国际可持续发展研究所-世贸组织渔业补贴谈判最新进展：进展如何？（英文）-2021.6-24页_397kb

Summary of WTO Negotiations on Fisheries Subsidies (June 2021 Update)

Core Content

The WTO negotiations on fisheries subsidies aim to address the negative impacts of subsidies on overfishing and overcapacity, while ensuring that the rules are effective and fair. These discussions are based on the 2001 Doha mandate and the 2005 Hong Kong Ministerial Conference agreement, which called for the prohibition of certain subsidies that contribute to overcapacity and overfishing. The negotiations also emphasize the importance of Special and Differential Treatment (SDT) for developing and least developed countries (LDCs).

The draft consolidated text, circulated by Ambassador Santiago Wills on May 11, 2021, outlines a framework for the new instrument, focusing on three substantive pillars: subsidies to IUU fishing, subsidies to overfished stocks, and subsidies contributing to overfishing and overcapacity (OFOC). The text also includes cross-cutting issues such as transparency, legal form, and dispute settlement.

Main Pillars and Key Points

1. Subsidies to IUU Fishing

• Scope: The prohibition applies to subsidies given to vessels or operators involved in Illegal, Unreported, and Unregulated (IUU) fishing.
• Triggering the Prohibition: A determination of IUU fishing by a coastal state, flag state, or RFMO/A can trigger the prohibition. The determination must be based on positive evidence and follow due process.
• Control by Subsidizing Member: The subsidizing Member has discretion over the duration of the prohibition, but with a safeguard on minimum duration.
• SDT Consideration: There is debate on whether developing countries should receive exceptions or time-limited relief, particularly for small-scale fishing in territorial waters.

2. Subsidies to Overfished Stocks

• Scope: Subsidies to overfished stocks are generally prohibited, with some exceptions for those that support stock recovery.
• Deference to Government Decisions: The rules defer to national or regional authorities in determining stock status, but require that these decisions be based on the best scientific evidence available.
• Exceptions for Stock Recovery: Subsidies that contribute to the rebuilding of overfished stocks are allowed, provided they are aimed at maintaining a biologically sustainable level.
• SDT Consideration: Some Members have proposed time-limited exceptions for subsidies to small-scale fishing in territorial waters, to be considered for a period of up to 2 years.

3. Subsidies Contributing to Overfishing and Overcapacity (OFOC)

• Main Prohibition: A broad prohibition on subsidies that contribute to overfishing and overcapacity, including vessel construction, fuel, ice, bait, and operating losses.
• Qualifying Exception: Subsidies can be allowed if the Member can demonstrate that they are part of a management system that maintains stocks at a biologically sustainable level.
• Additional Prohibitions:
  • Fishing in Areas Beyond National Jurisdiction (ABNJ): Subsidies for fishing in ABNJ (e.g., high seas or other EEZs) are prohibited unless the Member can show that the fish stocks are managed sustainably.
  • Reflagging: Subsidies provided to vessels flying another Member's flag are also prohibited, unless the subsidizing Member has flag state jurisdiction over the vessel.

Key Questions and Remaining Issues

• Should non-specific fuel subsidies be included in the scope? Some Members argue for inclusion on environmental and trade-distorting grounds, while others fear it could complicate the rules.
• How to ensure fair and effective triggering of the prohibition? The text emphasizes the need for due process and notification procedures.
• Should the prohibition apply to operators as well as vessels? This is a contentious issue, with some Members advocating for a broader application to ensure accountability.
• What SDT should be provided? There is ongoing discussion about the appropriate form of SDT, including time-limited exceptions and support for small-scale fishers.

Cross-Cutting Issues

• Transparency and Notification: Members must notify the WTO of IUU determinations, ensuring transparency in the application of the rules.
• Legal Form of the Instrument: The text suggests a hybrid approach, combining elements of the ASCM with new provisions tailored to fisheries.
• Review and Implementation Mechanisms: The draft includes mechanisms for reviewing and implementing the rules, though details remain to be finalized.
• Dispute Settlement: The rules would apply to all Members, but there is concern about how disputes would be handled, particularly for those not making IUU determinations.

Conclusion

The WTO negotiations on fisheries subsidies are progressing, with a focus on creating a balanced and effective instrument that prohibits harmful subsidies while allowing for necessary support in sustainable fisheries. The draft consolidated text represents a compromise among Members, and the final agreement will depend on resolving the remaining questions regarding the scope, application, and SDT provisions. The inclusion of SDT is critical to ensuring the rules are fair and feasible for developing and LDC Members.