The World Trade Organization and the Environment

By P. K. Rao | Go to book overview
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the relationship between environmental policies relevant to trade and environmental measures with significant trade effects and the provisions of the multilateral trading system;the relationship between the provisions of the multilateral trading system and: (a) charges and taxes for environmental purposes; (b) requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labeling and recycling;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;the relationship between the dispute settlement mechanisms in the multilateral trading system and those found in multilateral environmental agreements;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; the issue of exports of domestically prohibited goods;and that the Committee on Trade and Environment will consider the work program envisaged in the Decision on Trade in Services and the Environment and the relevant provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights as an integral part of its work, within the above terms of reference.
Appendix II Extract of the SPS Agreement
Desiring to improve the human health, animal health and phytosanitary situation in all members, . . . , to elaborate rules . . . of GATT . . . in particular the provisions of Article XX (b) provides the following:
Article 1: General provisions
1.1 This Agreement applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade. Such measures shall be developed and applied in accordance with the provisions of this Agreement.
1.2 For the purposes of this Agreement, the definitions provided in Annex A shall apply.
1.3 The annexes are an integral part of this Agreement.
1.4 Nothing in this Agreement shall affect the rights of Members under the Agreement on Technical Barriers to Trade with respect to measures not within the scope of this Agreement.

Article 2: Basic rights and obligations
2.1 Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health,

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