TN/RL/W/269  
 
18 November 2015  
(15-6105)  Page: 1/2  
Negotiating Group on Rules  Original: English/French  
 
DRAFT DECISION ON THE DEVELOPMENTAL AND FOOD SECURITY ASPECTS 
ON FISHERIES SUBSIDIES DISCIPLINES 
ACP PROPOSAL1 
The following communication, dated 18 November 2015, is being circulated at the request of the 
African, Caribbean, and Pacific Group of States.  
_______________ 
  
The Ministerial Conference, 
 
Acknowledging  the critical importance of the fisheries sector to poverty reduction, livelihood and 
food security in developing countries including LDCs and SVEs, 
 
Reaffirming  that the rules negotiations on fisheries subsidies constitute a central element of the 
development component of the Doha Round and should proceed as set out in Annex D, 
paragraph 9 of the Hong Kong Ministerial Declarations, 
 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 unregulated 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. 
 Decides as follows:  
 
1. Further negotiations aimed at strengthening disciplines on subsidies in the fisheries sector, including through the prohibition of certain forms of subsidies that contribute to overcapacity and over-fishing, shall form an integral part  of the post-Nairobi work program.  
 
2. Such negotiations shall prioritise a set of co re disciplines on those subsidies that contribute 
most to perpetuating excess fishing capacity and undermining development prospects.  
 
3. To this end, Members shall establish within one year after the adoption of this decision, a 
prohibition on: 
 
a) Subsidies the benefits of which are conferred on any vessel engaged in illegal, 
unreported or unregulated fishing; 
b) Subsidies the benefits of which are conferred on any fishing vessel or fishing activity 
negatively affecting fish stocks that are in an unequivocally overfished condition. 
 4. Additional notification requirements beyo nd those defined under Article 25 of the WTO 
Agreement on Subsidies and Countervailing Measures (ASCM) shall be established for those 
Members whose share of global marine wild capture exceeds […] percent, with the view to enabling other Members to evaluate the contribution of the notified subsidy programme to 
overcapacity and over-fishing. 
 
                                               
1 South Africa reserves its position on this proposal. TN/RL/W/269 
 
- 2 - 
 
  5. Beyond the disciplines listed under paragraph 3, broader negotiations aimed at 
strengthening disciplines on fisheries subsidies shall continue, with a view to addressing fisheries subsidies that contribute to overcapacity an d over-fishing, ambitiously and expeditiously. 
 
6. Appropriate and effective special and differential treatment for developing countries 
including LDCs and SVEs shall be an integral part of these negotiations, taking into account the importance of this sector to development priorities, poverty reduction, livelihood, and food security 
concerns in accordance with Annex D, paragraph 9 of the Hong Kong Ministerial Declaration. 
 7. In the meantime, Members should refrain fr om providing capacity enhancing subsidies to 
their fishing fleets that affect the sustainability of fish stocks and undermine the development, 
livelihood and food security prospects of de veloping countries including LDCs and SVEs. 
 
 
__________