./.WORLD TRADE
ORGANIZATIONTN/TE/W/7
7 June 2002
(02-3175)
Committee on Trade and Environment
Special SessionOriginal:  English
SUGGESTED PROCEDURE FOR THE NEGOTIATIONS UNDER
PARAGRAPH 31(i) OF THE DOHA DECLARATION
Submission by Australia1
Paragraph 31 (i)
1. Paragraph 31(i) of the Doha Declaration provides for negotiations on the relationship between
existing WTO rules and specific trade obligations set out in multilateral environmental agreements
(MEAs).  Ministers agreed that the negotiations shall be limited in scope to the applicability of such
existing WTO rules as among the parties to the MEA in question, and shall not prejudice the WTOrights of any Member that is not a party to the MEA in question.
2. At the CTE Special Session on 22 March 2002, Australia proposed that discussions should
begin by (a) identifying the most relevant MEAs with specific trade obligations; (b) examining the
nature of those specific trade obligations and (c) id entifying the relevant WTO rules that apply.  This
paper sets out a procedural approach for the negotiations consistent with the mandate provided in theDoha Declaration.
I. SUGGESTED PROCEDURE
3. Australia proposes a three-phase process. It should be up to Members to decide the
appropriate time that the CTESS should spend on each phase.
Phase One
4. During the first phase, the CTESS should identify (a) the “ specific trade obligations in
multilateral environmental agreements ” that are to be discussed, and (b) the WTO rules  that are
relevant to these obligations.
5. Previous CTE discussion on the relationship between WTO rules and MEA provisions has
focused on “trade measures” for environmental purposes.  However, as highlighted in the recent
submission made by Argentina (TN/TE/W/2), the term “trade measures” is different from the phraseagreed by Ministers – “specific trade obligations” – in the Doha Declaration.
6. Bearing in mind the important distinction between these two terms, an efficient way to
proceed would be examine the range of MEA trade measures summarized in the document prepared
by the CTE Secretariat, “ Matrix of Trade Measures Pursuant to MEAs ” (WT/CTE/W/160/Rev.1) in
order to identify which of these measures are “specific trade obligations”.
2
                                                     
1 This submission is without prejudice to Australia’s rights and obligations under the WTO Agreement.
2 The Matrix summarizes trade-related meas ures in fourteen multilateral instruments.TN/TE/W/7
Page 2
7. Once these specific trade obligations have been identified, the CTESS should identify any
relevant WTO rules that have to be considered in relation to any action that might be taken by WTO
Members pursuant to each obligation.
8. Early identification of the specific trade obligations and WTO rules covered by the mandate
will ensure Members are able to focus discussion in subsequent phases, consistently with the mandate,on the applicability of WTO rules as among WTO Members that are parties to a MEA.  By discussing
particular specific trade obligations and particular WTO rules these negotiations can help ensure that
the balance of rights and obligations under existing WTO agreements is maintained, including for
WTO Members that are not parties to a particular MEA.
Phase Two
9. Once WTO Members have identified the specific trade obligations and the particular WTO
rules at issue, information sessions with relevant MEA Secretariats can be used to seek information
from these secretariats, and from WTO Members' own experiences, concerning these provisions.  This
process can be used to determine whether there have been particular implementation issues with these
“specific trade obligations”.
10. It will be important in this phase to identify  any real issues being dealt with by those
Members implementing their obligations under the relevant MEA and the WTO, as opposed to
discussing theoretical or hypothetical scenarios.
Phase Three
11. The third phase would involve discussion of matters arising from the work undertaken in
phases one and two, and focus on the outcome of the negotiations.
12. Ministers have made clear the context for the negotiations under paragraph 31 – that they are
being undertaken to enhance the mutual supportiveness of trade and environment.  Ministers have
expressly provided in paragraph 32 that the outcome of the negotiations carried out under paragraph
31(i) shall be compatible with the open and non-discriminatory nature of the multilateral tradingsystem, shall not add to or diminish the rights and obligations of Members under existing WTO
agreements, in particular the Agreement on the Application of Sanitary and Phytosanitary Measures,
nor alter the balance of these rights and obligations.
II. SUMMARY
13. WTO rules currently provide for Members to pu rsue environmental objectives, just as they
provide for Members to pursue other public policy goals.  In the context of trade and environment,
these rules enable Members to pursue their policy objectives while taking account of their obligationsto avoid or minimize any resulting trade distortions.  This is an appropriate balance.
14. In order to genuinely understand any concerns in this area, and to deliver a mutually
supportive outcome in line with the mandate agreed by Ministers, WTO Members will need to
proceed carefully with these negotiations.  The procedural approach outlined above provides a
balanced and practical structure that will ensure that Members are able to engage in a constructivenegotiation within the bounds of the agreed mandate.
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