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Negotiating Group on Rules - Fisheries subsidies - Revised draft consolidated chair text - Revision

NEGOTIATING GROUP ON RULES – FISHERIES SUBSIDIES

revised draft consolidated chair text

Note: This document is without prejudice to any Members' positions or views, whether or not reflected herein.

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Article 1: Scope

1.1  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, to marine wild capture fishing and fishing related activities at sea.[1], [2]

1.2  [Notwithstanding paragraph 1 of this Article, this [Instrument] also applies to fuel subsidies to fishing and fishing related activities at sea that are not specific within the meaning of Article 2 of the SCM Agreement.]

Article 2: Definitions

For the purpose of this [Instrument]:

(a)   "fish" means all species of living marine resources, whether processed or not;

(b)   "fishing" means searching for, attracting, locating, catching, taking or harvesting fish or any activity which can reasonably be expected to result in the attracting, locating, catching, taking or harvesting of fish;

(c)    "fishing related activities" means any operation in support of, or in preparation for, fishing, including the landing, packaging, processing, transshipping or transporting of fish that have not been previously landed at a port, as well as the provisioning of personnel, fuel, gear and other supplies at sea;

(d)   "vessel" means any vessel, ship of another type or boat used for, equipped to be used for, or intended to be used for, fishing or fishing related activities;

(e)   "operator" means the owner of the vessel, or any person on board, who is in charge of or directs or controls the vessel.



[1] For greater certainty, aquaculture and inland fisheries are excluded from the scope of this [Instrument].

[2] For greater certainty, government-to-government payments under fisheries access agreements shall not be deemed to be subsidies within the meaning of this [Instrument].