. /.WORLD TRADE
ORGANIZATIONTN/TE/W/21
10 February 2003
(03-0844)
Committee on Trade and Environment
Special SessionOriginal:  French
MEETING OF THE SPECIAL SESSION OF THE COMMITTEE ON TRADE
AND ENVIRONMENT, 12-13 FEBRUARY 2003
Contribution by Switzerland
Paragraph 31(i)
We agreed at the last meeting to turn our attention today to the question of  "specific trade
obligations"  set out in MEAs.  As we emphasized in our previous submissions (TN/TE/W/4 and
TN/TE/W/16), Switzerland considers that the term s contained in the Doha Ministerial Declaration
need to be clarified in order to establis h a link with so-called conceptual issues.
In the most recent deliberations, various categories were identified and discussed by a number
of delegations.  Allow me, Madam Chairman, to make some substantive comments and to outline our
position as set forth in our submissions:
• Switzerland considers that the purpose of this exercise should not be to analyse the
consistency of MEAs, and the measures for which they provide, with WTO rules.  Onthe other hand, we expect this discussion to result in greater transparency with regard
to the interpretation given by Members of the concept of "specific trade obligations",
as referred to in the Doha mandate.
• In this connection, Switzerland is of the view that two categories  come under the
heading of "specific trade obligations":
(i) Trade measures that are explicitly provided for and mandatory under
MEAs :  This first category comprises all MEAs which explicitly mention a
trade measure adopted in pursuit of a specific objective.  This is the case of
the CITES, for example, under which trade in species threatened with
extinction – which are or could be affected by trade – is permitted only inexceptional circumstances.  To illustrate our point, let us take plant X
included in Appendix I to the CITES, which lists the species that are affected
by trade and are subject to strict regulation.  If Member A prohibits the
import of plant X pursuant to Appendix I of the CITES, such a measure
should be regarded as a specific trade obligation and would hence be coveredby the solution negotiated among the WTO Members under paragraph 31(i).
The other MEAs covered by this first category are the following:  Stockholm
Convention (POPs), Protocol on Biosafety (Cartagena), and the Basel
Convention.
(ii) Other measures that are appropriate and necessary to achieve an MEA
objective:  This second category comprises all MEAs setting out types of
measures and policies that can and must be adopted in pursuit of a specific
objective negotiated by the contracting parties.  These MEAs give contractingTN/TE/W/21
Page 2
parties some latitude with regard to the trade-related measure to be adopted.
One example is the Kyoto Protocol which has as its objective to reduce
emissions of greenhouse gases.  The measures to be taken to that end may
relate to a number of spheres – taxation, rules and standards, and so forth
(Article 2.1 of the Protocol).  (Let us take Member A, which is listed inAnnex I to the Protocol along with th e other countries that have undertaken
greenhouse gas reduction commitments. If Member A prohibits the
importation and use of emission filters for industry on the grounds that they
do not meet national standards in terms of retention of substances that
adversely affect the concentration of greenhouse gases, such a measure
should be regarded as a specific trade obligation covered by the solution
negotiated among WTO Members under paragraph 31(i).  Indeed, itcontributes to the implementation and achievement of the object of the
Protocol, which provides for an " obligation de résultat " (obligation to
achieve results).  This second category thus encompasses MEAs which
specify:
- an obligation to achieve results, and
- the spheres in which a measure may be taken.  Measures that may be adopted
in order to fulfil the obligation to achieve results are thus not explicitly
named but implicitly derive from the sphere in which they should be taken
(e.g. the fiscal sphere implies fiscal measures).
Other MEAs covered by this second category are the following:  Rotterdam
Convention (PIC), Montreal Protoc ol, ICCAT, CCAMLR, CBD and ITTO.
All the trade-related measures provided for in any of the MEAs referred to above are
presumed to be necessary for the protection of the environment.  Such mandatory  trade obligations,
as explicitly  provided for in an MEA, may be deemed to be consistent with the WTO rules among
the MEA parties.  This principle obviously requires Members negotiating an MEA to make sure that
the MEA does not include unnecessary, arbitrary, protectionist or unjustifiably discriminatory trade-
related measures.  It should be noted, however, that the practical implementation  of trade-related
measures might still be challenged where a Member has used its discretion in a manner out of keeping
with its WTO obligations.
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