IWTO context
This is one of the few sectors of international trade that has remained largely unaffected by the new disciplines created by the Uruguay Round and the WTO negotiations. Despite the existence of general obligations under Articles I & III of the GATT , as well as regarding lesser WTO obligations, there remains a lack of clarity as to which of the GATT/WTO disciplines in the area of subsidies apply to the fisheries sector. It is evident that it was not the intention of the Contracting Parties to subject the fisheries sector to the disciplines and subsidies reduction commitments of the Agreement on Agriculture. It is the view of the WTO Secretariat and WTO members that the fisheries sector is subject to the much more rigorous disciplines on the Agreement on Subsidies and Countervailing Measures (ASCM). Prior to the very recent spate of research on the subject of fisheries subsidies, WTO members were not aware of the magnitude of these subsidies and it is for this reason that they agreed to subject the fisheries sector to these stricter disciplines. The existence of very substantial subsidies offered by the major fishing nations will mean that the developing countries of the Pacific islands, which are the source of 45% of the world's tuna , along with other developing coastal States, will need to pay particular attention to the emerging consensus at the WTO to bring the fisheries sector subsidies under much stricter discipline.

EU context
European fisheries are in crisis: the overcapacity of the EU fleet (too many boats chasing too few fish) has lead to threatening situations in terms of viability of fish stocks and damage to the marine environment.

The Common Fisheries Policy (CFP), which regulates fishing in Europe, is now under review and therefore offers an opportunity to focus on sustainable fisheries, protection of the marine environment and the long-term future for fishing communities.

ACP perspective
Fisheries is a sector of international trade of considerable importance, particularly for the island States of the Pacific and some African countries heavily dependent on a small number of export commodities, such as Senegal, Mauritania, Namibia, etc. Fisheries are also a vital source of food, employment and income-generating activities in many of them, playing an important role in food security and poverty alleviation for local communities. The interests of commercial fishing affect artisanal fisheries.

The fish resources and ecosystems of West Africa are as depleted as those of the North Atlantic. According to Prof. Daniel Pauly , West Africa has lost half of its stocks of bottom fishes in the last twenty years. Therefore, the fisheries are undermining the development and food security of the countries in the region.

Fisheries offer long-term economic opportunities for some regions (60% of European consumption of fish is imported) only if the resource is effectively managed to avoid over-fishing and stock collapse and if there is an effective control in place.

EU fishing fleets have fisheries agreements with coastal States of ACP countries. The reform of the European Union's fisheries policy provides an ideal opportunity to modify the over-exploitation of the fish resources.