Introduction to the Agreement on Agriculture and to the Negotiating Process

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1 Introduction to the Agreement on Agriculture and to the Negotiating Process

2 Agriculture Subsidies and Trade US$ Billion Total subsidies Total exports Developed countries Developing countries 2

3 % Average Tariffs MFN Bound Agriculture MFN Applied Industrial 3

4 Why the Agreement on Agriculture? Agriculture in GATT but... exemptions for agricultural products (import restrictions, domestic support, export subsidies allowed) market access difficult Research - inefficiency of policies Trade tensions and disputes Punta del Este Declaration (1986) Uruguay Round Negotiations (7.5 years) Agreement on Agriculture 4

5 Legal Framework Modalities + Supporting Tables Legally Binding Commitments Agreement on Agriculture Schedules of Commitments Other WTO Agreements Protocol of Accession ACC/4 5

6 Structure of the Agreement Market access Domestic support Export competition Tariffs Tariff Quotas Special Safeguard Green Box Blue Box Article 6.2 Development Programmes Amber Box Export subsidies Anti-circumvention Export prohibitions and restrictions Other rules: S&D, Peace Clause, commitment to reform, NFIDC Decision Agreement on the Application of Sanitary and Phytosanitary Measures 6

7 Uruguay Round Reduction Commitments Time period Market access Tariff reduction Domestic support Total AMS reduction De minimis S&D exemption Developed 6 years 36% average, 15% minimum 20% 5% Developing 10 years 24% average, 10% minimum 13.3% 10% Article 6.2 (investment, input and diversification subsidies) Export competition Export subsidy reduction S&D exemption 36% value, 21% volume 24% value, 14% volume Article 9.4 (transport and marketing subsidies) No reduction commitments for least-developed countries 7

8 Long-term Objective... establish a fair and market-oriented agricultural trading system... Uruguay Round reform programme Major achievements but also some unfinished business Mandate for further reform - Article 20 Committee on Agriculture role to monitor implementation of UR commitments - matters raised under Article review of notifications preparatory work analysis/exchange of information mandated negotiations - Special Sessions (since 2000) 8

9 The Doha Ministerial Declaration Comprehensive negotiations aimed at: substantial improvements in market access reductions of, with a view to phasing out, all forms of export subsidies substantial reductions in trade-distorting domestic support S&D - integral to negotiations and outcome Non-trade concerns to be taken into account Deadlines March 2003 modalities 5th Ministerial Conference - draft Schedules 1 January conclusion Framework modalities - July

10 Market access Objective substantial improvements in market access 10

11 Sample MFN tariffs (%) Simple average bound tariff Maximum ad valorem Share of non-ad valorem tariff lines Simple average applied tariff Maximum ad valorem Share of nonad valorem tariff lines European Communities United States Japan Canada Brazil China Kenya Barbados Indonesia Malaysia Saint Lucia Myanmar Source: World Trade Report 2004, WTO 11

12 Export competition Objective reductions of, with a view to phasing out, all forms of export subsidies 12

13 3,000 Export Subsidy Expenditures ,500 2,509 2,000 US$ Million 1,500 1, EC US Japan Korea Switz-Liech. Norway Brazil 13

14 Domestic support Objective substantial reductions in trade-distorting domestic support 14

15 Globally Billion US$ NOR, CAN, CHE, BRA Korea Japan United States EC Data for Korea are for the year

16 The Doha Round negotiations Many proposals but deadline for modalities missed in March 2003 Alliances (G-20, G-90, G-33, G-10, C-4) Framework approach explored but Cancún Ministerial ends in deadlock Signs of flexibility & momentum for a framework text in mid-2004 General Council Decision adopted on 1 August 2004 to guide progress in the negotiations and the work programme WT/L/579 Work towards first approximation by July 2005 but no result New proposals to move negotiations forward in fall of 2005 Hong Kong Ministerial Declaration puts the Round back on track but a new deadline to establish modalities in April 2006 is missed Despite intensive efforts to narrow the differences, negotiations suspended at the end of July 2006 February 2007 back to full negotiating mode July 2007 circulation of possible draft modalities by the Chair Job(07)/128; 17 July

17 Market Access

18 Market Access - Outline Current disciplines Tariffs and tariffication Tariff quotas Special safeguard The Framework and the negotiations 18

19 Tariffs and Tariffication Tariffs bindings, reduction Non-tariff measures converted to tariffs Tariff only regimes 19

20 Tariffs Implementation period DEVELOPED 6 years DEVELOPING 10 years Average cut -36% -24% Minimum cut -15% -10% No reduction commitments for LDCs 20

21 Tariffication Formula E = (P i - P e ) / P e * 100 E = Tariff equivalent P i = Internal price (representative wholesale) P e = External price (c.i.f. unit values) Base period average: Ceiling bindings for developing country Members 21

22 Tariff Only Regimes Prohibition to maintain, resort or revert to: Quantitative restrictions Variable levies Minimum import prices Discretionary import licensing NTMs maintained through STEs Voluntary export restraints Similar border measures [...] BUT... Special Treatment (Annex 5) for Japan, Korea, Philippines, Israel and Chinese Taipei 22

23 Tariffs only but... Peaks Morocco: Minimum tariff 0% Maximum tariff 289% Canada: Minimum tariff 0% Maximum tariff 238% Escalation Chinese Taipei: Tomatoes, fresh 10% Tomato juice 30% EC: Cocoa beans 0% Cocoa paste 9.6% Chocolate 18.7%+ Ad valorem (15%) Various Forms Non-ad valorem: Specific (2$ per kg), Compound (10% plus 2$ per kg), Mixed (10% or 2$ per kg, whichever is higher), Technical (9% plus EA MAX 18.7% plus ADS/Z) 23

24 Tariffs only but MFN Tariffs (%) Simple average bound tariff Maximum ad valorem Share of non-ad valorem tariff lines Simple average applied tariff Maximum ad valorem Share of nonad valorem tariff lines European Communities United States Japan Canada Korea, Republic of India Thailand Suriname Jamaica Guyana Benin Nigeria Zambia Source: World Trade Report 2004, WTO 24

25 Tariff Quotas Current and Minimum Access Opportunities 3% - 5% of domestic consumption Low tariff for limited volumes Tariff rate 60% Out-of of-quota duty 20% In-quota duty Quota volume Imports (MT) 25

26 Tariff Quotas but % Domestic consumption Minimum / Current Access Fill rate - 60% Tariff quota TQ fill 26

27 The rules The methods Applied tariffs First-come, first-served Licence on demand Historical importers Producer groups Imports by STEs Auctioning Other TQ Administration Possible causes for TQ underfill? 27

28 Special Safeguard Additional import duty on over-quota imports, temporarily, if: Tariffication SSG in Schedule Volume or price triggers (notification) Volume-based SSG Trigger: import surges Extra duty: 1/3 of applied rate Price-based SSG Trigger: price falls Extra duty depends on price 28

29 Negotiations Objective substantial improvements in market access Technical elaboration of modalities for further commitments Tariffs Tariff quotas TQ administration Importing STEs Other market access issues 29

30 Tariffs Main issues Tariff reductions Average and minimum cut UR formula Harmonizing formula Swiss formula a*t/(a+t) Tariff band approach Other methods: request and offer, zero-for-zero Tariff peaks and escalation, forms of tariffs S&D: Special Products (objective criteria or self-designation; tariff reductions) Trade preferences Preference erosion Tropical and diversification products Fullest liberalization of trade 30

31 UR Formula vs. Swiss Formula 31

32 Tariff Quotas Main issues Tariff quota expansion Expand by x% (e.g. 20%) Current TQ = 100 t New TQ = 120 t Expand by y% (e.g. 6%) of domestic consumption Current TQ = 100 t, Domestic consumption = 2000 t New TQ = 100 t t Expand to z% (e.g. 15%) of domestic consumption Current TQ = 100 t, Domestic consumption = 2000 t New TQ = 2000*15% = 300 t In-quota tariff reduction S&D: Duty-free access for key products; Special Products no TQ expansion TQ administration 32

33 Special Safeguard Main issues Current SSG Retain Abolish and when Special Safeguard for developing country Members: What products What measures (price-based, volume-based) What about other developing country Members 33

34 Framework modalities Tariff reduction - Tiered formula 1 Principles Tariff reductions from bound rates All Members, except LDCs, to contribute Deeper cuts for higher tariffs; flexibilities for sensitive products; substantial improvements in market access for all products 2 3 Thresholds and type of tariff reductions to be negotiated Tariff cap? 4 bands for tariff cuts - agreed at Hong Kong 34

35 Tariff Reductions Proposals: Developed Country Members Bands ACP G-10 EC G-20 US Levels cuts Levels cuts Levels cuts Levels cuts Levels cuts A % % % % % B % % % % % C % % % % % D % % % % % Other Average reduction: 36% More flexibility in each band: some tariff could be cut more deeply to allow others to be reduced less in the same band Flexibilities in the band A of between 20-45% Average reduction: 54%. 35

36 Tariff Reductions Proposals: Developing Country Members Bands ACP G-10 EC G-20 US Levels cuts Levels cuts Levels cuts Levels cuts Levels cuts % 20% % 30% % 30% slightly less than cuts for developed countries % % % % % % 60+ Other Maximum average cut: 24% Low ceiling bindings Maximum average cut: 36%. 36

37 Sensitive products 1 Number of sensitive tariff lines - to be negotiated 2 Substantial improvement will apply to each product 3 Tariff quota commitment + tariff reduction 4 Base for tariff quota expansion criteria to be developed 37

38 Tariff Quota Fill Average fill rate (%) EC US Japan Thailand Barbados Morocco Colombia Numer of tariff quotas Data for Barbados are for

39 Special Products and SSM Special Products Selection: appropriate number Treatment: more flexible treatment Special Safeguard Mechanism Selection Trigger Remedy Duration 39

40 Other flexibilities LDCs: Access to all S&D provisions No reduction commitments Developed Members, and developing country Members in a position to do so, should provide duty-free and quota-free access for LDCs Duty-free quota-free access for at least 97% of products from LDCs - agreed at Hong Kong Concerns of recently acceded Members - to be addressed 40

41 Preferential Schemes Para. 16 of TN/AG/W/1/Rev.1 Maintain, to the maximum extent technically feasible, the nominal margins of tariff preferences Exception to the tariff reduction modality: - Longer implementation (by the preference-granting Members) of tariff reductions affecting long-standing preferences in respect of products which are of vital export importance for developing country beneficiaries - First instalment of the reduction deferred to year [3] of implementation Products concerned - to account for at least [20] per cent of the total merchandise exports of any beneficiary Interested beneficiaries to notify the Committee on Agriculture, Special Session and submit relevant statistics In-quota duties for these products - to be eliminated Preference-providing Members to undertake targeted technical assistance to support preference-receiving countries in efforts to diversify their economies and exports 41

42 Other elements Reduction/elimination of in-quota tariffs Improvements in TQ administration Tariff escalation to be addressed Tariff simplification, special agricultural safeguard (SSG) remain under negotiation 42

43 S&D 1 Lesser tariff reduction or TQ expansion commitments 2 Flexibility to designate Special Products to address food security, livelihood security & rural development needs 3 Special Products eligible for more flexible treatment Special Safeguard Mechanism (SSM) Fullest liberalization of trade in tropical and diversification products to be addressed Erosion of trade preferences - to be addressed (reference - paragraph 16 of TN/AG/W/1/Rev.1) 43

44 Tariff Reduction Proposal: Chairman Crawford Job(07)/128; 17 July 2007 Bands Developed Developing Levels cuts Levels cuts % % % % % % % % 44

45 Other Market Access Issues Chair s s Draft Modalities Sensitive Products Number: [4] [6] or [6] [8] per cent of tariff lines where over 30% of tariff lines in the top band. Developing countries can designate one-third more Treatment: 1/3-2/3 of reduction for developed countries and not less than 2/3 by developing countries; Tariff Rate Quota (TRQ): [4][6] per cent or [3][5] per cent of domestic consumption depending on the deviation Higher levels envisaged if the member chooses to have a higher number of sensitive products 45

46 Other Market Access Issues Chair s s Draft Modalities Special Products Number: 5-8 per cent of tariff lines (challenges paper) No figures in the draft modalities text each developing-country Member to have the right to selfdesignate an appropriate number of tariff lines as special products Designation to be guided by the ff: food security, livelihood security and rural development Further elements to be elaborated 46

47 Other Market Access Issues Chair s s Draft Modalities Special Agricultural Safeguard (SSG): Expiration for developed-country Members after the end of the implementation period (IP): 50% of tariff lines to be reduced at the start of the IP and the rest in equal instalments; OR Entitlement to retain an SSG for tariff lines equivalent in number to their entitlement under the sensitive product provision volume trigger to be set at 25% - maximum of an additional 1/3 of the applied tariff Price trigger restrictiveness of current provisions to be effectively halved by modifying specific amounts Special Safeguard Mechanism (SSM) for developing countries: Scope, triggers, remedies to be elaborated 47

48 Other Market Access Issues Chair s s Draft Modalities Tropical products: further work needed; positions far apart Preference erosion further work needed; big ticket items: bananas and sugar Tariff escalation, commodities: further work needed. Possible disciplines to be elaborated LDCs: DFQF 100% : By 2008 or the start of the implementation period; where there are difficulties, 97% at the beginning to be increased gradually to 100% Cotton Market Access: DFQF for LDCs SVEs. Enhanced market access for products of interest to them 48

49 Other Market Access Issues Chair s s Draft Modalities The term SVEs to apply to Members with economies that, in the period 1999 to 2004, had an average share of: World merchandise trade of no more than 0.16% or less World trade in non-agricultural products of no more than 0.1% World trade in agricultural products of no more than 0.4% SVEs to moderate the two-thirds cut by a further [10] ad-valorem points in each band Should application of the formula result in an overall average cut of more than 24%, the SVE would be entitled to apply lesser reductions at its discretion, to keep within such an average level 49

50 Other Market Access Issues Chair s s Draft Modalities Where the SVE has ceiling bindings or homogeneous low bindings and the application of the formula would place an unsustainable adjustment burden upon it, the SVE will not be required to make a tiered reduction, but would be subject only to the overall average reduction Enhanced improvements in market access for products of export interest to SVEs With regard to special products, the threshold for SVEs to be set at a proportionately higher level. No ceiling for SVEs above the threshold 50

51 Domestic Support

52 Domestic Support - Outline Current disciplines Green Box Blue Box Article 6.2 Development Programmes Amber Box The Framework and the negotiations 52

53 The Boxes Green Box Annex 2 Blue Box Article 6.5 No more than minimally trade or production distorting Production-limiting programmes Article 6.2 Measures Amber Box Development programmes: investment, input, diversification Subject to reduction commitments De minimis allowance 53

54 How much domestic support? US$ Billion Canada Norway Brazil Switzerland-Liecht Korea Japan US EC Data for Korea are for the year

55 Categories of support ,000 75,000 60,000 45,000 Million US$ 30,000 15,000 0 EC US JPN KOR CHE BRA NOR CAN Current Total AMS 35,151 14,413 5,328 1,495 1, ,187 1,791 De minimis 773 7, Blue Box 21, Article Green Box 18,489 50,672 20,355 4,469 2,190 1, ,088 Data for Korea are for the year

56 Green Box No, or at most minimal, trade-distorting effects or effects on production Basic criteria Assistance: - Provided through publicly funded government programme - Not involving transfers from consumers - Not resulting in price support to producers 56

57 Green Box Scope General services, including: research pest and disease control training extension/advisory services inspection marketing and promotion infrastructural services Public stockholding for food security purposes Direct payments, including: decoupled income support income insurance and income safety-net relief from natural disasters structural adjustment assistance producer retirement resource retirement investment aids environmental programmes regional assistance programmes Domestic food aid 57

58 Policy-specific decoupling X Amount of payments X Type of production Volume of production Domestic prices International prices Factors of production In any year after the base period 58

59 Blue Box Direct payments under production-limiting programmes exempt from reduction if: based on fixed area and yields; or made on 85% of base level of production; or livestock payments are made on a fixed number of head 59

60 Article 6.2 Development programmes exempt from reduction: investment subsidies generally available to agriculture input subsidies generally available to low-income or resource poor producers support to encourage diversification from growing illicit narcotic crops 60

61 Amber Box Sample Scheduled Reduction Commitment Schedule LXXIX - THAILAND PART IV - AGRICULTURAL PRODUCTS: COMMITMENTS LIMITING SUBSIDIZATION (Article 3 of the Agreement on Agriculture) SECTION I - Domestic Support: Total AMS Commitments BASE TOTAL AMS Years of implementation Annual and final bound Relevant Supporting Tables and (million Baht) commitment levels document reference (million Baht) , , AGST/THA 2 21, Supporting Tables 4, 5, 8 and , , , , , , , , What if there is no commitment? - Article 7 61

62 AMS Reduction Commitment % cut in aggregate terms Implementation period DEVELOPED 6 years DEVELOPING 10 years Cut in Total AMS -20% -13.3% De minimis allowance 5% 10% No reduction commitments for LDCs 62

63 80 EC and the CAP Reform 60 Euros Billion * Green Blue Amber WTO limit * This notification covers support to the European Union after enlargement on 1 May Price gap calculations are performed on EU25 production levels for a 12 month period and include direct payments to 25 member States. Total AMS commitment level for 2003 ( 67,159 million) is without prejudice to the EC25 commitment to be presented in the new EC25 schedule after enlargement. 63

64 US and the Farm Bill US$ Billion Green Blue De minimis Amber WTO limit

65 Calculating the Current Total AMS Market price support Non-exempt direct payments (e.g. loan deficiency payments, grants, compensatory payments) Other non-exempt measures All product-specific EMS Water subsidies Fertilizer subsidies Crop insurance Subsidized credits Product-specific support + Non-product-specific support De minimis allowance Current Total AMS 65

66 Negotiations Objective substantial reductions in trade-distorting domestic support Technical elaboration of modalities for further commitments The Boxes S&D elements 66

67 The Boxes Main issues Green Box Cap/reduce or maintain without limits Tighten or relax criteria Expand scope to address: NTCs, developing country concerns Blue Box should it stay or should it go? Article 6.2 further flexibilities to pursue targeted development needs Amber Box Reduce or eliminate AMS Maintain, reduce or increase de minimis Establish specific flexibilities (S&D, economies in transition, recently acceded Members) Key issue - Size of cuts 67

68 Framework modalities - Overall trade-distorting distorting domestic support Overall reduction Base level Tiered formula, with 20% downpayment in the first year of implementation Final Bound Total AMS + Permitted de minimis + Agreed Blue Box level Deeper cuts for higher levels of support 68

69 OTDS - Proposals and main issues Members proposals Tier 1 (EC) Tier 2 (Japan and US) Tier 3 (Other Members with Total AMS) EC 70% 60% 50% US 75% 53% 31% G20 80% 75% 70% G10 75% 65% 45% Developing country Members (all in tier 3) to make lesser reductions over a longer implementation period. Main issue - Size of cuts 69

70 Framework modalities Trade-distorting distorting domestic support Individual elements Final Bound Total AMS tiered formula Product-specific AMS caps - average level to be agreed - base period to be agreed Reduction in de minimis Capping of the Blue Box 70

71 Final Bound Total AMS Proposals and main issues Members proposals Tier 1 (EC) Tier 2 (Japan and US) Tier 3 (Other Members) EC 70% 60% 50% US 83% 60% 37% G20 80% 70% 60% G10 70% 60% 40% Developing country Members (all in tier 3) to make lesser reductions over a longer implementation period. Main issues: - Size of cuts in Final Bound Total AMS - Base period for product-specific AMS caps ( or ) 71

72 Hong Kong Ministerial Declaration Trade-distorting distorting domestic support Bands for reductions Member with highest level of support Members with 2nd and 3rd highest levels of support Other Members Developed country Members in lower bands with high relative level of Final Bound Total AMS to make an additional effort Developing country Members with no AMS commitments exempt from reductions in de minimis and the overall cut Higher linear cuts in higher bands 72

73 De minimis Reduction in de minimis (by 50% or 80% or such reduction as to adjust to the rate of cut in OTDS) S&D: Developing countries that allocate almost all de minimis support for subsistence and resource-poor farmers will be exempt from reduction Use of de minimis % of value of agricultural production EC US JPN KOR CHE BRA NOR Product-specific Non-product-specific Data for Korea are for the year

74 Blue Box Direct payments under: - production-limiting programmes or - no requirement to produce - additional criteria to be negotiated Blue Box not to exceed 5% of a Member s average total value of agricultural production during an historical period % of value of agricultural production Blue Box mln $ 21,231 mln $ 728 mln $ 0 mln $ EC US JPN NOR 5% cap 74

75 Blue Box - Proposals and main issues Lower the Blue Box cap 2.5% of VOP (or less) Develop additional criteria: - non-concentration via double trigger - offsetting mechanism - other? Main issues: - how to ensure less trade-distortion - how to design effective disciplines on old and new Blue Box 75

76 Green Box Review and clarify criteria Ensure basic concepts, principles and effectiveness remain; take due account of non-trade concerns Strengthen monitoring and surveillance Green Box expenditure ,000 50,000 US$ million 40,000 30,000 20,000 10,000 0 EC US JPN KOR CHE BRA NOR CAN Data for Korea for the year Main issue: what amendments should be made, if any 76

77 Hong Kong Ministerial Declaration Cotton All forms of export subsidies to be eliminated by developed countries in 2006 Developed countries to give duty and quota free access for cotton exports from LDCs from the start of implementation period Trade-distorting domestic subsidies to be reduced more ambitiously and implemented over a shorter period of time than generally applicable Development assistance aspects: - Consultative Framework process (bilateral donors, multilateral and regional institutions) - explore a possibility of establishing a mechanism to address income declines in the cotton sector - Director General to furnish a third Period Report at the next Ministerial Conference Follow-up and monitoring Director General to set up an appropriate mechanism High-Level Session of the Director-General s Consultative Framework Mechanism on Cotton to take place on March 2007 in Geneva 77

78 1 2 S&D Longer implementation period Lower reduction coefficients for all types of tradedistorting support 3 Access to Article 6.2 Development programmes 4 De minimis support for subsistence and resource-poor farmers exempt from reduction 78

79 Chairman s s Draft Modalities- Job(07)/128 Base overall trade-distorting domestic support (OTDS) shall be the sum of: (i) final bound total AMS; (ii) 10% of value of production in the base period representing 5% for product-specific support and 5% for nonproduct specific support; (iii) the higher of existing average Blue Box payments or 5% of the average total value of production 79

80 Chair s s Proposed Draft Modalities - OTDS Bands Range Proposed Cuts 1 - EC 60 billion [75] [85] % 2 US and Japan 10 billion and 60 billion [66] [73] % 3 Others Developed and Developing 10 billion [50] [60] % 80

81 DOMESTIC SUPPORT Chair s s Draft Modalities Under the Chairman s proposal, US OTDS will be reduced from $48.2 billion to between $13 and $16.4 billion. Under its own proposal, it will be reduced to $22.5 billion According to the recent notification by the US, its payments on OTDS amounted to $ 16.3 billion in 2002, $10.2 billion in 2003, $18.1 billion in 2004 and $18.9 billion in 2005 Estimated that because of high commodity prices last year, the US payments on OTDS amounted to $11 billion. Figure not confirmed by the US 81

82 Chair s s Proposed Draft Modalities - AMS Bands Range Proposed Cuts 1 40 billion [70] % 2 15 billion and 40 billion [60] % 3 15 billion [45] % 82

83 Domestic Support Chairman s s proposals Under the Chairman s proposal, the amber box limit of the US will be reduced from $19.1 billion to $7.6 billion According to figures provided by the US, AMS payments for 2002, 2003, 2004 and 2005 were $9.6 billion, $6.9 billion, $11.6 billion and 12.9 billion, respectively. Brazil and Canada are alleging in the dispute settle proceedings that the US exceeded its WTO limits for most of these years, a claim the US denies. 83

84 Domestic Support PRODUCT-SPECIFIC AMS CAPS average applied during the UR implementation period ( ) For the US average between and S&D for developing countries base period ( or ) DE MINIMIS: to be reduced by [50] [60] per cent by developed countries. S&D for developing countries: some exempted, others to make two-thirds of the cuts of developed countries BLUE BOX: maximum permitted value not to exceed 2.5 per cent of the average total value of agricultural production Lesser cut if over 40% of Member s support placed in the blue box Deeper cut in AMS support for cotton 84

85 Export Competition and the Marrakesh NFIDC Decision

86 Export Competition - Outline Current disciplines Export subsidies Anti-circumvention Export prohibitions and restrictions The Framework and the negotiations The Marrakesh NFIDC Decision 86

87 Definition Export Subsidies Article 1(e): Subsidies contingent upon export performance, including the export subsidies listed in Article 9 Legal Framework Export subsidies allowed only if listed in the Schedule and subject to reduction commitments (volume and budgetary outlays) Roll-over provisions (now expired) S&D: subsidies for marketing and internal transport (during the implementation period) Anti-circumvention provisions 87

88 Policy Coverage - Article 9.1 Direct subsidies contingent on export performance Sale or disposal for export by governments or their agencies of non-commercial stocks at prices below domestic market price Payments on exports financed by government action (including producer financed subsidies) Subsidies to reduce cost of marketing, including handling, upgrading, international transport and freight Favourable internal transport and freight charges on export shipments Subsidies on agricultural products contingent on their incorporation in exported products 88

89 Export Subsidies Implementation period DEVELOPED 6 years DEVELOPING 10 years Cut in budgetary outlays Cut in subsidized quantities -36% -24% -21% -14% No reduction commitments for LDCs 89

90 Members with Scheduled Reduction Commitments Number of products Australia (5) Bolivarian Republic of Venezuela (72) Brazil (16) Bulgaria (44) Canada (11) Colombia (18) Cyprus (9) Czech Rep. (16) EC (20) Hungary (16) Iceland (2) Indonesia (1) Israel (6) Mexico (5) New Zealand (1) Norway (11) Panama (1) Poland (17) Romania (13) Slovak Rep. (17) South Africa (62) Switzerl-Liecht. (5) Turkey (44) United States (13) Uruguay (3) 90

91 3,000 Export Subsidy Expenditures ,500 2,509 2,000 US$ Million 1,500 1, EC US Japan Korea Switz-Liech. Norway Brazil But what about the Panels? 91

92 Export Subsidies Article 10 to prevent circumvention of export subsidy commitments Other forms of export subsidies Export credits, insurance and guarantees Develop internationally agreed disciplines But... negotiations with no result - OECD Arrangement on Officially Supported Export Credits does not cover agriculture Food aid Specific criteria, Food Aid Convention, FAO But... is it always genuine aid or dumping? Other ways to evade commitments? - Taxes, production quotas - Domestic support - Other 92

93 Export Prohibitions and Restrictions Article XI.1(a) of GATT provision for the temporary application of an export prohibition or restriction Article 12 of the AoA when applying GATT Article XI.2(a): Give due consideration to impacts on importing Members food security Advance written notice, consultations on request Not applicable to developing countries which are not net exporters of the specific foodstuff concerned 93

94 Negotiations Objective reductions of, with a view to phasing out, all forms of export subsidies Technical elaboration of modalities for further commitments Export subsidies Export credits, insurance and guarantees Food aid Exporting STEs Export restrictions and taxes 94

95 Main issues Reduce/eliminate export subsidies Parallel elimination of all forms of export subsidies: Export credits, insurance and guarantees - Reduction commitments vs. rules-based approach; Disciplines in favour of LDCs and NFIDCs Food aid - Genuine aid vs. surplus dumping; Need declaration vs. response to an appeal; Concessional vs. grant form State trading enterprises - Tackle the enterprises or specific measures Export restrictions and taxes - Reduce/eliminate export restrictions; Export taxes not for negotiation? Key issue End export subsidies at a date certain 95

96 Framework modalities Credible end e date Parallel elimination of: Export subsidies Export credits, guarantees & insurance with repayment periods > 180 days Export credits, guarantees & insurance with repayment periods 180 days which are not in accordance with disciplines to be agreed Trade-distorting elements of export STEs Food aid that is not in conformity with operationally effective disciplines to be agreed Implementation - Annual instalments 96

97 S&D Longer implementation periods Access to Article 9.4 (marketing & transportation subsidies) Disciplines on export credits, guarantees or insurance programmes - provision for differential treatment in favour of LDCs and NFIDCs STEs - Special consideration for maintaining monopoly status 97

98 Hong Kong Ministerial Declaration Parallel elimination of all forms of export subsidies 2013 Substantial part to be eliminated by the end of the first half of the implementation period Disciplines: Export credits, insurance and guarantees 180 days - Should be self-financing, reflecting market consistency and of sufficiently short duration so as not to effectively circumvent real commercially-oriented discipline Food aid - Safe box for bona fide food aid in emergency situations - Eliminate commercial displacement via effective disciplines on in-kind food aid, monetization and re-exports State trading enterprises - Disciplines to also cover future use of monopoly power Access to Article 9.4 for developing country Members for five years after the end-date for elimination of all forms of export subsidies 98

99 Export Competition Chair s Draft Modalities-Job(07)/128 Elimination of all forms of export subsidies by Budgetary outlays- 50% reduction by 2010 and the rest in equal instalments Reduction commitments also on quantity of exported products S&D for developing countries. Developing countries to benefit from the provisions of Article 9.4 until 5 yrs after the end of the implementation period Proposed strengthened disciplines on agricultural exporting STEs and international food aid Elimination of all forms of export subsidies for cotton... 99

100 The Marrakesh NFIDC Decision Recognize possible negative effects of reform programme: availability of adequate food supplies from external sources, on reasonable terms short-term difficulties in financing normal levels of commercial imports WTO list of NFIDCs: Least-developed countries (UN list) plus Barbados, Bolivarian Republic of Venezuela, Botswana, Côte d'ivoire, Cuba, Dominica, Dominican Republic, Egypt, Gabon, Honduras, Jamaica, Jordan, Kenya, Mauritius, Mongolia, Morocco, Namibia, Pakistan, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sri Lanka, Trinidad and Tobago, Tunisia 100

101 The Marrakesh NFIDC Decision Food aid: review by the Committee on Agriculture new Food Aid Convention 1999 extended to 30 June 2007 notifications (quantity and concessionality) Consideration given to requests for assistance to improve agricultural productivity and infrastructure Export credits (negotiations ongoing) Short-term difficulties in financing commercial imports of basic foodstuffs - access to resources of international financial institutions, e.g. IMF and the World Bank 101

102 The Marrakesh NFIDC Decision Inter-agency Panel of finance and commodity experts from IMF, World Bank, FAO, IGC, WTO explore ways for improving access to multilateral programs and facilities to assist with short-term difficulties in financing normal levels of commercial imports of basic foodstuffs Discussions in the Committee on Agriculture concept and feasibility of proposal to establish an ex-ante financing mechanism May Round-table of experts to: explore the need for a safety net identify appropriate mechanisms Recommendations for the IFIs and the Committee on Agriculture 102

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