WORLD TRADE  
ORGANIZATION  TN/TE/W/73 
9 July 2008 
 
 (08-3299) 
Committee on Trade and Environment 
Special Session Original:   Spanish 
 
 
 
COMMUNICATION FROM CUBA 
 
Paragraph 31(iii)  
 
 
The following communication, dated 8 July 2008, is being circulated at the request of the 
delegation of Cuba . 
 
_______________ 
 
 
I. INTRODUCTION 
1. This proposal is a contribution to the work of the Committee on Trade and Environment in 
Special Session, pursuant to the mandate unde r paragraph 31(iii) of the Doha Declaration.1 
2. A number of proposals have been tabled in this regard, but no decision has yet been taken on 
the course to follow to achieve results in keeping with that specific mandate, which must be viewed 
within the broader context of enhancing mutu al supportiveness of trade and environment by 
establishing a framework of commitments affording both environmental and trade benefits to the 
Membership as a whole, while taking into account  the development and sustainable development 
dimensions set forth in paragraphs 2 and 6 of the Doha Declaration. 
3. This proposal seeks to cover the key elements  of the main proposals and positions already 
examined by the Committee, that is, the list appr oach, the project approach and the integrated 
approach;  the request and offer procedure;  concer ns regarding the development dimension;  special 
and differential treatment;  and the importance of  including all products and actions that Members 
may regard as beneficial to the environment and sustainable development. 
4. An obvious conclusion to be drawn from the discuss ions in this Committee is that there is no 
single perception among Members as to how to fulf il the mandate, and hence any attempt to impose 
one formula for all, viewed from a single pe rspective, would be doomed to failure. 
5. In view of the tremendous urgency of ensuri ng protection of the environment, it is more 
important to secure minor results on a regular basi s than to procrastinate for years and achieve 
absolutely nothing.  We must therefore persist in  our efforts to reach consensus on the grounds that 
protection of the environment is the overriding objective in this negotiating process. 
                                                      
1 With a view to enhancing the mutual supportiv eness of trade and environment, we agree to 
negotiations, without prejudging their outcome, on the reduction or, as appropriate, elimination of tariff and 
non-tariff barriers to environmental goods and services. TN/TE/W/73 
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  II. DEFINITION OF THE TERM 'ENVIRONMENT' AND FULFILMENT OF THE 
MANDATE 
6. Taking a look at any widely accepted definition of the term 'environmen t' and taking another 
look at the mandate of this Committee, we might find that we are only just beginning to address the relationship between trade and environment. 
7. Today, many of us agree in considering the e nvironment as a combination of natural, social 
and cultural values that prevail in one place at an y given time and have an impact on people's lives 
and on future generations.  In other words, the te rm 'environment' encompasses not only the physical 
environment (soil, water and air) and the living beings  that inhabit it, but also the interrelationships 
between the two at the cultural, sociological and economic levels. 
8. Whether based on this or on any other defin ition of the environment, the approaches 
discussed hitherto have obviously failed to accomm odate all of the present concerns supported by 
scientific data.  Restricting the focus on environmen t to climate change alone – the most conspicuous 
and widely discussed aspect of the problem – is likewise insufficient as th e Committee has suggested. 
9. It is not the purpose of this paper to address the other, disregarded environmental dimensions 
or to analyse the mandate.  The objective is merely  to outline a few points relating to the definition 
given above.  Clearly, there have yet to be discussions and proposals in this regard. 
III. APPROACHES 
10. There has been abundant but somewhat fruitl ess discussion since the adoption of the Doha 
Declaration.  Some Members insist on approaches that have limited envir onmental scope and other 
shortcomings, as noted in previous documents. 
11. The issue of the environment in the WTO calls  for a broad, participatory, conscious and 
honest debate.  From the trade perspective, we must adopt decisions that will help put an end to man's 
adverse impact on the human habitat.  Liberalizat ion of trade in goods, mostly produced in the 
developed countries, is not the answer.  Othe r approaches taken on their own may also prove 
inadequate. 
12. It is necessary to recognize that trade interests are the root of the present deterioration of the 
environment.  Irrational consumption patterns prompted  by the constant quest for profit have resulted 
in the disappearance of forests, species, and non-renewable sources of marine and terrestrial life, impoverished the soil, contaminated river a nd ocean water sources through industrial activity, 
displaced indigenous peoples, and so forth. 
13. In order to speak of the relationship between tr ade and environment, we need to examine the 
issue from a dual perspective.  Indeed, while trad e can help preserve the environment, it may also 
contribute to environmental degradation thr ough the adoption of irresponsible policies. 
14. Both of these assertions are true.  The first h as yet to demonstrate its potential, while the 
second is an irrefutable reality that has not been considered by the Committee.  Any trade-directed 
approach would necessarily have to accommodate these two criteria.  Before any measure is 
developed, there should be an assessment of the sup port that trade can provide to the environment in 
the light of the benefits that would be gained  from environmental conservation and protection.  TN/TE/W/73 
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  15. Another crucial aspect for discussion is th e question of common but differentiated 
responsibility.  This is a principle recognized by the international community.2  The responsibility of 
the industrialized countries for the state of the environm ent is infinitely greater than that of those who 
have not yet achieved industrializa tion, and the former's contribution to pollution is incomparably 
higher than that of the developing countries and LDCs.3  Therefore, the contribution of industrialized 
Members should be much higher than the rest of the Membership, what ever the approaches, 
modalities or decisions adopted by the Committee. 
16. Members have either supported or objected to i ssues reflected in earlier documents.  It would 
be worth assembling the elements of consensus and exploring different ideas in order to broaden the 
debate by taking new directions in search of convergences.  Environmental protection cannot be 
harnessed through trade liberalization measures alone.  Such a path is not only inadequate but also 
misleading, so that other alternatives should be e xplored within the WTO's sphere of competence. 
IV. PROPOSALS 
17. The approaches proposed to date do not reflect all possible courses of analysis of feasible 
actions under the current mandate to protect the envi ronment.  The mandate itself represents the main 
constraint because of its focus on tariff reductio n or elimination.  Without ignoring the trade 
liberalization interests pursued by some of the Memb ers, many other trade measures in related fields 
can be explored so as to facilitate and regulate envi ronmental practices that have a real impact on the 
environment, trade and development.  With in these broad areas and "without prejudging the 
outcome", new proposals could be assessed. 
18. With no conclusive definition of environmental goods, which has been the main obstacle so 
far, and on the basis of the fact that trade can and should contribute to envi ronmental conservation, the 
following measures could be adopted: 
Tariff measures 
 
(a) Facilitate market access by reducing or elim inating tariffs on environmental goods to 
be agreed forthwith as being for environmental use alone, having regard to the 
principle of special and differential treatment  and less-than-full reciprocity in respect 
of any tariff treatment as may be adopted.  To that end, the Committee should agree on a list of goods for exclusively environmental use, grouping categories and activities proposed under both the list approach  and the integrated approach
4 and 
other goods produced by means of environmentally friendly practices.  The primary 
considerations to be borne in mind for th e implementation of this measure in the 
                                                      
2 States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and 
integrity of the Earth's ecosystem.  In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities.  The developed countries acknowledge the responsibility 
that they bear in the international pursuit of sustainable development in view of the pressures their societies 
place on the global environment and of the technologies and financial reso urces they command (Principle 7, 
Rio Declaration on Environment and Development, Earth Summit, Rio de Janeiro, 1992). 
3 "Those most affected by climat e change are not those most respon sible for causing it", Javier Solana, 
High Representative for the European Union Common Foreign and Security Policy, in "Before the flood", The Guardian , 10 March 2008. 
4 According to documents Job (07)/54 and Job (07)/77, the common categories and activities proposed 
are as follows:  waste water management and water resources (drinking water treatment);  environmental 
monitoring and analysis;  renewable energy;  management of solid and hazardous waste and recycling systems;  
air pollution control;  and soil conservation or protection. TN/TE/W/73 
Page 4  
 
  developing countries are the latter's sustai nable development policies and objectives 
at national level.
5 
(b) As regards goods on which there is no  consensus as to their exclusively 
environmental use or impact, Members may, on a voluntary basis, arrange one [two] request-offer round[s] with a view to according mutually agreed preferential 
treatment for the relevant tariff lines.  Such  preferences will be multilateralized at the 
end of the negotiating process. 
(c) Facilitate access to developed country ma rkets by eliminating tariffs on primary 
commodities for export by the developing countries
6 that require enhanced 
technology to ensure environmentally friendl y production, so as to generate sufficient 
revenue for this purpose.  The goods c oncerned should be defined by mutual 
agreement between develope d and developing country Members, since they are 
already being exported by the developing countries and it is not a question of developing new industries. 
Non-tariff measures 
 
(a) Identify and eliminate non-tariff barriers for goods described under "Tariff measures" 
above, so as to complement the tariff treat ment to be accorded to such goods.  The 
Committee may monitor compliance with this measure through notifications. 
(b) Developed countries and developing countries that declare themselves to be in a 
position to do so will grant soft loans, ai d for trade and other incentives to facilitate 
the purchase of goods, the implementation of projects, the acquisition and transfer of 
technologies, and the contracting of environm ental services by developing countries.  
The Committee will take note of these concessions through notifications. 
(c) As a way of contributing to the transfer of clean technologies, Members agree to 
reduce by [X] years the term of patent pr otection laid down in the TRIPS Agreement 
for goods and procedures for environmental use or having an environmental impact, 
as defined under "Tariff measures", paragra phs (a) and (b), above, and apply tax 
exemptions or reductions for the produc tion and export thereof to developing 
countries.  Other forms of technology transf er should be explored and agreed by the 
Committee. 
19. On the basis of the fact that trade may contribute to deterioration of the environment, a 
number of other measures could also be adopted. 
20. Although many of the elements that could be outlined under this heading are covered by the 
Multilateral Environmental Agreements, there are st ill some possibilities for addressing the issue from 
a trade standpoint that could strengthen the goals and outcomes of such agreements, for example: 
(a) Ban on export of goods prohibited for use in  the producing country because they are 
considered dangerous to the environmen t and human health (example:  certain 
                                                     
 
5 This means that the developing countries will not be under any obligation to undertake commitments 
in respect of goods which they deem to be necessary for their own industrial development or domestic 
production. 
6 Primary commodities for export by the developing countries being understood to mean the top 
20 essential goods listed in a developing country's domestic export schedule, or those on which more than 
10 per cent of the country's exports of manufactures depend.  TN/TE/W/73 
 Page 5 
 
 
  herbicides, pesticides or fertilizers).  Today,  this form of trade is possible with the 
permission of the importing country, hence the need for an exporter's undertaking.  Such trade is generally conducted from deve loped countries to developing countries, 
with harmful effects on the environment a nd human health, plants and animals in 
recipient countries (Rotterdam Convention).
7 
(b) Ban on export of hazardous wastes, which should be stored until their treatment in the 
countries that have generated them.  The Basel Convention8 does not permit export to 
countries which have banned imports or to those who do not give their written 
consent to a specific export.  These provisions of the Convention show that there is recognition of non-compliance with the law on the part of some States and violation 
of the sovereignty of other States.  If there is a genuine will to protect the 
environment, the export ban should be general and all-encompassing. 
(c) Undertakings by the developed countri es not to export polluting technologies and 
industries, new or used, to third countries.  Such transfers should be subject to written 
consent by the government of the importing Member and accompanied by contractual 
commitments in terms of funding and know -how for modernization and adaptation, 
within a specified period, which should be as short as possible, to existing environmental standards or requirements in the exporting country. 
(d) Ban on export of recycled or used goods that have no or a short useful life, and have 
highly polluting components, at least for goods subject to strict regulations in the producing countries which cannot be met by the developing countries. 
21. The Committee should discuss and agree on simple but effective mechanisms to follow up the 
undertakings to be agreed.  
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7 Rotterdam Convention on the Prior Informed C onsent Procedure for Certain Hazardous Chemicals 
and Pesticides in International Trade. 
8 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their 
Disposal.