TN/RL/GEN/184  
 
22 December  2016 
(16-7042) Page: 1/2 
Negotiating Group on Rules  Original: English/French  
 
LDC GROUP SUBMISSION  ON  
ELEMENTS FOR WTO FIS HERIES SUBSIDIES DIS CIPLINES  
SUBMISSION BY BENIN ON BEHALF OF THE LDC GROUP 
The following communication, dated 21 December  2016, is being circulated a t the request of the 
Delegation  of Benin  on behalf of the LDC Group . 
 
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The present submission, circulated on behalf of the LDC Group, proposes elements of discussion 
on fisheries subsidies disciplines. It furnishes and builds upon the principles pronounced by the 
LDC Group in its earlier submission  this year.1  
 
1  INTRODUCTION  
1.1 Fisheries are a crucial source of livelihood, rural development and economic growth in LDCs. 
The sector also represents a vital source of export earnings for many LDCs and contributes directly 
to food and nutrition security.  According to the FAO, fish is one of the most important sources of 
animal p rotein, accounting for about 17  % of per capita intake at the  global level, but exceeding 
50 % in many least -developed countries. In Africa alone, the sector provides employment to  
nearly 13 million people.  
 
1.2 Ineffective fisheries management and the incentives created by cost reducing subsidies –
particularly those granted to large -scale industrial fishing - have led to overcapacity and 
overfishing, undermining LDCs food security and development prospects. The FAO estimates that 
58 % of the commercial fish are fished at maximum levels and 31  % are already overfished. 
According to the World Bank the cost of overfishing is estimated at USD 80 billion a year.  
 
1.3 With limited fishin g capacity and largely under -developed fishing fleets, LDCs ' share of 
global wild catches has remained small and the group has not been responsible for overfishing. Yet 
LDCs are directly affected by the depletion of global fish stocks and harmful subsidies  provided to 
large industrial fleets fishing beyond their national jurisdiction in or close to LDCs ' Exclusive 
Economic Zones.  
 
1.4 The mandates for WTO fisheries subsidies negotiations are found in the Doha Declaration 
(paragraph 28) and the 2005 Hong Ko ng Ministerial Declaration, Annex D, paragraph 9. The 
Nairobi Declaration, paragraph 24 calls upon Members to prioritize issues of importance to LDCs 
and paragraph 31 states the strong commitment of all Members to advance negotiations on the 
remaining Doha  issues including rules. In addition to the WTO mandates, Goal 14.6 of the 2030 
Sustainable Development Agenda aims strengthen disciplines on fisheries subsidies by 2020.  
 
2  SCOPE OF THE DISCIPL INES  
2.1 Overall, negotiations should aim to discipline fisheri es subsidies2 which contribute to 
overcapacity and overfishing, and eliminate subsidies to illegal, unreported and unregulated (IUU) 
fishing .3 
                                                
1 Paragraphs 3.8 – 3.11 of WT/GC/W/717;  TN/C/W/73; WT/COMTD/LDC/W/63 (24 June 2016 ). 
2 Negotiations should cover subsidies as defined in paragraph  1 and 2 of Article 1 of the ASCM . They 
should be confined to wild marine capture and should not apply to inland fisheries or aquaculture.  TN/RL/GEN/184  
 
- 2 - 
 
   
2.2 The scope of the disciplines should target primarily industrial fishing on a large scale. While 
recalling th e importance for Members to establish effective and sustainable management schemes 
of fisheries resources, disciplines should not apply to subsidies supporting the following activities:  
 
a. Coastal fishing activities related exclusively to artisanal, traditi onal, or small scale 
fisheries within the Member 's territorial waters;  
b. Fishing activities, which exclusively exploit domestic fish stocks whose ranges are 
confined to the Members ' EEZ. 
c. Fishing activities, which exclusively exploit quotas or any other righ ts established by a 
regional fisheries management organization (RFMO) or a regional fisheries management 
arrangement.  
3  PROHIBITED SUBSIDIES  
3.1 Disciplines should aim to prohibit, inter alia, the following types of subsidies:  
 
a. Subsidies to fishing vessels o r fishing activity negatively impacting fish stocks that are 
overfished;  
b. Subsidies provided to vessels or operators engaged in illegal, unreported and 
unregulated fishing (the prohibition should also apply to illegal transshipment at sea); 
and 
c. Subsidies to  capital and operating costs which contribute to overcapacity and 
overfishing.  
4  TRANSPARENCY AND NOT IFICATION CONSIDERAT IONS  
4.1 While recognising the advantages of enhanced transparency, the LDC Group considers that 
any additional requirements on transpare ncy and notification should remain proportional to the 
global objective and should not be burdensome for LDCs.  
 
5  SPECIAL AND DIFFEREN TIAL TREATMENT FOR L DCS 
5.1 The prohibitions under 3.1 (a) and (b) should apply to all Members without exception. 
However, technical assistance and transition periods should be provided to address LDCs ' 
institutional and financial constraints in implementing the disciplines including the fight against IUU 
fishing.  
 
5.2 Prohibitions other than those outlined in 3.1 (a) and (b) above should not apply to LDCs.  
 
5.3 Capacity building should be provided to help LDCs develop their fishing capacity in a 
sustainable manner, to assess and monitor stocks, and control fishing activities.  
 
6  CONCLUSION  
6.1 The LDC Group urges Members to tak e this submission into account to achieve a concrete 
developmental and multilateral outcome on fisheries subsidies rules for the Eleventh Ministerial 
Conference.  
 
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3 The terms "illegal fishing ", "unreported fishing " and "unregulated fishing " should  have the same 
meaning as 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).