PROPOSED PERMANENT SOLUTION ON PUBLIC STOCKHOLDING
FOR FOOD SECURITY PURPOSES
SUBMISSION BY THE G-33[1]
Draft Ministerial
Decision of 18 December 2015, Nairobi, Kenya
The following communication submitted
by the G-33, dated 24 November 2015, is being circulated for consideration by
Members.
_______________
The Ministerial Conference,
Having regard to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the
World Trade Organization;
Recognizing the importance of public
stockholding for food security purposes for developing country Members;
Noting the Ministerial Decision of 7 December 2013 on
Public Stockholding for Food Security Purposes (WT/MIN(13)/38-WT/L/913) dated
11 December 2013 and the General Council Decision WT/L/939, dated 27 November
2014 ;
Decides that
1.
The Agreement on Agriculture shall be amended by inserting a new Annex 6
as provided in Attachment 1 to this Decision and for consistency purposes
amendments as provided in attachment 2.
2. The Protocol of Amendment contained
in Attachment 3 to this Decision is hereby adopted.
3. [The Protocol of Amendment shall
remain open for acceptance [until 31 December 201_]].
4. The Protocol shall enter into force
in accordance with Article X:3 of the WTO Agreement.
5.
Pending entry into force of the Protocol and the amendment, developing
country Members may use the provisions under Attachment 1 to this Decision and
Members shall not challenge through the WTO Dispute Settlement Mechanism the
compliance of a developing country Member with its obligations under Articles
6.3 and 7.2(b) of the Agreement on Agriculture with respect to any use by that
Member of these provisions.
Attachment 1
Annex 6
Domestic Support
Measures by Developing Country Members:
Public Stockholding for Food Security Purposes
Notwithstanding
any other provision contained in this Agreement, developing country members and
Least Developed Country Members shall be eligible to implement current and
future programmes in respect of public stockholding for food security purposes
that are consistent with the criteria set forth in this Annex.
1.
Programmes for public stockholding for food security purposes shall
include:
a. programmes for the acquisition of
foodstuffs at administered prices by the Government in developing country Members/Least
Developed Country Members with the objective of supporting low income or
resource poor producers;
b. programmes for the acquisition of
foodstuffs at administered prices by the Government in developing country Members/Least
Developed Country Members and its subsequent distribution at subsidised prices
with the objective of meeting food security requirements of urban and rural
poor, and of maintaining adequate availability of foodstuff and/or ensuring
food price stability.
2.
The operation of programmes referred to in paragraph 1 above shall be
transparent and conducted in accordance with officially published objective
criteria or guidelines.
3.
Programmes referred to in paragraph 1 above shall not be required to be
accounted for in the Aggregate Measurement of Support.
Notification
4.
Members shall notify programmes maintained under this Annex to the
Committee on Agriculture on an annual basis.
Other Issues
(………………….)
Attachment 2
For
consistency the following amendments shall be made to the Agreement on
Agriculture:
·
Article 6:1: A
sentence to be added at the end of the Article that "Exceptions to
domestic support measures specified in Annex 6 will apply to developing country
Members, notwithstanding anything stated
in this Agreement".
·
Article 7:1: Words "and
Annex 6" to be added after reference to Annex 2.
·
Article 7:2(a): Words
"and Annex 6" to be added after reference to Annex 2
·
Article 7.2(b): A
sentence to be added that "This provision shall not apply to programmes
listed in Annex 6 of the AoA."
·
Article 18.3: Words "or
in Annex 6" to be added after reference to Annex 2
·
Annex 3: Opening
sentence to be revised to "Subject to the provisions of Article 6 and
Annex 6…"
·
Footnote 5 of Annex
2: For the purposes of paragraph 3 of this Annex,
governmental stockholding programmes for food security purposes in developing country Members whose operation is
transparent and conducted in accordance with officially published objective
criteria or guidelines shall be considered to be in conformity with the
provisions of this paragraph, including programmes under which stocks of
foodstuffs for food security purposes are acquired and released at administered
prices. The expenditure incurred under such programmes shall be accounted for
in accordance with Annex 6 of the AoA.
Attachment 3
Protocol of Amendment
The Ministerial Conference,
Having regard to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the
World Trade Organization (the "WTO
Agreement");
Decides as follows:…
1.
The Agreement on Agriculture shall, upon entry into force of this
Protocol pursuant to paragraph 4, be amended by the insertion of Annex 6 as set
out in the Annex to this Protocol.
2.
Reservations may not be entered in respect of any of the provisions of
this Protocol without the consent of the other Members.
3.
This Protocol is hereby open for acceptance by Members [until _____].
4.
This Protocol shall enter into force in accordance with paragraph 3 of
Article X of the WTO Agreement.[2]
5.
This Protocol shall be deposited with the Director-General of the World
Trade Organization who shall promptly furnish to each Member a certified copy
thereof and a notification of each acceptance thereof pursuant to paragraph 3.
6.
This Protocol shall be registered in accordance with the provisions of
Article 102 of the Charter of the United Nations.
Done at Geneva this (date) day of (month) (year),
in a single copy in the English, French and Spanish languages, each text being
authentic.
__________
[1] Without
prejudice to the positions of Pakistan and Peru.
[2] For the purposes of calculation
of acceptances under Article X.3 of the WTO Agreement, an instrument of
acceptance by the European Union for itself and in respect of its Member States
shall be counted as acceptance by a number of Members equal to the number of
Member States of the European Union which are Members to the WTO.