Two last-minute agriculture proposals land as WTO conference approaches

Brazil submits first ever counter proposal from “non-demandeurs” on domestic support in public stockholding

By Peter Ungphakorn
POSTED JUNE 3, 2022 (REPLACING THIS ORIGINAL PAGE) | UPDATED JUNE 3, 2022

Less than two weeks before the re-scheduled World Trade Organization (WTO) Ministerial Conference, two new proposals were circulated on May 31, 2022, on the most difficult subject in the agriculture negotiations — including the first from a “non-demandeur”.

The two proposals are from opposite sides on how to deal with domestic support in developing countries’ stockholding programmes for food security.

The debate in a meeting of WTO ambassadors two days later showed how far apart members still are on this with only 10 days to go before their ministers meet in Geneva. Members are now holding round-the-clock meetings to prepare for their June 12–15 Ministerial Conference

Continue reading “Two last-minute agriculture proposals land as WTO conference approaches”

Two last-minute agriculture proposals land as WTO conference approaches

Brazil submits first ever counter proposal from “non-demandeurs” on domestic support in public stockholding

By Peter Ungphakorn
POSTED JUNE 1, 2022 | UPDATED JUNE 1, 2022

Less than two weeks before the re-scheduled World Trade Organization (WTO) Ministerial Conference, two new proposals were circulated on the most difficult subject in the agriculture negotiations — including the first from “non-demandeurs”.

The two proposals are from opposite sides on how to deal with domestic support in developing countries’ stockholding programmes for food security.

… This has been updated and re-posted here

Milestone or inchpebble? The first UK ‘trade deal’ with a US state, Indiana

It’s a non-binding memorandum of understanding and Indiana itself could hardly be less interested

By Peter Ungphakorn
POSTED MAY 29, 2022 | UPDATED MAY 31, 2022

“They said a US trade deal couldn’t be done. It can. We are doing it.”

That declaration by UK Minister of State for Trade Policy Penny Mordaunt is the headline on a piece she wrote on a partisan website to celebrate signing an agreement with the US state, Indiana.

But is it a “US trade deal”?

  • It is not with the “US”, but Indiana — a state with 2% of the US population (at 6 million slightly more than Yorkshire or Scotland), less than 2% of the US economy (GDP), and less than 1% of its area (ranked 38th of the 50 US states)
  • The actual “trade” content is minimal, when compared with what governments usually sign in trade agreements
  • “Deal” is misleading since this is not the conclusion of anything. It’s a memorandum of understanding (MoU) — or joint statement of intent — on future cooperation and on what future talks will cover. The way it’s presented stretches the meaning of “agreement” a lot.

The phrase “trade deal” is itself a problem.

Continue reading “Milestone or inchpebble? The first UK ‘trade deal’ with a US state, Indiana”

Pre-ministerial draft shows little to harvest in WTO farm talks

21 years of talking with little sign of convergence on remaining topics in agriculture

UPDATES
See “WTO farm talks head into 2022 with lots of ‘will’ but not much ‘way’
and May 31, 2022, pre-Ministerial Conference drafts (agriculture decision, food security declaration, and exempting the World Food programme from export restrictions decision)

By Peter Ungphakorn
POSTED DECEMBER 9, 2021 | UPDATED JUNE 8, 2021

A week bef0re the now-postponed World Trade Organization Ministerial Conference was due to start, WTO agriculture negotiators received a revised draft from Gloria Abraham Peralta, Costa Rica’s ambassador and the talks’ chair.

The new assessment and draft text is still in the form of a proposed decision for the ministers. It was circulated on November 23, 2021. The conference was postponed three days later on November 26. It was due to take place on November 30–December 3.

The new text was slimmed down from the 27 pages of the July 29 text, to 16 pages, still covering eight topics. This was not because gaps between members’ positions had narrowed. Rather, some issues had proved so intractable that the chair had simply thrown out large chunks of text.




[Public stockholding] has turned out to be the most difficult issue in the agriculture negotiations

— Gloria Abraham Peralta

The page-count was also reduced by combining eight separate draft decisions into one single text.

One commentator has slammed the draft for being completely empty.

“It has absolutely nothing in it. Basically, it says: We will negotiate on market access. We will negotiate on export competition. We will negotiate on domestic support. And not much else,” wrote Australian trade lawyer Brett Williams on the International Economic Law and Policy Blog.

That is a bit harsh. WTO members and their chair had worked hard in the previous months.

Continue reading “Pre-ministerial draft shows little to harvest in WTO farm talks”

Draft chair’s text November 2021 for the WTO agriculture negotiations

Circulated by Ambassador Gloria Abraham Peralta on November 19, 2021

New dates
On February 23, 2022, WTO members meeting as the General Council
agreed to reschedule the Ministerial Conference for the week of June 13

See also
Pre-ministerial draft shows little to harvest in WTO farm talks

By Peter Ungphakorn
POSTED DECEMBER 9, 2021 | UPDATED FEBRUARY 24, 2022

Note: the official draft text is available as a public document here. It was circulated on November 23, 2021 by Ambassador Gloria Abraham Peralta of Costa Rica, the present chair of the negotiations. See the WTO news story of November 25 on the release and discussion.

As with the version from July, the new docusment starts with an assessment by the chair, with an introduction, eight subject headings, and a conclusion. Then come annexes, the main one with a draft text covering all the eight headings — originally eight separate draft decisions — followed by a draft decision on exempting the World Food Programme from export restrictions.

In these pages, the text has been reorganised so the assessment and draft text for each subject are brought together under a single subject heading on a single page:

  1. Introduction and draft preamble (on this page)
  2. Domestic support and draft
  3. Market access and draft
  4. Export competition [where export subsidies might be hidden] and draft
  5. Export restrictions and draft (including decision on World Food Programme)
  6. Cotton and draft
  7. Special safeguard mechanism (SSM) and draft
  8. Public stockholding for food security purposes (PSH) [where purchases at government-set prices are trade-distorting domestic support] and draft
  9. Transparency and draft
  10. Conclusion (on this page)
Continue reading “Draft chair’s text November 2021 for the WTO agriculture negotiations”

‘A lot rests on Members’ shoulders’ — sixth WTO fisheries text circulated

“I have seen first-hand members’ collective commitment and dedication. … I genuinely believe that we can deliver a balanced a meaningful outcome on fisheries subsidies by MC12”

UPDATES
See “Update on WTO fisheries subsidies talks”,
including the drafts the chair sent to the rescheduled Ministerial Conference on June 10, 2022 and the final agreement

By Peter Ungphakorn
POSTED NOVEMBER 10, 2021 | UPDATED JUNE 11, 2022

The chair of the WTO fisheries subsidies negotiations circulated a new draft agreement on November 8, 2021, saying “I genuinely believe that we can deliver a balanced a meaningful outcome on fisheries subsidies” by the Ministerial Conference at the end of this month.

“The eyes of the world are really on us,” WTO Director-General Ngozi Okonjo-Iweala told ambassadors at the negotiations meeting where the new text was introduced.

“Time is short and I believe that this text reflects a very important step toward a final outcome. I really see a significant rebalancing of the provisions, including those pertaining to special and differential treatment, while, at the same time, maintaining the level of ambition.”

The new draft is the sixth compiled and circulated by the chair, Ambassador Santiago Wills of Colombia, since June 2020, the last three released as public documents since May this year.

It is based on negotiations since September and was presented to a meeting of heads of delegations (usually ambassadors) of the WTO’s 164 members.

Continue reading “‘A lot rests on Members’ shoulders’ — sixth WTO fisheries text circulated”

‘Plurilateral’ WTO services deal struck after breakthrough text released

Creating new rules without officially calling them ‘rules’ solves an immediate problem but leaves long term questions

Skip this update and go straight to the article

This article was revised in December 2021, but follows the structure of the original version from September 2021.


UPDATE, DECEMBER 3, 2021:

The deal was eventually announced in Geneva on December 2, 2021, even though the Ministerial Conference had been postponed.

A lightly revised version of the September “reference paper” was released along with a list of the 68 participating members (counting the EU as 28) that had submitted “schedules” (lists) of commitments to streamline domestic regulation. These were combined into a single declaration.

The legally binding part of the deal is those commitments, which will be added to the schedules of commitments participating countries already attached to the WTO’s General Agreement on Trade in Services.

The reference paper itself will not be an official WTO agreement, but the new schedules of commitments will refer to the principles in the reference paper, making those commitments legally binding in practice.

By December 2, 2021, the 68 participants were:

Albania; Argentina; Australia; Austria; Bahrain; Belgium; Brazil; Bulgaria; Canada; Chile; China; Colombia; Costa Rica; Croatia; Cyprus; Czech Republic; Denmark; El Salvador; Estonia; European Union; Finland; France; Germany; Greece; Hong Kong, China; Hungary; Iceland; Ireland; Israel; Italy; Japan; Kazakhstan; Korea, Republic of; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Mauritius; Mexico; Moldova, Republic of; Montenegro; Netherlands; New Zealand; Nigeria; North Macedonia; Norway; Paraguay; Peru; Philippines; Poland; Portugal; Romania; Russian Federation; Saudi Arabia, Kingdom of; Singapore; Slovak Republic; Slovenia; Spain; Sweden; Switzerland; Chinese Taipei; Thailand; Turkey; Ukraine; United Kingdom; United States; Uruguay


See also:
Explainer: The 18 WTO plurilaterals and ‘joint-statement initiatives’ | Participants in WTO plurilaterals | WTO news story | Comprehensive coverage on the independent website on WTO plurliaterals | Hamid Mamdouh on the legal options for adding another plurilateral agreement (investment facilitation) to the WTO rulebook.


By Peter Ungphakorn
POSTED SEPTEMBER 29, 2021 | UPDATED DECEMBER 6, 2021

Almost 70 members of he World Trade Organization (WTO) announced a deal to discipline domestic regulation of services on December 2, 2021, two months after they agreed on the rules they would apply.

The final text saw only minor adjustments compared with the original announced on September 27, 2021, and described as a breakthrough allowing the final deal to be struck.

The September announcement paved the way for the participants to agree on the complete package by the Ministerial Conference (November 30 to December 3 this year), the WTO said. At that time the talks’ participants were officially had 65, but actually 66 WTO members. This has now risen to 68 (or officially 67)

All that remained after the September 27 announcement was for the participants to go through each other’s individual commitments on how the new disciplines would be applied, the WTO said.

Continue reading “‘Plurilateral’ WTO services deal struck after breakthrough text released”

Draft chair’s text July 2021 for the WTO agriculture negotiations

Circulated by Ambassador Gloria Abraham Peralta on July 29, 2021

See also
New agriculture draft suggests nervousness in divided WTO

By Peter Ungphakorn
POSTED AUGUST 3, 2021 | UPDATED AUGUST 3, 2021

Note: the official draft text is here with a small correction here. It was circulated on July 29 by Ambassador Gloria Abraham Peralta of Costa Rica, the present chair of the negotiations.

A revised version was circulated on November 23, 2021

The original starts with an assessment by the chair, with a long introduction, eight subject headings, and a conclusion. Then comes an annex with draft texts for decisions or agreements on each of those subjects.

Here, the text has been reorganised so the assessment and draft text for each subject are brought together under a single subject heading:

  1. Introduction (on this page)
  2. Domestic support and draft
  3. Market access and draft
  4. Export competition [where export subsidies might be hidden] and draft
  5. Export restrictions and draft
  6. Cotton and draft
  7. Special safeguard mechanism (SSM) and draft
  8. Public stockholding for food security purposes (PSH) [where purchases at government-set prices are trade-distorting domestic support] and draft
  9. Transparency and draft
  10. Conclusion (on this page)
Continue reading “Draft chair’s text July 2021 for the WTO agriculture negotiations”

New agriculture draft suggests nervousness in divided WTO

Never before in 21 years of the WTO agriculture negotiations has a chair’s text been circulated as a secret document

By Peter Ungphakorn
POSTED JULY 30, 2021 | UPDATED SEPTEMBER 18, 2021

This has now been revised throughout, based on the actual text

As the World Trade Organization began its 2021 summer break, Gloria Abraham Peralta, Costa Rica’s ambassador and WTO agriculture negotiations chair, circulated her first draft negotiating text, stressing that delegates will need to move quickly to compromise and make a difference to people’s lives.

The 27-page draft, covering eight topics, is designed to focus negotiators’ attentions on what might be agreed at the November 30–December 3 WTO Ministerial Conference, three months after they return in September. It shows members are as divided as ever with little convergence after months of work.

The text is not a public document, but it has been leaked. It was circulated on July 29, 2021 as a restricted document, the first time a chair has done that since the agriculture negotiations began over two decades ago, in 2000.

Continue reading “New agriculture draft suggests nervousness in divided WTO”

Optimism after WTO ministers meet on fisheries subsidies, despite splits

Did ministers bring real hope to the WTO fish subsidies talks or are WTO leaders clutching at straws?

By Peter Ungphakorn
POSTED JULY 16, 2021 | UPDATED OCTOBER 10, 2021

Update: As the talks resumed after the summer break and headed for the year-end Ministerial Conference, there was little sign of any compromise on the outstanding issues.

India circulated a new proposal (not public) calling for a 25-year exemption from overfishing subsidy prohibitions for developing countries not engaged in distant water fishing. A number of delegations complained in a session on September 24 that this and other ideas in the proposal “had no element that could help bring about a compromise between members” (Amiti Sen in Hindu Business Line, September 26, 2021).

See more updates, as negotiators go through the chair’s draft line by line almost daily in October 2021.

The two people managing the negotiations on fisheries subsidies in the World Trade Organization (WTO) said they were more confident that an agreement can be reached after 104 ministers or their representatives participated in an online meeting on July 15, 2021.

“This is the closest we have ever come towards reaching an outcome — a high-quality outcome that would contribute to building a sustainable blue economy,” WTO Director-General Ngozi Okonjo-Iweala told the ministers at the end of the meeting.

“The prospect for a deal in the autumn ahead of our Ministerial Conference has clearly improved,” she said.

The next Ministerial Conference — the WTO’s top decision-making body — meets from November 30 to December 3 this year

Ambassador Santiago Wills of Colombia, who chairs the negotiations, echoed Okonjo-Iweala. He told a press conference afterwards that he was also more optimistic that an agreement can be reached in time.

But some of the statements that have been made public, with some reading between the lines, show that major differences still remain.

Continue reading “Optimism after WTO ministers meet on fisheries subsidies, despite splits”