TN/RL/W/273  
 
28 July 2017  
(17-4152) Page: 1/39 
Negotiating Group on Rules  Original: English  
 
FISHERIES SUBSIDIES  
COMPILATION MATRIX O F TEXTUAL PROPOSALS RECEIVED TO DATE  
INTRODUCTION BY THE CHAIR  
At the 18 July 2017 meeting of the Negotiating Group on Rules, I reported that the proponents 
collectively had requested that I produce a compilation, in the form of a matrix, of all of the 
textual proposals that had been received, to assist Members in ana lysing and comparing the 
proposals. As the Negotiating Group agreed with this request at that meeting, I have now 
prepared the attached matrix, which has been validated by the proponents.  
Regarding its status, as I emphasized at the meeting the matrix is not a Chair text. It is simply a 
compilation, topic by topic, of the seven textual proposals now on the table. Nothing has been 
added to or subtracted from any of the proposals and no judgements are expressed or implied. It is meant to be a purely technica l document and is without prejudice to and does not replace any of 
the proposals, all of which remain before the Group.  
The matrix is intended as a tool, to serve a basis for topical discussions of the proposals when we 
reconvene in the fall. Between now and then, it is my hope that it will help Members to identify 
areas of greatest and least convergence among the proposals and thus assist us in sharpening our 
focus as we intensify our work in the lead -up to MC11.  
Concerning its content, the matrix is org anized into rows representing the topics and sub- topics, 
and columns representing the proposals. Thus for each topic or subtopic, the matrix presents a 
side-by-side comparison of the corresponding texts from the proposals.  
Regarding the topics and subtopi cs, these have been derived from the proposals themselves and 
the aim is that each row in the matrix addresses one main idea. Thus, the breakouts are as granular as required to do this, such that similar ideas across different proposals are grouped 
togethe r.  
The way that the topics are broken out has meant that in some cases the text from a given proposal on a particular topic is a partial excerpt from the relevant provision in that proposal, 
rather than the entire provision. In addition, for the same reas on, in some cases, where a 
particular provision in a proposal is relevant to more than one topic, it is repeated in each place 
where it is relevant. Because of the variation in the structures of the different proposals, some 
compromises were necessary in categorizing elements of certain proposals. Again, this is entirely 
without prejudice to the substance.  
In terms of formatting, for ease of reading the formatting in the matrix is uniform. Thus, the 
original formatting in each proposal has been conformed t o a standardized formatting that is used 
throughout the matrix. The only new formatting that has been introduced in the matrix is 
underlining of certain terms (mainly in the proposals' definitions), simply for ease of reading.  TN/RL/W/273  
 
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Finally, the matrix includes  the following proposals:  
 
- TN/RL/GEN/186: New Zealand, Iceland, Pakistan  
- TN/RL/GEN/181/Rev.1: EU  
- TN/RL/GEN/189/Rev.1: Indonesia  
- TN/RL/GEN/192: ACP Group  
- TN/RL/GEN/187/Rev.21: Argentina, Colombia, Costa Rica, Panama, Peru, Uruguay  
- TN/RL/GEN/193: LDC Group  
- TN/RL/GEN/191: Norway  
  
                                                
1 Regarding the proposal from the Latin American proponents, I note that the most recent version of 
that proposal (TN/RL/GEN/187/Rev.2) sets forth changes that were foreshadowed by the proponents at the 
18  July meeting. These changes are reflected in the corresponding sections of the matrix. TN/RL/W/273  
 
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Table of Contents  
GENERAL PROVISIONS .................................................................................................... 5 
Preamble .......................................................................................................................... 5 
Definitions  ....................................................................................................................... 6 
Illegal, unreported and unregulated (IUU) fishing  .................................................................... 6 
Fishing/fishing activity  ......................................................................................................... 8 
Fishing related activities  ...................................................................................................... 9 
Fishing vessel  ..................................................................................................................... 9 
Operator  ............................................................................................................................ 9 
Overfished/ overfished stocks  ............................................................................................... 9 
Subsistence/ artisanal/ small -scale fishing  ............................................................................10  
Large -scale industrial fishing  ...............................................................................................10  
Capture fisheries  ................................................................................................................10  
Inland fisheries  ..................................................................................................................11  
Aquaculture  .......................................................................................................................11  
Exclusive Economic Zone (EEZ)  ...........................................................................................11  
Definition of subsidies  .........................................................................................................11  
Scope  ..............................................................................................................................12  
Activity (capture, aquaculture, inland fisheries, etc.)  ..............................................................12  
Natural disaster  .................................................................................................................12  
Safety, environment, compliance with management, R&D, resilience  ........................................13  
Multispecies catch  ..............................................................................................................13  
Small -scale artisanal fishers ................................................................................................13  
Attribution  of subsidies ...................................................................................................14  
Other legal implications  ..................................................................................................14  
PROHIBITIONS  .............................................................................................................. 15 
Chapeau  ..........................................................................................................................15  
Definition of subsidies  ....................................................................................................15  
IUU ................................................................................................................................. 15 
Subject of prohibition  .........................................................................................................15  
Basis/bases for IUU determination  .......................................................................................16  
Flags of convenience  ..........................................................................................................18  
Transshipment  ................................................................................................................18  
Prohibition  ........................................................................................................................18  
Beyond national jurisdiction  ...........................................................................................18  
Prohibition  ........................................................................................................................18  
Overfishing/ overfished stocks/ unassessed stocks  .......................................................18  
Prohibition  ........................................................................................................................18  
Basis for "overfished" determination  .....................................................................................20  
Effect of subsidy on overfished stocks  ...................................................................................21  TN/RL/W/273  
 
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Geographical aspects  ..........................................................................................................21  
Over -capacity/ Capacity enhancing  ................................................................................22  
Prohibition  ........................................................................................................................22  
Subsidies outside the scope of this prohibition  .......................................................................24  
Geographical aspects  ..........................................................................................................25  
Operating costs  ...............................................................................................................25  
Prohibition  ........................................................................................................................25  
Additional prohibitions to be negotiated  .........................................................................26  
Placeholder  .......................................................................................................................26  
STANDSTILL  ................................................................................................................... 26 
SPECIAL AND DIFFEREN TIAL TREATMENT & TEC HNICAL ASSISTANCE AN D 
CAPACITY BUILDING  ..................................................................................................... 27 
Special and differential treatment  ...................................................................................27  
Flexibilities  ........................................................................................................................27  
Conditionalities  ..................................................................................................................31  
Other  ...............................................................................................................................33  
Technical assistance and capacity building  .....................................................................33  
TRANSPARENCY  ............................................................................................................. 34 
Notification ........................................................................................................................34  
SCM Committee role  ...........................................................................................................36  
TRANSITIONAL PROVISI ONS, INSTITUTIONAL A RRANGEMENTS/REVIEW  .................... 37 
Transitional provisions  ....................................................................................................37  
Institutional arrangements/review  ................................................................................39  
 
 TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
GENERAL PROVISIONS  
Preamble  
   
Acknowledging  the 
commitments established 
under the 2030 Agenda for 
Sustainable Development 
and notably UN Sustainable 
Development Goal 14 on 
the conservation and 
sustainable use of oceans, 
seas and marine resources 
for sustainable 
development,  
Acknowledging  UN 
Sustainable Development 
Goal 14 target 6 which sets 
out that the signatories of 
the 2030 Agenda for 
Sustainable Development 
should, by 2020 prohibit 
certain forms of fisheries 
subsidies which contribute 
to overcapacity and 
overfishing, eliminate 
subsid ies that contribute to 
illegal, unreported and 
unregulated fishing and 
refrain from introducing 
new such subsidies,  
Acknowledging  UN 
Sustainable Development 
Goal 14 target 4 which sets 
out that the signatories of 
the 2030 Agenda for 
Sustainable Developmen t 
should, by 2020 effectively 
regulate harvesting and 
end overfishing, illegal, 
unreported and 
unregulated fishing and 
destructive fishing practices and implement science-
based management plans, 
in order to restore fish 
stocks in the shortest time 
feasible , at least to levels 
that can produce maximum 
sustainable yield as 
determined by their 
biological characteristics,  
  The Ministerial Conference,  
 
Recalling  the mandate 
contained in the 2001 Doha 
Declaration, where 
Ministers agreed to clarify 
and improve WT O rules 
that apply to fisheries 
subsidies,  
 
Acknowledging the 
importance of the sector to 
development priorities, 
poverty reduction, 
livelihood, sustainable 
development of fisheries 
capacity throughout the 
value chain, and food 
security concerns of 
develop ing countries  
 
Reaffirming our 
commitment under the 
2030 Development Agenda 
to prohibit, by 2020, 
certain forms of fisheries 
subsidies which contribute 
to overcapacity and 
overfishing, eliminate 
subsidies that contribute to 
illegal, unreported and 
unregula ted fishing and 
refrain from introducing 
new such subsidies, 
recognizing that 
appropriate and effective 
special and differential 
treatment for developing 
and least developed 
countries should be an 
integral part of the WTO 
fisheries subsidies 
negotiation.  
 Members hereby;  
 
Considering  a growing 
consensus within the 
international community 
has been emerging on the 
need to act to prevent the 
harmful impacts of certain 
fisheries subsidies on 
sustainability of marine 
resources. That 
understanding was 
reflected in Paragraph 173 
of the outcome document 
of the United Nations 
Conference on Sustainable 
Development, 'The future 
we want' and in the recent multilateral mandate of the 
2030 Agenda for 
Sustainable Development 
of the United Nations, in 
which Heads of State and Government agreed on the 
Sustainable Development 
Goals (SDGs) 14.6;  
 
Recognizing the urgent 
need to eliminate illegal, 
unreported and 
unregulated fishing and 
prohibit certain forms of 
subsidies that contribute to 
overfishing and 
overcapacity;  
 
Acknowledging that 
appropriate and effective 
special and differential 
treatment for developing 
and least -developed 
country Members should be 
an integral part of the 
World Trade Organization 
fisheries subsidies 
negotiation;  
  
 
   
   TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Preamble  
(Cont'd)   Recognising  that 
appropriate and effective 
special and differential 
treatment for developing 
and least developed 
countries should be an 
integral part of the World 
Trade Organisation 
fisheries subsidies 
negotiation,  
Recognising  that 
overcapacity contributes  to 
overfishing and constitutes 
a serious threat to the 
conservation and 
sustainable exploitation of 
living marine resources,  
Recognizing  that the share 
of overfished stocks 
increased from 10% in 
1974 to over 31% in 2013 
and that this share should 
be decreased,  
The Parties agree  as 
follows:    Recalling , that the Food 
and Agricultural 
Organization (FAO) has 
developed relevant 
international plans of 
actions to address Illegal, 
Unreported and 
Unregulated (IUU) fishing, 
and overcapacity, as well 
as technical guidelines for 
responsible fisheries;  
 
Fulfilling  the fisheries 
subsidies' goals will be the 
most relevant WTO 
contribution to trade and 
environment, representing 
at the same time an 
important contribution to 
food security and 
development;  
 
agree to establish effective 
disciplines on fisheries 
subsidies as follows:    
Definitions  
 
Illegal, unreported 
and unregulated 
(IUU) fishing  Definitions  
  
 
 
"illegal, unreported and 
unregulated fishing (IUU) " 
is to be understood to have 
the same meaning as 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
UN Food and Agricultural Organisation (FAO).  
  
  
 
 
[FN4bis text]  The term 
IUU fishing  stands for 
"illegal, unreported, and 
unregulated fishing" as 
defined in paragraph 3 of 
the International Plan of 
Action to Prevent, Deter 
and Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
United Nations Food and 
Agricultural Organization 
(FAO). 
  
  
 
 
 
[FN4 text] The term 
"illegal, un report ed, and 
unregulat ed fishing"  shall 
be interpreted in 
accordance with the 
definition set out in 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
United Nations Food and 
Agricultural Organization  
(FAO).  
  
 
 
 
 
 
[FN3 text]: [IUU] Defined 
in accordance with Annex I 
of this Agreement and as 
implemented under 
national laws and 
regulations. Nation al and 
RFMO IUU lists, established 
in accordance with due 
process mechanisms, may 
be taken into account.  
 
Annex I  
 
A. Illegal fishing  refers 
to activities:  
 
i. conducted by national or 
foreign vessels in waters 
under the jurisdiction of a 
State, without the 
permission of that State, or 
in contravention of its laws 
and regulations;  6 Definitions  
 
For the purposes of this 
instrument, the following 
definitions shall apply:  
 
a. "Illegal, unreported and 
unregulated fishing " is to 
be understood to have the 
same meaning as 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing (2001 
IUU Fishing Plan of Action) 
of the UN Food and 
Agricultural Organization 
(FAO), adopted in Rome, 
2001.   
  
 
 
 
[FN6 text]: For the purpose 
of this Agreement the term 
"illegal, unreported and 
unregulated fishing (IUU) " 
is to be understood to have 
the same meanin g as 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
UN Food and Agricultural 
Organization (FAO).   
 
 
 
       TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Definitions  
(IUU - Cont'd)     ii. conducted by vessels 
flying the flag of States 
that are parties to a 
relevant regional fisheries 
management organization 
but operate in 
contravention of the 
conservation and 
management measures 
adopted by that 
organization and by which 
the States are bound , or 
relevant provisions of the 
applicable international 
law; or  
iii. in violation of national 
laws or international 
obligations, including those 
undertaken by cooperating 
States to a relevant 
regional fisheries 
management organization.  
B. Unreported fishing  
refers to fishing activities:  
 i. 
which have not been 
reported, or have been 
misreported, to the 
relevant national authority, 
in contravention of national laws and regulations; or  
ii. undertaken in the area of 
competence of a relevant 
regional fis heries 
management organization 
which have not been 
reported or have been 
misreported, in 
contravention of the 
reporting p rocedures of 
that organization.     TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Definitions  
(IUU - Cont'd)     C. Unregulated fishing  
refers to fishing activities:  
 
i. in the area of application 
of a relevant regional 
fisheries management 
organization that are 
conducted by vessels 
without nationality, or by 
those flying the flag of a 
State not party to that 
organization, or by a 
fishing entity, in a manner 
that is not co nsistent with 
or contravenes the 
conservation and 
management measures of 
that organization; or  
ii. in areas or for fish stocks 
in relation to which there 
are no applicable 
conservation or 
management measures and 
where such fishing 
activities are conducted  in 
a manner inconsistent with 
State responsibilities for 
the conservation of living 
marine resources under 
international law.  
D. Notwithstanding 
paragraph C, certain 
unregulated fishing may 
take place in a manner 
which is not in violation of 
applicable in ternational law.  
    
Fishing/fishing 
activity  "fishing " means searching 
for, attracting, locating, catching, taking or harvesting fish or any activity which can 
reasonably be expected to 
result in the attracting, 
locating, catching, taking or 
harvesting of fish.  
 [FN2 text]   For the purpose 
of this Agreement, the term 
"fishing " means searching 
for, attracting, locating, 
catching, taking and 
processing fish on board, 
transhipping or transferring 
or landing fish or any 
activity which can 
reasonably be expec ted to 
result in these activities.  
  [Definitions]  
"Fishing or fishing activity " 
means searching for, 
attracting, locating, 
catching, taking or 
harvesting fish or any 
activity which can 
reasonably be expected to 
result in the attracting, 
locating, catching, taking or 
harvesting of fish, including 
transhipping, and 
processing of fish at sea; 
and shall be confined to 
wild marine capture;  c. "Fishing " means 
searching for, attracting, 
locating, catching, taking or 
harvesting fish or any 
activity which c an 
reasonably be expected to 
result in the attracting, 
locating, catching, taking or 
harvesting of fish.    TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Definitions  
(Cont'd)  
 
Fishing related 
activities  "fishing related activities " 
means any operation in 
support of, or in 
preparation for, fishing, 
including the landing, 
packaging, processing, 
transshipping or 
transporting of fish, as well 
as the provisioning of 
personnel, fuel, gear and 
other supplies.  
  [FN3 text]  For the purposes  
of this discipline, fishing 
related activities  defined as  
means any operation in 
support of, or in 
preparation for, fishing, 
including the landing, 
packaging, processing, 
transshipping or 
transporting of fish that 
have not been previously 
landed at a port , as well as 
the provisioning of 
personnel, fuel, gear and 
other supplies at sea.  
     
Fishing vessel   [FN3 text]   For the purpose 
of this Agreement, the term "fishing vessel" 
refers to 
any vessel, ship or other 
type of boat used for, 
equipped to be used for, or 
intended to be used for 
commercial fishing or 
fishing related activities.  
  [Definitions]  
"Fishing vessel " means any 
vessel, ship or other type of boat used for, 
equipped to 
be used for, or intended to 
be used for commercial 
fishing or fishing activities 
and/or the definition for 
fishing vessel as applied in 
a Member's national laws.  
  
b. "Vessels " refers to any 
vessel, ship or other type 
of boat used for, equipped 
to be used for, or intended 
to be used for fishing or 
fishing related activities  [FN3-text] For the purpose 
of this Agreement, the term "fishing vessel
" refers to 
any vessel, ship or other 
type of boat used for, 
equipped to be used for, or intended to be 
used for 
commercial fishing or 
fishing related activities.  
   
Operator  "operator " includes any 
person or enterprise 
involved in the operation, 
management or ownership 
of a vessel.  [FN4 text]  For the purpose 
of this Article, an operator  
includes any person 
involved in the operation, 
management or ownership 
of a fishing vessel.  
  [Definitions]   
"Operator " includes any 
person or enterprise 
involved in the operation, 
management or ownership 
of a vessel involved in 
fishing . 
  [FN5 text]: For the purpose 
of this Agreement, the term "operator
" includes any 
person or enterprise 
involved in the operation, 
management or ownership 
of a vessel.  
  
Overfished/ 
overfished stocks  "overfished " is where a fish 
stock is at such a low level 
that mortality from fishing 
needs to be restricted to 
allow the stock to rebuild to 
a level that produces 
maximum sustainable yield 
or alternative reference 
points based on the best 
scientific evidence 
availab le. Fish stocks that 
are recognized as 
overfished by the national 
jurisdiction where the 
fishing is taking place or by 
a relevant Regional 
Fisheries Management 
Organisation shall also be 
considered overfished.  [FN3bis text]  As recognised 
as overfished  by t he 
national authorities of the 
Party or by the relevant 
Regional Fisheries 
Management Organization 
or Arrangement. In the 
absence of sufficient data 
to make such a 
determination, the stock 
shall be presumed to be 
overfished.  
  [Definitions]  
"Overfished stocks" are fish 
stocks that are recognized 
as overfished either by the 
national jurisdiction where 
the fishing is taking place 
or by a relevant Regional 
Fisheries Management  
Organisation . 
  [FN4-text] For the purpose 
of this Agreement, fish 
stocks that in an overfished  
condition are those 
recognized as such by the 
national jurisdiction where 
the fishing is taking place 
or by a relevant Regional 
Fisheries Management 
Organization, based on 
best scientific  evidence 
available to them.   TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Definitions  
(Cont'd)  
 
Subsistence/ 
artisanal/ small -scale 
fishing   [FN5 text]   The term 
"subsistence fishing" refers 
to fishing activities 
undertaken by an individual 
household for consumption 
by the members of that 
household and kin of the 
fishers as opposed to 
fishing activities 
undertaken for commercial 
purposes. Nevertheless, 
part of the fish caught can 
be so ld or exchanged for 
other goods or services.  [FN5 text]  For the 
purposes of this discipline, 
artisanal fisheries shall be 
defined as those which 
operate within its 
territorial waters and 
mostly close to shore , use 
vessels which utilize 
primarily manual gear,  and 
operated by individual 
fishermen or family 
members for the purpose 
of subsistence or local 
trade.  
 
[FN6 text] For the purposes 
of this discipline , small-
scale fisheries activities 
shall be defined as  fishing 
activities which using 
vessels that are below 24 
meters in length.  The size 
limitation  refers  to 
Harmonized definition in 
Conservation Management 
Measures (CMM) IOTC, 
concerning authorized 
fishing vessel, April 2016.  
 [FN1 text]  Semi-industrial, 
small -scale commercial, 
artisanal, or subsiste nce 
fishing  are defined 
according national laws 
and/or international 
agreements to which the 
Members are party.  
 [FN7 text]: Small -scale 
artisanal fishers should be 
interpreted and applied in 
accordance with national 
legal systems of the 
Member concerned, taking 
into account the "Voluntary 
Guidelines for Securing 
Sustainable Small -Scale 
Fisheries in the Context of 
Food Security and Poverty 
Eradication " of the FAO 
(the SSF Guidelines) . 
 [FN8 text]: For the purpose 
of this Agreement 
"artisanal and small scale 
fisheries " shall be defined 
in accordance with national 
laws and regulations and 
the international 
agreements entered into by 
the coastal State, taking 
into account the "Voluntary 
Guidelines for Securing 
Sustainable Small -Scale 
Fisheries in the Context of 
Food Security and Poverty 
Eradication" of the FAO 
(The SSF Guidelines).  
  
Large -scale industrial 
fishing     [Definitions]  
"Large -scale industrial 
fishing " means fishing that 
is not semi- industrial, 
small -scale commercial, 
artisanal, or subsistence 
fishing .[FN1]  
 
[FN1 text] Semi-industrial, 
small -scale commercial, 
artisanal, or subsistence 
fishing  are defined 
according national laws 
and/or international 
agreements to which the 
Members are party.  
    
Capture fisheries    [FN1 text] For the 
purposes of this discipline, 
capture fisheries  shall be  
defined as all kinds of 
harvesting of naturally 
occurring living resources 
in both marine and fresh 
water environment (FAO, 
Glossary, 2013).  
     TN/RL/W /273 
 
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Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Definitions  
(Cont'd)  
 
Inland fisheries       [FN1-text]: For the purpose 
of this Agreement, the term 
"inland fisheries " refers to 
fisheries carried out in 
freshwater or estuaries of a 
Member and whose target 
species are those that 
spend all of their life -cycle 
therein.   
Aquaculture       [FN2-text]: For the purpose 
of this Agreement, the term "aquaculture
" refers to the 
farming of aquatic 
organisms, including fish, 
mollusks  and crustaceans, 
provided that no capture 
fisheries are used to feed 
raised fish.  
  
Exclusive Economic 
Zone (EEZ)     [Definitions]  
"Exclusive economic zone " 
is defined by principles 
found in Part V of the 
United Nations Convention 
on the Law of the Sea. 
Where any Member is not 
party to UNCLOS, similar 
principles on the exclusive 
economic zone adopted in 
domestic legislation may 
apply.   [FN9-text]: For the purpose 
of this Agreements 
"exclusive economic zone 
(EEZ) " shall be defined 
according to principles 
found in Part V of the 
United Nations Convention 
on the Law of the Sea. 
Where any Member is not 
party to UNCLOS, similar 
principles on the exclusive 
economi c zone adopted in 
domestic legislation may 
apply.  
  
Definition of 
subsidies   
 
 
1. [partial]  subsidies within 
the meaning of Article  1.1 
of the SCM Agreement that 
are specific within the 
meaning of  Article 2 of the 
SCM Agreement:   
 
 
[FN1 text -partial]: This 
Agreement applies to 
subsidies within the 
meaning of Article 1.1 of 
the SCM Agreement that 
are specific in accordance 
with the provisions of 
Article 2 of that Agreement.  
[…] 
FN1 text –partial] : […] This 
Agreement does not apply 
to […] fuel de- taxation  
schemes […] Article 1  
Definition and Coverage  
 
 
1.1 The Discipline provides 
specific provisions 
regarding fisheries 
subsidies and it is an 
integral part of the 
Agreement on Subsidies 
and Countervailing 
Measures (ASCM).  
 
1.2 A subsidy, as used in 
this Discipline, is a subsidy 
within the meaning of 
Paragraph 1 of Article  1 of 
the ASCM.  A subsidy 
subject to this proposal 
must be sp ecific, pursuant 
to Article  2 of the ASCM.  
 Article 1  
Scope  
  
1.1 Subsidies to vessels, 
operators, fishing or fishing 
activities shall be defined 
according to paragraph 1 of 
Article 1 of the WTO 
Agreement on Subsidies 
and Countervailing 
Measures (SCM) and to the 
extent they are specific 
within the meaning of 
Article 2 of  the SCM 
Agreement .[FN2]  
  
 
  
 
 
 
2.1 [partial] subsidies 
within the meaning of 
Article 1.1 of the 
Agreement on Subsidies 
and Countervailing 
Measures (SCM) that are 
specific within the meaning 
of Article 2 of the SCM 
Agreement:  Article 1  
Scope  
 
1.1 This agreement applies 
to subsidies defined within 
the meaning of Article 1.1 
of the Agreement on 
Subsidies and 
Countervailing Measures, 
which are specific in 
accordance with the 
provisions of Article 2 of 
that Agreement, and 
provided to the fisheries 
sector.  
  
  
 
 
 
 
 
 
 TN/RL/W /273 
 
- 12 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Scope  
 
Activity (capture, 
aquaculture, inland 
fisheries, etc.)  [FN1 text –partial] : […] This 
Agreement does not apply 
to subsidies for aquaculture  
[…]. 1.3 The Discipline on 
fisheries subsidies only 
apply to capture 
fisheries .[FN1-Definition ] 
 
[FN1 text]: For the 
purposes of this discipline, 
capture fisheries  shall be  
defined as all kinds of 
harvesting of naturally 
occurring living resources in 
both marine and fresh 
water environment (FAO, 
Glossary, 2013).  1.3 Moreover, the scope 
of this Agreement shall not 
apply to  
 
a) Inland fisheries ;  
b) Aquaculture ; and  
c) Recreational fishing . 
[Definitions] : "Fishing or 
fishing activity"  […]shall be 
confined to wild marine 
capture  
 
  
 1.3 This Agreement does 
not apply to inland fisheries  
[FN1-Definition ] or to 
aquaculture . [FN2-
Definition ] 
 
[FN1 text]:  For the purpose 
of this Agreement, the term "inland fisheries
" refers to 
fisheries carried out in 
freshwater or estuaries of a 
Member and whose target 
species are those that 
spend all of their life-cycle 
therein.  
 
[FN2 text]:  For the purpose 
of this Agreement, the term 
"aquaculture " refers to the 
farming of aquatic organisms, including fish, 
mollusks and crustaceans, 
provided that no capture fisheries are used to feed 
raised fish.   
Natural disaster   [FN1 text –partial] : […] This 
Agreement does not apply 
to subsidies […]  
compensating for damage 
caused by natural 
disaster s.  [FN2 text -partial]:  
Excluded subsidies are 
those for disaster relief  […] 
 1.3 Except for disciplines 
for IUU  fishing, subsidies 
referred to in this 
instrument shall not be 
prohibited when limited to 
the relief of a particular  
natural disaster , provided 
that the subsidies are 
directly related to the 
effects of that disaster, are 
limited to the affected 
geographic  area, are time -
limited, and in the case of 
reconstruction subsidies, 
only restore the affected 
area, the affected fishery, 
and/or the affected fleet to 
its pre -disaster state, up to 
a sustainable level of 
fishing capacity as 
established through a 
science -based assessment 
of the post- disaster status 
of the fishery.    TN/RL/W /273 
 
- 13 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Scope  
(Cont'd)  
 
Safety, environment, 
compliance with 
management, R&D, 
resilience    [FN2 text -partial] : The 
prohibition [in Article 2.1.a - 
See Capacity ] does not 
cover the installation of 
equipment for safety  or for 
control and enforcement  
purposes. Neither does the 
prohibition cover 
equipment fitted for the 
purpose of reducing 
environmentally harmful 
emissions.  [FN2 text -partial] : 
Excluded subsidies are 
those for […] safety , 
research and development , 
and sustainability of stocks , 
the acquisition and 
installation of equipment 
for vessel and crew safety , 
the adoption of techniques 
or technology aimed at 
reducing the environmental 
impact  of wild marine 
captur e (such as by catch 
reduction or turtle excluder devices) or for improving 
compliance with fisheries 
management  regimes 
aimed at sustainable use 
and conservation (such as 
devices for vessel 
monitoring systems); and 
for increasing resilience or 
reducing vul nerability to 
climate change . 
  [FN7 text -partial] : The 
prohibition [ in Article 2.1(e) 
- See Capacity ] does not 
cover the installation of 
equipment for vessel and 
crew safety , the adoption 
of techniques aimed at 
reducing the environmental 
impact  of wild marine 
capture or compliance with 
fisheries management  
regimes aimed at 
sustainable use and 
conservation such as 
devices for vessel 
monitoring systems.   
Multispecies catch     2.2 Notwithstanding the 
provisions of 2.1, due regard should be given to 
jurisdictions with multi-
species catch.     
Small -scale artisanal 
fishers      2.1.4 Small -Scale artisanal 
fishers  
Except for disciplines for 
IUU fishing, in waters 
under national jurisdiction 
of a Member, disciplines 
shall not be construed or 
applied in a manner that 
prevents small -scale 
artisanal fishers [FN7-
Definition ] to access marine 
resources and markets.  
[FN7 text]: Small -scale 
artisanal fishers  should be 
interpreted and applied in 
accordance with national 
legal systems of the 
Member concerned, taking 
into account the "Voluntary 
Guidelines for Securing 
Sustainable Small -Scale 
Fisheries in the Context of 
Food Security and Poverty 
Eradicatio n" of the FAO 
(the SSF Guidelines) .   TN/RL/W /273 
 
- 14 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Attribution  of 
subsidies  Article 3  
 
3.1  A subsidy shall be 
attributable to the Member 
conferring it, regardless of 
the flag of the vessel 
involved or the application 
of rules of origin to the fish 
involved.   
 
[FN1 text–partial]:  […] A 
subsidy shall be 
attributable to the Party 
granting it, regardless of 
the flag of the fishing 
vessel benefitting from the 
subsidy. […]    
1.2 Fisheries subsidies 
shall only be attributable to 
Members granting the 
subsidies regardless of  the 
flag(s) of the vessels(s) 
involved or the application 
of rules of origin of the fish involved.  
  
1.4 For the purposes of this 
instrument, a subsidy shall 
be attributable to the 
Member granting it, 
regardless of the flag of the vessel involved.
  1.2 A 
subsidy shall be 
attributable to the Member granting it regardless of the 
flag(s) of the vessels(s) 
benefitting from the 
subsidy or the application 
of rules of origin of the fish 
involved.   
Other legal 
implications  
    1.4 Nothing in this 
Agreement shall affect the 
claims of Members 
concerning disputed 
waters.  1.1 This instrument shall 
have no legal implications 
regarding, territoriality or 
delimitation of maritime 
jurisdictions.  1.4 This Agreement shall 
have no legal implications 
regarding territoriality or 
delimitation of maritime 
jurisdiction and shall not 
apply to matters 
concerning disputed waters 
or zones.   
    1.2 Any list of IUU fishing 
vessels, fish-stock 
assessment report or any 
technical report issued by a 
regional fisheries 
management organization 
shall only have effects for 
the purposes of the present 
instrument and its clauses 
and shall have no legal 
implications over territorial 
disputes or delimitation of 
maritime jurisdictions, or 
be interpreted as a change 
in the position of the 
parties involved in such 
disputes with regard to 
sovereignty or maritime 
jurisdiction, and cannot be 
invoked as recognition of 
such organizations on 
disputed areas.  
   
    1.5 Except as otherwise 
provided in this instrument, 
a Member does not thereby 
become bound by 
measures or decisions of, 
or recognize, any regional 
fisheries management 
organization of which it is 
not a Party to.    TN/RL/W /273 
 
- 15 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
PROHIBITIONS  
Chapeau  Article 1  
 
1.  [partial] No Member 
shall grant or maintain any 
of the following subsidies  Article  1 
 
1.1. The Parties shall not 
grant or maintain any of 
the following subsidies  
[FN1] :  Article 2  
Prohibition  
 
2.1 Members shall not 
grant the following types of 
subsidies:  
 Article 2  
Prohibited Subsidies  
 
2.1 For purposes of this 
Agreement, the following subsidies shall be 
prohibited:  2 Disciplines  
 
2.1 [partial]  No Member 
shall grant or maintain any 
of the following subsidies  Article 2  
Prohibited Subsidies  
 
2.1 Members shall not 
grant or maintain any of 
the following subsidies  
 Article -Vessels Engaged in 
IUU-Fishing  
[partial] No Member shall 
grant or maintain subsidies of any kind  
 
Definition of 
subsidies   
 
1. [partial]  within the 
meaning of Article  1.1 of 
the SCM Agreement that 
are specific within the 
meaning of Article 2 of the 
SCM Agreement:   
 
 
[FN1 text -partial]: This 
Agreement applies to 
subsidies within the 
meaning of Article 1.1 of 
the SCM Agreement that 
are specific in accordance 
with the provisions of 
Article 2 of that Agreement.  
[…] 
FN1 text –partial] : […] This 
Agreeme nt does not apply 
to […] fuel de- taxation  
schemes […] Article 1  
Definition and Coverage  
 
 
1.1 The Discipline provides 
specific provisions 
regarding fisheries 
subsidies and it is an 
integral part of the 
Agreement on Subsidies 
and Countervailing 
Measures (ASCM).  
 
1.2 A subsidy, as used in 
this Discipline, is a subsidy 
within the meaning of 
Paragraph 1 of Article  1 of 
the ASCM.  A subsidy 
subject to this proposal 
must be sp ecific, pursuant 
to Article  2 of the ASCM.  
 Article 1  
Scope  
  
1.1 Subsidies to vessels, 
operators, fishing or fishing 
activities shall be defined 
according to paragraph 1 of 
Article 1 of the WTO 
Agreement on Subsidies 
and Countervailing 
Measures (SCM) and to the 
extent they are specific 
within the meaning of 
Article 2 of  the SCM 
Agreement .[FN2]  
  
 
  
 
 
 
2.1 [partial] within the 
meaning of Article 1.1 of 
the Agreement on 
Subsidies and 
Countervailing Measures 
(SCM) that are specific 
within the meaning of 
Article 2 of the SCM 
Agreement:  Article 1  
Scope  
1.1 This agreement applies 
to subsidies defined within 
the meaning of Article 1.1 
of the Agreement on 
Subsidies and 
Countervailing Measures, 
which are specific in 
accordance with the 
provisions of Article 2 of 
that Agreement, and 
provided to the fisheries 
sector.  
  
 
IUU 
 
Subject of prohibition   
 
  
1.1 Subsidies in connection 
with illegal, unreported and 
unregulated (IUU) fishing, 
including:  
 
1.1.1 [partial]  any subsidy 
to an operator or vessel  
 
  
 
Article 2  
 
2.1. [partial] A Party shall 
not grant or maintain  any 
subsidy benefitting an 
operator [FN4–definition]   
 
  
  
 
 
 
2.2 [partial] Members shall 
not grant  or maintain  
subsidies, in law or in fact, 
whether solely or as one of 
several other conditions, 
relating to illegal, 
unreported, and 
unregulated fishing [FN4],  
  
 
 
2.1.b. Subsidies provided  
to vessels or operators 
engaged in illegal, 
unreported and 
unregulated (IUU) fishing  
[FN3-Definition ];  
 
   
 2.1.1 Related to IUU fishing  
 
[partial] Subsidies grant ed 
to any fishing vessel or 
operator  [FN1] of a fishing 
vessel engaged on IUU 
fishing activities.  
 
[FN1 text]: If an operator 
has more than one fishing 
vessel, this provision will 
only be applicable to that 
fishing vessel engaged in 
IUU activities.  
  
   
 
2.1(b) Subsidies provided 
to any vessel or operator  
[FN5-Definition ] engaged in 
illegal, unreported and 
unregulated (IUU) fishing.  
[FN6-Definition ] Such 
vessels or operators shall 
be defined as those:  
 
  
Article – Vessels Engaged 
in IUU -Fishing  
 
No Member shall grant or 
maintain subsidies of any 
kind to vessels, owners or 
operators engaged in 
illegal, unreported and 
unregulated fishing.  
 TN/RL/W /273 
 
- 16 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
IUU 
 
Subject of prohibition  
(Cont'd)  
 [From "Definitions"]  
 
"illegal, unreported and 
unregulated fishing (IUU) " 
is to be understood to have 
the same meaning as 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
UN Food and Agricultural 
Organisation (FAO).  
  
 
[FN4bis text] The term IUU 
fishing  stands for " illegal, 
unreported, and 
unregulated fishing " as 
defined in paragraph 3 of 
the International Plan of 
Action to Prevent, Deter 
and Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
United Nations Food and 
Agricultural Organization 
(FAO).  
  
 
[FN4 text]: The term 
"illegal,  unreport ed, and 
unregulat ed fishing " shall 
be interpreted in 
accordance with the 
definition set out in 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
United Nations Food and 
Agricultural Organization  
(FAO).  
  
 
[FN3 Text] : Defined in 
accordance with Annex I of 
this Agreement and as 
implemented under 
national laws and 
regulations. National and 
RFMO IUU lists, established 
in accordance with due 
process mec hanisms, may 
be taken into account.  [From "Definitions"]  
 
a. "Illegal, unreported and 
unregulated fishing " is to 
be understood to have the 
same meaning as 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing (2001 
IUU Fishing Plan of Action) 
of the UN Food and 
Agricultural Organization 
(FAO), adopted in Rome, 
2001.   
 
[FN6 text]: For the purpose 
of this Agreement the term 
"illegal, unreported and 
unregulated fishing (IUU) " 
is to be understood to have 
the same meaning as 
paragraph 3 of the 
International Plan of Action 
to Prevent, Deter and 
Eliminate Illegal, 
Unreported and 
Unregulated Fishing of the 
UN Food and Agricultural 
Organization (FAO).   
 "operator " includes any 
person or enterprise 
involved in the operation, 
management or ownership 
of a vessel.  
  [FN4 text]  For the purpose 
of this Article, an operator  
includes any person 
involved in the operation, 
management or ownership 
of a fishing vessel.  
    [FN5 text]: For the purpose 
of this Agreement, the term 
"operator " includes any 
person or enterprise 
involved in the operation, 
management or ownership 
of a vessel.  
  
 "fishing " means searching 
for, attracting, locating, catching, taking or 
harvesting fish or any 
activity which can 
reasonably be expected to 
result in the attracting, 
locating, catching , taking or 
harvesting of fish.  
       
Basis/bases for IUU 
determination  
 
 
 
 
 
 
 
 
 
 
 
 1.1.1  [partial]  identified in 
an IUU  fishing list of the 
flag State, the subsidizing 
Member, a Regional 
Fisheries Management 
Organization or 
Arrangement, or a relevant 
international organization;  
 
1.1.2 any subsidy to fishing 
for fish stocks managed by 
a Regional Fisheries 
Management Organiz ation 
or Arrangement where the 
subsidizing Member or 
vessel flag State is not a 
Member of the organization 
or arrangement.  
 2.1 [partial]  if its fishing 
vessel or, in case it 
operates more than one 
fishing vessel, any of its 
fishing vessels is included 
in the IUU fishing  [FN4bis–
definition]  vessel list of that 
Party or of a Regional 
Fisheries Management 
Organization or 
Arrangement  (RFMO /A). 
   [FN3 text]: Defined in 
accordance with Annex I of 
this Agreement and as 
implemented under 
national laws and 
regulations. National and 
RFMO IUU lists, established 
in accordance with due 
process mechanisms, may 
be taken into account.  2.1.1 [partial]  Such fishing 
vessels or operators shall 
be determined by  each 
Member in accordance with its domestic legislation. The 
determination made by a 
Member shall include:  
 a. Fishing vessels flying the 
flag of that Member; or  
b. Fishing vessels flying the 
flag of a third Member when  
those fishing vessels have 
been found to engage in IUU 
fishing activities within 
waters under national 
jurisdiction of the Member 
making the determination. 
In this case, a subsidizing 
Member shall, upon request 
by a Member or on its own i. Included in an IUU list of 
a Regional Fisheries 
Mana gement Organisation 
or Arrangement or a 
relevant international 
organisation in accord ance 
with the rules and 
procedures of that 
organisation and in 
conformity with principles 
of due process  
 
ii. Identi fied by the flag 
State, the subsidising 
Member, or the coastal 
State in accordance with 
national regulations, laws 
and practices; 
 To this end, before a 
Member grants a subsidy, it 
shall ensure that the fishing 
vessel  [FN1] neither 
appears on an IUU -vessel  
list of a Regional Fisheries 
Management Organization 
nor that the fishing vessel 
has operated in waters 
under the jurisdiction of 
any Member without the 
permission of that M ember 
during the preceding 
five years.  
 
[FN1 text]: For the purpose 
of this propos al, this 
includes the owners or 
operators controlling the 
operation of the fishing 
vessel.  TN/RL/W /273 
 
- 17 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
 
IUU  
 
Basis/bases for IUU 
determination  
(Cont'd)  
 
 initiative, recogn ize this 
determination provided that 
such a Member promptly 
verifies, in accordance with 
its domestic law, that the 
standards of due process, 
including a procedure for 
appeal or review, 
transparency, and the 
principle of non -
discrimination were 
respected.  
    Moreover, Members shall, 
upon request by a Member 
or on its own initiative, 
recognize:  
a. Lists of fishing vessels of 
a Regional Fisheries 
Management Organization 
(RFMO) to which the 
subsidizing Member is a 
party in accordance with the 
rules and procedures of that 
organization and with the 
relevant rules of 
international law applicable 
to the subsidizing Member; 
or 
b. lists of fishing vessels 
issued by a RFMO to which 
the Member is not a party 
provided that such a 
Member promptly verifies, in 
accordance with its domestic 
law, that:  
i. The vessel concerned has 
been listed according to the 
rules and procedures of that 
RFMO; and the standards of 
due process, including a 
procedure for appeal or 
review, transparency and 
the principle of non -
discrimination were 
respected;  
ii. The RFMO, and its 
measures, are in conformity 
with the relevant rules of 
international law applicable 
to the subsidizing Member, 
and the FAO International 
Plan of Action to Prevent, 
Deter and Eliminate Illegal, 
Unreported and Unregulated 
Fishing  [FN2]; and    TN/RL/W /273 
 
- 18 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
IUU  
 
Basis/bases for IUU 
determination  
(Cont'd)  
     iii. The RFMO is open to all 
WTO Members in a non -
discriminatory manner.  
[FN2 text]: As well as any 
modifications to, or 
replacements of, this 
instrument.    
 
Flags of convenience    2.2 [partial]  as well as to 
any fishing vessels flying 
"flags of convenience" .      
Transshipment  
 
Prohibition 
   [FN3 text]  For the 
purposes of this discipline, 
fishing related activities  
defined as  means any 
operation in support of, or 
in preparation for, fishing, 
including the landing, 
packaging, processing, 
transshipping or 
transporting of fish that 
have not been previously  
landed at a port, as well as 
the provisioning of 
personnel, fuel, gear and 
other supplies at sea.    2.1(c) Subsidies to vessels 
or operators engaged in 
illegal fish transhipment at 
sea;  
Beyond 
national 
jurisdiction  
Prohibition  
 
1.3  Subsidies in connection 
with fishing and fishing 
related activities in areas 
beyond the national 
jurisdiction of the 
subsidizing Member.  
     2.1.d Capacity enhancing 
subsidies supporting large 
scale industrial fishing 
activities outside of the 
subsidizing Member's 
maritime jurisdiction   
Overfish ing/ 
overfish ed 
stocks/ 
unassessed 
stocks  
 
Prohibition   
 
1.1   Subsidies in connection 
with fishing and fishing 
related activities involving 
fish stocks that have not been assessed or have been 
assessed to be in an 
overfished condition.  
[Definitions]  
"fishing related activities " 
means any operation in 
support of, or in preparation 
for, fishing, including the 
landing, packaging, 
processing, transshipping  or 
transporting of fish, as well 
as the provisioning of 
personnel, fuel, gear and 
other supplies.  Article 1bis  
 
1bis.1. In addition to the 
subsidies prohibited under 
Article 1.1, the Parties shall 
not grant or maintain any 
subsidies for fishing outside 
the territorial sea that 
negatively affect targeted 
fish stocks that are in an 
overfished condition  
 
[FN3bis- definition  -partial ] 
In the absence of sufficient 
data to make such a 
determination, the stock 
shall be presumed to be 
overfished.   
 
  
 
2.1.a. Subsidies to fishing 
vessels, fishing or fishing 
activity of targeted fish 
stocks that are in an 
overfished condition;  2.1.2 Related to Overfishing  
a. Subsidies for fishing that 
negatively affect  [FN3] fish 
stocks that are in an 
overfished condition.  [FN4] 
[See Special and 
Differential Treatment and 
Transitional Provisions for 
subparagraph of 2.1.2.a]  
  
 
2.1(a) Subsidies to fishing 
vessels [FN3-Definition ] or 
fishing of fish stocks that 
are in an overfished 
condition [FN4-Definition ]; 
 
[FN3-text] For the purpose 
of this Agreement, the term 
"fishing vessel " refers to 
any vessel, ship or other 
type of boat used for, 
equipped to be used for, or 
intended to be used for 
commercial fishing or 
fishing related activities.  
 
  TN/RL/W /273 
 
- 19 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Overfish ing/ 
overfish ed 
stocks/ 
unassessed 
stocks  
 
Prohibition 
(Cont'd)  
     b. Subsidies given to 
vessels or operators fishing 
in areas beyond national 
jurisdiction, which are not 
aimed  to fulfill a quota or a 
right established by a 
RFMO. [FN5]  
 
[FN5 text] Subsidies 
allowed under this 
provision do not include 
those subsidies granted to 
maintain vessels fishing in 
areas beyond national 
jurisdiction, without 
returning to the jurisdiction 
of the subsidizing Member 
within [x days] counted 
after the day of departure.  
   
   2.1.c Subsidies to fishing 
vessels and fishing or 
fishing activity for 
capital [FN4]  and operating 
costs[FN5 ], within the 
meaning of instruments 
elaborated under SCM 
Agreement Article 1.1, that 
contribute to overfishing 
and overcapacity, provided:  
 
i. to a developing country 
Member's large scale 
industrial fishing and 
fishing activity outside of 
their own EEZ [FN6]; and  
    
   [FN4-text]: May include 
payments for vessel 
construction and 
modernization, purchase of 
machines and equipment 
for fishing vessels 
(including fishing gear and 
engine, fish -processing 
machinery, fish -finding 
technology, refrigerators, 
or machine for sorting or 
cleaning fish), and tax 
exemptions.     
   [FN5-text]: May include 
provision for fuel, ice, bait, personnel, social ch arges, 
insurance, gear, and at -sea 
support; or operating 
losses of such vessels or 
activities.     TN/RL/W /273 
 
- 20 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Overfish ing/ 
overfish ed 
stocks/ 
unassessed 
stocks  
 
Prohibition 
(Cont'd)  
    [FN6-text]: Noting the 
rights, jurisdiction, and 
duties of coastal states 
among others, found under 
UNCLOS Part V.  
 
ii. by developed country 
Members.  
    
Basis for "overfished" 
determination  
 [Definitions]  
"overfished " is where a fish 
stock is at such a low level 
that mortality from fishing 
needs to be restricted to 
allow the stock to rebuild to 
a level that produces 
maximum sustainable yield 
or alternative reference 
points based on the best 
scientific evidence 
availab le. Fish stocks that 
are recognized as 
overfished by the national 
jurisdiction where the 
fishing is taking place or by 
a relevant Regional 
Fisheries Management 
Organisation shall also be 
considered overfished.  
 [FN3bis text]  As recognised 
as overfished by the 
national authorities of the 
Party or by the relevant 
Regional Fisheries 
Management Organisation 
or Arrangement. In the 
absence of sufficient data 
to make such a 
determination, the stock 
shall be presumed to be in 
an overfished condition.  
  [Definitions ] 
"Overfished stocks" are fish 
stocks that are recognized 
as overfished either by the 
national jurisdiction where 
the fishing is taking place 
or by a relevant Regional 
Fisheries Management 
Organisation.  
 [FN4 text] For the purposes 
of this Article, a fish stock 
is overfished if the stock is 
at such a low level that 
mortality from fishing 
needs to be restricted to 
allow the stock to rebuild to 
a level that produces 
maximum sustainable yield 
or alternative reference 
points based on the best 
scientific evidence available 
to the Member within its 
jurisdiction or to the 
relevant RFMO.  In the 
cases of straddling and 
highly migratory fish 
stocks, shared among 
Members, the evaluation 
related to the fish stocks in 
the fishery for which the 
subsidy is provided shall be 
made pursuant cooperation 
of the Members involved.  
 [FN4-text] For the purpose 
of this Agreement, fish 
stocks that in an overfished 
condition are those 
recognized as such by the 
national jurisdiction where 
the fis hing is taking place 
or by a relevant Regional 
Fisheries Management 
Organization, based on 
best scientific evidence 
available to them.   TN/RL/W /273 
 
- 21 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Overfish ing/ 
overfish ed 
stocks/ 
unassessed 
stocks  
(Cont'd)  
 
Effect of subsidy on 
overfished stocks   1bis.2. Annex I sets out an 
illustrative list of subsidies 
that do not negatively 
affect targeted fish stocks 
that are in an overfished 
condition.  
ANNEX I  
ILLUSTRATIVE LIST OF 
SUBSIDIES THAT DO NOT 
NEGATIVELY AFFECT 
TARGETED FISH STOCKS 
THAT ARE IN AN 
OVERFISHED CONDITION  
(a) subsidies that improve 
fishery management 
systems and thus promote 
sustainable fisheries 
including subsidies for 
research and development 
activities;  
(b) subsidies that improve 
hygiene, health, safety and 
working conditions for 
fishers; 
(c)  subsidie s aiming at 
improving the concerned 
Party's capacity to fight 
against IUU fishing;  
(d)  subsidies for 
permanent cessation of 
fishing activities provided 
that the fishers concerned 
effectively cease all fishing 
activities within a 
reasonable timeframe after  
receiving the subsidy 
concerned.    [FN3 text] The negative 
effect of such subsidies 
shall be determined based 
on the best scientific 
evidence available to that 
Member.    
Geographic al aspects  
   
  2.1.(c) (i.) to a developing 
country Member's large 
scale industrial fishing and 
fishing activity outside of 
their own EEZ [FN6];  
[FN6-text]: Noting the 
rights, jurisdiction, and 
duties of coastal states 
among others, found under 
UNCLOS Part V.  [FN5 text] Subsidies 
allowed under this 
provision do not include 
those subsidies granted to 
maintain vessels fishing in 
areas beyond national 
jurisdiction, without 
returning to the jurisdiction 
of the subsidizing Member 
within [x days] counted 
after the day of departure.  
   TN/RL/W /273 
 
- 22 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Overfish ing/ 
overfish ed 
stocks/ 
unassessed 
stocks  
 
Geographic al aspects 
(Cont'd)     4.3 The prohibition under 
2.1(c) (i) shall not apply to 
subsidies provided by a 
developing country 
supporting fishing outside 
of their EEZ, which 
exclusively exploits quotas  
or any other rights, 
established by a regional 
fisheries management 
organization (RFMO) or a 
regional fisheries 
management arrangement.  2.1.2.b.  Subsidies given to 
vessels or operators fishing 
in areas beyond national 
jurisdiction, which are not 
aimed  to fulfill a quota or a 
right established by a 
RFMO.  
   
  [Article 1bis.1 -partial]  […] 
the Parties shall not grant 
or maintain any subsidies 
for fishing outside the 
territorial sea  that 
negatively affect targeted 
fish stocks that are in an 
overfished condition.[…]       
Over -capacity/ 
Capacity 
enhancing  
 
Prohibition 
 
   
 
1.1.(a) subsidies that 
increase the marine 
fishing [FN2-definition]  
capacity of a fishing 
vessel [FN3-definition]  or 
support the acquisition of 
equipment that increases 
the ability of a fishing 
vessel to find fish;  
[FN2-text] For the purpose 
of this Agreement, the term "fishing" 
means searching 
for, attracting, locating, 
catching, taking and 
processing fish on board, 
transhipping or transferring 
or landing fish or any 
activity which can 
reasonably be expecte d to 
result in these activities.  
[FN3-text]  For the purpose 
of this Agre ement, the term 
"fishing vessel" refers to 
any vessel, ship or other 
type of boat used for, 
equipped to be used for, or 
intended to be used for 
commercial fishing or 
fishing related activities.   
 
2.1.a subsidies granted or 
maintained, in law or in 
fact, wh ether solely or as 
one of several other 
conditions, for the purpose 
of, construction, 
modernization, renovation, 
repair or upgrading of 
existing fishing vessels, 
including engine or gear 
acquisition, any technical 
or electronic equipment 
[FN2] on-board the vessel;   
  2.1.3 Related  to 
Overcapacity  [FN6] 
 
a. Subsidies that increase 
or allow to maintain the 
marine fishing capacity of a 
fishing vessel or a fishing 
fleet of vessels or support 
the acquisition of 
equipment that increases 
or maintains the ability of a 
fishing vessel or a fishing 
fleet of vessels to find fish;  
[FN6 text] Disciplines 
related to overcapacity 
shall be restraint to areas 
beyond national jurisdiction 
and shall not cover  subsidy 
programs of Members 
aimed to fulfill a quota or a 
right esta blished by an 
RFMO.  
   
  
2.1(d). 
Capacity enhancing 
subsidies supporting large 
scale industrial fishing 
activities outside of the 
subsidizing Member's 
maritime jurisdiction;  
2.1(e). Subsidies for 
acquisition, construction, 
repair, renewal, renovation, 
modernization of fishing 
vessels, or any equipment 
that increases the ability of 
a fishing vessel to fish and 
to find fish [FN7];   
 
 
  TN/RL/W /273 
 
- 23 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Over -capacity/  
Capacity 
enhancing  
 
Prohibition   
(Cont'd)    [FN2 text] This comprises, 
inter alia , engines, fishing 
gear, fish -processing 
machinery , fish -finding 
technology, refrigerators, 
machines for sorting or 
cleaning fish, or any other 
equipment on -board the 
fishing vessel. The 
prohibition does not cover 
the installation of 
equipment for safety or for control and e nforcement 
purposes. Neither does the 
prohibition cover 
equipment fitted for the 
purpose of reducing 
environmentally harmful 
emissions.    [FN7 text-partial ] This 
comprises, inter alia, 
fishing gear and engine, 
fish-processing machinery, 
fish-finding techno logy, 
refrigerators, or machine 
for sorting or cleaning fish. 
The prohibition does not 
cover the installation of 
equipment for vessel and 
crew safety, the adoption 
of techniques aimed at 
reducing the environmental 
impact of wild marine 
capture or complianc e with 
fisheries management 
regimes aimed at 
sustainable use and 
conservation such as 
devices for vessel 
monitoring systems.   
  1.1.(b) subsidies that 
support the construction  of 
fishing vessels or the 
importation  of fishing 
vessels; and  
 
1.1.(c)  subsidies for 
the transfer  of fishing 
vessels to other countries 
including through the 
creation of joint ventures 
with partners of those 
countries.  
   2.1.3.b. Subsidies that 
support the construction, 
importation or transference  
of fishing vessels or any 
other form of increasing a 
fishing fleet of vessels.  
 
[FN6 text] Disciplines 
related to overcapacity 
shall be restraint to areas 
beyond national jurisdiction 
and shall not cover  subsidy 
programs of Members 
aimed to fulfill a quota or a 
right established by an 
RFMO.  
   
    2.1.c [partial]  Subsidies to 
fishing vessels and fishing 
or fishing activity for 
capital [FN4]  […] costs […], 
within the meaning of 
instruments elaborated 
under SCM Agreement 
Article  1.1, that contribute 
to overfishing and 
overcapacity, provided:  
 
i. to a developing country 
Member's large scale 
industrial fishing and 
fishing activity outside of 
their own EEZ [FN6]; and  
    TN/RL/W /273 
 
- 24 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Over -capacity/  
Capacity 
enhancing  
 
Prohibition   
(Cont'd)  
    [FN4 text]: May include 
payments for vessel 
construction and 
modernization, purchase of 
machines and equipment 
for fishing vessels 
(including fishing gear and 
engine, fish -processing 
machinery, fish -finding 
technology, refrigerators, 
or machine for sorting or 
cleaning fish), and tax exemptions.  
 
[FN6 text]: Noting the 
rights, jurisdiction, and 
duties of coastal states 
among others, found under UNCLOS Part V.  
 ii. by developed country 
Members.
  
    
Subsidies outside the 
scope of this 
prohibition  
   [FN2 text-partial ] The 
prohibition does not cover 
the installation of 
equipment for safety or for con
trol and enforcement 
purposes. Neither does the 
prohibition cover 
equipment fitted for the 
purpose of reducing 
environmentally harmful 
emissions.    [FN7 text-partial ] The 
prohibi tion does not cover 
the installation of 
equipment for vessel and 
crew safety, the adoption 
of techniques aimed at 
reducing the environmental 
impact of wild marine 
capture or compliance with 
fisheries management 
regimes aimed at 
sustainable use and 
conserva tion such as 
devices for vessel 
monitoring systems.  
  
 
 
 
 
 
 
 
 
 
 
     4.3 The prohibition under 
2.1(c) (i ) shall not apply to 
subsidies provided by a 
developing country 
supporting fishing outside 
of their EEZ, which 
exclusively exploits quotas 
or any other rights, 
established by a regional 
fisheries management 
organization (RFMO) or a 
regional fisheries 
manag ement arrangement.  
 
[FN2 text] Excluded 
subsidies are those for 
disaster relief or safety, 
research and development, 
and sustainability of stocks, [FN6 text-partial ] 
Disciplines related to 
overcapacity […] shall not 
cover  subsidy programs of 
Members aimed to fulfill a 
quota or a right established 
by an RFMO . 
   TN/RL/W /273 
 
- 25 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Over -capacity/  
Capacity 
enhancing 
(Cont'd)  
 
Subsidies outside the 
scope of this 
prohibition  
 
 the acquisition and 
installation of equipment 
for vessel and crew safety, 
the adoption of techniques 
or techn ology aimed at 
reducing the environmental 
impact of wild marine 
capture (such as by catch 
reduction or turtle excluder 
devices) or for improving 
compliance with fisheries 
management regimes 
aimed at sustainable use 
and conservation (such as 
devices for ves sel 
monitoring systems); and 
for increasing resilience or 
reducing vulnerability to 
climate change.  
 
Geographical aspects  
    2.1.(c).i. to a developing 
country Member's large 
scale industrial fishing and 
fishing activity outside of 
their own EEZ [FN6];  
[FN6-text]: Noting the 
rights, jurisdiction, and 
duties of coastal states 
among others, found under 
UNCLOS Part V.  
4.3 The prohibition under 
2.1(c) (i) shall not apply to 
subsidies provided by a 
developing country 
supporting fishing outside 
of their EEZ, which 
exclusi vely exploits quotas 
or any other rights, 
established by a regional 
fisheries management 
organization (RFMO) or a 
regional fisheries 
management arrangement.  
 [FN6 text-partial ] 
Disciplines related to 
overcapacity shall be 
restraint to areas beyond 
national jurisdiction  […] 
 2.1(d)  Capacity enhancing 
subsidies supporting large 
scale industrial fishing 
activities outside of the 
subsidizing Member's 
maritime jurisdiction   
Operating 
costs  
 
Prohibition 
 
 
   2.1.b. subsidies granted or 
maintained, in law or in 
fact, whether solely or as 
one of several other 
conditions, for the purpose 
of fixed or variable 
operational costs of fishing 
vessels and fishing related 
activities  [FN3-definition ], 
including on -board 
processi ng; 2.1.c [partial]  Subsidies to 
fishing vessels and fishing 
or fishing activity for […]  
operating costs [FN5], 
within the meaning of 
instruments e laborated 
under SCM Agreement 
Article  1.1, that contribute 
to overfishing and 
overcapacity, provided:  
[FN5 text]: May include 
provision for fuel, ice, bait,  2.1(f) Subsidies for 
operating costs including 
licence fees or similar 
charges, fuel, ice, bait, 
personnel, social charges, 
insurance, and at -sea 
support; or operating 
losses of such vessels or 
activities.   TN/RL/W /273 
 
- 26 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Operating 
costs  
 
Prohibition 
(Cont'd)  [FN3 text]  For the purposes 
of this discipline, fishing 
related activities  defined as  
means any operation in 
support of, or in 
preparation for, fishing, 
including the landing, 
packaging, processing, 
transshipping or 
transporting of fish that 
have not been previously 
landed at a port, as well as 
the provisioning of 
personnel, fuel, gear and 
other supplies at sea.  personnel, social charges, 
insurance, gear, and at -sea 
support; or operating 
losses of such vessels or 
activities.  
i. to a developing country 
Member's large scale 
industrial fishing and 
fishing activity outside of 
their own EEZ [FN6]; and  
 
[FN6 text]: Noting the 
rights, jurisdiction, and 
duties of coastal states 
among others, found under 
UNCLOS Part V.  
ii. by developed country 
Members.  
Additional 
prohibitions to 
be negotiated  
 
Placeholder  [1.4  Placeholder: 
additional prohibitions 
beyond Article 1.1- 1.3 shall 
be subject to further 
discussion amongst the 
WTO membership in the 
RNG for delivery at MC11. 
Appropriate S&DT for 
developing and least -
develo ped Members that 
does not undermine the 
effectiveness of the 
disciplines would be an 
integral part of these 
negotiations.]  
       
STANDSTILL  
Standstill  Article 2  
 
2.1  In relation to subsidies 
that are not prohibited by 
Article 1, no Member shall 
introduce new, or extend or 
enhance existing, subsidies 
within the meaning of 
Article  1.1 of the SCM 
Agreement, to the extent 
they are specific within the 
meaning of Article 2 of the 
SCM Agreement, that 
contribute to overfishing or 
overcapacity.  
       TN/RL/W /273 
 
- 27 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
SPECIAL AND DIFFERENTIAL TREATMENT &  
TECHNICAL ASSISTANCE AND CAPACITY BUILDING  
Special and 
differential 
treatment  
 
Flexibilities     Article 4  
Special and Differential 
Treatment  
  
4.1 Prohibitions other 
than those outlined in 
Article 2.1(a) and 2.1(b)  
above shall not apply to 
LDCs.   Article 3  
Special and Differential 
Treatment  
  
3.1 The prohibition of 
Article 2.1 (d), (e) and (f) 
shall not apply to least 
developed countries (LDC) 
Members.   
   
 
Article 4  
 
4.1. Article 1 does not 
apply to subsidies granted 
or maintained by 
developing and least 
developed countries for 
fishing vessels which are 
used for subsistence fishing  
[FN5-definition] . 
 
[FN5 text]   The term 
"subsistence fishing" refers 
to fishing activities 
undertaken by an individual 
household for consumption 
by the members of that 
household and kin of the 
fishers as opposed to 
fishing activities 
undertaken for commercial 
purposes. Nevertheless, 
part of the fish caught can 
be so ld or exchanged for 
other goods or services.  
 Article 3  
Special and Differential 
Treatment  
 
3.1 Notwithstanding the 
provisions of the ASCM  
and Article 2.1 of this 
proposal , a developing 
country member shall be 
allowed to grant or 
maintain fisheries 
subsidi es to its artisanal 
fisheries  activities  [FN5-
definition ].  
[FN5 text] For the 
purposes of this discipline, artisanal fisheries 
shall be 
defined as those which 
operate within its 
territorial waters and 
mostly close to shore , use 
vessels which utilize 
primarily manual gear,  and 
operated by individual 
fishermen or family 
members for the purpose 
of subsistence or local 
trade.  
3.2 Notwithstanding the 
provisions of the ASCM  
and Article 2.1 of this 
proposal , a developing 
country member shall be 
allowed to gr ant or 
maintain fisheries 
subsidies to its small -scale 
fisheries activities  [FN6-
definition] , which are not 
covered in Article 3.1.   
  
 
4.2 With respect to 
Article 2.1.b, in order to 
establish measures against 
unreported and 
unregulated fishing, after 
the period stipulated in 
Article 3.1 and 3.2, 
developing countries not 
engaged in large scale 
industrial distant water 
fishing are entitled to a pply 
[x] additional years and 
LDCs [x] additional years of 
transition period, except for 
illegal fishing.  
   
 
 
3.3 With respect to 
Article  2.1.b, in order to 
establish measures against 
unreported and 
unregulated fishing, after 
the period stipulated in Article 6.2 below, 
developing countries not engaged in large scale 
industrial distant water 
fishing are entitled to apply 
[x] additional year and 
LDCs [x] additional years 
transition period to enable 
them to establish reporting 
mechanism and regulations 
throug h implementing 
Article 3.4.  
 
3.2 Nothing in Article 2.1 
(d), (e) and (f) shall 
prevent a developing 
country Member from 
maintaining or granting 
subsidies to the following 
activities conducted in 
accordance with the 
principle of protection and 
preservation of fisheries 
resources defined under 
Article 61 and 62 of the 
United Nations Conference 
on the Law of the Sea 
Treaty (UNCLOS):  
  TN/RL/W /273 
 
- 28 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Special and 
differential 
treatment  
 
Flexibilities   
(Cont'd)  
 
   [FN6 text] For the  
purposes of this discipline , 
small -scale fisheries  
activities shall be defined 
as fishing activities which 
using vessels that are 
below 24 meters in length.  
The size limitation  refers  to 
Harmonized definition in 
Conservation Management 
Measures (CMM) IOTC, 
concerning authorized 
fishing vessel, Ap ril 2016.    (a) Fishing activities related 
exclusively to artisanal and 
small scale fisheries [FN8-
Definition ] or the 
subsistence and livelihood 
of the fishermen and their 
families;  
 
[FN8-text]: For the purpose 
of this Agreement 
"artisanal and small scale  
fisheries " shall be defined 
in accordance with national 
laws and regulations and 
the international 
agreements entered into by 
the coastal State, taking 
into account the "Voluntary 
Guidelines for Securing 
Sustainable Small -Scale 
Fisheries in the Context of  
Food Security and Poverty 
Eradication" of the FAO 
(The SSF Guidelines).   
   3.3 Notwithstanding the 
provisions of the ASCM 
and Article 2 .1 of this 
proposal, a developing 
country member shall be 
allowed to grant or 
maintain fisheries 
subsidies  to other fisheries 
activities which are not 
covered in Article 3.1 and 
Article 3.2,  provided that 
the purpose is to exploit:  
 
a. underexploited 
resources  in the member's 
own Economic Exclusive 
Zone; or  
b. rights held by the 
member in high seas 
fishing quotas or any other 
rights established by a 
RFMO or a regional 
fisheries management 
arrangement  4.3 The prohibition under 
2.1(c) (i) shall not apply to 
subsidies provided by a 
developing country 
supporting fis hing outside 
of their EEZ, which 
exclusively exploits quotas 
or any other rights, 
established by a regional 
fisheries management 
organization (RFMO) or a 
regional fisheries 
management arrangement.  
  (b) Fishing activities, which 
exclusively exploit fish 
stocks within the economic 
exclusive zone (EEZ)  [FN9-
Definition ] of the Member 
granting the subsidy; and  
[FN9-text]: For the purpose 
of this Agreements 
"exclusive economic zone 
(EEZ)" shall be defined 
according to principles found 
in Part V of the United 
Nations Convention on the 
Law of the Sea. Where any 
Member is not party to 
UNCLOS, similar principles 
on the exclusive economic 
zone adopted in domestic 
legislation may apply.  
(c) Fishing activities, which 
exclusively expl oit quotas or 
any other rights, established 
by a regional fisheries 
management organization 
(RFMO) or a regional 
fisheries management 
arrangement.   
    4.4 Developed countries, 
and developing countries in 
a position to do so shall 
provide, and relevant 
agencies are invited to 
provide, targeted technical     TN/RL/W /273 
 
- 29 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Special and 
differential 
treatment  
 
Flexibilities  
(Cont'd)     assistance and capacity 
building to developing 
countries, in particular LDCs 
and small, vulnerable 
economies (SVEs) to:  
a) address institutional and financial difficulties faced by LDCs and developing 
countries with constraints to 
implement this Agreement;  
b) establish  reporting 
mechanisms and regulations 
to prevent unreported and 
unregulated fishing;  
c) conduct  stock 
assessments 
d) conduct monitoring, 
control and surveillance of 
fish stocks; and  
e) research and 
development     
     [2.1.2.a Subsidies for 
fishing that negatively 
affect fish stocks that are in 
an overfished condition.]   
 
In order to bring any 
subsidy programs into 
conformity with the 
obligations provided in this 
provision, developing and 
least-developed country 
Members, that at [the time 
of entry into 
force/adoption] of this 
instrument, have not 
completed; or, need to 
update the information 
related to the status of the fish stocks in the fishery for 
which the subsidy is 
provided, shall be granted 
with a period of time of [X] 
and [Y] years, respectively, 
after entry into force, 
subject to comply with the 
transparency section 
provided below in 
paragraph 3.4. 
  
3.2 Members shall make 
this notification [ under  
3.1], for the first time, 
within one year after [the  6.2 Developing countries 
are entitled to a delay of 
[x] years, and LDCs are 
entitled to a delay of [x] 
years after entry  into force 
of this Agreement.   TN/RL/W /273 
 
- 30 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Special and 
differential 
treatment  
 
Flexibilities  
(Cont'd)      entry into force/adoption] 
of this instrument. In the 
case of developing and 
least-developed country 
Members the information 
requested in paragraph 3.1 
shall be submitted to the 
Committee on Subsidies 
and Countervailing 
Measures (SCM Committee) within 
[the entry into 
force/adoption] of this 
instrument, 2 years and 4 
years, respectively.    
   4.5 The operationalization 
of disciplines on fisheries 
subsidies should not impede 
the ability developing 
countries and LDCs to 
develop and di versify their 
fisheries sector.     
 1.4 [partial]  […] 
Appropriate S&DT  for 
developing and least -
developed Members that 
does not undermine the 
effectiveness of the 
disciplines would be an 
integral part of these 
negotiations.  
[4.3 Placeholder: 
Appropriate S&DT  that does 
not undermine the 
effectiveness of the 
disciplines may be 
considered.]  
[6.2 Placeholder: 
Appropriate S&DT that does 
not undermine the 
effectiveness of the 
disciplines may be 
considered, including 
capacity building to bring 
programmes into 
confor mity with the 
prohibitions.]  
 
 
 
 
       TN/RL/W /273 
 
- 31 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Special and 
differential 
treatment  
 
Conditionalities  
  4.2. Developing and least 
developed countries may 
grant or maintain subsidies 
referred to under Article 1 
if the following conditions 
are met:  3.4 Fisheries subsidies 
meet the definition of 
Article 3. 2 and Article 3.3  
of this proposal contingent 
that:     
 (a) the vessel benefitting 
from the subsidy does not 
target fish stocks that are 
in an overfished 
condition [FN3bis]; and  
[FN3bis text]  As 
recognised as o verfished by 
the national authorities of 
the Party or by the relevant 
Regional Fisheries 
Management Organisation 
or Arrangement. In the 
absence of sufficient data 
to make such a 
determination, the stock 
shall be presumed to  be in 
an overfished condition.  b. the fisheries do not 
adversely affect resources 
governed by the fisheries 
management plan;  
c. the fishing activities will 
not adversely affect fishery 
resources of other 
members or the resources 
governed by relevant 
regional fisheries 
management organi zations 
(RFMOs); and  
     
 (b) the targeted stock is 
managed on the basis of 
the best available science  
at the disposal of the 
concerned Party , consistent 
with the conservation and 
cooperation obligations  
under the relevant 
international law [FN6] , as 
reflected in UNCLOS, 
conservation and 
management measures of 
competent RFMO (s)/A(s), 
and generally accepted 
standards for the 
conservation and 
managem ent of fisheries 
resources; and  d. the member has control 
mechanism on fisheries 
subsidies to avoid  
overfishing and 
overcapacity.      TN/RL/W /273 
 
- 32 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
 
Special and 
differential 
treatment  
 
Conditionalities 
(Cont'd)  
   
[FN6 text]  Relevant 
international law includes, 
amongst others, the United 
Nations Convention on the 
Law of the Sea (UNCLOS ), 
the UN Agreement for the 
Implementation of the 
Provisions of UNCLOS 
relating to Conservation 
and Management of 
Straddling Fish Stocks and 
Highly Migratory Fish 
Stocks, the FAO Agreement 
to promote Compliance 
with International 
Conservation and 
Managemen t Measures by 
Fishing vessels on the High 
Seas, the FAO Agreement 
on Port State Measures to 
Prevent, Deter and 
Eliminate IUU Fishing, and 
the FAO Code of Con duct 
for Responsible Fisheries.       
 (c) the subsidising Party 
has a management 
plan[FN7] for the fleet 
segment it intends to 
subsidise.  
[FN7 text]  The 
management measures 
contained in the plan 
should aim at ensuring the 
sustainable exploitation of 
the stock. They shall refer 
to the stocks, fishery and 
area to which it applies, 
quantify projected fishing  
mortality rates, indicate 
provisions on fishin g vessel 
monitoring and systems for 
reporting data and catch in 
sufficient detail.  a. the member has a 
fishery management plan in 
place that is effectively 
monitored and adequately 
enforced;  
     TN/RL/W /273 
 
- 33 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Special and 
differential 
treatment  
Other   4.2bis.  Developing 
countries ranking among 
the world's [X] biggest in 
terms of marine capture 
production as determined 
by the FAO shall endeavour 
to refrain from making use 
of the flexibilities set out in 
Article 4.2.       
Technical 
assistance and 
capacity 
buildi ng 
 [6.2  Placeholder: 
Appropriate S&DT that does 
not undermine the 
effectiveness of the 
disciplines may be 
considered, including 
capacity building to bring 
programmes into 
conformity with the 
prohibitions.]  
   4.4 [partial]  Developed 
countries, and developing 
countries in a position to do 
so shall provide, and 
relevant agencies are 
invited to provide, targeted 
technical assistance and 
capacity building to 
developing countries, in 
particular LDCs and small, 
vulnerable economie s 
(SVEs) to:  
 
a) address institutional and 
financial difficulties faced 
by LDCs and developing 
countries with constrain ts 
to implement this 
Agreement;  
 4.1. Members agree to 
implement an effective 
scheme of cooperation to 
help developing and least -
develope d country 
Members to acquire 
capacity building in the 
form of technical assistance 
in order to fulfill their 
commitments. This scheme 
could include bilateral and 
regional cooperation as well 
as technical assistance 
from relevant international 
organizations . 
4.2 The provision of 
technical cooperation and 
capacity building under this 
instrument will be notified 
by providing Members and 
reviewed in the SCM 
Committee. The WTO shall 
cooperate with the FAO and UNCTAD  in the provision of 
technical assistance under 
this Article.  3.4 [partial]  Upon request 
of a developing country or 
LDC Member, developed 
country Members shall 
provide targeted technical 
assistance and capacity 
building assistance to 
address institutional and 
financial constraints faced 
by LDCs and developing 
countries in the 
implementation of this 
Agreement   
   3.6 Upon the request of 
developing country 
members, developed country 
members shall provide 
technical assistance to 
developing country members 
on mutually agreed terms 
and conditions to develop 
the capacity to initiate, 
implement, and enforce 
compliance with a fishery 
management plan in keeping 
with the FAO Code of 
Conduct on Responsible 
Fisheries and adequate to 
provide the showing required 
by Art icles 3.2 and 3.3 of 
this proposal.  4.4 [partial]   
b) establish reporting 
mechanisms and 
regulations to prevent 
unreported and 
unregulated fishing;  
c) conduct stock 
assessments;  
d) conduct monitoring, 
control and surveillance of 
fish stocks; and  
e) research and 
development  
  3.4 [partial]  and for 
establishing reporting 
mechanisms and 
regulations to prevent 
unreported and 
unregulated fishing, 
conducting stock 
assessments, and 
monitoring fish stocks.   TN/RL/W /273 
 
- 34 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Technical 
assistance and 
capacity 
building 
(Cont'd)  
   3.5 Upon the request of 
developing country 
members, and with 
reference to guidance 
provided by the UN Fish 
Stocks Agreement, 
developed country 
members shall provide 
technical assistance on 
mutually agreed terms and 
conditions to developing 
country members to allow 
them to participate fully in any RFMO adjacent to their 
exclusive economic zone or 
archipel agic waters.  
     
TRANSPARENCY  
Transparency   
 
Notification  
 Article 4  
 
4.1  Members shall notify 
as part of their regular 
notifications under Article 
25.3 of the SCM Agreement 
the following information:  
 Article 3  
3.1. The Parties shall notify, 
in accordance  with the 
provisions of Article  XVI:1 of 
GATT 1994 and Article 25 of 
the Agreement on Subsidies 
and Countervailing 
Measures, all kind of 
subsidies that support, 
directly or indirectly, marine 
fishing activity.  
 
3.2. In addition to the 
information set out in 
Article 25.3 of the 
Agreement on Subsidies 
and Countervailing 
Measu res the following 
must be included in the 
notification:  
  Article 5  
Notification  
5.1 The Parties shall 
notify, in accordance with 
the provisions of Article 
XVI:1 of GATT 1994 and 
Article 25 of the Agreement 
on Subsidies and 
Countervailing Measures, 
all su bsidies that support, 
directly or indirectly, 
marine fishing activity, to 
the extent that country is 
providing subsidies 
prohibited under Article 2 
of this Agreement. [FN7] 
 . 
 
[FN7-text] Nothing in this 
notification provision 
requires the provision of 
confidential information, 
including con fidential 
business information.  3 Transparency  
 
 
3.1 In order to enable 
effective surveillance of 
subsidies elimination, 
Members shall notify as 
part of their regular 
notifications under Article 
25.3 of the Agreement on 
Subsidies and 
Countervailing Measures 
the following information:  
 Article 4  
Notification  
 
4.1 In addition to the 
information notified 
pursuant to Article 25.3 of 
the SCM Agreements, 
Members shall notify the 
following information:  
  
 (a) programme name;  (a) programme name;  
   d. programme name;  
 (a) Programme name  
  
 (b) legal basis and 
granting authority for the 
programme;  
 (b) legal basis and 
granti ng authority for the 
programme;    e. legal authority for the 
programme;  
 (b) Legal basis and 
granting authority of the 
programme   
  (c) level of support 
provided;    c. kind of subsidies 
provided and amounts 
grante d; (c) Level of support 
provided   TN/RL/W /273 
 
- 35 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Transparency   
 
Notification  
(Cont'd)  
  (d) type or kind of 
marine fishing acti vity 
supported by the programme; and    b. vessels and operators 
fishing  in areas beyond 
national jurisdiction, for  
which the subsidy is 
provided;  (d) Type or kind of marine 
fishing activity supported 
by the programme   
(c) catch data by species in 
the fishery for which the 
subsidy is provided;     f. catch data, to the extent 
possible by species, in the 
fishery for which the 
subsidy is provided;  
   
(e) fleet capacity in the 
fishery for which the 
subsidy is provided;     a. fleet capacity in the 
fishery for which the 
subsidy  is provided;  
 (e) Fleet capacity in the 
fishery for which the 
subsidy is provided   
 (e) in the case of 
developing and least 
developed countries, for 
any of the subsidies under 
Article 1.1, information 
whether the Party 
concerned makes use of the 
flexibi lities provided for in 
Articles  4.1 and 4.2.       
  3.3. The Parties shall also 
endeavour to include the 
following in the notification:       
 (d) status of the fish stocks 
in the fishery for which the 
subsidy is provided (for 
example, overfished, fully 
fished, underfished);  (a) the status of the 
fish stock targeted by the 
vessel bene fitting from the 
subsidy (for example, 
overexploited, depleted,  
fully exploite d, recovering, 
underexploited);    g. status of the fishery for 
which the subsidy is 
provided (for example, 
overexploited, depleted, 
fully exploited, recovering 
or underexploited);    
 (f) conservation and 
management measures in 
place for the relevant fish 
stock; and  (b) any conservation 
and management measures 
applied to the fish stock 
targeted by the vessel 
benefitting from the 
subsidy; and    h. conservation and 
management measures in 
place for the relevant fish 
stock;  
 (f) Conservation and 
managements measures in 
place in the relevant fishery   
  (c) any fishing capacity 
management plan applied 
to the fleet to which the 
vessels benefitting from the 
subsidy belong.       
 (g) total imports and 
exports per species.  
    i. total imports/export, to 
the extent possible per 
species;    
 4.2  Members shall also 
provide information in 
relation to other subsidies 
granted to the fisheries 
sector, for example fuel 
subsidies.  
    3.3 Members shall also 
provide, to the extent 
possible, information in 
relation to other fishing 
related subsidies, granted 
or maintained, that are not 
covered by paragraph 3.1, 
in particular fuel subsidies.    TN/RL/W /273 
 
- 36 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Transparency   
 
Notification  
(Cont'd)  
 [4.3  Placeholder: 
Appropriate S&DT  that does 
not undermine the 
effectiveness of the 
disciplines may be 
considered.]    5.2 Notification 
requirements shall not be 
burdensome on developing 
countries with capacity 
constraints, especially LDCs  3.2 Members shall make 
this notification, for the 
first time, within one year 
after [the entry into 
force/adoption] of this 
instrument. In the case of 
developing and least -
developed country Members the information requested in paragraph 3.1 
shall be submit ted to the 
Committee on Subsidies 
and Countervailing Measures (SCM Committee) 
within [the entry into 
force/adoption] of this instrument, 2 years and 4 years, respectively.  
 4.2 The notification 
requirements referred to 
under Article 4.1 shall not 
apply to LDC Members.   
SCM Committee role 5.1 The Committee on 
Subsidies and 
Countervailing Measures 
shall hold a dedicated 
biennial review of Members' 
implementation of this 
Agreement,  the nature and 
extent of Members' subsidy 
programmes, and the 
related fish stock status, 
production and trade. This 
shall be informed by a 
summary from the 
Secretariat of Members' 
notifications complemented 
by relevant information 
provided by Members to 
the WTO Secretariat and 
information from other 
international organisations.     3.5 In order to enable the 
effective surveillance of 
subsidies elimination 
established in 
paragraph  2.1.1, the SCM 
Committee shall receive 
communications from:  
a. RFMOs  informing a 
determination finding that a 
vessel or operator has 
engaged in IUU fishing 
activities in waters covered 
by such organization, and;  
b. Members informing a 
determination finding that a 
vessel of a third country 
flag state has engaged in 
IUU fishing activities within 
waters under the national 
jurisdiction of the Member 
making the determination.  
3.6 The SCM Committee 
shall, upon receipt, 
circulate these  
communications to the 
Members.    
     3.4 Within the six months 
after [the entry into 
force/adoption] of this 
instrument, Members that 
have not completed; or, 
need to update the 
information related to the 
status of the fish stocks in 
the fishery for which the 
subsidy is provided, shall 
inform the SCM Committee .   TN/RL/W /273 
 
- 37 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Transparency   
 
SCM Committee role 
(Cont'd)      4.2 The provision of 
technical cooperation and 
capacity building under this 
instrument will be notified 
by providing Members and 
reviewed in the SCM 
Committee. The WTO shall 
cooperate with the FAO and 
UNCTAD in the provision of 
technical assistance under 
this Article.    
TRANSITIONAL PROVISIONS, INSTITUTIONAL 
ARRANGEMENTS/REVIEW  
Transitional 
provisions Article 6  
 
 
6.1  Existing subsidy 
programmes which are 
inconsistent with Articles 
1.2-1.4 shall be brought 
into conformity by 2020.  
No Member shall extend 
the scope of any such 
programme, nor shall such 
a programme be renewed 
upon its expiry.  
  
  
1.2. The Parties may grant 
or maintain subsidies set 
out in Article 1.1 during a 
transitional period of [X] 
years following the entry 
into force of this 
Agreement, prov ided that 
the vessel benefitting from 
the subsidy does not target 
fish stocks that are in an 
overfished 
condition .[FN3bis]  
 
[FN3bis text]  As 
recognised as overfished by 
the national authorities of 
the Party or by the relevant 
Regional Fisheries 
Management  Organisation 
or Arrangement. In the 
absence of sufficient data 
to make such a 
determination, the stock 
shall be presumed to be in 
an overfished condition.  
  Article 3  
Transitional Arrangements  
 
3.1 No Member shall be 
obliged to apply Article 2 of 
this Agreement before the 
expiry of a period of one 
year after entry into force 
of this Agreement.  
 
3.2 Developing countries 
are entitled to a further 
delay of [x] years, and 
LDCs are entitled to a 
further [x] years.  
 
 In 2.1.2.a: "Related to 
Overfishing":  
 
2.1.2.a. [subparagraph ]: In 
order to bring any subsidy 
programs into conformity 
with the obligations 
provided in this provision, 
developing and least -
developed country 
Members, that at [the time 
of entry into 
force/adoption] of this 
instrument, have not 
completed; or, need to 
update the information 
related to the status of the fish stocks in the fishery for 
which the subsidy is 
provided, shall be granted 
with a period of time of [X] 
and [Y] years, respectively, 
after entry into force, 
subject to comply with the 
transparency section 
provided below in 
paragraph 3.4. 
 Article 6  
Transitional Arrangements  
 
6.1 Developed Members 
shall not be obliged to 
apply Article 2 of this 
Agreement before the 
expiry of a period of [x] 
year[s] after entry into 
force of this Agreement.  
 
6.2 Developing countries 
are entitled to a delay of 
[x]years, and LDCs are 
entitled to a delay of [x] 
years after entry into force 
of this Agreement.  
 
  TN/RL/W /273 
 
- 38 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Transitional 
provisions 
(Cont'd)     4.2 With respect to Article 
2.1.b, in order to establish 
measures against 
unreported and 
unregulated fishing, after 
the period stipulated in 
Article 3.1 and 3.2, 
developing countries not 
engaged in large scale 
industrial distant water 
fishing are entitled to apply 
[x] additional years and 
LDCs [x] additional years of transition period, except for 
illegal fishing.
 
  3.3 With respect to 
Article  2.1.b, in order to 
establish measures against 
unreported and unregulated 
fishing, after the period 
stipulated in Article 6.2 
below, developing countries 
not engaged in large scale 
industrial distant water 
fishing are entitled to app ly 
[x] additional year and LDCs 
[x] additional years 
transition period to enable 
them to establish reporting 
mechanism and regulations 
through implementing 
Article 3.4.  
  
     In 3: "Transparency":  
 
3.2 Members shall make 
this notification  [under 
3.1], for the first time,  
within one year after [the 
entry into force/adoption] 
of this instrument. In the 
case of developing and 
least-developed country 
Members the information 
requested in paragraph 3.1 
shall be submitted to the 
Committee on Subsidies 
and Countervailing 
Measures (SCM Committee) within 
[the entry into 
force/adoption] of this 
instrument, 2 years and 
4 years, respectively.  
   
     3.4 Within the six months 
after [the entry into 
force/adoption] of this 
instrument, Members that 
have not completed; or, 
need to update the 
information related to the 
status of the fish stocks in 
the fishery for which the 
subsidy is provided, shall 
inform the SCM Committee . 
   
 6.1 [partial]  […] No 
Member shall extend the 
scope of any such 
programme, nor shall such 
a programme be renewed 
upon its expiry.      6.3 No Member shall 
extend the scope of a 
programme inconsistent 
with this Agreement, nor 
shall such a programme be renewed upon its expiry.  
  TN/RL/W /273 
 
- 39 - 
 
  
 
   
Proposal  (in order  
received)   
 
 
Topic  New Zealand, Iceland, 
Pakistan  
(TN/RL/GEN/186)  EU  
(TN/RL /GEN/181/Rev.1)  Indonesia  
(TN/RL/GEN/189 /Rev.1 ) ACP Group  
(TN/RL/GEN/192)  Argentina, Colombia, 
Costa Rica, Panama, Peru, 
Uruguay  
(TN/RL/GEN/187 /Rev.2 ) LDC Group  
(TN/RL/GEN/193)  Norway  
(TN/RL/GEN/191)  
Institutional 
arrangements/
review   
Article 5  
 
 
5.1  The Committee on 
Subsidies and 
Countervailing Measures 
shall hold a dedicated 
biennial review of Members' 
implementation of this 
Agreement, the nature and 
extent of Members' subsidy 
programmes, and the 
related fish stock status, 
production and trade. This 
shall be informed  by a 
summary from the 
Secretariat of Members' 
notifications complemented 
by relevant information 
provided by Members to 
the WTO Secretariat and 
information from other 
international organisations.  
 
5.2  The Committee shall 
review the operation of this 
Agreement after three 
years, and periodically 
thereafter.   
 
 
 
4.3. The flexibility set out 
in Article 4.2 shall be 
reviewed in view of the 
objectives set out in UN 
Sustainable Development 
Goal 14 target 4 and target 
6 at the end of the tenth 
year following  the entry 
into force of this 
Agreement.  
    
 5 Review clause  
 
The SCM Committee should 
hold an annual special 
session to evaluate the 
progress in the 
implementation of the 
agreed disciplines and 
make recommendations for 
their future improvements.  
 
  
Article 5 
Review of Implementation  
 
The SCM Committee shall 
hold a dedicated annual 
review of progress in the 
implementation of this 
Agreement. This review 
shall be supported by a 
WTO Secretariat report 
based on Members' 
notifications complemented 
by relevant information 
provided by Members and 
information from other 
international organizations.   
     4.2 [partial] : […] The WTO 
shall cooperate with the 
FAO and UNCTAD in the 
provision of technical 
assistance under this 
Article.    
 
 
 
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