WORLD TRADE ORGAN1ZATION ORGANISATION MONDIALE DU COMMERCE ORGANIZACION MUNDIAL DEL COMERCIO To: From: CTE Members Ambassador Alejandro Jara Chairman of the Committee on Trade and Environrnent Number of pages (including this one): 5 Fax No: see attached list Date: 20 February 2002 Ref: COMMITTEE ON TRADE AND ENVIRONMENT Communication from the Chairman Informal consultations on Friday, 1 March 2002 3h30 p.m. I would like to invite your delegation to participate in an informal consultation of the Committee on Trade and Environment (CTE) as a whole on Friday 1 March 2002 at 3h30 p.m. Centre William Rappard. The purpose of the consultation is for Members to provide input on the work programme and schedule of meetings for the CTE, as well as the Special Sessions. In order to structure the debate and facilitate the discussions at the informal, I have drafted the attached questions to help Members in their reflection on the issues before us. For clarifications on the attached questions, Members may contact Ms. Sabrina Shaw, Secretary of the CTE (739-5482) or Ms. Doaa Abdel Motaal, Secretary of CTE Special Session (739-5875). Ambassador Alejandro Jara Chairman Committee on Trade and Environment WTO OMC Page 2 The Secretariat proposes the following schedule of meetings: 21-22 March (a one- day meeting ot the CTE followed by one day for the Special Session), 11-14 June (a two day meeting of the Special Session followed by two days for the CTE. The Special Session would need to take place first to avoid overlap with the meetings of other negotiating bodies), and 8-11 October (a two day meeting of the CTE followed by two days for the Special Session). The dates must be seen as tentative, however, since the WTO Conference Office is in the process of coordinating a calendar for all WTO meetings this year with the objective of avoiding clashes between negotiating bodies. Questions for Members to consider for the CTE As set out in the CTE Report for 2001, should the "thematic cluster" approach of market access and the linkages between the multilateral environmental and trade agendas be kept (see attached draft Schedule of meetings for the CTE in 2002)? Is there a need to include the three issues of "particular action" in paragraph 32 of the Doha Declaration at each meeting? On Paragraph 32(i), should discussions on trade liberalization continue to be approached sector by sector sector as has been past practice (i.e. agriculture, energy, fisheries, forestry, textiles and clothing, leather, nonferrous metals, environmental goods and services)? How should the MEA Information Session be structured? One suggestion is to focus the next MEA Information Session on technical assistance and capacity building, as well as procedures for regular information exchange between MEA and WTO Secretariats How should paragraph 33, which has two aspects, be approached? Should Members and intergovernmental agencies as well as the WTO Secretariat be invited to report as appropriate on their technical assistance and capacity building activities; and to share expertise and experience on environmental reviews at the national level? How should Paragraph 51 be approached? Should Members be invited by the Chair to identify and debate developmental and environmental aspects of the negotiations? Should paragraphs 33 and 51 be included as standing items in the CTE agenda at each meeting? Questions for Members to consider for CTE Special Sessions Based on the consultations Mr. Rodriguez has held with Members, it appears that Members prefer to hold Special Sessions back-to-back with the regular meetings of relevant bodies. This would certainly facilitate the participation of capital-based officials. Could Members agree that the Chair be given the flexibility to call for more meetings of the Special Session (beyond the three that would be held back-to-back with the CTE) if the need arises, bearing in mind the need to keep the overall number of meetings to a minimum and to avoid overlap with the meetings of other negotiating bodies? Since paragraph 31 contains only three subparagraphs, can paragraph 31 feature on each of the meetings of the CTE Special Sessions in its entirety? Is there a need to structure the work of the CTE Special Sessions by, for instance, deciding on different phases of work (a study phase, in which members could submit and debate proposals, and a negotiations phase, in which members could negotiate the final outcome)? WTO OMC Page 3 DRAFT Work Programme and Schedule of Meetings for the Regular CTE in 2002 1. In the 2001 Report of the Committee on Trade and Environment (WT/CTE/6), the CTE agreed to hold three meetings in 2002 to continue to deepen its analysis of all items on its work programme based on the thematic clusters of market access and the linkages between the multilateral environmental and trade agendas. 2. Paragraph 32 of the Doha Ministerial Declaration instructs the CTE, in pursuing work on all items on its agenda within its current terms of reference, to give particular attention to: (i) the effect of environmental measures on market access, especially in relation to developing countries, in particular the least-developed among them, and those situations in which the elimination or reduction of trade restrictions and distortions would benefit trade, the environment and development; (ii) the relevant provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights; and (iii) labelling requirements for environmental purposes. 3. In paragraph 33, Ministers recognize the importance of technical assistance and capacity building in the field of trade and environment to developing countries, in particular the least developed among them; and also encourage that expertise and experience be shared with Members wishing to perform environmental reviews at the national level. A report shall be prepared on these activities for the Fifth Session. 4. Paragraph 51 sets out that the CTE shall, within its mandate, act as a forum to identify and debate developmental and environmental aspects of the negotiations, in order to help achieve the objective of having sustainable development appropriately reflected. Schedule 5. In pursuing these objectives, the following schedule of meeting is proposed. The proposal to give particular attention to the issues identified in paragraph 32 of the Doha Ministerial Declaration at each meeting, while allowing Members to address all the other items on the work programme, as well as paragraphs 33 and 51. 6. The CTE meeting of 21 March will address: Issues identified in paragraph 32 of the Ministerial Declaration; Items relevant to the market access cluster: Item 2: the relationship between environmental policies relevant to trade and environmental measures with significant trade effects and the provisions of the multilateral trading system; WTO OMC Page 4 Item 3: the relationship between the provisions of the multilateral trading system and: (a) charges and taxes for environmental purposes; (b) requirements for environmental purp@s relating to products, including standards and technical regulations, packaging, labelling and recycling; and Item 4: the provisions of the multilateral trading system with respect to the transparency of trade measures used for environmental purposes and environmental measures and requirements which have significant trade effects. 7. Paragraph 33; and Paragraph 51 At a meeting on 13-14 June, the CTE will hold: An MEA Information Session. The CTE will then address: Items related to the cluster on linkages between the multilateral environmental and trade agendas: Item 1: the relationship between the provisions of the multilateral trading system and trade measures for environmental purposes, including those pursuant to multilateral environmental agreements; Item 5: the relationship between the dispute settlement mechanisms in the multilateral trading system and those found in multilateral environmental agreements; Item 7: the issue of exports of domestically prohibited goods. 8. Issues identified in Paragraph 32 of the Ministerial Declaration; Paragraph 33; and Paragraph 51 On 8-9 October, discussion in the CTE will address: Issues identified in Paragraph 32 of the Ministerial Declaration: Item 9: the work programme envisaged in the Decision on Trade in Services and the Environment; Item 10: input to the relevant bodies in respect of appropriate arrangements for relations with intergovernmental and non-governmental organizations referred to in Article V of the WTO; Other Items; Paragraph 33; Paragraph 51; and Report of the CTE in 2002 WTO OMC Page 5 DRAFT Work Programme and Schedule of Meetings for CTE Special Sessions in 2002 CTE Special Sessions will be convened back-to-back with each meeting of the regular CTF, and at each meeting paragraph 31 of the Doha Ministerial Declaration will be taken up in its entirety. Paragraph 31 states that: “With a view to enhancing the mutual supportiveness of trade and environment, we agree to negotiations, without prejudging their outcome, on: (i) (ii) (iii) the relationship between existing WTO rules and specific trade obligations set out in multilateral environmental agreements (MEAs), negotiations shall be limited in scope to the applicability of such existing WTO rules as among parties to the MEA in question. The negotiations shall not prejudice the WTO rights of any Member that is not a party to the MEA in question; procedures for regular information exchange between MEA Secretariats and the relevant WTO committees, and the criteria for the granting of observer status; the reduction or, as appropriate, elimination of tariff and non-tariff barriers to environmental goods and services.” The first meeting of the CTE Special Session will take place on 22 March, the second on 11-12 June, and the third on 10-11 October. Additional meetings may be called for by the Chairman as necessary, keeping in mind the need to keep the overall number of meetings to a minimum and to avoid overlap with the meetings of other negotiating bodies.