WT/MIN(17)/W/4  
 
6 December 2017  
(17-6719) Page: 1/3 
Ministerial Conference  
Eleventh Session  
Buenos Aires, 10 -13 December 2017    
 
DRAFT MINISTERIAL DE CISION FISHERIES SUB SIDIES 
At its meeting of 6 December 2017, the Negotiating Group on Rules agreed to forward the 
following text to the Ministerial Conference for consideration.  
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[The Ministerial Conference,  
Having regard  to paragraph 1 of Article IX of the Marrake sh Agreement establishing the 
World  Trade Organization; and  
[Recalling  the mandate contained in the 2001 Doha Declaration and the 2005 Hong Kong 
Ministerial Declaration; and]  
Acknowledging  the importance of the fisheries sector , and its contribution to  the development 
priorities , poverty reduction, livelihood  [of their fishing communities, including small scale [and] 
artisanal  fishers,]  and food security of all Members, in particular developing countries  and 
least-developed countries ; and  
[Recognizing ] [Recalling ] [target 14.6 of the 2030 Sustainable Development Agenda ] [the 
mandate]  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 th at appropriate 
and effective special and differential treatment for developing and least developed countries should 
be an integral part of the World Trade Organization fisheries subsidies negotiation;  and 
[Desiring  to further the objectives of the Agreemen t on Subsidies and Countervailing Measures 
(ASCM).]  
Decides  as follows:  
1. Building on the progress made since the 10th Ministerial Conference as reflected in documents 
TN/RL/W/274/Rev. 2, RD/ TN/RL/29/Rev.3, Members agree to continue to engage constructivel y in 
the fisheries subsidies negotiations, [with a view  to] adopting , by the Ministerial Conference 
in 2019, an agreement on comprehensive and effective  disciplines that prohibit certain forms of 
fisheries subsidies that contribute to overcapacity and over fishing, and eliminate subsidies that 
contribute to IUU -fishing  recognizing that appropriate and effective special and differential 
treatment for developing and least developed Members should be an integral part of these 
negotiations.  
2.1  
[Alternative 1:  
In the interim, until a negotiated Agreement is adopted, Members agree not to grant or maintain 
subsidies that contribute to illegal, unreported and unregulated fishing.  WT/MIN(17)/W/4  
 
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  Alternative 2:  
Pending agreement on multilateral disciplines, each Member shall endeav our to eliminate subsidies 
that contribute to illegal, unreported and unregulated fishing activities set out in paragraph  3 of 
the IPOA -IUU [2001].  
Alternative 3: 
Pending agreement on multilateral disciplines, each Member agrees to eliminate subsidies tha t 
contribute to illegal, unreported and unregulated fishing activities set out in paragraph  3 of the 
IPOA-IUU [2001] as implemented in its national laws, regulations and administrative procedures.  
Alternative 4: 
Pending agreement on multilateral discipline s, each Member agrees to eliminate subsidies that 
contribute to illegal, unreported and unregulated fishing activities set out in paragraph  3 of the 
IPOA-IUU [2001] as implemented in its national laws, regulations and administrative procedures, 
in waters b eyond its [EEZ] [jurisdiction] . 
Alternative 5:  
Pending agreement on multilateral disciplines, each Member agrees to eliminate subsidies that 
contribute to illegal, unreported and unregulated fishing activities set out in paragraph  3 of the 
IPOA-IUU [2001] as implemented in its national laws, regulations and administrative procedures. 
If a Member has capacity constraints that prevent it from immediately implementing this 
commitment in respect of unreported and unregulated fishing [within its EEZ,] [in waters  under its 
jurisdiction] such a Member would [notify] [inform] the SCM Committee of these constraints, and 
shall not be required to implement this commitment until the necessary capacity has been 
acquired. In this regard technical assistance and capacity b uilding support should be provided. 
[Any such notification shall cease to have effect no later than 31  December  2020.] ] 
2.2 [Overfished stocks]  
3. [Each Member agrees to make its best efforts to refrain from introducing new,  or extending or 
enhancing existing, subsidies that contribute to overfishing or overcapacity. This commitment shall 
not [apply to] [ affect the rights or obligations of ] [developing and LDC] Members  [.] [under 
international law ] to exploit, conserve and man age fisheries resources [and expand their fishing 
capacities] in a sustainable manner.]  
4. Members re-commit to implementation of existing notification obligations under Article 25.3 of 
the ASCM  thus strengthening transparency with respect to fisheries sub sidies.   
[Members further commit to work towards additional transparency in respect of fisheries subsidies 
[taking into consideration the capacity constraints of developing countries including LDCs].]  
5. Within a year of the adoption of this Decision, a su bsidizing Member shall notify the Committee 
on Subsidies and Countervailing Measures how it has implemented paragraphs [2,] [3] and [4] of 
this Decision.  
6. The Committee on Subsidies and Countervailing Measures shall hold a dedicated review in 
mid-2019 of  Members' notifications submitted under paragraph 5 and report to the General 
Council which shall report thereon  to the 12th Ministerial Conference in 2019 . 
7. Nothing in this Decision shall be interpreted  as having any legal implications regarding 
territoriality, sovereignty or maritime jurisdiction.  
8. [Nothing  [in paragraphs [2] -[3][4][7]] in this Decision shall prejudge the [final] positions of 
Members regarding the fisheries subsidies negotiations  [or the final outcome of the negotiations].]  WT/MIN(17)/W/4  
 
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  [9. We also agree that this Decision is not a covered agreement subject to the Dispute Settlement 
Understanding and it shall not be used to interpret Members' rights and obligations under the 
WTO Agreement. ]] 
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