WT/CTE/W/251  
 
13 March  2023 
(23-1849) Page: 1/2 
Committee on Trade and Environment  Original: English  
 
A PROPOSAL FOR DEDICATED MULTILATERAL DISCUSSIONS ON THE TRADE ASPECTS 
AND IMPLICATIONS OF CERTAIN ENVIRONMENTAL MEASURES  
Communication from  China  
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I.  Background  
 
1. Trade policies are increasingly being used as a tool to implement environmental objectives. 
The trade aspects of certain environmental measures have given rise to controversies. Some of 
these measures were subject to the WTO dispute settlement mechanism, w hile others were the 
usual subjects of relevant WTO committee meetings and trade policy reviews.  
2. The WTO is an important forum for trade policy deliberations, the basis of which are the WTO 
rules. Trade policies designed to achieve environmental objectives  should be consistent with the 
fundamental principles and basic rules of the WTO, strike a balance between environmental 
considerations and trade considerations, and do not constitute protectionist measures or green trade 
barriers.  
3. Different  perceptions ma y exist with respect to the trade aspects and implications of certain 
environmental measures. In addition to sharing information on a voluntary basis and an exchange 
of general positions, there is the need for more engagement in deep, detailed and construc tive 
discussions, debates and deliberations, with a view to enhancing the understanding of the measures 
themselves and the specific concerns of members. Such discussions, debates and deliberations 
should be conducted on a multilateral basis within the fram ework of the WTO.  
4. Paragraph 14 of the MC12 Outcome Document notes, among others, "the importance of the 
contribution of the multilateral trading system to promote the UN 2030 Agenda and its Sustainable 
Development Goals in its economic, social, and environ mental dimensions" and "the role of the 
Committee on Trade and Environment as a standing forum dedicated to dialogue among Members 
on the relationship between trade measures and environmental measures".1  WTO members looked 
forward to further strengthenin g the role of the Committee on Trade and Environment (CTE). India 
and the European Union, respectively, have put forward proposals in this regard.2 At the CTE meeting 
last October, many members made statements that advocated strengthening the functions of the 
CTE.3  
5. In this context, China proposes to use the CTE as a platform for multilateral dedicated 
discussions on the trade aspects and implicatio ns of certain environmental measures.  
II.  A Proposal for dedicated multilateral discussions on the trade aspects and implications 
of certain environmental measures  
 
6. The subject of the proposed multilateral dedicated discussions.  Focus should be given 
to the trade aspects of environmental measures which have wide ramifications, are of high interest 
 
1 MC12 Outcome Document, WT/MIN(22)/24, para . 14. 
2 Concerns on Emerging Trend of Using Environmental Measures As Protectionist Non -Tariff Measures, 
JOB/TE/78 . Reinforcing the Deliberative Function of the WTO to Respond to Global Trade Policy Challenge s – 
Communication f rom the European Union, WT/GC/W/864 . 
3 Report of The Meeting Held On 17 and 21 October 2022 Note by the Secretariat, WT/CTE/M/76, 
pp. 74-79. WT/CTE/W/251  
 
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  and concerns to members and may have significant impact on trade. There are many examples, 
such as those raised regularly at the meeti ngs of the Council on Trade in Goods, the Committee on 
Market Access, the TBT Committee and the CTE.  
7. Modalities and elements of the proposed dedicated multilateral discussions.  In 
contrast to discussions in regular committee meetings, engagement in dedica ted multilateral 
discussions should facilitate deep, detailed and constructive exchange of views, instead of simple 
information -sharing or general exchange of positions. As part of the multilateral dedicated 
discussions, the Member implementing the measure  may submit a written report regarding policy 
objectives and ways of implementation and make a presentation. Members affected by the measure 
could submit written comments and suggestions. Ensuing discussions could be held around specific 
aspects of the rel evant measures. The discussions could include the following seven elements:  
i. the domestic legal basis and international legal basis of the relevant measures  
ii. the means of implementation of the relevant measures, including the major steps of 
administrative pr ocedures, applicable standards and certification requirements, 
information reporting requirements, and compliance requirements  
iii. the nexus between the relevant measures and the intended environmental objectives  
iv. the potential impact of the relevant measures o n international trade  
v. the consistency of the relevant measures with the WTO rules  
vi. the inclusiveness of the relevant measures, including how to take into account different 
regulatory approaches of different members and how to reduce the adverse impact on 
trade of developing members  
8. The benefits of the proposed dedicated multilateral discussions.  First, enhance 
understanding and uncover potential issues. By facilitating exchange of views and evidence from 
different perspectives, the dedicated multilateral dis cussions could enhance understanding on all 
aspects of the measures concerned, from its policy design to the implementation, which is conducive 
to identify problems that might have been overlooked. Second, enhance the inclusiveness. The 
dedicated multilate ral discussions could lead to, as appropriate, the adjustment and optimization of 
the measures concerned, thus enhancing inclusiveness and easing potential trade frictions. Third, 
enhance coherence, including the coherence between the multilateral trading system and the 
multilateral environmental governance regime, the harmonization of trade and environmental goals, 
and the prevention of fragmentation and conflict.  
9. The desirability of the proposed dedicated multilateral discussions. Such discussions 
should  take place multilaterally, first, because of the nature of environmental issues, i.e., they cross 
borders, continents and seas; second, because of the nature of multilateral fora, i.e., the 
participation is inclusive; and, last but not least, because the solution of environmental problems 
could only be sought through multilateral cooperation. In this regard, the WTO should play a greater 
role in promoting environmental sustainability through trade policies, in facilitating trade in 
low-carbon products, in lowering carbon -related trade barriers, and in preventing trade frictions. A 
constructive dedicated multilateral discussion is the first step towards advancing multilateral 
cooperation.  
10. The organization and conduct of the proposed dedicated multilateral di scussions. 
Members concerned are encouraged to come forward with specific topics for dedicated multilateral 
discussions and take the initiative to organize such discussions. Interested members are encouraged 
to participate in and contribute to such discuss ions, with a view to strengthening the role of the WTO 
Committee on Trade and Environment. Such discussions do not replace the discussions under agenda 
items in regular committees and trade policy reviews.  
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