TN/RL/GEN/187  
 
29 May 2017 
(17-2851) Page: 1/4 
Negotiating Group on Rules  Original: English  
 
PROPOSAL FOR DISCIPL INES ON FISHERIES SU BSIDIES  
Communication from  Argentina, Colombia, Costa Rica,  Panama , Peru, and Uruguay  
The following communication, dated 24 May  2017, is being circulated at the request of the 
Delegations of Argentina, Colombia, Cost a Rica, Panama, Peru, and Uruguay . 
 
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Members hereby;  
 
Considering  a growing consensus within the international community has been emerging on the 
need to act to prevent the harmful impacts of certain fisheries subsidies on sustainability of marine 
resources. That understanding was reflected in Paragraph 173 of the outcome document of the 
United Nations Conference on Sustainable Development, 'The future we want' and in the recent 
multilateral mandate of the 2030 Agenda for Sustainable Devel opment of the United Nations, in 
which Heads of State and Government agreed on the Sustainable  Development Goals 
(SDGs)  14.6;  
 
Recognizing the urgent need to eliminate i llegal, unreported and unregulated fishing and prohibit 
certain forms of subsidies that  contribute to overfishing and overcapacity;  
 
Acknowledging that appropriate and effective special and differential treatment for developing and 
least-developed country Members should be an integral part of the World Trade Organization 
fisheries subsidies negotiation;  
 
Fulfilling  the fisheries subsidies ' goals will be the most relevant WTO contribution to trade and 
environment, representing at the same time an important contribution to food security and 
development;  
 
agree to establish effective discipline s on fisheries subsidies as follows1,2:  
 
1  DISCIPLINES3 
1.1.  No Member shall grant or maintain any of the following subsidies4 within the meaning of 
Article 1.1 of the Agreement on Subsidies and Countervailing Measures (SCM) that are specific 
within the meaning of Article 2 of the SCM Agreement:  
                                                
1 This instrument shall have no legal implications regarding, territoriality or delimitation of maritime 
jurisdictions.  
2 Any fish -stock assessment report or any technical report issued by a regional fisheries management 
organization shall only have effects for the purposes of the present instrument and its clauses and shall have 
no legal implications over territorial disputes or delimitat ion of maritime jurisdictions, or be interpreted as a 
change in the position of the parties involved in such disputes with regard to sovereignty or maritime 
jurisdiction, and cannot be invoked as recognition of such organizations on disputed areas.  
3 Excep t for disciplines for IUU fishing, subsidies referred to in this instrument shall not be prohibited 
when limited to the relief of a particular natural disaster, provided that the subsidies are directly related to the 
effects of that disaster, are limited t o the affected geographic area, are time -limited, and in the case of 
reconstruction subsidies, only restore the affected area, the affected fishery, and/or the affected fleet to its 
pre-disaster state, up to a sustainable level of fishing capacity as estab lished through a science -based 
assessment of the post -disaster status of the fishery.  TN/RL/GEN/187  
 
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1.1.1   Related to IUU5 fishing  
Subsidies conferred to any fishing vessel6 or operator7 of a fishing vessel engaged on IUU fishing 
activities. Such fishing vessels or operators shall be determined by:  
 
i. a Regional Fisheries Man agement Organization (RFMO), which the Member is Party 
to; in accordance with the rules and procedures of that organization and; in 
conformity with international and domestic law of the concerned Member; or,  
ii. each Member in accordance to its national legis lation .8,9 
1.1.2   Related to Overfishing  
a. Subsidies for fishing10 that negatively affect11 fish stocks that are in an overfished 
condition.12 
In order to bring any subsidy programs into conformity with the obligations provided in 
this provision, developing and least -developed country Members, that at [the time of 
entry into force/adoption] of this instrument, have not completed; or, need to update  the 
information related to the status of the fish stocks in the fishery for which the subsidy is 
provided, shall be grant ed with a period of time of [X] and [Y] years, respectively, after 
entry into force, subject to comply with the transparency section provided below in 
paragraph 2.3.  
 
b. Subsidies given to vessels or operators fishing in areas beyond national jurisdiction, 
which are not aimed  to fulfill a quota or a right established by a RFMO13. 
                                                                                                                                                  
4 For the purposes of this instrument, a subsidy shall be attributable to the Member granting it, 
regardless of the flag of the vessel involved.  
5 For the purpose of th is instrument, the term "illegal, unreported and unregulated fishing " is to be 
understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing (2001 IUU Fish ing Plan of Action) of the UN Food and 
Agricultural Organization (FAO), adopted in Rome, 2001.  
6 The term "vessels " refers to any vessel, ship or other type of boat used for, equipped to be used for, 
or intended to be used for fishing or fishing related a ctivities.  
7 If an operator has more than one fishing vessel, this provision will only be applicable to that fishing 
vessel engaged in IUU activities.  
8 The determination made by a Member of a fishing vessel or operator having engaged on IUU fishing 
activities may include vessels of such flag State and/or vessels of a third country flag State when those fishing 
vessels have been found on IUU fishing activities within waters under the national jurisdiction of the Member 
making the determination.  
9 Lists of fishing vessels or operators issued by RFMOs which a Member is not Party to, may be 
recognized by such a Member.  
10 The term "fishing " means searching for, attracting, locating, catching, taking or harvesting fish or any 
activity which can reasonably be ex pected to result in the attracting, locating, catching, taking or harvesting of 
fish. 
11 The negative effect of such subsidies shall be determined based on the best scientific evidence 
available to that Member.  
12 For the purposes of this Article, a fish sto ck is overfished if the stock is at such a low level that 
mortality from fishing needs to be restricted to allow the stock to rebuild to a level that produces maximum 
sustainable yield or alternative reference points based on the best scientific evidence a vailable to the Member 
within its jurisdiction or to the relevant RFMO.  In the cases of straddling and highly migratory fish stocks, 
shared among Members, the evaluation related to the fish stocks in the fishery for which the subsidy is 
provided shall be m ade pursuant cooperation of the Members involved.  
13 Subsidies allowed under this provision do not include those subsidies granted to maintain vessels 
fishing in areas beyond national jurisdiction, without returning to the jurisdiction of the subsidizing Me mber 
within [x days] counted after the day of departure.  TN/RL/GEN/187  
 
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  1.1.3   Related to Overcapacity14,15 
a. Subsidies that increase or allow to maintain the marine fishing capacity of a fishing 
vessel or a fishing fleet of vessels or support the acquisition of equi pment that increases 
or maintains the ability of a fishing vessel or a fishing fleet of vessels to find fish;  
b. Subsidies that support the construction, importation or transference of fishing vessels or 
any other form of increasing a fishing fleet of vessels .  
1.1.4   Small -Scale artisanal fishers  
Except for disciplines for IUU fishing, in waters under national jurisdiction of a Member, disciplines 
shall not be construed or applied in a manner that prevents small -scale artisanal fishers16 to 
access marine resources an d markets.  
 
2  TRANSPARENCY  
2.1.  In order to enable effective surveillance of subsidies elimination, Members shall notify as part 
of their regular notifications under Article 25.3 of the Agreement on Subsidies and Countervailing 
Measures the following information . In particular, but not limited to:  
a. fleet capacity in the fishery for which the subsidy is provided;  
b. operators and fishing vessels, for which the subsidy is provided;  
c. kind of subsidies provided and amounts granted;  
d. programme name;  
e. legal authority for the  programme;  
f. catch data by species in the fishery for which the subsidy is provided;  
g. status of the fishery for which the subsidy is provided (for example, overexploited, 
depleted, fully exploited, recovering or underexploited);  
h. conservation and managemen t measures in place for the relevant fish stock;  
i. total imports/export per species;  
j. fuel subsidies.  
 
2.2.  Members shall make this notification within one year after [the entry into force/adoption] of 
this instrument. In the case of developing and least -develope d country Members the information 
requested in paragraph 2.1 shall be submitted to the Committee on Subsidies and Countervailing 
Measures (SCM Committee) within [the entry into force/adoption] of this instrument, 2 years and 
4 years, respectively.  
2.3.  Within the six months after [the entry into force/adoption] of this instrument, Members that 
have not completed; or, need to update the information related to the status of the fish stocks in 
the fishery for which the subsidy is provided, shall inform the SCM Com mittee . 
3  TECHNICAL COOPERATIO N  
3.1.  Members agree to implement an effective scheme of cooperation to help developing and 
least-developed country  Members to acquire capacity building in the form of technical assistance in 
order to fulfill their commitments. This  scheme could include bilateral and regional cooperation as 
well as technical assistance from relevant international organizations.  
3.2.  The provision of technical cooperation and capacity building under this instrument will be 
notified by providing Members and  reviewed in the SCM Committee. The WTO shall cooperate with 
the FAO and UNCTAD in the provision of technical assistance under this Article.   
                                                
14 Disciplines related to overcapacity shall be restraint to areas beyond national jurisdiction.  
15 Subsidy programs of Members aimed to fulfill a quota or a right established by an RFMO shall not be 
covered by this provision.  
16 Small -scale artisanal fishers should be interpreted and applied in accordance with national legal 
systems of the Member concerned, taking into account the "Voluntary Guidelines for Securing Sustainable 
Small -Scale Fisheries in the Context of Food Security and Poverty Eradication " of the FAO (the SSF Guidelines).   TN/RL/GEN/187  
 
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  4  REVIEW CLAUSE  
4.1.  The SCM Committee should hold an annual special session to evaluate the progress in the 
implementat ion of the agreed disciplines and make recommendations for their future 
improvements.  
Geneva, 29 May 2017  
 
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