. /.   WORLD TRADE  
ORGANIZATION  TN/TE/W/77 
4 November 2010 
 (10-5865) 
Committee on Trade and Environment 
in Special Session Original:   English 
 
 
 
PROPOSAL FOR ELEMENTS OF A DECISION OF THE  
MINISTERIAL CONFERENCE ON TRADE AND ENVIRONMENT  
 
Submission by Switzerland  
 
Paragraph 31(i) 
 
  The following communication, dated 3 November 2010, is being circulated at the request of 
the delegation of Switzerland. 
 
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 1. Switzerland submits this paper to contribut e constructively to the discussions on the 
significant systemic part of the trade and environm ent mandate.  At a time when policy coherence and 
pressing environmental challenges are becoming incr easingly important, the results of the trade and 
environment negotiations are of high interest to th e public and will thus be thoroughly scrutinized.  
We must deliver on our mandate by reaching a balan ced yet ambitious outcome in order to show to 
the world that the WTO is part of the solution and not the problem in the field of trade and 
environment.  
2. Paragraph 31(i) of the Doha-Declaration mandates us to " enhance  the mutual supportiveness 
of trade and environment" by clarifying the "r elationship between existing WTO rules and specific 
trade obligations (STO) set out in multilateral e nvironmental agreements (MEAs)".  We Members 
therefore must find ways to improve  the current relationship between STOs and existing WTO rules, 
or at least clarify this relationship so as to meet an y problems that might arise in the future.  The basis 
for our work has been laid by defining STOs a nd describing and assessing how they interact with 
existing WTO rules.  However, our discussions about  the quality of the current relationship between 
STOs and WTO rules and the existence or absence of respective conflicts are not decisive in view of 
the mandate.  We must adopt a perspective oriented towards the future and ta ke a proactive stance.  
However, according to our mandate we also need to  make sure that any such improvement does "not 
add to or diminish the rights and obligations  of Members under existing WTO Agreements".  
3. This proposal allows to reaffirm, encourage and improve the current practice of the WTO in 
situations where the relationship between existi ng WTO rules and STOs needs to be addressed.  It 
ensures, for such situations, a ppropriate consideration of enviro nmental aspects from a procedural 
point of view and provides further elements to  avoid potential conflicts between WTO rules and 
STOs.  The proposal aims at providing a basis for constructive discussions by offering specific 
elements to adequately address the requirements of  our mandate while respecting its limitations.  TN/TE/W/77 
Page 2  
 
  Elements for a decision  
4. Switzerland proposes, with a view to start text-based negotiations and without prejudice to its 
position to existing proposals, the following elements  to be included in the final outcome of the 
CTESS negotiations in the form of a decision of the Ministerial Conference: 
Members 
... 
Determined to enhance the mutual supportiveness between trade and environment; 
... Decide  as follows: 
.... 
 A flexible and expeditious procedure of a conciliatory and non-adjudicatory nature is 
available for Members to help them in finding solutions to their differences of opinions regarding the relationship between existing WT O rules and specific trade obligations of 
multilateral environmental agreements.  At the request of the parties, the Chairperson of 
the Trade and Environment Committee (or a Friend of the Chair agreed upon by the 
parties) can serve as facilitator.  Facilitators and parties are encouraged to take advantage 
of the expertise of experts in the area at issue.  
 Parties involved in consultations pursuant to Article 4 of the Dispute Settlement 
Understanding in relation to a dispute rega rding the relationship between existing WTO 
rules and specific trade obligations of multilateral environmental agreements are 
encouraged to draw on the expertise of experts in the area at issue.  
 Panels for disputes regarding the relations hip between existing WTO rules and specific 
trade obligations of multilateral environmental agreements shall possess or have available 
the necessary expertise regarding both the WT O rules and the multilateral environmental 
agreement in question. 
 
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