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Presented by Clarisse Morgan, Senior Counsellor World Trade Organization FAO/InfoSamak Regional Workshop Casablanca, Morocco Monday, 2 June 2014. Tariffs SPS/TBT measures Dispute settlement (including on sustainability-oriented measures as trade barriers)

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Presented by Clarisse Morgan, Senior Counsellor World Trade Organization

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Presented by clarisse morgan senior counsellor world trade organization

Presented by Clarisse Morgan, Senior Counsellor

World Trade Organization

FAO/InfoSamak Regional Workshop

Casablanca, Morocco

Monday, 2 June 2014


Presented by clarisse morgan senior counsellor world trade organization

  • Tariffs

  • SPS/TBT measures

  • Dispute settlement (including on sustainability-oriented measures as trade barriers)

  • Fisheries subsidies – DDA negotiations


Presented by clarisse morgan senior counsellor world trade organization

  • “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


Presented by clarisse morgan senior counsellor world trade organization

  • 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%


Presented by clarisse morgan senior counsellor world trade organization

No information available for other participants.


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • Fish and fish products frequent subjects of WTO dispute settlement

    • SPS cases

    • TBT cases

    • Trade remedies

    • Other (including sustainability-oriented trade measures)


Presented by clarisse morgan senior counsellor world trade organization

  • SPS – 2 (salmon)

  • TBT – 6 (salmon, sardines, scallops, shrimps, tuna)

  • Trade remedies

    • Anti-dumping – 8 (salmon, shrimps)

    • Countervailing duties – 1 (salmon)

    • Safeguards – 2 (salmon)


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

Rules negotiations

Anti-Dumping Agreement

Subsidies and Countervailing Measures Agreement

Doha Mandate: Clarify and improve disciplines

Fisheries Subsidies

12


Presented by clarisse morgan senior counsellor world trade organization

  • Strengthen disciplines on fisheries subsidies (i.e., ASCM disciplines)

    • Including by prohibiting certain types of fisheries subsidies

    • That contribute to overcapacity and overfishing

13


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

  • 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)


Presented by clarisse morgan senior counsellor world trade organization

  • 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


Presented by clarisse morgan senior counsellor world trade organization

THANK YOU VERY MUCH FOR

YOUR ATTENTION!


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