WT/MIN(15)/W/22  
JOB/AG/54  
 
24 November 2015  
(15-6226)  Page: 1/4  
Committee on Agriculture 
Special Session  Original: English  
 
 PROPOSED PERMANENT SOLUTION ON PUBLIC STOCKHOLDING 
FOR FOOD SECURITY PURPOSES 
SUBMISSION BY THE G-331 
Draft Ministerial Decision of 18 December 2015, Nairobi, Kenya  
The following communication submitted by the G-33, dated 24 November 2015, is being circulated 
for consideration by Members.  
_______________ 
 
 The Ministerial Conference, 
 
Having regard  to paragraph  1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization; 
 
Recognizing  the importance of public stockholding for food security purposes for developing 
country Members; 
Noting  the Ministerial Decision of 7 December 2013 on Public Stockholding for Food Security 
Purposes (WT/MIN(13)/38-WT/L/913) dated 11 December 2013 and the General Council Decision 
WT/L/939, dated 27 November 2014 ; 
Decides  that 
 
1. The Agreement on Agriculture shall be amended by inserting a new Annex 6 as provided in 
Attachment 1 to this Decision and for consistency purposes amendments as provided in 
attachment 2.   
2. The Protocol of Amendment contained in Attachment  3 to this Decision is hereby adopted.   
3. [The Protocol of Amendment shall remain open for acceptance [until 31 December 201_]].   
4. The Protocol shall enter into force in accordance with Article X:3 of the WTO Agreement.  
5. Pending entry into force of the Protocol an d the amendment, developing country Members 
may use the provisions under Attachment 1 to this Decision and Members shall not challenge through the WTO Dispute Settlement Mechanism the compliance of a developing 
country Member with its obligations under Articles 6.3 and 7.2(b) of the Agreement on 
Agriculture with respect to any use by that Member of these provisions. 
                                               
1 Without prejudice to the positions of Pakistan and Peru. WT/MIN(15)/W/22 • JOB/AG/54 
 
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  ATTACHMENT 1 
ANNEX 6  
Domestic Support Measures by Developing Country Members:  
Public Stockholding for Food Security Purposes 
Notwithstanding any other provision contained in this Agreement, developing country members 
and Least Developed Country Members shall be eligible to implement current and future 
programmes in respect of public stockholding for f ood security purposes that are consistent with 
the criteria set forth in this Annex. 
1. Programmes for public stockholding for food security purposes shall include: 
a. programmes for the acquisition of foodstuffs at administered prices by the Government 
in developing country Members/Least Developed Country Members with the objective of 
supporting low income or resource poor producers; 
b. programmes for the acquisition of foodstuffs at administered prices by the Government 
in developing country Members/Least Developed Country Members and its subsequent distribution at subsidised prices with the objective of meeting food security 
requirements of urban and rural poor, and of maintaining adequate availability of 
foodstuff and/or ensuring food price stability.  
2. The operation of programmes referred to in paragraph 1 above shall be transparent and 
conducted in accordance with officially published objective criteria or guidelines.  
3. Programmes referred to in paragraph 1 above shall not be required to be accounted for in 
the Aggregate Measurement of Support. 
Notification 
4. Members shall notify programmes maintained under this Annex to the Committee on 
Agriculture on an annual basis.  
 
Other Issues 
(………………….) WT/MIN(15)/W/22 • JOB/AG/54 
 
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  ATTACHMENT 2 
For consistency the following amendments shall be made to the Agreement on Agriculture:  
 Article 6:1: A sentence to be added at the end of the Article that "Exceptions to 
domestic support measures specified in Annex 6 will apply to developing country Members, notwithstanding anything stated in this Agreement ". 
 Article 7:1: Words "and Annex 6" to be added after reference to Annex 2. 
 Article 7:2(a): Words "and Annex 6" to be added after reference to Annex 2 
 Article 7.2(b): A sentence to be added that "This provision shall not apply to 
programmes listed in Annex 6 of the AoA." 
 Article 18.3: Words "or in Annex 6" to be added after reference to Annex 2 
 Annex 3: Opening sentence to be revised to "Subject to the provisions of Article 6 and 
Annex 6…" 
 Footnote 5 of Annex 2: For the purposes of paragraph 3 of this Annex, governmental 
stockholding programmes for food security purposes in developing country Members 
whose operation is transparent and conducted in accordance with officially published 
objective criteria or guidelines shall be considered to be in conformity with the 
provisions of this paragraph, including programmes under which stocks of foodstuffs for 
food security purposes are acquired and released at administered prices. The 
expenditure incurred under such programmes shall be accounted for in accordance with 
Annex 6 of the AoA.  
 WT/MIN(15)/W/22 • JOB/AG/54 
 
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  ATTACHMENT 3 
PROTOCOL OF AMENDMENT 
The Ministerial Conference, 
 Having regard  to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization (the "WTO Agreement"); 
 
Decides  as follows: … 
1. The Agreement on Agriculture shall, upon entry into force of this Protocol pursuant to 
paragraph 4, be amended by the insertion of Annex 6 as set out in the Annex to this 
Protocol.   
2. Reservations may not be entered in respect of an y of the provisions of this Protocol without 
the consent of the other Members. 
3. This Protocol is hereby open for acceptance by Members [until _____]. 
4. This Protocol shall enter into force in accordance with paragraph 3 of Article X of the WTO 
Agreement.
2 
5. This Protocol shall be deposited with the Dire ctor-General of the World Trade Organization 
who shall promptly furnish to each Member a certified copy thereof and a notification of each acceptance thereof pursuant to paragraph 3. 
6. This Protocol shall be registered in accordan ce with the provisions of Article 102 of the 
Charter of the United Nations. 
 
Done at Geneva this (date) day of (month) (year), in a single copy in the English, French and 
Spanish languages, each text being authentic. 
__________  
                                               
2 For the purposes of calculation of acceptances under  Article X.3 of the WTO Ag reement, an instrument 
of acceptance by the European Union for itself and in  respect of its Member States shall be counted as 
acceptance by a number of Members equal to the number  of Member States of the European Union which are 
Members to the WTO.