RESTRICTED  
  
TN/RL/30  
 
31 July 2018  
(18-4853) Page: 1/17 
Negotiating Group on Rules  Original: English  
 
NEGOTIATING GROUP ON  RULES  
FISHERIES SUBSIDIES  
WORK PROGRAMME  
SEPTEMBER – DECEMBER 2018  
Communication from the Chair  
Introduction to final version of the work programme  
 
No comments hav e been received on the final revision of the draft fisheries subsidies work 
programme as circulated by fax to all delegations on 27 July 2018 . Therefore , that version, 
contained herein, is now final. The explanations below, which are retained from the 27 J uly 2018 
communication, form an integral part of the work programme.  
 
Results of the consultations since the meeting of 12 July and of the discussion at the meeting 
of 24 July 
 
In the consultations held following the 12 July meeting, Members reaffirmed th at it is time for the 
work of the Negotiating Group to shift gears into a more substantive mode, and indicated 
continued support for introducing some form of less -than-plenary processes into our work stream. 
More specifically, I heard messages of support f rom a range of delegations for retaining the 
Incubator Group process in some manner and, in that vein, openness to exploring possible 
revisions to how this process originally was proposed in the first draft work programme. I also 
heard a general acknowledg ement from a broad spectrum of delegations that there was value in 
maintaining, as an explicit part of the NG Rules process, a brainstorming space, so long as this 
remains transparent and does not become a parallel "negotiating" process.  
 
A number of dele gations called for text -based discussions to be included in the work programme, 
and to reduce the profile in the work programme of the Incubator Groups, if retained, for example 
through intersessional work. Some delegations also queried whether the Incubat or Groups, if 
retained, could be made somewhat larger. I also heard calls for dedicated space during the 
clusters for introducing and discussing new proposals in open -ended meetings, and for reducing 
the time allocated to the Streamlining Phase 2, on the a ssumption that this can be completed by 
the end of the September cluster. A number of delegations also expressed support for having 
technical sessions at each cluster, as well as space for bilateral meetings among delegations. 
Some delegations also request ed that we continue to have fisheries expert resource persons 
present during all clusters.  
 
On the basis of the above points, raised at the 12 July meeting and further discussed in the 
consultations held thereafter, I circulated by fax dated 20 July (cont ained in document 
RD/TN/RL/55) a revised draft work programme. Following circulation of that revised version, I held 
additional consultations with delegations concerning certain aspects of the work programme as 
proposed. I also have taken careful note of t he views expressed and issues raised at the meeting 
of 24 July. On the basis of these additional inputs, I have introduced a few new points in the 
explanations below, as well as some clarifications in respect of the Incubator Groups in those 
explanations a nd in the Rules of Operation of the Incubator Groups.  
 
The description and explanation of each element as reflected in this new revision of the work 
programme are set forth below.  TN/RL/30  
 
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Duration of and interval between fisheries subsidies meeting clusters  
 
No delegation has raised issues concerning the weeks proposed for the meeting clusters, or for the 
extension of the clusters to five days.  
 
Accordingly, the dates for the meeting clusters  – in late September, early November and early 
December - as contain ed in the 20 July revised draft work programme , are retained in this version.  
 
Nature and mix of activities  
 
 Incubator Groups  
 
The Incubator Groups have been retained as part of the draft work programme. The explanations 
on the following points as reflect ed in the 20 July revised version, with some additional emphasis 
and clarifications based on views expressed since circulation of that version, apply to the Incubator 
Groups:   
 
 Incubator Group internal meetings and consultations with other delegations  would now 
take place intersessionally  (during the week preceding each cluster), rather than during 
the cluster itself.  
  
 All four Incubator Groups w ould meet during these pre -cluster periods, on consecutive 
days. This allows each Group to contribute to the wo rk of each cluster, and allows the full 
list of topics to be addressed by the end of this year, without Incubator Group meetings 
being held in parallel. All of these considerations were identified by various delegations.  
  
 The assignment of topics to Incubator Group s has been reorganized . (The list of topics as 
previously circulated has not changed.) The topics to be addressed  by the Incubator 
Groups in each pre -cluster set of meetings relate to the subject of the text -based 
discussion  that has now been int roduced as an element of each cluster. (For example, the 
topics assigned to Incubator Groups for their September pre -cluster work all are relevant 
to the topic of capacity -enhancing/capacity -maintaining subsidies, subsidies contributing to 
overcapacity and  overfishing, which is the focus of the September text -based discussion.)  
 
 While this rule has not been modified, it is recalled that considerations related to special 
and differential treatment should be taken up in an integrated manner, as relevant, in the 
discussion of each assigned topic.  
  
 The Incubator Groups' rules have been adjusted to emphasize and make more explicit  the 
following points:  
 
o The Incubator Groups are not negotiating bodies. They are not expected to agree 
on any specific outcomes, but to brainstorm ideas internally and with consulting 
delegations.  
  
o The Incubator Groups are expected to report all ideas and suggestions – including 
those generated with consu lting delegations - to the plenary, with no filtration or 
judgement, and also to report on any concerns or considerations that might be 
raised in the discussions.  
  
o The mode of engagement by consulting delegations is of exactly the same 
brainstorming natu re as the internal work of the Incubator Groups. Thus, the 
purpose of the consultations is for the consulting delegations to contribute their 
own ideas and suggestions on the topic that the Incubator Group is discussing. 
These consultations thus are not so lely for the Incubator Group participants to 
report to the consulting delegations on their discussions.  
  TN/RL/30  
 
- 3 - 
 
  o There is, therefore, no difference in status or mode of engagement between the 
Incubator Group participants and consulting delegations. Nor is there any 
difference in the status of their respective contributions on any given topic. All of 
those contributions – from all sources - must be reported back to the plenary on 
an equal footing.  
 
o The analysis and debate on the merits of all of the ideas and sugg estions will take 
place exclusively in the plenary process.  
  
o The "context from prior discussions" element in the table listing the topics to be 
discussed is intended only as a reminder, and is not intended to constrain either 
the discussion of the topic by the Incubator Group in question, or the ideas and 
suggestions it may develop.  
  
o The ideas and suggestions to be reported back by each Incubator Group to the 
plenary process shall be without attribution .  
  
o Any delegation wishing to submit ideas or sugg estions to an Incubator Group 
anonymously  can do so through the Secretariat.  
  
o Nothing reported back by Incubator Groups will be automatically included into the 
texts in the /274 document. Rather, the outputs of the Incubator Groups are 
intended to serve as potential inspiration and reference for the open -ended text -
based discussions  and other substantive work of the Negotiating Group.  
  
o If necessary, in particular to accommodate the participation of capital -based 
officials, representation can be on a 1 + 1 basis.  
  
o Specific time blocks are designated for the Incubator Groups to meet  internally and 
to consult with other interested delegations. Each consulting delegation will have 
an individual appointment with the Incubator Group in question. The Secretariat 
will assist the Incubator Groups and consulting delegations with the scheduli ng.  
  
o Specific time blocks are designated within each meeting cluster for the Incubator 
Groups to prepare their reports for the Negotiating Group, and for the Negotiating 
Group to hear and discuss the reports, and the ideas and suggestions that they 
conta in. 
  
o While the NG Chair would not participate in the work of the Incubator Groups, he 
would visit them while they are meeting, to take stock of progress, to ensure that 
the work is proceeding in the intended brainstorming mode, and to provide any 
advice.   
  
o The composition of the Incubator Groups has been adjusted by including a few 
additional delegations as Incubator Group participants, while seeking to maintain 
the overall balance of each Incubator Group.  
 
Orientation meeting for the Incubator Group process  
 
In response to numerous requests made at the 24 July meeting, I will organize, shortly after Jeûne 
Genevois, an orientation meeting  for the Incubator Group process . I will communicate the 
details as soon as possible.  
 
  Review of the Incubator Group proc ess 
 
Regarding the Incubator Group process, as indicated in the above explanations and in the Rules of 
Operation of the Incubator Groups, as Chair I will maintain close contact with the Incubator 
Groups and will be monitoring continuously how well they are  functioning. In response to 
numerous requests made at the 24 July meeting, I also will seek the views of Members concerning 
the functioning of the process.  
 TN/RL/30  
 
- 4 - 
 
  Text-based discussion and additional discussion of issues  
 
Each meeting cluster now incorporates one day for a text -based discussion of particular provisions 
contained in the /274 document. These text -based discussions would come after the reporting 
back by Incubator Groups, so that the substance of those reports, including any ideas and 
suggestions, can be borne in mind during the text based discussion.  
 
The text -based discussions will be in "open -ended small group" format, meaning that all interested 
delegations are invited to attend.  
 
During the November and December clusters, the day following the  text-based discussions will be 
devoted to a further discussion of issues arising in the text -based discussions and of ideas 
generated in Incubator Groups and in the plenary discussion of their outputs.  
 
Designated time slots for introduction and discussion of any new proposals  
 
Time is set aside at each cluster for introduction and discussion of any new proposals in open -
ended session. Time also is set aside for further discussion of proposals introduced at previous 
clusters.  
 
 Streamlining Phase  2 
 
Time is set aside at each cluster for completion of the Streamlining Phase 2 as presented in the 
first draft of the work programme. The time designated for this activity in the November and 
December clusters is on an as -needed basis, and will be reallo cated to other activities if not 
needed for streamlining.  
 
 Technical sessions  
 
Time is allocated at each cluster for a technical session. The topics suggested to date are indicated 
in the schedules for the meeting clusters.  
 
 Time for bilateral meetings  among delegations  
 
Time is set aside at the beginning of each cluster for bilateral meetings among delegations. This 
timing is to accommodate constraints which have been identified on the ability of the capital -based 
officials of some delegations to parti cipate in the entirety of a five -day meeting cluster.  
 
Involvement of Ambassadors  
 
This new revision of the work programme maintains the previously -indicated meeting at the 
Ambassador + 1 level shortly before the September cluster.   
 
 Call for needs -based  financial support for capital -based officials to attend meeting clusters  
 
Members will recall that LDCs and certain other Members made a call at the 24 July meeting for 
financial support for their capital -based officials to attend fisheries subsidies meet ing clusters. As 
the Secretariat does not have the possibility to provide support of this kind, I encourage the 
Members making this call to explore possibilities with potential donor Members.  
 
Suggested additional topics for Secretariat factual papers  (as referred to in in the first draft 
work programme and at the 12 July meeting ) 
 
 Statistics on fish catch by area, by country, by sector (smal l-scale, artisanal, industrial)  
 
 Amount of subsidization going to small -scale, artisanal, and industrial fishing  
 
 Fuel subsidies to the fisheries sector – including from Members' notifications as well as 
OECD statistics on specific and horizontal fuel subsidies to the sector , dual pricing 
schemes, road tax exemptions, export duties , and other export restrictions   
  TN/RL/30  
 
- 5 - 
 
   Contribution to food security by sector (artisanal, small scale, large scale) by zone and 
Member  
  
 Contribution to employment by sector (artisanal, small scale, large scale) by zone and 
Member  
 
 Government support for the acquisition and construction of ves sels, including fleet renewal 
programmes  
 
 Descriptive paper on Regional Fisheries Management Organizations (RFMOs) and Regional 
Fisheries Bodies (RFBs)  
 
 Descriptive paper on RFMOs' IUU vessels lists  
 
 
Specific proposed dates for meetings and meeting clusters  
 
The dates proposed for fisheries subsidies meetings in the September -December period are as 
follows:  
 
Week of 10 September  (exact timing to be determined)   
 Orientation meeting – Incubator Group process  
 
17 September – AM only : Ambassadors + 1  - Fisheries subsidies briefing (date chosen to 
ensure the presence in Geneva of Ambassadors)  
 
18-21 September  – Pre-cluster Incubator Group  meetings  
 
24-28 September - AM and PM : NG Rules fisheries subsidies cluster  
 
30 October -2 November – Pre-cluster Incubator Group meetings  
 
5-9 November - AM and PM : NG Rules fisheries subsidies cluster (dates chosen to maintain the 
interval following the September cluster, and to avoid overlap with the Rules week in late October)  
 
27-30 November  – Pre-cluster Incubato r Group meetings  
 
4-6 December – AM and PM : NG Rules fisheries subsidies cluster  
 
Possible presence of fisheries expert resource persons at the clusters  
 
The Secretariat is exploring the possibilities for having a fisheries expert resource person present  
at the clusters.  
  TN/RL/30  
 
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  NEGOTIATING GROUP ON  RULES  
FISHERIES SUBSIDIES WORK PROGRAMME SEPTE MBER -DECEMBER 2018  
SCHEDULE AND OUTLINE OF ACTIVITIES  
 
(Note: all AM sessions will run from 10:00 to 13:00; all PM sessions will run from 15:00 to 18:00)  
 
 
SEPTEMBER CLUSTER AND RELATED ACTIVITIES  
 
Week of 10 September  (exact timing to be determined)  
 
Orientation meeting – Incubator Group process  
 
Monday, 17 September 2018   
 
AM – Ambassadors + 1 – Briefing  
 
Pre-cluster Incubator Group meetings  
 
Tuesday, 18 September 20 18 – Incubator Group I – AM: internal meeting; PM: opportunity for 
consultations with interested delegations  
 
 TOPIC : 1) List versus effects approach, or hybrid approach  
 
Wednesday, 19 September 2018  – Incubator Group II – AM: internal meeting; PM: opportunity for 
consultations with interested delegations  
 
 TOPIC : 2) Identifying harmful subsidy effects: negative effects on fish stocks; effects on 
fishing capacity; effects on fishing effort  
 
Thursday, 20 September 2018  – Incubator Group III - AM: internal meeting; PM: opportunity for 
consultations with interested delegations   
 
 TOPIC : 3) Approaches to "positive" or "non -harmful" subsidies  
 
Friday, 21 September 2018  – Incubator Group IV - AM: internal mee ting; PM: opportunity for 
consultations with interested delegations internal meeting  
 
 TOPIC : 11) Distinguishing in the disciplines capacity versus overcapacity; fishing activity 
versus overfishing  
 
 
24-28 September 2018 cluster – theme – Transparency, ins titutional arrangements  
 
Monday, 24 September 2018  
 
 AM – Incubator Groups I – IV – preparation of reporting for plenary discussion  
+ 
 Time for bilateral meetings among delegations   
 
 PM – Time for bilateral meetings among delegations   
 
Tuesday, 25 September 2018  
 
 AM – Technical session - Transparency rules in the disciplines – experience -sharing among 
Members  (Open -ended informal)  
 
o Difficulties or issues encountered in notifying fisheries subsidies  
o What is/would be needed to fulfil existing obligati ons TN/RL/30  
 
- 7 - 
 
  o What additional issues would arise in respect of providing proposed new 
information elements  
 
 PM - Thematic discussion – transparency provisions  (Open -ended informal)  
 
o Issues arising from past discussions and existing documents regarding proposed 
transparency provisions, including special and differential treatment  
(Suggested discussion questions to be provided by Chair)  
 
Wednesday, 26 September 2018  
 
 AM - Thematic discussion – institutional arrangements  (Open -ended informal)  
 
o Issues arising from past discussions and existing documents regarding institutional 
arrangements (implementation, surveillance, enforcement)  
(Suggested discussion questions to be provided by Chair)  
 
 
 PM – Incubator Group reports, and discussion  (Open -ended informal)  
 
o Incubator Groups report on their process and present the ideas generated; 
discussion by the Negotiating Group  
 
Thursday, 27 September 2018  
 
 AM/PM - Text-based discussion  – Article s 3.11-3.13, TN/RL/W/274/latest Rev. Capacity 
enhancing/capacity maintaining subsidies, subsidies contributing to overcapacity and 
overfishing  (Open -ended small group)  
 
o All interested delegations are invited to attend  
 
Friday, 28 September 2018  
 
 AM – Streamlining Phase 21 (Open -ended informal)  
 
o The ti me available would be used to make as much progress as possible in 
cleaning the text (for numbering, cross -references, duplication of concepts, etc.). 
The work would carry over to the following clusters , if needed,  until completed.  
 
 PM – Wrap -up session  (Open-ended informal)  
 
o Opportunity to introduce new proposals, as needed.  
 
o Wrap-up session, including opportunity to raise other fisheries subsidies issues  
 
  
                                                
1 The basis of the Streamlining Phase 2 work will be a room document, to be circulated in advance, 
containing all streamlined texts from TN/RL/W/274/Rev.5 plus all other elements in the /29 document that had 
not by then been brought into the /274 document. Cross -references and apparently duplicated concepts will be 
highlighted. The validated text resulting from this process will become a further revision of the /274 document.  TN/RL/30  
 
- 8 - 
 
  NOVEMBER CLUSTER AND RELATED ACTIVITIES  
 
Pre-cluster Incubator Group meetings  
Tuesday, 30  October 2018  – Incubator Group I - AM: internal meeting; PM: opportunity for 
consultations with interested delegations  
 
 TOPICS: 9) Identifying overfished stocks or determining overfished condition  
16) Applicability of disciplines to on -shore activities (i n addition to at -sea activities)  
 
Wednesday, 31  October 2018  – Incubator Group II - AM: internal meeting; PM: opportunity for 
consultations with interested delegations   
 
 TOPICS: 10) References, if any, to fisheries management in the disciplines  
  15) Appli cability of disciplines to at -sea activities  
 
Thursday, 1 Novem ber 2018  – Incubator Group III - AM: internal meeting; PM: opportunity for 
consultations with interested delegations   
 
 TOPICS: 14) Subsidies for fishing in high seas areas/for species that are not under 
management by an RFMO  
17) Transparency provisions  
 
Friday, 2  November 2018  – Incubator Group IV - AM: internal meeting; PM: opportunity for 
consultations with interested delegations   
 
 TOPICS: 6) Relationship between stock assessment or appraisal (however performed) and 
fishing limits set (quotas, days, etc.)  
18) Role in the disciplines for outside expertise  
 
5-9 November 2018 cluster  
 
Monday, 5 November 2018  
 
 AM – Incubator Groups I -IV – preparation of reporting for plenary discussion  
   + 
 Time for bilateral meetings among delegations  
 
 PM – Time for bilateral meetings among delegations  
 
Tuesday, 6 November 2018  
 
 AM – Technical session – Subsides and their link to the situation of a given fish stock : 
presentations by Members and outside experts, information -sharing among Members  
(Open -ended informal)  
 
 PM – Incubator Group reports, and discussion  (Open -ended informal)  
 
o Incubator Groups report on their process and present the ideas gene rated; 
discussion by the Negotiating Group  
 
Wednesday, 7 November 2018  
 
 AM/PM – Text-based discussion  – Article s 3.6-3.8, TN/RL/W/274/latest Rev., Overfished 
discipline (Open -ended small group)  
 
o All interested delegations are invited to attend  
 TN/RL/30  
 
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  Thursday,  8 November 2018  
 
 AM/PM – (Open -ended informal)  
 
Further discussion of issues arising from text -based discussion and of ideas generated in 
Incubator Groups and in plenary discussion of their outputs to date (September and 
November clusters)  
  + 
Further d iscussion of any previously -introduced new proposals  
 
Friday, 9 November 2018  
 
 AM – Streamlining Phase 2 as needed and/or Opportunity to introduce new proposals 
(Open -ended informal)  
 
o The time available would be used to make as much progress as possible in 
cleaning the text (for numbering, cross -references, duplication of concepts, etc.). 
The work would carry over to the following cluster , if needed, until completed.  
 
o Opportunity to introduce new proposals, time permitting and as needed  
 
 
 PM –Wrap-up session  (Open -ended informal)  
 
o Opportunity to introduce new proposals, as needed (if insufficient time in AM 
session).  
 
o Wrap-up session, including opportunity to raise other fisheries subsidies issues  
  TN/RL/30  
 
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  DECEMBER CLUSTER AND RELATED ACTIVITIES  
 
Pre-cluster Incubator Group meetings  
 
Tuesday, 27 November 2018  – Incubator Group I - AM: internal meeting; PM: opportunity for 
consultations with interested delegations   
 
 TOPICS:  4) Recognition by a subsidizing Member of an IUU determination, in respect of 
one of its  flagged vessels, made by an RFMO  
5) Recognition by a subsidizing Member of an IUU determination, in respect of one 
of its flagged vessels, made by a coastal state Member  
 
Wednesday, 28  November 2018  – Incubator Group II - AM: internal meeting; PM: opportu nity for 
consultations with interested delegations   
 
 TOPIC: 13) Whether the disciplines should make any distinctions among different RFMOs  
 
Thursday, 29  November 2018  – Incubator Group III - AM: internal meeting; PM: opportunity for 
consultations with inte rested delegations   
 
 TOPIC: 7) Definition of IUU/standard for IUU determinations  
8) Approaches to referring to different scales of fishing activity (e.g., small -scale, 
artisanal, industrial)  
 
Friday, 30  November 2018  – Incubator Group IV - AM: internal mee ting; PM: opportunity for 
consultations with interested delegations   
 
 TOPIC:12) Reach/coverage of IUU disciplines  
 
3-7 December 2018 cluster  
 
Monday, 3 December 2018  
 
 AM – Incubator Group I -IV – Preparation of reporting for plenary discussion  
  + 
Time for bilateral meetings among delegations  
 
 PM – Time for bilateral meetings among delegations  
 
Tuesday, 4 December 2018  
 
 AM – Technical session  - Social and economic role of artisanal and small -scale fisheries in 
developing countries  - Presentations b y Members/outside experts, information -sharing 
among Members (Open -ended informal)   
 
 PM – Incubator Group reports, and discussion  
 
o Incubator Groups report on their process and the ideas generated; discussion by 
the Negotiating Group (Open -ended informal)  
 
Wednesday, 5 December 2018  
 
 AM/PM – Text-based discussion  – Article 3.1, TN/RL/W/274/latest Rev., IUU fishing (Open -
ended small group)  
 
o All interested delegations are invited to attend  
 TN/RL/30  
 
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  Thursday, 6 December 2018  
 
 AM/PM – (Open -ended informal)  
  
Further discussion of ideas arising from text -based discussions and of generated in 
Incubator Groups and in plenary discussions of their outputs to date (September, 
November and December clusters )  
 + 
Further discussion of any previously -introduced new pro posals  
 
 
Friday, 7 December 2018  
 
 AM –Streamlining Phase 2 as needed, and/or Opportunity to introduce new proposals 
(Open -ended informal)  
 
o The time available would be used , as needed,  to make as much progress as 
possible in cleaning the text (for numbering, cross -references, duplication of 
concepts, etc.).  
 
o Opportunity to introduce new proposals, time permitting and as needed  
 
 PM –Wrap-up session  (Open -ended informal)  
 
o Opportunity to introduce new proposals, as needed (if insufficient time in AM 
session)  
 
o Wrap-up session, including opportunity to raise other fisheries subsidies issues  
   TN/RL/30  
 
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  Incubator Groups  
 
Rules  of Operation  
 
Purpose and specific objective  
 
 The purpose of the Incubator Group process is to generate ideas aimed at bridging gaps 
and increasing convergence. The purpose is not to restate or discuss delegations' 
positions, as these are well -known and understood. The Incubator Groups are not 
negotia ting bodies.  
 The specific objective of each Incubator Group is to develop, for each topic  assigned to it, 
a range of possible options to be reported back in plenary sessions of the Negotiating 
Group, for further discussion there.  
 The " context from prior d iscussions " provided in the table below containing the non -
exhaustive list of topics is intended only as a reminder of issues as expressed in the texts 
and prior discussions. It is in no way intended to constrain the nature or scope of the 
discussion  of an y topic, nor to constrain the ideas and suggestions related to that topic 
that may be developed in the Incubator Group in question.  
 Special and differential treatment considerations are to be taken up in an integrated 
manner, as relevant, in the discussio n of each assigned topic.  
 All ideas and suggestions developed in the Incubator Groups, including all that have been 
contributed by consulting delegations, are to be reported back in plenary, without 
attribution .  
 
 It is neither necessary nor expected that the Incubator Groups as a whole reach 
agreement on the ideas and suggestions, nor could Incubator Groups take decisions on 
any matter before the Negotiating Group.  
  
 The ideas and suggestions reported by the Incubator Groups in plenary will not be 
automat ically introduced into the texts in the /274 document. Instead, these Incubator 
Group outputs are intended as potential inspiration and reference for the open -ended text -
based discussions and other substantive work of the Negotiating Group as a whole.  
 
Mode of engagement by participants  
 
 Nomination to each Incubator Group is on the basis of individual delegations, rather than 
groups of delegations.  
 To foster a brainstorming atmosphere, each delegation that is part of an Incubator Group 
should be represente d by a single participant. This does not always have to be the same 
individual. If necessary, in particular to accommodate the participation of capital -based 
officials, representation can be on a 1 + 1 basis.   
 Participation in an Incubator Group is subject  to the condition that each participant be both 
empowered and prepared to engage in a genuine brainstorming, idea -floating mode.  
 To that end, participation in the Incubator Groups is on a "without prejudice " basis. The 
suggestions made and other contribut ions to the discussion by any participant or 
consulting non -participant shall be understood as individual contributions for the purpose 
of discussion unless presented as reflecting the position of the delegation in question.  
 Any delegation wishing to subm it ideas or suggestions to an Incubator Group on an 
anonymous basis can do so through the Secretariat.  
 To ensure productive discussions, each participant in an Incubator Group should come to 
each meeting with specific solution -oriented ideas on the assign ed topic, to share and 
discuss in the Incubator Group.  
 Each participant in an Incubator Group also should be ready to explore in an open -minded 
way the ideas of the other participants, and of consulting delegations.  
  TN/RL/30  
 
- 13 - 
 
  Mode of engagement for other delegations consulting with an Incubator Group  
 
 The purpose of providing opportunities for delegations to consult with Incubator Groups in 
which they are not participants is to allow consulting delegations to make contributions to 
and provide inputs  into t he idea -generating work of the Incubator Groups.  
 That is, the purpose is not for the consulting delegations to restate or discuss their 
positions, nor for Incubator Groups to limit consultations to informing the consulting 
delegations.  
 The mode of engage ment by consulting delegations therefore is of exactly the same 
brainstorming nature as the internal work of the Incubator Groups.  
 Consulting delegations therefore should bring to the Incubator Group ideas and 
suggestions for bridging gaps, and should be prepared to engage in discussion with the 
Group on that basis, in respect of the topic under discussion in the Group.  
 
 There is no difference in status or mode of engagement between the Incubator Group 
participants and the consulting delegations. Nor is th ere any difference in status between 
their respective contributions on a topic.  
 
 Any delegation wishing to submit ideas or suggestions to an IG on an anonymous basis 
can do so through the Secretariat.  
  
 To maintain the Incubator Groups' brainstorming atmo sphere during the visits of 
consulting delegations, each visiting delegation will have an individual appointment for its 
visit. If necessary, in particular to accommodate the participation of capital -based officials, 
representation can be on a 1 + 1 basis . 
 
 The Secretariat will assist the Incubator Groups and consulting delegations with scheduling 
the visits.  
  
 
Organization of the work of the Incubator Groups  
 
 Each Incubator Group is free to decide the specifics of organizing its work.  
 Each Incubator Group will need to select a rapporteur, either one individual for all assigned 
topics, or one individual per topic.   
 The rapporteur will report at the plenary sessions of the Negotiating Group, without 
attribution, on the points raised on e ach topic, and in particular on all ideas and 
suggestions discussed in the Incubator Group – whether originating within the Group or 
raised by a consulting delegation. The reports also shall reflect any concerns or other 
considerations raised in the discus sions.  
 
Role of the Negotiating Group Chair  
 
 The NG Chair will visit all Incubator Groups while they are meeting, to take stock of 
progress, to ensure that the work is proceeding in the intended brainstorming mode, and 
to provide advice as requested.  
 The NG Chair will neither Chair nor take part in the Incubator Groups' discussions.  
 The Chair will consult with the Groups intersessionally as needed.  
 
* * * *  
  TN/RL/30  
 
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Composition of Incubator Groups  
 
 
Incubator Group I  Incubator Group II  Incubator Group III  Incubator Group IV  
Colombia  
St. Lucia2  
Egypt  
El Salvador  
India 
Korea, Rep. of  
New Zealand  
Norway  
Thailand  
 
 Argentina  
Australia  
Canada  
Chile 
Guatemala  
Iceland  
Philippines  
Senegal  
Sri Lanka  
Venezuela , Bolivarian 
Rep. of  
 Brazil  
Haiti  
Indonesia  
Pakistan  
Peru  
Russian Federation  
South Africa  
Chinese Taipei  
Turkey  
United States  
 Bangladesh  
China  
Costa Rica  
Ecuador  
European Union  
Japan  
Morocco  
Oman  
Vanuatu  
 
* * * *  
 
Non-exhaustive list of topics assigned to Incubator Groups  
 
 
TOPIC  CONTEXT FROM PRIOR DISCUSSIONS  
 
NB: S&DT considerations should be 
integrated for each topic as relevant  INCUBATOR 
GROUP  
1)  List versus effects approach, or hybrid 
approach  Potentially relevant to overcapacity / 
overfishing, overfished stocks  
What types of subsid ies would be listed, in a 
list; 
Whether any listed subsidies would be 
illustrative or exhaustive;  
How, specifically, lists and effects could be 
combined into a hybrid approach, and in the 
context of which specific disciplines; etc.  I 
2)  Identifying harmful subsidy effects: 
negative effects on fish stocks; effects on 
fishing capacity; effects on fishing effort  Potentially relevant to overcapacity / 
overfishing, overfished stocks  
Differences, if any, in effects of different kinds 
of subsidies in differ ent contexts;  
Approaches to referring to such effects in the 
disciplines; etc.  II 
3)  Approaches to "positive" or "non -
harmful" subsidies  Mechanism (e.g., list or other);  
Context (e.g., horizontal or for particular 
disciplines);  
How to avoid creating loopholes;  
Whether applicable to all Members, or via 
S&DT; etc.  III 
                                                
2 The delegation of Dominica has been replaced in its capacity as representative o f the Organization of 
Eastern Caribbean States to the WTO by the delegation of St. Lucia.  TN/RL/30  
 
- 15 - 
 
  TOPIC  CONTEXT FROM PRIOR DISCUSSIONS  
 
NB: S&DT considerations should be 
integrated for each topic as relevant  INCUBATOR 
GROUP  
4)  Recognition by a subsidizing Member of 
an IUU determination, in respect of one 
of its flagged vessels, made by an RFMO  Whether such a determination, once made 
known to the subsidizing Member, would 
automatically trigger a subsidy prohibition;  
Whether conditioning this trigger on the 
RFMO having followed its own established 
procedures, which were in accordance with 
the applicable international rules would be 
necessary/sufficient;  
If not, what additional information or 
procedures would be needed before the 
prohibition was triggered;  
Whether there would be any distinction 
between RFMOs to which the subsidizing 
Member was party or cooperating non -party, 
versus those  with which it had no 
relationship;  
How to address the situation where the flag 
state and the subsidizing Member are not the 
same; etc.  I 
5)  Recognition by a subsidizing Member of 
an IUU determination, in respect of one 
of its flagged vessels, made by a  coastal 
state Member  Whether such a determination, once made 
known to the subsidizing Member, would 
automatically trigger a subsidy prohibition;  
If not, what additional information or 
procedures would be needed before the 
prohibition was triggered;  
Wheth er there would be any distinction 
depending on whether the subsidizing 
Member and the coastal state Member had a 
fishing access arrangement;  
If so, how such a distinction would be 
reflected in the disciplines;  
How to address the situation where the flag 
state and the subsidizing Member are not the 
same; etc.  I 
6)  Relationship between stock assessment 
or appraisal (however performed) and 
fishing limits set (quotas, days, etc.)  Whether and how the disciplines should 
address situations where total authorized 
fishing effort exceeds the sustainable level 
established from the assessment or appraisal 
(e.g., in the event of such a gap, would a 
subsidy prohibition be triggered?);  
Contexts in which this would be relevant 
(e.g., only RFMOs, also coastal sta tes); etc.   IV 
7)  Definition of IUU / standard for IUU 
determinations  Whether the disciplines should specify a 
standard for RFMO IUU determinations;  
If so, whether that should be the definition as 
set forth in the FAO IPOA -IUU (2001);  
Whether the disciplines should apply a 
uniform standard to all coastal state 
Members' determinations (e.g., the definition 
in the IPOA -IUU);  
Whether instead the standard in the 
disciplines for coastal state Members' IUU 
determinations should be that specified in 
those  Member's domestic legislations; etc.  III 
8)  Approaches to referring to different 
scales of fishing activity (e.g. small -scale, 
artisanal, industrial)  Whether it is possible to make such 
distinctions in the disciplines in the absence of 
agreed definitions;  
If so, how;  
Contexts in the disciplines, if any, where such 
distinctions would be relevant; etc.  III TN/RL/30  
 
- 16 - 
 
  TOPIC  CONTEXT FROM PRIOR DISCUSSIONS  
 
NB: S&DT considerations should be 
integrated for each topic as relevant  INCUBATOR 
GROUP  
9)  Identifying overfished stocks or 
determining overfished condition  By whom;  
Based on what standards and/or 
methodologies;  
Approaches in the disciplines for multi -species 
fisheries, tropical waters, data -poor 
situations, unassessed stocks;  
Any relevant distinctions in such identification  
depending on geographical location (territorial 
seas, EEZs, high seas);  
Whether the disciplines should explicitly 
address the situation where a coastal state 
Member and an RFMO share management 
responsibility for a given stock or species, and 
they disagr ee regarding the status of the 
stock; etc.  I 
10) References, if any, to fisheries 
management in the disciplines  Context(s) where references would be 
relevant/necessary – e.g., particular 
disciplines, S&DT;  
Applicable standard or basis;  
Nature of references / descriptions in the 
disciplines;  
Operational role in the disciplines; etc.  II 
11) Distinguishing in the disciplines 
capacity vs overcapacity; fishing activity 
vs overfishing  Potentially relevant to overcapacity / 
overfishing, overfished stocks  
Necessity or not of making such distinctions 
in the rules;  
Practical aspects of making such distinctions; 
etc. IV 
12) Reach /coverage of IUU disciplines  Whether the prohibition of subsidies to IUU 
fishing should apply only in respect of the 
vessel involved;  
Whether the prohibition also should apply to 
the operator of the vessel, and if so, the 
breadth of the concept of "operator";  
Duration of the subsidy prohibition, and 
determinants of when IUU fishing has 
ceased/been corrected/been p unished  
- in the case of RFMO listings  
- in the case of determinations by coastal 
state Members; etc.  IV 
13) Whether the disciplines should make 
any distinctions among different RFMOs  If any such distinctions were made, to what 
would they apply – IUU determinations, 
determinations of stock status, setting and 
allocation of fishing rights, etc.;  
The basis for any such distinctions (e.g., 
currently in existence vs future, particular 
recognition process); etc.  II 
14) Subsidies for fishing in high seas areas 
/ for species that are not under 
management by an RFMO  Whether the disciplines should address this 
issue;  
If so, specific situations of this type where 
disciplines would apply, and what those 
disciplines would be; etc.  III 
15) Applicability of disciplines to at -sea 
activities  Limitations, if any, on applicability to any at -
sea activities: e.g., catching or taking, 
processing, at -sea servicing of fishing vessels, 
etc. II TN/RL/30  
 
- 17 - 
 
  TOPIC  CONTEXT FROM PRIOR DISCUSSIONS  
 
NB: S&DT considerations should be 
integrated for each topic as relevant  INCUBATOR 
GROUP  
16) Applicability of disciplines to on -shore 
activities, in addition to at -sea activities  On-shore activities, if any, to which 
disciplines should apply;  
How to distinguish, e.g., "general 
infrastructure";  
Geographic reach of any such disciplines; etc.  I 
17) Transparency provisions  Information requirements beyond those in 
SCM Article 25;  
Rationale for each such requirement; Nature 
of information to address, and/or to 
demonstrate avoidance of, negative 
consequences of subsidies (e.g., contribution 
to overcapacity or overfishing, fish ing/effects 
on overfished stocks, subsidization of IUU 
fishing, etc.); etc.  III 
18) Role in the disciplines for outside 
expertise  
 Whether, if disciplines refer to certain 
technical fisheries concepts, there should be 
provisions for obtaining or relying on outside 
expertise;  
In the context of which specific parts of the 
disciplines this would be relevant, and the 
nature of any such reliance;  
Approaches to referring to this in the 
disciplines; etc.  IV 
 
 
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