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TWN Info Service on WTO and Trade Issues (Feb11/08) WTO Rules Group takes up proposals on fisheries
subsidies Geneva, 10 Feb (Kanaga Raja) -- The WTO Negotiating Group on Rules, at an informal meeting 7-9 February, discussed several proposals on fisheries subsidies including three on special and differential treatment for developing countries. At the beginning of the three-day session on 7
February, The Japanese proposal was however criticized by several countries as having low ambition and representing a step backwards in the negotiations on disciplining fisheries subsidies (see below). According to the Japanese proposal (TN/RL/GEN/171), the main and basic issue for the negotiations that are still pending is to decide what kinds of fisheries subsidies are to be prohibited because of their contributions to overcapacity and overfishing. In addition, said the proposal, the nature and the extent of such overcapacity and overfishing caused by subsidies and how such phenomenon can be recognized and dealt with in the entire picture of global fisheries activities and fisheries management need to be fully taken into account in the development of the discipline. The Japanese document contains specific text-based proposals on prohibition of certain fisheries subsidies, general exceptions, and special and differential treatment for developing countries. In its proposal, Japan said that it is specifically prepared to consider prohibition of subsidies on the following items, with appropriate general exceptions: vessel construction and repair; transfer of fishing vessels; certain forms of operating costs; price support; and further transfer of fishing access rights. Japan said that it does not support such "catch-all provisions" because: (1) the pre-determination of specific prohibitions is extremely difficult; (2) prohibitions could be sweepingly wide, encompassing every fishing activity that inadvertently catches endangered fish species; and (3) even subsidies that are necessary for the stock recovery of such fish species could be prohibited, as a result. According to trade officials, It underscored three basic points: subsidies to be prohibited should be confined to those that really contribute to overcapacity and overfishing; fisheries management systems are of paramount importance for long-term sustainability of fisheries resources; and that special and differential treatment for developing countries should be in the spirit of shared responsibility. According to trade officials, Chinese Taipei said that infrastructure and income
support should not be subject to disciplines, while On the other hand, According to trade officials, Trade officials said that The According to trade officials, the According to trade officials, On 8 February, In 2008, To better address development needs, It proposed that these countries would have access to a larger de minimis exemption than available to developed and larger-scale fishing developing countries, reflecting unique development needs (X% + Y%). An absolute de minimis component has also been included to include those situations where the fishing is at such a small scale that even the enhanced de minimis exemption (X% + Y%) would not exempt a small subsidy. For example, said Canada, where the total catch of a country is $150,000 and a fuel subsidy of $15,000 is provided, the subsidy is 10% of the value of the catch and would exceed any de minimis level, but would be exempted by the fixed amount threshold. According to trade officials, The The EU said that it strongly supports the Canadian proposal. It noted that a large number of its coastal communities depend on fishing for employment. Meanwhile, three proposals were tabled on special
and differential treatment for developing countries: one from The text proposed by Morocco contains amendments to the Chairman's text (TN/RL/W/213), reflecting its views regarding future disciplines on fisheries subsidies while maintaining the approach and structure of the text proposed by the Chairman. The amendments suggested by In the absence of a universal definition for this
category, These criteria are as follows: 1. The radius of activity, which must be confined to the inshore area within the territorial waters of the Member concerned; 2. The state of the catch when landed, which must be fresh; and 3. The organization of the activity, characterized by unsophisticated, non-capitalistic structures. The proposal by In the case of the sponsors of the proposal, artisanal fishing represents an important source of livelihood, employment and food security for their populations. "We therefore seek to promote the sustainable development of artisanal fisheries through various measures such as the provision and maintenance of basic infrastructure, the improvement of fishing vessels, and training for fishermen, as well as through programmes aimed at enhancing the management of such fisheries," they said. They proposed that the geographical area in which artisanal fishing activity is practised be defined as the "waters under the national jurisdiction of the Member States". They further proposed several cumulative conditions including amongst others that artisanal fishery products be "mainly destined for direct human consumption"; the size of artisanal vessels should be "15 metres in length"; fishing operations be "carried out using simple fishing gear, tools and techniques and involve predominantly manual labour"; and destructive fishing practices (such as dynamiting and poisoning) be banned. Furthermore, said the proposal, in order for Members to apply this regime, it is mandatory that they establish a fisheries management system and contains flexibilities and ad hoc mechanisms, and which ensures the sustainability of resources. To this end, the disciplines must provide for a five-year period to implement such a system. In their proposal, Argentina, Chile, Egypt and Uruguay consider that, in order to reflect an adequate balance between sustainability and development, the conditions under which a developing country could exercise its right to grant or maintain subsidies to fishing activities in accordance with the future disciplines to be adopted should be: (a) with regard to capacity: (i) the existence of under-exploited or unexploited fisheries resources within its jurisdiction (exclusive economic zone), and, (ii) the lack of enough fishing capacity to exploit the natural resource in a sustainable way; (b) with regard to infrastructure: the improvement in physical port facilities exclusively or predominantly for activities related to marine wild capture fishing, in jurisdictional waters, related to the livelihood of fishers and their families, and in compliance with FAO Code of Conduct. The four sponsors said that compliance with these two conditions would allow to reach a balance between exploitation and sustainability in any circumstance, and this would allow the diverse situations prevailing within the group of WTO Developing Country Members to be taken into account. Reaching such equilibrium would necessarily require the future disciplines to be flexible and dynamic, in order to be able to keep pace with technological changes and adapt to developmental change in beneficiary countries. The latter is one of the reasons why it is considered convenient and desirable to avoid the use of static parameters such as boat length, percentage of participation in marine capture fisheries, etc. in the definition of conditionalities for the S&DT disciplines, they said. They added that a change in the level of coverage would not necessarily imply a change in the structure of the S&DT discipline which, broadly, could be described on the basis of the following three necessary elements: (a) definition of S&DT beneficiaries; (b) conditionalities required in order to access the benefit; and ( c) exceptions to conditionalities. According to trade officials, the three proposals were generally well-received, in particular, by other developing countries. Trade officials said that According to trade officials, the
Chair, Ambassador Dennis Francis of
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