WORLD TRADE  
ORGANIZATION  TN/RL/GEN/158 
22 May 2008 
 (08-2382) 
Negotiating Group on Rules Original:   English 
  
 
DRAFTING PROPOSAL ON ISSUES RELATING TO ARTICLE III.4 ("SPECIAL AND 
DIFFERENTIAL TREATMENT OF DEVELOPING COUNTRY MEMBERS")  
OF THE FISHERIES SUBSIDIES ANNEX TO THE SCM AGREEMENT  
AS PROPOSED BY THE CHAIR IN TN/RL/W/213 
 
Communication from the ACP and SVEs Groups
 
 
 
 The following communication, dated 16 May 2008, is being circulated at the request of the 
ACP and SVEs Groups.    
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A. I
NTRODUCTION  
 1. This communication focuses on Article III.4 of  the Chair's Text (TN/RL/W/213) which forms 
part of the Special and Differential Treatment for de veloping countries as set out by Article III.  This 
document seeks to initiate a debate within the Negotiating Group on ways to enhance the concepts 
contained in Article III.4.
1   
 
2. Article III.4 currently reads as follows:   
 
"Members shall give due regard to the needs of developing country Members in 
complying with the requirements of this A nnex, including the conditions and criteria 
set forth in this Article and in Article V, and shall establish mechanisms for, and 
facilitate, the provision of technical assistan ce in this regard, bilaterally and/or 
through the appropriate international organizations."   
 
3. In our understanding, Article III.4 is concerned with two specific and inter-related issues:  the 
needs of developing country Members in complying with the requirements of the Fisheries Subsidies 
Annex to the SCM Agreement;  and the provision of technical assistance to developing country 
Members.   
 
B. RATIONALE FOR STRENGTHENING ARTICLE III.4 
 
4. The sponsors of this communication are of the view that the current language of Article III.4 
is a good starting point for discussion but must be strengthened with a view to creating a more effective and operational structure for the provision  of technical assistance to those developing 
countries that would require it.  This is principally  for two reasons.  First, it remains unclear what 
exactly the ramifications of having to "give due re gard to the needs of developing country Members" 
                                                     
 
1 This communication does not prejudice the position of  individual Members, and is without prejudice 
to any other proposals submitted by the sponsors of this document.   TN/RL/GEN/158 
Page 2  
 
  will be in practice.  Second, the conditions unde r which technical assistance will be provided to 
developing country Members are not spelled out , rendering this obligation rather vague.   
 
5. Against this backdrop, the sponsors of this  communication propose to strengthen the current 
language of Article III.4 in a way that makes the ob ligations set forth in Article III.4 more effective 
and operational.  To this end, the provision must st ate more precisely:  (a) the need for effective and 
timely assistance to be provided to developing coun try Members in complying with the requirements 
of the Annex on Fisheries Subsidies to the SCM Agr eement;  and (b) how technical assistance is to be 
provided to developing country Members.   
 
C. P
ROPOSED MODIFICATION OF ARTICLE III.4 
 6. In line with the above considerations, it is suggested to modify Article III.4 as follows:   
 
III.4.1 "Members recognize that developing country Members, especially least-
developed countries and small, vulnerable economies, will face serious challenges in 
complying with the requirements of this Annex, in particular as regards the 
conditions and criteria set forth in this Article and in Articles V ("Fisheries  
Management") and VI ("Notifications and Surveillance").    
 III.4.2 Members recognize that the ability of developing country Members, 
especially least-developed countries and small, vulnerable economies, to adopt, 
implement and sustain measures necessary for complying with the requirements of 
this Annex may depend on the effective and timely provision of technical assistance 
by Members to developing country Member s in accordance with their demands and 
needs.  Members recognize that developing country Members will have different 
implementation needs and capacities and to this end, developing countries which 
indicate a need for technical assistance sh all be provided with such assistance 
through bilateral processes, through new and/or existing WTO technical assistance  
and support mechanisms and through other me chanisms of relevant international and 
regional organisations.   
 III.4.3 The Committee on Subsidies and Countervailing Measures shall establish a 
Sub-Committee dealing exclusively with issues related to technical assistance and 
support programs under this Annex, specifi cally as regards fisheries management 
systems and measures related thereto.  The Sub-Committee shall coordinate the 
requests from developing country Member s for technical assistance and support 
programs and shall review the effectiveness of the technical assistance provided to 
developing country Members.2  The Sub-Committee shall periodically report its 
findings to the Committee on Subsidies and Countervailing Measures and the 
Committee on Trade and Development.3   
                                                      
2 The Sub-Committee, in consultation with the de veloping Member concerned, shall identify any 
additional needs of that Member for technical assistance and every effort shall be made to ensure that 
appropriate technical assistan ce is provided to that Member.  The role of the Sub-Committee shall not be to 
determine the validity of a developing coun try's request for technical assistance.  
3 Future discussion would be required on the procedures to be followed if a developing country 
member does not receive the reque sted technical assistance.    TN/RL/GEN/158 
 Page 3 
 
 
  D. CONCLUSIONS  
 The co-sponsors of this document remain availa ble to clarify any of the issues raised in the 
current proposal.   
 
 
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