Insights on WTO Fisheries Subsidies Negotiations

Despite the focus on fisheries subsidies disciplines, the text has numerous contentious issues related to management of fisheries subsidies which go beyond the trade mandate and has implications in relation to member’s rights to manage its fisheries resources. Scope: The scope of the fisheries subsidies applies to Article 1:1 of the ASCM which includes specific subsidies. It excludes inland and aquaculture fisheries but is limited to marine capture at sea. It also applies to fishing and fishing related activities which are not specific. The meaning of fishing in the chairs text refers to fishing as attracting, locating, catching, taking or harvesting fish or any activity which reasonably results in the attracting, locating, catching, taking or harvesting of fish.  The fishing related activities means any operation in support of or in preparation for fishing, including landing, packing, processing, transhipping or transporting of fish that have not previously landed at a port. ...

The new chairs text on the WTO fisheries subsidies negotiations released recently (July 2020), has a number of contentious issues. In summary the text has diluted the Special and Differential Treatment requirements of developing countries and also impinges on sovereign rights of member countries over its ocean resources as per UNCLOS (Exclusive Economic Zone).   The powerpoint presentation provides in detail the analysis of the new Chairs text of 2020 on fisheries subsidies.

 Fisheries Subsidies disciplines -Implications of WTO Negotiations: Asymmetrical Outcomes for Developing Countries  The 11 th Ministerial Conference was held from the 10-13 December, 2017 in Bueno Aires, Argentina. In relation to fisheries, the WTO members decided to: 1.   “Build on the progress made since the 10th Ministerial Conference as reflected in documents TN/RL/W/274/Rev.2, RD/TN/RL/29/Rev.3, Members agree to continue to engage constructively in the fisheries subsidies negotiations, with a view to adopting, by the Ministerial Conference in 2019, an agreement on comprehensive and effective disciplines that prohibit certain forms of fisheries subsidies that contribute to overcapacity and overfishing, and eliminate subsidies that contribute to IUU-fishing recognizing that appropriate and effective special and differential treatment for developing country Members and least developed country Members should be an integral part of these negotiations.” And 2....