Presented by Clarisse Morgan, Senior Counsellor World Trade Organization

1. Presented by Clarisse Morgan, Senior Counsellor World Trade Organization FAO/InfoSamak Regional Workshop Casablanca, Morocco Monday, 2 June 2014

2. Tariffs • SPS/TBT measures • Dispute settlement (including on sustainability-oriented measures as trade barriers) • Fisheries subsidies – DDA negotiations

3. “Fish and Fish Products” are explicitly excluded from the Agreement on Agriculture • (Annex I of AoA) • Therefore • Subsidy rules – Agreement on Subsidies and CV Measures • All other areas – the generally-applicable rules

4. On average, tariff rates are relatively high • For all WTO Members and certain observers • Simple average rate 2012: 13.8% • For participants in the workshop (where info available) • Simple average rate 2012: 14.7%

5. No information available for other participants.

6. Biggest issue for NAMA negotiations on fish products • Product scope covered by the negotiations • I.e., what exactly is NOT covered by the Agreement on Agriculture, based on the exclusion in its Annex I, and thus would be covered by NAMA outcome • Issue essentially settled in 2008 negotiating draft, with a few deviations (including Japan – seaweed) • HS codes/headings on fish/fish products covered by NAMA: • Chapter 3; 05.08; 05.09; 0511.91; 1504.10; 1504.20; ex 1603.00; 16.04; 16.05; 2301.20

7. SPS Measures database: 529 measures, notified by 58 Members • “Regular” notifications – announcing e.g., importation regulations for certain products • “Emergency” notifications – for measures to control disease, pests, etc. • The notifying Members are diverse in terms of size and development status

8. TBT Measures database: 74 regular notifications, by 23 Members • “Regular” notifications – e.g., procedures for determining weight of frozen fish • No notifications of other kinds (“other”, or “specific trade concerns”) in respect of fish products

9. Fish and fish products frequent subjects of WTO dispute settlement • SPS cases • TBT cases • Trade remedies • Other (including sustainability-oriented trade measures)

10. SPS – 2 (salmon) • TBT – 6 (salmon, sardines, scallops, shrimps, tuna) • Trade remedies • Anti-dumping – 8 (salmon, shrimps) • Countervailing duties – 1 (salmon) • Safeguards – 2 (salmon)

11. Other – 4 (seaweed, shrimps, herring, swordfish) • Herring and swordfish cases – Port access restrictions due to sustainability concerns • At issue – inter alia, refusal of entry of the catch or products made using the catch, due to concerns over sustainability of the fishing • Swordfish (Chile/EU) – Chile’s measure aimed at protecting swordfish from overfishing • Herring (EU/Faroe Islands) – EU considers catch limit set by Faroe Islands to be unsustainably high

12. Rules negotiations Anti-Dumping Agreement Subsidies and Countervailing Measures Agreement Doha Mandate: Clarify and improve disciplines Fisheries Subsidies 12

13. Strengthen disciplines on fisheries subsidies (i.e., ASCM disciplines) • Including by prohibiting certain types of fisheries subsidies • That contribute to overcapacity and overfishing 13

14. Appropriate and effective special and differential treatment for developing and least developed Members • As an integral part of the negotiations • Taking into account the importance of the sector for development, poverty reduction, and concerns over livelihoods and food security • So, a balance is needed between different priorities 14

15. Two categories of prohibited subsidies • Contingent on exports • Contingent on use of domestic goods • All other “specific” subsidies: “actionable” – subject to remedial action if they cause certain adverse trade effects – case-by-case analysis 15

16. The disciplines cover - Certain defined effects of subsidies on trade flows: • Prohibited subsidies: trade distortion is presumed • Actionable subsidies: negative effects on trade flows of specified goods in specified markets, caused by competition from subsidized “like” goods • Injury; Serious Prejudice; Nullification or Impairment of negotiated benefits 16

17. Adverse effects of subsidies on fisheries • Exhaustion of marine resources - “too many boats chasing too few fish” • Environmental problem – Harm to marine ecosystems and species (sustainability) • Economic and trade problem – Who will capture the scarce and diminishing – and valuable - resource (the one with or without the subsidy)? • Can the existing disciplines of the ASCM address these sorts of effects? 17

18. 2002-2007 – Proposals from Members • End-2007 – Chair’s draft text (very controversial) (TN/RL/W/213) • 2008 – discussion of “roadmap” of questions from Chair (TN/RL/W/236) • 2009-April 2011 – Proposals from Members and intensification of negotiating process • April 2011 – Chair report (in lieu of new Chair text) detailing issues and difficulties in resolving them (TN/RL/W/254)

19. 2014 – For DDA as a whole, develop Work Programme to complete the Round • For areas other than Big 3 (Ag, NAMA, Services) Chairs are consulting with Members • No movement likely without progress in Big 3, which need to progress together • Prospects for inclusion of fisheries subsidies in the Work Programme? • Demandeurs affirmatively requesting this • No one openly opposed to date, although substance remains difficult for many • End-July, may be some clarity on overall and FS prospects

20. THANK YOU VERY MUCH FOR YOUR ATTENTION!