. /.WORLD TRADE
ORGANIZATIONWT/GC/W/394
29 November 1999
(99-5155)
General Council Original:  English
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Immediate Decisions at Seattle
Clarifying the relationship between the multilateral trading system and
trade-related provisions of multilateral environment agreements
Communication from the European Communities
The following communication, dated 22 November 1999, has been received by the
Director-General from the Permanent Delegation of the European Commission.
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As you know, the Community has strongly advo cated the need to clarify the relationship
between multilateral environment agreements and WTO rules in the course of the new Round.  Wealso have drawn attention to this in consultations with you.  One way to address the issue could be an
immediate decision at Seattle to clarify this relationship in the Committee on Trade and Environment
with a view to taking a decision on further work at the fourth Ministerial.  To this end, I attach a
proposal in relation to the passage on implementation, to be circulated to Members, a number of
whom have already worked with us in drafting this language.
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Proposal
The Committee on Trade and Environment shall continue its work with a view to clarifying,
as appropriate, the relationship between the multilate ral trading system and trade-related provisions of
multilateral environmental agreements.  It shall give high priority to this matter and report to the
fourth session of the Ministerial Conference on the results of its work with its findings andrecommendations.
Background
The objective of clarifying the relationship between trade measures taken under or pursuant to
Multilateral Environmental Agreements, and WTO ru les is to ensure that the multilateral trading
system takes due account of international efforts to  solve international environmental problems.  The
EU has long advocated a multilateral approach and, in particular, MEAs as the best way of tackling
such problems in strong preference to unilateral measures.  The fact that any trade measures MEAs
may contain were negotiated and agreed in a multilateral context is a guarantee against unilateral
action and their use for protectionist purposes.  Explicit favourable treatment of MEAs by the WTOWT/GC/W/394
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could actively encourage the international comm unity to seek multilateral solutions to global
environmental problems and to eschew unilateral action.
Like other WTO Members which are equally supportive of MEAs, therefore, the EU has a
clear interest in ensuring a friction free relati onship between the two bodies of international law.
The fact that no trade measure taken under an MEA has ever been challenged in the WTO by
a non-Party is no guarantee that this will not occur in the future.  It is by no means certain that a
challenge of this nature will ever be made but WTO Members should not wait until one is, will all its
potential effects on the functioning of existing MEAs.
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