additional provisions
on fisheries subsidies
DRAFT
General Council Decision of [DATE]
The General
Council;
_Having regard to
paragraph 1 of Article X of the Marrakesh Agreement Establishing the World
Trade Organization (the "WTO Agreement");
Conducting
the functions of the Ministerial Conference pursuant to paragraph 2 of Article
IV of the WTO Agreement;
Recalling the mandate
given to Members at the Twelfth Session of the WTO Ministerial Conference in
paragraph 4 of the Ministerial Decision on the Agreement on Fisheries Subsidies
(_WT/MIN(22)/33 – _WT/L/1144), that the Negotiating Group on Rules continue
negotiations based on the outstanding issues in documents _WT/MIN(21)/W/5 and _WT/MIN(22)/W/20 with a view to making
recommendations to the Thirteenth Session of the WTO Ministerial
Conference for additional provisions that would achieve a comprehensive
agreement on fisheries subsidies, including through further disciplines on
certain forms of fisheries subsidies that contribute to overcapacity and
overfishing, recognizing that appropriate and effective special and
differential treatment for developing country Members and least developed
country Members should be an integral part of these negotiations;
Noting that the
Ministers agreed as part of the aforementioned Decision to adopt the Protocol Amending the WTO
Agreement Establishing the World Trade Organization, Agreement on Fisheries
Subsidies, done at Geneva on 17 June 2022 (the "2022 Protocol"),
which has not yet entered into force;
Considering
that Article 12 of the Agreement on Fisheries Subsidies annexed to the 2022 Protocol
provides that,
if comprehensive disciplines are not adopted within four years of the entry
into force of that Agreement, and unless otherwise decided by the General
Council, that Agreement shall stand immediately terminated; and
Recognizing
that, by
adopting the attached Protocol amending the WTO Agreement, Members have adopted
the additional provisions that, together with the Agreement on
Fisheries Subsidies annexed to the 2022 Protocol,
achieve a comprehensive agreement on fisheries subsidies in accordance with the
mandate given to
Members at the Twelfth Session of the WTO Ministerial Conference held in Geneva
in 2022 in paragraph 4 of the Ministerial Decision on the Agreement on
Fisheries Subsidies, and constitute the comprehensive
disciplines referred to in Article 12 of the Agreement on Fisheries Subsidies;
Decides
as follows:
1. The
Protocol amending the WTO
Agreement, _attached
to this Decision (the "Protocol") is hereby adopted and submitted to
the Members for acceptance.
2. The Protocol shall hereby be open for acceptance by Members. Members that, at the time of
accepting the attached Protocol, have not yet accepted the 2022 Protocol, can accept
the attached Protocol only together with the 2022 Protocol.
3. The Protocol shall enter into force in accordance with the provisions
of paragraph 3 of Article X of the WTO Agreement.
_______________
ATTACHMENT
Protocol
amending the marrakesh agreement establishing
the world
trade organization
ADDITIONAL
provisions on FISHERIES subsidies
Members of the World Trade
Organization;
Having regard to the Decision of the General
Council in document WT/L/…, adopted pursuant to paragraph 1 of Article
X of the Marrakesh Agreement Establishing the World Trade Organization
("the WTO Agreement");
Hereby agree as
follows:
1. Annex
1A to the WTO Agreement shall, upon entry into force of this Protocol pursuant
to paragraph 4, be amended by the insertion of the Additional
Provisions on Fisheries Subsidies, as set out in the Annex
to this Protocol, to be placed before
the Agreement on Safeguards.
2. Reservations may not be
entered in respect of any of the provisions of this Protocol.
3. This
Protocol is hereby open for acceptance by Members. Members that, at the time of accepting this
Protocol, have not yet accepted the Protocol
Amending the WTO Agreement Establishing the World Trade Organization, Agreement
on Fisheries Subsidies, done at Geneva on 17 June 2022 ("the 2022 Protocol"), can accept the
present Protocol only together with the 2022 Protocol.
4. This Protocol shall
enter into force in accordance with paragraph 3 of Article X of the WTO Agreement.[1]
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 […] day of […] two thousand and twenty-four, _in a single copy in the English,
French and Spanish languages, each text being authentic.
_______________