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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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Presentation Transcript
slide1

Presented by Clarisse Morgan, Senior Counsellor

World Trade Organization

FAO/InfoSamak Regional Workshop

Casablanca, Morocco

Monday, 2 June 2014

slide2

Tariffs

  • SPS/TBT measures
  • Dispute settlement (including on sustainability-oriented measures as trade barriers)
  • Fisheries subsidies – DDA negotiations
slide3

“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
slide4

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%
slide6

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
slide7

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
slide8

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
slide9

Fish and fish products frequent subjects of WTO dispute settlement

    • SPS cases
    • TBT cases
    • Trade remedies
    • Other (including sustainability-oriented trade measures)
slide10

SPS – 2 (salmon)

  • TBT – 6 (salmon, sardines, scallops, shrimps, tuna)
  • Trade remedies
    • Anti-dumping – 8 (salmon, shrimps)
    • Countervailing duties – 1 (salmon)
    • Safeguards – 2 (salmon)
slide11

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
slide12

Rules negotiations

Anti-Dumping Agreement

Subsidies and Countervailing Measures Agreement

Doha Mandate: Clarify and improve disciplines

Fisheries Subsidies

12

slide13

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

    • Including by prohibiting certain types of fisheries subsidies
    • That contribute to overcapacity and overfishing

13

slide14

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

slide15

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

slide16

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

slide17

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

slide18

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)
slide19

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