TN/RL/GEN/192  
 
14 July 2017  
(17-3812)  Page: 1/4 
Negotiating Group on Rules  Original: English  
 
ACP GROUP TEXT PROPO SAL 
FISHERIES SUBSIDIES DISCIPLINES  
 
SUBMISSION BY GUYANA  ON BEHALF OF THE ACP  GROUP  
The following communication, dated 13 July 2017, is being circulated at the request of the 
Delegation of Guyana on behalf of the ACP Group.  
 
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Preamble  
 
The Ministerial Conference,  
 
Recalling  the mandate contained in the 2001 Doha Declaration, where Ministers agreed to clarify 
and improve WTO 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 developing 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 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.  
 
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.  
 
"Operator" includes any person or enterprise involved in the operation, management or ownership 
of a vessel involved in fishing . 
 
"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, c atching, 
taking or harvesting of fish, including transshipping, and processing of fish at sea; and shall be 
confined to wild marine capture;  
 
"Overfished stocks" are fish stocks that are recognized as overfished either by the national 
jurisdiction where t he fishing is taking place or by a relevant Regional Fisheries Management  
Organisation . 
 TN/RL/GEN/192  
 
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  "Large -scale industrial fishing" means fishing that is not semi -industrial, small -scale commercial, 
artisanal, or subsistence fishing.1 
 
"Fishing vessel" means any ves sel, 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.  
 
 
Article 1  
 
Scope  
 
1.1 Subsidies to ves sels, 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 Agreeme nt.2 
 
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.  
 
1.3 Moreover, the scope of this Agreement shall not  apply to  
 
a) Inland fisheries;  
b) Aquaculture; and  
c) Recreational fishing.  
 
1.4 Nothing in this Agreement shall affect the claims of Members concerning disputed waters.  
 
 
Article 2  
 
Prohibited Subsidies  
 
2.1 For purposes of this Agreement, the following subsidies shall be prohibited:  
 
a) Subsidies to fishing vessels, fishing or fishing activity of targeted fish stocks that are 
in an overfished condition;  
b) Subsidies provided to vessels or operators engaged in illegal, unreported and 
unregulated  (IUU) fishing3; and  
c) Subsidies to fishing vessels and fishing or fishing activity for capital4 and operating 
costs5, 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 EEZ6; and  
ii. by developed country Members.  
 
                                                
1 Semi-industrial, small -scale commercial, artisanal, or subsistence fishing are defined according 
national laws and/or international agreements to which the Members are party.  
2 Excluded subsidies are those for disaster relief or safety, research and devel opment, 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 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 vessel monitoring systems); and for increasing resilience 
or reducing vulnerability to climate change.  
3 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.  
4 May include payments for vessel construct ion 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.   
5 May includ e provision for fuel, ice, bait, personnel, social charges, insurance, gear, and at -sea 
support; or operating losses of such vessels or activities.  
6 Noting the rights, jurisdiction, and duties of coastal states among others, found under UNCLOS Part V.  TN/RL/GEN/192  
 
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  2.2 Notwithstanding the provisions of 2.1, due regard should be given to jurisdictions with multi -
species  catch.  
 
 
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.  
 
 
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.  
 
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.  
 
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 o ther 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 pr ovide, targeted technical 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 t o 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  
 
4.5 The operationalization of disciplines on fisheries subsidies should not impede the ability 
developing countries and LDCs to develop and diversify their fisheries sector.  
 
 
Article 5  
 
Notification  
 
5.1 The Parties shall notify, in accordance with the p rovisions of Article XVI:1 of GATT 1994 and 
Article 25 of the Agreement on Subsidies and Countervailing Measures, all subsidies that support, 
directly or indirectly, marine fishing activity, to the extent that country is providing subsidies 
prohibited unde r Article 2 of this Agreement.7 
 
5.2 Notification requirements shall not be burdensome on developing countries with capacity 
constraints, especially LDCs.  
                                                
7 Nothing in this notification provision requires the provision of confidential information, including 
confidential business information.  TN/RL/GEN/192  
 
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  Annex I  
 
A. Illegal fishing refers to activities:  
 
i. conducted by national or foreign vessels in water s under the jurisdiction of a State, 
without the permission of that State, or in contravention of its laws and regulations;  
ii. conducted by vessels flying the flag of States that are parties to a relevant regional 
fisheries management organization but operat e 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, inclu ding 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 contra vention of national laws and regulations; or  
ii. undertaken in the area of competence of a relevant regional fisheries management 
organization which have not been reported or have been misreported, in 
contravention of the reporting procedures of that organiza tion. 
 
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 
consistent 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 
managem ent 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 international law.  
 
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