Havana Workshop on Trade, Environment and Development

1. Havana Workshop on Trade, Environment and Development • Conclusions • Recommendations • Preparing for future events

2. Conclusions on Biodiversity-related issues • Sui generis systems and protection of traditional knowledge: • Patents may not be an appropriate instrument • Effective protection requires prior informed consent, at national and multilateral levels • Art 27.3(b) of the TRIPs Agreement allows sui generis systems for plant varieties and could be extended to traditional knowledge

3. Conclusions on Biodiversity-related issues • Sui generis systems and protection of traditional knowledge: • National experiences with sui generis systems show that a national biodiversity policy and a legal framework are required • Legal system at the national level is not enough: multilateral legal framework is needed

4. Conclusions on Biodiversity-related issues • Sui generis systems and protection of traditional knowledge: • Ongoing debate in WTO and WIPO: Developing countries have proposed that prior informed consent and material transfer agreements include certificates of origin, opposition from several developed countries

5. Conclusions on Biodiversity-related issues • Experiences with benefit sharing • Process of learning by doing • Contracts on Access are already being made, but legal framework is required to ensure fair and equitable benefit-sharing • Ownership has to be established clearly

6. Conclusions on MEAs • Recent developments (Biosafety Protocol, PIC Convention, PoPs) address and minimize the risks of potential conflict between MEA trade measures and WTO rules • However the issue of eco-labelling and technology transfer still need to be resolved

7. Conclusions on EPPs • Organic food has a niche market, but that market is growing rapidly • Food security may be taken into account by countries • Products that could be mainstreamed have to be identified • Mainstream marketing channels have to be explored

8. Conclusions on Market Access • There are significant effects of health and environmental requirements on market access • Fisheries (India, Cuba, Rep. Tanzania, Bangladesh) • Coffee and honey (Cuba) • Tea, mango pulp, peanuts (India) • Textiles (Bangladesh, India, Tunisia)

9. Conclusions on Market Access • Effects are not uniform across sectors • Fisheries: high costs of compliance • Coffee, honey and peanuts: testing is difficult and even technically impossible • Scientific justification for standards is not always clear to developing countries

10. Conclusions on Market Access • What to do about it? • WTO challenge (dispute settlement) is costly • Standards could be challenged where they are deemed to be protectionist or restrict trade unnecessarily • Use review processes of WTO (SPS and TBT Committees) • Prepare strong case studies (London)

11. Conclusions on Trade Liberalization and the Environment :Agriculture • Brazil: removal of subsidies resulted in environmental benefits, good environmental policies were put in place simultaneously • No consensus on multifunctionality • Need to define support measures and other measures that promote food security and development

12. Conclusions on Textiles • Bangladesh: • child labour issues used to be more important, but MoU with ILO has resolved issue of pressure for trade restrictions • With increased production of textiles, environmental impacts become more important

13. Conclusions on Textiles • Tunisia: • Environmental factors are becoming important in trade relations with European Union • Eco-labels • Environmental management systems • Informal requirements by buyers • Industry is responding effectively

14. Conclusions on Technology issues • Evolution away from technology transfer to technology management and technology development concepts • What to do for SMEs? • How to comercialise existing R&D in developing countries? • How to promote technology development agreements between private investors and companies in developing countries (example: Inbio-Merck)

15. Conclusions on Technology issues • Incentive packages are needed nationally • How can commitments by Governments (MEAs, TRIPS and other WTO Agreements) be implemented? • Publicly funded research and development • Capacity building needs for technology transfer should be clearly identified • Capacity building is needed to develop projects to benefit from ToT provisions in MEAs and to adapt technologies to local conditions

16. Conclusions on DPGs • General problem of export of DPGs continues • Some MEAs cover some DPGs, but not consumer products • Institutional and regulatory structures at the domestic level are helpful

17. DPGs • Technical assistance needed for identifying DPGs and their effect on human health, trade and development • South south information sharing • Export notification of DPGs should be revived

18. Recommendations • Outcome of the project? • Follow-up?

19. Terms of reference for further studies • Ongoing studies by researchers • South Africa: EPPs, Biodiversity/benefit sharing • Philippines: DPGs, EPPs (organic foods), ToT • Tunisia: transfer of technology • Studies to be commissioned in other participating countries

20. Publication of papers • Los Banos workshop • Cuba workshop

21. London roundtable, hosted by FIELD • Agenda • Dates • Other Participants

22. UNCTAD Expert Meeting on Traditional Knowledge: 30 October to 1 November 2000 • In cooperation with WIPO and CBD • Experts nominated by Governments, but once nominated participate in their personal capacity

23. UNCTAD Expert Meeting on Traditional Knowledge: 30 October to 1 November 2000 • Systems • National experiences

24. Challenges • How to add value to the work being undertaken in CBD and WIPO? • Developmental aspects • Trade aspects

25. Systems • Legal forms of protection • (a) conventional IPR regimes; • (b) sui generis systems; • (c) national access and benefit-sharing legislation, embodying the prior informed consent principle; • (d) contractual agreements; and • (e) customary and common-law regimes

26. Systems • Non-legally binding forms of protection • (a) voluntary guidelines; • (b) codes of conduct; and • (c) traditional resource rights.

27. National experienes • Need to prepare papers and presentations • Countries participating in this project: • Brazil • Costa Rica • Cuba • India • Philippines • South Africa • Tanzania, Rep. of

28. UNEP/UNCTAD Task Force on Capacity Building in Trade, Environment and Development • Building on existing UNCTAD-UNEP co-operation (MoU, 1997) • Response to growing demand from developing countries • Open to other institutions • Idea launched in briefing at UNCTAD X

29. ObjectivesAssist developing countries in: • Enhancing understanding of trade and environmental interface • Assessing environmental effects of trade liberalization at the national level and trade effects of environmental policies • Developing policy packages • Participating effectively in international deliberations

30. Proposed activities during first year • Thematic research • Country-level studies • Training • Policy dialogues • Public outreach

31. Thematic research • Environmentally preferable products • Subsidies in agricultural sector

32. Country-level studies • Integrated assessments in specific sectors, building on UNEP experience • Policy coordination at national level, building on UNCTAD/UNDP experience • Common characteristics • Sector-specific • National workshops • Institutional partnerships(multi-stakeholder approaches)

33. Country-level studies • 6 June: Call for proposals • Depending on financial resources four countries will be selected by UNCTAD/UNEP for first year

34. Training • 4-day training courses, based on UNCTAD’s TrainforTrade 2000 package • Four countries, in particular LDCs

35. Policy dialogues • Least Developed Countries • Integrated assessment techniques to analyse the impacts of trade policies • International seminar on trading opportunites for environmentally preferable products • International seminar on environmental impacts of subsidies in agriculture

36. Network and information exchange • Website • Newsletter • Database for networking

37. South Africa workshop • Preliminary ideas about dates