SPECIAL SAFEGUARD PROVISIONS FOR DEVELOPING COUNTRY MEMBERS

Ministerial Decision of 18 December 2015, Nairobi, Kenya

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 special and differential treatment provisions under the special safeguard provisions under Article 5;

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 trade 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^[1] in August 2004 and paragraph 7 of the Hong Kong Ministerial Declaration in December 2005^[2], in particular the mandate to establish special safeguard provisions for developing country Members based on price and quantity triggers;

Recognizing the critical importance of instituting an accessible and effective trade remedy tool that is especially tailored 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 development in developing country Members;

Reaffirming our commitment under paragraph 13 of the Doha Development Agenda^[3], 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 adding new paragraphs 10-13 under Article 5 to provide special and differential treatment provisions for developing country Members as provided in Attachment 1 to this Decision.

2.         The Protocol of Amendment contained in Attachment 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 open for acceptance [until 31 December 201_].

5.         The Protocol shall enter into force in accordance with Article X:3 of the WTO Agreement.