Capacity Building Workshop on the Notification of Quantitative Restrictions. Sajal Mathur, Trade and Environment Division, WTO 24 April 2018

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1 Capacity Building Workshop on the Notification of Quantitative Restrictions Sajal Mathur, Trade and Environment Division, WTO 24 April 2018

2 WTO Trade and Environment Datasets Multilateral Environmental Agreements (MEAs) Matrix Compilation of trade-related measures in MEAs Updated on biennial basis WTO Environmental Database (EDB) Environment-related notifications and information from TPRs Updated annually (in excel since 2009) New web-based platform under development

3 MEA Matrix About 20 MEAs with trade-related provisions covered This includes the: Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) International Convention for the Conservation of Atlantic Tunas (ICCAT) United Nations Fish Stocks Agreement (UNFSA) Agreement on Port State Measures (PSMA) International Tropical Timber Agreement (ITTA) International Plant Protection Convention (IPPC) Convention on Biological Diversity (CBD) Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity Cartagena Protocol on Biosafety to the Convention on Biological Diversity Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety Montreal Protocol and the Vienna Convention on Substances that Deplete the Ozone Layer United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Paris Agreement Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade Stockholm Convention on Persistent Organic Pollutants Minamata Convention on Mercury

4 MEA Matrix For each MEA there are 6 sub-sections with a: Brief description of the MEA Trade-related measures Provisions of the MEA Decisions Supportive Measures Non-compliance mechanism Dispute settlement mechanism Provisions relating to non-parties Also an Annex with table of WTO and MEA membership

5 MEA Matrix Some Examples

6 CITES CITES amongst the earliest MEAs with trade-related measures to better regulate legal, sustainable, traceable trade in wildlife Trade in over 35,000 species* regulated by CITES 3 Appendices establishing different levels of regulation Appendix I (3%) International commercial trade is prohibited Appendix II (96%), III (1%) International commercial trade is allowed but controlled * Live, dead, parts, and derivatives

7 MEA Matrix CITES (trade-related provisions) CITES text contains a preamble, 25 articles, 3 species lists (Appendices I, II, III) and a permit model (Appendix IV). Article III: Regulation of Trade of Species in Appendix I Appendix I includes species that are threatened with extinction, for which commercial trade is generally prohibited. Non-commercial trade subject to non-detrimental & legal acquisition finding ; and with an import permit (serves as a form of PIC) and an export permit. Article IV: Regulation of Trade of Species in Appendix II Appendix II includes species not necessarily now threatened with extinction, but may become so, unless trade is subject to strict regulation. Trade with export permit or re-export certificate. Trade must be legal and not detrimental to the survival of the species. Article V: Regulation of Trade of Species in Appendix III Appendix III inclusion on request of a party that already prevents/restricts exploitation of a species and needs the cooperation of others in control of trade Trade in Appendix III species must be legal; there is no non-detriment finding Article XIV (stricter domestic measures)

8 MEA Matrix CITES (trade-related provisions) Other provisions (e.g. Article VI Permits and Certificates, Article VII Exemptions) + Decisions/Reccos CITES provides for trade measures at different levels: Measures in the text of the Convention; Measures decided by the Conference of the Parties (CoP); Measures decided by Standing Committee (SC) on behalf of CoP; Measures recommended by the Animals Committee/Plants Committee; Measures recommended by the CITES Secretariat to the CoP and SC; Stricter domestic trade measures adopted by the Parties. 125 environment-related trade measures were notified to the WTO between 2012 and 2015 that mentioned CITES as their basis..

9 ENVIRONMENTAL DATABASE

10

11 EDB - Environment-related QR Notifications ( *) 93% 13 68% 15 73% 75% 12 50% 8 5 Share of environment-related QR notifications Number of environment-related QR notifications * Provisional data for Each QR notification may contain multiple environment-related measures (e.g. in 2015 there were 47 environment-related measures in 8 QR notifications)

12 EDB - Types of Environment-related Measures in QR Notifications (2015) Type of Measure Type of Sector Chemicals Other Fisheries Forestry Ban/Prohibition Export licences Import licences 62% 38% 6% 2% 51% 49% 17% MEAs implementation and compliance 68% 32 Chemical, toxic and hazardous substances management 53% 25 Animal protection 21% 10 Ozone layer protection 21% 10 Type of Objective Waste management and recycling Plant protection Natural resources conservation Sustainable fisheries management 17% 9% 9% 6% Climate change mitigation and adaptation 4% 2 Other environmental risks mitigation 4% 2 Sustainable forestry management Biodiversity and ecosystem 2% 2% 1 1

13 EDB - MEAs implementation and compliance measures in the QR notifications ( )

14 This presentation has been prepared under the Secretariat's own responsibility and is without prejudice to the positions of Members or to their rights and obligations under the WTO. THANK YOU FOR YOUR ATTENTION!

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