RESTRICTED

RD/TN/RL/29/Rev.3*

4 December 2017

Page: 1/21

Negotiating Group on Rules Original: English/anglais/inglés

UNOFFICIAL ROOM DOCUMENT1

NEGOTIATING GROUP ON RULES

FISHERIES SUBSIDIES NON-PAPER

Revision
Wednesday, 29 November 2017, 12.30 p.m. version
______________________________________________________________________________

Groupe de négociation sur les règles

DOCUMENT DE SÉANCE NON OFFICIEL1

NEGOTIATING GROUP ON RULES

FISHERIES SUBSIDIES NON-PAPER

Revision
Wednesday, 29 November 2017, 12.30 p.m. version
___________________________________________________________________________

Grupo de Negociación sobre las Normas

DOCUMENTO DE SALA NO OFICIAL1

NEGOTIATING GROUP ON RULES

FISHERIES SUBSIDIES NON-PAPER

Revision
Wednesday, 29 November 2017, 12.30 p.m. version

_______________

* In Original language only/En langue originale seulement/En el idioma original solamente.

1
Documents issued in the RD series are not official WTO documents. They usually appear in their
language of submission and will not be translated systematically into the working languages of the WTO. They
are intended for use in WTO meeting rooms and are attributed an unofficial symbol for archiving purposes only.
Les documents de la série RD ne sont pas des documents officiels de l'OMC. Ils ne paraissent
généralement que dans la langue dans laquelle ils ont été communiqués et ne seront pas systématiquement
traduits dans les langues de travail de l'OMC. Ils sont destinés aux salles de réunion de l'OMC et une cote non
officielle leur est attribuée à des fins d'archivage.
Los documentos de la serie RD no son documentos oficiales de la OMC. Por lo general se distribuyen en
el idioma en que han sido presentados y no se traducen sistemáticamente a los idiomas de trabajo de la
Organización. Se distribuyen para su uso en las salas de reunión de la OMC y se les asigna una signatura no
oficial a efectos de archivo únicamente.
RD/TN/RL/29/Rev.3

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 RD/TN/RL/29/Rev.3

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This document was originally made available at the 12-13 October 2017 open-ended meeting of
the Negotiating Group on Rules. Since that time, and as foreshadowed at the meeting, cross-
references have been added to Articles 5.1-5.9, 5.11, 5.15, 6.1(h), 7.2, and 8.3, and language
5 proposed by Guatemala has been introduced in Articles 1 and 3.8. In addition, corrections to
attribution and text have been made in Article 1, lines 107-108; Article 3.1.1, lines 203 and 216;
Article 3.6, line 249; Article 3.11, lines 280 and 282; Article 5.10, line 380; and the title of
Article 6.
______________________________________________________________________________

10 FISHERIES SUBSIDIES NON-PAPER2

Preamble

ACP 6LAT
[The Ministerial Conference, ] [Members hereby; ]

15 [Recalling the mandate contained in the 2001 Doha Declaration, where Ministers agreed to clarify
and improve WTO rules that apply to fisheries subsidies,

[Recalling the Hong Kong Ministerial Declaration of 2005 that appropriate and effective special and
differential treatment for developing and least-developed Members should be an integral part of
20 the fisheries subsidies negotiations, taking into account the importance of this sector to
development priorities, poverty reduction, and livelihood and food security concerns, IND]

Acknowledging the importance of the sector to development priorities, poverty reduction,

livelihood, sustainable development of fisheries capacity throughout the value chain, and food
25 security concerns of developing countries

Reaffirming our commitment under the 2030 Development Agenda to prohibit, by 2020, 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
30 subsidies, recognizing that appropriate and effective special and differential treatment for
developing and least developed countries should be an integral part of the WTO fisheries subsidies
ACP
negotiation. ]

[Considering a growing consensus within the international community has been emerging on the
35 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 Development of the United Nations, in
which Heads of State and Government agreed on the Sustainable Development Goals (SDGs) 14.6;
6LAT
40 ]

[Acknowledging the commitments established under the 2030 Agenda for Sustainable Development
and notably UN Sustainable Development Goal 14 on the conservation and sustainable use of
oceans, seas and marine resources for sustainable development,
45
Acknowledging UN Sustainable Development Goal 14 target 6 which sets out that the signatories of
the 2030 Agenda for Sustainable Development should, by 2020 prohibit 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,
50
Acknowledging UN Sustainable Development Goal 14 target 4 which sets out that the signatories of
the 2030 Agenda for Sustainable Development should, by 2020 effectively regulate harvesting and
end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and
implement science-based management plans, in order to restore fish stocks in the shortest time

2
This non-paper is without prejudice to positions of Members, or existing proposals; and is introduced as
a tool to facilitate negotiations in the Rules Negotiating Group.
 RD/TN/RL/29/Rev.3

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55 feasible, at least to levels that can produce maximum sustainable yield as determined by their
EU
biological characteristics, ]

[Recognizing the urgent need to eliminate illegal, unreported and unregulated fishing and prohibit
certain forms of subsidies that contribute to overfishing and overcapacity;
60
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
6LAT
fisheries subsidies negotiation; ]

65 [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
EU
subsidies negotiation, ]

[Recalling, that the Food and Agricultural Organization (FAO) has developed relevant international
70 plans of actions to address Illegal, Unreported and Unregulated (IUU) fishing, and overcapacity, as
well as technical guidelines for responsible fisheries;

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
6LAT
75 development; ]

[Recognizing that overcapacity contributes to overfishing and constitutes a serious threat to the
conservation and sustainable exploitation of living marine resources,

80 Recognizing that the share of overfished stocks increased from 10% in 1974 to over 31% in 2013
EU
and that this share should be decreased ],

EU
[The Members agree as follows: ] [agree to establish effective disciplines on fisheries subsidies
6LAT
as follows: ]
85
[Members,

Noting the harmful effect of illegal, unreported and unregulated (IUU) fishing on world fishery;

90 Acknowledging the goal of UN Sustainable Development Goal 17 target 10 to promote a universal,

rules-based, open, non-discriminatory and equitable multilateral trading system under the World
Trade Organization, including through the conclusion of negotiations under its Doha Development
Agenda and, in particular, Goal 14 target 6 to eliminate subsidies that contribute to IUU fishing
by 2020;
95
Recalling the mandate from the WTO Doha and Hong Kong Ministerial Declarations, and in
particular the Hong Kong Ministerial mandate that "appropriate and effective special and differential
treatment for developing and least-developed Members should be an integral part of the fisheries
subsidies negotiations, taking into account the importance of this sector to development priorities,
100 poverty reduction, and livelihood and food security concerns";

Recognizing the efforts made by the United Nations Food and Agricultural Organization (FAO) in
combating IUU fishing, including the International Plan of Action to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing (IPOA-IUU); CHN]
105
Article 1: Definitions

For the purpose of this [instrument],

ACP, EU, LDC

"[fishing ] vessel" means any vessel, ship or other type of boat used for, equipped to be
ACP, LDC
used for, or intended to be used for [commercial ] fishing or fishing related activities [and/or
ACP
110 the definition for fishing vessel as applied in a Member's national laws ];
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ACP, NZ/ICE/PAK,
"fishing" means searching for, attracting, locating, catching, taking [or harvesting
6LAT
] fish or any activity which can reasonably be expected to result in the attracting, locating,
ACP, NZ/ICE/PAK, 6LAT
catching, taking [or harvesting of ] fish [and shall be confined to wild marine
ACP
capture ];

IDN, NZ/ICE/PAK
115 ["fishing [related ] activities" means any operation in support of, or in preparation for
ACP
fishing, including the landing, packaging, processing [of fish at sea ], transshipping or
IDN
transporting of fish [that have not been previously landed at port ], as well as the provisioning
IDN ACP, IDN, NZ/ICE/PAK
of personnel, fuel, gear and other supplies [at sea ]; ]

"operator" includes any person or enterprise involved in the operation, management or ownership
ACP, EU
120 of a [fishing ] vessel;

"Illegal, unreported and unregulated fishing (IUU)" has the same meaning as [shall be interpreted
IDN
in accordance with the definition set out in ] paragraph 3 of the International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing of the UN Food and
Agricultural Organization (FAO) [2001 GTM] [, as well as any modifications to, or replacements of,
6LAT
125 this instrument, ] [defined in accordance with Annex I of this instrument and as implemented
under national laws and regulations. National and RFMO IUU lists, established in accordance with
ACP
due process mechanisms, may be taken into account ];

"overfished stock" [is where a fish 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
NZ/ICE/PAK; 6LAT, BRA
130 alternative reference points based on the best scientific evidence available ] [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 made pursuant cooperation of the Members
6LAT
involved ];

EU NZ/ICE/PAK
135 [As ] [Fish stocks that are ] [in an overfished condition are those LDC] recognized as
LDC EU
[such ] overfished by the [national authorities of the Member ] [national jurisdiction where the
NZ/ICE/PAK; ACP, LDC
fishing is taking place ] or by a relevant Regional Fisheries Management
EU LDC
Organization [or Arrangement ] [based on best scientific evidence available to them; ] [shall
NZ/ICE/PAK NZ/ICE/PAK; EU, ACP, LDC
also be considered overfished ]; ]

140 ["subsistence fishing" means fishing activities undertaken by an individual household for
consumption by the members of that household and kin of the fishers as opposed to fishing
activities undertaken for commercial purposes. Nevertheless, part of the fish caught can be sold or
EU
exchanged for other goods or services; ]

["artisanal fisheries" shall be defined as those which operate within its territorial waters and mostly
145 close to shore, use vessels which utilize primarily manual gear, and operated by individual
IDN
fishermen or family members for the purpose of subsistence or local trade; ]

["small-scale fisheries" activities shall be defined as fishing activities which using vessels that are
below 24 meters in length. The size limitation refers to Harmonized definition in Conservation
IDN
Management Measures (CMM) IOTC, concerning authorized fishing vessel, April 2016; ]

6LAT LDC
150 ["small-scale and artisanal6LAT, ACP, LDC] [fishers" ] [fisheries" ] ["semi-industrial, commercial,
ACP 6LAT ACP LDC
or subsistence fishing" ] [should be interpreted and applied ] [are ] [shall be ] [defined
ACP, LDC 6LAT, LDC 6LAT, ACP, LDC
] [in accordance with ] [national ] [legal systems of the Member
6LAT ACP, LDC ACP LDC
concerned, ] [laws and ] [/or ] regulations and the [ ] [international agreements
ACP, LDC ACP LDC
] [to which the Members are party. ] [entered into by the coastal State, ] [taking into
155 account the "Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of
6LAT, LDC
Food Security and Poverty Eradication" of the FAO (the SSF Guidelines) ]
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["large-scale industrial fishing" means fishing that is not semi-industrial, small-scale commercial,
ACP
artisanal, or subsistence fishing; ]

["inland fisheries" refers to fisheries carried out in freshwater or estuaries of a Member and whose
LDC
160 target species are those that spend all of their life-cycle therein; ]

["aquaculture" means the farming of aquatic organisms, including fish, mollusks and crustaceans,
LDC
provided that no capture fisheries are used to feed raised fish; ]

ACP LDC ACP, LDC ACP

["exclusive economic zone (EEZ)" [is ] [shall be ] [defined ] [by principles ]
LDC
[according to principles ] [found in Part V of the United Nations Convention on the Law of the
165 Sea. Where any Member is not party to UNCLOS, similar principles on the exclusive economic zone
ACP, LDC
adopted in domestic legislation may apply; ]]

Article 2: Scope

2.1 [The instrument provides specific provisions regarding fisheries subsidies and it is an integral
IDN
part of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) ]

NOR
170 2.2 [The instrument [shall be confined] [applies with respect USA] [to subsidies ] to [marine
NOR, RUS ACP, IDN,
capture fisheries] [wild] marine [fishing ] [or fishing related activities RUS] [capture
USA USA ACP, IDN, NOR
] [fisheries ] ]

2.3 [This instrument applies to subsidies within the meaning of Article 1.1 of the SCM Agreement
EU, ACP, LDC, IDN
that are specific within the meaning of Article 2 of that Agreement ] to [vessels,
ACP LDC ACP, LDC
175 operators, fishing or fishing [related IDN] activities ] [the fisheries sector ] ].

2.3bis [This instrument applies to subsidies within the meaning of Article 1.1 of the
SCM Agreement that are specific within the meaning of Article 2 of that Agreement and shall be
EU
confined to [wild marine capture] ] [[wild] marine capture [fisheries][fishing]]

2.4 For the purpose of this instrument, a subsidy shall be attributable to the Member granting it,
180 regardless of the flag of the vessel involved.

LDC, EU
i. [benefitting from the subsidy ] [; or
ACP, LDC, NZ/ICE/PAK
ii. the application of rules of origin to the fish involved. ]

2.5 This instrument shall not apply to:

EU, ACP, LDC

- [subsidies for aquaculture ],

IND EU
185 - [fuel [subsidies ] [de-taxation schemes ],

ACP, LDC
- [subsidies for inland fisheries ],

ACP
- [subsidies for recreational fishing ]

EU, 6LAT
- Subsidies for [natural ] disaster relief ACP [, provided that the subsidies are directly
related to the effects of that disaster, are limited to the affected geographic area, are time-
190 limited, and in the case of reconstruction subsidies, only restore the affected area, the
GTM, 6LAT, HTI, IDN 6LAT, HTI
affected fishery, ] [and/or the affected fleet to its pre-disaster state3 ]
[, up to a sustainable level of fishing capacity as established through a science-based
6LAT
assessment of the post-disaster status of the fishery ],

- [Subsidies for safety, research and development, and sustainability of stocks, [promoting
195 sustainable fisheries HKG] the acquisition and installation of equipment for vessel and crew

3 6LAT
[This provision shall not apply to disciplines for IUU fishing. ]
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safety, [including for their sanitary compliance MOR] the adoption of techniques or technology
aimed at reducing the environmental impact of wild marine capture (such as by catch
reduction or turtle excluder devices) or for improving compliance with fisheries management
regimes aimed at sustainable use and conservation (such as devices for vessel monitoring
ACP
200 systems); and for increasing resilience or reducing vulnerability to climate change. ]

- [Subsidies for the installation of equipment for safety or for control and enforcement
purposes, and equipment fitted for the purpose of reducing environmentally harmful
IDN
emissions. ]

- [Any subsidies directly resulting from agreements between WTO Members in which one party
205 grants access to its exclusive economic zone to fishing vessels of another party SYC]

RUS
2.5bis [This instrument shall not apply to subsidies for aquaculture and inland fisheries ]

2.6 [Notwithstanding the provisions of 3.x, due regard should be given to jurisdictions with
ACP
multi-species catch. ]

210 2.6bis [Notwithstanding the provisions of Article 3.x, above, nothing in this [instrument] shall be
construed to prohibit subsidies to fishing vessels, fishing or fishing activity in respect of fish stocks
that are not overfished, provided that other fish stocks in an overfished condition situated in the
same [geographical area/jurisdiction] are not targeted SYC]

ACP
2.7 [This instrument shall [not affect the claims of a Member concerning disputed waters ] [have
6LAT, LDC PHL
215 no legal implications regarding territoriality or delimitation of maritime jurisdictions ] ]
LDC
[and shall not apply to matters concerning disputed waters or zones ]. [Nothing in the reports of
panels or the Appellate Body in dispute settlement proceedings involving the interpretation and
application of the disciplines set out in Article 3 of this instrument shall have any legal or prejudicial
implications regarding territoriality or delimitation of maritime jurisdiction of Members. The
220 positions taken by Members in dispute settlement proceedings involving these provisions are
without prejudice to the positions taken by them in proceedings in other fora regarding territoriality
GTM
or delimitation of maritime jurisdiction. ]

2.8 [Any list of IUU fishing vessels, fish-stock assessment report or any technical report issued by
a regional fisheries management organization shall only have effects for the purposes of the
225 present instrument and its clauses and shall have no legal implications over territorial disputes or
delimitation 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
6LAT
invoked as recognition of such organizations on disputed areas. ]

2.9 [Except as otherwise provided in this instrument, a Member does not thereby become bound
230 by measures or decisions of, or recognize, any regional fisheries management organization of
6LAT
which it is not a Party to. ]

2.10 [Except for disciplines for IUU fishing, [and as otherwise provided in this instrument PHL] in
waters under national jurisdiction [in the EEZ SYC] of a Member, disciplines shall not be construed
or applied in a manner that prevents small-scale artisanal fishers [fishers which are not conducting
6LAT
235 large-scale industrial fishing SYC] to access marine resources and markets. ]

2.10 ALT [Except for the disciplines regarding IUU fishing, in waters under national jurisdiction of a
Member the disciplines of this instrument shall not be construed or applied in a manner that would
prevent Members from applying measures to ensure small-scale artisanal fishers to access marine
resources and markets, provided that their fisheries have a fisheries management 4 system,
6LAT
240 adapted as necessary to their particular situation, in the light of their respective capacities. ]

4
Fisheries management shall be defined and implemented in accordance with national legislation, taking
into account the FAO Code of Conduct for Responsible Fisheries.
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2.11 [Nothing in this instrument shall be construed or applied in a manner which will
affect the rights of landlocked country Members under public international law. PRY]

245 Article 3: Prohibited Subsidies

No Member shall grant or maintain [, in law or in fact, whether solely or as one of several other
IDN
conditions ] any of the following subsidies within the meaning of Article 1.1 of the
SCM Agreement that are specific within the meaning of Article 2 of that Agreement to [vessels,
ACP LDC
operators, fishing or fishing activities ] [the fisheries sector ].

250 [A Member shall not provide subsidies to fishing and related activities in waters and areas that are
claimed by more than one Member at the time of this Decision, unless the Members involved have
agreed inter se to do so through a joint notification to the WTO. For purposes of this provision, the
Members shall cease from providing subsidies not later than [2020]. PHL]

255 Illegal, Unreported and Unregulated (IUU) fishing

[NON-PAPER OF 14.11.2017

No Member shall grant or maintain in law or in fact any of the following subsidies within the
meaning of Article 1.1 of the SCM Agreement that are specific within the meaning of Article 2 of
that Agreement to vessels, operators, fishing or fishing activities.

260 Illegal, Unreported and Unregulated (IUU) fishing

IDN
3.1 Subsidies to a fishing vessel[, regardless of the flag of the vessel involved, ] or operator
engaged in IUU fishing,

[ALT1: including those]

[ALT2: as]

265 identified by, determined by or listed in an IUU fishing list of:

 a Member in respect of vessels flying its flag.

 the subsidizing Member.

 the Member in respect of foreign-flagged vessels found fishing in waters under its jurisdiction.
In this case, a subsidizing Member shall, upon request by that Member or on its own initiative,
270 recognize this determination provided that the subsidizing Member promptly verifies that
relevant international law and the standards of due process, including a procedure for appeal or
review, transparency, and the principle of non-discrimination were respected.

 a Regional Fisheries Management Organization or Arrangement including those organizations or

arrangements of which Members are not Party to, provided that the subsidizing Member
275 promptly verifies that the vessel/operator concerned has been listed in accordance with the
rules and procedures of that organization or arrangement and in conformity with international
law applicable to the subsidizing Member and those organizations or arrangements are in
conformity with FAO standards, principles of non-discrimination, openness to all WTO Members,
due process and transparency.

280  the FAO subject to its recognition by the SCM committee.]

ACP, 6LAT, LDC, NOR NZ/ICE/PAK 6LAT

3.1 Subsidies [to ] [in connection with ] [fishing ] [vessels [, owners
NOR LDC, 6LAT, NOR, EU 6LAT, ACP, NOR, IDN, LDC
] or operators. ] [engaged in ] IUU fishing [, including:
NZ/ICE/PAK
]
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RUS USA USA 6LAT, GTM NOR

3.1bis Subsidies [granted ] [[provided ] to [a ] [fishing ] vessel[s] [, owners ]
RUS RUS, 6LAT, ACP, EU
285 [or operator[s]] [determined as ] [engaged in ] IUU fishing [, including: USA]

[- by the flag state or the subsidizing Member in accordance with its domestic laws, regulations
and administrative procedures, or

- by a Regional Fisheries Management Organization when a fishing vessel is included into an

IUU fishing vessels list, provided that the organization is open to all WTO Members and such
290 determination was made in accordance with the rules and procedures of that organization
and in conformity with international law, and that the principles of non-discrimination and
due process, including procedures of prior notification and consultations, appeal or review
RUS
and transparency were abided by such RFMO. ]

AUS
295 3.1ter [Subsidies for IUU fishing ]

IND
3.1quater [Subsidies to vessel[s] or to an operator for a vessel[s] included in IUU listing ]

3.1sexies [A vessel or operator identified in an IUU fishing list of the flag State, the subsidizing
Member, or a Regional Fisheries Management Organization or Arrangement in accordance with the
rules and procedures of that organization or arrangement and in conformity with international
300 law. USA] [5 CAN] [including those organizations or arrangements of which Members are not Party to,
provided that those organizations or arrangements are in conformity with FAO standards, principles
of non-discrimination, openness to all WTO Members, due process and transparency. BRA]

3.1septies [For the implementation of Article 3.1, IUU vessels or operators shall be identified either
305 by the flag State, the subsidizing Member or the coastal State in accordance with their national
laws, regulations and practices, or by Regional Fisheries Management Organizations or
Arrangements, following principles of due process and in conformity with relevant customary
international law. LDC]

310 3.1octies [No Member shall grant or maintain subsidies to vessels identified in its national IUU list.
A Member shall include the following determinations in its national IUU list:

i) Determinations made by the Member itself,

315 ii) Determinations made by a RMFO which the Member is a party,

iii) Determinations made by a RMFO which the Member is not a party on the condition
that the Member recognizes the IUU engagement of the vessel concerned through a
verification process in cooperation with the RMFO making the determination,
320
iv) Determinations made by a coastal state on the condition that the Member recognizes
the IUU engagement of the vessel concerned through a verification process in
cooperation with the coastal state making the determination. TUR]

325

3.1.1

ALT 1 [Defined in accordance with Annex I of this instrument and as implemented under national
IND, ACP
laws and regulations. ] [National and RFMO IUU lists established in accordance with due
ACP
process mechanisms, may be taken into account. ]

330 [The IUU fishing activities shall be determined:

(i) by the national authority of the subsidizing Member in respect of the fishing activities
within waters under national jurisdiction of the subsidizing Member;

5
The IUU fishing list of the flag State or subsidizing Member referred to in this paragraph is at the sole
discretion of the Member in question.
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335 (ii) by taking into account the list of IUU vessel of RFMO in respect of fishing activities in
waters beyond national jurisdiction and which are within the area of competence of
RFMO. Such determinations shall be made following due process, including a procedure
of prior consultation and notification to the flag Member, appeal or review and
observance of transparency;
340
(iii) in respect of fishing vessel[s] flying the flag of a third Member when such fishing
vessel[s] has been found to engage in IUU fishing activities within waters under
national jurisdiction of the Member making the determination. In this case, a
subsidizing Member shall, upon request by a Member or on its own initiative,
345 [recognize] [take into account, as appropriate ECU] this determination provided that
such a Member promptly verifies, in accordance with its domestic law, that the
standards of due process, including a procedure for appeal or review, transparency,
and the principle of non-discrimination were respected. IND]

NZ/ICE/PAK, LDC
350 ALT 2 [Subsidies to an operator or vessel included in an IUU fishing list of ] [Such
fishing vessels or operators shall be LDC, 6LAT] [determined by each Member in accordance with its
6LAT LDC
domestic legislation. The determination made by a Member shall include: ] [determined by ]

NZ/ICE/PAK LDC, 6LAT

- [the flag State, ] [Fishing vessels flying the flag of that Member; or ]

LDC, NZ/ICE/PAK
- [the subsidizing Member, ]

LDC
355 - [or the coastal State in accordance with national regulations, laws and practices, ]
[Fishing vessels flying the flag of a third Member when those fishing vessels have been found
[in conformity with international law BRA] to engage in IUU fishing activities within waters
under national jurisdiction of the Member making the determination. In this case, a
subsidizing Member shall, upon request by a Member [or on its own initiative,] recognize this
360 determination provided that such a Member promptly verifies, in accordance with its
domestic law, that the standards of due process, including a procedure for appeal or review,
6LAT
transparency, and the principle of non-discrimination were respected. ]

- [Moreover, Members shall, upon request by a Member or on its own initiative,

6LAT LDC, EU
recognize: ] a Regional Fisheries Management Organization [or Arrangement ], [or
NZ/ICE/PAK, LDC
365 a relevant international organization ] [in accordance with the rules and
LDC
procedures of that organization and in conformity with principles of due process ]

[a. Lists of fishing vessels of a Regional Fisheries Management Organization (RFMO) to which the
subsidizing Member is a party in accordance with the rules and procedures of that
organization and with the relevant rules of international law applicable to the subsidizing
370 Member; or

b. lists of fishing vessels issued by a RFMO to which the Member is not a party provided that
such a Member promptly verifies, in accordance with its domestic law, that:

i. The vessel concerned has been listed according to the rules and procedures of that
RFMO; and the standards of due process, including a procedure for appeal or review,
375 transparency and the principle of non-discrimination were respected;

ii. The RFMO, and its measures, are in conformity with the relevant rules of international
law applicable to the subsidizing Member, and the FAO International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing as well as
any modifications to, or replacements of, this instrument.; and

6LAT
380 iii. The RFMO is open to all WTO Members in a non-discriminatory manner. ]

ALT 3 [For the purpose of this Agreement, IUU fishing activities shall be determined based on the
following:
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1. IUU fishing activities shall be determined by the flag Member in accordance with its
385 domestic laws and regulations, including through the form of listing. When the flag Member
and the subsidizing Member are not the same, the fishing vessel concerned shall be notified
to the subsidizing Member, and verified by the subsidizing Member through due procedure;
or,

390 2. IUU fishing activities shall be determined by the relevant Regional Fisheries Management
Organizations6 (RFMOs) through listing and based on the following procedures:

a. The fishing vessel concerned shall be notified by the RFMO to the flag Member of
the vessel concerned; and
395
b. The alleged IUU fishing activities shall be jointly investigated and verified by the flag
Member with the relevant RFMO, based on positive evidence and due procedure, and
in accordance with relevant international laws, agreements and rules of the RFMO. CHN]

400 3.1.2 [any subsidy to fishing for fish stocks managed by a Regional Fisheries Management
Organization or Arrangement where the subsidizing Member or vessel flag State is not a Member or
NZ/ICE/PAK
cooperating non-member of the organization or arrangement ].

3.2 If an operator has more than one fishing vessel, this Article shall apply [only to that fishing
6LAT
vessel engaged in IUU activities. ] [to all of its fishing vessels regardless of whether they are
EU
405 included in any relevant IUU list ]

3.3 [To this end, before a Member grants a subsidy, it shall ensure that the fishing vessel (this
includes the owners or operators controlling the operation of the fishing vessel) neither appears on
an IUU-vessel list of a Regional Fisheries Management Organization nor that the fishing vessel has
operated in waters under the jurisdiction of any Member without the permission of that Member
NOR
410 [during the preceding five years.] ]

3.3bis [Before a Member grants a subsidy, it shall ensure that the fishing vessel is not engaged in
IUU fishing. LDC]

3.3ter [Within [X] years of entry into force, each subsidizing Member shall provide a[n] [upfront]
notification [to the SCM Committee] detailing how it has implemented this prohibition, including
415 how it administers its fisheries specific subsidy programmes. AUS]

3.3quater [Subsidies to vessels engaged in IUU fishing shall be prohibited.

A Member shall neither grant nor maintain a subsidy referred to in paragraph 1, until the IUU
fishing activity concerned is punished and corrected in accordance with that Member's domestic
420 laws and regulations, [and] [or] the fishing vessel concerned is delisted by the relevant RFMO. CHN]

3.3quinquies [Determinations referred in (i) and (iv) shall stay on the national IUU list of a Member
until the IUU fishing activity concerned is punished and corrected in accordance with that Member's
domestic law and regulations. Determinations referred in (ii) and (iii) shall stay on the national IUU
425 list of a Member until the vessel concerned is delisted by the RMFO making the determination. TUR]

IDN
3.4 [Subsidies to any fishing vessels flying "flags of convenience" ].

LDC
3.5 [Subsidies to vessels [or operators] engaged in illegal fish transshipment at sea. ]

6LAT ACP, LDC, NZ/ICE/PAK, EU NZ/ICE/PAK, EU

[Overfishing ] [Overfished ] [and Unassessed Stocks ]

ACP, LDC EU, 6LAT NZ/ICE/PAK

3.6 Subsidies [to fishing vessels, ] [[for ] [in connection with ] fishing, [or
ACP NZ/ICE/PAK EU
430 fishing activity ] [and fishing related activities ]] [outside the territorial sea ]
NZ/ICE/PAK EU, 6LAT EU, ACP
[[involving ] [that negatively affect ][of targeted ]] fish stocks that [have not

6
For the purpose of this Agreement, Regional Fisheries Management Organizations shall be recognized
by the FAO before XX-XX-201X, and incorporated as Annex 1 of this Agreement.
 RD/TN/RL/29/Rev.3

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NZ/ICE/PAK EU, 6LAT, LDC

been assessed or have been assessed to be ] [are ] in an overfished condition.
[In the absence of sufficient data to make such a determination, the stock shall be presumed to be
EU
in an overfished condition. ]

ACP, LDC NZ/ICE/PAK

435 3.6bis Subsidies [to fishing vessels, ] [in connection with ] fishing, [outside the
EU NZ/ICE/PAK
territorial sea ] [[involving ] fish stocks that [have been recognized as overfished by the
national authorities IND]

3.6ter [Subsidies to fishing vessels for fishing and fishing related activities IDN] [Subsidies for
fishing] that negatively affect fish stocks that are in an overfished condition. USA, 6LAT, AUS, MEX, IDN, JPN,
CAN
440 ]

3.6quater [Subsidies for fishing and fishing related activities outside the territorial sea that
negatively affect targeted fish stocks in an overfished condition. In the absence of sufficient data to
EU
make such a determination, the stock shall be presumed to be in an overfished condition. ]

3.6quinquies [Subsidies for fishing that negatively affect fish stocks that are in an overfished
445 condition. Fish stocks are overfished if they are recognized as such by the Member in whose
national jurisdiction the fishing is taking place or by a Regional Fisheries Management Organization
NOR, BRA
or Arrangement based on best scientific evidence available to them. ]

3.7 [The negative effect of such subsidies shall be determined based on the [best CHN] scientific
6LAT, BRA, MEX, JPN, AUS, CAN, IDN
evidence [recognized by CHN] [available] [to] [that Member]. ]

450 3.8 [illustrative list of subsidies that do not negatively affect targeted fish stocks that are in an
overfished condition:

(a) subsidies that improve fishery management systems and [thus] promote sustainable
fisheries including subsidies for research and development activities;

(b) subsidies that improve hygiene, health, safety and working conditions for fishers;

455 (c) subsidies aiming at improving the concerned Member's capacity to fight against IUU fishing;

(d) subsidies for [permanent] cessation of fishing activities provided that the fishers concerned
effectively cease all fishing activities within a reasonable timeframe after receiving the
EU
subsidy concerned. ]

(e) [subsidy programmes of Members aimed to fulfill a quota or a right established by a RFMO
GTM
460 ]

6LAT
3.9 [Subsidies [to vessels or operators fishing ] [in connection with fishing and fishing related
NZ/ICE/PAK NZ/ICE/PAK
activities ] in areas beyond the national jurisdictions. [of the subsidizing Member ]
[, which are not aimed to fulfill a quota or a right established by a RFMO. Subsidies allowed under
this provision do not include those subsidies granted to maintain vessels fishing in areas beyond
465 national jurisdiction, without returning to the jurisdiction of the subsidizing Member within [x days]
6LAT NZ/ICE/PAK; 6LAT
counted after the day of departure. ] ]

3.10 [Subsidies [for operating costs including licence fees or similar charges, fuel, ice, bait,
personnel, social charges, insurance, and at-sea support; or operating losses of such vessels or
LDC
activities ]; [to fishing vessels and fishing or fishing activity for capital7 and operating costs8,
470 that contribute to overfishing and overcapacity, provided:

7
[May include payments for vessel construction and modernization, purchase of machines and
equipment for fishing vessels (including fishing gear and engine, fish-processing machinery, fish-finding
technology, [refrigerators,] or machine for sorting or cleaning fish), and tax exemptions. ACP]
8
[May include provision for fuel, ice, bait, personnel, social charges, insurance, gear, and at-sea
support; or operating losses of such vessels or activities. ACP]
 RD/TN/RL/29/Rev.3

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i. to a developing country Member's large scale industrial fishing and fishing activity outside of
their own EEZ9; and

ACP
ii. by developed country Members. ]

6LAT EU
[Overcapacity10 ] [Capacity enhancing ]

6LAT
475 3.11 Subsidies [that increase [or allow to maintain ] the marine fishing capacity of a fishing
6LAT
vessel [or a fishing fleet of vessels ] or support the acquisition of equipment that increases [or
6LAT 6LAT EU, 6LAT
maintains ] the ability of a fishing vessel [or a fishing fleet of vessels ] to find fish; ]

[3.11bis Subsidies [that increase the total marine fishing capacity of the whole fishing fleet of
vessels of a Member. HKG]

480 [3.12 Subsidies

 [enhancing the capacity of large scale industrial fishing activities outside of the
LDC
subsidizing Member's maritime jurisdiction; ]

 [in connection with fishing and fishing related activities in areas beyond the national
NZ/ICE/PAK
jurisdiction of the subsidizing Member; ]

485  [fixed or variable operational costs of fishing vessels and fishing related activities
IDN
including on-board processing; ]

LDC ACP, LDC

 [for operating costs ] [11 ] [within the meaning of instruments elaborated under
SCM Agreement Article 1.1, that contribute to overfishing and overcapacity [to fishing
ACP
vessels and fishing or fishing activity for capital12 and operating costs; ], provided:

490 i. to a developing country Member's large scale industrial fishing and fishing activity
outside of their own EEZ13; and

ACP
ii. by developed country Members. ]

9
[Noting the rights, jurisdiction, and duties of coastal states among others, found under UNCLOS Part V.
ACP
]
10
[Disciplines related to overcapacity shall be restraint to areas beyond national jurisdiction and shall
not cover subsidy programs of Members aimed to fulfill a quota or a right established by a RFMO. 6LAT] [The
prohibition under […] shall not apply to subsidies provided by a developing country supporting fishing outside of
their EEZ, which exclusively exploits quotas or any other rights, established by a regional fisheries management
organization (RFMO) or a regional fisheries management arrangement. ACP]
11
[May include provision for ACP] [including licence fees or similar charges LDC] [fuel, ice, bait, personnel,
social charges, insurance, gear, and at-sea support; or operating losses of such vessels or activities ACP, LDC]
12
[May include payments for vessel construction and modernization, purchase of machines and
equipment for fishing vessels (including fishing gear and engine, fish-processing machinery, fish-finding
technology, refrigerators, or machine for sorting or cleaning fish), and tax exemptions. ACP]
13
[Noting the rights, jurisdiction, and duties of coastal states among others, found under UNCLOS
Part V. ACP]
 RD/TN/RL/29/Rev.3

- 14 –

EU, 6LAT
3.13 [Subsidies that support the construction [importation or transfer of fishing vessels ]
EU
[including through the creation of joint ventures with partners of those countries. ] [for
LDC IDN, LDC LDC IDN
495 acquisition ] [ modernization, renovation, repair [renewal, ] [or upgrading ] of
IDN
[existing ] fishing vessels, [including engine or gear acquisition, any technical or electronic
IDN
equipment14 on-board the vessel ], [or any other form of increasing a fishing fleet of
6LAT LDC
vessels. ] [, or any equipment that increases the ability of a fishing vessel [to fish and ] to
15 LDC EU, 6LAT, IDN, LDC
find fish[ ] ];]

500 3.14 [A Member may grant or maintain subsidies set out in Article 3.11 and 3.13 during a transitional
period of [X] years following the entry into force of this instrument, provided that the vessel
EU
benefitting from the subsidy does not target fish stocks that are in an overfished condition. ]

3.15 Notwithstanding [Article 2.3] / [chapeau of Article 3] of this instrument, Members shall not
grant or maintain any subsidies for provision or use of fuel or schemes which can reasonably be
505 expected to result in the provision or use of fuel, which benefit the fisheries sector. RUS]

[Article 4: Standstill

4.1 In relation to subsidies that are not prohibited by Article 3, each Member shall refrain from
introducing new, or extending or enhancing existing, subsidies within the meaning of Article 1.1 of
the SCM Agreement, to the extent they are specific within the meaning of Article 2 of the
NZ/ICE/PAK
510 SCM Agreement, that contribute to overfishing or overcapacity. ]

Article 5: Special and Differential Treatment

LDC
5.1 [Prohibitions other than those outlined in Articles 3.1, [3.5 ] and 3.6 above shall not apply to
LDC, ACP
LDCs Members. ]

515 5.2 [With respect to Article 3.1, in order to establish measures against unreported and unregulated
fishing, after the period stipulated in Article 7.1, developing countries not engaged in large scale
industrial distant water fishing are entitled to apply [x] additional years and LDCs [x] additional
ACP
years of transition period, [except for illegal fishing ] [to enable them to establish reporting
LDC LDC, ACP
mechanism and regulations through implementing Article 5.12. ] ]
520
5.2bis [Developing Members and LDCs declaring difficulties on small scale, artisanal and/or
subsistence fishing16 shall have [X] years of transition period in implementing the disciplines
related to unreported and unregulated aspects of such small scale, artisanal and/or subsistence
fishing under Article 1.1.
525
For developing Members and LDCs making such declaration as set out in Article 2.1, if it receives
the notification from a relevant flag Member or RFMO that its vessel is engaged in unreported or
unregulated fishing, and if the unreported or unregulated fishing activity concerned has been
determined in accordance with Article 1.3, the developing Member or LDC concerned shall
530 endeavor to implement Article 1.1. CHN]

5.2ter [The prohibition under Art. 3.1 in respect of unreported and unregulated fishing shall not
apply to developing countries including LDCs for fishing activities in the EEZ of the subsidizing
Member. IND]
535
5.3 [Nothing in Articles 3.10, 3.12 and 3.13 shall prevent a developing country Member from
maintaining or granting subsidies to the following activities conducted in accordance with the

14
[This comprises, inter alia, engines, fishing gear, fish-processing machinery, fish-finding technology,
refrigerators, [or] machines for sorting or cleaning fish, [or any other equipment on-board the fishing vessel
IDN
]. IDN, LDC, ACP]
15
[The prohibition does not cover the installation of equipment for safety, the adoption of techniques
aimed at reducing the environmental impact of wild marine capture or compliance with fisheries management
LDC
regimes aimed at sustainable use and conservation such as devices for vessel monitoring systems. ]
16
Small scale, artisanal, subsistence fishing shall be defined in accordance with Members’ domestic
policies or laws and regulations.
 RD/TN/RL/29/Rev.3

- 15 –

principle of protection and preservation of fisheries resources defined under Article 61 and 62 of
the United Nations Convention on the Law of the Sea Treaty (UNCLOS)] [or where any Member is
540 not party to UNCLOS, similar principles on protection and preservation of fisheries resources
adopted in domestic legislation may apply: VEN]

(a) Fishing activities related exclusively to artisanal and small scale fisheries or the
subsistence and livelihood of the fishermen and their families;
545
(b) Fishing activities, which exclusively exploit fish stocks within the economic exclusive
zone (EEZ) of the Member granting the subsidy; and

(c) Fishing activities, which exclusively exploit quotas or any other rights, established by a
550 regional fisheries management organization (RFMO) or a regional fisheries
LDC
management arrangement. ]

5.4 [The prohibition under 3.10 (i) and 3.12 (i) shall not apply to subsidies provided by a
developing country supporting fishing outside of their EEZ, which exclusively exploits quotas or any
555 other rights, established by a regional fisheries management organization (RFMO) or a regional
fisheries management arrangement. ACP]

5.5 [Articles 3.11 and 3.13 do not apply to subsidies granted or maintained by developing and
least developed countries for fishing vessels which are used for subsistence fishing.
560
5.6 Developing and least developed countries may grant or maintain subsidies referred to under
Articles 3.11 and 3.13 if the following conditions are met:

(a) the vessel benefitting from the subsidy does not target fish stocks that are in an
565 overfished condition17; and

(b) the targeted stocks are managed on the basis of the best available science at the
disposal of the concerned Member, consistent with the conservation and cooperation
obligations under the relevant international law18, as reflected in UNCLOS,
570 conservation and management measures of competent RFMO(s)/A(s), and generally
accepted standards for the conservation and management of fisheries resources; and

(c) the subsidizing Member has a management plan19 for the fleet segment it intends to
EU
subsidize. ]
575
5.7 [Notwithstanding the provisions of the SCM Agreement and Article 3.12 (fourth bullet) and 3.13
of this instrument, a developing country member shall be allowed to grant or maintain fisheries
subsidies to its artisanal fisheries activities.

580 5.8 Notwithstanding the provisions of the SCM Agreement and Article 3.12 (fourth bullet) and 3.13
of this instrument, a developing country member shall be allowed to grant or maintain fisheries
subsidies to its small-scale fisheries activities.

5.9 Notwithstanding the provisions of the SCM Agreement and Article 3.12 (fourth bullet) and 3.13
585 of this instrument, a developing country member shall be allowed to grant or maintain fisheries

17
[As recognized as overfished by the national authorities of the Member or by the relevant Regional
Fisheries Management Organization or Arrangement. In the absence of sufficient data to make such a
determination, the stock shall be presumed to be in an overfished condition. EU]
18
[Relevant international law includes, amongst others, the United Nations Convention on the Law of the
Sea (UNCLOS), the UN Agreement for the Implementation of the Provisions of UNCLOS relating to Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the FAO Agreement to promote
Compliance with International Conservation and Management Measures by Fishing vessels on the High Seas,
the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate IUU Fishing, and the FAO Code of
Conduct for Responsible Fisheries. EU]
19
[The management measures contained in the plan should aim at ensuring the sustainable exploitation
of the stock. They shall refer to the stocks, fishery and area to which it applies, quantify projected fishing
mortality rates, indicate provisions on fishing vessel monitoring and systems for reporting data and catch in
sufficient detail. EU]
 RD/TN/RL/29/Rev.3

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subsidies to other fisheries activities which are not covered as artisanal fisheries and small scale
fisheries activities, provided that the purpose is to exploit:

a. underexploited resources in the member's own Economic Exclusive Zone; or

590
b. rights held by the member in high seas fishing quotas or any other rights established
by a RFMO or a regional fisheries management arrangement.

5.10 Fisheries subsidies which are not covered as subsidies to artisanal fisheries activities shall be
595 contingent on the following:

a. the member has a fishery management plan in place that is effectively monitored and
adequately enforced;

600 b. the fisheries do not adversely affect resources governed by the fisheries management
plan;

c. the fishing activities will not adversely affect fishery resources of other members or the
resources governed by relevant regional fisheries management organizations (RFMOs);
605 and

d. the member has control mechanism on fisheries subsidies to avoid overfishing and
IDN
overcapacity. ]

610 5.11 [Developing countries ranking among the world's [X] biggest in terms of marine capture
production as determined by the FAO shall endeavor to refrain from making use of the flexibilities
EU
set out in Article 5.6. ]

5.12 [Upon request of a developing country or LDC Member, developed country Members shall
615 provide targeted technical assistance and capacity building assistance to address institutional and
financial constraints faced by LDCs and developing countries in the implementation of this
Agreement and for establishing reporting mechanisms and regulations to prevent unreported and
LDC
unregulated fishing, conducting stock assessments, and monitoring fish stocks. ]

620 5.13 [Developed countries, and developing countries in a position to do so shall provide, and
relevant agencies are invited to provide, targeted technical assistance and capacity building to
developing countries, in particular LDCs and small, vulnerable economies (SVEs) to:

a) address institutional and financial difficulties faced by LDCs and developing countries
625 with constraints to implement this instrument;

b) establish reporting mechanisms and regulations to prevent unreported and

unregulated fishing;

c) conduct stock assessments;

630
d) conduct monitoring, control and surveillance of fish stocks; and

ACP
e) research and development ]

635 5.14 [Upon the request of developing country members, and with reference to guidance provided
by the UN Fish Stocks Agreement, developed country members shall provide technical assistance
on mutually agreed terms and conditions to developing country members to allow them to
participate fully in any RFMO adjacent to their exclusive economic zone or archipelagic waters.

640 5.15 Upon the request of developing country members, developed country members shall provide
technical assistance to developing country members on mutually agreed terms and conditions to
develop the capacity to initiate, implement, and enforce compliance with a fishery management
plan in keeping with the FAO Code of Conduct on Responsible Fisheries and adequate to provide
IDN
the showing required by Articles 5.8 and 5.9 of this instrument. ]
645
 RD/TN/RL/29/Rev.3

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5.16 [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.
650
5.17 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
FAO and UNCTAD in the provision of technical assistance under this Article.

655 5.18 In order to bring any subsidy programs into conformity with the obligations provided in
Article 3.6 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 granted
with a period of time of [X] and [Y] years, respectively, after entry into force, subject to comply
6LAT
660 with Article 6.7 ]

5.19 [The operationalization of disciplines on fisheries subsidies should not impede the ability
ACP
developing countries and LDCs to develop and diversify their fisheries sector. ]

NZ/ICE/PAK, EU, ACP, 6LAT ACP, LDC

665 Article 6 [Transparency ] [Notification ]

EU
[Notification and surveillance ]

6LAT
6.1 [[In order to enable effective surveillance of subsidies elimination ] [In addition to the
LDC, EU 6LAT
information notified ] [as part of the regular notification ] pursuant to Article 25.3 of the
SCM Agreement [in accordance with the provisions of Article XVI:1 of GATT 1994 and Article 25 of
EU, ACP
670 the SCM Agreement ] Members shall notify [all subsidies that support, directly or indirectly,
EU, LDC
marine fishing activity, ] [to the extent that a Member is providing subsidies prohibited under
ACP NZ/ICE/PAK, EU, ACP, 6LAT, LDC
Article X of this instrument ] ] [the following information:

6.1bis [In addition to the information notified pursuant to Article 25.3 of the SCM Agreement
Members shall notify [where relevant and to the extent practicable CAN] the following information:
EU, LDC
675 ]

a) Programme name

b) Legal basis and granting authority for the programme

EU, LDC 6LAT

c) [Level of support provided ] [kind of subsidies provided and amounts granted ]

EU, LDC
d) [Type or kind of marine fishing activity supported by the programme ]

680 e) [Vessels and operators fishing in areas beyond national jurisdiction, for which the
6LAT
subsidy is granted ]

6LAT
f) [Catch data [, to the extent possible ] by species in the fishery for which the
NZ/ICE/PAK, 6LAT
subsidy is granted ]
NZ/ICE/PAK, 6LAT, LDC
g) [Fleet capacity in the fishery for which the subsidy is granted ]

685 h) [In the case of developing and least developed countries, for any of the subsidies
under Articles 3.11 and 3.13, information whether the Member concerned makes use
EU
of the flexibilities provided for in Articles 5.5 and 5.6 ]

6LAT NZ/ICE/PAK, 6LAT

i) [Total imports and exports [, to the extent possible ] per species ]
 RD/TN/RL/29/Rev.3

- 18 –

EU
j) [Members shall also endeavour to include ] [status of the fish stocks in the fishery
NZ/ICE/PAK, EU, 6LAT
690 for which the subsidy is granted ] [(for example, overfished, fully
NZ/ICE/PAK EU
fished, underfished) ] [targeted by the vessel benefitting from the subsidy ]

EU
k) [Members shall also endeavour to include ] [conservation and management
NZ/ICE/PAK, EU, 6LAT, LDC
measures in place for the relevant fish stock ] [targeted by the
EU
vessel benefitting from the subsidy ]

695 l) [Members shall also endeavour to include any fishing capacity management plan
EU
applied to the fleet to which the vessels benefitting from the subsidy belong ]

m) [Name of the recipient;

USA
n) Vessel name and identification number; ]

6LAT
6.2 [Members [may ECU] [shall] also provide [, to the extent possible, ] information in relation
NZ/ICE/PAK
700 to other [subsidies granted to the fisheries sector ] [fishing related subsidies, granted or
6LAT NZ/ICE/PAK 6LAT
maintained, that are not covered by Article 6.1 ], [, for example ] [, in particular ]
NZ/ICE/PAK, 6LAT
fuel subsidies ] [and aquaculture USA]

6.2bis [Notwithstanding [Article 2.3] / [chapeau of Article 3] of this instrument, Members shall
notify the information referred to in [Article 6.1bis] with respect to non-specific subsidies for the
705 provision or use of fuel or for schemes that can reasonably be expected to result in the provision or
use of fuel, which benefit the fisheries sector. RUS]

6.3 [Nothing in this notification provision requires the provision of confidential information,
ACP
including confidential business [and/or scientific MOR] information. ]

6.4 [Notification requirements shall not be burdensome on developing countries with capacity
LDC, ACP
710 constraints, especially ] [The notification requirements referred to under Article 6.1 and 6.2
LDC
shall not apply to LDC Members. ]

6.5 [Members shall make this notification, for the first time, within one year after (the entry into
force/adoption) of this instrument. In the case of developing and least-developed country Members
the information requested in paragraph 6.1 shall be submitted to the Committee on Subsidies and
715 Countervailing Measures (SCM Committee) within (the entry into force/adoption) of this
6LAT
instrument, 2 years and 4 years, respectively. ]

6.6 [In order to enable the effective surveillance of subsidies elimination established in Article 3.1.1
the SCM Committee shall [accept CHN] receive communications from:

a. RFMOs [20 CHN] informing a determination finding that a vessel or operator has
720 engaged in IUU fishing activities in waters covered by such organization, and;

b. Members informing a determination finding that a vessel of a third country flag state
has engaged in IUU fishing activities within waters under the national jurisdiction of
the Member making the determination.

6LAT
The SCM Committee shall, upon receipt, circulate these communications to the Members. ]

725 6.7 [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
6LAT
the fishery for which the subsidy is provided, shall inform the SCM Committee. ]

20
[For the purpose of this Agreement, Regional Fisheries Management Organizations shall be recognized
by the FAO before XX-XX-201X, and incorporated as Annex 1 of this Agreement. CHN]
 RD/TN/RL/29/Rev.3

- 19 –

6.8 [Further to Article 3.3ter, and within one year of entry into force, each subsidizing Member
shall provide a[n] [upfront] notification [to the SCM Committee] detailing how it has implemented
730 the prohibitions, including how it administers its fisheries specific subsidy programs. AUS]

NZ/ICE/PAK, EU, ACP, LDC

Article 7 [Transitional provisions ]

LDC
7.1 [No [developed ] Member shall be obliged to apply Article 3 of this instrument before the
ACP, LDC LDC ACP
expiry of a period of [[x] year[s] ] [one year ] after entry into force of this
ACP, LDC ACP
instrument. Developing countries are entitled to a [further ] delay of [x] years, and LDCs
ACP, LDC ACP
735 are entitled to a [further [x] years ] [delay of [x] years after entry into force of this
LDC
instrument ].]

7.2 [Existing subsidy programmes which are inconsistent with Article 3.6 to 3.13 shall be brought
NZ/ICE/PAK
into conformity by 2020. ]

NZ/ICE/PAK
7.3 [No Member shall extend the scope of [any such programme ] [a programme
LDC
740 inconsistent with this instrument ], nor shall such a programme be renewed upon its
NZ/ICE/PAK, LDC
expiry ].

NZ/ICE/PAK, EU, 6LAT, LDC

Article 8 [Institutional arrangements ]

NZ/ICE/PAK, LDC, 6LAT NZ/ICE/PAK, LDC LDC ,

8.1 [The SCM Committee [shall ] hold a [dedicated ] [biennial
6LAT, NZ/ICE/PAK NZ/ICE/PAK, LDC 6LAT NZ/ICE/PAK
] [review ] [special session to evaluate the ] of [Members' ]
6LAT, LDC NZ/ICE/PAK, 6LAT, LDC NZ/ICE/PAK, LDC
745 [progress in the ] [implementation of ] [this instrument ],
6LAT
[the agreed disciplines and make recommendations for their future improvements. ], [the
nature and extent of Members' subsidy programmes, and the related fish stock status, production
NZ/ICE/PAK
and trade ]. [This review shall be supported by a WTO Secretariat report based on
Members' notifications complemented by relevant information provided by Members to the
NZ/ICE/PAK, LDC
750 Secretariat and information from other international organizations. ]

8.2 [The Committee shall review the operation of this instrument after three years, and periodically
NZ/ICE/PAK
thereafter. ]

8.3 [The flexibility set out in Article 5.6 shall be reviewed in view of the objectives set out in
UN Sustainable Development Goal 14 target 4 and target 6 at the end of the tenth year following
EU
755 the entry into force of this instrument. ]

[8.3A1 The Committee shall encourage and facilitate ad hoc consultations or negotiations among
Members on specific fisheries subsidies programs. The Committee shall develop a procedure to
monitor the implementation of Article 3, in particular with the objective of achieving consistency
among Members in applying the IUU prohibition.
760
8.3A2 The Committee shall maintain close contact with the relevant international organizations in
the field of fisheries management, especially with the Food and Agriculture Organization of the
United Nations (FAO), and relevant Regional Fisheries Management Organizations or
Arrangements, with the objective of securing the best available scientific and technical advice for
765 the administration of this Instrument and in order to ensure that unnecessary duplication of effort
is avoided.

8.3A3 In order to avoid unnecessary duplication, the Committee may decide to use the information
generated by the procedures, particularly for notification, which are in operation in the relevant
770 international organizations.

8.3A4 The Committee may invite experts from the relevant international organizations to examine
specific matters with respect to a particular guidelines, recommendations or decision. JPN]

8.4 [3.1 Nothing in this Agreement shall be interpreted as having any legal implications regarding
775 territoriality, sovereignty or maritime jurisdiction.
 RD/TN/RL/29/Rev.3

- 20 –

3.2 Any alleged IUU fishing activity involving disputes concerning territoriality, sovereignty or
maritime jurisdiction shall be excluded from the scope of this Agreement, and shall not constitute
IUU fishing under this Agreement.
780
3.3 For the purpose of this Agreement, the Understanding on Rules and Procedures Governing the
Settlement of Disputes shall not apply to any measure or situation having relevance to any issue of
territoriality, sovereignty or maritime jurisdiction.

785 3.3.1 Whenever any Member claims that there is a dispute under this agreement having any
relevance to territoriality, sovereignty or maritime jurisdiction, the dispute proceeding concerned
shall be automatically terminated immediately, unless the DSB decides by consensus otherwise.

3.3.2 Articles 3.3 and 3.3.1 shall be an integral part of the Understanding on Rules and Procedures
790 Governing the Settlement of Disputes. This Agreement shall not enter into force unless Articles 3.3
and 3.3.1 are incorporated into Appendix 2 Special or Additional Rules and Procedures Contained in
the Covered Agreements of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.

795 3.4 In order to combat IUU fishing, the WTO is encouraged to increase its cooperation with the FAO
and RFMOs. CHN]

[ANNEX I

A. Illegal fishing refers to activities:

800 i. conducted by national or foreign vessels in waters under the jurisdiction of a State,
without the permission of that State, or in contravention of its laws and regulations;

ii. conducted by vessels flying the flag of States that are parties to a relevant regional
fisheries management organization but operate in contravention of the conservation
and management measures adopted by that organization and by which the States are
805 bound, or relevant provisions of the applicable international law; or

iii. in violation of national laws or international obligations, including those undertaken by

cooperating States to a relevant regional fisheries management organization.

B. Unreported fishing refers to fishing activities:

i. which have not been reported, or have been misreported, to the relevant national
810 authority, in contravention of national laws and regulations; or

ii. undertaken in the area of competence of a relevant regional fisheries management

organization which have not been reported or have been misreported, in contravention
of the reporting procedures of that organization.

C. Unregulated fishing refers to fishing activities:

815 i. in the area of application of a relevant regional fisheries management organization

that are conducted by vessels without nationality, or by those flying the flag of a State
not party to that organization, or by a fishing entity, in a manner that is not consistent
with or contravenes the conservation and management measures of that organization;
or

820 ii. in areas or for fish stocks in relation to which there are no applicable conservation or
management measures and where such fishing activities are conducted in a manner
inconsistent with State responsibilities for the conservation of living marine resources
under international law.
 RD/TN/RL/29/Rev.3

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D. Notwithstanding paragraph C, certain unregulated fishing may take place in a manner which
ACP
825 is not in violation of applicable international law. ]

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