WT/MIN(15)/W/34  
JOB/AG/65  
 
9 December 2015  
(15-6507)  Page: 1/6  
Committee on Agriculture 
Special Session  Original: English  
 
SPECIAL SAFEGUARD PROVISIONS FOR DEVELOPING COUNTRY MEMBERS 
SUBMISSION BY THE G-331 
Draft Ministerial Decision of 18 December 2015, Nairobi, Kenya  
The following communication submitted by the G-33, dated 8 December 2015, is being circulated 
for consideration by Members. 
 
_______________ 
 
                                               
1 Without prejudice to the positions of Peru, Pakistan and Guatemala. A G-33 member or the Group as a 
whole reserves its rights to revisit its position on this  proposal at anytime in the negotiation. This proposal 
co-exists with the G-33 proposal in the document JOB/AG/49 of 18 November 2015. WT/MIN(15)/W/34 • JOB/AG/65 
 
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  SPECIAL SAFEGUARD PROVISIONS FOR DEVELOPING COUNTRY MEMBERS 
Ministerial Decision of 18 December 2015, Nairobi, Kenya  
 
The Ministerial Conference, 
 
Having regard  to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization (the "WTO Agreement"); 
 
Desiring  to amend the Agreement on Agriculture to pr ovide for special and differential treatment 
provisions under the special safeguard provisions under Article 5;  
Acknowledging the need to safeguard developing country Members from the heightened 
volatilities and instabilities in agriculture since the global food crisis in 2008 due to increased vulnerabilities to natural calamities and the trad e distortions induced by high subsidization and 
export measures that curtail the productive capacities of these Members, reverse their 
development gains, hinder competitiveness and realization of their full potential;  
Noting  that greater stability and sustainability in investment, production and trade in developing 
country Members benefits all including producers,  traders, and consumers which drives global 
demand for goods and services and propels global growth and development;  
Having regard  also to paragraph 42 of Annex A of the "J uly Framework" adopted by the General 
Council2 in August 2004 and paragraph 7 of the Hong Kong Ministerial Declaration in December 
20053, in particular the mandate to establish special safeguard provisions for developing country 
Members based on price and quantity triggers; 
 Recognizing  the critical importance of instituting an accessible and effective trade remedy tool 
that is especially tailored to the needs and conditions of developing country Members in addressing 
volatilities and instabilities causing import surges and price depressions which, if not immediately and effectively addressed as they occur, undermine poverty reduction efforts, livelihood and food security, and rural development in developing country Members; 
 
Reaffirming our commitment  under paragraph 13 of the Doha Development Agenda
4, which 
provides inter alia  that special and differential treatment for developing country Members shall be 
an integral part of all elements of the negotiations to enable developing country Members to 
effectively take account of their development needs, including food security and rural 
development;  
Decides as follows:  
 1. The Agreement on Agriculture shall be amended by adding new paragraphs 10-13 under 
Article 5  to provide special and differential treatment provisions for developing country 
Members  as provided in Attachment 1 to this Decision. 
 
2. The Protocol of Amendment contained in Attachme nt 2 to this Decision is hereby adopted. 
 
3. This decision, and the resulting amendment, will  not form part of the negotiations referred 
to in paragraph 45 of the Doha Ministerial Declaration. 
 
4. [The Protocol of Amendment shall remain op en for acceptance [until 31 December 201_]. 
 
5. The Protocol shall enter into force in accordance with Article X:3 of the WTO Agreement.  
 
                                               
2 WT/L/579 
3 WT/MIN(05)/DEC 
4 WT/MIN(01)/DEC/1  WT/MIN(15)/W/34 • JOB/AG/65 
 
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  6. Pending entry into force of the Protocol an d the amendment, developing country Members 
may use the additional special safeguard provisions for developing country Members as contained in Attachment 1 to this Decision and Members shall not challenge through the WTO Dispute Settlement Mechanism the compliance of a developing country Member with its 
obligations under Articles 4 and 5 of the Agreement on Agriculture with respect to any use 
by that Member of these special safeguard provisions.   
 
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 WT/MIN(15)/W/34 • JOB/AG/65 
 
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  ATTACHMENT 1 
Special and Differential Treatment for Developing Country Members 
10. The special safeguard provisions of this Article shall not be applied against a product 
originating from a least developed country Member or a developing country Member listed in 
annex ___5 hereto, except where the volume increase or import surge is caused exclusively 
by imports from one or more least developed country Members or one or more of the listed developing country Members. 
 
11. In addition to the provisions under paragrap h 1 above, and notwithstanding the provisions 
of paragraph 1(b) of Article II of the General Agreement on Tariffs and Trade of 1994, any 
developing country Member shall have the right to recourse to the volume-based and 
price-based special safeguard provisions under subparagraph 1(a) and subparagraph 1(b) above in any year for products
6 that are designated in its Schedule with the symbol "SSM"7. 
 
12. A developing country Member or least developed country Member applying a special 
safeguard measure under subparagraph 1(b) above may use a ‘reference price’ based on the 
most recent three-year period preceding the year of importation for which data are available and in accordance with the provisions of footnote 2
8. 
 
13. A developing country Member or least de veloped country Member with an average 
agriculture bound tariff of not greater than 40 percent in 2015 may apply a further special 
safeguard measure in the form of a duty not exceeding [XX] percentage points in addition to 
the appropriate maximum additional duty under paragraph 4 or paragraph 5, provided the resulting overall duty to be levied on the product concerned shall not exceed twice the level 
of the ordinary customs duty of the product. 
 
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5 The developing country Members that, in the period (1999 to 2004), had an average share of 
(a) world merchandise trade of no more than 0.16% or le ss, and (b) world trade in non-agricultural products of 
no more than 0.1% and (c) world trade in agricultural  products of no more than 0.4%. Developing country 
Members that are "10 most vulnerable" to climate change as may be determined in the United Nations are also 
covered by the provision.    
6 For no more than (x) percent of total agriculture tariff lines at HS 6-digit level, exclusive of the 
existing products with "SSG" symbol in the Schedule of a Member, as applicable.   
7 The symbol "SSG" referred to in paragraph 1 and in the Schedule of a Members and the symbol "SSM" 
referred to in paragraph 11 and in the same Schedule are for distinction purposes  only; hence, the special 
safeguard provisions of paragraphs 1- 13 of Article 5 of the Agreement on Agriculture apply to products with 
both "SSG" and "SSM" symbols in the Schedule.    
8 Trigger prices and the basis of the calculations shal l be made available and notified to the Committee 
on Agriculture as far as in advance as may be practicable and in any even t within ten days from the beginning 
of any year. In any event that the price triggers are no t available and/or notified, the price triggers will be 
assumed as those used in the previous year/s, as applicable.     WT/MIN(15)/W/34 • JOB/AG/65 
 
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  ANNEX___ 
Developing country Members in the Context of Paragraph 10 of Attachment 1 
The listed Member/s referred under paragraph 10 of Article 5 of the Agreement on Agriculture: 
 
 
1… 2… 
 
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 WT/MIN(15)/W/34 • JOB/AG/65 
 
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  ATTACHMENT 2 
Protocol of Amendment 
The Ministerial Conference, 
 
Having regard  to paragraph 1 of Article IX of the Marra kesh Agreement Establishing the World 
Trade Organization (the "WTO Agreement");  
Decides  as follows: … 
 
1. Article 5 of the Agreement on Agriculture shall, upon entry into force of this Protocol 
pursuant to paragraph 4, be amended by the in sertion of additional paragraphs 10-13 as set 
out in the Attachment 1 to this Protocol. 
 
2. Reservations may not be entered in respect of an y of the provisions of this Protocol without 
the consent of the other Members. 
 
3. This Protocol is hereby open for acceptance by Members [until _____]. 
 
4. This Protocol shall enter into force in accordance with paragraph 3 of Article X of the 
WTO Agreement.
9 
 
5. This Protocol shall be deposited with the Dire ctor-General of the World Trade Organization 
who shall promptly furnish to each Member a certified copy thereof and a notification of each 
acceptance thereof pursuant to paragraph 3. 
 
6. This Protocol shall be registered in accordan ce with the provisions of Article 102 of the 
Charter of the United Nations. 
 
Done at ............. this (date) day of (month) (year), in a single copy in the English, French and 
Spanish languages, each text being authentic.  
 
__________ 
 
 
                                               
9 For the purposes of calculation of acceptances under Article X.3 of the WTO Agreement, an instrument of 
acceptance by the European Union for itself and in respec t of its Member States shal l be counted as acceptance 
by a number of Members equal to the number of Member  States of the European Union which are Members to 
the WTO.