WORLD TRADE
ORGANIZATIONWT/CTE/W/160/Rev.1
14 June 2001
(01-2956)
Committee on Trade and Environment
MATRIX ON TRADE MEASURES PURSUANT TO SELECTED MEAs
Note by the Secretariat
Revision
1. This Note has been prepared in response to requests from delegations for information on
trade-related developments in multilateral environmental agreements (MEAs).  The Note contains a
revised Matrix on trade measures pursuant to selected MEAs.  The Matrix includes information on the
provisions of 14 environmental conventions and protocols.  The revisions to the Matrix include
updating the material on the original 11 environmental conventions and protocols in WT/CTE/W/160,
and adding information on the finalized Stockholm Convention on Persistent Organic Pollutants,which was adopted in May 2001, as well as on two additional instruments:  the International Plant
Protection Convention, and the UN Fish Stocks Agreement.
2. The Matrix is organized in the following manner.  The first column states the name, date of
adoption and the purpose of the MEA (the Agreements are listed in order of the year of adoption).
The second column contains information on membership in the MEA (as of 1 June 2001), including,where appropriate, the WTO Members that are, or are not, Parties to that MEA.  The third column
summarizes the trade-related measures in the partic ular Agreement, notably if there is a requirement
or a restriction on imported or exported products or on the process of their importation or exportation.
Trade measures can range from trade bans to products standards, from notification procedures to
labelling requirements.
1  The fourth column contains supportive measures, such as technology transfer
or financial assistance provided under the provisions of the Agreement.  The fifth column explains the
mechanism (if any) used in the Agreement for non-compliance of a Party.  The sixth column lists thedispute settlement mechanisms in the Agreement and indicates whether there have been any disputes
to date.  The last column sets out any provisions that relate to non-parties to the Agreement.
3. The Secretariat has prepared this Matrix under its own responsibility in cooperation with the
following MEA Secretariats:
2
− International Commission for the Conservation of Atlantic Tunas (ICCAT);
− Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES);
− Convention on the Conservation of Antarc tic Marine Living Resources (CCAMLR);
                                                     
1 Dale Andrew, Trade Measures in Multilateral Environmental Agreements:  Synthesis Report of
Three Case Studies , OECD document COM/ENV/TD(98)127, Joint Session of Trade and Environment Experts,
12 November 1998, page 10.
2 The Secretariats of the relevant Agreements described were asked to confirm the information
contained in the Matrix.  The WTO Secretariat is grateful for their responses.  Nevertheless, theWTO Secretariat takes full responsibility for any errors the Matrix may contain and undertakes to revise it in
light of further information that it receives.WT/CTE/W/160/Rev.1
Page 2
− Montreal Protocol on Substances that Deplete the Ozone Layer (MP);
− Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal;
− Convention on Biological Diversity (CBD);
− UN Framework Convention on Climate Change (UNFCCC);
− International Tropical Timber Organization (ITTO);
− UNEP Chemicals on the Rotterdam Convention on Prior Informed Consent (PIC) and
the Stockholm Convention on Persistent Organic Pollutants (POPs);
− International Plant Protection Convention (IPPC);  and
− UN Division of Ocean Affairs and the Law of the Sea on the UN Fish Stocks
Agreement.
4. The Matrix makes reference to the Global Environment Facility (GEF) when discussing the
supportive measures contained in the UNFCCC, the CBD and the Montreal Protocol.  The GEF is a
financial mechanism that provides grant and concessional funds to recipient countries for projects and
activities that aim to protect the global environment.   It is jointly implemented by the United Nations
Development Programme (UNDP), the United Nations Environment Programme (UNEP) and the
World Bank.  The GEF is the current funding mechanism for the UNFCCC and the CBD.  The use of
GEF resources to fund convention activities is to be in conformity with the policies, programmepriorities, and eligibility criteria decided by the Convention of the Parties of each MEA.  The
Montreal Protocol has its own Multilateral Fund to cover developing country costs in phasing out the
production and consumption of ozone-depleting substances.  However, there are a number of GEF-
eligible countries that are Parties to the Montreal Protocol in which the production or consumption of
ODS is too high to qualify for support under the Mu ltilateral Fund.  Countries receiving funding for
ozone projects through the GEF have to meet the same criteria as those receiving funding through the
Multilateral Fund.
5. Annex I to the Matrix contains a list of MEAs which contain potential trade measures.
6. The Secretariat intends to continue to update this Matrix periodically in light of developments
and welcomes comments and suggestions from Members in this regard.
3
                                                     
3 Reports on the status of major environment-related Conventions can be found at:
www.iisd.ca/linkages ( Linkages ), provided by the International Ins titute for Sustainable Development (IISD),
publishers of the Earth Negotiations Bulletin , (www.iisd.ca).  It is designed to be an electronic clearinghouse for
information on past and upcoming international meetings related to environment and development.WT/CTE/W/160/Rev.1
Page 3
MATRIX ON TRADE MEASURES PURSUANT TO SELECTED MEAs
Table of Contents
GLOSSARY OF TERMS ……………………………………………………………………4
I. INTERNATIONAL PLANT PROT ECTION CONVE NTION ...........................................5
II. INTERNATIONAL COMMISSION FOR THE CONSERVATION OF
ATLANTIC TUNAS...............................................................................................................10
III. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
OF WILD FAUNA AND FLORA .........................................................................................14
IV. CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE
LIVING RE SOURCES ..........................................................................................................18
V. MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER .................................................................................................................... .20
VI. BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY
MOVEMENTS OF HAZARDOUS WA STES AND THEIR DISPOSAL.........................24
VII. CONVENTION ON BIOL OGICAL DIVERSITY..............................................................27
VIII. CARTAGENA PR OTOCOL ON BIOSAFETY..................................................................30
IX. UNITED NATIONS FRAMEWORK CO NVENTION ON CLIMATE CHANGE .........38
X. KYOTO PR OTOCOL ............................................................................................................40
XI. INTERNATIONAL TROPICAL  TIMBER AG REEMENT..............................................42
XII. UN FISH STOCKS  AGREEM ENT ......................................................................................45
XIII. ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT
PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND
PESTICIDES IN IN TERNATIONAL TRADE ...................................................................51
XIV. STOCKHOLM CONVENTION ON PE RSISTENT ORGANIC POLLUTANTS ..........53
ANNEX:  LIST OF MEAs CONTAINI NG POTENTIAL T RADE MEAS URES ........................55WT/CTE/W/160/Rev.1
Page 4
GLOSSARY OF TERMS
CCAMLR Convention on the Conservation of Antarctic Marine Living Resources
CBD Convention on Biological Diversity
CDM Clean Development MechanismCFCs Chlorofluorocarbons
CITES Convention on the International Trade in Endangered Species of Wild Fauna and
Flora
COP/MOP Conference of the Parties/Meeting of the Parties
EEZ Exclusive Economic Zone
GEF Global Environment Facility
GHGs Greenhouse gasesHCFCs Hydrochlorofluorocarbons
ICCAT International Commission for th e Conservation of Atlantic Tunas
ICJ International Court of Justice
ITLOS International Tribunal of the Law of the Sea
IPPC International Plant Protection ConventionITTA/ITTO International Tropical Timber Agreement/Organization
IUCN World Conservation Union
LMOs Living modified organisms
MEAs Multilateral environmental agreements
MCP Multilateral Consultative ProcessMP Montreal Protocol on Substances that Deplete the Ozone Layer
ODS Ozone-depleting substances
PIC Prior informed consent procedure
POPs Persistent organic pollutants
RFMOs Regional Fisheries Management OrganizationsUNCLOS United Nations Convention on the Law of the Sea
UNFCCC United Nations Framework Convention on Climate ChangeWT/CTE/W/160/Rev.1
Page 5I. INTERNATIONAL PLANT PROTECTION CONVENTION
Name of
MEA, date of
adoption and
objectiveInformation on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
International
Plant Protection
Convention(IPPC), 1951(revised in
1979 and
1997).
The IPPC is an
international
treaty for plant
protection.Although theIPPC has strong
implications for
internationaltrade, it hasinternational
cooperation for
plant protectionas its focus.Many forms of
cooperation fall
within thescope of theConvention. Its
application to
plants is notlimited only tothe protection
of cultivated
plants or directdamage frompests.  The
scope of the
Conventionextends to theprotection of
cultivated andThe Convention
has 115 Parties.
The 1997
amended text of
the Convention
will come intoforce when 2/3 ofthe contractingparties have
ratified it.  So far,
30 of the 115contractingparties have
accepted it.
44 WTO
Members are not
party to the
Convention:
Angola
Antigua &
  BarbudaBeninBotswana
Brunei
  DarussalamBurundiCameroon
Central African
  RepublicChadCongo
Congo, Dem.
  Rep.DjiboutiDominica
ECArticle VII
With the aim of preventing the
introduction and/or spread ofregulated pests into theirterritories, contracting parties shall
have sovereign authority to
regulate, in accordance withapplicable internationalagreements, the entry of plants andplant products and other regulated
articles and, to this end, may:
(a) prescribe and adopt
phytosanitary measures concerning
the importation of plants, plant
products and other regulatedarticles, including, for example,inspection, prohibition on
importation, and treatment;
(b) refuse entry or detain, or require
treatment, destruction or removal
from the territory of the contracting
party, of plants, plant products andother regulated articles orconsignments thereof that do not
comply with the phytosanitary
measures prescribed or adoptedunder subparagraph (a);
(c) prohibit or restrict the
movement of regulated pests intotheir territories;
(d) prohibit or restrict the
movement of biological controlagents and other organisms ofphytosanitary concern claimed to be
beneficial into their territories.Article XX
The Parties agree to promote
the provisions of technicalassistance to contracting partiesespecially those that are
developed contracting parties,
either bilaterally or throughinternational organizations, withthe objective of facilitating theimplementation of this
Convention.No provisions Article XIII as
amended
If there is any
dispute regardingthe interpretation or
application of this
Convention, or if acontracting partyconsiders that anyaction by another
contracting party is
in conflict with theobligations of thelatter under
Articles V and VII
of this Convention,especially regardingthe basis of
prohibiting or
restricting theimports of plants,plant products or
other regulated
articles comingfrom its territories,the contracting
parties concerned
shall consult amongthemselves as soonas possible with a
view to resolving
the dispute.
If the disputecannot be resolved
by the means
referred to inparagraph 1, thecontracting party
or partiesArticle XVIII
The contracting
parties shallencourage any stateor member
organization of FAO,
not a party to this
Convention, toaccept thisConvention, and
shall encourage any
non-contracting partyto applyphytosanitary
measures consistent
with the provisionsof this Conventionand any international
standards adopted
hereunder.WT/CTE/W/160/Rev.1
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parties
natural flora aswell as plantproducts, and
includes direct
and indirectdamage bypests.
The Preamble
recognizes thatphytosanitarymeasures should
be technically
justified,transparent andshould not be
applied in such
a way as toconstitute eithera means of
arbitrary or
unjustifieddiscriminationor a disguisedrestriction,
particularly on
internationaltrade;  it alsotakes note of the
agreements
concluded as aresult of theUruguay Round
of Multilateral
TradeNegotiations,including the
SPS Agreement.Fiji
GabonGambia
Georgia
Guinea-BissauHondurasIceland
Ivory Coast
KuwaitKyrgyzstanLatvia
Lesotho
LiechtensteinMadagascarMaldives
Mauritania
MongoliaMozambiqueMyanmar
Namibia
QatarRwandaSt. LuciaSao Vincent &
  the Grenadines
SingaporeSlovak Rep.Swaziland
Tanzania
UgandaZimbabweIn order to minimize interference
with international trade, eachcontracting party, in exercising its
authority under paragraph 1 of this
Article, undertakes to act inconformity with the following:
(a) Contracting parties shall not,
under their phytosanitarylegislation, take any of themeasures specified in paragraph 1
of this Article unless such
measures are made necessary byphytosanitary considerations andare technically justified.
(b) Contracting parties shall,
immediately upon their adoption,publish and transmit phytosanitary
requirements, restrictions and
prohibitions to any contractingparty or parties that they believemay be directly affected by suchmeasures.
(c) Contracting parties shall, on
request, make available to anycontracting party the rationale for
phytosanitary requirements,
restrictions and prohibitions.
(d) If a contracting party requires
consignments of particular plants or
plant products to be imported onlythrough specified points of entry,such points shall be so selected as
not to unnecessarily impede
international trade. The contractingparty shall publish a list of suchpoints of entry and communicate it
to the Secretary, any regional plant
protection organization of whichthe contracting party is a member,concerned may
request the FAODirector-General to
appoint a
committee ofexperts to considerthe question in
dispute, in
accordance withrules andprocedures that
may be established
by theCommission.This Committee
shall include
representativesdesignated by eachcontracting party
concerned. The
Committee shallconsider thequestion in dispute,taking into account
all documents and
other forms ofevidence submittedby the contracting
parties concerned.
The Committeeshall prepare areport on the
technical aspects of
the dispute for thepurpose of seekingits resolution. The
preparation of the
report and itsapproval shall beaccording to rules
and procedures
established by theCommission, and itWT/CTE/W/160/Rev.1
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parties
all contracting parties which thecontracting party believes to bedirectly affected, and other
contracting parties upon request.
Such restrictions on points of entryshall not be made unless the plants,plant products or other regulated
articles concerned are required to be
accompanied by phytosanitarycertificates or to be submitted toinspection or treatment.
(e) Any inspection or other
phytosanitary procedure required bythe plant protection organization of
a contracting party for a
consignment of plants, plantproducts or other regulated articlesoffered for importation, shall take
place as promptly as possible with
due regard to their perishability.
(f) Importing contracting parties
shall, as soon as possible, inform
the exporting contracting party
concerned or, where appropriate,the re-exporting contracting partyconcerned, of significant instances
of non-compliance with
phytosanitary certification.  Theexporting contracting party or,where appropriate, the re-exporting
contracting party concerned, should
investigate and, on request, reportthe result of its investigation to theimporting contracting party
concerned.
(g) Contracting parties shall
institute only phytosanitary
measures that are technically
justified, consistent with the pestshall be transmitted
by the Director-General to the
contracting parties
concerned. Thereport may also besubmitted, upon its
request, to the
competent body ofthe internationalorganization
responsible for
resolving tradedisputes.The contracting
parties agree that
therecommendationsof such a
committee, while
not binding incharacter, willbecome the basisfor renewed
consideration by
the contractingparties concernedof the matter out of
which the
disagreementarose.The contracting
parties concerned
shall share theexpenses of theexperts.
The provisions of
this Article shall becomplementary toand not in
derogation of the
dispute settlementWT/CTE/W/160/Rev.1
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parties
risk involved and represent the leastrestrictive measures available, andresult in the minimum impediment
to the international movement of
people, commodities andconveyances.
(h) Contracting parties shall, as
conditions change, and as new factsbecome available, ensure thatphytosanitary measures are
promptly modified or removed if
found to be unn ecessary.
(i) Contracting parties shall, to the
best of their ability, establish and
update lists of regulated pests, usingscientific names, and make suchlists available to the Secretary, to
regional plant protection
organizations of which they aremembers and, on request, to othercontracting parties.
(j) Contracting parties shall, to the
best of their ability, conductsurveillance for pests and developand maintain adequate information
on pest status in order to support
categorization of pests, and for thedevelopment of appropriatephytosanitary measures. This
information shall be made available
to contracting parties, on request.
A contracting party may applymeasures specified in this Article
to pests which may not be capable
of establishment in its territoriesbut, if they gained entry, causeeconomic damage.  Measures
taken against these pests must be
technically justified.Contracting parties may applyprocedures
provided for inother international
agreements dealing
with trade matters.
There have been no
disputes to date.WT/CTE/W/160/Rev.1
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parties
measures specified in this Articleto consignments in transit throughtheir territories only where such
measures are technically justified
and necessary to prevent theintroduction and/or spread of pests.Nothing in this Article shall
prevent importing contracting
parties from making specialprovision, subject to adequatesafeguards, for the importation, for
the purpose of scientific research,
education, or other specific use, ofplants and plant products and otherregulated articles, and of plant
pests.
Nothing in this Article shall
prevent any contracting party from
taking appropriate emergency
action on the detection of a pestposing a potential threat to itsterritories or the report of such adetection.  Any such action shall
be evaluated as soon as possible to
ensure that its continuance isjustified.  The action taken shall beimmediately reported to
contracting parties concerned, the
Secretary, and any regional plantprotection organization of whichthe contracting party is a member.WT/CTE/W/160/Rev.1
Page 10II. INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS
Name of
MEA, date of
adoption and
objectiveInformation on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
International
Commission for
theConservation ofAtlantic Tunas
(ICCAT), 1966.
ICCAT is
responsible for
the conservation
of tunas andtuna-likespecies in the
Atlantic Ocean
and adjacentseas.
Its mandate also
includes thestudy of fishspecies caught
incidental to
tuna fishing.ICCAT has 30
Parties, 23 of
these Parties arealso WTOMembers.
The 7 Parties to
ICCAT that arenot WTO
Members are:
Algeria
Cape Verde
China
Equatorial GuineaLibyaRussia
Sao Tome &
PrincipeICCAT does not contain trade
measures, but Resolutions taken by
the Parties do contain traderestrictions.  In Resolution by
ICCAT Concerning an Action
Plan to Ensure Effectiveness of
the Conservation Program for
Atlantic Bluefin Tuna, 1994 ,
Article (f) states that "to ensure the
effectiveness of ICCAT Bluefin
Conservation Programme theCommission will recommend thatContracting Parties take non-
discriminatory trade restrictive
measures, consistent withinternational obligations on bluefintuna products".  A similar
Resolution (Action Plan) was also
taken for Atlantic Swordfish
(1995) and trade measures can alsobe taken for conservation of
swordfish.
Recommendations were adopted
by the Contracting Parties in 1996
to take appropriate measures,
consistent with the provisions ofthe Bluefin Tuna  Resolution , to
the effect that the import ofAtlantic bluefin tuna and its
products in any form be prohibited,
starting from 1997 from Belize andHonduras, and starting from 1998from Panama.
ICCAT adopted a recommendation
in 1996 regarding compliancemeasures for bluefin tuna and
north Atlantic swordfish fishing.
This Recommendation includes anarticle that trade measures similarContracting Parties have access
to the scientific research and
statistical database and otherinformation, (as well asparticipation in all scientific and
other meetings), the possibility
of obtaining some technicalassistance in establishing theirstatistical systems, and in
receiving training from the
Commission.
Funding of many of the
Commission’s activities is
through the regular budget,provided by Contracting Partycontributions.  Special funding
arrangements have been
established, with funds from thepublic and private sector.Article IX
Contracting Parties agree to take all
necessary action to ensure theenforcement of ICCAT.  TheContracting Parties have adopted
Recommendations pursuant to the
Bluefin Tuna Resolution  and the
Swordfish Action Plan Resolution
for compliance measures (see Trade-
related measures).  Some non-
compliance procedures have beenenforced, such as reducing catchquotas by the amount of excess catch
over the quota and or by 125 per cent
of the excess.  Also trade measurescan be, and have been applied toContracting Parties (see trade-related
measures).No provisions. Chinese Taipei, a
non-party/entity/
fishing entity iscomplying with theCommission’s
regulations to the
same extent asContracting Parties.Other countries,
such as Turkey,
partially complywith managementregulations.  These
countries are
studying theprocedures tobecome
Contracting Parties.
In 1997, the
Commission adopted
a Resolution urging
non-parties either tobecome ContractingParties, or attain
status as a
"Cooperating
Party/Entity/FishingEntities".  Such statusrequires the firm
commitment to
provide the same datathat ContractingParties are required to
submit and they have
to respect theCommission’smanagement
recommendations.
Such status is grantedfor one-year periodsWT/CTE/W/160/Rev.1
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to those mentioned above can alsobe taken against Contracting
Parties. A Resolution adopted in
1997 to extend the abovecompliance measures to southAtlantic swordfish.
Recommendations were adopted in
1999 to take appropriate measures,consistent with the provisions of
Swordfish Action Plan
Resolutio n, to the effect that the
import of Atlantic swordfish andits products in any form beprohibited (to become effective in
mid-2000).
Also according to the Compliance
Recommendation, the Commission
recommended that Contracting
Parties take appropriate measuresto prohibit the import of Atlanticbluefin tuna and its products in any
form from Equatorial Guinea (a
Contracting Party).
Panama, after trade measures were
imposed against it, became a Party
to the Commission, and has sinceimplemented stringent domesticmeasures such as the cancellation
of all open-registries of tuna
fishing vessels and started alicensing system with a strictsatellite vessel monitoring system.
Therefore, the Commission
recommended in 1999 thatprevious trade measures taken bythe Contracting Parties in relationto Panama for bluefin tuna be
lifted.and is subject to
review annually.  In
1999, Chinese Taipei
and Mexico weregranted that status.
In addition, according
to the ICCAT
Secretariat,  thefollowing countries,entities, or fishing
entities can be
considered asimportant or keyplayers, because of
their involvement in
tuna fisheries: Turkey, Cyprus,Malta, Algeria,
Denmark
(Faroe Islands),Iceland, Honduras,Belize,
the Philippines,
Thailand, andVanuatu.WT/CTE/W/160/Rev.1
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parties
Incentives to join the Conventioninvolve the right to participate in
the process of establishing
regulatory measures, taking part inthe partitioning of quotas, andobtaining a quota.  According tothe ICCAT Secretariat, as soon as
strict quotas were introduced, the
number of Contracting Partiesincreased.  Trade measures takenagainst Belize and Honduras are
still in effect.  Many of the vessels
that were considered as fishingillegally with the flag of Belize andHonduras (and Panama) have since
changed their flags to other
countries.  Hence, non-complianceby these three countries has beenreduced, but many fishing boats
are still operating in the manner
which undermines the objectivesof ICCAT´s conservationmeasures.
Warning letters have been sent to
Guinea Bissau concerning bluefintuna catches;  a final warning letter
was sent to Sierra Leone
concerning its bluefin andswordfish fishing;  and warningletters were sent to Equatorial
Guinea (a Contracting Party)
relative to their fishing practices.The responses (or lack ofresponse) to these letters will be
discussed at each Commission
Meeting.
In 1999, the Commission adopted
Resolution calling for further
actions against illegal, unregulated
and unreported fishing activitiesby large scale longline vessels inWT/CTE/W/160/Rev.1
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the Convention area and other
areas .  Among other actions, it
recommended that the Contracting
Parties, Cooperating Non-Contracting Parties, Entities andFishing Entities shall take everypossible action, consistent with the
relevant laws, to urge their
importers, transporters and otherconcerned business people torefrain from engaging in transaction
and transhipment of tunas and tuna-
like species caught by vesselscarrying out illegal, unregulated andunreported fishing activities in the
Convention Area and other areas.WT/CTE/W/160/Rev.1
Page 14III. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Name of
MEA, date of
adoption and
objectiveInformation on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Convention on
International
Trade inEndangeredSpecies of Wild
Fauna and
Flora (CITES),1973.
An
international
treaty to protectwildlife againstover-
exploitation and
to preventinternationaltrade from
threatening
species withextinction.There are 154
Parties to CITES.
10 WTO
Members are not
party to CITES:
Angola
BahrainEC
Haiti
IrelandKyrgyz RepublicKuwait
Lesotho
MaldivesSolomon IslandsArticle II
CITES regulates trade in
endangered species by definingconditions under which import andexport permits may be issued.  The
conditions are differentiated
according to a classification systembased on three appendices ofprotected species.
Article III
Appendix I includes all species
threatened with extinction whichare or may be affected by trade.
Trade in these species is subject to
particularly strict regulationthrough both import and exportpermits which may be issued only
in exceptional circumstances.
Trade in Appendix 1 species must
meet two criteria:
Trade must not be primarily
commercial in nature and it mustnot be detrimental to the species.
The non-detriment finding is a
scientific test.  Document 11.40prepared for CITES COP11provides assistance to Scientific
Authorities for making non-
detriment findings.  It makesreference to Information Document11.3 for COP11 which contains a
draft elaborated checklist for
making non-detriment findings forAppendix II species.  The checklistis to be further developed by the
CITES Secretariat and IUCN.
The species listed in this appendixCITES is funded through a
Trust Fund administered by
UNEP.  CITES projects arefunded through donororganizations and countries.
Donor countries include, the
EU;  Nordic countries; the UK;the US and Japan.
There are two types of CITES
projects.  "Administrative
projects" include, inter alia :
those related to the funding ofparticipants to CITES COPs or
other meetings;  technical
assistance (e.g., support in thedevelopment of CITES-relatedlegislation);  training; and the
provision of information
(published and electronic).
"Species" projects are those that
fund scientific research related
to a particular animal or plantspecies (e.g., status survey,management and conservation
of the African grey parrot in
one or more countries).Article XIII
When the Secretariat receives
information that a species inAppendix I or II is being adverselyaffected by trade in that species, or
that the provisions of the Convention
are not being effectivelyimplemented, it shall communicatethis information to the authorizedManagement Authority of the Party
or Parties concerned.  When a Party
receives this communication it shallinform the Secretariat of any relevantfacts and where appropriate, propose
remedial action.  Where the Party
considers an inquiry to be desirable,such inquiry shall be carried out byperson(s) authorized by the Party.
The information provided by the
Party, or by the inquiry, shall bereviewed at the next COP which maymake any recommendation it deems
appropriate.
The Standing Committee meets
regularly to discuss a range of issues
related to the Convention, and there
are times when the CITES Secretariatbrings before it information on illicittrade problems.  It is the COP,
however, that regularly reviews and
takes decisions on infractions of theConvention.
For the past 15 years, decisions of the
CITES COPs and StandingCommittee have been used torecommend the suspension of trade
with countries that refuse, after prior
warning, to comply with theArticle XVIII
The Parties are first
subject tonegotiation in theevent of a dispute.
However, if the
dispute cannot beresolved throughnegotiation,  Partiesmay, by mutual
consent, submit the
dispute toarbitration(Permanent Court of
Arbitration at the
Hague).  Partiesshall be bound bythat decision.
No disputes to date.Article X
Where export or
re-export is to, or
import is from, a Statenot a Party to the
present Convention,
comparabledocumentation issuedby the competentauthorities in that
State which
substantiallyconforms with therequirements of the
present Convention
for permits andcertificates may beaccepted in lieu
thereof by any Party.
Resolution Conf. 9.5
(1994) addresses in
detail trade with
States not party to theConvention.The following non-
parties have provided
the informationrequested byResolution Conf. 9.5
(that is, proof that
comparabledocumentation isbeing issued by
competent
authorities):  Albania;Angola;  Bahrain;Cook Islands;
Democratic People’s
Republic of Korea;WT/CTE/W/160/Rev.1
Page 15Name of
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parties
are prohibited for trade forcommercial purposes (there arelimited exceptions to this such as
captively bred species, ranching
and use for scientific research, seeArticle VII).
The test for exceptions is:  will
trade be detrimental to the survivalof the species?  Export and importpermits are required for exceptions.
Article IV
Species in Appendix II may
become threatened with extinction
unless their trade and the trade in
species that resemble them issubject to strict regulation;  trade inAppendix II species is regulated by
the issue of export permits which
are subject to both a finding of non-detriment and legal acquisition.  InAppendix II, the granting of importpermits is not a condition (except
for some countries with stricter
measures under Article XVI).
Article V
Appendix III covers species
identified by an individual Party asbeing subject to regulation withinits jurisdiction and for which it
requests the cooperation of other
Parties in the control of trade.
Article VI
Regulates permits and certificates
for import and export permitsrequired under Articles III, IV andV.Convention’s provisions.  General
trade suspension recommendationshave been made against El Salvador,
Italy, Greece, Grenada, Guyana,
Senegal and Thailand.  Strictshipment controls have beenrecommended with regard to Bolivia.
Trade suspension for particular
species have been made againstdozens of countries.  The criteria forrecommending a suspension of trade
are:  (a) the presence of significant
trade; and (b) the absence of domesticmeasures to enforce the provisions ofthe Convention as required by Article
VIII.  The practice of proposing trade
sanctions has worked well inobtaining the enactment of nationallegislation related to the Convention
and the submission of required
reports.
Parties can request and receive
assistance from the CITES Secretariat
at any time to enact appropriate
legislation or prepare requiredreports.  Once compliance has beenobtained, the relevant trade
suspension recommendation is
withdrawn.  Overall the practice ofusing trade suspensionrecommendations to bring about
compliance with the Convention has
never been challenged.  A proposeddecision by the Parties at COP11would extend trade suspension
recommendations to those countries
that fail to submit annual nationalreports, as required by Article VIII(7)(a), for three consecutive years.Haiti;  Ireland;
Kiribati;  Lebanon;Lithuania;
Marshall Islands;
Federated States ofMicronesia; Niue;Oman;  Palau;  Qatar;
Solomon Islands;
Tonga;  Turks andCaicos Islands;Tuvalu;  and the
Federal Republic of
Yugoslavia.
The amendment to
allow the EC to
become a CITESParty has not beenratified by
a 2/3 majority of
Parties.
China is a Party to
CITES.  Hong Kong,
China, however, has
its own CITESManagementAuthority and
Scientific Authority.
According to the
CITES Secretariat key
non-parties include:
Angola (significant
trade); Laos;  Arab
Gulf States;  and the
small islanddeveloping states inOceania.WT/CTE/W/160/Rev.1
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parties
Article VII
Lists the Exemptions and Other
Special Provisions Relating to
Trade.  This Article provides all the
exceptions to the prohibitions oftrade in endangered species listedin the three appendices.
Article VIII
Parties shall take appropriate
measures to enforce the provisions
of the present Convention and to
prohibit trade in specimens inviolation of the Convention.
Article XIV - allows for Parties to
take stricter domestic measures.
Appendix II does not require animport permit but many OECDcountries have instituted a system
of import permits for trade in
certain species and in someinstances, with species listed inAppendix III.
There are three management quota
systems provided for in CITESwhich are determined by the COP.Under the first system, some
countries have the right to export a
limited number of Appendix Ispecies for non-commercial uses(e.g. the leopard).  Under the
second system, species have been
transferred from Appendix I to II,subject to annual quotas which limittrade in the specimen on a country-
by-country basis.  Examples from
COP Resolutions include:
Resolution Conf 8.11  - trade in
cloth and wool from Vicuña.WT/CTE/W/160/Rev.1
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Resolution Conf 10.10 - trade in
Elephant Specimens – limited ivorytrade between Zimbabwe,
Botswana and Namibia (where
elephants were down listed toAppendix II) to Japan.  There is aquota based on stockpiles.
Resolution Conf 10.14  - quotas for
leopard skins.
Countries establish their own
quotas on species in the thirdsystem.  An example of this is thequota for sturgeons under
Resolution Conf. 10.12 .  New
states are joining CITES due to thelisting of the sturgeons inAppendix II.WT/CTE/W/160/Rev.1
Page 18IV. CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES
Name of
MEA, date of
adoption and
objectiveInformation on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Convention on
the
Conservation ofAntarcticMarine Living
Resources
(CCAMLR),1980.
The aim of the
Convention is
to conservemarine life.This does not
exclude
harvesting aslong as suchharvesting and
associated
activities arecarried out inaccordance
with
"ecosystem"conservationprinciples set
out in Article II
of theConvention.CCAMLR has
30 Contracting
Parties:
Argentina
Australia
BelgiumBrazilChileEC
France
GermanyIndiaItaly
Japan
Korea, Rep. ofNamibiaNew Zealand
Norway
PolandRussian
Federation
South Africa
SpainSwedenUkraine
UK
USand Uruguay
28 Parties to
CCAMLR arealso WTOMembers.
States that have
ratified theConvention, but
are not
CommissionThe Convention does not contain
trade measures, but trade-related
measures have been adopted in thefollowing Conservation Measuresthat are binding to Contracting
Parties.
Conservation Measure 118/XVII
The "Scheme to Promote
Compliance by Non-Contracting
Party Vessels with CCAMLR
Conservation Measures" prohibitsParties from allowing the landing ortransshipment of fish from the
vessel of a non-Contracting Party
sighted  engaging in fishing
activities within the ConventionArea, and therefore presumed to be
undermining the effectiveness of
CCAMLR Conservation Measures,unless the vessel has been inspectedby authorized Contracting Party
officials and can establish that the
fish were caught outside theConvention Area or in compliancewith all relevant CCAMLR
Conservation Measures and
requirements under the Convention.
Conservation Measure 119/XVII
Requires Contracting Parties to
prohibit its flag vessels from fishingin the Convention Area unlesslicensed or permitted to do so.  The
licence should be carried on board
and must include conditions oftimely notification of port entry andexit and movement between sub-
areas or divisions, reporting of
catch data and operation of anNo provisions. Article XXI
1.  Parties shall take appropriate
measures within its competence toensure compliance with theprovisions of this Convention and
with conservation measures adopted
by the Commission to which the Partyis bound in accordance withArticle IX.
2.  Parties shall transmit to the
Commission information on measurestaken pursuant to paragraph 1 above,including the imposition of sanctions
for any violation.
3.  The CCAMLR System of
Inspection has been in operation since
1989.  Inspections of fishing and
fisheries research vessels ofCCAMLR Flag States are beingcarried out regularly by CCAMLR
Inspectors designated by Members.
In December 2000, the Commissionestablished the Standing Committeeon Observation and Inspection
(SCOI), that will consider and prepare
advice to the Commission in almatters related to inspectionsundertaken and steps taken by
member to enforce compliance with
Conservation Measures.Article XXV
1.  If any dispute
arises between two or more of theContracting Parties
concerning the
interpretation orapplication of thisConvention, thoseContracting Parties
shall resolve the
dispute bynegotiation, inquiry,mediation,
conciliation,
arbitration, judicialsettlement or otherpeaceful means of
their own choice.
2.  An unresolved
dispute will, with
the consent of all
Parties to thedispute, be referredfor settlement to the
ICJ or to arbitration.
Failure to reachagreement onreference to the ICJ
or to arbitration
shall not absolve
Parties to thedispute from the
responsibility of
continuing to seekto resolve it by anyof the various
peaceful means in
paragraph 1.The Contracting
Parties, realizing
that ConservationMeasure 170/XVIIIwould be most
effective if non-
parties agree toparticipate had theCommission drawup an Explanatory
Memorandum  and
a Policy to Enhance
the Cooperation
between CCAMLR
and non-
Contracting Parties .
Non-parties are
urged to cooperate
with CCAMLR, asthey may importtoothfish caught in
the CCAMLR
Conservation Areaor provide ports andlanding facilities to
vessels which may
have been illegallyfishing for toothfish.WT/CTE/W/160/Rev.1
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Members:
Bulgaria
Canada
FinlandGreecePeru and
The Netherlands
Any State which
has acceded to
the Convention is
entitled tobecome aMember of the
Commission if it
is activelyconductingresearch or
harvesting in the
Convention Area.An AccedingState wishing tobecome a
Member must
submit astatement to theAustralian
Ministry of
Foreign Affairsand Trade settingdown the basis
upon which it is
seeking toparticipate in thework of the
Commission.automated satellite-linked vessel
monitoring system (VMS).  Anyinfringement of these conditions
discovered upon port arrival,
departure or upon inspection in anEEZ are to be investigated and dealtwith in accordance with national
legislation
Conservation Measure 170/XVIII
Adopted November 1999 and came
into force on 7 May 2000.  This
measure establishes CatchDocumentation Scheme whichtracks the landings and trade flows
of toothfish
(Dissostichus spp.) caught in theConvention Area and wherepossible, adjacent waters.
Contracting Parties are required to
ensure that:(i)  Each of their flag vesselslicensed to harvest toothfish shallbe accompanied by a completed
catch document, confirmed by the
Flag State, for each catch landed ortranshipped;  (ii)  each shipmentthat is transhipped to their flag
vessels is accompanied by a
completed catch document,confirmed by the Flag State;  and(iii)  each shipment imported into
their territory is accompanied by an
export-validated toothfish catchdocument.3.  In cases where
the dispute isreferred to
arbitration, the
arbitral tribunalshall be constitutedas provided in the
Annex to this
Convention.
To date,Contracting Parties
have not had a
dispute concerningthe interpretation orapplication of the
Convention which
would requirean arbitral tribunalto be established.
No disputes to date.WT/CTE/W/160/Rev.1
Page 20V. MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
Name of
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objectiveInformation on
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membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Montreal
Protocol on
Substances thatDeplete theOzone Layer,
1987, and its
Amendments.
The Montreal
Protocol
develops a
regime thatlimits therelease of
ozone-depleting
substances(ODS) into theatmosphere.There are 175
Parties to the
MontrealProtocol.
There are 3  WTO
Members that arenot party to theProtocol:
Guinea Bissau
RwandaSierra Leone
The Parties to the
Amendments tothe Protocol are:
London
Amendment(1990):  145
Copenhagen
Amendment(1992):  120
Montreal
Amendment(1997):  56
Beijing
Amendment(1999):  6Article 4
The measures are directed against
non-parties.  These measures are asfollows:
(a)  Control of trade in ODS with
non-parties:
(i)  Annex A substances:import from non-partiesbanned from January 1990,
export banned from January
1993;(ii)  Annex B substances:import and export banned from
August 1993 for non-parties to
the London Amendment;(iii)  Annex C – Group II -HBFCs:  import and export
banned from June 1995 for
non-parties to the CopenhagenAmendment.(iv)  Annex C Group I
hydrochlorofluorocarbons
(HCFCs):   import and exportban with non-parties to theBeijing Amendment from
1 January 2004.
(v)  Annex C Group III:Import and export ban withnon-parties to the Beijing
Amendment within one year
from the date of entry intoforce of the BeijingAmendment.
(b)  Control of trade in ODS
products with non-parties:
Import of products (listed in
Annex D) containing Annex AThe London Amendment
under Article 10
Established a Multilateral Fund
for incremental costs.  TheFund has disbursed nearly
US$1 billion to 120 developing
countries for the purpose ofinstitutional strengthening,training, project preparation,and implementation of
investment projects.  The Fund
has the obligation to meet allthe agreed incremental costs ofdeveloping countries for
implementing the control
measures.  An indicative list ofagreed incremental costsapproved by the MOP IV was
established in 1991 (permanent
in 1992).  The three-year initialbudget for 1991-93 wasUS$240 million and the budget
was replenished in 1993, 1996
and 1999.
As of 2000, the fund has
financed more than 2,000
projects in developing countriesto meet the costs of changingfrom CFC technologies to more
ozone-friendly technologies.
Also, developing countries havereceived assistance forinstitutional strengthening and
technical advice to help them
reduce their use of ODS.Article 8
In 1990 MOP II adopted
non-compliance procedures andestablished anImplementation Committee.  The
functions of the Committee are to
receive, consider and report on anysubmission made by one or moreParties and any information orobservations forwarded by the
Secretariat in connection with the
preparation of a report referred to inArticle 12 of the Protocol.  Afterreceiving a report by the Committee,
the Meeting of the Parties may, taking
into consideration the circumstancesof the case, decide upon and call forsteps to bring about full compliance
with the Protocol, including measures
to assist a Party's compliance and tofurther the Protocol's objectives.
The Multilateral Fund, contributed to
by the developed countries, meets allthe agreed incremental costs of alldeveloping countries to implement
the control measures.  Parties having
difficulties meeting their obligationsunder the Protocol have notified theMOP under self-reporting provision
of the procedure.  In 1995,
five countries with economies intransition jointly self-reported theirforeseeable failure to comply with the
Protocol's control measures.Article 11 of the
Vienna
Convention for theProtection of theOzone Layer
applies to the
Montreal Protocoland its amendmentsfor disputesettlement.  In the
event of a dispute,
Parties are:
1.  To first seek a
solution by
negotiation;
2.  if an agreement
is not reached by
negotiation, theymay jointly seek thegood offices of, or
request mediation
by a third party;
3.  for those
disputes not
resolved inaccordance withnegotiation or
mediation, a Party
may declare that itaccepts one or bothof the following
means of dispute
settlement ascompulsory:(a)  Arbitration in
accordance with
procedures adoptedArticle 4 (8)
Trade restrictions do
not apply if a
non-party is incompliance with the
Protocol.
Article 4 (8) states:"Notwithstanding theprovisions of thisArticle, imports and
exports referred to in
paragraphs 1 to 4 ter
of this Article may bepermitted from, or to,
any State not Party to
this Protocol, if thatState is determined,by a meeting of the
Parties, to be in full
compliance withArticle 2, Articles 2Ato 2E, Articles 2G and
2H and this Article,
and have submitteddata to that effect asspecified in
Article 7".WT/CTE/W/160/Rev.1
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substances banned from May1992;
It was decided at MOP V that it
was not feasible to ban or restricttrade in products made with, butnot containing Annex A
substances.
Parties also decided that products
containing Annex B and Annex C,
Group II, substances or products
made with, but not containing theAnnex C, Group II substances willnot be listed.
(c)  Exports of ODS-technologies:
Parties to discourage "to the fullestpracticable extent", export of
technology for producing of ODS;
however, there are exceptions forHCFCs and for equipment ortechnology to recycle ODS.
MOP IX introduced, through the
Montreal Amendment (not yet inforce), inter alia , trade controls for
methyl bromide (Annex E) with
non parties:
-  From November 2000, each
Party shall ban the import, and after
November 2000, the export, of
methyl bromide from any State notParty to the Montreal Amendment.
-  Parties are to discourage the
export of technology for producingor for utilizing methyl bromide tonon-parties.
-  Each Party shall refrain from
providing any assistance for theThe allocations so far have been
as follows:  Period Amount(US$ in Millions):
1991 to 1993:  $240
1994 to 1996:  $4551997 to 1999:  $465
2000 to 2002:  $440
The GEF also provides funds to
countries with economies in
transition.  There are a number
of GEF-eligible countries thatare Parties to the Protocol,where the production or
consumption of ODS is too high
to qualify for support under theMultilateral Fund.  These aremainly countries in Central and
Eastern Europe, and the former
Soviet Union.  The samecriteria apply for the funding ofozone projects under the GEFas under the Multilateral Fund.
The GEF has allocated US$148
million for 14 such countries.
Technology Transfer under
Article 10A occurs under fair
and most favourable conditions.
Nearly 2500 projects are being
implemented in developing
countries to shift their use tonon-ODS substances.by the COP at its
first meeting;  or(b)  submission of
the dispute to the
ICJ
If the Parties have
not accepted the
same or anyprocedure, thedispute shall be
submitted to a
conciliationcommission whichis created upon the
request of one of the
Parties to thedispute.  Thiscommission shall be
composed of an
equal number ofmembers appointedby each Partyconcerned and a
chair chosen jointly
by the membersappointed by eachParty.  It shall
render a final and
recommendatoryaward, which theParties shall
consider in good
faith.
There have been no
disputes to date.
Decisions arereached byconsensus.WT/CTE/W/160/Rev.1
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export to non-parties of anyequipment or technology thatwould facilitate production of
methyl bromide.
• Recent trade-related decisions
from MOP XI include:
Three further adjustments, relating
to control and gradual phase-out of
production by developed countries
of CFCs, (chlorofluorocarbons),halons, other fully halogenatedCFCs and methyl-bromide (Annex
A, B and E substances) for basic
domestic needs of developingcountries
The Beijing Amendment to the
Montreal Protocol shall enter intoforce on 1 January 2001, providedthat at least 20 instruments of
ratification of the Amendment have
been deposited, or on the 90th dayfollowing the date on which therequired number of ratifications
have been reached.  Under the
Protocol, HCFCs are to be phasedout in developed countries by 2030and in developing countries
by 2040.
The Beijing Amendment to the
Protocol will also ban trade in
HCFCs with countries that have not
yet ratified the CopenhagenAmendment (1992), whichintroduced the HCFC phase out.
The Beijing Amendment also
requires developed countries tofreeze the production of HCFCs in2004 at 1989 levels (measured asthe average of consumption andWT/CTE/W/160/Rev.1
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production levels) and developingcountries to do so in 2016 with asimilar baseline of 2015.
Production of 15 per cent above
baseline will be permitted to meetthe "basic domestic needs" ofdeveloping countries.  In addition,
the production of a recently
developed ozone-depletingchemical, (bromochloromethane,which is a controlled substance in a
newly created Group III of Annex
C) is to be completely phased outin all countries by 1 January 2002.WT/CTE/W/160/Rev.1
Page 24VI. BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL
Name of MEA,
date of
adoption and
objectiveInformation
on
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parties
Basel Convention
on the Control of
TransboundaryMovements ofHazar dous
Wastes and their
Disposal, 1989.
This treaty
strictly regulates
the transboundary
movements ofhazar dous wastes.
Parties are
obliged to ensure
that such wastesare managed anddisposed of in an
environmentally
sound manner.There are
146 Parties to
the BaselConvention.
22 WTO
Members arenot party toBasel:
Angola
Brunei  DarussalamCentral African
  Republic
ChadDjiboutiFuji
Gabon
GhanaGrenadaGuinea Bissau
Haiti
JamaicaKenyaLesotho
Myanmar
RwandaSolomon  Islands
Suriname
SwazilandTogoUS
Zimbabwe
25 Parties have
ratified the Ban
Amendment
(1995)Article 4
Article 4.1(a) - Parties can exercise
their right to ban import ofhazar dous waste;
Article 4.1(b) - Parties are obliged
to prohibit export of covered waste
to Parties that have banned suchimports;Article 4.1(c) - for wastes notspecifically prohibited by the
importing state, Parties will
prohibit export of wastes ifimporting country has notconsented in writing to the specific
import;
Article 4.2(e) - a Party shallprevent the export of hazar dous
waste if it has reason to believe that
the waste will not be managed in an
environmentally sound manner;Article 4.5 - prohibits trade incovered waste with non-parties
(no imports/exports);
exception Article 11 – non-partiescan trade in hazardous waste iftransboundary movements are
subject to another appropriate
bilateral/multilateral or regionalagreement;Article 4.6 - exports of hazar dous
waste prohibited for disposal in the
area of 60° south latitude(Antarctica);Article 4.7 - packaging, labelling
and transport requirements for
hazar dous wastes.
Article 6
The state of export must obtain
prior informed consent from theUNEP administers two trust
funds for Basel:
1.  A fund for the
implementation of the
Convention where funds are
based on the UN scale ofassessment and;
2.  A technical cooperation fund
to assist developing countries
and other countries in need ofassistance to implement theConvention.  Parties decide on
the level of contribution for this
fund. Other financial resourcescome from bilateral assistanceprogrammes among Parties.
Basel has no specific financial
mechanism to facilitatetechnology transfer.  This is
problematic, as there is a lack of
funds. For example, theTechnical Cooperation TrustFund to assist developing
countries only had a budget of
US$600,000 for 1997/8.Further development andconsolidation of the operation
of the regional and sub-regional
centres for training andtechnology transfer will providefor future assistance in these
areas.
Capacity building (training and
information management) is
also carried out by Parties and
the Secretariat.  There areNo cases of non-compliance to date.
The cases thus far have not
necessitated a mechanism.  However,there have been some bilateraldiscussions regarding notification
problems.
Parties are working towards
developing a compliance mechanismthat should be non-confrontational,
transparent, cost-effective,
preventative in nature as well asflexible.  One of the main items underconsideration by the Legal Working
Group concerns the composition and
tenure of the body to administer acompliance mechanism.Article 20
Parties are to seek
the settlement of thedispute throughnegotiation or any
other peaceful
means of theirchoice.   If this isunsuccessful and ifthe Parties to the
dispute agree, the
dispute is to besubmitted to:
(1)  The ICJ;  or
(2)  arbitration in
accordance with theprovisions inAnnex VI.
A Party may
declare that itrecognizes ascompulsory the
submission of the
dispute to either theICJ or arbitration.If the two Parties in
the dispute have
chosen differentmethods of disputesettlement, there is
still an ongoing
responsibility tocontinue to seekresolution through
negotiation.
In the event thatarbitration is thechosen method, the
tribunal is to draw
up its own rules ofArticle 11
Parties can consent to
transboundarymovements with non-parties provided the
provisions in the
Convention are met.
There is a potential
incompatibility with
the Basel Ban
Amendment andArticle 11.  Will non-Annex VII countries
be allowed to trade
with Annex VIIcountries under abilateral agreement?
One Party affirmed
its position thatParties have a right to
undertake Article 11
arrangements withStates not listed inAnnex VII.
However, other
Parties have differentviews.
The EU has passed a
law applicable to itsMember States thatdoes not allow the
use of Article 11 in
reference toAnnex VII countries.WT/CTE/W/160/Rev.1
Page 25Name of MEA,
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parties
The Ban
Amendment hasto be ratified by
¾ of the Parties
present at theadoption of theBan to enter
into force.
21 WTO
Members have
ratified the Ban
Amendment:
Austria
Bulgaria
Czech Re public
EcuadorDenmark
EC
FinlandLuxembourgNorwayPanama
Paraguay
PortugalSlovakiaSpain
Sri Lanka
SwedenThe NetherlandsTrinidad &
Tobago
TunisiaUKUruguayimporter.
Article 8
There is a duty to re-import if
waste cannot be disposed of in anenvironmentally sound manner.
The Amendment to the Basel
Convention (1995)  is a decision
made at COP 2 to ban movement ofhazar dous waste headed for final
disposal and for recovery from
Annex VII countries (Parties andother States which are members ofthe OECD, EC, Liechtenstein).
At COP 4, there was a discussion
concerning other countries whichwanted to join Annex VII.  These
countries are Monaco, Slovenia and
Israel.  However, it was decided towait and see how the ban wasfunctioning and to leave Annex VIIunchanged until it is in force.  Then
a decision can be made whether to
close Annex VII or to have opencriteria.  This issue was againraised by other Parties at COP 5.
Trade measures within COP
decisions are Annex VIII and IX ofthe Convention, decided upon at
COP 4.  Annex VIII and IX clarify
what is and what is not consideredto be hazar dous waste.  Non-
hazar dous material is listed in
Annex IX (list B) wastes.  Many of
the recyclable materials such ascopper, zinc (and their products)and other precious metals are in
Annex IX and are not considered
hazar dous unless they have beenlimited funds for
capacity building.
However, with the recent
adoption of the Basel
Declaration on
Environmentally Sound
Management  efforts will
increase to assist Parties tominimize generation of wastesand to manage wastes generated
in an environmentally
sound manner.  Parties agreedto provide US$300,000 per yearover a three-year period (2000-
2002) to initiate activities for
the implementation of the BaselDeclaration.procedure and
render its decisionin accordance with
international law
and with theprovisions of theConvention.   It
may take all
appropriatemeasures toestablish the facts
of the dispute and
shall render adecision within aspecified time limit.
The award of the
arbitral tribunalshall beaccompanied by a
statement of
reasons and be finaland binding on theParties to thedispute.
There have been no
disputes todate.WT/CTE/W/160/Rev.1
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contaminated.  Further clarificationis needed for some wastes, such aslead acid and zinc ashes (as these
would be hazar dous waste under
Basel).
At COP 5, The Basel Declaration
on Environmentally Sound
Management  was adopted.  This
Declaration outlines the activities tobe undertaken to achieve the
objectives of the practical
implementation of environmentallysound management:  prevention,minimization, recycling, recovery
and disposal of wastes subject to
the Convention.
The Protocol on Liability and
Compensation for Damage
resulting from TransboundaryMovements of Hazardous Wastes
and their Disposal was also
adopted and opened for signature.
The Protocol will enter into force
once 20 Parties ratify it.  ThisProtocol is to provide for acomprehensive regime for liability,
as well as adequate and prompt
compensation for damage resultingfrom the transboundary movementof hazar dous wastes and other
wastes, including incidents
occurring because of illegal traffic.At COP 6, Parties agreed to re-evaluate the financial limits to strict
liability in this Protocol.WT/CTE/W/160/Rev.1
Page 27VII. CONVENTION ON BIOLOGICAL DIVERSITY
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Convention on
Biological
Diversity(CBD), 1992.
The goal of this
treaty is theconservation ofbiologicaldiversity, the
sustainable use
of itscomponentsand the fair and
equitable
sharing of thebenefits arisingout of the
utilization of
geneticresources.There are 180
Parties to the
CBD.
There are 4
Parties to the
WTO that are notParty to the CBD:
Brunei
  Darussalam
Kuwait (signed,  but not ratified)Thailand (signed
but not ratified)
US (signed, but  not ratified)The text of the Convention does not
explicitly refer to trade measures.
Nor does the Convention generallyprescribe specific measures.  Theprovisions of the Convention, with
a few exceptions, set goals.  The
specific measures required toachieve these goals are largely theprerogative of the Parties.
Article 8(j)
Parties, subject to their national
legislation,, shall, as appropriate,respect, preserve and maintain
knowledge, innovations and
practices of indigenous and localcommunities relevant for theconservation and sustainable use of
biological diversity ad encourage
the equitable sharing of benefitsfrom the holders of suchknowledge;
Article 10(b)
Provides that Parties shall "[a]dopt
measures relating to the use of
biological resources to avoid or
minimize adverse impacts onbiological diversity";
Article 15
Establishes a basis for the regime
use of genetic resources based onthe fair and equitable distribution of
their use.  This access shall be
subject to prior informed consent ofthe Party.  Parties shall also takelegislative, administrative or policy
measures in accordance withThe CBD contains provisions
addressing: transfer of
technology (Articles 16and 19);  market incentives(Articles 10 and 11);  capacity
building (Articles 12 and 18);
financial support forimplementing the Convention(Articles 20 and 21);  as well asparticipating in its decision-
making (e.g. decision IV/17,
Table 4, Special VoluntaryTrust Fund for the FacilitatingParticipation of Parties in the
Convention Process for the
Biennium 1999-2000);awareness raising (Article 13);scientific and technical
co-operation (Article 18);
research and training (Article12);  exchange of information
(Article 17);  sustainable use of
biological diversity (Article
10);  and incentive measures(Article 11).
The financial mechanism for
the CBD is the GEF.  In total,the GEF has approvedbiodiversity projects amounting
to over US$ 600 million.The CBD does not have a
compliance procedure.  Formal
assessment of Parties or non-partiescompliance has not occurred.
Article 26
Requires Parties to present to the
COP, reports on measures whichthey have taken to implement theCBD's provisions and their
effectiveness in meeting its
objectives.  The first nationalreports were dueon 31 December 1998.  By the end
of 1999 the Secretariat had received
112 reports from Parties and onereport from a non-party.Article 27
In the event of a
dispute betweenParties they shallseek a solution by
negotiation.  If they
are unable to reachagreement, theymay jointly seekmediation by a
third party.
A Party may makea writtendeclaration to the
Convention's
Depositaryaccepting acompulsory dispute
resolution by
arbitration, by theICJ or both, whennegotiation or
mediation have
failed.  Either ofthese judicialprocedures is
intended to lead to
a binding decision.The procedures forarbitration are set
out in Part 1 of
Annex II.  In theevent of a conflictbetween two
Parties, the arbitral
provisions providefor the standardthree-member
panel, as describedThere are no
Articles that deal
directly with therights of non-parties.According to the
CBD Secretariat, in
practice, however,as meetings of theConvention are opento non-parties and
decisions are taken
by consensus, theyenjoy the same rolein the decision-
making processes of
the CBD as Parties.
One non-party has
submitted a report
on measures takento implement theCBD.WT/CTE/W/160/Rev.1
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Articles 16 and 19, with the aim ofsharing in a fair and equitable waythe results of research and
development and the benefits
arising from the commercial andother utilization of geneticresources with the Party providing
the resources.  Such sharing will be
on mutually agreed terms
Article 16
16(2)  Access to technologies to
developing countries will facilitatedunder fair and most favourableterms, including on concessional
and preferential terms.  In the case
of technology subject to patents andother intellectual property rights,the access and transfer will be
consistent with adequate and
effective protection of intellectualproperty rights.16(3) Parties shall also takelegislative, administrative or policy
measures with the aim of providing
Parties, especially developingcountries which have providedgenetic resources, with access to,
and transfer of, technology which
makes use of those resources, onmutually agreed terms.  Thisincludes technology protected by
patents and other intellectual
property rights, as necessary.
Article 19
Parties shall take measures to
advance priority access on a fairand equitable basis to the Party thatprovided the genetic resource, of
the results and benefits arising from
biotechnologies based on thatgenetic resources.under the
Montreal Protocoland the
Basel Convention.
If more Parties areinvolved, Parties"in the same
interest" are to
nominate a"common"arbitrator.  If the
dispute is taken to
the ICJ, the Statutesof the ICJ apply tothe procedures.
If the dispute is not
submitted toarbitration or theICJ because either
the Parties have not
chosen a procedure,or each has chosena differentprocedure, the
dispute must be
submitted toconciliation.Conciliation does
not lead to a
binding decision,unless the Partiesagree otherwise,
but the proposals
for resolution of thedispute mustconsider in good
faith.  The
procedures for thefive-memberconciliation
commission are set
out in Part 2 ofAnnex II.WT/CTE/W/160/Rev.1
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19(3) requires Parties to considerthe need for a protocol on biosafety.
Article 22
The provisions in the CBD shall not
affect the rights and obligations ofany Party deriving from existing
international agreements, except
when those rights and obligationswould cause serious damage to, orthreaten biological diversity .No disputes to date.WT/CTE/W/160/Rev.1
Page 30VIII.  CARTAGENA PROTOCOL ON BIOSAFETY
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parties
Cartagena 
Protocol on
Biosafety,2000.
A protocol to
the CBD,which has as itsobjective theaim of ensuring
an adequate
level ofprotection inthe field of safe
transfer,
handling anduse of LMOsthat may have
adverse effects
on theconservationand sustainable
use of
biologicaldiversity,taking into
account risks to
human health.The Protocol was
adopted on 29
January 2000.   
There are 100
signatories to the
Protocol.  It willenter into forceafter 50 countrieshave ratified it.
There are three
Parties to theProtocol:
Bulgaria
NorwayTrinidad &
  Tobago
These countries
are also WTO
Members.The preamble:
• Trade and environment
agreements should be mutually
supportive;
• The Protocol does not imply a
change in the rights andobligations of a Party underexisting international
agreements (including the
WTO); and
• The intent is not to subordinate
the Protocol to otherinternational agreements.
Article 2(4)
Parties can take more protective
actions for the conservation andsustainable use of biological
diversity than that called for in the
Protocol, provided that such actionis consistent with the objective andthe provisions of the Protocol and is
in accordance with that Party's other
international law obligations.
Article 7
Lays out the  Advanced Informed
Agreement (AIA) procedure which
shall apply for the first internationaltransboundary movement of a LMOinto the environment of the Party of
import.  The AIA procedure is
outlined in Articles 8 to 10 and 12.The procedure in Article 11 shallapply prior to the first
transboundary movement of LMOs
intended for direct use as food orArticle 22
Explains that Parties shall
cooperate in the developmentand/or strengthening of humanresources and institutional
capabilities in biosafety for the
purpose of effectiveimplementation of the Protocolin developing country LDCParties, small island developing
states and economies in
transition.
Article 28
States that the financial
mechanism of the Protocolshall be the same institution asthe Convention, the GEF.Article 34
The first MOP shall consider and
approve cooperative procedures andinstitutional mechanisms to promotecompliance with the provisions of
this Protocol and to address cases of
non-compliance.Article 32
The dispute
settlementprovisions of theCBD in Article 27
apply to the
Protocol.Article 24(1)
Allows Parties to
enter into otherbilateral or regionalagreements which
are consistent with
the objective of theProtocol.Parties shallencourage
non-parties to
adhere to theProtocol as well asto contribute the
appropriate
information to theBiosafety Clearing-House on LMOs
released in, or
moved in and out oftheir nationaljurisdiction.WT/CTE/W/160/Rev.1
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feed, or for processing.  The AIAshall not apply for living modifiedpharmaceuticals which are
addressed by other international
agreements or organizations, norwill it apply to LMOs in transit orfor contained use.
Article 8
Details that the Party of export shall
notify, or require the exporter to
ensure written notification to the
competent national authority of theParty of import prior to the firstintentional transboundary
movement of an LMO into the
environment of the Party of import.The notification shall contain, at aminimum, the information specified
in Annex I.
Article 9
Requires that the Party of import to
acknowledge the receipt of the
notification in writing within
90 days, the procedure specified inArticle 10.  However, a failure bythe Party of import to acknowledge
receipt of a notification shall not
imply its consent to an intentionaltransboundary movement.
Article 10
Decisions taken by the Party of
import shall be in accordance withthe risk assessment under Article
15.  The Party of import shall,
within the period of time referred toin Article 9, inform the notifier, inwriting, whether the intentional
transboundary movement may
proceed only after the Party ofWT/CTE/W/160/Rev.1
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import has given its writtenconsent;  or after no less than 90days without a subsequent written
consent.
The importing Party shall
communicate in writing within 270days to the notifier and the
Biosafety Clearing-House its
decision (and the reasons uponwhich the decision was made) andmay:  approve the import;  prohibit
the import;  request additional
information;  or extend the time-period.
The lack of scientific certainty due
to insufficient relevant scientificinformation and knowledgeregarding the extent of the potential
adverse effects of a LMO on the
conservation and sustainable use ofbiological diversity in the Party ofimport, taking also into accountrisks to human health, shall not
prevent that Party from taking a
decision, as appropriate, withregard to the import of the LMO inquestion, in order to avoid or
minimize such potential adverse
effects.
Article 11
Lays out the procedure for LMOs
intended for direct use as food orfeed, or for processing.A Party that makes a final decision
regarding domestic use of an LMO
intended for direct use as food orfeed, or for processing, that may besubject to transboundary movement
shall, within 15 days of making that
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the Biosafety Clearing-House.A Party may take a decision on theimport of an LMO intended for
direct use as food or feed, or for
processing, under its domesticregulatory framework, consistentwith the objective of this Protocol.
A developing country or economies
in transition, in absence of adomestic regulatory framework,may declare through the Biosafety
Clearing-House that its decision
prior to the first import of an LMOfor direct use as food, feed or forprocessing will be taken according
to the following:  a risk assessment
in accordance with Article 15 andthat the decision will take placewithin 270 days.
A failure by a Party to
communicate its decision shall notimply its consent or refusal to theimport of a LMO intended for
direct use as food or feed, or for
processing.
The lack of scientific certainty due
to insufficient relevant scientific
information and knowledgeregarding the extent of the potentialadverse effects of a LMO on the
conservation and sustainable use of
biological diversity in the Party ofimport, taking also into accountrisks to human health, shall not
prevent that Party from taking a
decision, as appropriate, withregard to the import of that LMOintended for direct use as food or
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adverse effects.
Article 12
Explains that a Party of import,
may, at any time, when there is newscientific information on potentialadverse effects on biological
diversity, taking into account the
risks on human health, review andchange a decision regarding theinternational transboundary
movement of an LMO.  A Party of
export may also request the Party ofimport to review a decision it hasmade under Article 10 if there is a
change of circumstance that may
influence the outcome of the riskassessment on which the originaldecision was based;  or if additional
scientific or technical information
becomes available.  The Party ofimport may require a riskassessment for subsequent imports.
Article 13
Allows for a simplified procedure
for transboundary movement ofLMOs in accordance with the
objective of  the Protocol and the
Party of import notifies in advanceto the Biosafety Clearing-Housethat:
• Intentional transboundary
movement to it may take place
at the same time as themovement is notified to theParty of import;  and
• imports of LMOs to it are to be
exempted from the advance
informed agreement
procedure.WT/CTE/W/160/Rev.1
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Article 14
Allows Parties to enter into other
bilateral or regional agreements
consistent with the objectives of the
Protocol as long as this does notresult in lower protection than thatof the Protocol.  Parties shall inform
each other of these arrangements
through the Biosafety Clearing-House.
Article 15
Explains that a risk assessment
shall be carried out in ascientifically sound manner, in
accordance with Annex III.  Such
risk assessments shall be based, at aminimum, on information providedin accordance with Article 8 and
other available scientific evidence
in order to identify and evaluate thepossible adverse effects of LMOson the conservation and sustainableuse of biological diversity, taking
also into account risks to human
health.  The Party of import shallensure that risk assessments arecarried out for decisions taken
under Article 10.  It may require the
Party of exporter to carry out therisk assessment.  The notifier shallpay the cost of risk assessment if
the Party of import requires this.
Article 16
Parties shall establish and maintain
appropriate mechanisms to regulate,
manage and control risks associatedwith the use, handling andtransboundary movement of LMOs.
Measures based on a risk
assessment shall be imposed to theWT/CTE/W/160/Rev.1
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extent necessary to prevent adverseeffects of LMOs on theconservation and sustainable use of
biological diversity, taking account
risks to human health within theimporting Party's territory.
Article 18
Explains the handling and transport
requirements for LMOs under thescope of the Protocol:
• LMOs for food, feed or
processing shall be clearly
identified that they "may
contain" LMOs and are notintended for intentionalintroduction to the
environment as well as a
contact point for furtherinformation;
• LMOs that are destined for
contained use shall be clearlyidentified as LMOs and shall
specify any requirements for
safe handling, storage,transport and use as well as acontact point for further
information: and
• LMOs for intentional
introduction into theenvironment of the Party ofimport shall be clearly
identified as LMOs, specifying
the identity and relevant traits,any requirements for safehandling, storage, transport
and use, a contact point for
further information and, asappropriate, the name andaddress of the importer andWT/CTE/W/160/Rev.1
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exporter and a declaration thatthe movement is in conformitywith the requirements of the
Protocol applicable to the
exporter.
Article 26
Parties, when reaching a decision
on import under the Protocol, orwhile implementing the Protocoldomestically, may take into account
socio-economic considerations
arising from the impact of LMOson the conservation and sustainableuse of biological diversity, with
regard to the value of biological
diversity to indigenous and localcommunities.
Annex I  sets out the information
required in notifications underArticles 8, 10 and 13 (AIAProcedure and SimplifiedProcedure).
Annex II  sets out the information
required for LMOs intended fordirect use as food or feed, or for
processing under Article 11.
Annex III  gives greater details on
the risk assessments carried out
pursuant to this Protocol.WT/CTE/W/160/Rev.1
Page 38IX. UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
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parties
United Nations
Framework
Convention onClimate Change(UNFCCC),
1992.
The objective
of theConvention is
stabilization of
greenhouse gasconcentrationsin the
atmosphere at a
level that wouldpreventdangerous
anthropogenic
interferencewith the climatesystem
(Article 2).There are 186
Parties to the
UNFCCC.
There are 3 WTO
Members that are
not party to theUNFCCC:
Brunei,
  Darussalam
TanzaniaTurkeyThe UNFCCC does not directly
restrict trade, but actions of
countries implementing theUNFCCC could have significanttrade implications.  The
requirement to adopt National
policies and correspondingmeasures to mitigate climatechange by developed countryParties is set up in Article 4.2 (a.)
Article 3.5
International trade is specifically
mentioned in this article " …
measures taken to combat climate
change, including unilateral ones,should not constitute a means ofarbitrary or unjustifiable
discrimination or a disguised
restriction on international trade."
According to the UNFCCC
Secretariat, the policies and
measures adopted by Parties havenot had any adverse impacts oninternational trade.Article 11
Establishes a financial
mechanism (which is the GEF)to provide financial resources,including for the transfer of
technology.
GEF covers the difference (or
"increment") between the costsof a project undertaken with
global environmental objectives
in mind, and the costs of analternative project that thecountry would have
implemented in the absence of
global environmental concerns.Pursuant to Article 13  of the
UNFCCC, COP 4 considered the
establishment of a MultilateralConsultative Committee (MCC) forthe resolution of questions regarding
the implementation of the
UNFCCC.
The proposed MCC is to provide
advice to Parties and to prevent
disputes. The nature of the MCC is
to be facilitative, non-judicial,transparent, and co-operative. Theoutcome of the MCC may include
recommendations and any measures
that the MCC deems suitable for theeffective implementation of theConvention.Article 14
The Parties
concerned shallseek a settlement ofthe dispute through
negotiation or any
other peacefulmeans of their ownchoice.  Parties maymake a written
submission at any
time as to whetherthey recognize ascompulsory the
submission of the
dispute to the ICJ,and/or arbitration.If Parties are unable
to settle their
dispute through theabove means, thedispute is to be
submitted, at the
request of any ofthe Partiesconcerned to
conciliation.
A conciliation
commission is to be
created upon the
request of one ofthe Parties to thedispute, composed
of an equal number
of membersappointed by eachParty concerned
who in turn jointly
chooses a chair.No provisions.WT/CTE/W/160/Rev.1
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The commission isto render arecommendatory
award, which the
Parties shallconsider in goodfaith. Additional
procedures relating
to conciliation shallbe adopted by theCOP.
No disputes to date.WT/CTE/W/160/Rev.1
Page 40X. KYOTO PROTOCOL
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parties
Kyoto Protocol,
1997.
A protocol to
the UNFCCC
which is a step
towardsachieving theobjective of theConvention by
reducing
emissions fromAnnex I Parties.The Protocol has
84 signatures and
34 ratifications.
According to
Article 25, to
come into force,the Protocolrequires at least55 ratifications,
and the Annex I
Parties that ratifymust account for55 per cent of
carbon dioxide
emissions for1990.
The 14 WTO
Members that areParties to theProtocol are:
Antigua
  &  BarbudaBolivia
Cyprus
EcuadorEl SalvadorFiji
Guatemala
JamaicaMaldivesNicaragua
Panama
ParaguayTrinidad   & Tobago
UruguayArticle 2.1(a)
Annex I Parties shall, in order to
promote sustainable development,implement and/or further elaboratepolicies and measures in accordance
with national circumstances, such
as enhancement of energyefficiency in relevant sectors of thenational economy and progressivereduction or phasing out of market
imperfections, fiscal incentives, tax
and duty exemptions and subsidiesin all greenhouse gas-emittingsectors that run counter to the
objective of the Convention and
application of market instruments.
Article 2.3
Annex I Parties will strive to
implement policies and measures insuch a way as to minimize adverseeffects, on other Parties, including
effects on international trade.
The Kyoto Protocol sets out three
flexibility mechanisms:
Article 6
Joint Implementation (projects
between Annex I countries to help
meet a Party's commitments.)
Article 12
Clean Development Mechanism
(The CDM allows Annex I Parties
to invest in projects in developingcountries to achieve sustainabledevelopment, contribute to the
objective of the Convention and
assist Annex 1 Parties to complyArticle 11  of the UNFCC
Adopts the financial mechanism of
the Convention, which is the GEF.Article 16
Provides that the COP can
consider and modify asappropriate the MultilateralConsultative Process that is
referred to in Article 13 of the
UNFCCC.  The MCP applied tothe Kyoto Protocol shall operatewithout prejudice to theprocedures and mechanisms
established under Article 18 of
the Protocol.
Article 18
The COP serving as the meeting
of the Parties shall, at its firstsession, approve appropriate andeffective procedures and
mechanisms to determine and to
address cases of non-compliancewith the provisions of theProtocol. This includes the
development of an initiative list
of consequences, taking intoaccount the cause, type, degreeand frequency of non-compliance.
Any such procedures and
mechanisms that entail bindingconsequences shall be adopted bymeans of an amendment to the
Protocol.
Such procedures and mechanisms
are being developed.Article 14 of the
UNFCCC
Governs dispute
settlement for theKyoto Protocol.No provisions.WT/CTE/W/160/Rev.1
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with reduction commitments).
Article 17
Emissions Trading (undefined).WT/CTE/W/160/Rev.1
Page 42XI. INTERNATIONAL TROPICAL TIMBER AGREEMENT
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parties
International
Tropical Timber
Agreement(ITTA), 1994.
(Successor
Agreement tothe InternationalTropical TimberAgreement,
1983).
The ITTA, 1994
seeks to
promote
internationaltrade in tropicaltimber, the
sustainable
management oftropical forests,and the
development of
tropical forestindustriesthrough
international
cooperation,policy work andproject
activities.ITTO has 
54 Members,
comprised of30 producer and25 consumer
countries,
including the EC.
The following 51
countries are
WTO and ITTA
Members:
Australia
Austria
BelgiumBrazilIreland
Italy
CanadaCameroonCentral Africa
  Republic
ColombiaCongoCongo, Dem.
  Rep.
DenmarkECEcuador
Egypt
FijiFinlandFrance
Gabon
GermanyGhanaGreece
Guyana
HondurasArticle 36
According to this article, nothing in
the agreement authorizes the use ofmeasures to restrict or baninternational trade, and in
particular, as concerns imports of,
and utilization of timber and timberproducts.There are no provisions for trademeasures in the ITTA, 1994 or
ITTA, 1983.  However, following
the entry into force of the ITTA,1994 on 1 January 1997, theITTO’s mandate on trade has been
updated and refined.  This is
reflected in six trade-relatedobjectives of the agreement whichare outlined in Article 1 :
(b)  To provide a forum for
consultation to promote non-discriminatory timber trade
practices;
(d)  To enhance the capacity of
members to implement a strategy
for achieving exports of tropical
timber and timber products fromsustainably managed sources bythe year 2000;
(e)  To promote the expansion and
diversification of internationaltrade in tropical timber from
sustainable sources by improving
the structural conditions ininternational markets, by takinginto account, on the one hand, a
long-term increase in consumption
and continuity of supplies, and, onThe ITTA, 1994 provides for
the establishment of the Bali
Partnership Fund  for the
sustainable management oftropical timber producing
forests.  The fund is exclusively
reserved for producingmembers to achieve objective(d) of the ITTA, 1994 and isadditional to the Special
Account.
Article 20
It provides for the establishment
of the Special Account
comprising of the Pre-ProjectSub-Account and the ProjectSub-Account.  The sources of
finance for the account may
come from the Common Fundfor Commodities (UNCTAD),regional and international
financial institutions and
voluntary contributions.  Theresources of the account shallbe used only for approved ITTO
pre-projects and projects.
Following the entry into force
of the ITTA, 1994, work on
finalizing the operation of the
Bali Partnership Fund has beencompleted and Members, aswell as the international donor
community, are being asked to
make pledges and contributionsto the fund.
Since it became operational in
1987, the ITTO has funded overNo provisions. Article 31
Any complaint that
a member has failedto fulfil itsobligations under
this Agreement and
any disputeconcerning theinterpretation orapplication of this
Agreement shall be
referred to theInternationalTropical Timber
Council for
decision. The
Council is thehighest authority of
the ITTO and
consists of allmembers of theOrganization.
Decisions of the
Council on thesematters shall befinal and binding.
No disputes to date.The Agreement is
opened to accession
by any country.According to theITTO Secretariat, all
States that are
considered keyplayers are members,except the RussianFederation.WT/CTE/W/160/Rev.1
Page 43Name of
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parties
IndiaIndonesiaIvory Coast
Japan
Korea, Rep. ofLuxembourgMalaysia
Myanmar
New ZealandNorwayPanama
Papua New
  GuineaPeruPhilippines
Portugal
SpainSurinameSweden
Switzerland
ThailandThe NetherlandsTogoTrinidad &
  Tobago
UKUSAVenezuelathe other, prices which reflect
the costs of sustainable forestmanagement and which are
remunerative and equitable for
members, and the improvement ofmarket access;
(h)  To improve market intelligence
with a view to ensuring greatertransparency in the internationaltimber market, including the
gathering, compilation, and
dissemination of trade-related data,including data related to speciesbeing traded;
(k)  To improve marketing and
distribution of tropical timberexports from sustainably managed
sources;  and
(m)  To encourage information
sharing on the international timbermarket.
The ITTO Year 2000 Objective  is
a commitment of all members toattain exports of tropical timber
products from sustainably managed
sources by the year 2000.  The Year2000 Objective has beenincorporated as one of the operative
objectives of ITTA, 1994.
The status of the objectives of
ITTA, 1994 are viewed in the
context of Article 32 , which
stipulates that members shall usetheir best endeavours and cooperateto promote the attainment of the
objectives of the agreement and to
avoid any actions contrary thereto. 500 projects for a total cost of
over US$ 200 million.WT/CTE/W/160/Rev.1
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parties
Members also undertake to accept
and carry out the decisions of theInternational Tropical Timber
Council under the provisions of the
Agreement (and in pursuit of itsobjectives) and shall refrain fromimplementing measures which
would have the effect of limiting or
running counter to them.  Thesegeneral obligations are binding onall Members.WT/CTE/W/160/Rev.1
Page 45XII. UN FISH STOCKS AGREEMENT
Name of
MEA, date of
adoption  and
objectiveInformation
on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Agreement for
the
Implementationof theProvisions of
the UN
Convention onthe Law of theSea of 10December 1982
relating to the
ConservationandManagement of
Straddling Fish
Stocks andHighlyMigratory Fish
Stocks
(UN FishStocksAgreement),
1995.
The Agreement
seeks to ensure
the long-term
conservationand sustainableuse of
straddling fish
stocks andhighlymigratory fish
stocks by
requiringcoastal Statesand States
fishing on theThe Agreement
has been signed
by 59 andratified by 28States.
The Convention
requires 30ratifications toenter into force.
18 WTO
Members areparty to the
Agreement:
Australia
Barbados
Brazil
CanadaFijiIceland
Maldives
MauritiusNamibiaNew Zealand
Norway
Papua New  GuineaSaint Lucia
Senegal
Solomon  IslandsSri Lanka
Uruguay
USThe Agreement requires States
Parties to the Agreement or States
which are members of RFMOs orparticipants in subregional orregional fisheries management
arrangements, to take measures
consistent with the Agreement andin conformity with internationallaw, to deter activities of fishingvessels that undermine the
effectiveness of subregional,
regional or global conservation andmanagement measures forstraddling fish stocks and highly
migratory fish stocks.
Article 17.4
Mandates States, which are
members of RFMOs or participants
in subregional or regional fisheriesmanagement arrangements to takemeasures to deter activities of
fishing vessels flying the flags of
non-member States or non-participating States engaged infishing operations for the relevant
stocks, and which undermine the
effectiveness of subregional orregional conservation andmanagement measures.
Article 23.1 and 21.3
Provides that a port State has the
right and duty to take measures, in
accordance with international law,
to promote the effectiveness ofsubregional, regional and globalconservation and management
measures . To this end, it may, interPart VII  provides for special
assistance in favour of
developing States in theimplementation of theAgreement in recognition of
their special requirements in
relation to conservation andmanagement of straddling fishstocks and highly migratory fishstocks and development of
fisheries for such stocks.
Such assistance applies also inrespect of the conservation andmanagement of straddling fish
stocks and highly migratory fish
stocks in areas under nationaljurisdiction of developingcoastal States ( Part I ,
Article 3.3 ).
Article 25
Requires States Parties to
cooperate, either directly or
through subregional, regional orglobal organizations to providetechnical and financial
assistance to developing States,
in particular the least-developedStates and small islanddeveloping States (SIDS) in
respect of: (i) capacity-building
in the conservation andmanagement of straddling fishstocks and highly migratory fish
stocks;  (ii) participation of
these States in high seasfisheries for the two stocks; (iii)and facilitation of their
participation in RMFOs andPart VI  contains several provisions
on compliance and enforcement,
which involve compliance andenforcement by the flag State, theport State, as well as a subregional
and regional cooperative enforcement
schemes that may involve non-flagState enforcement.
Article 18
Requires the flag State to ensure that
vessels flying its flag comply withsubregional and regionalconservation and management
measures.  It shall authorize vessels
flying its flag to fish on the high seas
only where it is able to exerciseeffective control over such vessels.
To this end, a flag State is obligated
to take measures vis-à-vis  fishing
vessels flying its flag that can ensuresuch control, including the
establishment of a national record of
fishing vessels authorized to fish onthe high seas;  prohibition of highseas fishing without the necessary
authorization;  requirement of
permits for high seas fishing;prohibition of unauthorized fishing inareas under the national jurisdiction
of other States;  requirements for
marking of fishing vessels andfishing gear in accordance with FAOStandard Specifications for the
Marking and Identification of Fishing
Vessels;  obligation of reportingrelevant fisheries data;implementation of observer
programmes and national inspectionPart VIII  contains
provisions for the
peaceful settlementof disputes arisingout of the
implementation of
the Agreement.
Article 27
Provides that all
disputes shall be
settled bynegotiation,inquiry, mediation,
conciliation,
arbitration, judicialsettlement, resort toregional agencies or
arrangements, or
other peacefulmeans chosen bythe parties to such
disputes.
Article 28
Mandates States to
cooperate in order
to prevent disputes.To this end, theyare required to
agree on efficient
and expeditiousdecision-makingprocedures within
RFMOs and
arrangements andstrengthen existingones as necessary.The Agreement
provides, as a general
rule, that a State whichis not a member of aRFMO or is not a
participant in a
subregional or regionalfisheries managementarrangement, shall notauthorize a vessel
flying its flag to engage
in fishing operationsfor the straddling fishstocks and highly
migratory fish stocks,
which are subject to theconservation andmanagement measures
of such organization or
arrangement.
It therefore requests, on
the one hand, member
States of RFMOs andarrangements to deterthe activities of vessels
of non-member States
or non-participants intheir regulatory areas,which undermine
conservation and
management measures.On the other hand, itrequests States Parties
to deter the activities of
vessels flying the flagof non-parties whichundermine the
implementation of theWT/CTE/W/160/Rev.1
Page 46Name of
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parties
high seas tocooperate forthese purposes,
either directly
or throughappropriatesubregional or
Regional
FisheriesManagementOrganizations
(RFMOs) or
arrangements.alia, adopt regulations empowering
the relevant national authorities toprohibit landings and
transshipments where it has been
established that the catch has beentaken in a manner whichundermines the effectiveness of
subregional, regional or global
conservation and managementmeasures on the high seas.
Article 33.2
Requires States Parties to take
measures consistent with theAgreement and international law to
deter the activities of vessels flying
the flag of non-parties whichundermine the effectiveimplementation of the Agreement.arrangements.
Article 26
Mandates States Parties to
provide special assistance todeveloping States in theimplementation of the
Agreement. Such assistance
includes: (i) the establishmentof special funds to assistdeveloping States in the
implementation of the
Agreement, including assistanceaimed at meeting the costsinvolved in any proceedings for
the settlement of disputes to
which they may be parties and(ii) assistance to developingStates in establishing new
RFMOs or arrangements, or in
strengthening existing ones forthe conservation andmanagement of straddling fishstocks and highly migratory fish
stocks.schemes;  implementation of vessel
monitoring systems;  regulation oftransshipment;  and obligation for the
flag State to ensure compatibility of
national monitoring, control andsurveillance system with existingsubregional, regional or global
systems.
Article 19
Requires a flag State to ensure
compliance by vessels flying its flag
with subregional and regionalconservation and managementmeasures for straddling fish stocks
and highly migratory fish stocks. To
this end, it is obligated to: (i) enforcethese measures wherever violationsoccur; (ii) investigate any alleged
violation and report to the State
alleging the violation and to therelevant RFMO; (iii) require anyvessel flying its flag to give allinformation to the investigating
authority concerning the alleged
violation; (iv) institute proceedingsand, where appropriate, detain thevessel concerned; and (v) ensure that
a vessel which was found to have
been involved in serious violation ofconservation and managementmeasures, does not engage in fishing
operations on the high seas until such
time as all outstanding sanctionsimposed by the flag State arecomplied with.
Article 21
Provides a subregional and regional
cooperative scheme in enforcement
that may involve boarding and
inspection by non-flag Stateinspectors within the framework of aArticle 29
Provides that
disputes of a
technical naturemay be referred toan ad hoc  expert
panel established
by the Statesconcerned, withoutresorting to binding
procedures for the
settlement ofdisputes.
Article 30
Stipulates that the
procedures for thesettlement of
dispute set out in
the UN Conventionof the Law of theSea (UNCLOS)applies mutatis
mutandis  to any
dispute betweenState Parties to theAgreement
concerning the
interpretation orapplication of theAgreement,
whether or not they
are also Parties toUNCLOS.
Article 31
Provides that
pending thesettlement of a
dispute, the parties
to the dispute shallmake every effortAgreement.
Article 8(4)
Stresses that only those
States which are
members of a RFMO ora subregional orregional fisheries
management
arrangement, or whichagree to apply theconservation and
management measures
established by suchorganization orarrangement, shall have
access to the fishery
resources to whichthose measures apply.
Article 17
Provides that:
1. A State which is
not a member of a
subregional or regional
fisheries management
organization or is not aparticipant in asubregional or regional
fisheries management
arrangement, andwhich does nototherwise agree to
apply the conservation
and managementmeasures establishedby such organization or
arrangement, is not
discharged from theobligation to cooperate,in accordance with the
Convention and this
Agreement, in theconservation andWT/CTE/W/160/Rev.1
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onMEA/WTOmembershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
RFMO or arrangement.
Article 22
Provides for the basic procedures to
be followed by duly authorizedinspectors from an inspecting State incase of boarding and inspection.
Article 23
Provides for enforcement measures,
which may be taken by a port State,
whenever fishing vessels are
voluntarily in its ports or at itsoffshore terminals.  Such measuresmay include inspection of
documents, fishing gear and catch on
board fishing vessels,  andprohibition of landings andtranshipments if national regulations
exist to this effect.to enter into
provisionalarrangements of a
practical nature. In
addition, the Courtor tribunal to whichthe dispute has
been submitted may
prescribeprovisionalmeasures in order
to preserve the
respective rights ofthe partiesconcerned or
prevent damage to
the stocks inquestion.However, the
Agreement points
out that a StateParty to theAgreement, whichis not a Party to
UNCLOS is
allowed to make adeclarationindicating that the
International
Tribunal on theLaw of the Sea(ITLOS) shall not
be entitled to
prescribe, modifyor revokeprovisional
measures without
its agreement.
The relevant
provisions of
UNCLOSmanagement of the
relevant straddling fishstocks and highly
migratory fish stocks.
2. Such State shall
not authorize vessels
flying its flag to engage
in fishing operationsfor the straddling fishstocks or highly
migratory fish stocks
which are subject to theconservation andmanagement measures
established by such
organization orarrangement.
3. States which are
members of asubregional or regionalfisheries managementorganization or
participants in a
subregional or regionalfisheries managementarrangement shall,
individually or jointly,
request the fishingentities referred to inArticle 1, paragraph 3,
which have fishing
vessels in the relevantarea to cooperate fullywith such organization
or arrangement in
implementing theconservation andmanagement measures
it has established, with
a view to having suchWT/CTE/W/160/Rev.1
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parties
Part XV ofUNCLOS requiresthat States Parties
to the Convention
settle any disputebetween themconcerning the
interpretation or
application of theConvention by allpeaceful means
referred to in the
UN Charter.Where nosettlement has been
reached by recourse
to proceduresentailing non-binding decisions
under Part XV,
Section 1, thedispute shall besubmitted at therequest of any party
to the compulsory
proceduresentailing bindingdecisions provided
for in Section 2 of
Part XV.
Article 287  lists the
following courts or
tribunals as meansfor the settlementof disputes under
Section 2:
(a) ITLOS(established inaccordance with
Annex VI of the
Convention)including themeasures applied de
facto as extensively aspossible to fishing
activities in the relevant
area. Such fishingentities shall enjoybenefits from
participation in the
fishery commensuratewith their commitmentto comply with
conservation and
management measuresin respect of the stocks.
4. States which are
members of suchorganization orparticipants in such
arrangement shall
exchange informationwith respect to theactivities of fishingvessels flying the flags
of States which are
neither members of theorganization norparticipants in the
arrangement and which
are engaged in fishingoperations for therelevant stocks. They
shall take measures
consistent with theAgreement andinternational law to
deter activities of such
vessels, whichundermine theeffectiveness of
subregional or regional
conservation andmanagement measures.WT/CTE/W/160/Rev.1
Page 49Name of
MEA, date ofadoption  andobjectiveInformation
onMEA/WTOmembershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Seabed DisputesChamber;(b) The ICJ;
(c) an arbitral
tribunal constitutedin accordance withAnnex VII of the
Convention;
(d) a special arbitraltribunal constitutedin accordance with
Annex VIII for one
or more of thecategories ofdisputes specified
therein.
The jurisdiction of
ITLOS comprises
all disputes and all
applicationssubmitted to it inaccordance withUNCLOS and all
matters specifically
provided for in anyother agreement,which confers
jurisdiction on the
Tribunal.
Part XV, Section 3
on limitations and
exceptions toapplicability ofSection 2 stipulates
in Article 297 ,
para.3 that disputesrelating to thesovereign rights of
the coastal State
relating to theArticle 33
This Article stipulates
that:
1.  States Parties shall
encourage non-partiesto the Agreement tobecome parties thereto
and to adopt laws and
regulations consistentwith its provisions.
2.  States Parties shall
take measuresconsistent with theAgreement and
international law to
deter the activities ofvessels flying the flagof non-parties, which
undermine the effective
implementation of theAgreement.WT/CTE/W/160/Rev.1
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MEA, date ofadoption  andobjectiveInformation
onMEA/WTOmembershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
living resources inthe EEZ, or theexercise of such
rights in that zone,
are excluded fromthe compulsoryprocedures
entailing binding
decisions providedfor in Part XV,
Section 2 .
Where no
settlement has beenreached by recourse
to Part XV,
Section 1 , such
disputes shall besubmitted to the
compulsory
submission toconciliationprocedureestablished under
Annex V, Section 2
of UNCLOS.Under such aprocedure, only the
submission to the
proceedings iscompulsory sincethe report of the
commission of
conciliation,including itsconclusions or
recommendations,
remainsnon-binding uponthe Parties to the
dispute.WT/CTE/W/160/Rev.1
Page 51XIII.  ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND
PESTICIDES IN INTERNATIONAL TRADE
Name of
MEA, date of
adoption andobjectiveInformation on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Rotterdam
Convention onthe PriorInformed
Consent (PIC)
Procedure forCertainHazar dous
Chemicals and
Pesticides inInternationalTrade, 1998.
Article 1
The objective
of the
Convention is
to promotesharedresponsibility
and cooperative
effort amongParties in theinternational
trade of certain
hazar dous
chemicals inorder to protect
human health
and theenvironmentfrom potentialharm and to
contribute to
theirenvironmentalsound use, by
facilitatingThe Rotterdam
Convention hasbeen ratified by14 Parties and
needs
50 ratificationsto come intoforce.
The Convention
was signed by73 countries.
13 WTO
Members areparty to the
Convention:
Bulgaria
Czech Re public
El Salvador
GermanyGuineaHungary
Kyrgyz
RepublicMongoliaOman
Panama
SloveniaSurinameThe NetherlandsIn the preamble  Parties recognize
that trade and environmentalpolices should be mutuallysupportive with a view to
achieving sustainable development
and emphasize that the rights andobligations of a Party under anyexisting international agreement
applying to chemicals in
international trade or toenvironmental protection are notchanged by this agreement.
Articles 5, 6, 7 and 8
Set out the procedure to list
chemicals that are subject to the
prior informed consent procedure
in Annex III.
Article 9
Contains the procedure for de-
listing a chemical from Annex III.
Article 10.4
A Party is to inform other Parties
through the Secretariat whether itis allowing the import (either aninterim or final decision) of a
chemical listed in a decision
guidance document (DGD),
Article 10.9
If a Party takes a decision not to
consent to import of a chemical or
to consent to its import only underspecified conditions it shall,simultaneously prohibit or make
subject to the same conditions:  theArticle 16
Provides for technical
assistance.Article 17
The COP shall develop and approve
procedures and institutionalmechanisms for determining non-
compliance with the provisions of the
Convention and for treatment ofParties found to be in non-compliance.Article 20
Provides that Parties
shall settle disputesthrough negotiation
or by other peaceful
means.  Uponratification (oraccession) to the
Convention, a Party
may declare inwriting that itrecognizes
Arbitration
(procedures to beadopted in anannex) or the ICJ, or
both;  as
compulsory inrelation to any Partythat has accepted
the same obligation.
If the Parties to adispute have notaccepted the same
or any procedure
and if they have notbeen able to settletheir dispute within
a set period of time,
the dispute shall besubmitted byrequest of any Partyto a conciliation
commission.  The
conciliationcommission shallrender a report with
recommendations.Article 10.9(a)
A Party that takes a
decision not toconsent to import of a
chemical or to consent
to this import onlyunder specifiedconditions shall
prohibit its import or
make subject to the
same conditions theimport of the
chemical from any
source.WT/CTE/W/160/Rev.1
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parties
informationexchange abouttheir
characteristics,
by providingfor a nationaldecision-
making process
on their importand export andby
disseminating
these decisionsto Parties.
The Convention
provides thatchemicalssubject to the
Convention are
exported onlyin accordancewith aninformed
decision by
importingParties.import of the chemical from any
source;  and the domesticproduction of the chemical for
domestic use.
Article 11.2
Each Party shall ensure that a
chemical listed in Annex III is not
exported from its territory to anyimporting Party that, in exceptionalcircumstances, has failed to
transmit a response or has
transmitted an interim response thatdoes not contain an interim decisionunless the chemical is listed by the
Party for import, or there is prior
informed consent.
Article 12.1
Where a chemical that is banned or
severely restricted by a Party isexported, that Party shall provide anexport notification to the importingParty.
Article 13.2 and 3
Information, health and safety
labelling requirements for
chemicals listed in Annex III.
Article 15.4
Parties are allowed to take action
that is more stringently protective
of human health and theenvironment than is called for inthe Convention, provided that such
action is consistent with its
provisions and is in accordancewith international law.Additional
conciliationcommission
procedures shall be
adopted in an annexno later than at COPII.WT/CTE/W/160/Rev.1
Page 53XIV. STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS
Name of
MEA, date of
adoption and
objectiveInformation on
MEA/WTO
membershipTrade-related measures Supportive measures Non-compliance mechanism Disputes Provisions for non-
parties
Stockholm
Convention on
PersistentOrganicPollutants
(POPs), 2001.
Article 1
Mindful of the
precautionary
approach as set
forth inPrinciple 15 ofthe Rio
Declaration the
objective of theConvention isto protect
human health
and theenvironmentfrom POPs.
The Convention
is aimed at thereduction or
elimination of
releases ofPOPs into theenvironment.The Convention
was signed on 23
May 2001 inStockholm by 91States and the
EU.
The Convention
will enter intoforce following
the 50
th
ratification.The preamble  recognizes that this
Convention and other international
agreements in the field of trade andenvironment are mutuallysupportive.
Article 3.1
Parties shall prohibit or eliminate
the production, use, import andexport of the POPs listed in Annex
A (Elimination) and restrict the
production and use of the POPslisted in Annex B (Restriction).
Article 3.2
POPs listed in Annexes A and B
are imported or exported only forthe purpose of environmental
sound disposal or for a use
permitted for the importing Party asa specific exemption.
Article 4
Establishes a register of specific
exemptions for Parties forproduction or use of POPs listed in
Annexes A or B.
Article 8
Sets out the procedures for listing
POPs in Annexes.Article 7
Calls for the development of
national plans to implement theagreement.
Article 12
Provides for technical
assistance.
Article 13
Parties undertake to provide
financial support and incentivesto achieve the objective of theConvention.  Developed
country Parties shall provide
new and additional financialresources to enable developingcountry Parties and Parties with
economies in transition to meet
the agreed full incrementalcosts of implementing measureswhich fulfill their obligations
under the Convention.
Establishes a mechanism for the
provision of adequate and
sustainable financial resources
to developing country Partiesand Parties with economies intransition on a grant or
concessional basis to assist in
their implementation of theConvention.
Calls upon the first meeting of
the COP to develop appropriateguidance to be provided to themechanism.  At its second
meeting and on a regular basisArticle 17
Instructs the COP to develop and
approve procedures and institutionalmechanisms for determining non-compliance with the provisions of
this Convention and for the treatment
of Parties found to be in non-compliance.Article 18
Parties shall settle
disputes throughnegotiation or byother peaceful
means.
Upon ratification
(or accession) of theConvention, a Party
may declare in
writing that itrecognizesarbitration
(procedures to be
adopted in anannex) or the ICJ, orboth, as compulsory
in relation to any
Party that hasaccepted the sameobligation.
If the Parties to a
dispute have notaccepted the same
or any procedure
and if they have notbeen able to settletheir dispute within
a set period of time,
the dispute shall besubmitted byrequest of any Party
to a conciliation
commission whichshall render a reportwith
recommendations.Article 3.2. (b)(i)
A POP in Annex A is
exported only to anon-party which hasprovided an annual
certification to the
exporting Party.WT/CTE/W/160/Rev.1
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parties
the COP shall review theeffectiveness of the mechanism.
Article 14
Entrust the GEF, on an interim
basis, to be the principal entityoperating the financial
mechanism referred to in
Article 13.
Article 15
Sets out a reporting
mechanisms on theimplementation of theConvention
Article 16
Requests the COP to evaluate
the effectiveness of the
Convention.Additional
conciliationcommission
procedures will be
adopted in an annexno later than atCOP II.WT/CTE/W/160/Rev.1
Page 55
ANNEX
LIST OF MEAS CONTAINING POTENTIAL TRADE MEASURES
1. The following list has been compiled from a UNEP document which enumerates all
"International Treaties and Other Agreements in  the Field of the Environment", of which there
are 238.4  This list covers those international treaties that contain trade-related measures, or whose
Parties have adopted trade provisions in Resolutions  or Conservation Measures in furtherance of the
objectives of the Agreement.  Also included in th e list are Agreements which do not contain trade
measures as such, but do contain pr ovisions that may have possible c onsequences for trade during their
implementation by Parties.  This Annex revi ses WT/CTE/W/160 and updates previous documents,
including a GATT document issued in 1992 that list ed MEAs which contained trade measures as of
mid-19915 and a document issued in 1994 for the Sub-Committee on Trade and Environment.6
2. Some of the Agreements listed are regional Agreements that are open to Members from a
regional group7 while other Agreements cover specific species that are limited to a region.8
Agreements that are included in the Matrix are marked  in bold.  Agreements that are not yet in force
are marked with an asterix*.
• Convention Relative to the Preservation of Fauna and Flora in their Natural State,
1933, which was superseded by the African Convention on the Conservation of
Nature and Natural Resources, 1968;
• Convention on Nature Protection and Wild Life Preservation in the
Western Hemisphere, 1940;9
• International Convention for the Protection of Birds, 1950;
• International Plant Protection Convention, 1951;
• Plant Protection Agreement for the South-East Asia and Pacific Region, 1956;
• Agreement Concerning the Cooperation in the Quarantine of Plants and their
Protection against Pests and Diseases, 1959;10
• International Commission for the Conservation of Atlantic Tunas (ICCAT),
1966;11
                                                     
4 UNEP (1999), Register of International Treaties and Other Agreements in the Field of Environment ,
Nairobi.  For ease of reference, the agreements that have been deposited with the UN Secretary-General can be
found at: http://untreaty.un.org/ENGLISH/bible/englis hinternetbible/partI/chapterXXVII/chapterXXVII.asp and
at: http://sedac.ciesin.org/pidb/guides/guide-hp.html, which provides an overview of treaties including
information on the negotiation, structure, and status of legal instruments in the environmental context.
5 Appendix I of GATT International Trade 1990-91,  (Volume 1, pages 45-47).
6 PC/SCTE/W/3, 13 October 1994.
7 For example the Phyto-Sanitary Convention for Africa, 1967 is open to Members of the Organization
for African Unity or the Benelux Convention Concerning Hunting and the Protection of Birds, 1970, which is
open to the three Benelux Member States.
8 Convention for the Conservation and Management of the Vicuña, 1979, and Agreement on the
Conservation of Polar Bear, 1973.
9 Article 9 of the Agreement, which contains trade-related measures, is de facto  superseded by CITES.
10 This Agreement was administered by the Council for Mutual Economic Assistance, which no longer
exists.  The status of this Agreement is therefore unclear.
11 The Convention does not contain trade measures, but trade-related measures have been adopted in
conservation measures which are binding on Contracting Parties.WT/CTE/W/160/Rev.1
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• Phyto-Sanitary Convention for Africa, 1967;
• African Convention on the Conservation of Natural Resources, 1968;
• European Convention for the Protection of Animals during International Transport,
1968;
• Benelux Convention Concerning Hunting and the Protection of Birds, 1970;
• Agreement on the Conservation of Polar Bear, 1973;12
• Convention on the International Trade in Endangered Species of Wild Fauna
and Flora (CITES), 1973;
• Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries,
1978;
• Convention for the Conservation and Management of the Vicuña, 1979;13
• Convention on the Conservation of Antarctic Marine Living Resources
(CCAMLR), 1980;
• *ASEAN Agreement on the Conservation of Nature and Natural Resources, 1985;
• Montreal Protocol on Substances that Deplete the Ozone Layer, 1987 and its
amendments;
• Wellington Convention for the Prohibition of Fishing with Long Drift Nets in the
South Pacific, 1989;
• Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal, 1989;  14
• Bamako Convention on the Ban of the Import into Africa and the Control of
Transboundary Movement and Management of Hazardous Wastes within
Africa, 1991;
• Regional Agreement on the Transboundary Movement of Hazardous Wastes,
1992;
• *Convention to Ban the Importation into Forum Island Countries of
Hazardous and Radioactive Wastes and to Control the Transboundary
Movement and Management of Hazardous Wastes within the South Pacific
Region, 1995 (Waigani Convention);
• *Protocol on the Prevention of Pollution of the Mediterranean Sea by
Transboundary Movements of Hazardous Wastes and their Disposal, 1996
(Izmir Protocol).
• Protocol Concerning Specially  Protected Areas and Wildlife to the Convention for the
Protection and Development of the Marine Environment of the Wider Caribbean
Region (Protocol of the Cartagena Convention), 1990;
• Convention on Biological Diversity, 1992, and the *Cartagena Protocol on
Biosafety, 2000;
                                                     
12 The polar bear has been included in Appendix II of CITES.
13 The vicuña has been included in Appendix II of CITES.
14 The four agreements with bullet points are regional agreements relevant to articles of the Basel
convention that allow for the establishment of regional agreements that may be equal to, or stronger than the
provisions of the Basel Convention.WT/CTE/W/160/Rev.1
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• United Nations Framework Convention on Climate Change (UNFCCC), 1992
and the *Kyoto Protocol, 1997;
• Convention for the Conservation of Southern Bluefin Tuna, 1993;
• International Tropical Timber Agreement (ITTA), 1994;
• *United Nations Conference on Straddling Fish Stocks and Highly Migratory
Fish Stocks: Agreement for the Implementation of the Provisions of the UnitedNations Convention of the Law of the Sea of 10 December 1982, Relating to the
Conservation and Management of Straddling Fish Stocks and Highly MigratoryFish Stocks (UN Fish Stocks Agreement), 1995;
• *Rotterdam Convention on the Prior Informed Consent Procedure (PIC) for
Certain Hazardous Chemicals and Pestic ides in International Trade, 1998;   and
• *Stockholm Convention on Persistent Organic Pollutants (POPs), 2001.
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