Avoiding discriminatory import action to address environmental problems of exporting countries

States recognize that environmental policies should deal with the root causes of environmental degradation, thus preventing environmental measures from resulting in unnecessary restrictions to trade.

This strategy features in the framework of Agenda 21 as formulated at UNCED (Rio de Janeiro, 1992), now coordinated by the United Nations Commission on Sustainable Development and implemented through national and local authorities.

Agenda 21 recognizes that domestic measures targeted to achieve certain environmental objectives may need trade measures to render them effective. However, it recommends that, should trade policy measures be found necessary for the enforcement of environmental policies, certain principles and rules should apply. These could include, inter alia, the principle of non-discrimination; the principle that the trade measure chosen should be the least trade-restrictive necessary to achieve objectives; an obligation to ensure transparency in the use of trade measures related to the environment and to provide adequate notification of national regulations; and the need to give consideration to the special conditions and development requirements of developing countries as they move towards internationally agreed environmental objectives.

Environmental measures addressing transborder or global environmental problems should, as far as possible, be based on an international consensus. Domestic measures targeted to achieve certain environmental objectives may need trade measures to render them effective. Should this be the case, certain principles and rules should apply, such as: non-discrimination; choice of the least trade-restrictive measure necessary to achieve the objective; ensuring transparency in the use of trade measures related to the environment; provision of adequate notification of national regulations; consideration of the special conditions and developmental requirements of developing countries as they move towards internationally agreed environmental objectives.