RESTRICTED  
  
TN/RL/30/Rev.2  
 
14 November 2018  
(18-7172) Page: 1/18 
Negotiating Group on Rules  Original: English  
 
NEGOTIATING GROUP ON  RULES  
FISHERIES SUBSIDIES  
WORK PROGRAMME  
SEPTEMBER – DECEMBER  2018 
Communication from the Chair  
Revision  
The attached revision to the fisheries subsidies work programme reflects the changes to the 
timetable for the December meeting cluster that were agreed by the Negotiating Group at the 
November cluster.  No other changes have been made to the revision of the  work programme 
circulated on 3 October  2018.   
 
As was done for the November cluster, t o facilitate the work of the Incubator Groups, including that 
of the rapporteurs, delegations that are participants in Incubator Groups , as well as visiting 
delegations , are requested to submit to the Secretariat for distribution to the Incubator Groups 
their inputs in bullet point format , along with any comments, by close of business on 
Thursday  22 Novem ber 2018 . When submitting them, delegations are kindly requested to 
indicate whether any such written inputs can be circulated to Members along wi th the Incubator 
Group reports.  
 
Delegations wishing to visit  any Incubator Group(s)  during the pre -cluster meeting period  also are 
requested to so inform the Secretariat by  close of business on Thursday 22 November 2018 .  
 
  TN/RL/30/Rev.2  
 
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  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 July 2018 
communication, form an integral part of the work programme.  
 
Results of the consultations since the meeting of 12 July and of t he discussion at the meeting 
of 24 July 
 
In the consultations held following the 12 July meeting, Members reaffirmed that it is time for the 
work of the Negotiating Group to shift gears into a more substantive mode, and indicated continued 
support for intr oducing some form of less -than-plenary processes into our work stream. More 
specifically, I heard messages of support from a range of delegations for retaining the Incubator 
Group process in some manner and, in that vein, openness to exploring possible rev isions to how 
this process originally was proposed in the first draft work programme. I also heard a general 
acknowledgement from a broad spectrum of delegations that there was value in maintaining, as an 
explicit part of the NG Rules process, a brainstorm ing space, so long as this remains transparent 
and does not become a parallel "negotiating" process.  
 
A number of delegations called for text -based discussions to be included in the work programme, 
and to reduce the profile in the work programme of the In cubator Groups, if retained, for example 
through intersessional work. Some delegations also queried whether the Incubator Groups, if 
retained, could be made somewhat larger. I also heard calls for dedicated space during the clusters 
for introducing and dis cussing new proposals in open -ended meetings, and for reducing the time 
allocated to the Streamlining Phase 2, on the assumption that this can be completed by the end of 
the September cluster. A number of delegations also expressed support for having techn ical sessions 
at each cluster, as well as space for bilateral meetings among delegations. Some delegations also 
requested 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 (contained in document RD/TN/RL/55) 
a revised draft work programme. Following circulation of that revised version, I held additional 
consultat ions with delegations concerning certain aspects of the work programme as proposed. I 
also have taken careful note of the views expressed and issues raised at the meeting of 24 July. On 
the basis of these additional inputs, I have introduced a few new poin ts in the explanations below, 
as well as some clarifications in respect of the Incubator Groups in those explanations and 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.  
 
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 contained in the 20 July revised draft work programme , are retained in this version.  
 
Nature and mix of activities  
 
 Incubator Groups  
 
The Incubat or Groups have been retained as part of the draft work programme. The explanations 
on the following points as reflected in the 20 July revised version, with some additional emphasis 
and clarifications based on views expressed since circulation of that vers ion, 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.  TN/RL/30/Rev.2  
 
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  • All four Incubator Groups w ould meet during these pre -cluster periods, on consecutive days . 
This allows each Group to contribute to the work of each cluster, and allows the full list of 
topics to be addressed by the end of this year, without Incubator Group meetings being he ld 
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 Incubat or Groups 
in each pre -cluster set of meetings relate to the subject of the text -based discussion  that 
has now been introduced 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 con siderations 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 consulting 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 o f exactly the same 
brainstorming nature 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 solely for the Incubator Group participants to report to 
the consulting delegations on their discussions.  
  
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 th e merits of all of the ideas and suggestions 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 constrai n 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 suggestions 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.  
  TN/RL/30/Rev.2  
 
- 4 - 
 
  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 scheduling.  
  
o Specific time blocks are designated within each meeting cluster for the Incubator 
Groups to prepare their reports for the N egotiating Group, and for the Negotiating 
Group to hear and discuss the reports, and the ideas and suggestions that they 
contain.  
  
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 partici pants, 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 process  
 
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 func tioning. 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.  
 
Text-based discussion and additional discussion of issues  
 
Each meeting cluster now incorporates one d ay 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 b e 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 s et 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 TN/RL/30/Rev.2  
 
- 5 - 
 
  clusters is on an as -needed basis, and will be reallocated to othe r 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 participate 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 financ ial 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 meeting clu sters. 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 referr ed 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 subs idies 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   
  
• Contributio n 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 vessels, 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 m eeting – Incubator Group process  TN/RL/30/Rev.2  
 
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  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  
 
29 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 Incubat or Group meetings  
 
3-7 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 prese nt at 
the clusters.  
  TN/RL/30/Rev.2  
 
- 7 - 
 
  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: opportu nity 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 meeting; 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, institutional 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 obligations  TN/RL/30/Rev.2  
 
- 8 - 
 
  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 i nformal)  
 
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 
enhanci ng/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 time avai lable 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/Rev.2  
 
- 9 - 
 
  NOVEMBER CLUSTER AND RELATED ACTIVITIES  
 
Pre-cluster Incubator Group meetings  
Monday, 29 October 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  
Tuesday, 30 October 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  
 
Wednesday, 31 October 2018  – Incubator Group II - AM: internal meeting; PM: opportunity for 
consultations with interested delegations  
 
• TOPICS: 10) References, if any, to fisheries manag ement in the disciplines  
  15) Applicability of disciplines to at -sea activities  
 
Thursday, 1 November 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 (in addition to at -sea activities)  
 
Friday, 2 November 2018   
 
• AM/PM – Incubator Groups I -IV – preparation of reporting for plenary discussion  
     
• Incubator Groups to provide their reports to the Secretariat not later than 16:30  (for 
circulation to Members)    
 
 
5-9 November 2018 cluster  
 
Monday, 5 November 2018  
 
• 09.00-13.00 – Incubator Groups I-IV – Open-ended informal sessions of Incubator Groups  
(1 hour per Group, in sequence) relating to their work in the September cluster. Opportunity 
for interested delegations to pose questions about the Incubator Groups' reports from the 
September cluster  and to engage in further brainstorming on the topics addressed.     
 
• PM – Time for bilateral meetings among delegations  
 
Tuesday, 6 November 2018  
 
• 09.00-13.00 – Incubator Groups I -IV – Open-ended informal sessions of Incubator Groups  
(1 hour per Group, in sequence). Opportunity for interested delegations to pose questions 
about the Incubator Groups' reports f or the November cluster (circulated on Friday 
2 November) and to engage in further brainstorming on the topics addressed   
 
• 13.15-14.45  – Technical session – Subsides and their link to the situation of a given fish 
stock  (Open -ended informal)  
 
• PM – Incubator Group reports, and plenary discussion  (Open -ended informal)  
 TN/RL/30/Rev.2  
 
- 10 - 
 
  o Incubator Groups report on their process and present the ideas ge nerated; 
discussion by the Negotiating Group  
 
Wednesday, 7 November 2018  
 
• AM/PM – Text-based discussion  – Articles 3.6 -3.8, TN/RL/W/274/Rev. 5, Overfished 
discipline (Open -ended small group)  
 
o All interested delegations are invited to attend  
 
Thursday, 8 N ovember 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 discussion 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 Members will be asked to confirm the changes made and respond to the questions 
raised during the September cluster (on numbering, cross -references, placeholders ), 
as reflected in RD/TN/RL/57/Rev.1.  In addition, the final element of the Phase 2 
streamlining , the work on apparent duplication in the text, will be undertaken in this 
session.  This 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 Confirmation/validation of results of the Phase 2 streamlining completed to date .  
 
o Opportunity to introduce new proposals, as needed (if insufficient time in AM 
session).  
 
o Wrap-up session, including opportunity to raise othe r fisheries subsidies issues  
  TN/RL/30/Rev.2  
 
- 11 - 
 
  DECEMBER CLUSTER AND RELATED ACTIVITIES  
 
Pre-cluster Incubator Group meetings  
 
Monday, 2 6 November 2018  – Incubator Group I II - AM: internal meeting; PM: opportunity for 
consultations with interested 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)  
 
 
Tuesday, 2 7 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  
 
Wedne sday, 2 8 November 2018  – Incubator Group I V - AM: internal meeting; PM: opportunity for 
consultations with interested delegations  
 
• TOPIC:12) Reach/coverage of IUU disciplines  
 
 
Thurs day, 29 Novemb er 2018  – Incubator Group I I - AM: internal meeting; PM: opportunity for 
consultations with interested delegations  
 
• TOPIC: 13) Whether the disciplines should make any distinctions among different RFMOs  
 
 
Friday, 30 November 2018   
 
• AM/PM – Incubator Groups  I-IV – preparation of reporting for plenary discussion  
 
• Incubator Groups to provide their reports to the Secretariat not later than 16:30  (for 
circulation to Members)   
 
3-7 December 2018 cluster  
 
Monday, 3 December  2018  
 
• 10:00 -13:00 - Technical sessio n/workshop  - Social and economic role of artisanal and small -
scale fisheries in developing countries  - Presentations by Members/outside experts, 
information -sharing among Members (Open -ended informal)   
 
• PM – Time for bilateral meetings among delegations  
 
 
Tuesday, 4 December 2018  
 
• 10:00 -17:00 Incubator Group reports, and discussion  
 
o Incubator Groups report on their process and the ideas generated; discussion by 
the Negotiating Group (Open -ended informal)  
 
• 17:00 -18:00  – time for bilateral meetings among delegations  
 
 TN/RL/30/Rev.2  
 
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  Wednesday, 5 December 2018  
 
• AM/PM – Text-based discussion  – (i) Completion of the discussion from November of the 
section of the text on "overfished discipline" ( as reflected in Articles 3.6 -3.8 of 
TN/RL/ W/274/Rev.5 - for clarity of reference ); (ii) Discussion of the text on IUU ( as reflected 
in Article  3.2 of TN/RL/W/274/ Rev.6) (Open -ended small group)  
 
o All interested delegations are invited to attend  
 
 
Thursday, 6 December 2018  
 
• AM/PM – (Open -ended informal)  
 
o Continuation, as needed, of t ext-based discussion  from Wednesday, 
6 Decem ber 2018 (Open -ended small group)  
 
▪ All interested delegations are invited to attend  
  
o Further discussion of ideas arising from text -based discussions and generated in 
Incub ator Groups and in plenary discussions of their outputs to date (September, 
November and December clusters ) – discussion to be organized by sets of topics, to 
be circulated by the Chair  
 
Friday, 7 December 2018  
 
• AM – Continuation, as needed of further disc ussion of ideas arising from text -based 
discussions and generated in Incubator Groups and in plenary discussions of their outputs 
to date (September, November and December clusters ); and/or Opportunity to introduce 
new proposals  (Open -ended informal)  
 
 
• PM – Wrap -up session  (Open -ended informal)  
 
o Opportunity to introduce new proposals, as nee ded (if insufficient time in 
AM session)  
 
o Wrap-up session, including opportunity to discuss organization of work in 2019 and 
opportunity to raise other fisheries subsidi es issues  
 
_______________  
 
 
  TN/RL/30/Rev.2  
 
- 13 - 
 
  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 negotiating 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 discussions " provided in the table below containing the non -
exhaustive list of topics is intended only as a reminder of issues as expr essed in the texts 
and prior discussions. It is in no way intended to constrain the nature or scope of the 
discussion  of any 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 discussion of each assigned topic.  
• All ideas and suggestions developed in the Incubator Groups, including all that have been 
contributed by co nsulting 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 
automatically introduced into the texts in the /274 document. Instead, these Incubator 
Group outputs are intended as potential inspiration a nd 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 represented by a single participant. This does not always have to be the same 
individual. If necessary, in particular to accommodate the partic ipation 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 contributions to the discussion by any participant or consulting 
non-participant shall be understood as individual contributions for the purpo se of discussion 
unless presented as reflecting the position of the delegation in question.  
• Any delegation wishing to submit ideas or suggestions to an Incubator Group on an 
anonymous basis can do so through the Secretariat.  
• To ensure productive discussi ons, each participant in an Incubator Group should come to 
each meeting with specific solution -oriented ideas on the assigned topic, to share and discuss 
in the Incubator Group.  
• Each participant in an Incubator Group also should be ready to explore in an o pen-minded 
way the ideas of the other participants, and of consulting delegations.  
  TN/RL/30/Rev.2  
 
- 14 - 
 
  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 the 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 engagement by consulting delegations therefore is of e xactly 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 there any difference in status between 
their respe ctive 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 atmosphere during the visits of consulting 
delegatio ns, 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 Grou ps 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/Rev.2  
 
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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/Rev.2  
 
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  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/Rev.2  
 
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  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/Rev.2  
 
- 18 - 
 
  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 
 
 
__________