8.1 Without prejudice to Article 25 of the SCM Agreement and with a view to strengthening and enhancing notifications of fisheries subsidies, and to allowing more effective surveillance of the implementation of fisheries subsidies commitments, each Member shall:
- a)provide the following information as part of its periodic notification of fisheries subsidies in accordance with Article 25 of the SCM Agreement12,13: the type or kind of fishing activity for which the subsidy is granted.
12 For the purposes of Article 8.1, Members shall supply this information in addition to all the information required in Article 25 of the SCM Agreement and as stipulated in any questionnaire used by the SCM Committee, for example, document G/SCM/6/Rev.1.
13 In the case of LDC Members, and developing country Members with an annual share of the global volume of marine capture fisheries production not exceeding 0.8 per cent as per the most recent data published by the FAO and distributed by the WTO Secretariat, the notification of the additional information provided for in this subparagraph may be made every four years.
- b)provide, to the extent possible, the following information as part of its periodic notification of fisheries subsidies in accordance with Article 25 of the SCM Agreement12,13:
12 For the purposes of Article 8.1, Members shall supply this information in addition to all the information required in Article 25 of the SCM Agreement and as stipulated in any questionnaire used by the SCM Committee, for example, document G/SCM/6/Rev.1.
13 In the case of LDC Members, and developing country Members with an annual share of the global volume of marine capture fisheries production not exceeding 0.8 per cent as per the most recent data published by the FAO and distributed by the WTO Secretariat, the notification of the additional information provided for in this subparagraph may be made every four years.
- i)the status of the fish stocks in the fishery for which the subsidy is granted (e.g., overfished, maximally sustainably exploited, or underexploited) and the reference points used, and whether such stocks are shared14 with another Member or are managed by an RFMO/A; 14 The term "shared stocks" refers to stocks occurring within the EEZs of two or more coastal Members, or both within the EEZ(s) and in an area beyond and adjacent to the EEZ.
- ii)conservation and management measures in place for the relevant fish stock; iii) fleet capacity in the fishery for which the subsidy is granted; iv) the name and identification number of the fishing vessel or vessels benefiting from the subsidy; v) catch data by species or species group in the fishery for which the subsidy is granted.15 15 In the case of multi-species fisheries, Members may instead submit other relevant data available on catches.
8.2 Each Member shall annually notify the Committee in writing of a list of vessels and operators that it has positively determined as having engaged in IUU fishing.
8.3 Each Member shall inform the Committee, within one year of the date of entry into force of this Agreement, of the measures in place or taken for the implementation and administration of this Agreement, including the steps taken to implement the prohibitions set out in Articles 3, 4, and 5. Each Member shall also promptly inform the Committee of any subsequent changes to such measures, and of new measures taken to implement the prohibitions set out in Article 3.
8.4 Each Member shall provide to the Committee, within one year of the date of entry into force of this Agreement, a description of its fishery regime with references to its laws, regulations, and administrative procedures relevant to this Agreement, and shall promptly inform the Committee of any subsequent modifications. A Member may meet this obligation by providing the Committee with an updated electronic link to its official website or other appropriate official website containing that information.
8.5 A Member may request additional information from the notifying Member regarding the notifications and information submitted pursuant to this Article. The notifying Member shall respond to that request as quickly as possible and in writing in a complete manner. If a Member considers that a notification or information required under this Article has not been provided, it may bring the matter to the attention of the other Member or the Committee.
8.6 Members shall notify the Committee in writing, upon the entry into force of this Agreement, of any RFMO/A of which they are a party. This notification shall consist, at a minimum, of the text of the legal instrument establishing the RFMO/A, the area and species under its competence, information on the status of managed fish stocks, a description of its conservation and management measures, the rules and procedures governing its IUU fishing determinations, and the up-to-date lists of vessels and/or operators that it has determined to have engaged in IUU fishing. This notification may be made individually or by a group of Members.16 Any changes related to this information shall be promptly notified to the Committee. The Secretariat for the Committee shall maintain a list of RFMO/As notified pursuant to this Article.
16 This obligation may be met by providing an updated electronic link to the official website of the notifying Member or other appropriate official website containing that information.
8.7 Members recognize that the notification of a measure does not prejudge a) its legal status under the GATT 1994, the SCM Agreement, or this Agreement; b) the effects of the measure under the SCM Agreement; or c) the nature of the measure itself.
8.8 Nothing in this Article shall require the provision of confidential information.