India’s concern regarding Fixed external reference price
- The fixed ERP at the WTO has not been updated for many years, leading to a significant gap between the Minimum Support Price (MSP) and the fixed ERP due to inflation.
- India’s ERP for rice in 1986-88 was $262.51/tonne, while the MSP was lower than this.
- In 2015-16, India’s applied administered price for rice was $323.06/tonne, surpassing the ERP from 1986-88.
- If India procures all 23 crops at MSP, it could exceed the de minimis limit, inviting potential legal challenges at the WTO.
- Even if the government involves private parties in procurement at government-determined prices, as with sugarcane, the 10% de minimis limit still applies.
Peace Clause
- The “peace clause” was the approach adopted at WTO’s Bali Ministerial Conference (2013).
- It protects developing countries from legal challenges regarding their breach of subsidy limits for agricultural products.
- However, the peace clause is not a long-term solution. There have been ongoing negotiations to find a permanent resolution for issues related to public stockholding for food security purposes.
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