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TWN Info Service on WTO and Trade Issues (Dec24/01)
4 December 2024
Third World Network


WTO: Fisheries chair aims to conclude OCOF subsidies deal, ignoring CBDR
Published in SUNS #10131 dated 4 December 2024

New Delhi, 3 Dec (D. Ravi Kanth) — The chair of the Doha fisheries subsidies negotiations at the World Trade Organization, Ambassador Einar Gunnarsson of Iceland, said on 29 November that he wants to conclude the proposed agreement on disciplines on subsidies contributing to overcapacity and overfishing (OCOF) at the upcoming WTO’s General Council meeting on 16-17 December.

The chair’s seemingly sudden move came hours after the appointment of the WTO Director-General, Ms Ngozi Okonjo-Iweala, for a second term, said people familiar with the development.

The chair said that he is commencing bilateral meetings as well as meetings in different configurations on 2 December, according to an email he sent to trade envoys on 29 November.

It appears to be an alleged attempt to isolate India and several other developing countries who had raised fundamental objections to his draft text (TN/RL/W/279) issued on 10 July 2024.

These countries demanded the incorporation of disciplines based on the principle of common but differentiated responsibilities (CBDR) as enshrined in the Paris Climate Change Agreement of 2015 in the chair’s latest revised draft text (TN/RL/W/285) issued on 29 November 2024.

The developing countries remain concerned that the disciplines proposed by the chair in document TN/RL/W/ 285 fall woefully short of the substantive changes they had proposed in the run-up to the previous WTO General Council meeting in September this year, said several trade envoys who asked not to be quoted.

CHAIR’S EMAIL TO MEMBERS

In an email sent to trade envoys on 29 November, seen by the SUNS, the chair wrote, “I have sought the advice of the Director-General and the Chair of the General Council, and have held eight additional bilateral consultations with members and group representatives.”

The chair said his assessment “continues to be that the overwhelming majority of Members continue to stand ready to conclude our negotiations in December on the basis of document TN/RL/W/279 (document W/279) as it is or with some limited tweaks in line with those that I identified during our process in the run-up to the July General Council meeting.”

The chair’s statement citing the “overwhelming majority of Members” continuing to stand ready to conclude the negotiations in December appears to be at odds with the reality on the ground, as an overwhelming number of countries have still not ratified the first phase of the Fisheries Subsidies Agreement concluded in June 2022, said a trade envoy, who asked not to be quoted.

However, in his email, the chair acknowledged that: “I also recognize that a few Members advise against trying to use the December General Council to conclude the negotiations.”

“At least two members maintain that they need to [see] substantial changes in several different aspects of the agreement in order to be able to join consensus,” the chair said, without mentioning the two countries.

Also, the chair’s move to conclude an agreement at the General Council meeting, scheduled to be held on 16-17 December, appears to be an alleged attempt to avoid vetting by the new Trump administration, said a trade envoy who asked not to be quoted.

In his email, the chair said, “recognizing how far we have come, and the fact that there may be no opportune moment in time, I feel compelled to explore whether a path can be found to bring our negotiations to a successful close.”

Therefore, he said that he has asked his mission, Iceland, “to request the inscription, by the 5 December deadline, of the Additional Provisions on Fisheries Subsidies, for decision on the agenda of the December General Council meeting”.

Several trade envoys said that they see a pattern emerging as to how an agreement is allegedly being “bulldozed” through without substantial changes, as demanded by India, Indonesia, and several African countries, somewhat akin to what happened recently at COP29 in Baku, Azerbaijan, where the developed countries walked away with seemingly paltry financial commitments despite being historically responsible for climate change.

“Here again we are seeing an attempt by the chair, with the support of the DG and the GC chair, attempting to bulldoze the agreement without addressing the fundamental objections raised by India and several other developing countries with varying levels of demands,” said a trade envoy, who asked not to be quoted.

In his email, noting “for the purposes of inscription (by Iceland),” the chair said: “I am circulating document TN/ RL/W/285 (document 285), a revised version of the draft Additional Provisions, accompanied by an addendum dealing with all the changes.”

According to Ambassador Gunnarsson, “in addition to the yellow highlighting in document W/279, I have also highlighted the transition periods for further action before final conclusion.”

He said, “in the run-up to the General Council, I intend to engage with Members to continue to forge a consensus on these and any other issues. As I have previously indicated, I continue to believe that if we can narrow down the remaining substantial differences, we have a realistic chance of reaching a final agreement.”

“Like in July”, said Ambassador Gunnarsson, “I will first organize three sessions inviting interested members to express their preliminary views on document W/285 and our process.”

“As per custom”, the chair maintained, “all Members have the opportunity to listen in to those sessions on Interprefy but can attend only one session in person.”

“Thereafter, it already seems clear that we need engagements in small configurations on Article A.1, Article B.5 and the transition periods.”

He also announced for planning purposes for capital-based officials a tentative schedule of work over the next two weeks.

The schedule comprises the following meetings:

* The week of 2 December will be dedicated to bilaterals and meetings in other configurations, including the three sessions on document W/285 and next steps.

* For the week of 9 December, I plan the possibility of continuous engagement up to the December General Council (meeting on 16-17 December).

The chair said that “this roadmap will of course be adapted as necessary as the work progresses, and we may extend our activities in the evenings and over weekends.”

“As always, throughout this process, I will organize our work in a manner to maintain transparency and inclusiveness,” the chair stressed. +

 


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