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Negotiating Group on Rules - Additional provisions on fisheries subsidies - Draft General Council Decision of [date]

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.

 

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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.

 

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annex

ADDITIONAL provisions on FISHERIES subsidies

TO BE INSERTED

 

 

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[1] 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.