Proposed guidelines for Submission of Questions
and Answers under Articles 25.8 and 25.9

2024 APRIL MEETING OF THE SUBSIDIES AND
COUNTERVAILING MEASURES COMMITTEE

Proposal from Australia, Canada, the European Union, Japan,
the United Kingdom, and the United States

Revision

The following communication, dated and received on 10 April 2024, is being circulated at the request of the delegations of Australia, Canada, the European Union, Japan, the United Kingdom, and the United States.

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1.     At MC12 Members committed to work towards necessary reforms to improve all of the functions of the WTO.^[1] Since MC12, all WTO committees have made reforms, either by simply taking the reformed actions or through Committee decisions. These improvements not only improve the implementation of the various WTO agreements, but provide tangible benefits and increased transparency to both WTO Members and their stakeholders.

2.     Australia, Canada, the European Union, Japan, the United Kingdom, and the United States again put forward for consideration of Members a proposal on submissions of requests for information under Article 25.8 and written answers to questions submitted under Article 25.9 of the Agreement on Subsidies and Countervailing Measures. This proposal seeks to facilitate greater information sharing and transparency among Members while also recognizing the difficulties faced by some Members when responding to questions. Indeed, this proposal reflects the practice that nearly all Members already follow when answering Article 25.8 questions and is a proposal the Committee on Subsidies and Countervailing Measures can adopt, in line with the agreed-upon outcomes at MC12. This proposal will increase the ability of Members to adequately monitor other Members' subsidy practices and will increase transparency for businesses and the public on those programs.

Proposed text:

3.     Pursuant to Article 25.8 of the Agreement on Subsidies and Countervailing Measures: "Any Member may, at any time, make a written request for information on the nature and extent of any subsidy granted or maintained by another Member (including any subsidy referred to in Part IV), or for an explanation of the reasons for which a specific measure has been considered as not subject to the requirement of notification."

4.     Article 25.9 of the Agreement on Subsidies and Countervailing Measures then states, "Members so requested shall provide such information as quickly as possible and in a comprehensive manner, and shall be ready, upon request, to provide additional information to the requesting Member. In particular, they shall provide sufficient details to enable the other Member to assess their compliance with the terms of this Agreement. Any Member which considers that such information has not been provided may bring the matter to the attention of the Committee."

5.     The submission of requests for information under Article 25.8 and the submission of answers under Article 25.9 should be on the basis of a written procedure, i.e., on the basis of written questions and written answers.

6.     Members who receive a written request under Article 25.8 shall provide written answers as quickly as possible, i.e., Members should, to the extent possible, and taking into account the time necessary to consult sub-central governments, provide answers within 90 days after the receipt of the request. In answering a written request of a Member, the requested Member shall provide sufficient and comprehensive details in writing to enable the other Member to assess their compliance with the terms of the Agreement on Subsidies and Countervailing Measures. Written replies to follow up questions should, to the extent possible, be answered within 60 days.

7.     All requests under Article 25.8 to which written responses have not been provided will remain on the agenda of the Committee on Subsidies and Countervailing Measures until such time that the Members so requested have answered, as described under Article 25.9 and these procedures.

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