1. Manila, 2 - 6 June 2003 1 Fisheries in the WTO

2. Manila, 2 - 6 June 2003 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. 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. Manila, 2 - 6 June 2003 3 Outline 1) Fisheries Subsidies 2) Customs duties on Fish and Fish products 1) Fisheries Subsidies 2) Customs duties on Fish and Fish products

4. Manila, 2 - 6 June 2003 4 GATT/WTO and Subsidies Article XVI of the GATT (1949) Tokyo Round's Subsidy Code (1979) Agreement on Subsidies and Countervailing Measures (1995) Article XVI of the GATT (1949) Tokyo Round's Subsidy Code (1979) Agreement on Subsidies and Countervailing Measures (1995)

5. Manila, 2 - 6 June 2003 5 General definition of subsidy Fisheries Subsidies Fisheries Subsidy Negotiations General definition of subsidy Fisheries Subsidies Fisheries Subsidy Negotiations Fisheries Subsidies (Outline)

6. Manila, 2 - 6 June 2003 6 Article 1 General Definition of Subsidy (1) a subsidy shall be deemed to exist if: there is a financial contribution by a government; or a subsidy shall be deemed to exist if: there is a financial contribution by a government; or

7. Manila, 2 - 6 June 2003 7 General Definition of Subsidy (2) there is any form of income or price support in the sense of Article XVI of GATT 1994 there is any form of income or price support in the sense of Article XVI of GATT 1994 Article 1

8. Manila, 2 - 6 June 2003 8 General Definition of Subsidy (3) and a benefit is thereby conferred Article 1

9. Manila, 2 - 6 June 2003 9 General Definition of Subsidy (4) 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. Article 2

10. Manila, 2 - 6 June 2003 10 General Definition of Subsidy (5) There are two kinds of subsidies: (1) Prohibited subsidies; (2) Actionable subsidies. There are two kinds of subsidies: (1) Prohibited subsidies; (2) Actionable subsidies.

11. Manila, 2 - 6 June 2003 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. Manila, 2 - 6 June 2003 12 General Definition of Subsidy (6) Prohibited subsidies are contingent on – export performance; – the use of domestic over imported goods. Prohibited subsidies are contingent on – export performance; – the use of domestic over imported goods. Article 3

13. Manila, 2 - 6 June 2003 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. 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. Manila, 2 - 6 June 2003 14 General Definition of Subsidy (7) Actionable subsidies are those which cause to another Member: injury to the domestic industry; nullification or impairment of benefits; serious prejudice. Actionable subsidies are those which cause to another Member: injury to the domestic industry; nullification or impairment of benefits; serious prejudice. Article 5

15. Manila, 2 - 6 June 2003 15 RECAP To be subject to the disciplines of part III and V of the Subsidy Agreement, an Article 1 subsidy needs to be 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. Manila, 2 - 6 June 2003 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. Negotiations on fishery subsidies take place in the Negotiating Group on Rules. Several discussion papers and two negotiating proposals on the table.

17. Manila, 2 - 6 June 2003 17 Paragraph 28 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. 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. Manila, 2 - 6 June 2003 18 Fisheries Subsidies Negotiations On the negotiating table: 11 discussion papers by six countries or groups of countries. 2 negotiating proposals by two countries. On the negotiating table: 11 discussion papers by six countries or groups of countries. 2 negotiating proposals by two countries.

19. Manila, 2 - 6 June 2003 19 3 1 2 4 5 Subsidies Tariffs 7 6 9 9 8 8 Negotiating rounds SPS TBT GATT/ WTO GATT/ WTO

20. Manila, 2 - 6 June 2003 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. Manila, 2 - 6 June 2003 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. Manila, 2 - 6 June 2003 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. Manila, 2 - 6 June 2003 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. Market Access Negotiations: Mid May, Chair draft of modalities; End May, aim to reach agreement on modalities.

24. Manila, 2 - 6 June 2003 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. Chair draft on modalities: Formula for tariff reductions; + Zero-for-zero in selected sectors; S&D; and Elements with respect to ntb’s.

25. Manila, 2 - 6 June 2003 25 THE END!