WORLD TRADE
ORGANIZATIONTN/TE/W/35/Rev.1*
3 July 2003
(03-3576)
Committee on Trade and Environment
Special SessionOriginal:  English
IDENTIFICATION OF MULTILATERAL ENVIRONMENTAL AGREEMENTS (MEAS)
AND SPECIFIC TRADE OBLIGATIONS (STOS)
Submission by China
Paragraph 31(i)
Revision
I. INTRODUCTION
1. China shares the views of many Members that the CTESS has entered into an analytical stage
of work.  It is very helpful for Members to submit their views and experiences in identifying STOs
from MEAs under the Paragraph 31(i) mandate.  A consensus among us could be more easily reached
through a pragmatic and analytical discussion on Paragraph 31(i).
2. China wishes to contribute through this submission to the analytical work of the CTESS by
elaborating criteria for the identification of an MEA a nd an STO.  In Part IV of this paper, we try to
categorize the STOs from various perspectives.  This categorization is China’s technical input for the
identification of STOs.  It does not intend to prejudge the outcome of future work in these
negotiations.  The three selected MEAs in the Annex are only used as an example to identify STOs in
the provisions of various MEAs.
II. CRITERIA FOR IDENTIFYING AN MEA
3. MEAs are international treaties designed to protect and improve environment, and properly
exploit natural resources.  The contracting parties of an MEA should implement the obligations
stipulated in the MEA.  We believe that MEAs referred to in Paragraph 31(i) should be identified in
light of the following elements:
• AUTHORITATIVENESS
MEAs should have been negotiated under the auspices of the United Nations system.
The Agreements should be deposited with Secretary-General of the UN or
Director-Generals of the relevant specialized agencies of the UN.
• UNIVERSALITY
An MEA in question should have a substantial number of contracting parties which
account for a majority of WTO Members.
• OPENNESS
The agreement should be open for accession by relevant parties, which is eligible on
the terms applied to the original contracting parties of the agreement.
                                                     
* China has requested the WTO Secretariat to issue this revised version of document TN/TE/W/35.
Please note that revisions to the original document have been made throughout.TN/TE/W/35/Rev.1
Page 2
• IMPACT ON TRADE
MEAs should contain explicit trade measures; the implementation of these measures
should exert a substantial impact on trade.
• EFFECTIVENESS
A selected MEA should be in force and open for accession.
4. China welcomes the work carried out by the CTE Secretariat and considers that document
WT/CTE/W/160/Rev.1, “Matrix on Trade Measures Pursuant to Selected MEAs”, provides useful
information for WTO Members in the analytical exercise of identifying STOs, although not all of
them can be regarded as MEAs under Paragraph 31(i).
III. CRITERIA FOR IDENTIFYING AN STO
5. MEAs have a wide range of protection targets.  However, each MEA has its own speciality
that is revealed in the name of the MEA.  Among the measures designed to achieve the objective of an
MEA, some are trade-related.  We believe that only those trade measures that are specific andmandatory can qualify as STOs under Paragraph 31(i).  STOs can be identified in the light of the
following elements:
• OBJECTIVE - The measures are designed to achieve the objective of MEAs, i.e. to
protect and improve environment and to protect natural resources.
• TRADE-RELATED - Measures that we all recognize from the WTO context as
being related to import and export, and whose implementation can exert an actual
impact on trade.
• RELEVANCE - Trade measures stipulated in MEAs that are related to WTO
disciplines.
• MANDATORY  - Trade measures that are explicitly provided for and mandatory in
MEAs.
• SPECIFICITY  - Measures to be implemented must be explicitly provided for and
clearly identified in the Agreement. They must not be arbitrarily interpreted orsubstituted by other measures.
IV. CATEGORIZATION OF STOS
6. STOs set out in MEAs can cover a wide spectr um of possibilities.  We have categorized STOs
from various perspectives with a view to unde rstanding and implementing STOs adequately and
addressing their relationship with WTO disciplines.
7. Categorization According to the Source of STOs
(1) STOs under preamble of MEAs;
(2) STOs under provisions of MEAs;
(3) STOs under annexes of MEAs;
(4) STOs under amendments of MEAs;
(5) STOs in the decisions of the Conference of Parties (COP) of MEAs.
8. STOs set out in the provisions and annexes of MEAs are the least disputable.  It is reasonable
to regard the amendments of MEAs and decisions by the COPs as constituent parts of MEAs.
However, given the various situations in which the amendments and decisions were made, it is
preferable that STOs contained therein be identified on a case-by-case basis.TN/TE/W/35/Rev.1
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9. Categorization according to the impacts of STOs on Trade
Category A:  Trade Restrictions or Bans
(1) Mandatory trade restrictions on imports;
(2) Mandatory trade restrictions on exports;
(3) Mandatory trade bans on imports;(4) Mandatory trade bans on exports.
10. Category B:  Exporting and Importing Procedures and Measures
(1) Exporting procedures that must be complied with by contracting exporters
(2) Importing procedures that must be complied with by contracting importers
(3) Measures taken in the course of handling, transportation, packaging and labelling
(4) Measures taken to facilitate the process of trade
V. CONCLUSION
11. China believes that the CTESS is now making good progress on Paragraph 31(i) in a practical
and analytical manner.  The identification of STOs in MEAs will be conducive to the work of the
CTESS in examining the relationship between these two distinct sets of international obligations.  Itcould help consensus building among WTO Members on STOs through an analytical step-by-step
approach.  Therefore, we would like to see more Members continue to identify examples of STOs in
MEAs.TN/TE/W/35/Rev.1
Page 4ANNEX
SELECTED MEAS, AND STOS IN MEAS
Information on
MEAs/WTO membership
Name of MEAs
Parties WTO
MembersTrade-related measures STOsRemarks
1Convention on
International Trade inEndangered Species ofWild Fauna and Flora  CITES161 132Articles II, III, IV, V, VI,
VII ,VIII, XIVArticles
III,IV,V,VI.Based on the rarity and degree to which a species is
endangered, the treaty stipulates explicitly andprecisely the obligations that Parties must comply within international trade in three appendices onendangered species.
2Montreal Protocol on
Substances that Depletethe Ozone Layer
  MP184 143 Article 4Article 4 (a, b, c).Rigid trade restrictions on ODS, ODS production, ODS
technology, etc., between Parties and non-Parties arespecific and mandatory.
3Basel Convention on the
Control of Transboundary
Movements of HazardousWastes and TheirDisposal156 124 Articles 4, 6, 8.Articles 4.1.b,
4.1.c,
4.2.e4.54.66Specific PIC procedure and mandatory restrictions or
bans on imports/exports of dangerous wastes are
explicitly provided for.
Source:  The Information on MEA/WTO membership is from WT/CTE/W/160/Rev.2, 25 April 2003
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