. /.   WORLD TRADE  
ORGANIZATION  TN/TE/W/68 
30 June 2006 
 
 (06-3162) 
Committee on Trade and Environment 
Special Session Original:   English 
 
 
 
PROPOSAL FOR A DECISION OF THE MINISTERIAL CONFERENCE ON TRADE AND 
ENVIRONMENT 
 
Submission by the European Communities  
 
Paragraph 31(i)  
  
 The following communication, dated 29 June 2006,  is being circulated at the request of the 
European Communities
. 
  
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DECISION OF THE MINISTERIAL CONFERENCE ON TRADE AND ENVIRONMENT 
  Members , 
 
Having regard to Article IV:1 and Ar ticle IX:1 of the WTO Agreement, 
 Recalling  the terms of the Preamble to the WTO Agreement, in particular allowing for the 
optimal use of the world's resources in accordance with the objective of sustainable development and 
the need to protect and preserve the environment;   Determined  to enhance the mutual supportiveness of trade and environment; 
 
 Recognising  that in accordance with the objective of sustainable development, Members have 
the right to adopt measures for the protection of anim al or plant life or health and for the conservation 
of natural resources, provided such  measures do not constitute arbitrar y or unjustifiable discrimination 
and comply with the other requirements laid dow n in Article XX (b) and (g) of the GATT 1994; 
 
 Reaffirming  that Multilateral Environmental Agreemen ts (MEAs) constitute  the response of 
the international community to trans-boundary e nvironmental problems; and noting that multilateral 
approaches to global environmental probl ems are to be strongly preferred; 
  Recognising  that while WTO members have the right to bring disputes to the WTO dispute 
settlement mechanism, if a dis pute arises between WTO members which are Parties to an MEA over 
trade measures they are applying pursuant to that ME A, they shall endeavour to resolve it through the 
dispute settlement mechanism available under the MEA;   Recognising  that all Members through their individual  and collective actions are responsible 
for and committed to the protection of the environmen t and that MEAs play an instrumental role in 
reinforcing these actions; TN/TE/W/68 
Page 2  
 
   
 Reaffirming  that MEAs and WTO rules contribute jointly to the international community’s 
pursuit of shared objectives; and expressing our desire that trade and environment policies blend effectively to deliver sustainable development;  
 Decide as follows: 
 1. The WTO shall reconcile expanding production of  and trade in goods and services with the 
optimal use of the world’s resources in accordance  with the objective of sustainable development, 
seeking both to protect the environment and to enhan ce the means for doing so in a manner consistent 
with Members' respectiv e needs and concerns at different levels of economic  development. 
2. With a view to pursuing sound multilateral governance, the following principles shall govern 
the relationship between MEAs and WTO rules: 
(a) Mutual supportiveness : Under WTO rules, no country shall be prevented from taking 
measures for the protection of human, anim al or plant life or health, or of the 
environment ensuring the level of protec tion it considers appropriate. Efforts to 
safeguard the non-discriminatory multilatera l trading system must go hand-in-hand 
with the commitment to sustainable devel opment. All WTO bodies shall ensure that 
the interpretation and application of WTO ru les takes due account of , and is mutually 
supportive with, the provisions of MEAs. 
(b) No subordination : Both MEAs and WTO Agreemen t constitute legitimate bodies of 
international law of equal standing. Due respect must be accorded to each. 
(c) Deference : MEAs and the WTO have distinct  competences within a mutually 
supportive multilateral governance framework . Their respective expertise in 
environment and trade matters shall be valued and utilised. 
(d) Transparency : with a view to enhancing the mutual supportiveness of trade and the 
environment, a mechanism for regular in formation exchange between the WTO and 
MEAs shall be implemented. 
3. With a view to ensuring the appropriate c onsideration of environmental issues by WTO 
bodies and Members:  
(a) In the interests of creating a clearer appreciation of their respective and interlinked 
priorities, MEA bodies  shall, upon request, be granted observer status in relevant 
WTO committees. 
(b) Where a WTO Committee examines issues with an environmental content, relating to 
a particular MEA, that Committee shall call for and defer to, in the relevant points, 
the expertise of the MEA in question. 
(c) Where a WTO panel examines issues with an environmental content, relating to a 
particular MEA, the panel shall call for a nd defer to, in the relevant points, the 
expertise of the MEA in question. 
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