WORLD TRADE
ORGANIZATIONTN/TE/W/35
27 June 2003
(03-3431)
Committee on Trade and Environment
Special SessionOriginal:  English
IDENTIFICATION OF MULTILATERAL ENVIRONMENTAL AGREEMENTS (MEAS)
AND SPECIFIC TRADE OBLIGATIONS (STOS)
Submission by China
Paragraph 31(i)
I. INTRODUCTION
1. China shares the views of many Members that the CTESS has entered into an analytical stage
of work.  It is very helpful for Members to submit their views and experiences in identifying STOs
from MEAs under the Paragraph 31(i) mandate.  A consensus among us could be more easily reachedthrough a pragmatic and analytical discussion on Paragraph 31(i).
2. China wishes to contribute through this submission to the analytical work of the CTESS by
elaborating criteria for the identification of an MEA a nd an STO.  In Part IV of this paper, we try to
categorize the STOs from various perspectives.  This categorization is China’s technical input for the
identification of STOs.  It does not intend to prejudge the outcome of future work in thesenegotiations.  The four selected MEAs in the Annex are only used as an example to identify STOs in
the provisions of various MEAs.
II. CRITERIA FOR IDENTIFYING AN MEA
3. MEAs are international treaties designed to protect and improve the ecological environment,
and properly exploit environmental resources.  The contracting parties of an MEA should implement
the obligations stipulated in the MEA.  We believe that MEAs referred to in Paragraph 31(i) should be
identified in light of the following elements:
• AUTHORITATIVENESS
MEAs should have been negotiated under the auspices of the United Nations system.
The Agreements should be deposited with Secretary-General of the UN or
Director-Generals of the relevant specialized agencies of the UN.
• UNIVERSALITY
An MEA in question should have a substantial number of contracting parties whichaccount for a majority of WTO Members.
• OPENNESS
The agreement should be open for accession by any WTO Member, which is eligible
on the terms applied to the original Members of the agreement.
• IMPACT ON TRADE
MEAs should contain explicit trade measures;  the implementation of these measures
should exert a substantial impact on trade.
• EFFECTIVENESS
A selected MEA should be in force.TN/TE/W/35
Page 2
4. China welcomes the work carried out by the CTE Secretariat and considers that document
WT/CTE/W/160/Rev.1, “Matrix on Trade Measures Pursuant to Selected MEAs”, provides useful
information for WTO Members in the analytical ex ercise of identifying STOs, although not all of
them can be regarded as MEAs under Paragraph 31(i).
III. CRITERIA FOR IDENTIFYING AN STO
5. MEAs have a wide range of protection targets.  However, each MEA has its own speciality
that is revealed in the name of the MEA.  Among the measures designed to achieve the objective of an
MEA, some are trade-related.  We believe that only those trade measures that are specific and
mandatory can qualify as STOs under Paragraph 31(i).  STOs can be identified in the light of the
following elements:
• OBJECTIVE - The measures are designed to achieve the objective of MEAs, i.e. to protect
the ecological environment.
• TRADE-RELATED - Measures that we all recognize from the WTO context as being related
to import and export, and whose implementation can exert an actual impact on trade.
• RELEVANCE - Trade measures stipulated in MEAs that are related to WTO disciplines.
• MANDATORY  - Trade measures that are explicitly provided for and mandatory in MEAs.  In
case a trade measure is not explicitly stipulated as mandatory in an MEA, however, some trademeasures must be taken to achieve the objective identified in the MEA.  Whether these trade
measures fall within the scope of STOs, they should be treated differently in consideration of
the following situations:
(1) In the event that Member countries can take more than one trade measure to achieve
the objective, these trade measures should not be considered as STOs.
(2) If a trade measure has to be implemented in a specific trade transaction, otherwise the
desired outcome cannot be achieved, this trade measure should be qualified as an
STO.
(3) In case that an MEA has provided a number of optional non-mandatory measures,
they cannot be regarded as STOs.
• SPECIFICITY  - Measures to be implemented must be explicitly provided for and clearly
identified in the Agreement. They must not be arbitrarily interpreted or substituted by other
measures.
IV. CATEGORIZATION OF STOS
6. STOs set out in MEAs can cover a wide spectr um of possibilities.  We have categorized STOs
from various perspectives with a view to unde rstanding and implementing STOs adequately and
addressing their relationship with WTO disciplines.
7. Categorization According to the Source of STOs
(1) STOs under preamble of MEAs;
(2) STOs under provisions of MEAs;
(3) STOs under annexes of MEAs;
(4) STOs under amendments of MEAs;(5) STOs in the decisions of the Conference of Parties (COP) of MEAs.
8. STOs set out in the provisions and annexes of MEAs are the least disputable.  It is reasonable
to regard the amendments of MEAs and decisions by the COPs as constituent parts of MEAs.
However, given the various situations in which the amendments and decisions were made, it is
preferable that STOs contained therein be identified on a case-by-case basis.TN/TE/W/35
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Categorization according to the impacts of STOs on Trade
9. Category A:  Trade Restrictions or Bans
(1) Mandatory trade restrictions on imports;
(2) Mandatory trade restrictions on exports;
(3) Mandatory trade bans on imports;(4) Mandatory trade bans on exports.
10. Since the four kinds of STOs are explicitly provided for in MEAs and Contracting Parties
must implement these key obligations and measures, they  are less likely to give rise to debate in the
negotiations than other protective measures.  Examples can be found in CITES, the Basel Convention,
and the Montreal Protocol.
11. Category B:  Exporting and Importing Procedures and Measures
(1) Exporting procedures that must be complied with by contracting exporters
(2) Importing procedures that must be complied with by contracting importers
(3) Measures taken in the course of handling, transportation, packaging and labelling
(4) Measures taken to facilitate the process of trade
V. CONCLUSION
12. China believes that the CTESS is now making good progress on Paragraph 31(i) in a practical
and analytical manner.  The identification of STOs in MEAs will be conducive to the work of the
CTESS in examining the relationship between these two distinct sets of international obligations.  It
could help consensus building among WTO Members on STOs through an analytical step-by-stepapproach.  Therefore, we would like to see more Members continue to identify examples of STOs in
MEAs.TN/TE/W/35
Page 4ANNEX
SELECTED MEAS, AND STOS IN MEAS
Information on
MEAs/WTOmembership
Name of MEAs
Parties WTO
MembersTrade-related
measuresSTOsRemarks
1Convention on
International Trade in
Endangered Species of
Wild Fauna and Flora  CITES161 132Articles II, III, IV, V,
VI, VII ,VIII, XIVArticles II, (iv),
III,
IV,
V,VI, (i, ii, iii, iv, v, vi)
VIII (i, iii, iv, vi, vii).Based on the rarity and degree to which a species
is endangered, the treaty stipulates explicitly and
precisely the obligations that Parties must comply
with in international trade in three appendices onendangered species.
2Montreal Protocol on
Substances that Deplete
the Ozone Layer
  MP184 143 Article 4Article 4 (a, b, c).Rigid trade restrictions on ODS, ODS production,
ODS technology, etc., between Parties and
non-Parties are specific and mandatory.TN/TE/W/35
Page 5Information on
MEAs/WTO
membership
Name of MEAs
Parties WTO
MembersTrade-related
measuresSTOsRemarks
3Basel Convention on
the Control of
Transboundary
Movements of
Hazardous Wastes and
Their Disposal156 124Articles 3, 4, 5, 6, 8, 9,
13Articles 3.1, 3.2, 4.1,
4.2(e), 4.2(f), 4.2(g),
4.5, 4.6, 4.7, 4.8, 4.9,
4.10, 5.1, 6.1, 6.2,
6.3, 6.4, 6.5, 6.9,
6.10, 8, 9.2, 13.2,
13.3, 13.4Specific PIC procedure  and mandatory restrictions
or bans on imports/exports of dangerous wastes
are explicitly provided for.
4Convention on
Biological Diversity
CBD187 140Articles 8(j), 10(b)
15, 16, 22NoNeither trade measures nor special measures are
mentioned precisely.  Only the objective and some
principles are prescribed.  It is the right of Partiesto take necessary measures to achieve the
objective.
Source:  The Information on MEA/WTO membership is from WT/CTE/W/160/Rev.2, 25 April 2003
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