WT/MIN(15)/W/19  
JOB/AG/49  
 
18 November 2015  
(15-6101)  Page: 1/7  
Committee on Agriculture 
Special Session  Original: English  
 
SPECIAL SAFEGUARD MECHANISM FOR DEVELOPING COUNTRY MEMBERS 
SUBMISSION BY THE G-331 
Ministerial Decision of 18 December 2015, Nairobi, Kenya  
The following Joint Proposal, dated 18 November 2 015, is being circulated at the request of the 
aforementioned supporting Members.  
_______________ 
The Ministerial Conference, 
Having regard  to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization (the "WTO Agreement"); 
Desiring  to amend the Agreement on Agriculture to provide for [additional special safeguard 
mechanisms for developing countries]; 
Acknowledging  the need to safeguard developing country Members from the heightened 
volatilities and instabilities in agriculture since the global food crisis in 2008 due to increased 
vulnerabilities to natural calamities and the trad e distortions induced by high subsidization and 
export measures that curtail the productive capacities of these Members, reverse their development gains, hinder competitiveness and realization of their full potential; 
Noting  that greater stability and sustainability in investment, production and trade in developing 
country Members benefits all including producers,  traders, and consumers which drives global 
demand for goods and services and propels global growth and development; 
Having regard  also to paragraph 42 of Annex A of the "July Framework" adopted by the 
General Council
2 in August 2004 and paragraph 7 of the Hong Kong Ministerial Declaration 
in December 20053, in particular the mandate to establish a special safeguard mechanism, herein 
after referred to as the "SSM", for developing  country Members based on price and quantity 
triggers; 
Recognizing  the critical importance of instituting an accessible and effective trade remedy tool, 
i.e. the SSM, that is responsive to the needs and conditions of developing country Members in 
addressing volatilities and instabilities causing import surges and price depressions which, if not 
immediately and effectively addressed as they occur, undermine poverty reduction efforts, livelihood and food security, and rural de velopment in developing country Members; 
                                               
1 Without prejudice to the position of Peru and Pakistan. Guatemala is consulting with its authorities at 
the capital, so it cannot support this document at this moment. 
2 WT/L/579. 
3 WT/MIN(05)/DEC. WT/MIN(15)/W/19 • JOB/AG/49 
 
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  Reaffirming our commitment  under paragraph 13 of the Doha Development Agenda4, which 
provides inter alia  that special and differential treatment for developing country Members shall be 
an integral part of all elements of the negotiations to enable developing country Members to effectively take account of their development needs, including food security and rural 
development; 
Decides  as follows: 
1. The Agreement on Agriculture shall be amended by inserting a new Article 5 bis as provided 
in Attachment 1 to this Decision. 
2. The Protocol of Amendment contained in Attach ment 2 to this Decision is hereby adopted. 
3. This decision, and the resulting amendment, will not form part of the negotiations referred 
to in paragraph 45 of the Doha Ministerial Declaration. 
4. [The Protocol of Amendment shall remain op en for acceptance [until 31 December 201_]]. 
5. The Protocol shall enter into force in accordance with Article X:3 of the WTO Agreement. 6. Pending entry into force of the Protocol and the amendment, developing country Members 
may use the special safeguard mechanisms as contained in 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 4 and 5 of the Agreement 
on Agriculture with respect to any use by that  Member of these special safeguard mechanisms. 
                                               
4 WT/MIN(01)/DEC/1 . WT/MIN(15)/W/19 • JOB/AG/49 
 
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  ATTACHMENT 1 
ARTICLE 5 bis 
Special Safeguard Mechanism fo r Developing Country Members 
1. A Member shall have recourse to volume-based and price-based special safeguard 
mechanism (the "SSM") as defined hereunder. The SSM shall have no a priori  product limitations 
as to its availability, i.e. it can be invoked for all tariff lines that are 'self-designated' in the Schedule of the Member with the symbol "SSM" or listed under a yearly notification by the Member 
to the Committee on Agriculture.
5 In no circumstances may any product be, however, subject to 
the simultaneous application of price – and volume-based safeguards. Nor shall there be 
application of either of these measures if the SSG under Article 5; a measure under GATT Article XIX; or a measure under the Agreement on Safeguards is in place. 
2. As regards the volume-based SSM, it shall be applied on the basis of a moving average of 
imports in the preceding three-year period, hereafter "base imports". On this basis, the applicable triggers and remedies shall be set as follows: 
a. Where the volume of imports during any year  exceeds 110% but does not exceed 115% 
of base imports, the maximum additional duty that may be imposed on applied tariffs shall not exceed 25% of the current bound tariff or 25 percentage points, whichever is 
higher; 
b. Where the volume of imports during any year  exceeds 115% but does not exceed 135% 
of base imports, the maximum additional duty that may be imposed on applied tariffs shall not exceed 40% of the current bound tariff or 40 percentage points, whichever is 
higher; 
c. Where the volume of imports during any year exceeds 135% of base imports, the 
maximum additional duty that may be imposed on applied tariffs shall not exceed 50% 
of the current bound tariff or 50 percentage points, whichever is higher; 
d. The foregoing SSM triggers shall apply to all developing country Members, except for the 
Members hereunder to which the following triggers shall apply:  
i. For least-developed country Members (the "LDCs"): for the trigger in paragraph 2.a 
above, where the volume of imports during any year exceeds 105% but does not exceed 110% of base imports; for the trigger under paragraph 2.b above, where the volume of imports during any year exceeds 110% but does not exceed 115% of base 
imports; and for the trigger under paragraph 2.c above, where the volume of imports 
during any year exceeds 115% of base imports; 
ii. For Members
6 referred to in footnote 6, the triggers shall be: for the trigger under 
paragraph 2.a. above, where the volume of imports during any year exceeds 110% 
but does not exceed 115% of base imports; for the trigger under paragraph 2.b above, where the volume of imports during any year exceeds 115% but does not 
exceed 120% of base imports; and for the paragraph 2.b above, where the volume 
of imports during any year exceeds 120% of base imports; and 
                                               
5 The notification shall be made as far in advance as  may be practicable in any event within 10 days of 
the first month of any given twelve-month period. Th is provision shall only apply to Members whose SSM 
entitlements are not in their schedules. 
6 The Members that, in the period 1999 to 2004, had an average share of (a) world merchandise trade 
of no more than 0.16% or less, and (b) world trade in non-agricultural products of  no more than 0.1% and 
(c) world trade in agricultural products of no more than 0.4%. For purposes of the SSM, other Members that 
are "10 most vulnerable" to climate change as determ ined in the United Nations are also covered by the 
provision. WT/MIN(15)/W/19 • JOB/AG/49 
 
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  iii. For developing country Members7 other than those referred to in the preceding 
paragraphs: for the trigger under paragraph 2.a above, where the volume of imports during any year exceeds 110% but does not exceed 115% of base imports; for the trigger under paragraph 2.b above, where the volume of imports during any year 
exceeds 115% but does not exceed 130% of base imports; and for the trigger under 
paragraph 2.c above, where the volume of imports during any year exceeds 130% of base imports. 
e. Where, formally, the above triggers are met, but the absolute level of imports is 
manifestly negligible in relation to domestic production and consumption, the said remedies may not be applied. 
3. Imports under any scheduled tariff rate quota commitment may be counted for the purpose 
of determining the volume of imports required for invoking the volume-based SSM, except where 
a volume increase is entirely attributable to a scheduled tariff rate quota increase under a further agreement, but no additional duty shall be imposed on imports within such tariff rate quota 
commitments. 
4. As regards the price-based SSM, it shall be applicable where the c.i.f. import price 
(the "import price") of the shipment
8 entering the customs territory of the developing country 
Member, expressed in terms of its domestic currency falls below a trigger price9 equal to 90% of 
the average monthly price (the "reference price"10) for that product for the most recent three-year 
period preceding the year of importation for which data are available. Where the developing country Member's domestic currency has at the time of importation depreciated by at least 10% 
over the preceding 12 months against the international currency or currencies against which it is 
normally valued, the import price shall be comp uted using the average exchange rate of the 
domestic currency against such international currency or currencies for the three-year period 
referred to above. 
5. The price-based SSM remedy shall apply on a shipment-by-shipment basis. The additional 
duty shall not exceed the difference between the import price of the shipment concerned and the 
trigger price. 
6. Developing country Members may not take recourse to the price-based SSM where the 
volume of imports of the products concerned in the current year is manifestly declining, or is at a manifestly negligible level incapable of undermining the domestic price level. 
7. The calculation of volume and price triggers and the application of volume-based and 
price-based SSM shall be in accordance with the following: 
a. Subject to the conditions under paragraph 7.b hereunder, the Member shall apply the 
SSM on MFN-trade only if the said Member has excluded in the calculation of triggers, 
all imports under its preferential trading arrangements. Conversely, the SSM shall be applied to all trade if the said Member has included in the calculation of triggers, 
all imports from all origins; or 
b. The decision whether to include imports under and apply the measures to the 
preferential trading arrangements shall be guided by the agreement therein. In the 
absence of such an agreement in a prefer ential trading arrangement, the importing 
developing country Member shall have the op tions provided under paragraph 7.a above. 
                                               
7 Developing country Members with average bound tariff of not greater than 40% in 2015. 
8 A shipment shall not be consider ed for purposes of paragraph 4 herein unless the volume of the 
product included in that shipment is within the range of  normal commercial shipments of that product entering 
into the customs territory of the importing developing country Member. 
9 The trigger price shall be publicly disclosed and available to the extent necessary to allow other 
Members to assess the addition al duty that may be levied. 
10 The reference price used to invoke the provisions  of this paragraph shall be the average monthly 
c.i.f. unit value of the product concerned. WT/MIN(15)/W/19 • JOB/AG/49 
 
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  8. Imports from Members referred to in paragraph 2.d.i and the listed Members, referred to in 
footnote 6, in annex ___ hereto shall be exempt  from the application of the SSM, except where 
the volume increase or import surge is caused exclusively and entirely by imports from one or more of the listed Members. 
9. Any shipments of the product in question which,  before the imposition of the additional duty 
under the volume-based SSM, have been contracted for and were en route
11 after completion 
of custom clearance procedures in the exportin g country member shall be exempted from any 
such additional duty, provided that where a volume-based SSM may be applicable in the next 
twelve-month period, the shipment of the product in  question may be so counted in that period for 
the purposes of triggering the SSM. 
10. The volume-based SSM may be maintained for a maximum duration of 12 months from the 
initial invocation of the measure, unless a seasonal product is involved, in which case the SSM 
shall apply for a maximum of six months or to cover the period of actual seasonality, whichever is longer. For the next immediate consecutive period, the three-year moving average shall be 
inclusive of that immediately preceding period of imports when the SSM was in place. 
The volume-based SSM shall be applied for no more than XX consecutive periods after which the SSM may not be reintroduced prior to the end of the next twelve-month period immediately 
succeeding the last application period.  
11. The operation of the SSM shall be carried out in a transparent manner and the basis upon 
which on-going calculations of moving averages of import volumes and prices shall be accessible to all Members so that they can be fully informed of the basis upon which any potential actions 
may be taken. Any developing country  Member taking action shall give notice in writing, indicating 
the tariff lines affected by the additional SSM duty and including relevant data, to the Committee on Agriculture as far in advance as may be practicable or, where this is not possible, no later than 
15 days after the implementation of such action . The Member taking action shall afford any 
interested Members the opportunity to consult with it in respect of the conditions of application of such action. 
12. The aforementioned provisions and the remedi es provided in paragraphs 2.a, 2.b and 2.c 
above shall apply even if these result in  exceeding the tariff bindings in 2015
12, subject to the 
following limitations: 
a. For developing country Members other than thos e referred to in paragraphs 2.d.i, 2.d.ii 
and 2.d.iii above, the maximum remedy may exceed the bound tariff in 2015 by XX% or 
XX ad valorem percentage points, whichever is higher, provided the maximum number of products for which this provision would be invoked shall not exceed XX products
13 
covered under paragraph 1 above in  any given twelve-month period. 
b. For other Members14 r e f e r r e d  t o  i n  f o o t n o t e  1 4 ,  a d d i t i o n a l  r e m e d y  o f  X X  a d  v a l o r e m  
percentage points may be applied on top of the maximum level under paragraph 12.a, 
provided the remedy ceilings specified under paragraphs 2.a, 2.b and 2.c shall not be 
exceeded. 
                                               
11 A shipment shall be considered en route  if such shipment, cleared from customs requirements of the 
exporting country Member, was executed before the entr y into force of the SSM me asure or if the SSM has 
been in place, the availability of the applicable volume trigger. In case there is no new applicable trigger or 
a new trigger was published or notified to the WTO prior to the shipment, this shall not be considered as en route . 
12 The final tariff bindings of developing country Me mbers in the Uruguay Round or in their accession to 
the WTO. 
13 For the purpose of this provision a "product " is identified as the HS 6-digit level. 
14 Developing country Members with average bound tariff of not greater than 40% in 2015. WT/MIN(15)/W/19 • JOB/AG/49 
 
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  ANNEX___ 
Developing country Members in the Context of Article 5bis.8 
The listed Member/s hereunder are subject to the provision of Article 5 bis.8: 
1.  
2.  
 
__________  WT/MIN(15)/W/19 • JOB/AG/49 
 
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  ATTACHMENT 2 
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. Article 5 of the Agreement on Agriculture sh all, upon entry into force of this Protocol 
pursuant to paragraph 4, be amended by the insertion of Article 5 bis as set out in the Annex 
to this Protocol. 
2. Reservations may not be entered in respect of any 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.
15 
5. This Protocol shall be deposited with the Di rector-General of the World Trade Organization 
who shall promptly furnish to each Member a cert ified copy thereof and a notification of each 
acceptance thereof pursuant to paragraph 3. 
6. This Protocol shall be registered in accord ance 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. 
 
__________  
                                               
15 For the purposes of calculation of acceptan ces under Article X.3 of the WTO Agreement, 
an instrument of acceptance by the European Union for itself and in resp ect of its member States shall be 
counted as acceptance by a number of Members equal to  the number of member Stat es of the European Union 
which are Members to the WTO.