Fisheries in the WTO

1. Fisheries in the WTO Presentation by Christina Schröder, Agriculture & Commodities Division, WTO christina.schroder@wto.org

2. DDA and Fisheries Main centre of interest to fisheries and aquaculture are negotiations on fisheries subsidies in Rules Neg. Group but also tariff and non-tariff negotiations in Market Access Neg. Group.

3. Outline 1) Fisheries Subsidies 2) Customs duties on Fish and Fish products

4. GATT/WTO and Subsidies • Article XVI of the GATT (1949) • Tokyo Round's Subsidy Code (1979) • Agreement on Subsidies and Countervailing Measures (1995)

5. Fisheries Subsidies(Outline) • General definition of subsidy • Fisheries Subsidies • Fisheries Subsidy Negotiations

6. General Definition of Subsidy (1) • a subsidy shall be deemed • to exist if: • there is a financial • contribution by a government;or Article 1

7. General Definition of Subsidy (2) Article 1 • there is any form of income or price support in the sense of Article XVI of GATT 1994

8. General Definition of Subsidy (3) and a benefit is thereby conferred Article 1

9. General Definition of Subsidy (4) Article 2 A Specific subsidy is a subsidy available only to an enterprise, industry, group of enterprises, or group of industries in the country that gives the subsidy.

10. General Definition of Subsidy (5) There are two kinds of subsidies: (1) Prohibited subsidies; (2) Actionablesubsidies.

11. General Definition of Subsidy (6) Non-actionable subsidies lapsed on 31 December 1999 and do not exist anymore for the purposes of the Subsidy Agreement.

12. General Definition of Subsidy (6) Prohibited subsidies are contingent on • export performance; • the use of domestic over imported goods. Article 3

13. General Definition of Subsidy (7) Article 3(a) Exceptions: 1) LDC’s and developing countries with less than US$1,000 per capita GNP. 2) Other developing countries: terminate by end of 2002 or request extension.

14. General Definition of Subsidy (7) Article 5 Actionable subsidies are those which cause to another Member: • injury to the domestic industry; • nullification or impairment of benefits; • serious prejudice.

15. RECAP To be subject to the disciplines of part III and V of the Subsidy Agreement, an Article 1 subsidy needs to be Actionable Specific! and

16. Fisheries Subsidies Negotiations Negotiations on fishery subsidies take place in the Negotiating Group on Rules. Several discussion papers and two negotiating proposals on the table.

17. Paragraph 28 Fisheries Subsidies Negotiations DD: participants shall aim to clarify and improve WTO disci-plines on fisheries subsidies, taking into account importance of this sector to developing countries.

18. Fisheries Subsidies Negotiations • On the negotiating table: • 11 discussion papers by six countries or groups of countries. • 2 negotiating proposals by two countries.

19. Recap GATT/ WTO Negotiating rounds Tariffs 3 7 8 Subsidies 5 1 4 2 SPS 6 9 TBT

20. Customs Duties on Fish and Fish Products Since 1986, tariffs on fish and fish products are estimated to have decreased by some 26 per cent to an average level of 4.5 per cent

21. Customs Duties on Fish and Fish Products Tariff and ntb’s for fish and fish products, including aquaculture products, are handled in the Market Access Neg. Group as part of the general tariff and ntb negotiations.

22. Doha Ministerial Declaration shall aim, ..., to reduce or as appro-priate eliminate tariffs, including the reduction or elimination of tariff peaks, high tariffs, and tariff escalation, as well as ntb’s, in particular on products of export interest to developing countries.

23. Customs Duties on Fish and Fish Products Market Access Negotiations: • Mid May, Chair draft of modalities; • End May, aim to reach agreement on modalities.

24. Customs Duties on Fish and Fish Products Chair draft on modalities: • Formula for tariff reductions; + • Zero-for-zero in selected sectors; • S&D; and • Elements with respect to ntb’s.

25. THE END!