TN/RL/GEN/182/Rev.1  
 
20 June 2017  
(17-3295) Page: 1/4 
Negotiating Group on Rules  Original: English  
 
 PRINCIPLES AND ELEME NTS FOR CONCLUDING N EGOTIATIONS ON  
FISHERIES SUBSIDIES RULES IN THE WTO  
SUBMISSION BY GUYANA  ON BEHALF OF THE ACP  GROUP  
Revision  
The following communication, dated 19 June 2017 , is being circulated a t the request of the 
Delegation  of Guyana on behalf of the ACP Group . 
 
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The attached submission is being circulated on behalf of the ACP Group, and proposes certain 
revisions to TN/RL/GEN/182 Principles and Elements for Concluding Negotiations on Fisheries 
Subsidies Rules in the WTO submitted by the ACP Group last year. This submission modifies 
certain elements taking into account further discussions with other Members and clarifications 
provided by the ACP Group to build upon its submission. These include the introduction of new 
paragraphs in the context (2.5 – 2.8); the merging and realignment of the sections on The Scope 
and Structure of the Disciplines; and new elements in the section on special and differential 
treatment.  
 
The ACP Group intends to circulate a text proposal  based on these revised elements and looks 
forward to further engagement with Members toward a decision at the Eleventh Ministerial 
Conference (MC11) in Buenos Aires this year.  
 
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1  INTRODUCTION  
1.1.  The present submission circulated on behalf of t he ACP Group, proposes certain revisions to 
the principles and elements in the negotiations on fisheries subsidies in the Negotiating Group on 
Rules submitted by the ACP Group last year in document TN/RL/GEN/182. This submission 
modifies elements taking in to account further discussions with other Members and clarifications 
provided by the ACP Group to build upon its submission. The ACP Group intends to circulate a text 
proposal based on these revised elements and looks forward to further engagement with Mem bers 
toward a decision at the Eleventh Ministerial Conference (MC11) in Buenos Aires this year.  
2  THE CONTEXT  
2.1.  Fisheries are a crucial source of income and employment, particularly in developing countries, 
and contribute directly to economic growth, food and nutrition security. According to the FAO, fish 
provide more than 3.1 billion people with almost 20% of their average per capita intake of animal 
protein, and the sector supports the livelihoods of between 10 and 12% of the global population. 
For several AC P countries, fish also represent a vital share of total exports and provide critical 
opportunities for value addition, in particular for coastal and island states. Overfishing, however, is 
undermining fisheries ability to play their crucial role in support ing food security and development.  
2.2.  Within this backdrop, stocks are faced with depletion. Today, 58% of the stocks are fished at 
maximum levels with no room to grow, while the share of overfish ed stocks increased from 10% TN/RL/GEN/182/Rev.1  
 
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  in 1974 to over 31% in 2013. Fishe ries subsidies, estimated in 2009 (most recent reported data 
available) at over 35 billion US dollars1, are a major factor contributing to overfishing and 
overcapacity. This is particularly the case for harmful subsidies granted to large -scale industrial 
fishing in areas beyond national jurisdictions, targeting straddling or highly migratory stocks in the 
high seas and close to the exclusive economic zone (EEZ) of developing countries.  
2.3.  At the WTO, fisheries subsidies negotiations follow an original mandate from 20012 "to clarify 
and improve WTO disciplines on fisheries subsidies, taking into account the importance of this 
sector to developing countries " and a supplementary mandate agreed in 20053, under which WTO 
Members were instructed to: "strengthen disci plines on subsidies in the fisheries sector, including 
through the prohibition of certain forms of fisheries subsidies that contribute to overcapacity and 
overfishing […]. Appropriate and effective of special and differential treatment (S&DT) for 
developin g and least developed Members should be an integral part of the negotiations, taking into 
account the importance of th is sector to development priorities, poverty reduction, and livelihood 
and food security concerns" . Finally, paragraph 31 of the Nairobi M inisterial Declaration restates 
the strong commitment of all Members to advance negotiations on the remaining Doha issues 
including rules. The fisheries component has gained traction as important for Members ' sustainable 
development. Ministers also stated that this work shall maintain development at its centre and 
reaffirmed that provisions for special and differential treatment shall remain integral.  
2.4.  In addition to the WTO mandates, Goal 14.6 of the 2030 Sustainable Development Agenda 
aims to prohibit by 2 020 "certain forms of fisheries subsidies which contribute to overcapacity and 
overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated fishing and 
refrain from introducing new such subsidies, recognizing that appropriate and  effective special and 
differential treatment for developing and least developed countries should be an integral part of 
the World Trade Organization fisheries subsidies negotiation ".  
2.5.  Goal 14.7 also provides "[B]y 2030, increase the economic benefits to S mall Island 
Developing States and Least Developed Countries from the sustainable use of marine resources, 
including through sustainable management of fisheries, aquaculture and tourism ". In addition, the 
ACP Group notes that the Food and Agriculture Organi zation (FAO) has identified certain cases 
where unreported and/or unregulated fishing was due to lack of capacity, financial and technical 
assistance to enable capacity constrained developing countries and LDCs to put in place reporting 
mechanisms for thei r own vessels, and regulations. For example, with respect to unregulated 
fishing, the FAO guidance in its International Plan of Action to Prevent, Deter and Eliminate Illegal, 
Unreported and Unregulated Fishing (IPOA), paragraph 3.4 recognizes that "… cert ain unregulated 
fishing may take place in a manner which is not in violation of applicable international law, and 
may not require the application of measures envisaged under " the IPOA.  
2.6.  The capacity issue can become an acute problem should developing countr ies with capacity 
constraints, particularly LDCs, provide any subsidies deemed to fall under these disciplines. 
Therefore, where developing countries, including the LDCs among them, are providing subsidies 
that impact on vessels falling under the unreporte d or unregulated category, specific technical 
assistance and capacity building may be required before the disciplines should be triggered.    
2.7.  The ACP Group reiterates its position that due to the global priority placed on this issue and 
the developmental a nd food security impact on developing country fisheries industries, the Group 
does not support linkages to other rules areas in WTO negotiations.   
2.8.  The ACP Group also wishes to note the longstanding ACP position that access agreements are 
accords involving  sovereign nations and outside of the remit of the WTO. Therefore, these 
agreements should not be subject to scrutiny in the WTO.  
                                                
1 Sumaila, U. Rashid, Lam, Vicky, Le Manach, Frédéric, Swartz, Wilf, Pauly, Daniel (Fisheries Economics 
Research Unit & Sea Around Us project, UBC Fisheries Centre, Vancouver, B.C., Canada)  Global Fisheries 
Subsidies  (Document prepared for European Parliament Committee on Fisheries), 2013, p. 30.  
2 See WT/MIN(01)/DEC/1.  
3 See Annex D of the Hong Kong Ministerial Declaration WT/MIN(05)/DEC.  TN/RL/GEN/182/Rev.1  
 
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  3  THE PROCESS  
3.1.  In light of the context described above, negotiations aimed at establishing effective 
disciplines on fisheries sub sidies must continue as a matter of priority, within the Negotiating 
Group on Rules leading to a multilateral outcome. Given the urgency facing the international 
community, in particular for developing countries and LDCs with fisheries sectors, and the nee d to 
meet the broader mandate in the 2020 deadline agreed under SDG goal 14.6, negotiations should 
also aim at delivering concrete results for development requiring disciplines that facilitate the food 
security and sustainable development of developing cou ntry fisheries resources. Moreover, 
disciplines by MC11 must deliver on the development dividend on their own merit without being 
hampered by linkages with other negotiating areas.  
4  THE SCOPE AND STRUCT URE OF DISCIPLINES  
4.1.  Overall, negotiations should aim to prohibit fisheries subsidies4 which contribute to 
overcapacity and overfishing, and eliminate subsidies to illegal, unreported and unregulated (IUU) 
fishing.5 
4.2.  Disciplines to be agreed at MC11 in Buenos Aires, should aim to prohibit, at a minimum, the 
following types of subsidies with due regard given to specificities of jurisdictions with multi -species 
catch:  
 Subsidies to fishing vessels or fishing activity negatively affecting fish stocks that are in an 
overfished condition; and  
 
 Subsidies provided to vess els or operators engaged in ille gal, unreported and 
unregulated  (IUU) fishing.  
 
4.3.  In addition to the prohibitions in 4.2, negotiations will need to consider further prohibitions 
on certain subsidies which contribute to overfishing and overcapacity. These pro hibitions should 
target as a priority subsidies provided to large scale commercial or industrial fishing and subsidies 
to fishing activities outside of the Member 's maritime jurisdiction, (i.e. in the high seas or in 
the EEZ6 of another Member).7 At the sa me time, for disciplines on additional prohibitions, and to 
address most developing country and LDC Member concerns, Members should adopt the principle 
that "nothing shall prevent " a developing country or LDC Member from maintaining or granting 
subsidies s uch as those to the following activities:  
 Coastal fishing activities related exclusively to the artisanal, small scale, subsistence8 and 
livelihood of the fishermen and their families within the Member 's territorial waters;  
 
 Fishing activities, which exclu sively exploit fish stocks whose ranges are domestic9 and 
confined to the Members ' EEZ10; and  
 
                                                
4 Negotiations shall  cover subsidies as defined in paragraph 1 and 2 of Article 1 of the WTO Agreement 
on Subsidies and Countervailing Measures. They shall be confined to wild marine capture and shall not apply to 
inland fisheries or aquaculture.   
5 The terms "illegal fishin g", "unreported fishing" and "unregulated fishing" should have the same 
meaning as in paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal 
Unreported and Unregulated Fishing of the United Nations Food and Agricultural Org anization (FAO).   
6 EEZ and jurisdiction in the EEZ is defined by principles found in Part V of the United Nations 
Convention on the Law of the Sea (UNCLOS). Particular reference should be made to the criteria found in 
Article 56. Where any Member is not party to UNCLOS, similar principles on the EEZ adopted in domestic 
legislation may apply.  
7 The scope of prohibited subsidies would only be attributable to Members granting the subsidies  
regardless of the flag(s) of the vessels(s) involved or the applicati on of rules of origin of the fish involved, and 
would not be attributed to Members granting access in their territorial waters or EEZ to foreign subsidized 
vessels including those involved in multi -species catch . 
8 Shall be defined in accordance with natio nal laws and international agreements entered into by the 
coastal State.  
9 Does not refer to freshwater fish.  
10 This provision should apply to fish stocks occurring only within the EEZ of one Member, excluding 
straddling stocks and highly migratory species , within the meaning of Art. 63 and 64 and Annex 1 of the 
UNCLOS.   TN/RL/GEN/182/Rev.1  
 
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   Fishing activities, which exclusively exploit quotas or any other rights, established by a 
regional fisheries management organization (RFMO) or a regional fisheri es management 
arrangement.  
 
4.4.  Disciplines shall not apply to disputed waters issues.  
5  SPECIAL AND DIFFEREN TIAL TREATMENT  
5.1.  In accordance with the mandate, appropriate and effective special and differential treatment 
for developing countries, in particular, LDCs  and SVEs shall be an integral part of any additional 
disciplines and should take into account the importance of the sector to development priorities, 
poverty reduction, livelihood, and food security concerns. Elements for such treatment should 
include the  following:  
 Notwithstanding the prohibitions under 4.2, transition periods, technical assistance and 
capacity building should be provided to address institutional and financial constraints faced 
by developing countries, in the implementation of disciplines  in Section 4, including the 
lack of capacity to establish reporting mechanisms and regulations to prevent unreported 
and unregulated fishing, the need to conduct stock assessments, monitoring, and other 
implementation requirements.  
 Prohibitions other tha n those outlined in 4.2 above should not apply to LDCs and SVEs.  
 Flexibilities in the design and implementation of disciplines.  
 
5.2.  Should transparency and notification requirements be agreed, these must include full 
capacity building and assistance and shou ld be proportionate to the capacity of developing 
countries and not be burdensome.  
6  CONCLUSION  
6.1.  The above principles and elements represent the perspectives of the ACP Group for a 
multilateral and meaningful development outcome on fisheries subsidies rules f or MC11. This 
submission will form the basis for a text proposal forthcoming from the ACP Group. The ACP Group 
hopes that this submission will also contribute to deeper and fuller engagement in the Negotiating 
Group on Rules recognizing that there is limit ed time to achieve the desired goals and mandates 
on fisheries subsidies rules at MC11.  
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