TN/AG/50  
 
 
23 November 2021  
(21-8835) Page: 1/16 
Committee on Agriculture  
Special Session    
 
COMMITTEE ON AGRICULTURE IN SPECIAL SESSION  
REPORT BY THE CHAIRPERSON, H.E. MS GLORIA ABRAHAM PERALTA,  
TO THE TRADE NEGOTIATIONS COMMITTEE  
19 November 2021  
1   INTRODUCTION  ................................ ................................ ................................ .... 2 
2   DOMESTIC SUPPORT  ................................ ................................ .............................  4 
3   MARKET ACCESS  ................................ ................................ ................................ .... 5 
4   EXPORT COMPETITION  ................................ ................................ ..........................  5 
5   EXPORT PROHIBITIONS OR RESTRICTIONS  ................................ ..........................  5 
6   COTTON  ................................ ................................ ................................ .................  7 
7   SPECIAL SAFEGUARD MECHANISM (SSM)  ................................ .............................  7 
8   PUBLIC STOCKHOLDING FOR FOOD SECURITY PURPOSES (PSH)  ..........................  8 
9   TRANSPARENCY  ................................ ................................ ................................ .... 9 
10   CONCLUSION  ................................ ................................ ................................ ....... 9 
ANNEX: DRAFT CHAIR TEXT ON AGRICULTURE  ................................ ........................  10 
DRAFT MINISTERIAL DECISION ON TRADE, FOOD AND AGRICULTURE OF  
[XX] DECEMBER 2021  ................................ ................................ ................................  10 
Domestic Support  ................................ ................................ ................................ ...... 11 
Market Access  ................................ ................................ ................................ ...........  11 
Export Competition  ................................ ................................ ................................ .... 12 
World Food Programme food purchases for humanitarian purposes  ................................ ... 12 
Export Prohibitions or Restrictions  ................................ ................................ ................  13 
Cotton  ................................ ................................ ................................ ......................  13 
Special Safeguard Mechanism  ................................ ................................ ......................  14 
Public Stockholding for Food Security Purposes (PSH)  ................................ .....................  14 
Transparency  ................................ ................................ ................................ ............  15 
ANNEX I  ................................ ................................ ................................ ...................  16 
WFP FOOD PURCHASES EXEMPTION FROM EXPORT PROHIBITIONS OR  
RESTRICTIONS  ................................ ................................ ................................ ..........  16 
 
  TN/AG/50  
 
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  1  INTRODUCTION  
1.1.  This report  – which I am sharing with the entire Membership  – captures the progress we have 
made in the negotiations thus far, and my assessment of where the main fault lines  are in the 
positions of Members in the outstanding areas . Attached to it, in the Annex , is a revised draft 
negotiating text on agriculture resulting from all my consultations with Members  in different 
configurations  and all the inputs received in this process .  
1.2.  I am sharing this revised draft text under my own responsibility. I would like to emphasi ze that 
it does not purport to reflect consensus among Members, neither on the negotiations in their entirety 
nor on the specific negotiating topics. Furthermore, w hile it seeks to take into consideration the 
positions  expressed by all WTO Members on all topics in the negotiations to date, it also does not 
seek to reflect these positions exhaustively . The content of my report is entirely without prejudice 
to any Member's position on any of the negotiating issues.  
1.3.  When I circulated the previous draft negotiating text in July (JOB/AG/215), I urged Members 
to see it as a tool  to advance their work . I am pleas ed to be able to report that Members have done 
precisely that, and used it as a reference for their engagement with one another on the outstanding 
issues, taking also into account their own submissions . In the discussions, Members have willingly 
shared proposals that they considered necessary to address their concerns, exploring ways to find 
possible options to reflect their previous submissions and identify ing the most promising paths 
forward towards consensus.  
1.4.  During this period, I organi zed five meetings  of the Committee on Agriculture in Special 
Session1 back-to-back with dedicated sessions on Public Stockholding for Food Security Purposes 
and on the Special Safeguard Mechanism, including two at the Heads of Delegation level, open to 
the full WTO Member ship.  
1.5.  I also had multiple bilateral meetings with individual Members and held numerous consultations 
with smaller groups of Members in various formats and on different topics. Of particular importance 
was the "room D" process held during the month of Octo ber, during which Members engaged 
constructively in intensive text -based discussions based on the draft text circulated at the end of 
July, and on Members' various additional inputs.2 The pace of my consultations intensified during 
the month of November.  
1.6.  In order to ensure a transparent and inclusive process, I also met throughout this period with 
the coordinators of negotiating groups , in addition to the open -ended meetings.  
1.7.  Last but not least, the negotiation process was also informed and enriched by contacts made  
between different groups of Members as they explored with one another compromise options to 
narrow gaps in negotiating positions. Many valuable inputs were produced as a result of this process.  
1.8.  I am extremely grateful to Members for their tireless efforts and constructive attitude in the 
talks thus far. To the extent that the revised draft negotiating text represents a useful contribution 
to the preparations for the Ministerial Conference,  credit  is due to the hard work, determination, and 
good faith of Members.  
1.9.  Notwithstanding this intense engagement, we have not made as much progress as we had 
anticipated on some key issues, especially Domestic Support, Public Stockholding and  Market 
Access.  
1.10.  Members have thus not yet been able to agree on detailed and specific outcomes on several 
negotiating topics. In some instances, positions still diverge. I will provide my more detailed topic -
by-topic assessment in the subsequent sections  of this paper . Membe rs have also struggled to find 
ways to identify a balance across negotiating topics that they consider mutually acceptable.  
 
1 On 7-8 September, 20 -21 September, 14 -15 October, 28 October and 15 November. See my reports 
in documents JOB/AG/217, JOB/AG/221, JOB/AG/2 22, and JOB/AG/223 . 
2 A compilation of textual inputs by Members was circulated in document RD/AG/89.  TN/AG/50  
 
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  1.11.  I urge Members to acknowledge the gaps in negotiating positions, as well as the implications 
these have for our ability to move forw ard on our shared agenda. It is against this background that 
I have decided to issue the revised draft text in the Annex.  The options it contains have been carefully 
drafted based on Members' inputs and suggestions, as well as positions expressed during my  
consultations.  
1.12.  The text  covers the seven main negotiating areas, namely agricultural domestic support, 
market access, export competition, export restrictions, cotton, the special safeguard mechanism, 
public stockholding for food security purposes, as well  as the cross -cutting issue of transparency. 
Following the suggestion by several Members, it also includes an introductory part, which is meant 
to provide context for our negotiations and the different topics covered.  
1.13.  I am sure that this text will be consi dered by many Members  as not ideal,  as it does not fully 
reflect their initial ambitions. It is indeed a more streamlined and less ambitious version than what 
I initially had in mind. But all Members' positions have to be respected and balanced in a fair m anner. 
This text reflects the reality of where we are today. It acknowledges the current state of play in 
Members' positions and the difficulties we face in building convergence or narrowing the gaps on 
some key issues.  
1.14.  This text therefore constitutes my b est attempt to put on the table a balanced and realistic 
package that could garner the support of all Members for an outcome which all may be able to 
accept . I firmly believe this text would represent a significant step forward.  
1.15.  The basic premise of this t ext is that all Members share a commitment and a desire to continue 
the agriculture negotiations after the Twelfth Ministerial Conference ( MC12 ) despite the continued 
divergence  in their negotiating positions on some specific questions . This text therefore aims at 
sending a clear signal of this shared commitment by finding a realistic compromise that preserves 
Members' main interests and prepares for a fruitful post -MC12 negotiation  by providing Members 
with as much guidance as possible under the c ircumstances .  
1.16.  It is our collective responsibility to present to Min isters a text that is manageable. We cannot 
present them with a text that reflects significant divergence in negotiating positions and still expect 
them to bridge these in just a few days – especially when we have not been able to do so over a 
period of several months.  
1.17.  It is important that we all bear in mind our shared  resolve  and commitment to deliver a 
successful outcome on trade in food and agriculture at the Ministerial Conference.  Such an outcome 
is needed to ensure that trade contributes to progress on the goals that Members have set out in 
the Agreement on Agriculture  (AoA) , including under Article 20 and the objectives and concerns set 
out in the Agreement's Preamble. It is also ne eded more broadly for other reasons: to ensure that 
trade contributes towards the achievement of the Sustainable Development Goals, including SDG 2 
on hunger, food security and nutrition, and sustainable agriculture; to lay the foundations for our 
recovery  from the COVID -19 pandemic , and to enable our effective respon se to new challenges such 
as climate change, which is already having significant effects on global markets. This context is 
articulated in the proposed introductory part of the draft text.  
1.18.  At MC12, success will therefore demonstrate that WTO Members can take steps forward 
together and reaffirm their commitment towards the achievement of our shared objectives on food 
and agriculture – and will prove the WTO's relevance in today's world.  
1.19.  The follo wing sections of my report present the various elements of the draft negotiating text, 
which I sincerely hope will be considered a useful contribution to our collective endeavour  to reach 
a positive outcome on agriculture.  
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  2  DOMESTIC SUPPORT  
2.1.  The Domestic S upport pillar has been at the heart of the agricultural negotiations since their 
commencement in 2000. Numerous submissions have been made on this subject by Members 
emphasizing the shared objective of addressing trade -distorting domestic support (TDDS). I t is also 
the pillar of the negotiations that has been discussed the most in my consultations, and is the area 
where, for both developed and developing Members, the expectations for an outcome at MC12 have 
been the highest. Indeed, the two topics that are together seen as likely to set the overall level of 
ambition for  an agricultural  package  at MC12  are domestic support and public stockholding . 
2.2.  Many calls have been made to strengthen the existing disciplines on TDDS while at the same 
time leaving sufficient space for Members to pursue legitimate policy objectives such as food 
security, supporting small scale and resource -poor farmers, and fostering a resilient agricultural 
sector.  Members also need to address TDDS to ensure a "level playing field " and equitable trade, 
and to avoid costly competition between treasuries.  
2.3.  Despite the broad agreement on the need to address trade -distorting domestic support, the 
views of Members have continued to differ sharply on: how to achieve this objective; a numeri cal 
target (e.g. , 50% reduction); the timeframe (e.g. , agreed reduction to be made by 2030); the scope , 
and the potential of different support categories to distort trade (e.g., the determination of which 
categories of support should be included, along wit h the treatment of these categories ); the 
sequencing of reform steps (e.g. , whether AMS above de minimis should be addressed first, or 
whether all categories should instead be addressed in parallel); the level of ambition for MC12, and 
what is attainable, especially considering the wide divergence among positions and the limited time 
until MC12.  
2.4.  Members could not agree on a broad numerical target, nor on a pre -determined timeframe. 
With respect to the scope of the negotiations, several Members stressed that  it should address all 
categories of support under Article 6, without any a priori exclusion of any category, while also 
recognizing that they would not be treated equally. This was considered unacceptable by many 
developing countries, which demanded the e xclusion of Article 6.2 from reduction commitments.  
2.5.  There was also no convergence on addressing AMS beyond de minimis  in the negotiations. 
Some Members held the view that this category of support should not be singled out since the 
negotiations would addr ess all support that have the effect of distorting  trade and production. The 
proponents insisted however that this issue should be given priority in order to "level the playing 
field". There was also no convergence on the proportionality principle, as a nu mber of Members 
stressed that there was no universal definition of this concept that was acceptable to all Members. 
Some Members opposed using the size of entitlements as the sole criterion. In that regard, s ome 
Members suggested amendments to the wording,  while others wanted it to be dropped altogether. 
There was also disagreement over how to address Green  Box support3 (which does not fall under 
Article 6 ). Several Members insisted on the need for Green Box criteria to be clarified, along with 
those  in Articles 6.2 and 6.5 of the AoA.  
2.6.  Taking into account the limited time left until MC12, and the persistent differences over how 
to discipline TDDS, it is clear that Members will be unable to achieve a substantive outcome at the 
Conference involving agr eement on concrete modalities for the reduction of TDDS entitlements. I 
continue to believe, however, that MC12 can benefit all Members by delivering a useful step forward 
in the domestic support reform process that would set the direction for work after t he Conference. I 
also believe that it is our collective duty to make every effort to find a way forward in this important 
area where an outcome is long overdue. I therefore suggest  Members establish modalities by MC13 
to substantially reduce trade -distorti ng domestic support by the date to be agreed upon by Members, 
coupled w ith some guiding principles and improved transparency requirements.  
2.7.  I am aware that the suggested draft text will not reflect all Members' views and that the level 
of ambition may not b e what Members had in mind. But in my view, this text strikes a careful balance 
between the competing negotiating priorities and sensitivities of different Members and reflects the 
wide divergence among Members' positions.  
 
3 Covered under Annex 2 of the Agreement on Agriculture.  TN/AG/50  
 
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  3  MARKET ACCESS  
3.1.  As I stated  during the presentation of my draft text in July 2021,  an outcome in the Market 
Access pillar would help Members to attain an overall balance in the agriculture negotiations. My 
subsequent consultations with Members have since confirmed this view. I am al so very aware of the 
great political sensitivity of this pillar for several Members. My revised simplified text on a market 
access work programme  seeks to respond to the comments and concerns I have heard in my post -
July consultations. Broadly, the draft w ork programme in the revised text entails negotiations 
covering all elements of the Market Access pillar and acknowledges the need for technical discussions 
to inform these negotiations. Specific principles such as a "harmonizing " tariff reduction approach , 
which formed part of the July draft text, have not been retained in this revised version . 
3.2.  In my July draft text, I had also proposed a transparency exercise for Members to report ad 
valorem equivalents  (AVEs) of bound non -ad valorem  agricultural tariffs in their Schedules. During 
my consultations, several Members considered such an exercise to be premature in the absence of 
any clarity on the tariff reduction modality , and argued it was not necessarily useful in the absence 
of a common methodology to unde rtake the proposed conversion. The revised draft text omits this 
element.  
3.3.  As Members preferred to consider transparency under each area or pillar, the revised text 
includes elements of further work on improving market access transparency and notification 
compliance, to be pursued in the Committee on Agriculture.  
3.4.  On the issue of applied tariff transparency, some Members remain concerned about logistical 
constraints or the implications of the proposed decision for possible legislative changes that it might 
necessitate. I sensed the reluctance of those Members to consider a definitive agreement at MC12, 
even on a "best endeavour " or voluntary basis. Accordingly, I have proposed that Members' work in 
this area  continues in the Committee on Market Access,  anchore d by their sharing of current national 
practices when changing applied tariffs, and with a view to developing a non -exhaustive list of good 
practice s for national customs authorities.  
4  EXPORT COMPETITION  
4.1.  During my consultations , there was broad support for several elements in the draft text 
contained in JOB/AG/2 15. This was the case for the sections on : the continuation of post-MC12 
negotiation s; the recognition of the importance of effective implementation and monitoring of the  
Nairobi Ministerial Decision on Export Competition ; the acknowledgement of the triennial reviews of 
the Decision ; and the recognition of the need for the Secretariat to provide appropriate support to 
developing country Members that are not yet accustomed to responding to the annual Export 
Competition Questionnaire.  
4.2.  Most of the discussions addressed the question of transparency, including a post -MC12 work 
programme and the possibility of encouraging Members to provide export data with the support of 
the Sec retariat if deemed necessary.  
4.3.  The draft text builds on the intensive exchanges between proponents and groups of non -
proponents, and seeks to  find a compromise that reflects the concerns of all Members. It therefore 
both acknowledges Members' shared willing ness to enhance transparency in this area and also 
recogni zes that some developing country Members remain concerned about the capacity constraints 
they may face. 
5  EXPORT PROHIBITIONS OR RESTRICTIONS  
5.1.  The revised text on export prohibitions or restrictions reflects the view, broadly shared by 
Members , that the two elements of this  topic contained in document JOB/AG/215 should be 
addressed in separate decisions. Thus, the draft Decision on exempting WFP food purchases from 
export restrictions is now presented as a stand -alone Decision.  
5.2.  Discussions since July 2021 have indeed confirmed that Members hold in high esteem the work 
of the WFP and are willing to make their best efforts to support it, especially at a moment when the TN/AG/50  
 
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  number of undernouris hed people is growing again. In this context, a vast majority of Members view 
this as a "very low hanging fruit" for MC12.  
5.3.  The draft text in Annex I is intended to capture the current state of play following  the efforts 
that Members have made in recent we eks to explore possible compromises by adjust ing the text in 
document JOB/ AG/215. These changes have sought to strike a careful balance between, on the one 
hand, the concerns of Members where the foodstuff is purchased  by WFP , while on the other hand 
ackno wledging the fact that the WFP purchases food in accordance with its existing practices and 
principles to avoid negative impacts on such Members. The text is also intended to take on board 
sensitivities expressed by some Members regarding the reference to Article 12 of the A oA and 
Article  XI of the GATT 1994.  
5.4.  One Member that has ongoing concerns restated the questions it had posed to the proponents 
and WFP . These have sought  examples of actual export restrictions hindering the Organization's 
work in the pas t, and an assessment of the potential impact of such measures  in the future . One of 
the proponents submitted a communication on 16 November aimed at  providing responses to these 
questions.4  
5.5.  In light of these remaining concerns, the draft text acknowledges th at it may be difficult to 
attain a multilateral outcome  on this issue . In such a scenario, it is suggested that Members take 
note of the adoption of the Joint Statement WT/L/1109 or of any subsequent joint initiative that may 
be developed in  the coming days in this regard.  
5.6.  On the other element , namely, enhancing compliance with notification requirements under AoA 
Article 12, Members have engaged in active and constructive discussions since July, including during 
the "Room D " process. The draf t text reflects a possible outcome which has emerged from such 
discussions, consisting of the following four elements:  
a. the continuation of the negotiation post -MC12;  
b. a transparency work programme in the context of the regular CoA aimed at updating, 
transp arency requirements, as part of the overall transparency -enhancing efforts. This 
transparency work programme should be read together with the horizontal section on 
transparency issues at the end of the revised text in the Annex;  
c. the provision of technical  assistance upon request by the Secretariat, as well as annual 
supporting trade data to facilitate the implementation of the existing transparency 
requirements , and 
d. a potential deliverable on the timeline for advance notice pursuant to Article 12 of the Ao A 
on a "best endeavour " basis, pending the outcome of a post -MC12 work programme.  
5.7.  Regarding this latter issue, I have listened carefully to the concerns expressed by some 
Members that are reluctant to accept new commitments that could pre -empt the post -MC12 work 
on transparency in this area, as well as concerns regarding the feasibility and potential impacts on 
markets of such practices.  
5.8.  I nevertheless consider that a "best endeavour " outcome on this issue should preserve the 
interests of these Members fa cing difficulties, while at the same time enhancing the transparency 
and predictability of international markets for the benefit of importing countries, including – most 
importantly – developing ones.  
  
 
4 In document RD/AG/90.  TN/AG/50  
 
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  6  COTTON  
6.1.  As indicated in document JOB/AG/215, an outcome on cotton remains for many Members an 
important element of an MC12 agricultural package, in view of its critical role for the socio -economic 
development and livelihoods of many people, particularly in LDC Mem bers. 
6.2.  The revised text is the result of a series of consultations held between the C -4 and other 
interested Members, including in the "Cotton Quad plus " format, as well as on the occasion of  the 
16th Cotton Dedicated Discussion of the relevant trade -relate d developments for cotton, which was 
held on 4 November.  
6.3.  I was encouraged during all these consultations by the level of engagement and willingness to 
explore possible compromise solutions with a view to achieving an outcome on cotton at MC12.  
6.4.  The trade component is composed of two main elements, namely transparency and trade -
distorting domestic support for cotton.  On transparency, the discussions confirmed the importance 
that Members attach to exploring ways to enhance it through an evidence -based process, building 
on existing dedicated mechanisms on cotton.  
6.5.  The main outstanding issue between Members remains how to address the question of Trade -
Distorting Domestic Support for cotton. On the one hand, the C -4 – with the support of several 
Members and  groups of Members – invited other Members to continue discussions around the 
proposal contained in its submission TN/AG/GEN/51  - TN/AG/SCC/GEN /23.  
6.6.  On the other hand, other Members considered that agreement on modalities for reductions by 
MC12 was out of reach in light of the short time left, the remaining strong divergence in positions, 
and the overall level of ambition for an agricultural package at MC12.  The draft text therefore aims 
at finding a possible way forward reflecting Members' commitment to co ntinue the negotiations with 
a view to agreeing on modalities for the reduction of trade -distorting domestic support for cotton, 
in accordance with the mandate to address cotton ambitiously, expeditiously, and specifically, while 
also taking into account t he overall context of the agriculture negotiations.   
6.7.  Finally, as stressed on several occasions, an outcome on cotton has to be considered in its 
entirety, i.e., both its trade and development components. This latter component was developed 
under the Direct or-General's Consultative Framework Mechanism on the development aspects of 
Cotton (DGCFMC) and takes the form of a paragraph5 welcoming the work achieved in the DGCFMC 
context.  
7  SPECIAL SAFEGUARD MECHANISM (SSM)  
7.1.  Several developing Members attach importanc e to an outcome on SSM at MC12, especially in 
the wake of the COVID -19 pandemic. However , given the deep divergence among Members on some 
fundamental aspects of the SSM negotiations, including on the issue of linkage with market access, 
it has become appar ent that a su bstantive outcome on SSM at MC12 – even in a limited or temporary 
setting – is increasingly unlikely. In these circumstances, and taking into consideration the current 
technical deficit in the SSM negotiations, my revised text  proposes that Me mbers engage in targeted 
thematic discussions post -MC12 to address this aspect  – as my July draft text did as well . Technical 
elements of the SSG may inform these discussions to facilitate timely agreement on the numerous 
highly technical parameters of an SSM, including on scope, triggers and remedies. My draft revised 
text also proposes that the General Council makes recommendations on this matter to MC13 for the 
consideration of Ministers.  
  
 
5 This paragraph is based on the proposal made by the C -4 in document TN/AG/GEN/51 – 
TN/AG/SCC/GEN/23.  TN/AG/50  
 
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  8  PUBLIC  STOCKHOLDING FOR FOOD SECURITY PURPOSES (PSH)  
8.1.  Public Stockholding for Food Security Purposes (PSH) has remained a priority issue for the 
proponents, who have repeatedly stressed its usefulness as a tool for addressing food security and 
rural livelihoods, especially in times of crisis such as the COVID -19 pandemic. The proponents have 
also stressed that the deadline for the adoption of a permanent solution at the Eleventh Ministerial 
Conference (MC11) in 2017 was missed and a solution is therefore long over due. They have therefore 
urged Members to adopt of a permanent solution by MC12 that is simple, efficient, and broader in 
programme and product coverage.  
8.2.  While Members acknowledge the Bali and Nairobi Ministerial mandates to find a permanent 
solution and r ecognize the potential role of PSH programmes in supporting  food security, the non -
proponents remain particularly concerned about potential trade distortions and unlimited market 
price support beyond the Uruguay Round commitment levels. These Members argue  therefore that 
parallel progress is needed on domestic support , and consider that more information is needed on 
actual use of PSH programmes. Several Members have also underscored that PSH programmes 
represent one tool among many that can be used to ensur e food security, and that the least trade -
distorting measures should be prioriti zed. Transparency requirements and safeguards are considered 
crucial to providing these Members with reassurances against any unintended consequences.   
8.3.  Given the persistent wi de gaps in Members' views , this question has turned out to be the most 
difficult issue in the agriculture negotiations. It has become increasingly evident that it would be 
difficult for an agreement on a permanent solution to be reached at MC12. I have the refore tried to 
determine what could be done in the interim.  
8.4.  In my first draft (JOB/AG/215), I had suggested two options, i.e. , Option 1 for a permanent 
solution, and Option 2 for a work plan and an expansion of the Bali Interim Solution to LDCs. In my 
consultations , I had also tested other ideas, such as expanding the Bali Interim Solution for five 
years to new programmes of  all developing Members , provided the procured quantity did not exceed 
15% of the volume of production  of the relevant product. Another possibility was for this option to 
be restricted only to developing country Members that did not benefit from the Bali Interim Solution. 
One more idea broached in my consultations was the option for developing countries to submit a 
request to the C ommittee on Agriculture for their PSH programmes to benefit from the Bali Interim 
Solution, in recognition of the food security challenges faced by developing countries particularly as 
a result of COVID -19.  
8.5.  There was strong resistance to these ideas from different sides. A number of Members 
nevertheless indicated that they could envisage an expansion of the Bali Interim Solution to cover 
LDCs.  This view was strongly opposed by several developing country Members who objected to what 
they considered as an increasing trend in the WTO to distinguish among developing countries. They 
insisted that the proposed intermediary step should be extended to all developing country Members. 
A few non-developing country Members also objected to the LDC proposal , leading me to conclude 
that there was not broad support for it. Accordingly, I have deleted it from my revised draft text.   
8.6.  My assessment that it would be extremely difficult to achieve a permanent solution at MC12 
was not shared by some developing country Members , who insisted that I forward this issue to 
Ministers for their consideration  and decision .6 Several Members strongly objected to this proposed 
course of action , notably due to the  lack of detailed technical work on elements for a permanent 
solution and the absence of parallel progress on domestic support.  Consequently, given the 
stalemate, my recommendation to Ministers is for the adoption of a work programme with a view to 
agreeing  on a permanent solution by MC1 3. I also propose that the General Council  regularly reviews 
progress in these negotiations. Given the importance attached to the PSH issue by several 
developing country Members, Ministers may, if they so wish, consider revisiting it, bearing in mind 
the significant divergent positions as outlined  above, among the Membership.  
 
6 Two proposals have  recently  been made by the proponents for a permanent solution, one by the 
African Group ( JOB/AG/204 , 12 July 2021 ) and the other  by G33 Members (JOB/AG/214, 28 July 2021 and 
JOB/AG/214/Rev.1 , 16 September 2021 ).  TN/AG/50  
 
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  9  TRANSPARENCY  
9.1.  Members, including proponents on this topic, have signalled their readiness to consider a 
horizontal decision complemented by transparency -related elements incorporated in topic -by-topic 
sections, which I have al ready addressed above.  
9.2.  Generally speaking, Members have expressed their readiness to engage in a post -MC12 work 
programme aimed at reviewing, streamlining and updating transparency requirements, as well as 
review in parallel of information technology tool s through the Agriculture Informational Management 
System as suggested in the text contained in JOB/AG/215.  
9.3.  The draft text aims at reflecting the efforts made by both proponents and non -proponents to 
develop some possible compromise texts. The recognition of the capacity constraints of some 
developing Members is also an important element of this section.  
9.4.  The work programme also include s a possible timeframe for the adoption of a revised G/AG/2 
document on notification requirements and formats , which in my view should be considered in the 
context of  the timeframes on the other topics and overall balance of the agricultural package.  
10  CONCLUSION  
10.1.  Members will have an opportunity to comment on the draft text contained in the Annex during 
the next meet ing of the CoA Special Session on 25 November.  
10.2.  This meeting will be critical as it will take place less than a week before the opening of the 
Ministerial Conference and negotiation will soon be taken over at the Ministerial level.  
10.3.  As stated on several occa sions, this text is our collective text, repre senting the results of our 
work in recent weeks.  
10.4.  My sincere hope is that it constitutes a significant step forward in the right direction to help 
Ministers in their task at MC12.  
10.5.  As you consider it, I also invite you to keep in mind that it does not represent the end of the 
road for our negotiations, but rather a major confidence -building milestone to reinvigorate the 
negotiation process towards MC13 and future ministerial conferences. As such, it w ould reaffirm the 
credibility of the WTO and its capacity to seriously and constructively address contemporary 
challenges faced by the food and agriculture system.  
10.6.  For my part, I remain fully committed to facilitating convergence , and will do everything 
humanly possible to work with Members to achieve a positive outcome on agriculture at MC12.  
10.7.  If Members can continue to demonstrate commitment, goodwill and flexibility, a successful 
Ministerial Conference is within reach. Let us remain focused on that goal and redouble our efforts 
to ensure that the success  of MC12 enables trade to contribute positively to the achievement of our 
shared objectives for the future.  
_______________  
 
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  ANNEX: DRAFT CHAIR TEXT ON AGRICULTURE  
DRAFT MINISTERIAL DECISION  ON TRADE, FOOD AND AGRICULTURE  OF [XX] DECEMBER 2021  
Having regard to paragraph  1 of Article IX of the Marrakesh Agreement Establishing the World Trade 
Organization;  
 
Recalling the long -term objective to establish a fair and mark et-oriented agricultural trading system 
and to provide for substantial progressive reductions in agricultural support and protection sustained 
over an agreed period of time, resulting in correcting and preventing restrictions and distortions in 
world agric ultural markets as stated in the Preamble of the Agreement on Agriculture;  
 
1. We, the Ministers, have met in Geneva from 30 November to 3 December 2021 at our Twelfth 
Session of the Ministerial Conference of the World Trade Organization, and have adopted the  
following declaration on trade, food, and agriculture . 
 
2. We recall the objectives set out in the Preamble to the Agreement on Agriculture, and strongly 
reaffirm our commitment to continue the reform process under Article 20 of this Agreement . 
 
3. Accordingly, we reiterate our shared objective of establishing a fair and market -oriented 
agricultural trading system, and our commitment to substantial progressive reductions in 
support and protection. We acknowledge that special and differential treatmen t for developing 
countries is an integral element of the negotiations, and agree to have particular regard to 
the needs of the least -developed among them. Non -trade concerns, including food security 
and the protection of the environment shall also be taken  into account in the negotiations, as 
well as the possible negative effects of the implementation of the reform programme on least -
developed and net food -importing developing countries . 
 
4. We underscore the vital role trade can play in the achievement of foo d security and nutrition, 
including through improving availability of food where it is scarce, and facilitating access to 
food by creating jobs and raising incomes, particularly for the poor . 
 
5. We also commit to ensuring that open and predictable markets fo r food and agricultural 
products support the recovery from the COVID -19 pandemic . 
 
6. We recogni ze the progress that has been made towards overcoming poverty and malnutrition 
since the adoption of the Agreement on Agriculture. We note with concern that econom ic 
downturns, the COVID -19 pandemic, conflicts, and climate variability and extremes have 
undermined this progress in recent years . 
 
7. We reaffirm our conviction that WTO agriculture negotiations continuing the reform process 
under Article 20 of this Agreeme nt should support progress towards the targets set out under 
the United Nations Sustainable Development Goals, including to improve food security and 
nutrition, encourage sustainable agriculture and food systems, and enable an improved 
agricultural policy response to the climate crisis through both mitigation and adaptation 
actions . 
 
8. We commend the achievements in the negotiations to date, and in particular the contribution 
they have made towards the achievement of the United Nations Sustainable Development  
Goal 2 . 
 
9. We are also conscious of the considerable work that remains to be done in order to make 
progress on our shared objectives in the area of food and agriculture, particularly to reinforce 
the positive contribution that trade makes to people's  lives. We theref ore resolve to improve 
the functioning of global markets for food and agriculture and reaffirm our commitment to 
correct and prevent trade restrictions and distortions in world agricultural markets . 
 
10. We therefore resolve to intensify our negotiations and c ontinue our work under all the topics 
as described in the following paragraphs/decisions, with a view to reaching substantial results 
by MC13 . 
 TN/AG/50  
 
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  Domestic Support  
11. We agree to continue negotiations on domestic support after MC12 with a view to negotiating 
modalities by MC13 to reduce substantially trade -distorting domestic support [entitlements] 
[by 20XX] [within a timeframe to be determined by Members] in furtherance of the reform 
programme under Article 20 of the Agreement on Agriculture. The negotiations sh all be based 
on submissions by Members and shall take into account and build on the progress made thus 
far in these negotiations . 
 
12. We agree that special and differential treatment of developing countries, particularly the needs 
of low income or resource po or farmers, as well as the non -trade concerns of Members shall 
be taken into account in these negotiations . 
 
13. We agree that contributions by Members to the objective of achieving a substantial reduction 
of global trade -distorting domestic support shall be f air and underpinned by the principle that 
Members who distort trade the most shall contribute more in the reform process. The 
individual circumstances and development needs of Members shall be taken into account . 
 
14. We note the importance of the implementati on of existing notification obligations under 
Article  18 of the Agreement on Agriculture and undertake to make the necessary efforts to 
provide outstanding domestic support notifications prioritizing as from the year 2010 to 
enhance transparency with respe ct to existing domestic support commitments. To this end, 
we agree to explore ways in the Committee on Agriculture to streamline and update the 
notification requirements related to domestic support, taking due account of the capacity 
constraints that some developing country Members including especially least developed 
among them are facing. Members undertake to provide the value of production data as part 
of their DS:1 notifications and to provide the required information in a complete and 
comprehensive man ner. 
 
15. We instruct the WTO Secretariat to maintain and update on a regular basis a domestic support 
analytical tool based on Members ' notifications or publicly available official information where 
necessary. Members ' past contributions can be used as exampl es for this tool with 
modifications to be made as necessary to ensure neutrality . 
 
16. Acknowledging the importance of the Green Box in the reform process in assisting Members 
to address contemporary challenges, we agree to clarify the criteria and transparenc y-related 
requirements of Annex 2 . Members shall also clarify the criteria  in Articles 6.2 and 6.5 of the 
Agreement on Agriculture . 
 
Market Access  
17. We agree to continue negotiations , as mandated by Article 20 of the Agreement on Agriculture, 
on all elements of agricultural market access after MC12 with a view to improving substantially 
and progressively market access opportunities for Members. Technical discussions on relevant 
elements  in the Market Access pillar shall be undertaken to inform these negotiations. The 
negotiations shall take into account special and differential treatment for least developed and 
developing country Members, non -trade concerns of Members, and progress on ot her 
outstanding agricultural issues . 
 
18. We agree to make all efforts to comply with current notification obligations under the Market 
Access pillar with assistance from the WTO Secretariat, as necessary. We also commit to 
enhance transparency and streamline existing market access notification requirements and 
formats through a detailed work programme to be elaborated by the Committee on 
Agriculture . 
 
19. We agree that enhanced transparency in the application of changes to MFN ordinary applied 
tariff rates would provide greater certainty and predictability to businesses and traders, 
especially those who have shipments en route  to destinations which may effe ct changes in 
their tariffs. We also recognize that some Members currently have provisions in place that 
provide greater certainty through various mechanisms. Accordingly, Members agree to provide TN/AG/50  
 
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  details1 on their current practices on effecting changes i n MFN applied tariffs to the Committee 
on Market Access with a view to establishing a non -exhaustive list of good practices for 
customs authorities to take into account when effecting changes to a Member's applied 
ordinary tariff rates . 
 
Export Competition  
20. We agree to continue negotiations on export competition after MC12 building on the evidence 
amassed during the review undertaken in the Committee on Agriculture, with a view to 
enhancing disciplines on export credits, export credit guarantees or insurance programmes, 
agricultural exporting state trad ing enterprises and international food aid, to ensure that there 
is no circumvention of the relevant disciplines which undermines export subsidy elimination 
commitments and to prevent non -commercial transactions from being used to circumvent 
such commitmen ts. Flexibilities, when appropriate, may include , inter alia , longer 
implementation periods . 
 
21. We reaffirm our commitment to ensure an effective implementation and monitoring of the 
Nairobi Ministerial Decision on Export Competition (WT/MIN(15)/45 - WT/L/98 0). 
22. We welcome in this regard the two Triennial Reviews of the Nairobi Decision undertaken by 
the Committee on Agriculture in 2018 and 2021, pursuant to paragraph 5 of the Nairobi 
Decision and commit to successfully conclude the Second Triennial Review at the first 2022 
meeting of the Committee on Agriculture . 
23. With a view to ensuring the effective implementation of  the Nairobi Decision, Members invite 
the WTO Secretariat to pursue efforts to provide support as appropriate, based on the 
challenges identified  by developing country Members that are not yet accustomed to 
responding to the annual Export Competition Questionnaire, including through information 
sessions, technical assistance and capacity -building activities . 
24. In light of the changes introduced in the ar ea of export competition following the adoption of 
the Bali Ministerial Declaration on Export Competition (WT/MIN(13)/40) and the Nairobi 
Ministerial Decision on Export Competition, we commit to explore ways in the Committee on 
Agriculture to streamline an d update the monitoring and transparency requirements on export 
competition through an evidence -based process, taking due account of the capacity 
constraints faced by some developing country Members, particularly the least -developed 
among them .2   
 
World Food Programme food purchases for humanitarian purposes  
25. We commend the humanitarian work by the World Food Programme and its valuable 
contribution to global food security . 
 
26. [In this regard, we take note of the Joint Statement on agriculture export prohibitions or 
restrictions relating to the World Food Programme adopted by a group of Members on 
XX/XX/2021 in document YYY and shall continue to consider possible avenues to facilitate its 
work.][In this regard, we adopt the decision contained in Annex I.] 
 
  
 
1 This may contain, inter alia , the following information: (i) the current domestic procedures for 
changing MFN applied tariffs ; (ii) timing of the publication of the info rmation on changes in applied tariffs ; (iii) 
whether the proposal to change applied tariffs is published at the draft stage providing an opportunity to 
interested parties to provide comments ; and (iv) how shipments en route  or in-transit are treated when t here 
is a change in applied tariff rates and whether this treatment differs depending on whether there is a tariff rate 
increase or decrease.  
2 Pending the outcome of the work on a possible update of the export competition questionnaire, 
Members are encour aged to provide national level export data by product or product group for: (i) export 
financing programs, (ii) international food aid, and (iii) agricultural state trading enterprises, subject to normal 
commercial confidentiality considerations.  The WTO S ecretariat shall upon request by Members provide this 
data and shall also provide total world exports for the corresponding products and product groups.  TN/AG/50  
 
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  Export Prohibitions or Restrictions  
27. We agree to continue negotiations after MC12 with the aim of enhancing transparency and 
predictability of export prohibitions and restrictions, including by exploring ways to 
clarify  provisions of Article 12 of th e Agreement on Agriculture regarding relevant aspects of 
these measures, such as: (i) how due consideration was given to the effects on importing 
Members' food security; (ii) practices regarding advance written notice; (iii) transparency 
requirements for m easures of long duration, and (iv) other aspects Members consider 
relevant . 
 
28. For the purposes of Article 12.1(b) of the Agreement on Agriculture, pending the outcome of 
the negotiation on this issue, any Member instituting any export prohibitions or restrictions to 
prevent or relieve critical shortages of foodstuffs in accordance w ith Article XI.2(a) of the GATT 
1994 shall, where possible, endeavour to give notice in writing to the Committee on 
Agriculture of the measure no later than 30 days, prior to the coming into force of the measure . 
 
29. The provisions in paragraph 28 shall not a pply to (i) any least developed country or net food -
importing developing country (NFIDC)3 Member instituting new temporary export prohibitions 
or restrictions on foodstuffs; or (ii) any other developing country Member instituting new 
temporary export proh ibitions or restrictions on foodstuffs, unless the measure is taken by a 
developing country Member which is a net -food exporter of the specific foodstuff concerned . 
 
30. With a view to ensuring effective implementation of Articles 12 and 18 of the Agreement on  
Agriculture, we invite the WTO Secretariat to:  
 
a. pursue efforts to assist developing country Members, upon their request, to comply with 
the relevant notification requirements, including  through ad hoc  advice, technical 
assistance and capacity -building sup port, and 
 
b. provide annual data on volumes and values of exports and imports by Members, 
covering agriculture products as defined in Annex 1 of the Agreement on Agriculture.4 
 
31. We agree to explore ways in the Committee on Agriculture to review and update the 
notification requirements related to export prohibitions and restrictions through an evidence -
based process, taking due account of the capacity constraints that some developing country 
Members including especially the least developed among them are facing.  
 
Cotton  
32. We undertake to continue holding Dedicated Discussions on cotton on a bi -annual 
basis,  as mandated by paragraphs 5, 6 and 7 of the Bali Ministerial Decision on Cotton 
(WT/MIN(13)/41  - WT/L/916) and confirmed in paragraph 14 of the Nairo bi Ministerial 
Decision on Cotton (WT/MIN(15)/46 - WT/L/981).  
 
33. We undertake to continue monitoring the implementation of commitments contained in the 
Nairobi Ministerial Decision on Cotton across the three pillars of Market Access, Domestic 
Support, and Ex port Competition  during the Dedicated Discussions on Cotton,  based on 
relevant Members' notifications to the WTO, complemented as necessary by Members' replies 
to specific requests for information from the WTO Secretariat.  
 
34. We welcome the work undertaken i n the Dedicated Discussions on Cotton to monitor cotton 
trade and markets including through side events, notably in relation to the impact of the 
COVID -19 pandemic on the cotton sector and commend WTO partners participating in this 
exercise.  
 
35. We acknowledg e the statement on the WTO Cotton negotiations adopted by a group of 
Members on 7 October 2019 (JOB/AG/165) and commit to intensify discussions on factors 
 
3 As listed in the latest revision of document G/AG/5 . 
4 These data shall be sourced from data provided by WTO Members to the WTO Secretariat, officially 
available international databases or other relevant easily accessible well -recognized sources after being verified 
by Members.  TN/AG/50  
 
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  negatively impacting cotton trade and markets and to continue efforts aimed at enhancing 
transparency  and the monitoring of cotton -related trade measures.  
 
36. To this end, we commit in particular to undertake post -MC12 work through an evidence -based 
process with a view to enhancing collection, processing, and circulation of cotton -related  
relevant data inclu ding by streamlining and clarifying as necessary the bi -annual cotton 
questionnaire and the notification requirements and formats under G/AG/2, taking due 
account of the capacity constraints of some Members.  
 
37. Noting what we have agreed on Domestic Support in this Decision, we agree to continue 
negotiations after MC12 with a view to agreeing on modalities for the reduction of trade -
distorting domestic support for cotton in accordance with the mandate to address it 
ambitiously, expeditiously, and specifically  within the agriculture negotiations. The 
negotiations shall be based on Members' existing and future submissions, as well as on up -
to-date domestic support notifications.  
 
38. We agree to review progress in respect of cotton at the 13th Ministerial Conference  and adopt 
any necessary decisions. In that regard, we invite the Director -General to submit a report to 
the Conference on the progress made in implementing the trade -related components of this 
Decision, including on the negotiations on cotton trade domest ic support.  
 
39. We note that development -related aspects of cotton are addressed under the Director -
General's Consultative Framework Mechanism on Cotton and welcome the work undertaken 
in this context, which will continue to be handled as provided for in para graph 12 of the Hong 
Kong Ministerial Declaration (WT/MIN(05)/DEC) and in paragraphs 10, 11, 12 and 13 of the 
Nairobi Ministerial Decision on Cotton.  
 
Special Safeguard Mechanism  
40. Pursuant to the Nairobi Ministerial Decision (WT/MIN(15)/43  - WT/L/978), we undertake to 
continue negotiations on a special safeguard mechanism for developing country Members in 
dedicated sessions of the Committee on Agriculture in Special Session (CoA -SS). 
 
41. We agree to engage in enhanced technical d iscussions, inter alia, on the following themes: 
evaluation of import surges and price decreases; triggers and cross -check; remedies; scope, 
including coverage and the treatment of preferential trade , and transparency.  
 
42. Technical elements of the Special Agricultural Safeguard (SSG) in Article 5 of the Agreement 
on Agriculture and the experience gained in its implementation since 1995 shall be taken into 
account in designing the elements of the special safeguard mechanism.    
 
43. The General Council shall regularly review progress in these negotiations with the aim of 
making recommendations for the consideration of Ministers at MC13.  
 
Public Stockholding for Food Security Purposes  (PSH)  
44. We note the Ministerial Decision of 7 De cember 2013 (WT/MIN(13)/38 - WT/L/913), the 
General Council Decision of 27 November 2014 (WT/L/939) and the Ministerial Decision of 
21 December 2015 (WT/MIN(15)/44 - WT/L/979) . 
 
45. We undertake to intensify our negotiations and make all concerted efforts to a gree and adopt 
a permanent solution on the issue of public stockholding for food security purposes by MC13, 
taking into account existing and future submissions by Members. The negotiations shall 
continue to be held in dedicated sessions of the Committee on  Agriculture in Special Session.  
 
46. The General Council shall regularly review progress in these negotiations.  
 
  TN/AG/50  
 
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  Transparency  
47. We reaffirm the importance of the implementation of existing transparency requirements 
under Article 18 of the Agreement on Agriculture as well as those stemming from relevant 
Ministerial Decisions and undertake to make the necessary efforts to provide outstanding 
notifications and responses to questionnaires, prioritizing those for the most recent years.  
 
48. Further to the provis ions in Article 18 of the Agreement on Agriculture and in document 
G/AG/2 on "Notification Requirements and Formats" , we commit to reviewing transparency 
provisions to improve monitoring in all areas of agriculture by the Committee on Agriculture.  
 
49. We direct the WTO Secretariat to provide information on a regular basis to the Committee on 
Agriculture on available technical assistance and capacity -building support, including 
examples of recent technical cooperation activities, in an effo rt to assist developing country 
Members to prepare notifications and fulfil other relevant transparency and monitoring 
requirements.  
 
50. We welcome the development of information technology (IT) tools through the Agriculture 
Informational Management System (A g-IMS) to facilitate data processing and on -line data 
submission by Members in implementing their  notifications obligations and other relevant 
transparency and monitoring requirements. We shall undertake a regular review  of the IT 
tools in the Committee on  Agriculture with assistance from the WTO Secretariat, with a view 
to putting in place a methodology to permit regular updates to reflect global IT developments.  
 
51. In light of the various transparency -related elements contained in the previous sections, we 
agree to work  in the Committee on Agriculture to review, update and streamline as necessary 
through an evidence -based process  the transparency provisions contained in document G/AG/2, 
with a view to adopting a revised version of document G/AG/2 by the end of 2023 .  
 
52. Due consideration shall be given to capacity constraints faced by some developing countries 
including especially the least developed among them,  notably based on Members' assessment 
of the reasons accounting for the low level of compliance with transparency requirements by 
some Members .  
 TN/AG/50  
 
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  ANNEX I  
WFP FOOD PURCHASES EXEMPTION  FROM EXPORT PROHIBITIONS OR RESTRICTIONS  
The Ministerial Conference,  
Having regard to Paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade 
Organization;   
In view of the critical humanitarian support provided by the World Food Programme, made more 
urgent in light of the COVID -19 pandemic and other crises,  
 
With the understanding that the World Food Programme alway s takes procurement decisions on the 
basis of its principles to "do no harm" to the supplying Member and promote local and regional food 
procurement , 
 
Decides  as follows:  
 
Members shall not impose export prohibitions or restrictions1 on foodstuffs purchased for non -
commercial humanitarian purposes by the World Food Programme.2  
 
 
 
__________  
 
1 Recalling Article 12 of the Agreement on Agriculture and Articl e XI of the GATT 1994 . 
2 Provided that the domestic availability of the procured foodstuffs will not be harmed by such purchases.