Additional Provisions ON FISHERIES SUBSIDIES

draft text

Explanatory note from the chair

Addendum

Dear colleagues,

Today, under my responsibility as Chair of the Negotiating Group on Rules, I am circulating a revised draft of the Additional Provisions on Fisheries Subsidies in document _TN/RL/W/285 (document W/285). This text reflects the progress made as a result of your intensive engagement in the run up to the July General Council (GC) meeting on the basis of document _TN/RL/W/279 (document W/279). My communication in document _TN/RL/36 (document 36) dated 13 September 2024 recounts in detail the process and substance of that engagement. This addendum describes the specific changes in document W/285 compared to document W/279.

The first set of changes in document W/285 concerns the issues identified in document 36, namely:

1)_        Edits in Article A.2 reflect Members' views expressed in July that they saw value in some fine-tuning of this provision to clarify the relationship between subparagraphs (a) and (b). Specifically, Article A.2(a) has now been split into two sentences. The first sentence obliges Members to refrain, to the greatest extent possible, from granting or maintaining contingent subsidies, while the second sentence provides that if Members nevertheless grant or maintain contingent subsidies, the requirements in Article A.2(b) shall be met.

2)_        In July, Members participating in the small group discussion on Article B.1 further clarified their understanding of the interplay between Article B.1 and Article B.3. While Members still hold different views on the length of the respective transition periods, which is now reflected with the highlighted blanks in Article B.1 and Article B.3, it was suggested that graduating LDC Members' access to the peace clause and its two two‑year extensions could be made unconditional. The new Articles B.1(b) and (c) reflect this. Furthermore, as suggested by some Members in July, footnote 20 has been adjusted  to clarify the interplay between the transition periods in Article B.1 and Article B.3.

3)_        In footnote 23, the term "industrialised" has been replaced with the term "industrial".

The second set of changes in document W/285 are of technical and linguistic nature identified through the quality control exercises undertaken previously, both by Members and me. These changes are:

4)_        References to "areas" both in footnote 6 and Article A.1.1(b)(ii) have been edited to refer to FAO Major Fishing Areas. In addition, footnote 6 has been modified to clarify that Members covered by Article B.1 and Article B.2 do not fall under Article A.1.1(b)(ii).

5)_        In Article A.1.1(c), "notification" has been replaced with "notifications", and "Article A.1.1" in the third row has been replaced with "Article A.1.1(a) or (b), as applicable,".

6)_        In footnote 14, "the" has been added before "status of the fish stocks".

7)_        In the first sentence of Article B.3(a) "date of" has been added before "entry into force". In addition, the last sentence in footnote 22 has been modified to reflect the scope of the transition period in Article B.3(a).

8)_        In Article B.3(b), "of these Additional Provisions" has been added after "Article A.1".

9)_        In Article C.2, "to" has been deleted before "the Committee".

Lastly, let me reiterate that the highlights in Article B.1 and Article B.3 on the one hand, and in footnote 25 and Article C.2(a) on the other hand, identify insertions and/or deletions needed before final adoption.

Ambassador Einar Gunnarsson

Chair of the Negotiating Group on Rules

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