RESTRICTED  
  
INF/TE/SSD/W/25/Rev. 2 
 
14 November 2023 
(23-7669) Page: 1/2 
  Original: English  
 
TRADE AND ENVIRONMENTAL SUSTAINABILITY STRUCTURED DISCUSSIONS  
INFORMAL WORKING GROUP ON TRADE -RELATED CLIMATE MEASURES  
Member Practices in the Development of T rCMs 
Revision  
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1. This document provides  a compilation of Member practices in the development of trade -related 
climate measures (TrCMs), based e lements of regulatory processes shared by Members at the TESSD 
meetings on 16 March , 11 May, and 20 September  2023. This document  does not constitute an 
endorsement of any particular Member practice  contained in this compilation . Rather, t he aim of the 
document  is to provide information and possible inspir ation for  the WTO Membership and does not 
affect the regulatory rules and practices of each Member . 
1  PRACTICES IN THE DEVELOPMENT OF TRCMS  
Transparency and consultations : 
2. Members shared the following practices related to t ransparency and consultations that could 
be considered  prior to, and during , the regulatory development process :  
• provid ing notice of proposed rules ;  
• provid ing opportunities for public participation and comment in the rule -making process ; 
• involv ing internal stakeholders from relevant ministries, departments and agencies;  
• establish ing a dedicated inter -agency/ministry process on intended measures and policy 
options;  
• involv ing external stakeholders, including private sector, civil society, academia and third 
country governments;  
• establish ing an expert group with internal and external stakeholders to provide technical 
expertise and advice during regulatory process, including possibility to have third countries 
as observers;  
• identify ing ways for targeted consultations  of SMEs  where possible, as they  might have 
limited resources to participate in public consultations ; 
• the possibili ty of consultation mechanisms at regional and local levels to ensure inclusiveness 
regarding civil society participation ; 
• publication of draft measures and regular reports on proposed measures to the parliament 
and the public;  
• online portals or registries that provide public access to regulatory documents and 
information;  
• public access to legislative debates; and  
• use of non -technical language in communications with wider public and stakeholders.  
 
Impact assessments : 
3. Members shared the following practices related to regulatory impact assessments that could 
be considered  as part of the regulatory process :  INF/TE/SSD/W/25/Rev. 2 
 
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  • nature and significance of the problem;  
• existing policy options, assess the impacts of these options and put forwar d the most viable 
ones;  
• assessment of the potential economic, social, and environmental impacts of proposed 
regulations;  
• feasibility of proposed measures;  
• costs and benefits of the proposed measures as well as risks and potential unintended 
consequences;  
• impact of the proposed regulation on small businesses ; and  
• impact of the proposed regulation on third countries, where appropriate.  
 
Review following implementation:  
4. Members shared the following practices  related to the evaluation and imple mentation of 
measures that could be considered  as part of the implementation process : 
• assessment of the effectiveness based on reports and feedback by government and 
stakeholders ; and  
• monitoring of compliance , e.g.  through audits, inspections, and verifica tion activities . 
Considerations f or TrCM policymaking:  
5. Members shared the following practices  that could be considered as part of the  design and 
implementation of TrCMs : 
• basing measures, to the extent possible , on best available evidence, science and 
information;  
• considering  regulatory approaches followed by other governments to address the same 
problem ; 
• design ing with a view to facilitating implementation and reducing unnecessarily burdensome, 
duplicative or divergent regulatory requirements;  
• allowing , if appropriate,  sufficient time for stakeholders to adapt to new requirements;  
• ensuring  consistency with multilateral rules and principles , including  under  the WTO , the 
UNFCCC , and the Paris Agreement ; 
• ensuring that measures are not  more trade restrictive than necessary ; 
• aiming to minimize costs on industry and trading partners;  
• compatibility  with or  based on relevant international standards, where available;  
• supplementing measures  with tools, such as guidelines or platforms with be st practices;  
• supporting  sustainable development efforts ;  
• providing  sufficient time for compliance  with the new measure, and anticipat ing capacity 
building needs; and 
• cooperating and engaging  with international partners, including relevant international 
organizations , as necessary . 
 
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