   
  
WT/MIN(22)/W/22  
 
17 June 2022  
(22-4711) Page: 1/9 
Ministerial Conference  
Twelfth Session  
Geneva, 12 -15 June 2022    
 
AGREEMENT ON FISHERIES SUBSIDIES  
DRAFT MINISTERIAL DEC ISION OF 1 7 JUNE 2022  
The Ministerial Conference ; 
Having regard to  paragraph  1 of Article  X of the Marrakesh  Agreement  Establishing the 
World  Trade  Organization (the  "WTO  Agreement") ; 
Recalling  the mandate given to M ember s at the Eleventh  WTO Ministerial Conference in 2 017 
in Buenos Aires that the next Ministerial Conference should adopt an agreement on comprehensive 
and effective disciplines that prohibit s certain forms of  fisheries subsidies that contribute to 
overcapacity and overfishing, and eliminate s subsidies that contribute to IUU -fishing recognizing 
that appropriate and effective special and differential treatment for developing country Members and 
least developed c ountry Members should be an integral part of these negotiations.  
 Decides  as follows:  
1. The Protocol amending the WTO Agreement attached to this Decision is hereby adopted and 
submitted to the Members for acceptance.  
2. The Protocol shall hereby  be open for acceptance by Members.  
3. The Protocol shall enter into force  in accordance with the provisions of paragraph 3 of Article  X 
of the WTO Agreement.  
4. Notwithstanding Article 9.4 of the Agreement on Fisheries Subsidies, the Negotiating Group 
on Rules shall continue negotiations based on  the outstanding issues in  docum ents WT/MIN(2 1)/W/5 
and WT/MIN(22)/W/20  with a view to making recommendations to the Thirteenth WTO Ministerial 
Conference for additional provisions that would achieve a comprehensive agreement on fisheries 
subsidies, including through further disciplines on certain forms of fish eries subsidies that contribute 
to overcapacity and overfishing , recognizing that appropriate and effective special and differential 
treatment for developing country Members and least developed country Members should be an 
integral part of these negotiations.  
 
 
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  WT/MIN(22)/W/22  
 
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  ATTACHMENT  
PROTOCOL AMENDING THE MARRAKESH AGREEMENT ESTABLISHING  
THE WORLD TRADE ORGANIZATION  
AGREEMENT ON FISHERIES SUBSIDIES  
Members of the World Trade Organization;  
Having regard to the Decision of the  Ministerial Conference  in document WT/MIN(22)/ XX – 
WT/L/X adopted pursuant to paragraph 1 of Article X of the Marrakesh Agreement Establishing the 
World  Trade  Organization ("the WTO Agreement "); 
Hereby agree as follows : 
1. Annex 1A to the WTO Agreement shall, upon entry into force of this Protocol pursuant to 
paragraph 4, be amended by the insertion of the Agreement on Fisheries Subsidies , as set out in 
the Annex to this Protocol, to be placed aft er the Agreement on Subsidies and Countervailing 
Measures . 
2. No reservations may be made in respect of any of the provisions of this Protocol.  
3. This Protocol is hereby  open for acceptance by Members.  
4. This Protocol shall enter into force in accordance with paragraph 3 of Article X of the 
WTO Agreement.1  
5. This Protocol shall be deposited with the Director -General of the World Trade Organization 
who shall promptly furnish to each Member a certified copy t hereof and a notification of each 
acceptance thereof pursuant to paragraph 3.  
6. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter 
of the United Nations.  
Done at Geneva this seventeenth  day of June two thousand and twenty -two, in a single copy 
in the English, French and Spanish languages, each text being authentic.  
_______________  
 
  
 
1 For the purposes of calculation of acceptances under Article X:3 of the WTO Agreement, an instrument 
of acceptance by the European Union for itself and in respect of its Member States shall be counted as acceptance 
by a number of Members equal to the number of Member States of the European Union which are Me mbers to 
the WTO . WT/MIN(22)/W/22  
 
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  ANNEX  
AGREEMENT ON FISHERIES SUBSIDIES  
 
ARTICLE  1: SCOPE  
This Agreement applies to subsidies, within the meaning of Article  1.1 of the Agreement on 
Subsidies and Countervailing Measures (SCM  Agreement) that are specific within the meaning of 
Article  2 of that Agreement, to marine wild capture fishing and fishing related activities at sea.1, 2, 3 
ARTICLE  2: DEFINITIONS  
For the purpose of this Agreement:  
(a) "fish" means all species of living marine resources, whether processed or not;  
(b) "fishing" means searching for, attracting, locating, c atching, taking or harvesting fish 
or any activity which can reasonably be expected to result in the attracting, locating, 
catching, taking or harvesting of fish;  
(c) "fishing related activities" means any operation in support of, or in preparation for, 
fishin g, including the landing, packaging, processing, transshipping or transporting of 
fish that have not been previously landed at a port, as well as the provisioning of 
personnel, fuel, gear and other supplies at sea;  
(d) "vessel" means any vessel, ship of anothe r type or boat used for, equipped to be used 
for, or intended to be used for, fishing or fishing related activities;  
(e) "operator" means the owner of a vessel, or any person, who is in charge of or directs 
or controls the vessel.  
  
 
1 For greater certainty, aquaculture and inland fisheries are excluded from the scope of this Agreement.  
2 For greater certainty, government -to-government payments under fisheries access agreements shall 
not be deemed to be subsidies within the meaning of this Agreement.  
3 For greater certainty, for the purposes of this Agreement, a subsidy shall be attributab le to the Member 
conferring it, regardless of the flag or registry of any vessel involved or the nationality of the recipient.  WT/MIN(22)/W/22  
 
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  ARTICLE  3: SUBSIDIES CONTRI BUTING TO  
ILLEGAL, UNREPORTED AND UNREGULATED FISHING4 
3.1  No Member shall grant or maintain any subsidy to a vessel or operator5 engaged in illegal, 
unreported and unregulated (IUU) fishing  or fishing related activities in support of IUU fishing.  
3.2  For purposes  of Article  3.1, a vessel  or operator shall be considered to be engaged in IUU fishing 
if an affirmative determination thereof is made by any of the following6, 7: 
(a) a coastal Member, for activities in areas under its jurisdiction ; or 
(b) a flag State Member, for activities by vessels flying its flag; or  
(c) a relevant Regional Fisheries Management Organization or Arrangement (RFMO/A), in 
accordance with the rules and procedures of the RFMO/A and relevant international 
law, including throu gh the provision of timely notification and relevant information, in 
areas and for species under its competence.  
3.3 (a) An affirmative determination8 under Article  3.2 refers to the final finding by a 
Member and/or the final listing by an RFMO/A that a vessel or operator has engaged 
in IUU fishing.  
(b) For purposes of Article  3.2(a), the prohibition  under Article  3.1 shall apply where 
the determination by the coastal Member is based on relevant factual information an d 
the coastal Member has provided to the flag State Member and, if known, the 
subsidizing Member, the following:  
 (i) timely notification, through appropriate channels, that a vessel or operator has 
been temporarily detained pending further investigation f or engagement in, or that the 
coastal Member has initiated an investigation for, IUU fishing including reference to any 
relevant factual information, applicable laws, regulations, administrative procedures, or 
other relevant measures;  
(ii) an opportunity to exchange relevant information9 prior to a determination,  so 
as to allow  such information to be considered  in the final determination. The coastal 
Member may specify the manner and time period in which such information exchange 
should be carried out; and  
(iii) notification of the final determination, and of any sanctions applied, including, if 
applicable, their duration.  
The coastal Member shall notify an affirmative determination to the Committ ee provided for 
in Article 9.1 (referred to in this Agreement as "the Committee").  
  
 
4 "Illegal, unreported and unregulated (IUU) fishing" refers to activities set out in paragraph  3 of the 
International Plan of Ac tion to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing  adopted 
by the UN Food and Agriculture Organization (FAO) in 2001.  
5 For the purpose of Article  3, the term "operator" means the operator within the meaning of Article  2(e) 
at the time of the IUU fishing infraction. For greater certainty, the prohibition on granting or maintaining subsidies 
to operators engaged in IUU fishing applies to subsidies provided to fishing and fishing related activities at sea.  
6 Nothing in this Arti cle shall be interpreted to obligate Members to initiate IUU fishing investigations or 
make IUU fishing determinations.  
7 Nothing in this Article shall be interpreted as affecting the competence of the listed entities under 
relevant international instrumen ts or granting new rights to the listed entities in making IUU fishing 
determinations.  
8 Nothing in this Article shall be interpreted to delay, or affect the validity or enforceability of, an IUU 
fishing determination.  
9 For example, this may include an op portunity to dialogue or for written exchange of information if 
requested by the flag State or subsidizing Member.  WT/MIN(22)/W/22  
 
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  3.4  The subsidizing Member shall take into account the nature, gravity, and repetition of IUU fishing 
committed by a vessel or operator when setting the duration of application of the prohibition in 
Article 3.1. The prohibition in Article 3.1 shall apply at least  as long as the sanction10 resulting from 
the determination triggering the prohibition remains in force, or at least as long as the vessel or 
operator is listed by an RFMO/A, whichever is the longer.  
3.5  The subsidizing Member shall notify the measures ta ken pursuant to Article 3.1 to the 
Committee in accordance with Article 8.3.  
3.6  Where a port State Member notifies a subsidizing Member that it has clear grounds to believe 
that a vessel in one of its ports has engaged in IUU fishing, the subsidizing Mem ber shall give due 
regard to the information received and take such actions in respect of its subsidies as it deems 
appropriate.  
3.7  Each Member shall have laws, regulations and/or administrative procedures in place to ensure 
that subsidies referred to in  Article  3.1, including such subsidies existing at the entry into force of 
this Agreement, are not granted or maintained.  
3.8  For a period of 2 years from the date of entry into force of this Agreement, subsidies granted 
or maintained by developing countr y Members, including least -developed country (LDC) Members, 
up to and within the exclusive economic zone (EEZ) shall be exempt from actions based on 
Articles  3.1 and 10 of this Agreement . 
ARTICLE  4: SUBSIDIES REGARDING OVERFISHED STOCKS  
4.1  No Member shall grant or maintain subsidies for fishing or fishing related activities regarding 
an overfished stock.  
4.2  For the purpose of this Article, a fish stock is overfished if it is recognized as overfished by the 
coastal Member under whose jurisdic tion the fishing is taking place or by a relevant RFMO/A in areas 
and for species under its competence, based on best scientific evidence available to it.  
4.3  Notwithstanding Article  4.1, a Member may grant or maintain subsidies referred to in Article  4.1 
if such subsidies or other measures are implemented to rebuild the stock to a biologically sustainable 
level.11  
4.4  For a period of 2 years from the date of entry into force of this Agreement, subsidies granted 
or maintained by developing country Member s, including LDC Members, up to and within the EEZ 
shall be exempt from actions based on Articles  4.1 and 10 of this Agreement . 
  
 
10 Termination of sanctions is as provided for under the laws or procedures of the authority having made 
the determination referred to in Arti cle 3.2.  
11 For the purpose of this paragraph, a biologically sustainable level is the level determined by a coastal 
Member having jurisdiction over the area where the fishing or fishing related activity is taking place, using 
reference points such as maxim um sustainable yield (MSY) or other reference points, commensurate with the 
data available for the fishery; or by a relevant RFMO/A in areas and for species under its competence.  WT/MIN(22)/W/22  
 
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  ARTICLE  5: OTHER SUBSIDIES  
5.1 No Member shall grant or maintain subsidies provided to fishing or fishing related activities 
outside of the jurisdiction of a coastal Member or a coastal non -Member and outside the competence 
of a relevant RFMO/A.  
5.2  A Member shall take special care and exercise due restraint when granting subsidies to vessels 
not flying that Member’s flag.  
5.3  A Member shall take special care and exercise due restraint when granting subsidies to fishing 
or fishing related activities regarding stocks the status of which is unknown.  
ARTICLE  6: SPECIFIC PROVISIONS FOR LDC MEMBERS  
A Member shall exercise due restraint in raising matters involving an LDC Member and 
solutions explored shall take into consideration the specific situation of the LDC Member 
involved, if any.  
ARTICLE  7: TECHNICAL ASSISTANCE AND CAPACITY BUILDING  
Targeted  technical assistance and capacity building assistance to developing country 
Members, including LDC Members, shall be provided for the purpose  of implementation of the 
disciplines under this Agreement. In support of this assistance, a voluntary WTO funding  
mechanism shall be established in cooperation with relevant international organizations such 
as the Food and Agriculture Organization of the United Nations (FAO) and International Fund 
for Agricultural Development. The contributions of WTO Members to the mechanism shall be 
exclusively on a voluntary basis and shall not  utilize regular budget resources.  
  WT/MIN(22)/W/22  
 
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  ARTICLE  8: NOTIFICATION AND TRANSPARENCY  
8.1  Without  prejudice to Article  25 of the SCM  Agreement and in order to strengthen and enhance 
notifications of fisheries subsidies, and to enable more effective surveillance of the implementation 
of fisheries subsidies commitments, each Member shall  
 (a) provide th e following information as part of its regular notification of fisheries subsidies 
under Article  25 of the SCM  Agreement12,13: type or kind of fishing activity for which 
the subsidy is provided;  
 (b) to the extent possible, provide the following information as part of its regular 
notification of fisheries subsidies under Article  25 of the SCM  Agreement12,13:  
(i) status of the fish stocks in the fishery for which the subsidy is provided (e.g. 
overfished, maximally sustainably fished, or underfished) a nd the reference 
points used, and whether such stocks are shared14 with any other Member or 
are managed by an RFMO/A;  
(ii) conservation and management measures in place for the relevant fish stock;  
(iii) fleet capacity in the fishery for which the subsidy is provide d; 
(iv) name and identification number of the fishing vessel or vessels benefitting from 
the subsidy; and  
(v) catch data by species or group of species in the fishery for which the subsidy 
is provided15; 
8.2  Each Member shall notify the Committee in writing on an annual basis of a list of vessels and 
operators that it has affirmatively determined as having been engaged in IUU fishing.  
8.3  Each Member shall, within one year of the date of entry into force of this Agreement, inform 
the Committee of measures in exist ence or taken to ensure the implementation and administration 
of this Agreement, including the steps taken to implement prohibitions set out in Articles  3, 4 and  5. 
Each Member shall also promptly inform the Committee of any changes to such measures therea fter, 
and new measures taken to implement the prohibitions set out in Article  3. 
8.4  Each Member shall, within one year of the date of entry into force of this Agreement, provide 
to the Committee a description of its fisheries regime with references to it s laws, regulations and 
administrative procedures relevant to this Agreement, and promptly inform the Committee of any 
modifications thereafter. A Member may meet this obligation by providing to the Committee an up -
to-date electronic link to the Member's o r other appropriate official web page that sets out this 
information.  
8.5  A Member may request additional information from the notifying Member regarding the 
notifications and information provided under this Article. The notifying Member shall respond to that 
request as quickly as possible in writing and in a comprehensive manner. If a Member considers that 
a notification or information under this Article has not been provided, the Member may bring the 
matter to the attention of such other Member or to the  Committee.  
 
12 For the purpose of Article  8.1, Members shall provide this information in a ddition to all the information 
required under Article  25 of the SCM  Agreement and as stipulated in any questionnaire utilized by the SCM 
Committee, for example G/SCM/6/Rev.1.  
13 For LDC Members, and developing country Members with an annual share of the glo bal volume of 
marine capture production not exceeding 0.8 per cent as per the most recent published FAO data as circulated 
by the WTO Secretariat, the notification of the additional information in this subparagraph may be made every 
four years . 
14 The term "shared stocks" refers to stocks that occur within the EEZs of two or more coastal Members, 
or both within the EEZ and in an area beyond and adjacent to it.  
15 For multispecies fisheries, a Member instead may provide other relevant and available catch data.  WT/MIN(22)/W/22  
 
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8.6  Members  shall notify to the Committee in writing, upon entry into force of this Agreement, any 
RFMO/A to which they are parties. This notification shall consist of, at least, the text of the legal 
instrument instituting the RFMO/A, the area and species under its competence, the information on 
the status of the managed fish stocks, a description of its conservation and management measures, 
the rules and procedures governing its IUU fishing determinations, and the updated lists of vessels 
and/or operators that it ha s determined as having been engaged in IUU fishing. T his notification 
may be presented either individually or by a group of Members.16 Any changes to this information 
shall be notified promptly to the Committee. The Secretariat to the Committee shall maint ain a list 
of RFMO/As notified pursuant to this Article.  
8.7 Members recognize that notification of a measure does not prejudge (a) its legal status under 
GATT 1994, the SCM Agreement, or this Agreement; (b) the effects of the measure under the SCM 
Agreeme nt; or (c) the nature of the measure itself.  
8.8  Nothing in this Article requires the provision of confidential information.  
ARTICLE  9: INSTITUTIONAL ARRANGEMENTS  
9.1  There  is hereby established a Committee on Fisheries Subsidies composed of representatives 
from each of the Members. The Committee shall elect its own Chair and shall meet not less than 
twice a year and otherwise as envisaged by relevant provisions of this Agre ement at the request of 
any Member. The Committee shall carry out responsibilities as assigned to it under this Agreement 
or by the Members and it shall afford Members the opportunity of consulting on any matter relating 
to the operation of this Agreement or the furtherance of its objectives. The WTO Secretariat shall 
act as the secretariat to the Committee.  
9.2  The Committee shall examine all information provided pursuant to Articles  3 and 8 and this 
Article not less than every two years.  
9.3  The Committ ee shall review annually the implementation and operation of this Agreement, 
taking into account the objectives thereof. The Committee shall inform annually the Council for Trade 
in Goods of developments during the period covered by such reviews.  
9.4  Not later than five years after the date of entry into force of this Agreement and every three 
years thereafter, the Committee shall review the operation of this Agreement with a view to 
identifying all necessary modifications to improve the operation of this  Agreement, taking into 
account the objectives thereof. Where appropriate, the Committee may submit to the Council for 
Trade in Goods proposals to amend the text of this Agreement having regard, inter alia, to the 
experience gained in its implementation.  
9.5  The Committee shall maintain close contact with the FAO and with other relevant international 
organizations in the field of the fisheries management, including relevant RFMO/As.  
ARTICLE  10: DISPUTE SETTLEMENT  
10.1  The provisions of Articles XXII and XXIII of the GATT 1994 as elaborated and applied by the 
Dispute Settlement Understanding (DSU) shall apply to consultations and the settlement of disputes 
under this Agreement, except as otherwise specifically provided here in.17  
10.2  Without prejudice to paragraph 1, the provisions of Article 4 of the SCM Agreement18 shall 
apply to consultations and the settlement of disputes under Articles 3, 4 and 5 of this Agreement.  
 
16 This obligation can be met by providing an up -to-date electronic link to the notifying Member's or other 
appropriate official web page that sets out this information.  
17 Subparagraphs 1(b) and 1(c) of Article XXIII of the GATT 1994 and Article 26 of the DSU shall not apply 
to the settlement of disputes under this Agreement.  
18 For purposes of this Article, the term "prohibited subsidy" in Article 4 of the SCM Agreement refers to 
subsidies subject to prohibition in Article 3, Article 4 or Article 5 of this Agreement.  WT/MIN(22)/W/22  
 
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  ARTICLE  11: FINAL PROVISIONS  
11.1  Except as provided  in Articles  3 and 4, nothing in this Agreement shall prevent a Member from 
granting a subsidy for disaster19 relief, provided that the subsidy is:  
 (a) limited to the relief of a particular disaster;  
 (b) limited to the affected geographic area;  
 (c) time-limited; and  
 (d) in the case of reconstruction subsidies, limited to restoring the affected fishery, and/or 
the affected fleet to its pre -disaster level.  
11.2   (a) This Agreement, including any findings, recommendations, and awards with respect 
to this Agreement, shall have no legal implications regarding territorial claims or 
delimitation of maritime boundaries.  
 (b) A panel established pursuant to Article 10 of this Agreement shall make no findings 
with respect to any claim that would r equire it to base its findings on any asserted 
territorial claims or delimitation of maritime boundaries.20 
11.3  Nothing in this Agreement shall be construed or applied in a manner which will prejudice the 
jurisdiction, rights and obligations of Members, arising under international law, including the law of 
the sea21. 
11.4  Except as otherwise provided, nothing in this Agreement shall imply that a Member is bound 
by measures or decisions of, or recognizes, any RFMO/As of which it is not a party or a cooper ating 
non-party.  
11.5  This Agreement does not modify or nullify any rights and obligations as provided by the SCM 
Agreement.  
ARTICLE 12:  TERMINATION OF AGREEMENT IF COMPREHENSIVE  DISCIPLINES ARE NOT 
ADOPTED  
If comprehensive disciplines are not adopted within four years of the entry into force of this 
Agreement, and unless otherwise decided by the General Council, this Agreement shall stand 
immediately terminated.  
 
 
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19 For greater certainty, this provision does not apply to economic or financial crises.  
20 This limitation shall also apply to an arbitrator established pursuant to Article 25 of the Dispute 
Settlement Understanding.  
21 Including rules and procedu res of RFMO/As.  