WORLD TRADE
ORGANIZATIONTN/TE/W/23
20 February 2003
(03-1089)
Committee on Trade and Environment
Special SessionOriginal:  English
RELATIONSHIP BETWEEN SPECIFIC TRADE OBLIGATIONS SET OUT IN MEAS
AND WTO RULES
Submission by India
Paragraph 31(i)
I. INTRODUCTION
1. Several submissions have been made in the Committee on Trade and Environment Special
Session (CTESS) attempting to understand and clarify the mandate contained in paragraph 31(i) of theDoha Ministerial Declaration (DMD).  The submissi ons have underlined the need to clarify the terms
that form the cornerstone of the mandate under paragraph 31(i) of the Doha Declaration.
2. It is in this regard that India would like to contribute to the negotiations by sharing its
interpretation of:
(a) The types of "multilateral environmental agreements" (MEAs);  and
(b) the "specific trade obligations" (STOs)
that may form the core of these discussions.  With this in view, a "Table of Trade Measures"
has been annexed to this submission.  This Table is expected to lead the discussion towards
consideration of the practical consequences of any interpretation and moving away from an
overly-theoretical debate.
3. It is underlined that this is neither an exhaustive list of provisions in the MEAs analysed, nor
is it a comprehensive list of MEAs that have STOs, nor an assumption that these necessarily need a
solution under paragraph 31(i).  The analysis is intended to be an illustration of the approach to and
the nature of work required in the negotiations on the mandate in paragraph 31(i) of the
Doha Declaration.
II. TYPES OF MULTILATERAL ENVIRONMENTAL AGREEMENTS
4. The debate on what constitutes an MEA is not new, but it acquires a particular meaning in
light of the Doha Mandate.  India is of the view that the criteria for considering an environmental
agreement as an MEA should have the following elements:
(i) It should have been negotiated under the aegis of the United Nations or
specialized agencies like UNEP;
(ii) its procedures should stipulate that participation in the negotiations is open to
all countries;TN/TE/W/23
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(iii) there must have been effective participation in the negotiations by countries
belonging to different geographical regions and by countries at different
stages of economic and social development;  and
(iv) the Agreement should provide for procedures for accession of countries
which are not its original members and on terms that are equitable in relationto those of its original participants.
5. India believes that the term "MEAs" contained in paragraph 31(i) of the Doha Mandate must
necessarily mean an MEA that has entered into force.
6. Japan’s qualification of an MEA as one that " …reflects the interests of major Parties
concerned, such as Parties with substantial trade interests, actual and potential major producers and
consumers of materials concerned"  
1 is perhaps more appropriate for a plurilateral agreement since it
introduces a distinction between WTO Members by dividing them into formal categories – "majorParties" and "others".  This qualification, in our view, is not relevant in the present context.
III. SPECIFIC TRADE OBLIGATIONS
7. A number of delegations have given their views regarding what constitutes a STO.  India
believes that the term " specific trade obligation"  has three elements that must be considered together
i.e. the provision must be specific with a trade  element and should be in the nature of an obligation .
Thus, any provision in an MEA to qualify as an STO must be specific and mandatory in character,
and so precise in its direction that there can be no doubt about the action or restraint that a party to the
MEA must adopt.
8. MEAs contain a number of trade related measures, which could be categorised as follows:
(i) A trade measure that is both mandatory and specific in its entirety.
Article 4.1 (b), (c) of the Basel Convention according to which Parties are obliged to
prohibit export of covered waste to Parties that have banned such imports or do not
consent in writing to the specific import.
(ii) only the outcome to be achieved is identified with a list of appropriate
measures that Parties could implement to achieve the desired outcome.
Article 6.2 of the Basel Convention requires the State of import to respond to the
notifier in writing, by either consenting to the movement with or without conditions,
or denying permission for the movement, or requesting additional information.
(iii) the outcome to be achieved is identified, however the measures which could
be implemented to achieve that outcome are not specified.
Article 16 of the Cartagena Protocol dealing with "Risk Management" states that the
Parties shall, taking into account Article 8 (g) of the Convention, establish andmaintain appropriate mechanisms, measures and strategies to regulate, manage and
control risks identified in the risk assessment provisions of this Protocol associated
with the use, handling and trans-boundary movement of living modified organisms.
                                                     
1 See Submission by Japan, TN/TE/W/10, 3 October 2002, paragraph 10.TN/TE/W/23
Page 3
This provision fails to be specific as to the nature of the measure, although it contains
an obligation.
(iv) additional and more stringent measures to achieve the overall objectives of
the MEA which are more in the form of a right granted to a Party as opposed
to an obligation.
Article XIV.1 of CITES states that the provisions of the Convention shall in no way
affect the right of Parties to adopt stricter domestic measures regarding the
conditions for trade, taking, possession or transport of specimens of species (whether
included in the Appendices or not) or the complete prohibition thereof.
9. India believes that the mandate given under paragraph 31(i) of Doha Declaration refers to
only the first category of trade measures that are both mandatory and specific in their entirety .  In
India’s view, non-specific provisions cannot qualify as an STO .  Also if the provision set out in the
MEA does not contain the crucial " obligation " element, such provisions too would fail to qualify.
10. While identifying STOs several other aspects are also relevant in considering the specificity,
as a number of trade obligations are not specific in their entirety, that is, they contain non-specific
elements as well.  For instance, Article 13.1 of the Rotterdam Convention states that:  " The
Conference of the Parties shall encourage th e World Customs Organization to assign specific
Harmonized System customs codes to the individual chemicals or groups of chemicals listed in
Annex III, as appropriate.  Each Party shall require that, whenever a code has been assigned to such
a chemical, the shipping document for that chemical bears the code when exported" .  The second
sentence of the provision could qualify as an STO but the first sentence would clearly not.
Furthermore, several provisions have to be read with another provision containing a trade obligationto understand whether it is specific or not.
IV. CONFERENCE OF THE PARTIES
11. Another related and important issue is how to  deal with the decisions, resolutions and
recommendations of the Conference of Parties of MEAs .  When approaching the question of whether
STOs contained in COP decisions, resolutions, and recommendations should be treated as "STOs setout in MEAs", as per the Doha Mandate, one may seek guidance from general principles pertaining to
MEAs and the role of COPs .  This issue is attempted to be clarified hereunder.
12. Typically, the Conference of the Parties (COP) exist to:
• Review implementation based on reports submitted by governments;
• consider new information from governments, NGOs and individuals to make
recommendations to the Parties on implementation;
• make decisions necessary to promote effective implementation;
• revise the treaty if necessary;
• act as a forum for discussion on matters of importance.
2
13. A COP decision, resolution, and recommendation may differ in several manners .  The
question is whether the COP decisions, resolutions and recommendations which generally help in
directing the work of the COP , i.e. are more of internal procedures or are substantive in nature?
However, it seems that, exceptionally, COPs may have genuine law-making powers, such as the
                                                     
2 Global Environment Outlook (GEO)-2000, Chapter 3, "MEAs and Non-Binding Instruments".TN/TE/W/23
Page 4
power to amend the Annexes attached to an MEA, as under Article XV of CITES.3  In that case, an
amendment must be adopted by a specified majority of Parties .  The amendment so adopted, shall
enter into force after the lapse of a specified time-frame and will be binding on all Parties, except for
those Parties that made reservations .  India believes that another relevant question is whether STOs
contained in COP Decisions can be viewed separa tely from their incorporation in the MEA text,
Annex or Protocol?
14. Considering the above, it appears that the nature of each COP decision must be scrutinized
prior to asserting that STOs contained in such decisions are to be treated as "set out in MEAs".
V. BRIEF COMMENTS ON MEMBER SUBMISSIONS
15. The submission of the European Communities contains four broad categories of "measures
arising from trade obligations".4  As a general observation, it needs to be considered whether the
usage of civil law terminology, such as " obligation de résultat ", with its well-recognized
connotations, is adequate to further the dialogue with a large number of WTO Members with common
law or other legal regimes in place .  Further clarification is required on the term " obligation de
résultat " in common law.
16. On a more specific level, other delegations submitted examples of MEA provisions that could
qualify as "trade measures explicitly provided for and mandatory under MEAs" .  However, India
believes that some of these provisions require closer scrutiny .  For instance, Japan states that
Articles 6 to 9 of the Basel Convention are "trade measures explicitly provided for and mandatory
under MEAs".5  This is a rather broad statement, as may be illustrated by an analysis of Article 9,
which comprises five subheadings .  The first, defines "illegal traffic" and does not contain a trade
obligation in itself .  The second , requests the State of export to ensure that wastes are taken back, or
"otherwise disposed of";  and the third , that these would be disposed of in an "environmentally sound
manner"; the fourth  that these would be disposed of "as soon as possible in an environmentally sound
manner" – terms that all fail to meet the standard of "specificity" .  The fifth, requests the Parties to
introduce "appropriate national/domestic legislation to prevent and punish illegal traffic" and
encourages Parties to "co-operate with a view to achieving the objects of this Article" .  Article 9 is a
clear illustration of provisions that, in our view, are not specific as to the means to achieve an
outcome (not specific in its entirety), and hence would not qualify as an STO.
VI. CONCLUSION
17. India sees benefit in furtherance of the negotiations in identifying the STOs set out in MEAs
prior to discussing its outcome, since it would help appreciate the likely consequences as well as
strengthening the logic behind any of the suggested outcomes .  In this regard, it is hoped that the
"Table of Trade Measures" will help the delegations in identifying STOs set out in MEAs.
18. India believes that the mandate given under paragraph 31(i) of the Doha Declaration refers
only to the trade measures that are mandatory and specific in their entirety .  In cases where specificity
                                                     
3 See also Article XI.3(b) of the CITES.
4 Submission by the EC, TN/TE/W/1, 21 March 2002, paragraph 25.  To know:  (1) "Trade measures
explicitly provided for and mandatory under MEAs";  (2) "Trade measures not explicitly provided for nor
mandatory under the MEA itself but consequential of the "obligation de résultat" of the MEA";  (3) "Trademeasures not identified in the MEA which has only an "obligation de résultat" but that Parties could decide toimplement in order to comply with their obligations";  (4) "Trade measures not required in the MEA but whichParties can decide to implement if the MEA contains a general provision stating that parties can adopt stringentmeasures in accordance with international law".
5 Submission by Japan, TN/TE/W/10, 3 October 2002, paragraph 11.TN/TE/W/23
Page 5
and obligation depend on other related factors or decisions, work must be undertaken to clarify the
exact nature of such provisions .  Further it proposes sharing of information and examination by the
WTO and MEA Secretariats of the precise legal nature of various COP instruments to help understand
their implications for the Doha Mandate as contained in paragraph 31(i).TN/TE/W/23
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ANNEX – Table of Trade Measures
I. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF
WILD FLORA AND FAUNA
TRADE RELATED MEASURE COMMENTS
Article II  – CITES regulates trade in endangered species by
defining conditions under which import and export permits
may be issued.  The conditions are differentiated according to
a classification system based on three appendices of protected
species.Article II – Contains the
fundamental principles of the MEA.
Article III.2  – The export of any specimen of a species
included in Appendix I shall require the prior grant andpresentation of an export permit this will be granted if; (a)
according to the Scientific Authority the export is not
detrimental;  (b) according to the Management Authority it
complies with the laws of the State.Article III.2 – Contains trade
obligations but the sub clauses whichdo not contain obligations need to be
read together to bring specificity.
Article III.3  – The import (…) will require the prior grant and
presentation of an import permit and either an export or a re-
export certificate.Article III.3 – Contains trade
obligation.  The sub clauses which do
not contain obligations may be read
together with the main provisions.
Article III.4  – Re-export shall require the prior grant and
presentation of a re-export certificate.Article III.4 – Contains trade
obligation.  The sub-clauses which
do not contain obligations may be
read together with the main
provisions.
Article IV.2 -  Export requires the prior grant (based on
assessment according to sub-clause (a), (b), (c) and (d) and
presentation of an export permit.Article IV.2 – Contains trade
obligation.  The sub clauses which do
not contain obligations may be read
together with the main provisions.
Article IV.3  – Authorizes each Parties to monitor the issuance
of export permits and actual export of Annex II species and
allows them to advise the Management Authority of the
exporting Party, to take " suitable measures " relating to export
in order to maintain that species throughout its rangeArticle IV.3 – Refers to the
monitoring rights of other Parties.
Article IV.4, 5, 6 & 7  – Requires the presentation of an export
and re-export permit before import.Article IV.4, 5, 6 & 7 – Contains
trade obligation.  The sub-clauses
which do not contain obligations may
be read together with the mainprovisions.TN/TE/W/23
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TRADE RELATED MEASURE COMMENTS
Article V.2  – Export shall require prior grant (based on
sub-clause (a) and (b) and presentation of an export permit.Article V.2 – Contains trade
obligation.  The sub-clauses which
do not contain obligations may be
read together with the mainprovisions.
Article V.3  – Import shall require the prior presentation of a
certificate of origin, and an export permit, if the species is
from a State that has included it under App. III.Article V.3 – Contains trade
obligation.
Article V.4  – For re-export, a certificate is required from the
Management Authority of the State of re-export, stating that
the specimen was processed in that State.Article V.4  – Contains trade
obligation.
Article VI - Regulates permits and certificates for import and
export permits required under Articles III, IV and V.Article VI – Contains trade
obligation.
Article VIII  – Parties shall take appropriate measures to
enforce the provisions of the present Convention and to
prohibit trade in specimens in violation of the Convention.Article VIII – Encourages Parties to
take appropriate measures to enforce
the provisions of the Convention.
Article XIV  – Authorises Parties to take stricter domestic
measures.Article XIV – Refers to the right of a
Party to adopt stricter domestic
measures.TN/TE/W/23
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II. MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER
TRADE RELATED MEASURE COMMENTS
Article 4A:  Control of trade with Parties
1. Where, after the phase-out date applicable to it for a
controlled substance, a Party is unable, despite having taken all
practicable steps to comply with its obligation under the
Protocol, to cease production of that substance for domestic
consumption, other than for uses agreed by the Parties to be
essential, it shall ban the export of used, recycled and
reclaimed quantities of that substance, other than for the
purpose of destruction.Article 4A (1)  – Contains trade
obligation.
Article 4B:  Licensing
1. Each Party shall, by 1 January 2000 or within three
months of the date of entry into force of this Article for it,
whichever is the later, establish and implement a system for
licensing the import and export of new, used, recycled and
reclaimed controlled substances in Annexes A, B, C and E.
2. Notwithstanding paragraph 1 of this Article, any Party
operating under paragraph 1 of Article 5 which decides it is not
in a position to establish and implement a system for licensing
the import and export of controlled substances in Annexes C
and E, may delay taking those actions until 1 January 2005 and
1 January 2002, respectively.Article 4B (1) – Describes the
obligation of a Party to adopt a
licensing system by January 2000,
but acknowledges the right to delay
taking action.TN/TE/W/23
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III. BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENT
OF HAZARDOUS WASTES AND THEIR DISPOSAL
TRADE RELATED MEASURE COMMENTS
Article 4.1(a) – Parties can exercise their right to ban import of
hazardous waste, and if they do,  must inform the other Parties;Article 4.1(a) – Gives Parties the
right to ban the import HazardousWaste .  Once they do so they are
obliged to inform other Parties.
Article 4.1(b)  – Parties must  prohibit or shall not permit the
export of hazardous wastes (HW) to Parties which prohibited
its import.Article 4.1(b) – Contains trade
obligation.
Article 4.1(c)  – For wastes not specifically prohibited by the
importing state, Parties will prohibit export of wastes ifimporting country has not consented in writing to the specific
import;Article 4.1(c) – Contains trade
obligation.
Article 4.2(e)  – Not allow the export of hazardous wastes or
other wastes to a State or group of States belonging to an
economic and/or political integration organization that are
Parties, particularly developing countries, which have
prohibited by their legislation all imports, or if it has reason
to believe that the wastes in question will not be managed
in an environmentally sound manner,  according to criteria to
be decided on by the Parties at their first meeting.Article 4.2(e)  – Contains a trade
obligation.
A specific criterion on "management
in an environmentally sound manner"
is to be decided by the COP.
Article 4.6  – Prohibits the export of hazardous waste for
disposal in the area of 60° south latitude whether or not such
wastes are subject to transboundary movement.Article 4.6 – Contains trade
obligation .
Article 4.7(b)  – Requires HW and other wastes that are
subject to transboundary movement to be packaged, labelled,
and transported in conformity with generally accepted andrecognised international rules.Article 4.7 (b) – Requires Hazardous
Waste, subject to transboundary
movement to be packaged (…) inconformity with accepted
international rules.
Article 4.7(c) – Requires HW and other wastes to be
accompanied by a movement document from the point at
which a transboundary movement commences to the point of
disposal.Article 4.7(c) – Contains trade
obligation,
Article 6.1 – The State of export, or exporter, shall notify, in
writing, the competent authority of the States concerned of any
proposed transboundary movement of HW.Article 6.1 – Contains trade
obligation .
Article 6.2  – The State of import shall respond to the notifier
in writing, consenting to the movement with or without
conditions, denying permission for the movement, or
requesting additional information.Article 6.2 – Refers to the right of a
Party to import, ban an import,
request for additional information or
provide a conditional consent.TN/TE/W/23
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TRADE RELATED MEASURE COMMENTS
Article 6.3  – Transboundary movement can only commence
once the state of export receives written confirmation that:  (a)
the notifier has received the written consent of the state of
import; and (b) the notifier has received from the State of
import conformation of the existence of a contract between the
exporter and the disposer specifying environmentally sound
management of the wastes in question.Article 6.3 – Contains trade
obligation.
Article 8 states that – When a transboundary movement of
hazardous wastes or other wastes to which the consent of the
States concerned has been given, subject to the provisions of
this Convention, cannot be completed, the State of export shallensure that the wastes in question are taken back into the State
of export, by the exporter, if alternative arrangements cannot
be made for their disposal in an environmentally sound
manner.Article 8 – Obliges Parties to re-
import the HW, if, transboundary
movement cannot be completed.
Lacks specificity on sound
environmental disposal.TN/TE/W/23
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IV. CARTAGENA PROTOCOL ON BIOSAFETY
TRADE RELATED MEASURE COMMENTS
Article 2.4  – Allows a Party to take action that is more
protective of the conservation and sustainable use of biological
diversity than that called for in the Protocol, provided that suchaction is consistent with the objective and the provisions of this
Protocol and is in accordance with that Party's other
obligations under international law.Article 2.4  – Refers to the right of a
Party to take action that is more
protective than that called for in theProtocol.
Article 7.1  – The advance informed agreement procedure in
Articles 8 to 10 and 12 shall apply prior to the first intentional
transboundary movement of LMOs for intentional introduction
into the environment of the Party of import.Article 7.1 – Contains trade
obligation.
Article 8.1  – The Party of export or the exporter shall notify,
in writing, the competent national authority of the Party ofimport, prior to the intentional transboundary movement of a
LMO that falls within the scope of Article 7.1 .  The
notification shall contain, at a minimum, the information
specified in Annex I.Article 8.1 – Contains trade
obligation.
Article 9.4  – A failure by the Party of import to acknowledge
receipt of a notification shall not imply its consent to an
intentional transboundary movement.Article 9.4 – Explicitly provides an
interpretation of a failure to notify by
a Party.
Article 10.3  – Refers to the decision procedure that an
importing Party may take .  It may (a) approve the import with
or without conditions; (b) prohibit the import; (c) request for
additional information.Article 10.3 – Refers to the right of a
Party to arrive at a decision relatingto the import of an LMO.
Article 10.6  – States that lack of scientific certainty, shall not
prevent a Party of import from taking a decision, as
appropriate, with regard to the import of LMOs .  This Article
thus authorises the use of the precautionary approach in
reaching import decisions.Article 10.6 – Refers to the right of a
Party for risk assessment before
reaching an import decision.
Article 11 – Lays out the procedure for LMO-FFPs. Article 11 – Contains trade
obligation.  The sub clauses which donot contain obligations may be read
together with the main provisions.
Article 12.1  – Authorizes a Party of import to review its
decision, in light of new scientific education.Article 12.1 – Refers to the right of a
Party to review its decision.
Article 13  – Allows for a simplified procedure for
transboundary movement of LMOs in accordance with the
objective of the Protocol.Article 13 – Refers to a right of the
party which can be exercised in
accordance with the objective of the
Protocol.TN/TE/W/23
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TRADE RELATED MEASURE COMMENTS
Article 14.1  – Authorizes Parties to enter into bilateral,
regional and multilateral agreements and arrangements
regarding intentional transboundary movements of LMOs
consistent with the objective of this Protocol and provided thatsuch agreements and arrangements do not result in a lower
level of protection than that provided for by the Protocol.Article 14.1 – Refers to the right of a
Party to enter bilateral (…)
agreements in accordance with the
objective of the Protocol.
Article 15.1 – Requires risk assessment to be undertaken in a
scientifically sound manner (…) in accordance with Annex III .
While Article 15.2 states that risk assessment must be carried
out before reaching a decision under Article 10.Article 15 – May be read together
with Articles 7, 8, 10 and 12 and
Annex III.
Article 16  – Requires Parties to establish and maintain
appropriate mechanisms (…) .to manage and control risks
identified in the risk assessment procedure.Article 16 – Requires Parties to set
up appropriate mechanisms (…) to
control risks identified in the riskassessment provision of the Protocol.
Article 18.2  – Requires each Party to provide documentation
accompanying:
(a) LMO-FFPs to identify that they "may contain" LMOs.
(b) LMOs for contained use should be identified as LMOs;
(c) LMO for intentional introduction into the environment
must be identified as LMOs and must specify relevanttraits.Article 18.2 (b and c) – Contains
trade obligation. However, the
specificity of Article 18.2 (a),  is to
be further articulated by COP
Decisions.
Article 26.1  – Authorizes Parties to take into account,
consistent with their international obligations, socio-economic
considerations while reaching an import decision.Article 26.1 – Refers to the right of a
Party.TN/TE/W/23
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V. ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT
PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN
INTERNATIONAL TRADE
TRADE RELATED MEASURES COMMENTS
Articles 5, 6, 7, 8 and 9  set out the procedure to list chemicals
that are subject to the prior informed consent procedure in
Annex III.  Whereas Article 9  contains the procedure for de-
listing a chemical from Annex III .  The final decision lies with
the COP .  For example Article 5.6 states - The Chemical
Review Committee shall review the information provided in
such notifications and, in accordance with the criteria set out in
Annex II, recommend to the Conference of the Parties whetherthe chemical in question should be made subject to the Prior
Informed Consent procedure and, accordingly, be listed in
Annex  III.Articles 5, 6, 7, 8 and 9  – Contain
trade measures. However, any
obligation relating to them would
ultimately depend upon the decision
of the COP to list the chemicals
Article 10.4  – In relation to imports of chemicals listed in
Annex III, allows a Party to (a) consent to an import; not to
consent to an import; to consent to an import subject to
specified conditions; or (b) provide an interim response.Article 10.4 – Refers to the right of a
Party to arrive at a decision relating
to the import of chemicals.
Article 10.9  – A Party that takes a decision not to consent to
import of a chemical or to consent to its import only underspecified conditions shall, if it has not already done so,
simultaneously prohibit or make subject to the same
conditions: (a) Import of the chemical from any source; and (b)
Domestic production of the chemical for domestic use.Article 10.9 – Contains trade
obligation.
Article 11.2  – 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 transmita response or has transmitted an interim response that does not
contain an interim decision, unless:
(a) At the time of import, the chemical 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, orimported 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 import has been sought and received by
the exporter through a designated national authority of the
importing Party.  The importing Party shall respond to such arequest within sixty days and shall promptly notify the
Secretariat of its decision.Article 11.2 – Contains trade
obligation.TN/TE/W/23
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TRADE RELATED MEASURES COMMENTS
Article 12  – Requires an Exporting party that wishes to export
a banned or severely restricted chemical form its territory, to
provide an export notification to the Party of import, prior to
the first export.  This notification must be updated if theexporting Party adopts a final regulatory action that results in a
major change concerning the ban or severe restriction of that
chemical .Article 12 – Contains trade
obligation.
Article 13.1  – Requires that whenever a code has been
assigned to a chemical by the World Customs Organisation,
the shipping document for that chemical bears the code when
exported.Article 13.1 – Contains trade
obligation once the WCO has
assigned a code to a chemical that is
being exported.
Article 13.2  – Requires each Party to  label Annex III and (…)
chemicals before exporting them.  Labelling requirementsshould ensure adequate availability of information (…) taking
into account relevant international standards.Article 13.2 – Requires Parties to
label Annex III chemicals beforeexport, in accordance with relevant
international standards.
Article 13.3  – Each Party may require that chemicals subject
to environmental or health labelling requirements in its
territory are, when exported, subject to labelling requirements.Article 13.3 – Refers to a right of a
Party to label exports that are subject
to labelling requirements in its own
territory.
Article 15.4  – Authorizes Parties to take action that is more
stringently protective of human health and the environment
than that called for in this  Convention, provided that such
action is consistent with the provisions of this Convention and
is in accordance with international law.Article 15.4 – Refers to the right of a
Party to take action that is more
stringently protective than that called
for in the Convention.TN/TE/W/23
Page 15
VI. STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS
TRADE RELATED MEASURES COMMENTS
Article 3.1  – 1.  Each Party shall:
(a) Prohibit and/or  take the legal and administrative measures
necessary to eliminate: (i) Its production and use of thechemicals listed in Annex A subject to the provisions of that
Annex; and (ii) Its import and export of the chemicals listed in
Annex A in accordance with the provisions of paragraph 2;
andArticle 3.1.(a) – Contains trade
obligation.  Some of the provisions
of Annex A - Part II relating to
"priorities" to follow prior to 2025
may not contain an obligation, but
may be read together with the main
provision.
(b) Restrict its production and use  of the chemicals listed in
Annex B  in accordance with the provisions of that Annex.Article 3.1(b)  – Relates to national
production and use of chemicals
listed in Annex B.
Article 3.2 – POPs listed in Annexes A and B are imported or
exported only for the purpose of environmental sound disposal
(set forth in paragraph 1(d) of Article 6) or for a use permitted
for the importing Party as a specific exemption.Article 3.2  – Contains trade
obligation that is further specified by
Article 6.1 (d).
Article 4 – Establishes a register of specific exemptions for
Parties for production or use of POPs listed in Annexes A
or B.Article 4 – Establishes a register of
specific exemptions.  It provides a
right to Parties to register specificexemptions listed in Annex A or B.
Article 8 – Sets out the procedures for listing POPs in
Annexes.Article 8 – Refers to the right of a
Party to list a chemical in Annex A.B
or C.
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