Committee on Trade and Environment - Special Session - An Alternative Approach for Negotiations under Paragraph 31(iii) - Submission by India

An Alternative Approach for Negotiations under Paragraph 31(iii)

 

Submission by India

 

 

            The following communication, dated 2 June 2005, is being circulated at the request of the Delegation of India.

 

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I.                   Background

1.                  The Doha Ministerial Declaration (DMD) mandates Member countries to negotiate on the reduction or, as appropriate, elimination of tariff and non-tariff barriers to environmental goods and services with a view to enhancing the mutual supportiveness of trade and environment.  The intent inherent in this is to bring economic benefits (promote dynamic efficiency in production and greater access to consumption goods at lower prices), developmental benefits (addressing basic human needs in terms of the Millennium Development Goals) and environmental benefits (promote sustainable modes of production and consumption), and achieve gains from trade with improvement in environmental quality so that it leads to "win-win" situations.

2.                  Following the Ministerial Mandate, identification of environmental goods has been at the core of the negotiation process so far.  A number of Member countries and groups have made their submissions.  New Zealand has called for a pragmatic approach to the negotiations in which the Members could "define (environmental goods) by doing".  It suggested that certain reference points would guide the identification of environmental products.[1]  It also expressed a preference for adoption of a "single consensus list" of environmental goods but stated that a dual-list approach could also be considered in the event that agreement on one list could not be obtained.  New Zealand also introduced the concept of a "living list" which would allow an agreed list to be updated for technological progress.  The EC also urged a "pragmatic" and "innovative" approach.  The EC’s suggestion is to develop guiding principles for identification of environmental goods, so as to include goods used in pollution control and resource management and goods that have a high environmental performance or low environmental impact.[2]  It suggested that negotiations should define categories general enough to cover all related technology for given purposes.  The South Korean submission has presented an initial list of environmental goods which has been created on the basis of criteria viewed by South Korea as "practical" and which could be "broadly accepted and applied by WTO Members".[3]  Some countries have also argued that the environmental goods can include goods produced in an environmentally friendly manner.  The United States (US) attempted to address the environmental goods negotiations in a "creative" and "flexible" manner.  It proposed the use of two lists - Core and Complementary.  The Core List would deal with two categories:  Environmental Remediation and Pollution Prevention and Clean Technologies.[4]_  This list, as suggested by the US, would be arrived at by consensus and definite concessions would have to be committed.  The Complementary List would contain products on which consensus could not be arrived at.



[1]New Zealand's submission TN/TE/W/46 on 10 February 2005.

[2]EC's submission TN/TE/W/47 on 17 February 2005.

[3]Korea's submission TN/TE/W/48 in the CTESS on 18 February 2005.

[4]US' submissions TN/MA/W/18/Add.5 and TN/TE/W/38.