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].