WORLD TRADE
ORGANIZATIONWT/CTE/W/160
19 September 2000
(00-3701)
Committee on Trade and Environment
MATRIX ON TRADE MEASURES PURSUANT TO SELECTED MEAs
Note by the Secretariat
1. This Note has been prepared in response to requests from delegations for information on
developments in multilateral environmental agreements (MEAs), as set out in WT/CTE/W/144.  The
Note contains a Matrix on trade measures pursuant to selected MEAs in order to provide informationon the provisions of 11 environmental conventions and protocols and one draft agreement.
2. The Matrix is organized in the following manner:  the first column states the name, date of
adoption and the purpose of the MEA;  the second column lists all WTO Members that are, or are not
a party to the Agreement;  the third column summarizes the trade-related measures in the particular
Agreement, notably if there is a requirement or a restriction on imported or exported products or onthe process of their importation or exportation.  Trade measures can range from trade bans to products
standards, from notification procedures to labelling requirements
1;  the fourth column contains
supportive measures, such as technology transfer or financial assistance provided under the provisions
of the Agreement;  the fifth column explains th e mechanism (if any) used in the Agreement for
non compliance of a Party;  the sixth column lists the dispute settlement mechanism of the Agreementand states whether there have been any disputes to date;  and the last column sets out any provisions
that relate to non-parties to the Agreement.
3. The Secretariat has prepared this Matrix under its own responsibility in cooperation with the
Secretariats invited to make presentations at the MEA Information Sessions on 5 July
and 24 October 2000.  The information that is contained in the Matrix has been commented upon by
the following Secretariats:
2
− International Commission for the Conservation of Atlantic Tunas (ICCAT);
− Convention on International Trade in Endanger ed Species of Wild Flora and Fauna (CITES);
− Convention for the Conservation of Antarc tic Marine Living Resources (CCAMLR);
− Montreal Protocol on Substances that Deplete the Ozone Layer (MP);
− Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal;
− Convention on Biological Diversity (CBD);
− UN Framework Convention on Climate Change (UNFCCC);
                                                     
1 Dale Andrew, Trade Measures in Multilateral Environmental Agreements:  Synthesis Report of
Three Case Studies  OECD document COM/ENV/TD(98)127, Joint Session of Trade and Environment Experts,
12 November 1998 at page 10.
2 The Secretariats of the relevant Agreements described were asked to confirm the information
contained in the Matrix.  The WTO Secretariat is grateful for their responses.  Nevertheless, the
WTO Secretariat takes full responsibility for any errors the Matrix may contain and undertakes to revise it in
light of further information that it receives.WT/CTE/W/160
Page 2
− International Tropical Timber Organization (ITTO);  and
− UNEP Chemicals on the Prior Informed Consent (PIC) Convention and the draft International
Legally Binding Instrument for Implementing International Action on Certain Persistent
Organic Pollutants (POPs) Convention.
4. The Matrix makes reference to the Global Environment Facility (GEF) when discussing the
supportive measures contained in the UNFCCC, the CBD and the Montreal Protocol.  The GEF is a
financial mechanism that provides grant and concessional funds to recipient countries for projects andactivities that aim to protect the global environment.   It is jointly implemented by the United Nations
Development Programme (UNDP), the United Nations Environment Programme (UNEP) and the
World Bank.  The GEF is the current funding mechanism for the UNFCCC and the CBD.  The use of
GEF resources to fund convention activities is to be in conformity with the policies, programme
priorities, and eligibility criteria decided by the COPs of each convention.  The Montreal Protocol hasits own Multilateral Fund to cover developing country costs in phasing out the production and
consumption of ozone-depleting substances (ODS).  However, there are a number of GEF-eligible
countries that are Parties to the Montreal Protocol in which the production or consumption of ODS is
too high to qualify for support under the Multilateral Fund.  Countries receiving funding for ozone
projects through the GEF have to meet the same criteria as those receiving funding through the
Multilateral Fund.
5. Annex I to the Matrix contains a list of MEAs which contain potential trade measures.
6. The Secretariat intends to update this Matrix periodically in light of developments and
welcomes comments and suggestions from Members in this regard.WT/CTE/W/160
Page 3
MATRIX ON TRADE MEASURES PURSUANT TO SELECTED MEAs
Table of Contents
GLOSSARY OF TERMS ……………………………………………………………………4
I. INTERNATIONAL CONVENTION FOR THE CONSERVATION OF
ATLANTIC TUNA S (ICCAT) ................................................................................................5
II. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
OF WILD FAUNA AND FL ORA (CIT ES)............................................................................8
III. ANTARCTIC CONVENTION ON MARINE LIVING RESOURCES
(CCAMLR )....................................................................................................................... .......11
IV. MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER (MP) ...........................................................................................................13
V. BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY
MOVEMENTS OF HAZARDOUS WA STES AND THEIR DISPOSAL.........................16
VI. CONVENTION ON BIOLOGI CAL DIVERSIT Y (CBD)..................................................19
VII. CARTAGENA PROTOCOL  ON BIOSAFETY..................................................................22
VIII. UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
(UNF CCC) ....................................................................................................................... ........29
IX. KYOTO PROTOCOL............................................................................................................31
X. INTERNATIONAL TROPICAL TI MBER AGREEMEN T (ITTA).................................33
XI. ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT
PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND
PESTICIDES IN INTERNAT IONAL TRADE (PIC).........................................................35
XII. DRAFT PERSISTENT ORGANIC PO LLUTANTS CONVENT ION (POPs).................37
ANNEX:  LIST OF MEAs CONTAINI NG POTENTIAL T RADE MEAS URES ........................39WT/CTE/W/160
Page 4
GLOSSARY OF TERMS
CCAMLR Antarctic Convention on Marine Living Resources
CBD Convention on Biological Diversity
CDM Clean Development MechanismCFCs Chlorofluorocarbons and HCFCs – hydrochlorofluorocarbons
CITES Convention on the International Trade in Endangered Species of Wild Fauna and
Flora
COP/MOP Conference of the Parties/Meeting of the Parties
EEZ Exclusive Economic Zone
GEF Global Environment Facility
GHGs Greenhouse gasesICCAT International Convention For the Conservation of Atlantic Tunas
ICJ International Court of Justice
ITTA International Tropical Timber Agreement
IUCN World Conservation Union
LMOs Living modified organismsMEAs Multilateral Environmental Agreements
MCP Multilateral Consultative Process
MP Montreal Protocol on Substances that Deplete the Ozone Layer
ODS Ozone-depleting substances
PIC Rotterdam Convention on the Prior In formed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade
POPs Draft Persistent Organic Pollutants Convention
UNFCCC United Nations Framework Convention on Climate ChangeWT/CTE/W/160
Page 5I. INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT)
Name of
MEA, date of
adoption and
objectiveWTO Members
that are non-
parties to the
MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
International
Convention for
theConservation ofAtlantic Tunas
(ICCAT), 1966.
ICCAT is
responsible for
the conservation
of tunas andtuna-likespecies in the
Atlantic Ocean
and adjacentseas.
Its mandate also
includes thestudy of fishspecies caught
incidental to
tuna fishing.116 WTO Members
are not party to
ICCAT.
There are 28
Parties, 21 of these
parties are alsoWTO Members.
The Parties to
ICCAT are:AngolaBrazil
Canada
Cape VerdeChinaCôte d’Ivoire
Croatia
Equatorial GuineaEuropeanCommunity
France (St. Pierre &
Miguelon)GabonGhana,
Guinea (Conakry)
JapanRepublic of KoreaLibyaMorocco
Namibia
PanamaRussiaSao Tome and
Principe
South AfricaTrinidad andTobago,
Tunisia
UK (Bermuda)The Convention does not contain trade
measures, but Resolutions taken by the
Parties do contain trade restrictions.  In“Resolution by ICCAT Concerning an
Action Plan to Ensure Effectiveness of the
Conservation Program for Atlantic Bluefin
Tuna, 1994 ", Article (f) states that "to
ensure the effectiveness of ICCAT BluefinConservation Programme the Commission
will recommend that Contracting Parties
take non-discriminatory trade restrictivemeasures, consistent with internationalobligations on bluefin tuna products".  A
similar Resolution (Action Plan) was also
taken for Atlantic Swordfish (1995) andtrade measures can also be taken forconservation of swordfish.
Recommendations were adopted by the
Contracting Parties in 1996 to takeappropriate measures, consistent with the
provisions of the Bluefin Tuna  Resolution,
to the effect that the import of Atlanticbluefin tuna and its products in any formbe prohibited, starting from 1997 from
Belize and Honduras, and starting from
1998 from Panama.
ICCAT adopted a recommendation in
1996 regarding compliance measures for
bluefin tuna and north Atlantic swordfish
fishing.  This Recommendation includesan article that trade measures similar tothose mentioned above can also be taken
against Contracting Parties. A Resolution
adopted in 1997 to extend the abovecompliance measures to south Atlanticswordfish.Contracting Parties
have access to the
scientific research andstatistical databaseand other information,
(as well as
participation in allscientific and othermeetings), the
possibility of
obtaining sometechnical assistance inestablishing their
statistical systems,
and in receivingtraining from theCommission.
Funding of many of
the Commission’sactivities is through
the regular budget,
provided byContracting Partycontributions.  Special
funding arrangements
have been established,with funds from thepublic and privatesector.Article IX
Contracting Parties agree to
take all necessary action toensure the enforcement ofICCAT.  The Contracting
Parties have adopted
Recommendations pursuant tothe Bluefin Tuna Resolution  and
the Swordfish Action Plan
Resolution  for compliance
measures.  Some non-compliance procedures havebeen enforced, such as reducing
catch quotas by the amount of
excess catch over the quota andor by 125 per cent of the excess.Also trade measures can be, and
have been applied to
Contracting Parties (see Trade-related measures).No provision. Chinese Taipei, a
non-party/entity/
fishing entity iscomplying withthe Commission’s
regulations to the
same extent asContractingParties.  Other
countries, such as
Turkey, partially
comply withmanagement
regulations.  These
countries arestudying theprocedures to
become
ContractingParties.
In 1997, the
Commission adopteda Resolution urgingnon-parties either to
become Contracting
Parties, or attainstatus as a“CooperatingParty/Entity/Fishing
Entities”.  Such
status requires thefirm commitment toprovide the same
data that Contracting
Parties are requiredto submit and theyhave to respect the
Commission’s
managementWT/CTE/W/160
Page 6Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
USUruguay
VenezuelaRecommendations were adopted in 1999
to take appropriate measures, consistent
with the provisions of Swordfish Action
Plan  Resolution, to the effect that the
import of Atlantic swordfish and itsproducts in any form be prohibited (tobecome effective in mid-2000).
Also according to the Compliance
Recommendation, the Commissionrecommended that Contracting Parties take
appropriate measures to prohibit the
import of Atlantic bluefin tuna and itsproducts in any form from EquatorialGuinea (a Contracting Party).
Panama, after trade measures were
imposed against it, became a Party to theCommission, and has since implemented
stringent domestic measures such as the
cancellation of all open-registries of tunafishing vessels and started a licensingsystem with a strict satellite vessel
monitoring system. Therefore, the
Commission recommended in 1999 thatprevious trade measures taken by theContracting Parties in relation to Panama
for bluefin tuna be lifted.
Incentives to join the Convention involve
the right to participate in the process of
establishing regulatory measures, taking
part in the partitioning of quotas, andobtaining a quota.  According to theICCAT Secretariat, as soon as strict quotas
were introduced, the number of
Contracting Parties increased.  Trademeasures taken against Belize andHonduras are still in effect.  Many of thevessels that were considered as fishing
illegally with the flag of Belize and
Honduras (and Panama) have sincerecommendations.
Such status is
granted for one-year
periods and is subjectto review annually.In 1999, ChineseTaipei and Mexico
were granted that
status.
In addition,
according to the
ICCAT Secretariat,the followingcountries, entities, or
fishing entities can
be considered asimportant or keyplayers, because of
their involvement in
tuna fisheries: Turkey, Cyprus,Malta, Algeria,
Denmark
(Faroe Islands),Iceland, Honduras,Belize,
the Philippines,
Thailand, andVanuatu.WT/CTE/W/160
Page 7Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
changed their flags to other countries.Hence, non-compliance by these three
countries has been reduced, but many
fishing boats are still operating in themanner which undermines the objectivesof ICCAT´s conservation measures.Warning letters have been sent to
Guinea Bissau concerning bluefin tuna
catches;  a final warning letter was sent toSierra Leone concerning its bluefin andswordfish fishing;  and warning letters
were sent to Equatorial Guinea (a
Contracting Party) relative to their fishingpractices.  The responses (or lack ofresponse) to these letters will be discussed
at each Commission Meeting.
In 1999, the Commission adopted
“Resolution calling for further actions
against illegal, unregulated and unreported
fishing activities by large scale longlinevessels in the Convention area and otherareas ”.  Among other actions, it
recommended that the Contracting Parties,
Cooperating Non-Contracting Parties,Entities and Fishing Entities shall takeevery possible action, consistent with the
relevant laws, to urge their importers,
transporters and other concerned businesspeople to refrain from engaging intransaction and transhipment of tunas and
tuna-like species caught by vessels carrying
out illegal, unregulated and unreportedfishing activities in the Convention Areaand other areas.WT/CTE/W/160
Page 8II. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)
Name of
MEA, date of
adoption and
objectiveWTO Members
that are non-
parties to the
MEA3Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Convention on
International
Trade inEndangeredSpecies of Wild
Fauna and
Flora (CITES),1973.
An
international
treaty to protectwildlife againstover-
exploitation and
to preventinternationaltrade from
threatening
species withextinction.There are 151
Parties to CITES.
11 WTOMembers are non-parties:
Angola
BahrainECHaiti
Ireland
KyrgyzKuwaitLesotho
Maldives
QatarSolomon IslandsArticle II
CITES regulates trade in endangered
species by defining conditions under whichimport and export permits may be issued.The conditions are differentiated according
to a classification system based on three
appendices of protected species.
Article III
Appendix I includes all species threatened
with extinction which are or may be
affected by trade.  Trade in these species issubject to particularly strict regulationthrough both import and export permits
which may be issued only in exceptional
circumstances.Trade in Appendix 1 species must meet twocriteria:
Trade must not be primarily commercial in
nature and it must not be detrimental to thespecies.  The non-detriment finding is ascientific test.  Document 11.40 prepared
for CITES COP11 provides assistance to
Scientific Authorities for making non-detriment findings.  It makes reference toInformation document 11.3 for COP11
which contains a draft elaborated checklist
for making non-detriment findings forAppendix II species.  The checklist is to befurther developed by the CITES Secretariat
and IUCN.
The species listed in this appendix are
prohibited for trade for commercialpurposes (there are limited exceptions to
this such as captively bred species,
ranching and use for scientific research, seeArticle VII).  The test for exceptions is:CITES is funded
through a Trust
Fund administeredby UNEP.  CITESprojects are funded
through donor
organizations andcountries.  Donorcountries include,the EU;  Nordic
countries; the U.K;
the US and Japan.
There are two typesof CITES projects.
“Administrative
projects” include,inter alia :  those
related to the
funding of
participants toCITES COPs orother meetings;
technical assistance
(e.g., support in thedevelopment ofCITES-related
legislation);
training; and theprovision ofinformation
(published and
electronic).“Species” projectsare those that fund
scientific research
related to aparticular animal orArticle XIII
When the Secretariat receives
information that a species inAppendix I or II is being adverselyaffected by trade in that species, or
that the provisions of the
Convention are not beingeffectively implemented, it shallcommunicate this information tothe authorized Management
Authority of the Party or Parties
concerned.  When a Party receivesthis communication it shall informthe Secretariat of any relevant facts
and where appropriate, propose
remedial action.  Where the Partyconsiders an inquiry to be desirable,such inquiry shall be carried out by
person(s) authorized by the Party.
The information provided by theParty, or by the inquiry, shall bereviewed at the next COP which
may make any recommendation it
deems appropriate.The Standing Committee meetsregularly to discuss a range of
issues related to the Convention,
and there are times when the CITESSecretariat brings before itinformation on illicit trade
problems.  It is the COP, however,
that regularly reviews and takesdecisions on infractions of theConvention.
For the past 15 years, decisions of
the CITES COPs and StandingCommittee have been used toArticle XVIII
 The Parties are first
subject to negotiationin the event of adispute.  However, if
the dispute cannot be
resolved throughnegotiation,  Partiesmay, by mutualconsent, submit the
dispute to arbitration
(Permanent Court ofArbitration at theHague).  Parties shall
be bound by that
decision.
No disputes to date.Article X
Where export or
re-export is to, orimport is from, aState not a Party to
the present
Convention,comparabledocumentationissued by the
competent authorities
in that State which
substantiallyconforms with the
requirements of the
present Conventionfor permits andcertificates may be
accepted in lieu
thereof by any Party.
Resolution Conf. 9.5
(1994) addresses in
detail trade withStates not party tothe Convention.
The following non-
parties have providedthe informationrequested by
Resolution Conf. 9.5
(that is, proof thatcomparabledocumentation is
being issued by
competentauthorities):
                                                     
3 Hong Kong, China and Macau, China are not Parties to CITES.  China is a Party.WT/CTE/W/160
Page 9Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEA
3Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
will trade be detrimental to the survival ofthe species?  Export and import permits arerequired for exceptions.
Article IV
Species in Appendix II may become
threatened with extinction unless their
trade and the trade in species that resemble
them is subject to strict regulation;  trade inAppendix II species is regulated by theissue of export permits which are subject to
both a finding of non-detriment and legal
acquisition.  In Appendix II, the granting ofimport permits is not a condition (exceptfor some countries with stricter measures
under Article XVI).
Article V
Appendix III covers species identified by
an individual Party as being subject to
regulation within its jurisdiction and forwhich it requests the cooperation of otherParties in the control of trade.
Article VI
Regulates permits and certificates for
import and export permits required underArticles III, IV and V.
Article VII
Lists the Exemptions and Other Special
Provisions Relating to Trade.  This Article
provides all the exceptions to the
prohibitions of trade in endangered specieslisted in the three appendices.
Article VIII
Parties shall take appropriate measures to
enforce the provisions of the presentConvention and to prohibit trade in
specimens in violation of the Convention.
Article XIV - allows for Parties to takeplant species (e.g.,
status survey,management and
conservation of the
African grey parrotin one or morecountries).recommend the suspension of trade
with countries that refuse, afterprior warning, to comply with the
Convention’s provisions.  General
trade suspension recommendationshave been made againstEl Salvador, Italy, Greece, Grenada,
Guyana, Senegal and Thailand.
Strict shipment controls have beenrecommended with regard toBolivia.  Trade suspension for
particular species have been made
against dozens of countries.  Thecriteria for recommending asuspension of trade are:  (a) the
presence of significant trade; and
(b) the absence of domesticmeasures to enforce the provisionsof the Convention as required by
Article VIII.  The practice of
proposing trade sanctions hasworked well in obtaining theenactment of national legislationrelated to the Convention and the
submission of required reports.
Parties can request and receiveassistance from the CITESSecretariat at any time to enact
appropriate legislation or prepare
required reports.  Once compliancehas been obtained, the relevanttrade suspension recommendation is
withdrawn.  Overall the practice of
using trade suspensionrecommendations to bring aboutcompliance with the Convention
has never been challenged.  A
proposed decision by the Parties atCOP11 would extend tradesuspension recommendations to
those countries that fail to submit
annual national reports, as requiredAlbania;  Angola;
Bahrain;Cook Islands;
Democratic People’s
Republic of Korea;Haiti;  Ireland;Kiribati;  Lebanon;
Lithuania;
Marshall Islands;Federated States ofMicronesia; Niue;
Oman;  Palau;
Qatar;Solomon Islands;Tonga;  Turks and
Caicos Islands;
Tuvalu;  and theFederal Republic ofYugoslavia.
The amendment to
allow the EC tobecome a CITESParty has not been
ratified by
a 2/3 majority ofParties.
China is a Party to
CITES.  HongKong, China,however, has its
own CITES
ManagementAuthority andScientific Authority.
According to the
CITES Secretariatkey non-parties
include:WT/CTE/W/160
Page 10Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEA
3Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
stricter domestic measures.  Appendix IIdoes not require an import permit but manyOECD countries have instituted a system
of import permits for trade in certain
species and in some instances, with specieslisted in Appendix III.
There are three management quota systems
provided for in CITES which aredetermined by the COP.  Under the firstsystem, some countries have the right to
export a limited number of Appendix I
species for non-commercial uses (e.g. theleopard).  Under the second system, specieshave been transferred from Appendix I to
II, subject to annual quotas which limit
trade in the specimen on a country-by-country basis.  Examples from COPResolutions include:
Resolution Conf  8.11  - trade in cloth and
wool from Vicuña.Resolution Conf  10.10  - trade in Elephant
Specimens - limited ivory trade between
Zimbabwe, Botswana and Namibia (where
elephants were down listed to Appendix II)to Japan.  There is a quota based onstockpiles.
Resolution Conf  10.14  - quotas for leopard
skins.
Countries establish their own quotas on
species in the third system.  An example of
this is the quota for sturgeons underResolution Conf. 10.12.  New states arejoining CITES due to the listing of the
sturgeons in Appendix II.by Article VIII (7)(a), for three
consecutive years.Angola (significant
trade); Laos;  ArabGulf States;  and the
small island
developing states inOceania.WT/CTE/W/160
Page 11III. ANTARCTIC CONVENTION ON MARINE LIVING RESOURCES (CCAMLR)
Name of
MEA, date of
adoption and
objectiveWTO Members
that are non-
parties to the
MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
The Antarctic
Convention on
Marine LivingResources(CCAMLR),
1980.
The aim of the
Convention isto conserve
marine life.
This does notexcludeharvesting as
long as such
harvesting andassociatedactivities are
carried out in
accordancewith"ecosystem"
conservation
principles setout in Article IIof the
Convention.109 WTO
Members are not
party toCCAMLR.
28 Contracting
Parties are WTOMembers.
CCAMLR's
29 Contracting
Parties include:
Argentina
Australia
BelgiumBrazilChile
EC
FranceGermanyIndia
Italy
JapanRepublic of KoreaNew Zealand
Norway
PolandRussianFederation
South Africa
SpainSwedenUkraine
UK
US,and Uruguay.
are notThe Convention does not contain trade
measures, but trade-related measures have
been adopted in the following ConservationMeasures that are binding to ContractingParties.
Conservation Measure 118/XVII
The “Scheme to Promote Compliance by
Non-Contracting Party Vessels withCCAMLR Conservation Measures"
prohibits Parties from allowing the landing
or transshipment of fish from the vessel of anon-Contracting Party sighted  engaging in
fishing activities within the Convention
Area, and therefore presumed to be
undermining the effectiveness of CCAMLRConservation Measures, unless the vesselhas been inspected by authorized
Contracting Party officials and can establish
that the fish were caught outside theConvention Area or in compliance with allrelevant CCAMLR Conservation Measures
and requirements under the Convention.
Conservation Measure 119/XVII
Requires Contracting Parties to prohibit its
flag vessels from fishing in the Convention
Area unless licensed or permitted to do so.The licence should be carried on board andmust include conditions of timely
notification of port entry and exit and
movement between sub-areas or divisions,reporting of catch data and operation of anautomated satellite-linked vessel
monitoring system (VMS).  Any
infringement of these conditions discoveredupon port arrival, departure or uponinspection in an EEZ are to be investigatedNo provisions. Article XXI
1.  Parties shall take appropriate
measures within its competence toensure compliance with theprovisions of this Convention and
with conservation measures adopted
by the Commission to which theParty is bound in accordance withArticle IX.2.  Parties shall transmit to the
Commission information on
measures taken pursuant toparagraph 1 above, including theimposition of sanctions for any
violation.
3.  The CCAMLR System ofInspection has been in operationsince 1989.  Inspections of fishing
and fisheries research vessels of
CCAMLR Flag States are beingcarried out regularly by CCAMLRInspectors designated by Members.Article XXV
1.  If any dispute
arises between two or more of theContracting Parties
concerning the
interpretation orapplication of thisConvention, thoseContracting Parties
shall resolve the
dispute bynegotiation, inquiry,mediation,
conciliation,
arbitration, judicialsettlement or otherpeaceful means of
their own choice.
2.  An unresolveddispute will, with theconsent of all Parties
to the dispute, be
referred forsettlement to the ICJor to arbitration.
Failure to reach
agreement onreference to the ICJor to arbitration shall
not absolve Parties to
the dispute from theresponsibility ofcontinuing to seek to
resolve it by any of
the various peacefulmeans inparagraph 1.
3.  In cases where theThe Contracting
Parties, realizing
that ConservationMeasure 170/XVIIIwould be most
effective if non-
parties agree toparticipate had theCommission drawup an "Explanatory
Memorandum" and
a "Policy toEnhance theCooperation
between CCAMLR
and non-
ContractingParties".
Non-parties are
urged to cooperatewith CCAMLR, asthey may import
toothfish caught in
the CCAMLRConservation Areaor provide ports
and landing
facilities to vesselswhich may havebeen illegally
fishing for
toothfish.WT/CTE/W/160
Page 12Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
CommissionMembers:States that have
ratified the
Convention, butare notCommission
members:
Bulgaria
Canada
Finland
GreeceThe Netherlandsand Peru.and dealt with in
accordance with national legislation.
Conservation Measure 170/XVIII
Adopted November 1999 and came into
force on 7 May 2000.  This measureestablishes Catch Documentation Scheme
which tracks the landings and trade flows
of toothfish(Dissostichus spp.) caught in theConvention Area and where possible,
adjacent waters.
Contracting Parties are required to ensure
that:
(i)  Each of their flag vessels licensed to
harvest toothfish shall be accompanied by acompleted catch document, confirmed by
the Flag State, for each catch landed or
transhipped;
(ii)  each shipment that is transhipped to
their flag vessels is accompanied by a
completed catch document, confirmed by
the Flag State;  and
(iii)  each shipment imported into their
territory is accompanied by an
export-validated toothfish catch document.dispute is referred to
arbitration, thearbitral tribunal shall
be constituted as
provided in theAnnex to thisConvention.
To date, Contracting
Parties have not hada dispute concerningthe interpretation or
application of the
Convention whichwould requirean arbitral tribunal
to be established.WT/CTE/W/160
Page 13IV. MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (MP)
Name of
MEA, date of
adoption and
objectiveWTO Members
that are non-
parties to the
MEA4Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
The Montreal
Protocol on
Substances thatDeplete theOzone Layer
1987 and its
amendments.(MP)
The Montreal
Protocol
develops aregime thatlimits the
release of
ozone-depletingsubstances(ODS) into the
atmosphere.There are 175
Parties to the MP.
Three  WTO
Members  are
non-parties:
Guinea Bissau
RwandaSierra Leone
The various
Amendmentshave less
ratifications, and
therefore lessParties.
London
Amendment:  139
Copenhagen
Amendment:  106
Montreal
Amendment:  37
Beijing
Amendment:  1Article 4
The measures are directed against non-
parties.  These measures are as follows:
(a)  Control of trade in ODS with
non-parties:
(i)  Annex A substances: import from non-parties banned fromJanuary 1990, export banned fromJanuary 1993;
(ii)  Annex B substances: import and
export banned from August 1993 fornon-parties to the LondonAmendment;
(iii)  Annex C – Group II - HBFCs:
import and export banned fromJune 1995 for non-parties to theCopenhagen Amendment.
(iv)  Annex C Group I
hydrochlorofluorocarbons (HCFCs):import and export ban with non-partiesto the Beijing Amendment from
1 January 2004.
(v)  Annex C Group III:  Import andexport ban with non-parties to theBeijing Amendment within one year
from the date of entry into force of the
Beijing Amendment.
(b)  Control of trade in ODS products withnon-parties:
Import of products (listed in Annex D)
containing Annex A substances bannedfrom May 1992;
It was decided at MOP V that it was not
feasible to ban or restrict trade in productsmade with, but not containing Annex AThe London
Amendment
under Article 10
Established a
Multilateral Fund
for incremental
costs.  The Fund hasdisbursed nearlyUS$1 billionto 120 developing
countries for the
purpose ofinstitutionalstrengthening,
training, project
preparation, andimplementation ofinvestment projects.
The Fund has the
obligation to meetall the agreedincremental costs of
developing
countries forimplementing thecontrol measures.
An indicative list of
agreed incrementalcosts approved bythe MOP IV was
established in 1991
(permanent in1992).  Thethree-year initial
budget for 1991-93
was US$240 millionand the budget wasArticle 8
In 1990 MOP II adopted
non-compliance procedures andestablished anImplementation Committee.  The
functions of the Committee are to
receive, consider and report on anysubmission made by one or moreParties and any information orobservations forwarded by the
Secretariat in connection with the
preparation of a report referred to inArticle 12 of the Protocol.  Afterreceiving a report by the
Committee, the Meeting of the
Parties may, taking intoconsideration the circumstances ofthe case, decide upon and call for
steps to bring about full compliance
with the Protocol, includingmeasures to assist a Party'scompliance and to further the
Protocol's objectives.
The Multilateral Fund, contributed
to by the developed countries,
meets all the agreed incremental
costs of all developing countries toimplement the control measures.Parties having difficulties meeting
their obligations under the Protocol
have notified the MOP underself-reporting provision of theprocedure.  In 1995, five countries
with economies in transition jointly
self-reported their foreseeablefailure to comply with theArticle 11 of the
Vienna Convention
for the Protection ofthe Ozone Layer
Applies to the
Montreal Protocol
and its amendmentsfor disputesettlement.  In theevent of a dispute,
Parties are:
1.  To first seek a
solution by
negotiation;
2.  if an agreement is
not reached by
negotiation, they
may jointly seek thegood offices of, orrequest mediation by
a third party;
3.  for those disputes
not resolved in
accordance with
negotiation ormediation, a Partymay declare that it
accepts one or both
of the followingmeans of disputesettlement as
compulsory:Article 4 (8)
Trade restrictions do
not apply if a
non-party is incompliance with the
Protocol.
Article 4 (8) states"Notwithstanding theprovisions of thisArticle, imports and
exports referred to in
paragraphs 1 to 4 ter
of this Article maybe permitted from, or
to, any State not
Party to thisProtocol, if that Stateis determined, by a
meeting of the
Parties, to be in fullcompliance withArticle 2,
Articles 2A to 2E,
Articles 2G and 2H
and this Article, andhave submitted data
to that effect as
specified inArticle 7. "
                                                     
4 Hong Kong, China and Macau, China are not Parties to the Montreal Protocol. China is a Party.WT/CTE/W/160
Page 14Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEA
4Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
substances.
Parties also decided that products
containing Annex B and Annex C,
Group II, substances or products madewith, but not containing the Annex C,Group II substances will not be listed.
(c)  Exports of ODS-technologies: Parties
to discourage “to the fullest practicableextent”, export of technology for
producing of ODS;  however, there are
exceptions for HCFCs and for equipmentor technology to recycle ODS.
MOP IX introduced, through the
Montreal Amendment (not yet in force),inter alia , trade controls for methyl
bromide (Annex E) with non parties:
-  From November 200 each Party shall ban
the import, and after November 2000, theexport, of methyl bromide from any Statenot Party to the Montreal Amendment.
-  Parties are to discourage the export of
technology for producing or for utilizingmethyl bromide to non-parties.
-  Each Party shall refrain from providing
any assistance for the export to non-partiesof any equipment or technology that would
facilitate production of methyl bromide.
• Recent trade-related decisions from
MOP XI include:
Three further adjustments, relating to
control and gradual phase-out ofproduction by developed countries ofCFCs, (chlorofluorocarbons), halons, otherreplenished in 1993,
1996 and 1999.As of the beginning
of 2000, the fund
has financed morethan 2000 projectsin developing
countries to meet
the costs ofchanging from CFCtechnologies to
more ozone-friendly
technologies.  Also,developingcountries have
received assistance
for institutionalstrengthening andtechnical advice to
help them reduce
their use of ODS.
The allocations so
far have been as
follows:  Period
Amount (US$ inMillions):
1991 to 1993:  $240
1994 to 1996:  $4551997 to 1999:  $4652000 to 2002:  $440
The GEF also
provides funds tocountries with
economies in
transition.  Thereare a number ofGEF-eligible
countries that are
Parties to theProtocol's control measures. (a)  Arbitration in
accordance withprocedures adopted
by the Conference of
the Parties at its firstmeeting;  or(b)  submission of
the dispute to the ICJ
However, if theParties have notaccepted the same or
any procedure, the
dispute shall besubmitted to aconciliation
commission which is
created upon therequest of one of theParties to the dispute.
This commission
shall be composed ofan equal number ofmembers appointedby each Party
concerned and a
chair chosen jointlyby the membersappointed by each
Party.  It shall render
a final andrecommendatoryaward, which the
Parties shall consider
in good faith.
There have been no
disputes to date.
Decisions arereached byconsensus.WT/CTE/W/160
Page 15Name of
MEA, date ofadoption andobjectiveWTO Members
that are non-parties to theMEA
4Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
fully halogenated CFCs andmethyl-bromide (Annex A, Band E substances) for basic domestic needs
of developing countries
The Beijing Amendment to the MontrealProtocol shall enter into forceon 1 January 2001, provided that at
least 20 instruments of ratification of the
Amendment have been deposited, or onthe 90th day following the date on whichthe required number of ratifications have
been reached.  Under the Protocol, HCFCs
are to be phased out in developed countriesby 2030 and in developing countriesby 2040.  The Beijing Amendment to the
Protocol will also ban trade in HCFCs with
countries that have not yet ratified theCopenhagen Amendment (1992), whichintroduced the HCFC phase out.
The Beijing Amendment also requires
developed countries to freeze theproduction of HCFCs in 2004at 1989 levels (measured as the average ofconsumption and production levels) and
developing countries to do so in 2016 with
a similar baseline of 2015.  Productionof 15 per cent above baseline will bepermitted to meet the “basic domestic
needs” of developing countries.  In
addition, the production of a recentlydeveloped ozone-depleting chemical,(bromochloromethane, which is a
controlled substance in a newly created
Group III of Annex C) is to be completelyphased out in all countries by1 January 2002.Protocol, where the
production orconsumption of
ODS is too high to
qualify for supportunder theMultilateral Fund.
These are mainly
countries in Centraland Eastern Europe,and the former
Soviet Union.  The
same criteria applyfor the funding ofozone projects
under the GEF as
under theMultilateral Fund.The GEF has
allocated US$148
million for 14 suchcountries.
Technology
Transfer under
Article 10A occursunder fair and mostfavourable
conditions.
Nearly 2500
projects are being
implemented in
developingcountries to shifttheir use to non-
ODS substances.WT/CTE/W/160
Page 16V. BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL
Name of MEA,
date of
adoption and
objectiveWTO
Members that
are non-
parties to theMEA
5Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Basel Conventionon the Control ofTransboundaryMovements of
Hazar dous
Wastes and theirDisposal, 1989.
This treaty
strictly regulatesthe transboundarymovements of
hazar dous wastes.
Parties areobliged to ensurethat such wastes
are managed and
disposed of in anenvironmentallysound manner.There are
136 Parties tothe BaselConvention.
26 WTO
Members arenon-parties:
Angola
Brunei  Darussalam
Cameroon
Central African  RepublicChad
Djibouti
Dominican  RepublicFuji
Gabon
GhanaGrenadaGuinea Bissau
Haiti
JamaicaKenyaLesothoMali
Malta
MyanmarRwandaSolomon
  Islands
SurinameSwazilandArticle 4
Article 4.1(a) - Parties can exercise their
right to ban import of hazardous waste;Article 4.1(b) - Parties are obliged to
prohibit export of covered waste to Parties
that have banned such imports;Article 4.1(c) - for wastes not specificallyprohibited by the importing state, Parties
will prohibit export of wastes if importing
country has not consented in writing to thespecific import;Article 4.2(e) - a Party shall prevent the
export of hazardous waste if it has reason
to believe that the waste will not bemanaged in an environmentally soundmanner;
Article 4.5 - prohibits trade in covered
waste with non-parties(no imports/exports);exception Article 11 – non-parties can
trade in hazar dous waste if transboundary
movements are subject to anotherappropriate bilateral/multilateral orregional agreement;
Article 4.6 - exports of hazar dous waste
prohibited for disposal in the area of 60°south latitude (Antarctica);Article 4.7 - packaging, labelling andtransport requirements for hazar dous
wastes.
Article 6
The state of export must obtain prior
informed consent from the importer.UNEP administers
two trust funds forBasel:
1.  A fund for the
implementation ofthe Conventionwhere funds are
based on the UN
scale of assessmentand;
2.  A technical
cooperation fund toassist developingcountries and other
countries in need of
assistance toimplement theConvention.  Parties
decide on the level
of contribution forthis fund.Other financial
resources come
from bilateralassistanceprogrammes amongParties.
Basel has no
specific financialmechanism to
facilitate technology
transfer.  This isproblematic as thereNo cases of non-compliance to
date.  The cases thus far have notnecessitated a mechanism.However, there have been some
bilateral discu ssions regarding
notification problems.
Parties are working towards
developing a compliance
mechanism that should benon-confrontational, transparent,cost-effective, preventative in
nature as well as flexible.  One of
the main items under considerationby the Legal Working Groupconcerns the composition and
tenure of the body to administer a
compliance mechanism.Article 20
Parties are to seek
the settlement of thedispute through
negotiation or any
other peaceful meansof their choice.
If this is
unsuccessful and if
the Parties to thedispute agree, thedispute is to be
submitted to:
(1)  The ICJ;  or(2)  arbitration inaccordance with the
provisions in
Annex VI.A Party may declarethat it recognizes as
compulsory the
submission of thedispute to either theICJ or arbitration.  If
the two Parties in the
dispute have chosendifferent methods ofdispute settlement,there is still an
ongoing
responsibility tocontinue to seekresolution through
negotiation.
In the event that
arbitration is theArticle 11
Parties can consent
to transboundarymovements with
non-parties provided
the provisions in theConvention are met.
There is a potential
incompatibility withthe Basel BanAmendment and
Article 11.  Will
non-Annex VIIcountries be allowedto trade with Annex
VII countries under
a bilateralagreement?
One Party affirmed
its position thatParties have a rightto undertake Article
11 arrangements
with States not listedin Annex VII.However, otherParties have
different views.
The EU has passed alaw applicable to itsMember States that
does not allow the
use of Article 11 inreference to
                                                     
5 Hong Kong, China and Macau, China are not Parties to the Basel Convention.  China is a Party.WT/CTE/W/160
Page 17Name of MEA,
date ofadoption andobjectiveWTO
Members thatare non-parties to the
MEA
5Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Togo
US
Zimbabwe
20 Parties have
ratified the 'Ban'
(19 WTO
Members):
Austria
Bulgaria
Czech Re public
EcuadorDenmark
Finland
LuxembourgNorwayPanama
Paraguay
UruguaySlovakiaSpain
Sri Lanka
SwedenTrinidad and  Tobago
Tunisia
UKECArticle 8
There is a duty to re-import if waste cannot
be disposed of in an environmentally soundmanner.
The Amendment to the Basel Convention
(1995) is a decision made at COP 2 to ban
movement of hazar dous waste headed for
final disposal and for recovery from AnnexVII countries (Parties and other States
which are members of OECD, EC,
Liechtenstein).  At COP 4, there was adiscussion concerning other countrieswhich wanted to join Annex VII.  These
countries are Monaco, Slovenia and Israel.
However, it was decided to wait and seehow the ban was functioning and to leaveAnnex VII unchanged until it is in force.
Then a decision can be made whether to
close Annex VII or to have open criteria.This issue was again raised by other Partiesat COP 5.  The Basel Ban has been ratified
by 20 Parties, but needs 62 ratifications to
be in force.
Trade measures within COP decisions are
Annex VIII and IX of the Convention,
decided upon at COP 4.  Annex VIII andIX clarify what is and what is notconsidered to be hazardous waste.  Non-
hazar dous material is listed in Annex IX
(list B) wastes.  Many of the recyclablematerials such as copper, zinc (and theirproducts) and other precious metals are in
Annex IX and are not considered
hazar dous unless they have been
contaminated.  Further clarification isneeded for some wastes, such as lead acidand zinc ashes (as these would be
hazar dous waste under Basel).is a lack of funds.
For example, the
TechnicalCooperation TrustFund to assistdeveloping
countries only had a
budget ofUS$600,000for 1997/8.  Further
development and
consolidation of theoperation of theregional and sub-
regional centres for
training andtechnology transferwill provide for
future assistance in
these areas.
Capacity building
(training and
informationmanagement) is alsocarried out by
Parties and the
Secretariat.  Thereare limited funds forcapacity building.
However, with the
recent a doption of
the BaselDeclaration on
Environmentally
Sound Managementefforts will increaseto assist Parties tominimize generation
of wastes and to
manage wasteschosen method, the
tribunal is to draw
up its own rules ofprocedure andrender its decision inaccordance with
international law and
with the provisionsof the Convention.It may take all
appropriate
measures toestablish the facts ofthe dispute and shall
render a decision
within a specifiedtime limit.  Theaward of the arbitral
tribunal shall be
accompanied by astatement of reasonsand be final and
binding on the
Parties to thedispute.
There have been no
disputes todate.Annex VII
countries.WT/CTE/W/160
Page 18Name of MEA,
date ofadoption andobjectiveWTO
Members thatare non-parties to the
MEA
5Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
At COP 5, The Basel Declaration on
Environmentally Sound Management was
adopted.  This Declaration outlines theactivities to be undertaken to achieve theobjectives of the practical implementationof environmentally sound management:
prevention, minimization, recycling,
recovery and disposal of wastes subject tothe Convention.
The Protocol on Liability and
Compensation for Damage resulting fromTransboundary Movements of HazardousWastes and their Disposal was also adopted
and opened for signature.  The Protocol
will enter into force once 20 Parties ratifyit.  This Protocol is to provide for acomprehensive regime for liability, as well
as adequate and prompt compensation for
damage resulting from the transboundarymovement of hazar dous wastes and other
wastes, including incidents occurring
because of illegal traffic.  At COP 6,
Parties agreed to re-evaluate the financiallimits to strict liability in this Protocol.generated in an
environmentally
sound manner.Parties agreed toprovideUS$300,000 per
year over a three-
year period (2000-2002) to initiateactivities for the
implementation of
the BaselDeclaration.WT/CTE/W/160
Page 19VI. CONVENTION ON BIOLOGICAL DIVERSITY (CBD)
Name of MEA,
date of
adoption and
objectiveWTO
Members that
are non-
parties to theMEA
6Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
The Conventionon BiologicalDiversity (CBD),1992.
The goal of this
treaty is theconservation of
biological
diversity, thesustainable use ofits components
and the fair and
equitable sharingof the benefitsarising out of the
utilization of
genetic resources.There are 177
Parties to theCBD.
Five WTO
Members arenon-parties:
Brunei
  DarussalamKuwait(signed, but not
ratified)
Malta(signed, but notratified)
Tanzania
US(signed, but notratified)The text of the Convention does not
explicitly refer to trade measures.  Nor doesthe Convention generally prescribe specificmeasures.  The provisions of the
Convention, with a few exceptions, set
goals.  The specific measures required toachieve these goals are largely theprerogative of the Parties.
Article 8(j)
Parties, subject to their national legislation,,
shall, as appropriate, respect, preserve andmaintain knowledge, innovations and
practices of indigenous and local
communities relevant for the conservationand sustainable use of biological diversityad encourage the equitable sharing of
benefits from the holders of such
knowledge;
Article 10(b)
Provides that Parties shall “[a]dopt
measures relating to the use of biologicalresources to avoid or minimize adverseimpacts on biological diversity”;
Article 15
Establishes a basis for the regime use of
genetic resources based on the fair andequitable distribution of their use.  This
access shall be subject to prior informed
consent of the Party.  Parties shall also takelegislative, administrative or policymeasures in accordance with Articles 16
and 19, with the aim of sharing in a fair and
equitable way the results of research anddevelopment and the benefits arising fromThe CBD contains
provisionsaddressing: transferof technology
(Articles 16
and 19);  marketincentives(Articles 10
and 11);  capacity
building(Articles 12and 18);  financial
support for
implementing theConvention(Articles 20
and 21);  as well as
participating in itsdecision-making(e.g. decision IV/17,
Table 4, Special
Voluntary TrustFund for theFacilitating
Participation of
Parties in theConvention Processfor the Biennium1999-2000);
awareness raising
(Article 13);scientific andtechnical
co-operation
(Article 18);research andThe CBD does not have a
compliance procedure.  Formalassessment of Parties ornon-parties compliance has not
occurred.
Article 26
Requires Parties to present to the
COP, reports on measures which
they have taken to implement theCBD's provisions and theireffectiveness in meeting its
objectives.  The first national
reports were dueon 31 December 1998.  By the
end of 1999 the Secretariat had
received 112 reports from Parties
and one report from a non-party.Article 27
In the event of a
dispute betweenParties they shall
seek a solution by
negotiation.  If theyare unable to reachagreement, they may
jointly seek
mediation by a thirdparty.A Party may make a
written declaration
to the Convention'sDepositaryaccepting a
compulsory dispute
resolution byarbitration, by theICJ or both, when
negotiation or
mediation havefailed.  Either ofthese judicial
procedures is
intended to lead to abinding decision.The procedures forarbitration are set
out in Part 1 of
Annex II.  In theevent of a conflictbetween two Parties,
the arbitral
provisions providefor the standardThere are no
Articles that dealdirectly with therights of
non-parties.
According to theCBD Secretariat, inpractice, however,
as meetings of the
Convention areopen to non-partiesand decisions are
taken by consensus,
they enjoy the same
role in the decision-making processes
of the CBD as
Parties.
One non-party has
submitted a report
on measures takento implement theCBD.
                                                     
6 Hong Kong, China and Macau, China are not Parties to the CBD.  China is a Party.WT/CTE/W/160
Page 20Name of MEA,
date ofadoption andobjectiveWTO
Members thatare non-parties to the
MEA
6Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
the commercial and other utilization of
genetic resources with the Party providing
the resources.  Such sharing will be onmutually agreed terms
Article 16
16(2)  Access to technologies to developing
countries will facilitated under fair andmost favourable terms, including onconcessional and preferential terms.  In the
case of technology subject to patents and
other intellectual property rights, the accessand transfer will be consistent withadequate and effective protection of
intellectual property rights.
16(3) Parties shall also take legislative,administrative or policy measures with theaim of providing Parties, especially
developing countries which have provided
genetic resources, with access to, andtransfer of, technology which makes use ofthose resources, on mutually agreed terms.
This includes technology protected by
patents and other intellectual propertyrights, as necessary.
Article 19
Parties shall take measures to advance
priority access on a fair and equitable basisto the Party that provided the genetic
resource, of the results  and benefits arising
from biotechnologies based on that geneticresources.19(3) requires Parties to consider the need
for a protocol on biosafety.
Article 22
The provisions in the CBD shall not affect
the rights and obligations of any Party
deriving from existing international
agreements, except when those rights andtraining (Article
12);
exchange ofinformation(Article 17);sustainable use of
biological diversity
(Article 10);  andincentive measures(Article 11).
The financial
mechanism for theCBD is the GEF.In total, the GEF
has approved
Biodiversityprojects amountingto over US$ 600
million.three-member panel,
as described under
theMontreal Protocoland theBasel Convention.
If more Parties are
involved, Parties "inthe same interest"are to nominate a
"common"
arbitrator.  If thedispute is taken tothe ICJ, the Statutes
of the ICJ apply to
the procedures.If the dispute is notsubmitted to
arbitration or the ICJ
because either theParties have notchosen a procedure,
or each has chosen a
different procedure,the dispute must besubmitted to
conciliation.
Conciliation doesnot lead to a bindingdecision, unless the
Parties agree
otherwise, but theproposals forresolution of the
dispute must
consider in goodfaith.  Theprocedures for thefive-member
conciliation
commission are setWT/CTE/W/160
Page 21Name of MEA,
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MEA
6Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
obligations would cause serious damage to,
or threaten biological diversity .out in Part 2 of
Annex II.
No disputes to date.WT/CTE/W/160
Page 22VII. CARTAGENA PROTOCOL ON BIOSAFETY
Name of MEA,
date of
adoption and
objectiveWTO
Members that
are non-
parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Cartagena Protocol onBiosafety (2000)
A protocol to the
CBD,  which hasas its objectivethe aim of
ensuring an
adequate level ofprotection in thefield of safe
transfer, handling
and use of LMOsthat may haveadverse effects on
the conservation
and sustainableuse of biologicaldiversity, taking
into account risks
to human health.The Protocol
was adopted on29 Jan. 2000.Currently there
are
68 signatories tothe Protocol.  Itwill enter into
force after 50
countries haveratified it .The preamble:
• Trade and environment agreements
should be mutually supportive
• The Protocol does not imply a change
in the rights and obligations of a Partyunder existing internationalagreements (including the WTO).
• The intent is not to subordinate the
Protocol to other international
agreements.
Article 2(4)
Parties can take more protective actions for
the conservation and sustainable use of
biological diversity than that called for inthe Protocol, provided that such action isconsistent with the objective and the
provisions of the Protocol and is in
accordance with that Party's otherinternational law obligations.
Article 7
Lays out the  Advanced Informed
Agreement (AIA) procedure which shallapply for the first international
transboundary movement of a LMO into
the environment of the Party of import.The AIA procedure is outlined in Articles 8to 10 and 12.  The procedure in Article 11
shall apply prior to the first transboundary
movement of LMOs intended for direct useas food or feed, or for processing.  The AIAshall not apply for living modified
pharmaceuticals which are addressed by
other international agreements orArticle 22
Explains that
Parties shallcooperate in the
development and/or
strengthening ofhuman resourcesand institutional
capabilities in
biosafety for thepurpose of effectiveimplementation of
the Protocol in
developing countryLDC Parties, smallisland developing
states and
economies intransition.
Article 28
States that the
financialmechanism of the
Protocol shall be
the same institutionas the Convention,the GEF.Article 34
The first MOP shall consider and
approve cooperative proceduresand institutional mechanisms to
promote compliance with the
provisions of this Protocol and toaddress cases of non-compliance.Article 32
The dispute
settlement provisionsof the CBD in
Article 27 apply to
the Protocol.Article 24(1)
Allows Parties to
enter into otherbilateral or regional
agreements which
are consistent withthe objective of theProtocol.
Parties shall
encouragenon-parties toadhere to the
Protocol as well as
to contribute theappropriateinformation to the
Biosafety Clearing-
House on LMOsreleased in, ormoved in and out
of their national
jurisdiction.WT/CTE/W/160
Page 23Name of MEA,
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MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
organizations, nor will it apply to LMOs in
transit or for contained use.
Article 8
Details that the Party of export shall notify,
or require the exporter to ensure written
notification to the competent national
authority of the Party of import prior to thefirst intentional transboundary movement ofan LMO into the environment of the Party
of import.  The notification shall contain, at
a minimum, the information specified inAnnex I.
Article 9
Requires that the Party of import to
acknowledge the receipt of the notificationin writing within 90 days, the procedure
specified in Article 10.  However, a failure
by the Party of import to acknowledgereceipt of a notification shall not imply itsconsent to an intentional transboundary
movement.
Article 10
Decisions taken by the Party of import shall
be in accordance with the risk assessment
under Article 15.  The Party of import shall,within the period of time referred to inArticle 9, inform the notifier, in writing,
whether the intentional transboundary
movement may proceed only after the Partyof import has given its written consent;  orafter no less than 90 days without a
subsequent wr itten consent.
The importing Party shall communicate inwriting within 270 days to the notifier andthe Biosafety Clearing-House its decision(and the reasons upon which the decision
was made) and may:  approve the import;
prohibit the import;  request additionalWT/CTE/W/160
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non-parties
information;  or extend the time-period.
The lack of scientific certainty due to
insufficient relevant scientific informationand knowledge regarding the extent of thepotential adverse effects of a LMO on theconservation and sustainable use of
biological diversity in the Party of import,
taking also into account risks to humanhealth, shall not prevent that Party fromtaking a decision, as appropriate, with
regard to the import of the living modified
organism in question, in order to avoid orminimize such potential adverse effects.
Article 11
Lays out the procedure for LMOs intended
for direct use as food or feed, or forprocessing.
A Party that makes a final decision
regarding domestic use of an LMOintended for direct use as food or feed, orfor processing, that may be subject to
transboundary movement shall,
within 15 days of making that decision,inform the Parties through theBiosafety Clearing-House.
A Party may take a decision on the import
of an LMO intended for direct use as foodor feed, or for processing, under itsdomestic regulatory framework, consistent
with the objective of this Protocol.  A
developing country or economies intransition, in absence of a domesticregulatory framework, may declare through
the Biosafety Clearing-House that its
decision prior to the first import of an LMOfor direct use as food, feed or for processingwill be taken according to the following:  arisk assessment in accordance with
Article 15 and that the decision will take
place within 270 days.WT/CTE/W/160
Page 25Name of MEA,
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MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
A failure by a Party to communicate its
decision shall not imply its consent or
refusal to the import of a LMO intended fordirect use as food or feed, or for processing.The lack of scientific certainty due toinsufficient relevant scientific information
and knowledge regarding the extent of the
potential adverse effects of a livingmodified organism on the conservation andsustainable use of biological diversity in the
Party of import, taking also into account
risks to human health, shall not prevent thatParty from taking a decision, asappropriate, with regard to the import of
that living modified organism intended for
direct use as food or feed, or for processing,in order to avoid or minimize such potentialadverse effects.
Article 12
Explains that a Party of import, may, at any
time, when there is new scientific
information on potential adverse effects on
biological diversity, taking into account therisks on human health, review and change adecision regarding the international
transboundary movement of an LMO.  A
Party of export may also request the Partyof import to review a decision it has madeunder Article 10 if there is a change of
circumstance that may influence the
outcome of the risk assessment on whichthe original decision was based;  or ifadditional scientific or technical
information becomes available.  The Party
of import may require a risk assessment forsubsequent imports.
Article 13
Allows for a simplified procedure for
transboundary movement of LMOs inWT/CTE/W/160
Page 26Name of MEA,
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MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
accordance with the objective of  the
Protocol and the Party of import notifies in
advance to the Biosafety Clearing-Housethat:
• Intentional transboundary movement
to it may take place at the same timeas the movement is notified to the
Party of import;  and
• imports of LMOs to it are to be
exempted from the advance informed
agreement procedure.
Article 14
Allows Parties to enter into other bilateral
or regional agreements consistent with the
objectives of the Protocol as long as thisdoes not result in lower protection than that
of the Protocol.  Parties shall inform each
other of these arrangements through theBiosafety Clearing-House.
Article 15
Explains that a risk assessment shall be
carried out in a scientifically sound manner,in accordance with Annex III.  Such risk
assessments shall be based, at a minimum,
on information provided in accordance withArticle 8 and other available scientificevidence in order to identify and evaluate
the possible adverse effects of LMOs on the
conservation and sustainable use ofbiological diversity, taking also intoaccount risks to human health.  The Party of
import shall ensure that risk assessments
are carried out for decisions taken underArticle 10.  It may require the Party ofexporter to carry out the risk assessment.
The notifier shall pay the cost of risk
assessment if the Party of import requiresWT/CTE/W/160
Page 27Name of MEA,
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MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
this.
Article 16
Parties shall establish and maintain
appropriate mechanisms to regulate,
manage and control risks associated with
the use, handling and transboundarymovement of LMOs.  Measures based on arisk assessment shall be imposed to the
extent necessary to prevent adverse effects
of LMOs on the conservation andsustainable use of biological diversity,taking account risks to human health within
the importing Party's territory.
Article 18
Explains the handling and transport
requirements for LMOs under the scope of
the Protocol:
• LMOs for food, feed or processing
shall be clearly identified that they"may contain" LMOs and are notintended for intentional introduction to
the environment as well as a contact
point for further information;
• LMOs that are destined for contained
use shall be clearly identified as LMOsand shall specify any requirements for
safe handling, storage, transport and
use as well as a contact point forfurther information: and
• LMOs for intentional introduction into
the environment of the Party of importshall be clearly identified as LMOs,
specifying the identity and relevant
traits, any requirements for safehandling, storage, transport and use, aWT/CTE/W/160
Page 28Name of MEA,
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Members thatare non-parties to the
MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
contact point for further information
and, as appropriate, the name and
address of the importer and exporterand a declaration that the movement isin conformity with the requirements ofthe Protocol applicable to the exporter.
Article 26
Parties, when reaching a decision on import
under the Protocol, or while implementing
the Protocol domestically, may take into
account socio-economic considerationsarising from the impact of LMOs on theconservation and sustainable use of
biological diversity, with regard to the
value of biological diversity to indigenousand local communities.
Annexes
Annex I sets out the information required in
notifications under Articles 8, 10 and 13(AIA Procedure and Simplified Procedure).
Annex II sets out the information required
for LMOs intended for direct use as food orfeed, or for processing under Article 11.Annex III gives greater details on the risk
assessments carried out pursuant to this
Protocol.WT/CTE/W/160
Page 29VIII.  UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC)
Name of MEA,
date of
adoption and
objectiveWTO
Members that
are non-
parties to theMEA
7Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
United NationsFrameworkConvention onClimate Change
(UNFCCC),
1992.
The objective of
the Convention
(Article 2) isstabilisation ofgreenhouse gas
concentrations in
the atmosphere ata level that wouldprevent
dangerous
anthropogenicinterference withthe climate
system.184 countries
have ratified theUNFCCC.There are
three WTO
Members whoare not Party tothe UNFCCC:
Brunei
  DarussalamTanzania
TurkeyThe UNFCCC does not directly restrict
trade, but actions of countriesimplementing the FCCC could havesignificant trade implications.  The
requirement to adopt National policies and
corresponding measures to mitigate climatechange is in Article 4.2(a.)
Article 3.5
International trade is specifically
mentioned in this article " … measurestaken to combat climate change, including
unilateral ones, should not constitute a
means of arbitrary or unjustifiablediscrimination or a disguised restriction oninternational trade."
According to the UNFCCC Secretariat, the
policies and measures adopted by Partieshave not had any adverse impacts on
international trade.Article 11
Establishes a
financialmechanism (which
is the GEF) to
provide financialresources, includingfor the transfer of
technology.
GEF covers the
difference (or
"increment")
between the costs ofa project undertakenwith global
environmental
objectives in mind,and the costs of analternative project
that the country
would haveimplemented in theabsence of global
environmental
concerns.Pursuant to Article 13 of the
UNFCCC, COP 4 considered theadoption of a MultilateralConsultative Process (MCP) for
the resolution of questions
regarding the implementation ofthe UNFCCC.  The proposedMCP is to be facilitative,
non-judicial, transparent and
co-operative.Article 14
The Parties
concerned shall seeka settlement of the
dispute through
negotiation or anyother peacefulmeans of their own
choice.  Parties may
make a writtensubmission at anytime as to whether
they recognize as
compulsory thesubmission of thedispute to the ICJ,
and/or arbitration.  If
Parties are unable tosettle their disputethrough the above
means, the dispute is
to be submitted, atthe request of any ofthe Parties
concerned to
conciliation.A conciliationcommission is to becreated upon the
request of one of the
Parties to thedispute, composedof an equal number
of members
appointed by eachNo article.
                                                     
7 Hong Kong, China and Macau, China are not Parties to the UNFCCC.  China is a Party.WT/CTE/W/160
Page 30Name of MEA,
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Members thatare non-parties to the
MEA
7Trade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Party concerned who
in turn jointly
choose a chair.  Thecommission is torender arecommendatory
award, which the
Parties shallconsider in goodfaith.
No disputes have
arisen betweenParties.WT/CTE/W/160
Page 31IX. KYOTO PROTOCOL
Name of MEA,
date of
adoption and
objectiveWTO
Members that
are non-
parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Rights of non-
parties
The KyotoProtocol, 1997.
A protocol to the
UNFCCC which is
a step towardsachieving theobjective of the
Convention by
reducingemissions fromAnnex I Parties.The Kyoto
Protocol is notyet in force.  Ithas 84
signatures and
22 ratifications.124 WTOMembers have
not yet ratified
the Protocol.According toArticle 25, it
needs at least 55
ratifications andthe Annex IParties that
ratify must
account for55 per cent ofcarbon dioxide
emissions for
1990.
The 13 WTO
Members that
have ratified theKyoto Protocolare:
Antigua and
  BarbudaBoliviaCyprus
Ecuador
El SalvadorFijiGuatemala
Jamaica
MaldivesArticle 2.1(a)
Annex I Parties shall implement and/or
further elaborate policies and measures inaccordance with national circumstances,
such as enhancement of energy efficiency
in relevant sectors of the national economyand progressive reduction or phasing out ofmarket imperfections, fiscal incentives, tax
and duty exemptions and subsidies in all
greenhouse emitting sectors that runcounter to the objective of the Conventionand application of market instruments.
Article 2.3
Annex I Parties will strive to implement
policies and measures in such a way as to
minimize adverse effects, including effects
on international trade.
The Kyoto Protocol sets out three
flexibility mechanisms:
Article 6
Joint Implementation (projects in other
Annex I countries to help meet a Party's
commitments.)
Article 12
Clean Development Mechanism (CDM)
(CDM allows Annex I Parties to invest in
projects in developing countries to achievesustainable development, contribute to theobjective of the Convention and assist
Parties in meeting commitments).
Article 17
Emissions Trading (undefined).Article 11
Adopts the
financialmechanism of the
Convention, which
is the GEF.A compliance system for the Kyoto
Protocol is being developed.  TheKyoto Protocol provides forprocedures and mechanisms to
determine and to address cases of
non-compliance.
Article 16
Provides that the COP can consider
and modify as appropriate theMultilateral Consultative Processthat is referred to in Article 13 of
the UNFCCC.  The MCP applied to
the Kyoto Protocol shall operatewithout prejudice to the proceduresand mechanisms established under
Article 18 of the Protocol.Article 14 of the
UNFCCC
Governs dispute
settlement for the
Kyoto Protocol.No article.WT/CTE/W/160
Page 32Name of MEA,
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MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Rights of non-
parties
Nicaragua
Panama
ParaguayTrinidad and  TobagoWT/CTE/W/160
Page 33X. INTERNATIONAL TROPICAL TIMBER AGREEMENT (ITTA)
Name of MEA,
date of
adoption and
objectiveWTO
Members that
are non-
parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
InternationalTropical TimberAgreement(ITTA), 1994.
(Successor
agreement to theInternationalTropical Timber
Agreement,
1983).ITTA, 1994 seeksto promote
international trade
in tropical timber,the sustainablemanagement of
tropical forests,
and thedevelopment oftropical forest
industries through
internationalcooperation,policy work and
project activities.ITTO has 
54 Parties,comprised of29 producing
members and
25 consumingmembers.
87 WTO
Members arenot Party to theAgreement.Article 36
According to this article, nothing in the
agreement authorizes the use of measures torestrict or ban international trade, and in
particular, as concerns imports of, and
utilization of timber and timber products.There are no provisions for trade measuresin the ITTA 1994 or ITTA, 1983.
However, following the entry into force of
the ITTA, 1994 on 1 January 1997, theITTO’s mandate on trade has been updatedand refined.  This is reflected in six
trade-related objectives of the agreement
which are outlined in Article 1 :
(b)  To provide a forum for consultation
to promote non-discriminatory timber
trade practices;
(d)  To enhance the capacity of members
to implement a strategy for achieving
exports of tropical timber and timberproducts from sustainably managedsources by the year 2000;
(e)  To promote the expansion and
diversification of international trade intropical timber from sustainable sources byimproving the structural conditions in
international markets, by taking into
account, on the one hand, a long-termincrease in consumption and continuity ofsupplies, and, on the other, prices which
reflect the costs of sustainable forest
management and which are remunerativeand equitable for members, and theimprovement of market access;The ITTA, 1994
provides for theestablishment of theBali Partnership
Fund for the
sustainablemanagement oftropical timber
producing forests.
The fund isexclusively reservedfor producing
members to achieve
objective (d) of theITTA, 1994 and isadditional to the
Special Account.
Article 20 whichprovides for theestablishment of the
Special Account
comprising of thePre-ProjectSub-Account and
the Project
Sub-Account.  Thesources of financefor the account maycome from the
Common Fund for
Commodities(UNCTAD),regional and
international
financial institutionsand voluntarycontributions.  The
resources of the
account shall beNo article. Article 31
Any complaint that a
member has failed tofulfil its obligations
under this
Agreement and anydispute concerningthe interpretation or
application of this
Agreement shall bereferred to theInternational
Tropical Timber
Council for decision.The Council is thehighest authority of
the ITTO and
consists of allmembers of theOrganization.
Decisions of the
Council on thesematters shall be finaland binding.The Agreement is
opened to accessionby any country.According to the
ITTO Secretariat, all
States that areconsidered keyplayers are members,
except the Russian
Federation.WT/CTE/W/160
Page 34Name of MEA,
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measuresNon-compliance mechanism Disputes Provisions for
non-parties
(h)  To improve market intelligence with a
view to ensuring greater transparency in
the international timber market, includingthe gathering, compilation, anddissemination of trade-related data,including data related to species being
traded;
(k)  To improve marketing and distribution
of tropical timber exports from sustainably
managed sources;  and
(m)  To encourage information sharing on
the international timber market.
The ITTO Year 2000 Objective is a
commitment of all members to attainexports of tropical timber products fromsustainably managed sources by the year
2000.  The Year 2000 Objective has been
incorporated as one of the operativeobjectives of ITTA, 1994.   The status ofthe objectives of ITTA, 1994 are viewed in
the context of Article 32, which stipulates
that members shall use their bestendeavours and cooperate to promote theattainment of the objectives of the
agreement and to avoid any actions
contrary thereto.   Members also undertaketo accept and carry out the decisions of theInternational Tropical Timber Council
under the provisions of the Agreement (and
in pursuit of its objectives) and shall refrainfrom implementing measures which wouldhave the effect of limiting or running
counter to them.  These general obligations
are binding on all members.used only for
approved ITTO
pre-projects andprojects.Following the entryinto force of the
ITTA, 1994, work
on finalizing theoperation of the BaliPartnership Fund
has been completed
and members, aswell as theinternational donor
community, are
being asked to makepledges andcontributions to the
fund.WT/CTE/W/160
Page 35XI. ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND
PESTICIDES IN INTERNATIONAL TRADE (PIC)
Name of MEA,
date of
adoption andobjectiveWTO
Members that
are non-parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Rotterdam
Convention on
the Prior
Informed ConsentProcedure forCertain
Hazar dous
Chemicals andPesticides inInternational
Trade (PIC),
1998.
The Convention
provides that
where a chemical
that is banned orseverelyrestricted by a
Party is exported
from its territory,that Party shallprovide an export
notification to the
importing  Party.PIC has been
ratified by
three Parties
and needs50 ratificationsto be in force.
The
Conventionhas beensigned by
73 countries.The preamble emphasizes that the rights
and obligations of a Party under any
existing international agreement applying
to chemicals in international trade or toenvironmental protection are not changedby this agreement.
Article 7
Sets out the procedure to list chemicals
that are subject to the PIC that are listed in
Annex III.
Article 9
Contains the procedure for de-listing a
chemical from Annex III.
Article 10.4
A Party is to inform the Secretariat
whether it is allowing the import (either an
interim or final decision) of a chemical
listed in a decision guidance document(DGD),
Article 10.9
If a Party takes a decision not to consent to
import of a chemical or to consent to itsimport only under specified conditions it
shall, simultaneously prohibit or make
subject to the same conditions:  the importof the chemical from any source;  and thedomestic production of the chemical for
domestic use.
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, inArticle 16
Provides for
technical assistance.
The agreement hasnot yet developedfunding for
technical assistance
and this will bediscussed at the firstCOP.  However, in
the PIC interim
stage there areproblems withfunding fordeveloping
countries, as well as
for general funds forthe operation of theSecretariat.Article 17
Instructs the COP to develop and
approve procedures and
institutional mechanisms fordetermining non-compliance withthe provisions of this Convention
and for treatment of Parties found
to be in non-compliance.Article 20
Provides that Parties
shall settle disputes
through negotiationor by other peacefulmeans.  Upon
ratification (or
accession) to PIC, aParty may declare inwriting that it
recognizes
Arbitration(procedures to beadopted in an annex)or the ICJ, or both;
as compulsory in
relation to any Partythat has accepted thesame obligation.
If the Parties to a
dispute have notaccepted the same orany procedure and if
they have not been
able to settle theirdispute within a setperiod of time, the
dispute shall be
submitted by requestof any Party to aconciliation
commission.  The
conciliationcommission shallrender a report with
recommendations.PIC does not have
any trade measures
against non-parties.WT/CTE/W/160
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MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
exceptional circumstances, has failed to
transmit a response or has transmitted an
interim response that does not contain aninterim decision unless the chemical islisted by the Party for import, or there isprior informed consent.
Article 12.1
Where a chemical that is banned or severely
restricted by a Party is exported, that Party
shall provide an export notification to the
importing  Party.
Article 13.2 and 3
Information, health and safety labelling
requirements for chemicals listed inAnnex III.
Article 15.4
Parties are allowed to take action that is
more stringently protective of humanhealth and the environment than is called
for in PIC, provided that such action is
consistent with its provisions and is in
accordance with international law.Additional
conciliation
commissionprocedures shall beadopted in an annexno later than at
COP II.WT/CTE/W/160
Page 37XII. DRAFT PERSISTENT ORGANIC POLLUTANTS CONVENTION (POPS)
Name of MEA,
date of adoption
and objectiveWTO
Members that
are non-
parties to theMEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
Draft Persistent
Organic Pollutants
Convention (POPs).
A draft convention
to ban the
production, importand export ofspecific chemicalsand pesticides.  The
POPS Mandate
comes fromDecision 18/32 ofUNEP's  Governing
Council which
states that persistentorganic pollutantspose major and
increasing threats to
human health andthe environment. Itsobjective is still to
be drafted.POPs is in draft
stage.  At the
latest meeting,INC 4, inMarch 2000,
121 countries
sentrepresentativesto negotiate thePOPs
Convention.Draft Article D
In paragraph one,  Parties shall prohibit
or eliminate the production, import,export, transit and use of the POPschemicals listed in Annex A
(Elimination).
In paragraph two, Parties shall prohibit oreliminate the production and use of thePOPs chemicals listed in  Annex B(Restriction).
Draft Article E
Calls for the development of national
plans to implement the agreement.
National implementation may effect
trade.
Draft Article N bis
Is entirely bracketed, provides that this
Convention will not affect the rights andobligations of any Party deriving fromany existing international agreement.Draft Article J
Addresses technical
assistance.In the draft text,technical assistance
will be provided
taking into accountthe need to developand strengthen thecapacities of
developing
countries andeconomies intransition to fulfil
their obligations
under theConvention.
Draft Article K
Addresses financial
resources andmechanism.  The
bracket text states
that developedcountries shallprovide developing
countries and
economies intransition withfinancial assistance
in order to
implement theConvention.Parties, in
accordance with
their capabilitiesshall undertake toprovide financial
support andDraft Article M
Asks the COP to develop, as soon
as practicable,  a mechanism fordetermining non-compliance.Draft Article N
Parties shall settle
disputes throughnegotiation or byother peaceful
means.  Upon
ratification (oraccession) of POPs,a Party may declarein writing that it
recognizes
Arbitration(procedures to beadopted in an annex)
or the ICJ, or both, as
compulsory inrelation to any Partythat has accepted the
same obligation.
If the Parties to adispute have notaccepted the same or
any procedure and if
they have not beenable to settle theirdispute within a set
period of time. Then,
the dispute shall besubmitted by requestof any Party to a
conciliation
commission whichshall render a reportwith
recommendations.
Additionalconciliationcommission
procedures will beNon-parties have not
been discussed in
detail.WT/CTE/W/160
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date of adoptionand objectiveWTO
Members thatare non-parties to the
MEATrade-related measures Supportive
measuresNon-compliance mechanism Disputes Provisions for
non-parties
incentives fornational activitiesto achieve the
Convention's
objectives.  One ofthe proposals is forthe GEF to fund the
POPs Convention.
Other mechanismsfor funding havealso been proposed.adopted in an annex
no later than atCOP II.WT/CTE/W/160
Page 39
ANNEX
LIST OF MEAS CONTAINING POTENTIAL TRADE MEASURES
1. The following list has been compiled from a UNEP document which enumerates all
"International Treaties and Other Agreements in  the Field of the Environment", of which there
are 2388.  This list covers those international treaties that contain trade-related measures, or whose
Parties have adopted trade provisions in Resolutions  or Conservation Measures in furtherance of the
objectives of the agreement.  Also included in the list are agreements which do not contain trade
measures as such, but do contain pr ovisions that may have possible c onsequences for trade during their
implementation by Parties.  This Annex updates a GATT document issued in 1992 that listed MEAswhich contained trade measures as of mid-1991
9 and a document issued in 1994 for the Sub-Committee
on Trade and Environment.10
2. Some of the agreements listed are regional agreements that are open to Members from a
regional group11 while other agreements cover specific species that are limited to a region.12
Agreements that are not yet in force are marked with an asterix*.
• Convention Relative to the Preservation of Fauna and Flora in their Natural State,
1933, which was superseded by the African Convention on the Conservation ofNature and Natural Resources, 1968;
• Convention on Nature Protection and Wild Life Preservation in the
Western Hemisphere, 1940
13;
• International Convention for the Protection of Birds, 1950;
• International Plant Protection Agreement, 1951;
• Plant Protection Agreement for the South East Asia and Pacific Region, 1956;
• Agreement Concerning the Co-Operation in the Quarantine of Plants and their
Protection against Pests and Diseases, 195914;
• International Convention For The Conservation Of Atlantic Tunas (ICCAT), 196615;
• Phyto-Sanitary Convention for Africa, 1967;
• African Convention on the Conservation of Natural Resources, 1968;
                                                     
8 UNEP, The Register of International Treaties and Other Agreements in the Field of the Environment,
Nairobi, 1999 (pending publication).
9 Appendix I of GATT International Trade 1990-91  (Volume 1, pages 45-47).
10 PC/SCTE/W/3, 13 October 1994.
11 For example the Phyto-Sanitary Convention for Africa, 1967 is open to Members of the Organization
for African Unity or the Benelux Convention Concerning Hunting and the Protection of Birds, 1970, which isopen to the three Benelux Member States.
12 Convention for the Conservation and Management of the Vicuña, 1979 and Agreement on the
Conservation of Polar Bear, 1973.
13 Article 9 of the Agreement, which contains the trade-related measures is de facto  superseded by
CITES.
14 This agreement was administered by the Council for Mutual Economic Assistance, which no longer
exists.  The status of this agreement is therefore unclear.
15 The Convention does not contain trade measures, but trade-related measures have been adopted in
the following conservation measures whic h are binding to Contracting Parties.WT/CTE/W/160
Page 40
• European Convention for the Protection of Animals during International Transport,
1968;
• Benelux Convention Concerning Hunting and the Protection of Birds, 1970;
• Agreement on the Conservation of Polar Bear, 197316;
• Convention on the International Trade in Endangered Species of Wild Fauna and
Flora (CITES), 1973;
• Convention on Future Multilateral Cooperatio n in the North-West, Atlantic Fisheries,
1978;
• Convention for the Conservation and Management of the Vicuña, 197917;
• The Antarctic Convention on Marine Living Resources (CCAMLR), 1980;
• *ASEAN Agreement on the Conservation of Nature and Natural Resources, 1985;
• The Montreal Protocol on Substances that Deplete the Ozone Layer, 1987 and its
amendments;
• Wellington Convention for the Prohibition of Fishing with Long Drift Nets in the
South Pacific, 1989;
• Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal, 1989;  18
• Bamako Convention on the Ban of the Import into Africa and the Control of
Transboundary Movement and Management of Hazardous Wastes withinAfrica, 1991;
• Regional Agreement on the Transboundary Movement of Hazardous Wastes,
1992;
• *Convention to Ban the Importation into Forum Island Countries of
Hazardous and Radioactive Wastes and to Control the TransboundaryMovement and Management of Hazardous Wastes within the South Pacific
Region, 1995 (Waigani Convention);
• *Protocol on the Prevention of Pollution of the Mediterranean Sea by
Transboundary Movements of Hazardous Wastes and their Disposal, 1996
(Izmir Protocol).
• *Protocol Concerning Specially Protected Areas and Wildlife to the Convention for
the Protection and Development of the Marine Environment of the Wider CaribbeanRegion, (Protocol of the Cartagena Convention), 1990;
• The Convention on Biological Diversity, 1992,  and the *Cartagena Protocol on
Biosafety, 2000;
                                                     
16 The polar bear has been included in Appendix II of CITES.
17 The vicuña has been included in Appendix II of CITES.
18 The four agreements with bullet points are regional agreements relevant to articles of
the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal, which allow for the establishment of regional agreements that may be equal to or stronger than its own
provisions.WT/CTE/W/160
Page 41
• United Nations Framework Convention on Climate Change (UNFCCC), 1992 and the
*Kyoto Protocol, 1997;
• Convention for the Conservation of Southern Bluefin Tuna, 1993;
• International Tropical Timber Agreement (ITTA), 1994;
• *Rotterdam Convention on the Prior Info rmed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade (PIC), 1998;  and
• *Draft Persistent Organic Pollutants Convention (POPs).
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