WORLD TRADE
ORGANIZATIONWT/CTE/W/86
8 July 1998
(98-2718)
Committee on Trade and Environment
RECENT DEVELOPMENTS IN MULTILATERAL ENVIRONMENTAL
AGREEMENTS (MEAS)
Note by the Secretariat
I. INTRODUCTION
This Note provides Members of the Committee on Trade and Environment with an update of
the recent developments in three multilateral environmental agreements:
- Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes,
Fourth Meeting of the Conference of Parties (COP) held from 23-27 February 1998 in
Kutching, Malaysia.  (See page 1).
- Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals
and Pesticides in International Trade, Fifth Session of the Intergovernmental NegotiatingCommittee held from 9-14 March 1998 in Brussels, Belgium.  (See page 7).
- Convention on Biological Diversity (CBD), Fourth Meeting of the Conference of the Parties,
held in Bratislava (Slovakia), from 4 to 15 May 1998.  (See page 12).
II. BASEL CONVENTION
At the fourth meeting of the COP to the Basel Convention, a total of 25 decisions were
adopted.
1  Six of them which may be of interest to Members are reproduced below.  The fifth meeting
of the COP to the Convention will take in December 1999 in Basel, Switzerland.
DECISION IV/6 O UTCOME OF THE WORK OF THE TECHNICAL WORKING GROUP ON LISTS OF
WASTES AND THE APPLICATION PROCEDURE FOR THEIR REVIEW OR
ADJUSTMENT2
The Conference
1. Notes with appreciation the efforts of the Technical Working Group in preparing the List A
and List B of wastes;2. Considers the draft Position Paper together with the consolidated Lists A and B of wastes, and
the applicable procedure for reviewing or adjusting List A and List B;
                                                     
1 See document UNEP/CHW.4/35 (18 March 1998), whic h is available at the WTO Secretariat for
consultation.
2 The Technical Working Group has classified wastes into three 3 lists.  Briefly, List A contains wastes
that are characterized as hazardous under Article 1 of the Convention.  List B contains wastes that will not be
covered by Article 1 of the Convention.  List C contains wastes that remain to be classified.WT/CTE/W/86
Page 2
3. Agrees to approve the draft Position Paper on Hazard Characterization and Classification of
Wastes within the Framework of the Basel Conv ention as contained in document UNEP/CHW.4/2;
4. Approves the List A and List B of wastes as submitted by the Technical Working Group;
5. Approves the Application Form for the Placement or Removal of Wastes on List A or List B
developed by the Technical Working Group;6. Extends the mandate of the Technical Working Group and instructs the Technical Working
Group to keep the List A and List B of wastes under review using the Application Form for placement
or removal of wastes on these Lists for this purpose;
7. Requests the Technical Working Group to provide the Conference of the Parties with
recommendations on the revision or adjustme nt of List A and List B of wastes;
8. Notes the wastes placed on List C;
9. Instructs the Technical Working Group to review  wastes on List C with a view to their
placement on List A or List B;
10. Also instructs the Technical Working Group to initiate work on wastes about which particular
concerns are or have been expressed;11. Instructs the Technical Working Group to deve lop the procedure for reviewing or adjusting
the lists of wastes and to submit a proposal for approval at the fifth meeting of the Conference of the
Parties;
12. Requests the Technical Working Group to continue its work on the hazard characterization of
wastes, in particular, for the hazard characterist ics H6.2, H10, H11, H12 and H13 of Annex III to the
Convention;
13. Requests the Secretariat to publish the draft position paper, in the official languages of the
United Nations, and to disseminate it to Parties, signatories of the Convention, other States,
intergovernmental organizations, industry and business, as well as to environmentalnon-governmental organizations;
14. Requests the Secretariat of the Basel Convention to ensure that the outcome of the work of
the Technical Working Group be made available to Parties on a regular basis.
DECISION IV/7 I MPLEMENTATION OF DECISION III/13
The Conference
1. Takes note of the progress made by Parties in effectively implementing decision III/1;
                                                     
3 Decision III/1 on the Amendment of the Basel Convention was adopted at the Third Meeting of the
Conference of Parties to the Basel Convention in September 1995.  The decision amends "the Convention withrespect to a prohibition by each Party member of  OECD, EC, Liechtenstein, of all transboundary movements ofhazardous wastes which are destined for final disposal to  other States.  It also ph ases out by 31 December 1997
and prohibits as of that date all transboundary movements of hazardous wastes for recovery, recycling,
reclamation, direct re-use or alternative uses from Pa rty members of OECD, EC, Liechstentein to other States"
(Newsletter of the Basel Convention, No.7, January 1996).WT/CTE/W/86
Page 3
2. Welcomes the ratification by several countries of the Amendment adopted by decision III/I;
3. Strongly appeals to Parties to ratify the Amendment adopted by decision III/1 as soon as
possible to enable the early entry into force of the Amendment.
DECISION IV/8 D ECISION REGARDING ANNEX VII4
The Conference
Affirming the objectives set out in decision III/1,
Noting that the amendment contained in decisi on III/1 has not yet come into force, and
therefore also noting decision IV/7 of this Conference, which urges Parties to ratify this Amendment
as a matter of priority,
Further noting the deep concern of Arab and other countries of making any changes to
Annex VII,
Reaffirming the importance of the broad ramification and entry into force of the amendment
contained in decision III/I and recognizing the difficulties of modifying Annex VII prior to the entry
into force of that amendment,
Further noting the proposals formulated by Parties for inclusion into Annex VII,
1. Decides to leave Annex VII unchanged until the amendment contained in decision III/1 enters
into force;2. Further decides to explore issues related to Annex VII and requests the Technical Working
Group in cooperation with the Sub-group of Legal and Technical Experts to provide Parties with a
detailed and documented analysis that would highlight issues related to Annex VII;
3. Requests those two Groups to report to the fifth meeting of the Conference of the Parties;
4. Confirms that the work to be undertaken is without prejudice to any future decisions
concerning Annex VII.D
ECISION IV/9 A MENDMENT AND ADOPTION OF ANNEXES TO THE CONVENTION
The Conference
Recalling decision III/1 of the Conference of the Parties, which instructed the Technical
Working Group, among other things, to give full priority to completing the work on hazard
characterization and the development of lists, in order to submit them for approval to the fourth
meeting of the Conference of the Parties,
Recalling decision III/12 of the Conference of the Parties, which instructed the Technical
Working Group, among other things, to consider ways of taking forward the development of lists of
hazardous wastes and the applicable procedure for their review based on the outcome of the work of
the Technical Working Group, as well as further developing lists of wastes not covered by thisConvention,
                                                     
4 Decision III/1 of the Basel Convention (see previous  footnote) defined Annex VII countries to include
"Parties and other States which are members of OECD, EC, Liechstentein."WT/CTE/W/86
Page 4
Taking note of the work carried out by the Technical Working Group and in particular the
development of a list of wastes that are characterized as hazardous pursuant to Article 1,
paragraph 1 (a), (list A contained in the note on consolidated lists of wastes and the applicable
procedures for their review and adjustment (UNEP/CHW.4/3)) and a list of wastes that are not
covered by article 1, paragraph 1 (a), of this Convention (list B contained in the note on consolidatedlists of wastes and the applicable procedures for their review and adjustment), as well as the progress
made in the development of a procedure for reviewing or adjusting these lists and of an application
form required for the placement or removal of wastes on these lists,
Considering that Annex I and A nnex III shall remain the factors to characterize wastes as
hazardous for the purpose of this Convention, that lists A and B developed by the Technical Working
Group provide an expeditious way to facilitate the implementation of this Convention, includingArticle 4A, by establishing wastes that are and wastes that are not covered by Article 1,
paragraph 1 (a), of this Convention, and that these lists should have equal status,
Noting that wastes listed in lists A and B are an elaboration and clarification of the provisions
of Article 1, paragraph 1 (a), of this Convention by reference to Annexes I and III,
Recognizing that List a and List b are not intended to be exhaustive,
Taking note that the Open-ended Ad Hoc Committee decided at its third meeting to propose
that the Conference of the Parties extend the mandate of the Technical Working Group to take charge
of the procedure for reviewing or adjusting the lists of wastes and that the Conference of the Parties
adopt the application form for this purpose, as set out in the note on consolidated lists of wastes and
the applicable procedures for their review and adjustment,
Taking note that, pursuant to decision IV/6, the Technical Working Group is instructed to
keep the lists of wastes under review and to make  recommendations to the Conference of the Parties
for revisions or adjustments,
Further taking note that, pursuant to decision IV/6, the Technical Working Group is instructed
to review the procedure for reviewing or adjusting the lists of wastes, including the Application Form
as set out in the note on consolidated lists of wastes and the applicable procedures for their review and
adjustment and to submit a proposal for approval at the fifth meeting of the Conference of the Parties,
Decides to adopt the following amendment a nd adoption of annexes to this Convention:
1. Add the following paragraphs at the end of Annex I:
(a) To facilitate the application of this Convention, and subject to paragraphs (b), (c) and
(d), wastes listed in Annex VIII are characterized as hazardous pursuant to Article 1,
paragraph 1 (a), of this Convention, and wastes listed in Annex IX are not covered by
Article 1, paragraph 1 (a), of this Convention.
(b) Designation of a waste on Annex VIII does not preclude, in a particular case, the use
of Annex III to demonstrate that a waste is not hazardous pursuant to Article 1,
paragraph 1 (a), of this Convention.
(c) Designation of a waste on Annex IX does not preclude, in a particular case,
characterization of such a waste as hazardous pursuant to Article 1, paragraph 1 (a),
of this Convention if it contains Annex I material to an extent causing it to exhibit an
Annex III characteristic.WT/CTE/W/86
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(d) Annexes VIII and IX do not affect the application of Article 1, paragraph 1 (a), of this
Convention for the purpose of characterization of wastes.
2. Add the following two new annexes to th e Convention as its Annexes VIII and IX.5
DECISION IV/11 C URRENT AND PLANNED TECHNICAL ASSISTANCE ACTIVITIES INCLUDING
FOR THE IMPLEMENTATION OF AGENDA 21
The Conference
1. Takes note of the report prepared by the Secretariat of the Basel Convention;
2. Requests the Secretariat to continue to provide assistance within the limits of its existing
financial resources;
3. Urges Parties and other countries to provide assistance on a bilateral or regional basis or
through the Secretariat;4. Urges Parties to cooperate actively on a regional basis, in particular for those Parties that have
the capacity to provide technical support to other countries of the region in need of such assistance;
5. Requests the Secretariat to make available to Parties the updated list of technical assistance
needed on a regular basis.
DECISION IV/12 I LLEGAL TRAFFIC IN HAZARDOUS WASTES AND OTHER WASTES
The Conference
1. Welcomes the work of the Technical Working Group on confirmed cases of illegal traffic and
recognizes that the issue of illegal traffic remains a high priority with particular emphasis on cases
involving alleged illegal traffic,
(a) Appeals to Parties to bring any case or, if appropriate, alleged case of illegal traffic to
the attention of the Secretariat and to provide the Secretariat with all necessary
information to enable it to take any appropriate action, including preventive measures
through initial dissemination of information to Parties concerned,
(b) Welcomes steps taken by Parties to submit information on how Parties may have
dealt with illegal traffic, including allege d cases of illegal traffic, with regard to
difficulties they could be facing when seeking compliance with the provisions of the
Basel Convention,
(c) Recognizes that illegal traffic can take many different forms and be of different
magnitudes ranging from, for example, falsification of documents to large-scale
organized activities,
(d) Requests Parties to cooperate with each other and the Secretariat on alleged cases of
illegal traffic;
                                                     
5 The Annexes referred to in Decision IV/9 have not been reproduced in this Note, but may be
consulted in document UNEP/CHW.4/35 (18 March 1998).WT/CTE/W/86
Page 6
(e) Assigns the Consultative Sub-group of Legal and Technical Experts the task of
developing procedures to address alleged cases of illegal traffic;
(f) Adopts the draft Form for Confirmed Cases of Illegal Traffic for use by Parties in
confirmed cases of illegal traffic;
(g) Invites Parties to use this form in their reports related to confirmed cases of illegal
traffic to the Secretariat;
(h) Requests the Secretariat to report to the fifth meeting of the Conference of the Parties,
through the Open-ended Ad Hoc Committee for the Implementation of the Basel
Convention, as appropriate, on information received by Parties on cases of illegaltraffic;
2. Welcomes the convening of meetings and conferences on the prevention of illegal traffic
approved by decision III/28 and urges Parties to promote the effective participation of developing
countries in these meetings;
3. Urges Parties to fulfil their obligations under Article 9, paragraph 5 of the Basel Convention,
in particular:
(a) To promulgate, update and/or develop stringent legislation on the control of
transboundary movements of hazardous wastes;  and
(b) To incorporate in their national legislation appropriate sanctions or penalties for
illegal traffic in hazardous wastes and other wastes covered by the Basel Convention;
4. (a) Notes that the classification and characterization of wastes represent essential tools to
assist in the identification and prevention of illegal traffic;
(b) Requests the Secretariat of the Basel Convention, bearing in mind decisions I/18 and
II/23, to work closely with the United Nations Committee of Experts on the Transport
of Dangerous Goods towards the development of an appropriate classification and
labelling system;
(c) Requests the Secretariat to continue its cooperation with various regional
commissions and secretariats of regional conventions and protocols, non-
governmental organizations, industry and the private sector, as well as the World
Customs Organization and Interpol, in order to achieve better control and monitoring
of cases or alleged cases of illegal traffic in hazardous wastes and other wastes;
(d) Requests the Secretariat to organize training courses for customs officers and police
forces in cooperation with the World Customs Organization, Interpol and other
appropriate bodies, including United Nations regional commissions and secretariats
of regional agreements dealing with similar aspects;
(e) Requests the Secretariat to assist Parties in capacity building, including the
development of an appropriate infrastructure, with a view to preventing and
penalizing cases of illegal traffic in hazardous wastes and other wastes and to
ensuring the involvement of national authorities and focal points for the Basel
Convention in the prevention and monitoring of illegal traffic in hazardous wastesand other wastes;WT/CTE/W/86
Page 7
(f) Encourages Parties to build up their enforcement capacities, inter alia , through
cooperation with international bodies such as Interpol and the International Network
for Environmental Complaints, in the development of training and networking for
enforcement personnel involved in the prevention of illegal traffic;
(g) Invites Parties to promote consistency when addressing the issue of illegal traffic in
the relevant United Nations bodies, while avoiding duplication;
5. Requests the Technical Working Group and the Consultative Sub-group of Legal and
Technical Experts, at their joint meeting, keeping in mind the discussions within the Ad Hoc Working
Group of Legal and Technical Experts to Consider  and Develop a Draft Protocol on Liability and
Compensation, to develop recommended procedures to assist Parties in preventing, identifying andmanaging illegal traffic.
III. PRIOR INFORMED CONSENT CONVENTION
6
The Prior Informed Consent Convention is a new multilateral environmental agreement
negotiated under the auspices of both the United Nations Environment Programme and the Food and
Agricultural Organization of the United Nations. The text of the PIC Convention was finalized at the
Fifth Session7, and it will be adopted by Ministers at a Diplomatic Conference to be held in
September 1998 in Rotterdam, the Netherlands.  Certain provisions of the Convention, which may be
of interest to Members, are reproduced below.
PREAMBLE
The Parties to this Convention
Aware of the harmful impact on human health and the environment from certain hazardous
chemicals and pesticides in international trade,
Recalling the pertinent provisions of the Rio Declaration on Environment and Development
and Chapter 19 of Agenda 21 on "Environmentally sound management of toxic chemicals, including
prevention of illegal international traffic in toxic and dangerous products",
Mindful of the work undertaken by the United Nations Environment Programme and the Food
and Agriculture Organization of the United Nations in the operation of the voluntary Prior Informed
Consent procedure, as set out in the Amended Londo n Guidelines for the Exchange of Information on
Chemicals in International Trade (hereinafter referred to as "Amended London Guidelines") and the
FAO International Code of Conduct on the Distribution and Use of Pesticides (hereinafter referred toas the "International Code of Conduct"),
Taking into account the circumstances and particular requirements of developing countries
and countries in transition, in particular the need to strengthen national capabilities and capacities for
the management of chemicals, including transfer of technology, providing financial and technicalassistance and promoting cooperation among the Parties,
Noting the specific needs of some countries for information on transit movements,
                                                     
6 For an overview of the voluntary and the legally-binding PIC procedures, document WT/CTE/W/73
(14 January 1998) may be consulted.
7 See document UNEO/FAO/PIC/INC.5/3 (17 March 1998), which is also available at the WTO
Secretariat for consultation.WT/CTE/W/86
Page 8
Recognizing that good management practices for chemicals should be promoted in all
countries, taking into account, inter alia , the voluntary standards laid down in the International Code
of Conduct on the Distribution and Use of Pesticides and the UNEP Code of Ethics on the
International Trade in Chemicals,
Desiring to ensure that hazardous chemicals that are exported from their territory are
packaged and labelled in a manner that is adequately protective of human health and the environment,
consistent with the principles of the Amended London Guidelines and the International Code of
Conduct,
Recognizing that trade and environmental policies should be mutually supportive with a view
to achieving sustainable development,
Emphasizing that nothing in this Convention sh all be interpreted as implying in any way a
change in the rights and obligations of a Party under any existing international agreement applying to
chemicals in international trade or to environmental protection,
Understanding that the above recital is not intended to create a hierarchy between this
Convention and other international agreements,
Determined to protect human health, including the health of consumers and workers, and the
environment against potentially harmful impacts from certain hazardous chemicals and pesticides in
international trade,
ARTICLE 1O BJECTIVE
The objective of this Convention is to promote shared responsibility and cooperative efforts
among Parties in the international trade of certain hazardous chemicals in order to protect human
health and the environment from potential harm and to contribute to their environmentally sound use,
by facilitating information exchange about their characteristics, by providing for a national decision-
making process on their import and export and by disseminating these decisions to Parties.
ARTICLE 10 O BLIGATIONS IN RELATION TO IMPORTS OF CHEMICALS LISTED IN
ANNEX  III8
1. Each Party shall implement appropriate legislative or administrative measures to ensure
timely decisions with respect to the import of chemicals listed in Annex III.
2. Each Party shall transmit to the Secretariat, as soon as possible but no later than nine months
after the date of dispatch of the decision guidance document referred to in paragraph 3 of Article 7, aresponse concerning the future importation of the chemical concerned.  If a Party modifies this
response, it shall forthwith submit the revised response to the Secretariat.
3. The Secretariat shall, at the expiration of the time-period in paragraph 2, forthwith address to
a Party that has not provided such a response, a written request to do so.  Should the Party be unable
to provide a response, the Secretariat shall, where appropriate, help it to provide a response within thetime-period specified in the last sentence of paragraph 2 of Article 11.
4. A response under paragraph 2 shall consist of either:
(a) A final decision, pursuant to legislative or administrative measures:
                                                     
8 Annex III contains Chemicals Subject to the Prior Informed Consent Procedure.WT/CTE/W/86
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(i) To consent to importation;
(ii) Not to consent to importation;  or(iii) To consent to importation only subject to specified conditions;  or
(b) An interim response, which may include:
(i) An interim decision consenting to importation with or without specified
conditions, or not consenting to importation during the interim period;
(ii) A statement that a final decision is under active consideration;(iii) A request to the Secretariat or to th e Party that notified the final regulatory
action, for further information;
(iv) A request to the Secretariat for assistance in evaluating the chemical.
5. A response under (a) or (b) of paragraph 4 shall relate to the category or categories specified
for the chemical in Annex III.
6. A final decision should be accompanied by a description of any legislative or administrative
measures upon which it is based.
7. Each Party shall, no later than the date of entr y into force of this Convention for it, transmit to
the Secretariat responses with respect to each chemic al listed in Annex III.  A party that has provided
such responses under the Amended London Guidelines or the International Code of Conduct need notresubmit those responses.
8. Each Party shall make its responses under this Article available to those concerned within its
jurisdiction, in accordance with its legislative or administrative measures.
9. A Party that, pursuant to paragraphs 2 and 4 above, and paragraph 2 of Article 11, takes a
decision not to consent to importation of a chemical or to consent to its importation only underspecified conditions shall, if it has not already done so, simultaneously prohibit or make subject to the
same conditions:
(a) Importation of the chemical from any source;  and
(b) Domestic production of the chemical for domestic use.
10. Every six months the Secretariat shall inform all Parties of the responses it has received.
Such information shall include a description of the legislative or administrative measures on which
the decisions have been based, where available. The Secretariat shall, in addition, inform the Partiesof any cases of failure to transmit a response.
A
RTICLE 11 O BLIGATIONS IN RELATION TO EXPORTS OF CHEMICALS LISTED IN
ANNEX  III
1. Each exporting Party shall:WT/CTE/W/86
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(a) Implement appropriate legislative or administrative measures to communicate the
responses forwarded by the Secretariat in accordance with paragraph 10 of Article 10
to those concerned within its jurisdiction;
(b) Take appropriate legislative or administrative measures to ensure that exporters
within its jurisdiction comply with decision in each response no later than six months
after the date on which the Secretariat first informs the Parties of such response in
accordance with paragraph 10 of Article 10;
(b) Take appropriate legislative or administrative measures to ensure that exporters
within its jurisdiction comply with decisions in each response no later than six
months after the date on which the Secretariat first informs the Parties of suchresponse in accordance with paragraph 10 of Article 10;
(c) Advise and assist importing Parties, upon request and as appropriate:
(i) To obtain further information to help them to take action in accordance with
paragraph 4 of Article 10 and paragraph 2 (c) below; and
(ii) To strengthen their capacities and capabilities to manage chemicals safely
during their life-cycle.
2. Each Party shall ensure that a chemical listed in Annex III is not exported from its territory to
any  importing Party that in exceptional circumstances has failed to transmit a response or has
transmitted an interim response that does not contain an interim decision, unless:
(a) It is a chemical that, at the time of impor tation, is registered as a chemical in the
importing Party;  or
(b) It is a chemical for which evidence exists that it has previously been used in, or
imported into, the importing Party and in relation to which no regulatory action to
prohibit its use has been taken;  or
(c) Explicit consent to the importation has been sought and received by the exporter
through a designated national authority of the importing Party.  The importing Party
shall respond to such a request within sixty days and shall promptly notify the
Secretariat of its decision.
The obligations of exporting Parties under this paragraph shall apply with effect from the expiration
of a period of six months from the date on which the Secretariat first informs the Parties, in
accordance with paragraph 10 of Article 10, that a Party has failed to transmit a response or has
transmitted an interim response that does not contain an interim decision, and shall apply for one year.
A
RTICLE 14 I NFORMATION EXCHANGE
1. Each Party shall, as appropriate and in accordance with the objective of this Convention,
facilitate:
(a) The exchange of scientific, technical, economic and legal information concerning the
chemicals within the scope of this Convention, including toxicological,
ecotoxicological and safety information;WT/CTE/W/86
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(b) The provision of publicly available information on domestic regulatory actions
relevant to the objectives of this Convention;  and
(c) The provisions of information to other Parties directly or through the Secretariat on
such actions which substantially restrict one or more uses of the chemical, asappropriate.
2. Parties that exchange information pursuant to this Convention, shall protect any confidential
information as mutually agreed.
3. The following information shall not be regarded as confidential for the purposes of this
Convention:
(a) The information referred to in Annexes I and IV, submitted pursuant to Articles 5 and
6, respectively;
(b) The information contained in safety data sheets referred to in paragraph 4 of
Article 13;
(c) The expiry date of the chemical;(d) Information on precautionary measures, including hazard classification, the nature of
the risk and the relevant safety advice;  and
(e) The summary results of the toxicological and ecotoxicological tests.
4. The production date shall generally not be considered confidential for the purposes of this
Convention.
5. Any Party requiring information on transit movements through its territory of chemicals listed
in Annex III may report its need to the Secretariat which shall inform all Parties accordingly.
A
RTICLE 16 T ECHNICAL ASSISTANCE
The Parties shall, taking into account in particular the needs of developing countries and
countries with economies in transition, cooperate in promoting technical assistance for the
development of the infrastructure and the capacity necessary to manage chemicals to enable
implementation of this Convention.  Parties with more advanced programmes for regulating chemicals
should provide technical assistance, including training to other Parties in developing theirinfrastructure and capacity to manage chemicals throughout their life-cycle.
A
RTICLE 20 S ETTLEMENT OF DISPUTES
1. Parties shall settle any dispute between them concerning the interpretation or application of
the Convention through negotiation or other peaceful means of their own choice.
2. When ratifying, accepting, approving or acceding to this Convention, or any time thereafter, a
Party that is not a regional economic integration organization may declare in a written instrument
submitted to the Depositary that, with respect to any dispute concerning the interpretation orapplication of the Convention, it recognizes one or both of the following means of dispute settlement
as compulsory in relation to any Party accepting the same obligation:WT/CTE/W/86
Page 12
(a) Arbitration in accordance with procedures adopted by the Conference of the Parties in
an annex as soon as practicable;  and
(b) Submission of the dispute to the International Court of Justice.
3. A Party that is a regional economic integration organization may make a declaration with like
effect in relation to arbitration in accordance with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in force until it expires in
accordance with its terms or until three months after written notice of its revocation has been
deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new declaration shall not in any way
affect proceeding pending before an arbitral tribunal or the International Court of Justice unless the
parties to the dispute otherwise agree.
6. If the parties to a dispute have not accepted the same or any procedure pursuant to
paragraph 2, and if they have not been able to se ttle their dispute within twelve months following
notification by one Party to another that a dispute exists between them, the dispute shall be submitted
to a conciliation commission at the request of any party to the dispute. The conciliation commission
shall render a report with recommendations.  Additional procedures relating to the conciliation
commission shall be included in an annex adopted by the Conference of the Parties no later than thesecond meeting of the Conference of the Parties.
IV. CONVENTION ON BIOLOGICAL DIVERSITY
At their fourth meeting, Parties to the CBD adopted 19 decision.  Extracts of 5 of those
decisions are reproduced below.  The full text of the decisions can be found on the internet at thefollowing address:  www.biodiv.org.
The fifth meeting of the Conference of the Parties will be held in Nairobi, Kenya, at a date to
be specified.
DECISION IV/3 ISSUES RELATED TO BIOSAFETY
In 1995, the second Conference of the Parties to the Convention on Biological Diversity, in its
decision II/59, established an Open-ended Ad Hoc Work ing Group mandated to develop a draft
Protocol for the Safe Transfer, Handling and Us e of Living Modified Organisms ("Biosafety
Protocol").  The Working Group has met four times and is expected to complete its work by
February 1999 at the latest.  It has been decided t hat the last meeting of the Ad Hoc Working Group
will be immediately followed by an extraordinary meeting of the Conference of the Parties to adopt
the Protocol .10
                                                     
9 See document WT/CTE/W/18.
10 The revised consolidated text of the draft ar ticles is contained in doc. UNEP/CBD/BSWG/5/Inf.1,
23 February 1998.WT/CTE/W/86
Page 13
DECISION IV/6 A GRICULTURAL BIOLOGICAL DIVERSITY
The Conference of the Parties,
…9. Requests the Executive Secretary, as a complement to decision III/17, paragraph 6, to apply
for observer status in the Committee on Agriculture of the World Trade Organization for the purpose
of representing the Convention in meetings whose agendas may influence implementation of
decision III/11 and related decisions of the Conference of the Parties;11
10. Requests the Executive Secretary to report to the Conference of the Parties on the impact of
trade liberalization on the conservation and sustainable use of agricultural biological diversity in
consultation with relevant bodies, such as the World Trade Organization;
…
DECISION IV/8 A CCESS AND BENEFIT SHARING
The Conference of the Parties,
…3. Decides to establish a regionally balanced panel of experts appointed by Governments,
composed of representatives from the private and the public sectors as well as representatives of
indigenous and local communities, operating in accordance with decisions II/15, III/11 and III/15,
under the Conference of the Parties and reporting to its next meeting.  The mandate of this panelwould be to draw upon all relevant sources, includ ing legislative, policy and administrative measures,
best practices and case-studies on access to genetic resources, including the whole range of
biotechnology, in the development of a common understanding of basic concepts and to explore all
options for access and benefit sharing on mutually agreed terms including guiding principles,
guidelines, and codes of best practice for access and benefit-sharing arrangements.  These options
might address, inter alia , the elements set out in the annex to the present decision;
…
D
ECISION IV/9 I MPLEMENTATION OF ARTICLE 8(J) AND RELATED PROVISIONS
The Conference of the Parties,…1. Decides that an ad hoc open-ended inter-sessional working group be established to address
the implementation of Article 8(j) and related provisions of the Convention.  The mandate of this
working group shall be:
(a) To provide advice as a priority on the application and development of legal and other
appropriate forms of protection for the knowledge, innovations and practices of
indigenous and local communities embodying traditional lifestyles relevant for theconservation and sustainable use of biological diversity;
                                                     
11 NB:  see document WT/CTE/W/44.WT/CTE/W/86
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(b) To provide the Conference of the Parties with advice relating to the implementation
of Article 8(j) and related provisions, in particular on the development and
implementation of a programme of work at national and international levels;
(c) To develop a programme of work, based on the structure of the elements in the
Madrid report (UNEP/CBD/COP /4/10/Add.1) as set out in the annex to the present
decision;
(d) To identify those objectives and activities falling within the scope of the Convention
to recommend priorities taking into account the programme of work of the
Conference of the Parties, such as the equitable sharing of benefits;  to identify for
which work-plan objectives and activities advice should be directed to the Conferenceof the Parties and which should be directed to the Subsidiary Body on Scientific,
Technical and Technological Advice;  to recommend which of the work-plan
objectives and activities should be referred to other international bodies or processes
with the aim of fostering synergy and avoiding duplication of work;
(e) To provide advice to the Conference of the Parties on measures to strengthen
cooperation at the international level among indigenous and local communities
embodying traditional lifestyles relevant to the conservation and sustainable use of
biological diversity and make proposals for the strengthening of mechanisms that
support such cooperation;
…D
ECISION IV/15 T HE RELATIONSHIP OF THE CONVENTION WITH THE COMMISSION ON
SUSTAINABLE DEVELOPMENT AND BIODIVERSITY -RELATED
CONVENTIONS , OTHER INTERNATIONAL AGREEMENTS , INSTITUTIONS
AND PROCESSES OF RELEVANCE
The Conference of the Parties,
…
7. Takes note of the Executive Secretary's observer status in the Committee on Trade and
Environment of the World Trade Organization for the purpose of representing the Convention on
Biological Diversity in meetings whose agendas have relevance to the Convention;
8. Also notes that some Parties to the Convention on Biological Diversity, particularly many
developing countries, are not members of the World Trade Organization, and are therefore limited in
their abilities to present their concerns regarding biological diversity at the World Trade Organization;
9. Stresses the need to ensure consistency in implementing the Convention on Biological
Diversity and the World Trade Organization agreements, including the Agreement on Trade-Related
Intellectual Property Rights, with a view to promoting increased mutual supportiveness and
integration of biological diversity concerns and the protection of intellectual property rights, and
invites the World Trade Organization to consider how to achieve these objectives in the light of
Article 16, paragraph 5, of the Convention, taking into account the planned review of Article 25,
paragraph 3(b), of the Agreement on Trade-related Aspects of Intellectual Property Rights in 1999.
10. Emphasizes that further work is required to help develop a common appreciation of the
relationship between intellectual property rights and the relevant provisions of the Agreement on
Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity, inWT/CTE/W/86
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particular on issues relating to technology transfer and conservation and sustainable use of biological
diversity and the fair and equitable sharing of benefits arising out of the use of genetic resources,
including the protection of knowledge, innovations and practices of indigenous and local communities
embodying traditional lifestyles relevant for the conservation and sustainable use of biological
diversity.
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