India joins WTO fish subsidies pact, 900 questions at trade policy review
India formally joined the WTO Agreement on Fisheries Subsidies, becoming the 123rd member to deposit its Instrument of Acceptance, handed over to the WTO Director-General
The Agreement prohibits subsidies for illegal, unreported and unregulated (IUU) fishing and for fishing of already-overfished stocks, while excluding aquaculture and inland fisheries from its scope
India's 8th Trade Policy Review (TPR) at the WTO is scheduled for July 21 and 23, 2026, covering the review period January 2021 to December 2025
More than 900 written questions were submitted by member countries ahead of the review, one of the largest question counts in India's TPR history
The review process, which began in mid-2025, involved consultations across more than 100 ministries, departments, and organisations
WTO Agreement on Fisheries Subsidies (2022)
Adopted at the 12th WTO Ministerial Conference (MC12) in Geneva in June 2022, this is the first WTO agreement focused primarily on ocean sustainability and the first multilateral trade agreement with an explicit environmental objective. It disciplines subsidies that contribute to overfishing and depletion of global fish stocks, which the FAO estimates are already over one-third overexploited.
Key Details
- Article 3 prohibits subsidies to vessels or operators engaged in illegal, unreported and unregulated (IUU) fishing
- Article 4 prohibits subsidies for fishing of stocks already recognised as overfished
- Article 5 restricts subsidies for fishing outside a coastal state's jurisdiction or a Regional Fisheries Management Organisation's competence, in unregulated high seas areas
- A second-track negotiation continues on disciplines for subsidies that cause overcapacity and overfishing generally
- Aquaculture and inland (freshwater) fisheries are explicitly outside the Agreement's scope
- The Agreement entered into force on 15 September 2025 after two-thirds of the WTO's 166 members (111 members) deposited instruments of acceptance, the threshold required under WTO amendment procedure
By becoming the 123rd acceptor, India adds to the ratification base of an agreement already in force, formally binding itself to the IUU and overfished-stock subsidy prohibitions while retaining policy space for its aquaculture-based shrimp export sector, which sits outside the Agreement.
Special and Differential Treatment (S&DT) for Developing Members
WTO agreements routinely carve out longer compliance timelines and technical assistance for developing and least-developed countries (LDCs) — a recurring negotiating principle India has championed, including in fisheries subsidies talks given its large traditional/artisanal fishing population.
Key Details
- Developing and least-developed members get a two-year transition period before compliance obligations under Articles 3 and 4 become enforceable through WTO dispute settlement
- A dedicated Fisheries Funding Mechanism provides technical assistance and capacity building to help developing members implement the Agreement
- India had, prior to acceptance, sought carve-outs for subsistence and small-scale traditional fishers, consistent with its long-standing "public stockholding" and S&DT positions in other WTO negotiations (e.g., agriculture)
India's decision to join follows assurances that traditional and subsistence fishers remain protected and that the transition/S&DT provisions apply, addressing domestic concerns that had earlier delayed India's acceptance.
Trade Policy Review Mechanism (TPRM)
The TPRM, established under Annex 3 of the Marrakesh Agreement (1994) that created the WTO, periodically examines the trade policies and practices of each member and their impact on the multilateral trading system. It is a transparency tool, not a dispute or enforcement mechanism.
Key Details
- Review frequency depends on a member's share of world trade: the four largest traders (currently the EU, US, China, Japan) are reviewed every 2 years; the next 16 every 4 years; others (including India, historically) every 6 years, with LDCs reviewed less frequently
- India's 8th TPR reviews the period January 2021 to December 2025 and is being conducted at the WTO General Council/Trade Policy Review Body in Geneva on 21 and 23 July 2026
- The review is based on two reports — a government report and an independent WTO Secretariat report — followed by a written Q&A round with member countries
- India's delegation for the review is led by the Commerce Secretary
The 900-plus questions received reflect the scale of scrutiny of India's trade policy changes over 2021-25, including tariff measures, digital trade rules, and PLI-linked industrial policy, being tested against WTO transparency norms.
- India: 123rd WTO member to accept the Fisheries Subsidies Agreement
- Agreement adopted: MC12, June 2022; entered into force: 15 September 2025
- Entry into force required acceptance by two-thirds of 166 WTO members
- India's 8th TPR: 21 and 23 July 2026; review period January 2021-December 2025
- Over 900 written questions submitted by WTO members ahead of India's TPR
- TPR review cycle: top-4 traders every 2 years; next 16 every 4 years; other members every 6 years