Hi All,
Modern day piracy is alive and well, hiding among the
bureacrats. Read on.
Regards,
Bob.
Monday 18th April 2005
ENVIRONMENTAL LAWS LINED UP FOR REMOVAL BY NEW TRADE TALKS
GENEVA (Switzerland) / BRUSSELS (Belgium), April 18, 2005 - Governments
including Japan, Korea, Mexico and the United States [1] are planning to
use new World Trade Organization (WTO) negotiations to dismantle a wide
range of national laws protecting the environment, social well-being and
health, Friends of the Earth International revealed today.
A list compiled by the environmental group before trade negotiators meet
in Geneva [2] shows that legislation covering food, fisheries, timber
and petroleum production, energy efficiency, chemical testing, recycling
and standards in the electronics and automobile industries have all been
raised as potential "barriers to trade" in the past few months [3].
Friends of the Earth International's analysis [4] of non-tariff barriers
challenged by the countries mentioned above under the so-called
'Non-Agricultural Market Access' negotiations includes 72 challenges to
environmental and health standards around the world [5].
These include a breath-taking array of challenges to national standards
and regulations, measures to promote local economic development,
restrictions on foreign investment, labelling and certification
requirements and restrictions on exports. Should governments succeed in
eliminating these 'non-tariff barriers' they would undo a wealth of
legislation designed and implemented to protect people and their
environment around the world.
Governments are challenging and seeking to dismantle laws [6] that:
* Register new and existing chemicals (this challenge explicitly
includes the proposed EU REACH legislation [7])
* Conserve natural resources and promote local economic development
in developing countries by restricting exports of forest and mineral
products
* Ensure manufacturers collect and recycle scrapped cars
* Ban imports of skins from animals killed using inhumane hunting
practices
* Ensure all home appliances are labeled showing their energy
efficiency ratings
* Promote fuel efficiency by reducing taxes that 'give a competitive
advantage' to cars with small engines; and through corporate average
fuel efficiency standards (these are the US CAFE standards [8])
* Ensure high standards for the certification of medicines
* Permit consumers to know which containers and products can be
recycled
* Allow developing countries to direct and control foreign direct
investment in the automobile and petroleum oils sectors
"The WTO is finally showing its true colours. This is a breath-taking
and shameful attack on social and environmental standards world-wide.
Chemical pollution, climate change, deforestation, depleted fish stocks,
waste - none of these seem to matter in the slightest when it comes to
the all-important business of accessing new markets and making a quick
buck. We simply - and literally - cannot allow the WTO to continue like
this. Our future is at stake," said Ronnie Hall of Friends of the Earth.
FOR MORE INFORMATION CONTACT:
In Geneva Ronnie Hall, Friends of the Earth International +44 7967
017281 or email [EMAIL PROTECTED]
In Brussels Alexandra Wandel, Friends of the Earth Europe +49 172 748
3953 or email [EMAIL PROTECTED]
In Washington DC David Waskow, Friends of the Earth US +1 202 222 0716
or email [EMAIL PROTECTED]
In Montevideo Alberto Villarreal Friends of the Earth Uruguay
+598-5228481 or email [EMAIL PROTECTED]
NOTES TO EDITORS
[1] Governments challenging these and many other national laws so far
include Argentina, Bulgaria, Cuba, Egypt, Japan, Korea, Mexico, New
Zealand, Norway, Taiwan, the United States, Venezuela and the African
Caribbean and Pacific (ACP) group of countries. Those documents that are
publicly available on the WTO's website do not reveal the country or
countries whose legislation is being targeted - this column has been
either left blank or altered before publication.
[2] The WTO's Negotiating Group on Market Access is scheduled to meet in
Geneva April 25-29.
[3] The WTO's Non-Agricultural Market Access negotiations are part of
the overall Doha package of negotiations. They include all sectors a
priori except agriculture and service sectors. The NAMA negotiations
focus on two elements - liberalization of tariffs and the removal of
'non-tariff barriers' [NTBs] or standards. This report only concerns the
latter aspect focusing on the NTBs currently being challenged by
governments as barriers to trade.
[4] Full details can be found in FOEI's Analysis of Notifications of
Non-tariff barriers in Non-agricultural Market Access (NAMA)
negotiations of the WTO can be viewed at
www.foe.co.uk/resource/media_briefing/ntbsanalysis.pdf
http://www.foei.org/trade/NTBsanalysis.doc
and the Database of Selected Notifications which can be viewed at
http://www.foei.org/trade/NTBs.xls (use this to search the database)
www.foe.co.uk/resource/evidence/non_tariff_barriers.pdf (use this to
print the database)
[5] Most of these challenges appear to have been notified to the WTO
after the initial deadline of 31 October 2004 had expired, meaning that
the bulk and scope of these notifications was unexpected. These
notifications imply that the governments in question either (a) consider
the measures listed to be in breach of WTO rules already and therefore
potential issues for dispute settlement; or (b) intend to change WTO
rules to significantly extend the reach of the WTO in relation to
domestic legislation previously unchallenged by the WTO. The pace of
negotiations is likely to increase following a meeting of Asian trade
ministers in Chiba, Japan on 10th April, who agreed that they would seek
a deal on NAMA by July.
[6] Some of the challenges are however quite specific and the country
whose laws are being challenged can be inferred even if it is not
explicitly mentioned (see footnotes [7] and [8] for examples). Others
notifications appear to apply to generic standards such as 'national
testing and certification requirements' (notified by Norway) and would
presumably apply to all countries.
[7] Japan is challenging the European Union's draft REACH legislation on
the Registration, Evaluation and Authorisation of Chemicals which is
intended among other to restrict the use of hazardous chemicals.
[8] The US's National Corporate Average Fuel Economy (CAFE) standards
were passed by Congress in 1975. CAFE standards require manufacturers to
maintain an average fuel economy of 27.5 miles per gallon for passenger
cars and 20.7 miles per gallon for light trucks. Manufacturers face
stiff fines if their annual auto fleet falls below CAFE standards.
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