Switzerland submits this paper to contribute constructively to the discussions on the significant systemic part of the trade and environment mandate. At a time when policy coherence and pressing environmental challenges are becoming increasingly important, the results of the trade and environment negotiations are of high interest to the public and will thus be thoroughly scrutinized. We must deliver on our mandate by reaching a balanced yet ambitious outcome in order to show to the world that the WTO is part of the solution and not the problem in the field of trade and environment.
Paragraph 31(i) of the Doha-Declaration mandates us to "enhance the mutual supportiveness of trade and environment" by clarifying the "relationship between existing WTO rules and specific trade obligations (STO) set out in multilateral environmental agreements (MEAs)". We Members therefore must find ways to improve the current relationship between STOs and existing WTO rules, or at least clarify this relationship so as to meet any problems that might arise in the future. The basis for our work has been laid by defining STOs and describing and assessing how they interact with existing WTO rules. However, our discussions about the quality of the current relationship between STOs and WTO rules and the existence or absence of respective conflicts are not decisive in view of the mandate. We must adopt a perspective oriented towards the future and take a proactive stance. However, according to our mandate we also need to make sure that any such improvement does "not add to or diminish the rights and obligations of Members under existing WTO Agreements".
This proposal allows to reaffirm, encourage and improve the current practice of the WTO in situations where the relationship between existing WTO rules and STOs needs to be addressed. It ensures, for such situations, appropriate consideration of environmental aspects from a procedural point of view and provides further elements to avoid potential conflicts between WTO rules and STOs. The proposal aims at providing a basis for constructive discussions by offering specific elements to adequately address the requirements of our mandate while respecting its limitations.