REPORT ON THE second triennial REVIEW OF THE ministerial decision

of 19 december 2015 on export competition

1  mandate and process

1.  Paragraph 5 of the Nairobi Ministerial Decision on Export Competition adopted on 19 December 2015^[1] (the Nairobi Decision on Export Competition) provides that: "The regular sessions of the Committee on Agriculture shall review every three years the disciplines contained in this Decision, with the aim of enhancing disciplines to ensure that no circumvention threatens export subsidy elimination commitments and to prevent non-commercial transactions from being used to circumvent such commitments".

2.  The first triennial review of the Nairobi Decision on Export Competition took place in 2018 and concluded with the adoption of the report by the Committee on Agriculture (CoA) on 26 September 2018^[2].

3.  Members discussed the second triennial review in seven informal meetings of the CoA on 29 March 2021, 17 June 2021, 23 September 2021, 2 February 2022, 18 February 2022, 4 March 2022 and 15 March 2022, complemented by several consultations held by the Chair of the CoA.

4.  The Chair reported on these meetings in the formal meetings of the CoA on 29-30 March 2021^[3], 17-18 June 2021^[4], 23-24 September 2021^[5] and 15-16 March 2022^[6].

5.  It was noted from the outset that the second triennial review would be undertaken in parallel with two other export competition related tracks:

a.    First, the annual dedicated discussion process in the CoA to monitor the implementation of the disciplines contained in the Nairobi Decision on Export Competition. As was highlighted by Members, 2021 was a significant year since for the first time all Members were expected to reply to the questionnaire, following the expiry of the grace period foreseen in footnote 17 of the Decision.

b.    Second, the agricultural negotiations undertaken in the framework of the Committee on Agriculture in Special Session (CoA-SS) with a view to reaching an outcome on agriculture at the 12th Ministerial Conference (MC12).