Bridges Trade BioRes • Volume 2 • Number 12 • 27th June 2002

WTO Environment Committee Stalls On MEA Observership, TRIPs-CBD

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WTO Environment Committee Stalls On MEA Observership, TRIPs-CBD

The WTO Committee on Trade and Environment (CTE) held its second regular session for 2002 on 13-14 June, including an information session with multilateral environmental agreements (MEAs). Focusing on the CTE mandate from the Doha Declaration, Members addressed a wide variety of submissions on areas, including the MEA-WTO relationship, and the interface between the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs) and the UN Convention on Biological Diversity (CBD). The question of how MEAs could be included as observers in the CTE’s special session, which deals with the Doha negotiations on environment, continued to dog discussions around the MEA-WTO interface.

The question of how to address the relationship between WTO rules and relevant provisions of MEAs formed the core of the special (negotiating) session of the CTE that immediately preceded the 13-14 June regular session (see BRIDGES Trade BioRes, 13 June 2002). At that meeting, Members were still in disagreement over whether MEAs could gain observer status at the CTE negotiating sessions. Currently, four MEAs — including the CBD — are accredited as observers at the regular CTE.

MEA info session

Building on a 19-20 March workshop on technical assistance and capacity building, MEA secretariats reported on their activities in these areas, as well as on enhancing information exchange between MEAs and the WTO. According to sources, a number of the MEA delegates expressed disappointment that they were still not able to participate in the CTE special session meetings, where talks are progressing on, inter alia, the relationship between WTO rules and specific trade obligations set out in MEAs (BRIDGES Trade BioRes, 13 June 2002).

Referring to a paper submitted to the CTE special session (TN/TE/S/2), some MEA representatives contrasted their lack of access to WTO negotiations on trade and environment with the fact that the WTO regularly attends the UN Environment Programme’s (UNEP) Governing Council, as well as the main meetings of MEAs which contain trade-related measures. According to sources, UNEP Executive Director Klaus Töpfer declined an invitation to attend on the grounds that the meaningful negotiations were taking place in the special sessions, not in the regular CTE.

The issue of authorising other bodies as observers to negotiating sessions remains blocked at the General Council/Trade Negotiations Committee level. As a compromise to the observership impasse, the CTE had previously agreed to hold an additional special session in November that would be exclusively an MEA information session. Some observers remarked that this would still not constitute real negotiations, or go far enough given the Doha environment mandate, which also includes establishing procedures for regular information exchange between MEA Secretariats and the relevant WTO committees.

One developing country source expressed his disappointment with the 13 June MEA session, saying that much of the information was repetitive, and that there had not been much progress to report, particularly in the area of technology transfer. He further noted a lack of coordination between the chairs of the special and regular sessions. "We already have so many meetings to cover," he said, "we can’t afford to lose time by duplicating work."

TRIPs-CBD debate stagnates

The focus of the discussion around para. 32 of the Doha Ministerial Declaration was on the interface between the TRIPs agreement and the CBD. On 10 June, the CBD Secretariat submitted a paper reviewing the provisions of TRIPs article 27.3(b) (protection of invention of plant varieties) and protection of traditional knowledge and folklore (WT/CTE/W/210). The note provided background information on relevant provisions of the Convention that address the issues of benefit-sharing and traditional knowledge, the role of intellectual property rights in these arrangements, and the historical relationship between the CBD and TRIPs.

Those attending the CTE noted that there was "no change" in the traditional positions of Members around the CBD-TRIPs interface. On the one hand, Brazil, India and Pakistan want this discussion to take place in the TRIPs Council, and have previously highlighted what they see as possible conflicts between the CBD and the TRIPs Agreement, suggesting these could be resolved through a revision of Article 27.3(b) or of Article 29 (on conditions on patent applicants). Such a revision would incorporate requirements that patent applicants disclose the source of genetic material and relevant traditional knowledge, and that they provide evidence of fair and equitable benefit-sharing and prior informed consent. Most developed countries, notably Canada, Switzerland and the US, view TRIPs and CBD as mutually supportive and resist revising the TRIPs Agreement. They further prefer this discussion to take place in the World Intellectual Property Organization.

MEA Secretariats in attendance for the information session included the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), UNEP-Chemicals, the UN Framework Convention on Climate Change (UNFCCC), the CBD, the Basel Convention on the Transboundary Movement of Hazardous Wastes, the International Tropical Timber Organization, the UN Forum on Forests, the UN Fish Stocks Agreement and the UN Convention on the Law of the Sea.

Other papers submitted to this CTE session included: Issues on Forestry Products, Trade and Environment — submission by Japan (WTO/CTE/W/211); Labelling — submission by the EC (WT/CTE/W/212); Enhancing Synergies and Mutual Supportiveness of MEAs and the WTO — contribution by UNEP (WT/CTE/W/213); and MEA Session on Technical Assistance, Capacity Building and Enhancing Information Exchange — input from the WTO, UNEP and MEA Secretariats (WT/CTE/W/209).

The next meeting of the regular CTE is scheduled for 8-9 October.

ICTSD reporting.