日期: | 2014/12/03 |
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作者: | Committee on Trade and Environment |
文件編號: | WT/CTE/21 |
附件下載: | WTCTE21.doc |
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REPORT (2014) OF THE COMMITTEE ON TRADE AND ENVIRONMENT
1.
In 2014, the
Committee on Trade and Environment in Regular Session (CTE) met twice under the
Chairmanship of Ambassador Päivi Kairamo (
2.
The work of the CTE was organized in accordance with the mandate
established by the Doha Ministerial Declaration, Paragraphs 32, 33
and 51.[3]
Discussions took place mainly on environmental requirements and market access
issues under Paragraph 32(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").
Other items addressed by the CTE were Paragraph 32(iii) on labelling
requirements for environmental purposes, and item 1.[4]
3.
No discussion
took place under Paragraph 32(ii) (relevant provisions of the TRIPS Agreement);
Paragraph 33 (technical assistance, capacity building and environmental
reviews); and Paragraph 51 (developmental and environmental aspects of the
negotiations).
1.1 Paragraph 32(i)
(Environmental Requirements and Market Access)
1.1.1 First part of Paragraph 32(i) – "The
effect of environmental measures on market access, especially in relation to
developing countries, in particular the least-developed among them"
1.1.1.1 Environmental
footprint of products
4.
At the June meeting, the International
Organization for Standardization (ISO) provided an
update on the ISO 14067 technical specification related to the
requirements and guidelines for quantification and communication of greenhouse
gas footprint of products and informed that an ad-hoc group had been established
in May 2014 to analyse trade impacts associated with the application of
ISO 14067. ISO also shared updated
information on ISO draft international standard (DIS) 14046 related to the
principles, requirements and guidelines for assessing and reporting the water
footprint of products, processes and organizations.
5.
Several
delegations expressed support for the ISO and the development of standards and
technical specifications based on scientifically grounded methodologies. Some
delegations raised concerns over the possible impact of standards on market
access, in particular for small and medium sized enterprises (SMEs) in
developing countries, and the risk that such standards could be used as a trade
barrier. One delegation stated that the assessment of carbon footprint on a
lifecycle basis raised concerns similar to those related to processes and
production methods.
6.
At the October
meeting, the European Union (EU) provided an update on the voluntary
pilot phase of environmental footprint of products and organizations
methodology under the EU Single Market for Green Products Initiative. It aims
to improve the availability of clear, reliable and comparable information on the
environmental performance of products and organisations, and it is based on existing ISO standards. The three year pilot phase
(2013-2016), covering a broad range of industrial and agriculture products,
aimed to test: (1) the process for the development of specific product and
organization environmental footprint category rules; (2) different
verification approaches; and (3) various communication methods. The
European Union stressed the open and transparent character of the process, with
a significant participation of stakeholders from all over the world.
7.
Members generally
reiterated their interest in the topic of environmental footprint of products.
Several delegations asked for details on the European pilot projects. One
delegation welcomed the opportunity to participate in this initiative. Several
delegations noted that, in general, the proliferation of labelling schemes
could represent trade barriers to developing countries and SMEs' market access,
and stressed the need to take key WTO principles into account, such as
international harmonization, transparency and non-discriminatory treatment.
One delegation expressed concern that many environmental initiatives
introduced as voluntary can later become mandatory, and highlighted the need to
find multilateral solutions rather than implementing unilateral policies. The European Union responded by underlining
that the process was an open one, which also included non-EU actors. Several delegations also pointed out that
under Paragraph 32(i) of the CTE agenda, Members' focus should be on the impact
of such environmental measures on market access and exports, especially from
developing countries and the least-developed ones among them.
1.1.2 Second part of Paragraph 32(i) –
"[S]ituations in which the elimination or reduction of trade restrictions
and distortions would benefit trade, the environment and development"
1.1.2.1 Illegal Logging
8.
In 2014, 13 delegations shared information on experiences
with combatting illegal logging and their efforts to promote legally harvested
timber.
9.
At the June
meeting, the European Union (EU) presented the measures put in place to promote trade in
legally-harvested timber and timber products in the EU market, including the
Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan. The FLEGT
Action Plan aimed, among other things, at developing specific procedures to
exclude illegal timber from supply chains. One of the available tools was the
development of FLEGT Voluntary Partnership Agreements (VPA) to ensure that only
legally harvested timber was imported into the European Union. In this context, the European Union highlighted that capacity
building and technical assistance were provided to developing countries.
10.
11. At the October meeting, China complemented its statement
delivered at the June meeting with a presentation on its domestic and
international efforts to combat illegal logging, such as the launch of a pilot
project on timber legality in selected enterprises, the development of a
Chinese forest certification scheme, and bilateral and international
cooperation with several WTO Members, and the International Tropical Timber
Organization (ITTO).
12. Chinese Taipei reported on the legal
framework applicable to producers and consumers of forest products, including a
research and development programme in cooperation with the Forest
Stewardship Council (FSC).
Mexico referred to internal measures adopted to address illegal logging
and to their active participation in the United Nations Forum on Forests
(UNFF). Chile reported on the legal
forestry framework, in particular the requirements to be fulfilled in order to
perform any forestry activity. It was highlighted that all logging activities
performed in a native forest, no matter the type of soil where the forest is
located, must be executed with a Management Plan previously approved by the responsible government agency.
13. WTO Members in both regular
meetings of the CTE welcomed the national experiences in
fighting against illegal logging and related trade, which have serious environmental, social and
economic impacts. A number of delegations
underscored the importance of bilateral, regional and
international cooperation to address illegal logging and related trade. Some
delegations recalled that illegal logging initiatives should be consistent with
WTO disciplines, scientifically based and not constituting unnecessary barriers to trade. Some Members raised
concern regarding the implementation costs of some initiatives that could
affect market access for developing countries. One delegation underscored
the need to provide developing countries with sufficient policy space to manage
their own natural resources in line with their development goals and within the
framework of shared responsibilities. The need for
capacity building in developing countries to improve the enforcement of laws
and regulations aimed at combatting illegal logging, and to raise awareness
about its associated impacts, was also underscored.
14. In addition to national experiences, the United Nations Forum on
Forests (UNFF) reported on the activities to promote sustainable
forest management and strengthen long-term political commitment to this end.
The Secretary-General of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) presented the
Convention's work related to legal and illegal trade of forest products and
other species. At the last Conference of Parties (COP), a significant number of
timber species had been listed in the CITES Appendices.
1.1.2.2 Fossil Fuel Subsidy
Reform
15. At the June meeting,
16. Several delegations welcomed the
presentation. Some delegations highlighted that the
fossil fuel subsidy peer review was a voluntary process taking place under the
G20, without any linkages to the WTO, and were of the view that the
CTE was not the appropriate venue to discuss those reforms. Other delegations pointed to the
broad CTE mandate and considered such information sharing to be useful.
1.1.2.3 Preventing and
removing trade restrictions in the natural gas sector
17. At the October meeting, Qatar
presented on the environmental benefits of preventing
and removing trade restrictions on natural gas as a source of clean energy.
According to Qatar, the products covered by
the seven HS-6 tariff lines encompassing the natural gas sector are still
facing important trade barriers, such as high bound and applied tariff rates.
Qatar also reported on various projects aimed at enhancing the country's
environmental performance. Some delegations expressed the
view that reducing barriers to natural gas trade could further environmental
protection. One delegation was of the view that the imposition of export
restrictions on fossil fuels was not a suitable measure to protect the
environment.
1.2 Paragraph 32(iii) –
"Labelling requirements for environmental purposes"
18. At the June meeting, the Organization for Economic Cooperation
and Development (OECD) provided an update of their on-going project on
environmental labelling, underlining the importance of moving towards
internationally recognised standards to tackle the issues associated with the
multiplicity of environmental labelling schemes, such as inaccurate claims;
systemic favouring of domestic over international producers; and lack of
harmonization of domestic regulations regarding particular self-made
environmental claims.
19. Several delegations expressed support for the OECD work and welcomed
further discussions on this subject. Several also reiterated their concern
regarding the impact of the multiplicity of environmental labelling schemes on
market access, especially for developing countries. China shared
its experience with environmental labelling and underscored the importance of
bilateral and international cooperation agreements in order to avoid
restrictions on trade.
"The relationship
between the provisions of the multilateral trading system and trade measures
for environmental purposes, including those pursuant to multilateral
environmental agreements."
20. Following requests by several delegations, the CTE received at the
June meeting an informal presentation by the WTO Secretariat on
"Environment-related Case Law under GATT Article XX".
2.1 Initiative on Environmental
Goods Agreement
21. At the June meeting, Canada reported briefly on the Initiative on Environmental Goods announced at the World Economic Forum (WEF) at Davos in January 2014 and noted that participants in this plurilateral initiative were committed to transparency.[6] Canada also noted that any agreement concluded would be implemented once a critical mass of participating members was reached, and would be done on a Most Favoured Nation (MFN) basis. China underscored the importance to accommodate the concerns of participants with different development levels and avoid the misuse of the environmental concept. At the October meeting, Costa Rica, on behalf of the representative of Australia, provided an update on the progress of the Environmental Goods Agreement negotiations. Following its formal launch on 8 July 2014, two negotiating rounds had been held to discuss the identification of possible environmental products, which would be nominated under an agreed list of environmental product categories. A third round would take place in December 2014. The initiative remained open to other WTO Members similarly committed to liberalization of trade in environmental goods.
22. Several delegations welcomed this transparency exercise and further
information sharing was encouraged. Several delegations expressed concern
regarding the status of the initiative including its possible link to the CTESS
negotiations under Paragraph 31 (iii) of the Doha Ministerial Declaration, and
noted its genesis outside the WTO and pursuant to a separate mandate. One
delegation queried what definition of environmental goods was being used and
whether the elimination of non-tariff barriers had been contemplated. Some delegations expressed concern on the
negotiation of plurilateral arrangements and others indicated that any such
initiative should include goods of interest to developing countries, in
particular biodiverse and organic goods, and that it was important that the
results be extended on an MFN basis.
2.2 APEC Environmental Goods List
23. At the June meeting, China
reported on the meeting of the APEC Ministers Responsible for Trade held in May
2014. A stand-alone statement was made on strengthening the multilateral trading
system that reaffirmed the commitment to implement the
APEC environmental goods list by the end of 2015. APEC leaders also
directed Ministers to explore opportunities in the WTO to build on the APEC environmental
goods commitment.
2.3 Briefings by observer
organizations
2.3.1 International organizations
24. At the June meeting, the United Nations Conference on Trade and Development
(UNCTAD) presented the activities of the UN Forum on Sustainability Standards
(UNFSS)[7], created in 2013 and focusing on private sustainability standards
and the role of governments in making such standards work for public policy
objectives and sustainable market transformation.
25. The United Nations Environment Programme (UNEP) presented the decisions adopted at the first United Nations Environmental Assembly (UNEA), held in Nairobi in June 2014. Sixteen decisions and resolutions were adopted to encourage international action on major environmental issues, including sustainable development goals, illegal trade in wildlife, and air pollution. UNEP also reported on the first Partnership for Action on Green Economy (PAGE)[8] Conference held in Dubai in March 2014. Finally, UNEP informed the CTE on the launch and activities of the Green Growth Knowledge Platform (GGKP)[9], which aimed at: (i) developing collaborative research committees in charge of identifying and addressing knowledge gaps in green growth theory and practice; (ii) managing knowledge through a dedicated web platform; and (iii) sharing knowledge with practitioners and policymakers through social media and a series of events, conferences, and workshops.
26. At the October meeting, UNEP provided an update on their latest trade-related activities, including a study on south-south trade of selected environmental goods and country projects on green economy and trade opportunities. One delegation expressed concerns on the concept of green economy and highlighted that, according to the Rio+20 outcome document, "The Future We Want", there were other approaches for sustainable development and encouraged UNEP to also promote them.
27. The OECD presented on the recent studies and workshops organized on the
increasing number of RTAs with comprehensive environmental provisions.
According to a recent survey undertaken by the OECD, one of the main policy
drivers behind the decision to include environmental provisions in RTAs was the
desire to ensure that the parties would not weaken their environmental
regulation to promote trade or attract investment.
28. The Food and Agriculture Organization of the United Nations (FAO) presented the 2014 report on the State of World Fisheries and Aquaculture (SOFIA). Total world fisheries production had continued to reach new highs in recent years, with fishery products becoming one of the most traded food products. The 2014 SOFIA also underscored the increasing number of fish stocks being overfished as well as the increasing importance of aquaculture.
29. Some delegations highlighted the importance of the fishery sector in the work of the CTE and the WTO. Several delegations also expressed concerns about the present pace of fish stock depletion and overexploitation, and on the issue of fisheries subsidies. The need to specifically address subsidies granted to large fishing operations and to take into account the special conditions of developing countries was highlighted. One delegation emphasized the importance of artisanal fishing to developing countries and noted the need to address the issues of technical assistance and illegal, unreported and unregulated (IUU) fishing.
2.3.2 Multilateral Environmental Agreements
30. At the June meeting, CITES reported on their recent activities, in particular a joint programme with ITTO aimed at ensuring the legality, sustainability and traceability of CITES-listed timber products.
31. At the October meeting, the United
Nations Framework Convention on Climate Change (UNFCCC) provided,
through videoconference, an update of the current state-of-play of the climate
change negotiations, including the UN Climate Summit, held on
23 September 2014. The current roadmap of the negotiations was
aimed at reaching a binding agreement at the 2015 COP in Paris. One delegation
highlighted its commitment to the adoption of a legally binding international
agreement in 2015 that would be applicable to all Parties; and to raising the
global level of mitigation ambition before 2020 in accordance with the
requirements of science.
32. The Bolivarian
Republic of Venezuela informed on the organization of a social
pre-COP to be held in Venezuela, prior to the Lima COP in December 2014, with
the aim of bringing together governments, social movements and organizations to
discuss how to achieve successful results in 2015.
33. At the October meeting, the Convention
on Biological Diversity (CBD) reported on the
recent meetings of the COP to the CBD, Cartagena Protocol on Biosafety and
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
the Benefits Arising from their Utilization. Relevant
trade-related activities included: an upcoming analytical study on identifying
harmful subsidies for biodiversity that should be eliminated, phased out or
reformed; and the adoption of voluntary guidelines on addressing invasive alien
species.
2.4 Briefings by the WTO
Secretariat on trade and environment issues
34. At the October meeting, the WTO
Secretariat made a presentation on the "Types of Environmental Provisions
in Regional Trade Agreements". The CTE was also briefed by the
WTO Secretariat on recent developments concerning the Sustainable
Development Goals (SDGs).
_______________
Annex 1: Items of the CTE Work Programme
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 2: The relationship between environmental
policies relevant to trade and environmental measures with significant trade
effects and the provisions of the multilateral trading system.
Item 3(a): The relationship between the provisions
of the multilateral trading system and charges and taxes for environmental
purposes.
Item 3(b): The relationship between the provisions
of the multilateral trading system and requirements for environmental purposes
relating to products, including standards and technical regulations, packaging,
labelling and recycling.
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.
Item 5: The relationship between the dispute
settlement mechanisms in the multilateral trading system and those found in
multilateral environmental agreements.
Item 6: The effect of environmental measures
on market access, especially in relation to developing countries, in particular
to the least developed among them, and environmental benefits of removing trade
restrictions and distortions.
Item 7: The issue of exports of domestically
prohibited goods.
Item 8: The relevant provisions of the
Agreement on Trade-Related Aspects of Intellectual Property Rights.
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.
_______________
Annex 2: Parts of the Doha Development
Agenda that relate to the work of the CTE Regular
32. We instruct the Committee on Trade and Environment, 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.
Work on these issues should include the identification of any need to clarify relevant WTO rules. The Committee shall report to the Fifth Session of the Ministerial Conference, and make recommendations, where appropriate, with respect to future action, including the desirability of negotiations. The outcome of this work as well as the negotiations carried out under paragraph 31(i) and (ii) shall be compatible with the open and non-discriminatory nature of the multilateral trading system, shall not add to or diminish the rights and obligations of members under existing WTO agreements, in particular the Agreement on the Application of Sanitary and Phytosanitary Measures, nor alter the balance of these rights and obligations, and will take into account the needs of developing and least-developed countries.
33. We 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. We 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.
51. The Committee on Trade and Development and the Committee on Trade and Environment shall, within their respective mandates, each 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.
__________
[1] Available through WT/CTE/M/57,
"Report of the Meeting held on 30 June 2014", Note by the
Secretariat.
[2] To be circulated through
WT/CTE/M/58, "Report of the Meeting held on 23 October 2014", Note by
the Secretariat.
[3] The CTE Work Programme and the parts of the Doha Development Agenda that are relevant to the work of the CTE Regular are included in Annexes 1 and 2 respectively.
[4] Item 1 of the CTE Work Programme
reads: "The relationship between the provisions of the multilateral
trading system and trade measures for environmental purposes, including those
pursuant to multilateral environmental agreements."
[5] The Friends of Fossil Fuel Subsidy Reform is a group of non-G20
countries that support the reform of inefficient fossil fuel subsidies. The
Friends group (New Zealand, Costa Rica, Denmark, Ethiopia, Finland,
Norway, Sweden and Switzerland) was formed in June 2010 to support G20 and APEC
leaders’ commitments to phase out inefficient fossil fuel subsidies.
[6] Australia; Canada; China; Costa Rica; European Union; Hong Kong, China; Japan; Republic of Korea; New Zealand; Norway; Switzerland; Singapore; Chinese Taipei; and the United States.
[7] The UNFSS is a joint initiative of the Food and Agriculture Organization of the United Nations (FAO), the International Trade Center (ITC), UNCTAD, the United Nations Environment Programme (UNEP), and the United Nations Industrial Development Organization (UNIDO).
[8] PAGE is a one-off UN initiative between UNEP, UNIDO, the United Nations Institute for Training and Research (UNITAR), the International Labour Organization (ILO) and the UN Development Programme (UNDP).
[9] The GGPK is a joint initiative established prior to the UN Rio+20 Conference, by the World Bank, OECD, UNEP and the Global Green Growth Institute.