WORLD TRADE
ORGANIZATIONWT/CTE/W/151
29 June 2000
(00-2697)
Committee on Trade and Environment
RECENT DEVELOPMENTS IN MULTILERAL ENVIRONMENTAL
AGREEMENTS (MEAs)
Note by the Secretariat
I. INTRODUCTION
1. This Note provides Members of the Committee on Trade and Environment (CTE) with an
update of the recent developments in the fo llowing multilateral environmental agreements:
− Convention on International Trade in Endanger ed Species of Wild Fauna and Flora (CITES).
The Eleventh Meeting of the Conference of the Parties (COP) to CITES took place in
Nairobi, Kenya from 10 to 20 April 2000.  The Conference adopted several Decisions and
Resolutions at this meeting.  In addition, a number of the Decisions agreed to at the Tenth
Meeting remain valid. The Twelfth Meeting of the COP will take place in the second halfof 2002.  Chile offered to host the meeting in Santiago.
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− Draft International Legally Binding Instrume nt for Implementing International Action on
Certain Persistent Organic Pollutants (POPs). The Fourth Session of the IntergovernmentalNegotiating Committee (INC) was held in Bonn, Germany from 20 to 25 March 2000.  The
Fifth Session of the INC will be held from 4 to 9 December 2000 in Johannesburg,South Africa.  Although not previewed, the need for a sixth session might arise to conclude
negotiations, possibly back to back with the Conference of the Plenipotentiaries, confirmed
for 21-23 May 2001 in Stockholm, Sweden.
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II. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF
WILD FAUNA AND FLORA (CITES)
A. INTRODUCTORY NOTE
2. The Eleventh Meeting of the Conference of the Parties (COP) to CITES drew together
some 1400 participants from Contracting Parties, non-party States, inter-governmental organizations
and non-governmental organizations.  The meeting considered 61 proposals to amend the CITES
Appendices. The meeting also discussed 59 other documents on a wide range of topics, including:
ways to improve the implementation of the Convention;  financial matters;  conservation of and tradein tigers,  elephants,  rhinoceros and Tibetan antelo pes;  and trade in bears,  freshwater turtles and
tortoises, seahorses, and traditional medicines.
                                                     
1 A complete set of Conference documents is available at the WTO Secretariat for delegations to
consult.  For information provided earlier, including at MEA information sessions, Members may wish to
consult documents WT/CTE/W/71 and 119.
2 The current draft text, as contained in the Report of INC-4 (UNEP/POPS/INC.4/5), is available at the
WTO Secretariat.  For information provided earlier, in cluding at MEA information sessions, Members may wish
to consult documents WT/CTE/W/91, 112 and 130.  The international instrument is not to be confused with thePOPs Protocol under the auspices of the United Nations Economic Commission for Europe (UN/ECE).  For
more information on the latter, kindly refer to the presentation made by the UN/ECE Secretariat before the CTE
in 1998 (WT/CTE/W/88).WT/CTE/W/151
Page 2
3. At the end of the meeting, 17 new resolutions were adopted, some existing resolutions were
revised, and many new decisions were passed.  Of the 61 proposals to amend the appendices, 32 were
adopted, 17 withdrawn (five of which were replaced by Resolutions on further actions) and 12
rejected. Proposals which had attracted more attention from the participants and the press, such as
four proposals on whales, four out of the six proposals on African elephants, two proposals of
hawksbill turtles and three proposals on sharks were either withdrawn or rejected.  South Africa's
proposal to transfer its population of African ele phant from Appendix I to Appendix II was adopted as
amended (zero export quota for raw ivory).
B. RESOLUTIONS AND DECISIONS3
4. As CITES is designed to regulate internatio nal trade in threatened species, many of its
Resolutions and Decisions are trade related.  The Decisions adopted at the Eleventh Meeting of the
COP will normally be grouped as follows:  (i) Decisions directed to the CITES Parties;  (ii)  Decisionsdirected to the various CITES Committees;  and (iii) Decisions directed to the CITES Secretariat.
5. The CITES Secretariat, at the time this document was drafted, was still in the process of
organizing the Resolutions and Decisions taken at the Eleventh Meeting of the COP and of directing
the latter to the appropriate bodies.  Pending the offi cial list, an indication of selected Resolutions and
Decisions under discussion at the meeting that might address trade most directly is given below:
6. Selected revised and new Resolutions:
− Conf. 8.15:  Guidelines for a Procedure to Register and Monitor Operations Breeding
Appendix-I Animal Species for Commercial  Purposes (see Com. 11.27 as amended);
− Conf. 9.22:  Universal Tagging System for the Identification of Crocodilian Skins (see
Doc. 11.51 Annex as amended);
− Conf. 10.2:  Permits and Certificates (see Doc. 11.11.4.2, Doc. 11.51 (see § 6), Com. 11.9 and
Com. 11.20);
− Conf. 10.10:  Trade in Elephant Specimens (see Doc. 11.31.3);
− Doc.11.17 Annex 2B:  Consolidated Resolution on Enforcement and Compliance;
− Doc. 11.47 (Rev.1) Annex 2:  Ranching and Trade in Ranched Specimens of Species
Transferred from Appendix I to Appendix II;
− Com. 11.5:  Conservation of and Control of Trade in Tibetan Antelope;
− Com. 11.7:  Conservation of and Trade in Freshwater Turtles and Tortoises in Asia and Other
Regions;
− Com. 11.9:  Trade in Hard Coral;
− Com. 11.13:  Conservation of and Trade in Musk Deer;
− Com. 11.29:  Universal Labelling System for the Identification of Caviar;
− Com. 11.35:  Definition of the Term "Appropriate and Acceptable Destinations".
                                                     
3 Explanatory note:  There are two types of recorded outcomes of the COP:  "Decisions" are generally
requests or instruments to be implemented typically by the next meeting of the COP, e.g . by a Committee or the
CITES Secretariat.  Once implemented they are obsolete.  After each COP, those implemented or no longer in
effect are deleted.  Conversely, "Resolutions" comprise recommendations for improving the effectiveness of the
Convention and are long-lasting in nature.WT/CTE/W/151
Page 3
7. Selected Decisions:
− Doc. 11.12.2:  Strategic Plan for the Convention, including Strategic Vision through 2005 and
Action Plan;
− Doc. 11.25:  Terms of Reference for the Review of the Criteria for Amendment of
Appendices I and II;
− Com. 11.8:  Establishment of a Swietenia macrophylla  (bigleaf mahogany) Working Group;
− Doc. 11.19 Annex 1:  Not to authorize any trade in specimens of CITES species with Parties,
determined by the Standing Committee, that have not submitted annual reports for threeconsecutive years;
− Com. 11.4:  Range States to establish annual catch and export quotas for sturgeons and
paddlefish specimens and to inform the Secretariat;
− Com. 11.22:  To act and report to the Secretariat by 31 July 2001 with regard to
implementation of Resolution Conf. 10.8 regarding trade in bear specimens;
− Com. 11.32 [Doc. 11.30(Rev.1)]:  Tiger range and consumer States to report to the Secretariat
by 31 August 2000 on measures taken with regard to trade in tiger specimens;
− Com. 11.12:  To undertake a review of actions taken by musk deer range, transit and
consumer States to improve enforcement and conservation of musk deer populations and to
report back to COP-12;
− Com. 11.31 (Rev.1):  To make recommendations for COP-12, in consultation with the
Convention on the Biological Diversity, on the basis of the report from theAnimals Committee, on the issues related to the trade in time-sensitive research samples;
− Doc. 11.11.1 Annex:  To liaise with Secretary of  FAO COFI about Plan of Action on Sharks
and report back to COP-12;
− Com. 11.7 Annex 1:  To consider the trade in specimens of CITES listed freshwater turtles
and tortoises in the context of Resolution Conf. 8.9;
− Com. 11.28:  To examine the complex issue related to the origin of founder breeding stocks
and the relationship between ex situ  breeding operations and in situ conservation of the
species concerned and to report to COP-12;
− Doc.11.44 Annex C:  To convene a working group to examine bushmeat as a trade and
wildlife management issue and identify solutions and to contact organizations which can
contribute to a better and sustainable management of the bushmeat trade;
− Doc. 11.56 Annex:  To evaluate the level of captive breeding and artificial propagation of
species for medicinal purposes, to develop projects with regard to international trade inmedicinal products, to continue developing the list of species traded for medicinal properties;
− Com. 11.24 In consultation with the Animals Committee, the IUCN/SSC Crocodile
Specialist Group and the World Customs Organization, to review the ways to streamlineprocedures for issuing permits for sample and product samples made of crocodilian or other
reptile skins and prepare a proposal for COP-12.WT/CTE/W/151
Page 4
III. DRAFT INTERNATIONAL LEGALLY BINDING INSTRUMENT FOR
IMPLEMENTING INTERNATIONAL ACTION ON CERTAIN PERSISTENT
ORGANIC POLLUTANTS (POPs)4
A. INTRODUCTORY NOTE
8. At the opening of the meeting the German Government extended an official offer to locate the
future secretariat of the POPs convention in Bonn, which was meant to complement its earlier offer to
locate the Secretariat of the Prior Informed Consen t (PIC) Convention in that city.  Plenary sessions
were attended by about 120 governments, ten international, seven intergovernmental and 81 non-
governmental organizations.  A negotiating group, the Implementation Aspects group and a legal
drafting group worked in parallel.  Multiple informal contact group meetings were held on Article D,
which might be of particular interest to WTO Members.
9. The draft text of Article D, paragraphs 1 and 2 (see section B below), contains references to
trade.  These paragraphs remained largely unchanged with some brackets being removed.  For
procedural reasons, a proposed text on imports and exports between parties as well as non-parties was
not included in the contact group Chairman's report, but features as an attachment to it, as considered
by the contact group (see section C below).5
10. The draft text of Article D, paragraph 4 (on management and disposal of wastes containing
certain POPs and destruction/disposal of stockpiles), was refered, as amended,6 to the legal drafting
group, which developed several options with regard to cross-referencing to other Conventions for
consideration at INC-5.
11. Several provisions, such as Article D, contain bracketed language on making the respective
obligations subject to the availability of technical and financial assistance.  These issues are linked tothe completion of Articles J and K on Technical Assistance and Financial Resources and Mechanisms.
Article J contains the recognition of the importance of technical assistance and capacity-building in
achieving the objectives of the future instrument;  the whole of Article J bis on the creation of a
capacity assistance network (CAN) remains bracketed, as there had been no opportunity to discuss the
text in plenary.  Article K discussions mainly circled around the question of whether an independent
financial mechanism funded with contributions ought to be set up or whether a combination of
existing institutions, including the Global Envi ronment Facility (GEF), could be utilized.
                                                     
4 This section of the Note is based on factual information contained in document UNEP/POPS/INC.4/5
and was facilitated through the WTO Secretariat's representation at part of the meeting, which greatlycontributed to understanding the complexity of negotiations.
5 Reproducing these texts is meant to contribute to Members' understanding of trade-related discussions
on POPs, which are likely to take place in a formal setting at INC-5.
6 A number of representatives expressed concern that Article D should clearly state the requirements
for the management and environmentally sound disposal of POPs wastes rather than rely on criteria set byanother Convention (Basel) whose legal relationship to a future convention on POPs was uncertain.  Other
representatives were of the view that as the subsidiary technical bodies of the Basel Convention were already
focused on the relevant issues and contained the appropria te technical expertise, they represented an efficient
and well-respected resource on which to draw.  There was discussion of how to balance, within the text, theimportance of site remediation with concerns for its feasibility and practicality.  Several representatives drewattention to the need to distinguish clearly between wastes and products and articles still in use.  Several
highlighted the importance that appropriate financial and technical assistance would play in allowing developing
countries and countries with economies in transition to identify and remediate contaminated sites.  The need to
ensure that the destruction of stockpiles was adequately addressed was also highlighted.WT/CTE/W/151
Page 5
12. The Precautionary Principle was discussed in the context of criteria for the listing of new
substances (Article F), but a number of countries seemed to prefer a reference to the Precautionary
Principle in the Preamble.
13. Proposals were made for the amendment of the control annexes (Annexes A and B), which
were included in the contact group Chairman's report to be forwarded to INC-5.  These might also be
considered in the context of discussions on "general exemptions", i.e. whether there was a need for a
separate Article (Z bis) or whether some of these issues should be dealt with as specific exemptions
under those annexes.
B. CERTAIN ARTICLES CONTAINED IN THE PRELIMINARY DRAFT TEXT
"Draft Article D.  Measures to reduce or eliminate releases
Prohibition of the production and use of certain persistent organic pollutants
1. [Subject to the accessibility of financial and technical assistance,] each Party shall [prohibit]
[prohibit [and] [or] take [other] [the] legal measures necessary to eliminate] [take the legal measures
necessary to eliminate], the production[, import, export] and use of the chemicals listed in Annex A
(Elimination), in accordance with the provisions in that Annex.
[1 bis.  Each Party shall ensure that chemicals listed in Annex A, once their production and use have
been banned, shall not be exported or imported except for the purpose of environmentally sound
[destruction] [or] [disposal].]
Restrictions on the production and use of certain persistent organic pollutants
2. [Subject to the accessibility of financial and technical assistance,] each Party shall [prohibit]
[prohibit [and] [or] take [other] [the] legal measures necessary to eliminate] [take the legal measures
necessary to eliminate] the [production] [or] [and] use of the chemicals listed in Annex B,(Restriction), except for the purposes specified therein, in accordance with the provisions in that
Annex.
New chemicals
2 bis.  With the aim of protecting human health and the environment, each Party having7 a regulatory
and assessment scheme for new pesticides and industrial chemicals, shall take measures within those
schemes to [avoid] [prohibit] [prevent] [regulate] the production [import] [export] and use of newly
developed pesticides and industrial chemicals which, taking into consideration the criteria in Annex
D.1(b) to [D.1(e)] [D.1(f)], exhibit the charac teristics of persistent organic pollutants."
                                                     
7 (Footnote 1 in the original)  The Plenary asked the legal drafting group whether this language, which
is intended to extend the obligation to Parties having (either at the time of entry into force or if developed at alater date) such a scheme for “new” pesticides and industrial chemicals, achieved its purpose.  The legal drafting
group confirmed that the language does accomplish its purpose.WT/CTE/W/151
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C. REPORT OF THE CO -CHAIRS OF THE CONTACT GROUP ON PARAGRAPHS 1 AND 2 OF DRAFT
ARTICLE D (ANNEX III OF UNEP/POPS/INC.4/5)
"The contact group discussed and, after exploring and failing to find a compromise acceptable
to the countries in the contact group, agreed on text  for articles D.1 and D.2, as shown in Appendix I
to this report.  Regarding D.1 bis, the contact group modified the text coming from plenary to reflect a
consistent approach developed for this item.  The contact group considered a proposal to split the
import and export aspects of this article into separate paragraphs, D.1 ter and D.1 quater , respectively.
Following discussion, these approaches to this article were included as alternative bracketed text,including a footnote.  The issue of trans-shipment came up in discussions and the contact group noted
that one way to deal with the issue would be to define “import” as including only goods marked for
final destination in a particular country.  F ootnote 1 of UNEP/POPS/I NC.4/CRP.48 and article D.1.b
in UNEP/POPS/INC.4/CRP.46 were discussed and it was agreed by the contact group not to include
these points in the text put forward by the contact group (as they are dealt with under article D.4.b).  A
non-paper containing additional proposals relating to import and export issues under D.1 bis was
introduced and considered; the non-paper included an aspect of import and export controls, pertainingto non-Parties to the future Convention, not found in article D.1 bis as submitted by the plenary to the
contact group (UNEP/POPS /INC.4/CRP.48).  After several interventions on the issue of moving these
proposals into the proposed convention text to be put forward by the contact group, the Co-Chair of
the contact group ruled that given the non-paper status of the proposals and, because there had been
no discussion of non-Party trade provisions in any of  the preceding meetings of the Intergovernmental
Negotiating Committee or this contact group on Annexes D.1 and D.2, these proposals could not be
included in the proposed text put forward by the contact group.  The Co-Chair’s recollection waschecked prior to the ruling with the secretariat.  Th e final version of that draft text, as considered by
the contact group, can be found in Attachment 1."
"APPENDIX I
Article D:  Measures to reduce or eliminate releases
Prohibition of the production and use of certain persistent organic pollutants
1. [Subject to the accessibility of financial and technical assistance,] each Party shall [prohibit]
[or] [take the legal, administrative and other measures necessary to eliminate] the production
[, import, export] [, transit] and use of the chem icals listed in Annex A (Elimination), in accordance
with the provisions in that Annex.
[1 bis.8 Each Party shall ensure that a chemical listed in Annex A , the production and use of which all
Parties have [prohibited] [or] [taken the legal, administrative and other measures necessary to
eliminate] shall not be exported or imported [or placed in transit operation] except for the purpose ofenvironmentally sound [destruction] [or] [disposal] [and upon the prior authorization of the importing
country].]
[1 ter.
8 Each party shall ensure that a chemical listed in Annex A, the production and use of which that
Party has [prohibited] [or] [taken the legal, administrative and other measures necessary to eliminate],
is not imported by that Party except for the purpose of environmentally sound [destruction] [or]
[disposal].]
[1 quater.8 Each party shall ensure that a chemical listed in Annex A, the production and use of which
all Parties have [prohibited] [or] [taken the legal, administrative and other measures necessary to
                                                     
8 (Footnote 1 in the original)  1 ter and 1 quater , in combination, represent an alternative to 1 bis .WT/CTE/W/151
Page 7
eliminate], is not exported by that Party except for the purpose of environmentally sound [destruction]
[or] [disposal] [and upon the prior authorization of the importing Party ].]
Restrictions on the production and use of certain persistent organic pollutants
2. [Subject to the accessibility of financial and technical assistance,] each Party shall [prohibit]
[or] [take the legal, administrative and other  measures necessary to eliminate] the [production] [and]
use of the chemicals listed in Annex B, (Restriction), in accordance with the provisions in that Annex.
[Production of Annex B chemicals shall be restricted  to those Parties specified in Annex B, and these
Parties shall periodically report to the secretariat the total quantity of each Annex B chemical
produced during that period. Use of Annex B chemi cals shall be restricted to the Parties and uses
specified in Annex B, and those Parties shall periodically report to the Secretariat the total quantity ofeach Annex B chemical imported for that use by a Party during that period.] 
9"
"Attachment 1
Draft Article D.1 quinquiens
[Each party shall ensure that a chemical listed in Annex A, the production and use of which all Parties
have not yet [prohibited]  [or] [taken the legal, administrative and other measures necessary to
eliminate], is only allowed to be exported by that Party to Parties which have a specific exemption
under Annex A, [or to any other Party exclusively] for the purpose of environmentally sound
[destruction] [or] [disposal] [and upon the prior authorisation of the importing Party ]].
Draft Article D.1 sexiens
Notwithstanding the provisions of this article, expo rts referred to in paragraph D.1 ter to D.1. quater
may only be permitted to any State not Party to this Convention, if that State is determined, in a
decision by the Conference of the Parties to be in full compliance with article ... and have submitted
written data to that effect to the secretariat or, where applicable, according to the transitionalprovisions.]"
__________
                                                     
9 (Footnote 2 in the original) Appropriately amended, a corresponding addition to paragraph D1 could
also be considered as regards country specific use exem ptions.  Placement of this bracketed text could also
occur under the reporting Article L.