[Pirateninfo] Fw: BRIDGES Trade BioRes, Vol. 4 no. 3, 20 February 2004

Son Feb 22 18:27:12 CET 2004

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BRIDGES Trade BioRes, Vol. 4 No. 3  20 February, 2004
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     I. BIODIVERSITY
      - Trade Permeates Biodiversity Talks In Kuala Lumpur

    II. BIOTECHNOLOGY
      - Trade @ MOP-1: What To Look Out For...

   III. COMMODITIES
      -  Commodities Plan - The Way Forward For Developing Countries?

    IV. IN BRIEF
      - Developing Country Role In Fisheries Trade Discussed
      - Go Ahead For US Action Against Asian Shrimp
      - Trawling Poses Threat To Deep-Sea Corals
      - New Regulations Keeping Invasives Out Of Ballast Water
      - Rules Needed For Bioprospecting In Antarctica, UN
      - Report Highlights Illegal Timber Trading Practices In Malaysia

     V. EVENTS & RESOURCES
      - Events
      - Resources

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Biodiversity
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TRADE PERMEATES BIODIVERSITY TALKS IN KUALA LUMPURrade Permeates
Biodiversity Talks In Kuala Lumpur

At the seventh meeting of the Conference of the Parties (COP-7) to the
Convention on Biological Diversity (CBD), held in Kuala Lumpur,
Malaysia, from 9 to 20 February, trade-related considerations cropped up
in almost every area of discussion, including in some of the more
unlikely places, such as mountain biodiversity and inland water systems.
Many civil society groups deplored what they saw as a sell-out to the
WTO, calling for WTO-related issues to be kept out of the CBD
discussions. While delegates managed to resolve some of the more overt
disagreements over trade-related language, the impact of underlying
trade considerations continued to be felt during plenary discussions and
in the final outcomes.

Shifting from trade to biodiversity impacts

Disagreements over trade-related language held up the adoption of
decisions on mountain biodiversity, inland water systems and alien
species until the last day, following insistence by several countries,
including Argentina, Australia and Brazil, to include language related
to avoiding trade-distortions when implementing positive incentive
measures -- a proposal opposed by the EC. After extensive informal
discussions, this language was dropped from the three decisions and
replaced with a footnote stating that the implementation of the
decisions "should not promote incentives that negatively affect
biodiversity of other countries". The same footnote was added to the
decision on sustainable use during the plenary at the request of
Argentina. As one delegate noted, this seeming shift of focus away from
trade and towards biodiversity impacts could be seen as an
acknowledgement of the concept of 'mutual supportiveness' of trade and
environment as embodied in the WSSD Plan of Implementation.

Also during the plenary, Australia expressed its regret that no chapeau
paragraph had been included in the decision on alien species to address
trade-related issues. Australia noted that it had supported the three
decisions as well as the decision on sustainable use on the assumption
that Parties would implement the decisions in a manner consistent with
their international rights and obligations.

Progress on incentives measures marred by concerns over Ag subsidies

Delegates failed to adopt the proposals on removing and mitigating
perverse incentives, included in the decision on incentive measures (see
BRIDGES Trade BioRes, 6 February 2004,
http://www.ictsd.org/biores/04-02-06/story1.htm), instead sending it to
the CBD's Subsidiary Body on Scientific, Technical and Technological
Advice (SBSTTA) for further consideration at its next meeting. In the
meantime, Parties are encouraged to use the draft proposals as
"voluntary interim guidelines". Argentina in particular -- supported by
Brazil and Australia -- had raised a number of concerns over the
proposals, broadly related to the use of positive incentives and
mitigating measures. During the plenary, Argentina registered
reservations on 18 paragraphs in the decision, which should be given
special attention by SBSTTA. The country cited concerns over
agricultural subsidies as underlying these concerns, noting that the
decision should not be used by any country to justify the provision of
agricultural subsidies. Argentina furthermore stressed that before
advancing on positive incentives, necessary measures should be taken to
eliminate perverse incentives.

In the WTO, Argentina, Brazil and Australia, which are all members of
the Cairns Group of agricultural exporting countries, are among the
strong supporters of reducing agricultural subsidies. In contrast, the
'Friends of Multifunctionality', including the EC, Switzerland and
Japan, are generally more reluctant to liberalise agricultural trade,
arguing that agriculture also addresses so-called 'non-trade concerns'
such as environment, food security and rural development.

The issue of agriculture also arose during discussions on sustainable
use. While delegates adopted the Addis Ababa Principles and Guidelines
for Sustainable Use of Biodiversity (see BRIDGES Trade BioRes, 6
February 2004, referenced above), they noted the need for further
elaboration of issues related to agricultural biodiversity, which they
recognised had not been adequately addressed during the development of
the Principles. The decision requests SBSTTA to "explore the
applicability of these principles and guidelines to agricultural
biodiversity" before COP-9.

Disagreement over alien species remains unresolved

The COP-6 President Hans Hoogeveen conducted informal consultations on
the Guiding Principles for the prevention, introduction and mitigation
of the impacts of alien species (decision VI/23), based on a compromise
proposal put forward on his own initiative. Delegates, however, failed
to reach agreement on the proposal, which was subsequently withdrawn.
During the plenary, Australia expressed its "deep and profound regret"
that no consensus could be reached, reiterating its trade-related
concerns over the decision (see BRIDGES Trade BioRes, 2 May 2002,
http://www.ictsd.org/biores/02-05-02/story1.htm). Brazil reiterated its
objection to the decision's adoption on procedural grounds. Australia
will seek clarification of the dispute at COP-8 and has requested the
COP-7 President to conduct informal consultations in the interim.

References to trade-related issues in the decision on alien species
remained largely unchanged (see BRIDGES Trade BioRes, 6 February 2004,
referenced above). The decision invites the WTO and its relevant bodies
to take into consideration the risks of alien invasive species in their
deliberations, calling on the CBD Executive Secretary to collaborate
with the WTO "whenever feasible and appropriate" on raising awareness of
the issues and promoting cooperation. Delegates avoided the contentious
Decision VI/23 by removing all references to the decision in the COP-7
texts, opting for a broader reference to "decisions" of the COP.

Negotiations on ABS regime to get underway

Delegates agreed to mandate the Ad hoc Open-ended Working Group on
Access and Benefit-sharing to "elaborate and negotiate an international
regime on access to genetic resources and benefit-sharing" based on the
terms of reference included in the COP decision. As expected, delegates
did not attempt to resolve the contentious issues of the regime's legal
nature, scope and elements, opting for setting a broad framework for
further talks in the Working Group. After lengthy discussions over the
pace of negotiations for the international regime, delegates agreed to
hold two sessions of the Group before COP-8 in Thailand and Spain
respectively. As one observer noted, delegates did not include a
discussion on the objectives of the regime in the terms of reference,
raising concerns that without clear objectives the negotiations might
become more drawn-out and difficult.

The ABS Working Group will carry out its work in close collaboration
with the Working Group on Article 8(j) and Related Provisions, dealing
with indigenous issues, which was mandated to make recommendations to
ensure that the ABS regime includes sui generis systems and measures for
the protection of traditional knowledge (TK). Furthermore, the Working
Group will assess the role of databases and registers in the protection
of TK; the potential of and conditions under which existing and new
forms of intellectual property rights (IPRs) can contribute to the
objectives of Article 8(j) and related provisions; and
non-intellectual-property-based sui generis forms of TK protection.
Several of these issues are also under discussion at WIPO's
Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore (see BRIDGES Trade BioRes,
20 December 2002, http://www.ictsd.org/biores/02-12-20/story1.htm).

Relationship with WIPO raised in debates on ABS and 8(j)

One of the last issues to be resolved in the ABS decision concerned the
reference to the World Intellectual Property Organization (WIPO),
discussed in the context of measures to ensure prior informed consent
and mutually agreed terms. While acknowledging the usefulness of drawing
on WIPO's expertise, some developing countries expressed concern over
language inviting WIPO to address the IPR issues related to access to
genetic resources and disclosure requirements. Underlying these concerns
were questions regarding the CBD's relationship with WIPO, which had
already been raised at the last meeting of the ABS Working Group in
December 2003 (see BRIDGES Trade BioRes, 15 December 2003,
http://www.ictsd.org/biores/03-12-15/story2.htm).

To address these concerns, the compromise text invites WIPO to "examine
and where appropriate address" the interrelation of access to genetic
resources and disclosure requirements in IPR applications in a manner
supportive of the CBD objectives, while also calling on UNCTAD and other
relevant organisations to examine these issues. Similarly, WIPO together
with the CBD Secretariat, UNCTAD and other relevant organisations was
invited to prepare technical studies on the role of IPRs in technology
transfer in the context of the CBD as part of the Work Programme on
technology transfer adopted at the COP. In addition, references to
specific WIPO bodies were dropped in the decisions on ABS and Article
8(j), thereby leaving it open where these issues would be addressed in
WIPO. Moreover, the ABS decision invites WIPO to regularly provide
reports to the CBD Secretariat on its work, thereby formalising a
process that has in practice already been in place since 1998 when COP-4
called for enhanced cooperation and information exchange with WIPO,
including in the context of discussions on Article 8(j).

COP-8 will be held in Brazil in the first half of 2006.

Preliminary versions of all decisions are already available on the CBD
website at http://www.biodiv.org/meetings/cop-07/docs.aspx,

ICTSD reporting.

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Biotechnology
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TRADE @ MOP-1: WHAT TO LOOK OUT FOR...

The first meeting of the Parties to the Cartagena Protocol (MOP-1) is
set to get underway in Kuala Lumpur, Malaysia, on 23 February for a week
of discussions on implementation details of the Biosafety Protocol,
including documentation requirements for shipments of living modified
organisms (LMOs), capacity building, compliance and liability. Labelling
of LMO shipments is again likely to prove contentious, as many details
remained unresolved at the April 2002 meeting of the Intergovernmental
Committee on the Cartagena Protocol on Biosafety (ICCP; see BRIDGES
Trade BioRes, 2 May 2002,
http://www.ictsd.org/biores/02-05-02/story3.htm).

On the sidelines of the meeting, the US, Canada and Mexico are expected
to seek further support for a trilateral agreement signed in November
last year, setting standards for labelling of LMO shipments. Civil
society groups have sharply criticised the deal, arguing that it
undermined the documentation provisions of the Biosafety Protocol.

Labelling of LMO shipments

As mandated by Article 18 of the Protocol, shipments of LMOs for use in
food and feed and for processing should be labelled as "may contain"
LMOs and as not intended for release into the environment (para. 2a).
The Article furthermore requests the MOP to take a decision on the
detailed documentation requirements "including specification of their
identity and any unique identification" within two years after the
Protocol's entry into force (September 2003). A number of issues were
raised at the ICCP in this context, including the type and extent of
accompanying information; the implications of the "may contain"
requirement; the need for unique identification; the unintentional
presence of LMOs, including unauthorised LMOs, and the related question
of labelling thresholds; identity preservation; and testing standards.
While MOP-1 is not expected to agree on any of these points, Parties
will need to set the parameters for further discussions.

The submissions from governments and organisations on this item
highlight the opposing views (UNEP/CBD/BS/COP-MOP/1/INF/3). The EC --
which has one of the world's most stringent import regimes for LMOs --
is likely to push for documentation requirements that correspond to its
own regulations. The EC, together with Switzerland, supports the use of
"unique identification" for documentation (i.e. a code identifying a
transgenic plant line), citing the OECD system as a possible model,
which was also adopted in the EC regulations. In addition, the EC
acknowledges the need to address labelling thresholds for the
unintentional presence of LMOs. The new EC regulations set a threshold
of 0.9 percent, below which genetically modified products are exempt
from labelling, and 0.5 percent for the adventitious presence of GMOs
that are unauthorised but have nevertheless been assessed as risk-free
(see BRIDGES Trade BioRes, 11 July 2002,
http://www.ictsd.org/biores/03-07-11/story1.htm). The environmental
group WWF would like to see even stricter requirements, arguing that it
would be "inappropriate" to set minimum thresholds for LMO content and
that all LMO shipments, which may contain LMOs should be subject to the
Protocol's identification requirements.

In contrast, the main LMO exporters, such as the US, Australia and
Canada -- which have yet to ratify the Protocol -- would like to keep
documentation requirements to a minimum so as not to hinder trade in
LMOs. The US and Canada believe that documentation requirements under
para. 2a should not apply to the unintentional presence of LMOs. The US
furthermore supports the proposal of the International Grain Trade
Coalition to establish a 5 percent labelling threshold, below which LMO
shipments would be exempt from the documentation requirements of para.
2a. Moreover, Australia and Canada would like to see discussions on
detailed documentation requirements postponed to a later date to allow
Parties to gain experience with implementing the "may contain" labelling
requirement. Not being Parties to the Protocol, these countries will not
be eligible for voting at MOP-1. Nevertheless, the current Parties --
predominately developing and European countries -- will need to find a
balance between implementing the strict requirements that many of them
have advocated in the past while not closing the door to future
ratifications by countries favouring less stringent rules.

US-Canada-Mexico deal

A deal struck between the US, Canada and Mexico -- partners in the North
American Free Trade Agreement (NAFTA) -- in November 2003 already sets
standards for some of the issues that are likely to come up at MOP-1.
Specifically, the agreement sets a 5 percent threshold below which
shipments are excluded from being labelled as "may contain" LMOs. The
unintentional presence of LMOs will not trigger any labelling
requirements. The information will be provided on the invoice
accompanying the shipment and no other documentation will be required.
The three countries are expected to lobby for the use of the agreement
as a template for discussions at MOP-1. Mexico is said to have made
efforts to bring other Central and South American countries on board,
with Argentina, Brazil and Uruguay reportedly having expressed some
interest.

Civil society groups have attacked the deal as an attempt to undermine
the Protocol and "pre-empt some of the decisions of the Parties to be
adopted", according to Eric Darier of Greenpeace. Mexican farmers and
activists in particular have expressed concern that biotech corn,
imported for food and feed, might be used for planting in Mexico and
could contaminate or displace native maize varieties. Such contamination
was found to have already occurred in late-2001 in Mexico, leading to an
investigation by the NAFTA Commission on Environmental Co-operation,
which is set to release its first draft report in March.

Additional Resources

MOP-1 documents: http://www.biodiv.org/meetings/mop-01/docs.aspx

ICTSD reporting; "Greenbacks set to colour biodiversity meet," IPS, 4
February 2003; "Mexico looking South to expand GE trade agreement," FOOD
CHEMICAL NEWS, 15 December 2003.

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Commodities
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COMMODITIES PLAN - THE WAY FORWARD FOR DEVELOPING COUNTRIES?

The European Commission adopted a commodities action plan on 12 February
with the aim of assisting developing countries to combat agricultural
commodity dependence. EC support will target the African cotton sector
specifically, and assist African, Caribbean and Pacific (ACP) countries
in overcoming short-term fluctuations in export earnings. At the same
time, experts met in Rome to discuss the importance of the rice sector
for food security in developing countries.

Strategy to target commodity dependent developing countries

Recognising the need to reduce the vulnerability of countries dependent
on commodities such as coffee, cotton and cocoa for their export
earnings, the EC has adopted a plan focusing on six major areas:
supporting commodity dependent developing countries in elaborating
strategies covering critical parts of the commodities chain; supporting
regional initiatives for commodity development; increasing access to
finance and commodity risk insurance schemes; supporting
diversification; helping integrate commodity dependent countries in the
international trading system; and enhancing sustainable corporate
practices and investments in such countries.

Building on the action plan, the Commission has furthermore developed a
specific programme for African cotton producers. The EC has allocated
more than EUR 80 million in trade-related technical assistance to help
African cotton producers consolidate the competitiveness of their cotton
sectors and put in place measures to mitigate the impact of price
fluctuations. The EC is currently discussing a reform of the support for
its cotton producers by partly decoupling support from production, which
would reduce trade-distorting effects. The EC does not apply export
subsidies to cotton, and encourages other developed countries to
eliminate such subsidies and improve access to their markets.

EC Trade Commissioner Pascal Lamy commented that, "commodity dependent
developing countries are particularly disadvantaged in their efforts to
reap the benefits of a more open international trading system...trade
alone is clearly not a sufficient answer as we have witnessed in the
case of African cotton, which already has full market access in the EU.
We need to support the development of the supply side. We must also
continue our efforts to reduce trade-distorting support. These are key
objectives of the on-going WTO negotiations which need to re-start in
earnest if development friendly outcomes such as these are to be
assured".

Commodities plan discussed at ACP-EU meeting

Officials from the ACP countries met with 300 parliamentarians from the
EU in the Ethiopian capital Addis Ababa from 16-19 February. The
objective of the meeting was to discuss peace and security in developing
countries, aid, trade and health-related issues. Lamy also outlined the
new EC trade commodities action plan, and participants had the
opportunity to comment on it. Although the EC hoped the new strategies
would help Africa meet some of the Millennium Development Goals set by
the UN, critics pointed out that the major problems of EC farm subsidies
were not discussed in the ACP-EC talks. At the launch of the conference,
Ethiopian Prime Minister Meles Zenawi stressed, "Without fair trade,
nothing we do will create sustained development". Sam Barrett of Oxfam
International noted that, "Europe should not use the cotton issue as a
smokescreen to hide its inaction on sectors where EU subsidies are the
real problem, such as sugar and dairy products... Tariffs and subsidies
are effectively controlling the way markets work -- the way you let some
commodities in and keep others out ".

The importance of rice

In related news, experts at an international conference on Rice in
Global Markets and Sustainable Production Systems, hosted by the UN Food
and Agriculture Organisation (FAO) from 12-23 February, stressed the
urgent need to intensify the sustainable production of rice, combined
with increased production of fish and livestock, to ensure food security
in developing countries. Participants highlighted that more than 2
billion people, mainly poor rural farmers, depend on rice production for
their livelihoods and are currently unable to reap the potential
benefits of agro-intensification while being faced with falling prices,
increased market competition and changing economic policies. In
particular, the need to develop new methodologies and production
techniques with increased pressure on land and water resources was
noted. The meeting formed part of the UN International Year of Rice
campaign aimed at raising awareness of the importance of sustainable
rice production for achieving the United Nations Millennium Development
Goals.

ICTSD reporting; "Ethiopia: ACP-EU trade conference opens in Addis
Ababa," IRIN NEWS, 16 February 2004; "Africa: Focus on EU/ACP trade
conference in Addis Ababa," IRIN NEWS, 16 February 2004; "Commission
adopts action plan to help developing countries fight agricultural
commodity dependency and support the development of the cotton sector in
Africa," EC RELEASE, 12 February 2004.

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In Brief
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DEVELOPING COUNTRY ROLE IN FISHERIES TRADE DISCUSSED

The Sub-Committee of the UN Food and Agriculture Organisation (FAO) on
Fish Trade met for its ninth session from 10-14 February in Bremen,
Germany. Participants discussed eco-labelling, food safety, traceability
rules as well as market access for developing countries. Discussions on
food safety and consumer health topped the agenda at the meeting, with
participants calling both for greater safety control through
traceability systems -- ie tracing the fish product from capture to
consumption -- as well as for capacity building for developing countries
to implement such systems and related safety controls. The risk of
safety measures, implemented by countries to protect human health and/or
the environment, becoming a barrier to trade and market access for
developing country exports was highlighted. In this respect,
participants stressed that such measures should be based on solid
science in order to avoid unfair barriers to trade. Regarding market
access, speakers also noted that although developing countries account
for around 50 percent of the world fish trade, a major part of their
exports consist of unprocessed fish instead of processed fish products,
which would provide higher revenue. According to FAO officer Audun Lem,
the main reason for this could be found in tariff peaks and tariff
escalations for processed fish applied by developed countries (tariff
peaks, i.e. exceptionally high tariffs on certain products, and tariff
escalation, i.e. higher tariffs on products of higher value added). On
standards, participants agreed on draft eco-labelling guidelines for
fish products that would serve as global reference standards for
eco-labelling systems once adopted.

The draft report of the meeting will be submitted to the FAO Committee
on Fisheries for approval.

Meeting documents are available at:
http://www.fao.org/fi/meetings/cofi/cofift_9/default.asp

"Fish trade a success story for developing countries, but is the field
level enough," FAO, 13 February, 2004; "FAO meeting on global fish trade
closes in Germany," FAO, 16 February, 2004; "UN meeting on global fish
trade recommends action to boost consumer safety," UN NEWS, 17 February,
2004.

GO AHEAD FOR US ACTION AGAINST ASIAN SHRIMP

On 16 February the US International Trade Commission gave the go ahead
for imposing anti-dumping duties on shrimp products from Brazil, China,
Ecuador, India, Thailand and Vietnam (see BRIDGES Trade BioRes, 22
January 2004, http://www.ictsd.org/biores/04-01-22/inbrief.htm). The
panel decided unanimously that lower-priced aquaculture shrimp posed
unfair competition to the US shrimp industry -- which mainly harvests
wild shrimp -- as it is sold at lower prices on the US market compared
to other markets. The decision enables the US Commerce Department to
impose preliminary duties on frozen and canned shrimp from the Asian and
Latin American countries in early June. The Asian countries were
disappointed with the decision arguing that shrimp aquaculture in Asia
is plainly cheaper than the US wild harvested shrimp production. The US
Commerce Department has to find additional evidence -- until August when
the panel votes again -- in order to impose the high anti-dumping duties
requested from the US alliance of shrimp producers. The current decision
is the first of four decisions that need to be taken before the US can
impose tariffs on the shrimp products; the final decision will be taken
by the International Trade Committee. However, the Asian countries have
declared that they would argue their case. "We are all geared to fight
the case and industry has already hired lawyers for this," said S N
Menon, an official from the Indian federal commerce ministry.

"US Panel Clears Way For Anti-dumping Duty On Shrimp," REUTERS, 20
February 2004; "India says US shrimp trade ruling unfair," AP, 19
February 2004.

"Malaysia lashes out at Indonesia," US activists in illegal timber row,
VANGUARD ONLINE, 16 February 2004; "US Groups Demand Sanctions for
Illegal Timber Trade," IPS NEWS AGENCY, 5 February 2004; "Malaysia
Denies Illegal Timber Trade Claims," PLANETARK NEWS, 16 February 2004.

NEW REGULATIONS KEEPING INVASIVES OUT OF BALLAST WATER

On 13 February over 100 countries signed a UN treaty that seeks to
regulate ballast water management in the shipping industry. The
two-tiered treaty, 10 years in the making, is sponsored by the UN's
International Maritime Organisation (IMO). The first tier includes
regulations that apply to all ships, while the second tier gives
countries the option to take additional measures before allowing ships
to enter their ports. After much deliberation, countries agreed on a
phase-in period for different regulations, beginning in 2009 and ending
in 2016. However, Andreas Inveteraas, representing WWF, expressed
concern that the treaty could be slow to make an impact. "The huge
challenge now will be to ratify the treaty -- and that could take
years," he said.

Ballast water is taken on by ships to provide balance and stability, but
in the process marine species are absorbed and can travel thousands of
miles. Once let out in new environments, these alien species can disrupt
foreign ecosystems. WWF estimates that 4,000 different species can be
carried in a typical ship's ballast at any one time. IMO Secretary
General Efthimios Mitropoulos elaborated on the problem, saying that
"Unlike oil spills and other marine pollution caused by shipping, exotic
organisms and marine species cannot be cleaned up or absorbed into the
oceans. Once introduced, they can be virtually impossible to eliminate
and in the meantime may cause havoc". For example, the zebra mussel that
arrived in the US with ballast water has polluted local water supply and
damaged underwater infrastructure, resulting in cleanup costs to the
tune of almost USD 1 billion between 1989 and 2000. Experts fear that
the problem is worsening due to increased globalisation and
international trade, as 90 percent of the world's traded goods are
carried by sea. How to deal with alien species was also discussed at the
Conference of the Parties to the Convention on Biological Diversity (see
related story this issue).

"UN Conference on Ballast Water Opens," UN WIRE, 10 February 2004; "UN
Agrees on Laws Against Alien Marine Invaders," REUTERS, 16 February
2004.

RULES NEEDED FOR BIOPROSPECTING IN ANTARCTICA, UN

A recently released report by the Tokyo-based United Nations University
notes that rules should be in place to prevent an "unregulated
bioprospecting free for all", ie the search for organisms of commercial
value, in the Antarctic. According to the report, "bioprospectors are
starting to turn their attention to many of the world's last frontiers,
such as hydrothermal vents, the deep seabed, the water column of the
high seas and polar ice caps… Efforts to exploit this new frontier are
now threatening to outpace the capacity of national and international
law to regulate…ownership of genetic materials, the issuing of
patents…and the potential environmental consequences of harvesting these
resources". The report furthermore concludes that the existing Antarctic
Treaty System, a set of treaties governing activity on the continent,
does not adequately address the issue of bioprospecting. "Bio-piracy is
happening. But the piracy isn't illegal because they're not stealing it
from anyone, since no one owns it," says Sam Johnston, one of the
report's co-authors 92 patents have been filed in the US and 62 patents
have been filed in Europe on organisms in the Antarctic. The UN report
also points out that rules should be set globally, and ensure that
revenues and research information is shared amongst all members of the
treaty. Josh Stevens, a member of the Antarctic and Southern Ocean
Coalition, on the other hand doubts that bio-prospecting in the
Antarctica should be commercialised at all. "How do you share the
profits among the members? It hasn't been possible to set up a system to
share revenues for fishing in the region. Bio-prospecting would be even
more difficult," he said.

The UNU report "The International Regime for Bioprospecting Existing
Policies and Emerging Issues for Antarctica" is available at Internet:
http://www.ias.unu.edu/binaries/UNUIAS_AntarcticaReport.pdf

"UN Wants Rules Bioprospecting in Antarctica," REUTERS, 3 February 2004;
"Antarctica's Resources 'at risk'," BBC, 1 February 2004; "Prospectors
start a 'cold rush' to Antarctica," THE AGE, 3 February 2004;
"Bio-Pirates of the Antarctic," IPS, 3 February 2004.

TRAWLING POSES THREAT TO DEEP-SEA CORALS

A group of international marine scientists have signed a statement
requesting a moratorium on the use of heavy trawling gear and related
practices -- including the dragging of heavy chains, nets, and steel
plates across the ocean bottom -- which damages corals and sponges on
the ocean floor. Scientists want to see the current gear substituted
with anchored longlines, which would float above the reefs, causing less
impact. Conservationists pointed out that deep-sea coral reefs are also
referred to as the 'rain forests of the sea' for their extraordinary
biological diversity. It is estimated that between 500.000 and 100
million different species live in the deep seas amongst coral forests
and sponge reefs. Some of the deep-sea coral reefs have just been
discovered and are now under heavy pressure due to trawling practices.
Deep-sea coral reefs regenerate slowly due to the low water temperatures
and often do not recover at all after trawling has occurred. The
statement was released concurrently with the 7th Conference of the
Parties of the UN Convention on Biological Diversity in Kuala Lumpur,
Malaysia (see related story this issue) and the American Association for
the Advancement of Science annual meeting in Seattle.

The call for action was supported by a report released by WWF, IUCN and
the Natural Resources Defense Council (NRDC) entitled "High Seas Bottom
Fisheries and Their Impact on the Biodiversity of Vulnerable Deep-Sea
Ecosystems". The report points to bottom trawl fishing on the high seas
as the single greatest threat to vulnerable deep-sea environments and
biodiversity. At the same time, the report notes that deep-sea trawling
fishing only makes up a minor percentage of total global fisheries;
thus, the economic effect of protecting deep-sea environments should not
be a major concern.

The report is available at:
http://www.iucn.org/themes/marine/pdf/MattGianni-CBDCOP7-Impact-HS-Botto
mFisheries-Complete.pdf

"Deep-sea corals protection call," BBC, 16 February 2004; "Sea bed
trawling, the greatest threat to deep-sea biodiversity," IUCN, 10
February 2004; "Stop deep-sea trawls to protect coral, scientists urge,"
CBC, 16 February 2004.

REPORT REVEALS ILLEGAL TIMBER TRADING PRACTICES IN MALAYSIA

The Sierra Club, the Defenders of Wildlife, Rainforest Action Network,
Greenpeace and other environmental groups have called on the US
administration to impose trade sanctions under the US Pelly amendment
against Malaysia, unless the country takes steps to stop illegal timber
trade. The Pelly amendment allows the US to impose sanctions on nations
whose actions diminish the effectiveness of an international
conservation programme. A recently released report by the non-profit
environmental group Environmental Investigation Agency (EIA) and its
Indonesian partner organisation Telapak revealed that Malaysian exports
of ramin tree sums-up to more than twice the amount of what the country
was able to produce annually. The groups claim that Malaysia illegally
imports the tree from Indonesia and then re-exports it, with severe
consequences for biodiversity. "Every shipment of illegal Indonesian
ramin sold by Malaysia is moving the orang-utans and other species a
step closer to extinction", said EIA Director Allan Thorton. The EIA
report is accompanied by a video on which Malaysian businessmen explain
how they obtain government issued documents to export ramin to China,
Taiwan and other destinations, where it is mainly used for the furniture
industry.

Under the UN Convention on International Trade in Endangered Species
(CITES), the Indonesian government had to ban all cutting and export of
the tree in 2001 while Malaysia can still trade ramin with a CITES
permit. Despite the ban, the timber is harvested illegally in Indonesia,
smuggled to and "washed" in Malaysia before being exported. Indonesian
Forestry Minister Muhammad Prakosa noted this as "unfair practice" and
called on the European Union to ban Malaysian ramin trade. Malaysia, on
the other hand, points to its ban of ramin imports from Indonesia in
2003 to prevent illegal logging. The countries have so far not been able
to cooperate on the issue -- blaming each other for not enforcing their
laws.

The EIA/Telapak report "Profiting from Plunder: How Malaysia Smuggles
Endangered Wood" is available at:
http://www.eia-international.org/cgi/reports/report-files/media67-1.pdf

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Events & Resources
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EVENTS

For a more comprehensive list of events in trade and sustainable
development, please refer to ICTSD's web calendar. Please bear in mind
that dates and times of WTO meetings are often changed, and that the WTO
does not always announce the important informal meetings of the
different bodies.

Coming up in the next two weeks

23-27 February, Kuala Lumpur, Malaysia: FIRST MEETING OF THE CONFERENCE
OF THE PARTIES SERVING AS THE MEETING OF THE PARTIES TO THE CARTAGENA
PROTOCOL ON BIOSAFETY. Substantive issues to be discussed include:
decision procedure; information sharing and the Biosafety
Clearing-House; capacity-building; handling, transport, packaging and
identification; compliance; liability and redress; and monitoring and
reporting. For further information, contact the CBD Secretariat, tel:
(+1-514) 288-2220; fax: 288-6588; email: secretariat at biodiv.org;
Internet: http://www.biodiv.org/meetings/mop-01/

23-24 February, London, England: SUSTAINABLE DEVELOPMENT IN THE WTO:
TRADE, INVESTMENT AND ENVIRONMENT AFTER CANCUN. This international
conference is the fifth in the Royal Institute of International Affairs'
series on trade, investment, and sustainable development. Challenges to
the multilateral trading system in the wake of Cancun will be discussed,
including the US and EU response to developing country concerns over
agricultural subsidies, the negotiating dynamic of the new G21 grouping
of developing countries, and potential conflicts between trade and
sustainable development. For further information and to register for the
conference contact the Conference Unit tel: (+44-20) 7957-5729;
Internet: http://www.riia.org/index.php?id=5&cid=38

25 February, Adelaide, Australia: WHY HAVE A WTO? FOCUSSING ON THE
WELFARE EFFECTS OF WTO LAW. Organised by the Institute for International
Business, Economics and Law (The University of Adelaide) and the Sydney
Centre for International and Global Law (University of Sydney). Sessions
will discuss: accommodating non-economics objectives in WTO law, SPS,
food safety and GMOs, and intellectual property. The symposium is an
opportunity for lawyers and economists to hear presentations and to
engage in discussion on the underlying principles of WTO law. For
further information, contact: Marie Gutsche, Institute for International
Business, Economics and Law, The University of Adelaide, tel: (+08)
8303-6944; fax: 8303-6948; email: marie.gutsche at adelaide.edu.au;
Internet: http://www.iibel.adelaide.edu.au/symposium/index.html or
http://www.law.usyd.edu.au/centres_institutes/SCIGL/FutureEvents.htm

25 February, London: SUSTAINABLE DEVELOPMENT PROGRAMME DISCUSSION
MEETING. The Sustainable Development Progamme of the London-based Royal
Institute of International Affairs (RIIA) will hold a meeting entitled
"UK Bilateral Investment Treaty Programme and Sustainable Development:
Implications of bilateral negotiations on investment at a time when
multilateral talks are faltering". Particular attention will be given to
the impact of bilateral investment treaties on sustainable development.
Attendance is free of charge, but pre-registration is necessary. For
further information contact Sam Usiskin, tel: (+44) (0) 20 7957 5711;
email: sustainable-development at riia.org

29 February, Johannesburg, South Africa: ACHIEVING AGRICULTURAL
DEVELOPMENT THROUGH AGRICULTURAL TRADE. This capacity and communication
building seminar is organised by the International Food & Trade Policy
Council (IPC). The seminar will bring together government officials,
farmers, and other agricultural stakeholders in the region to discuss
the role that agricultural trade can play in economic development and to
relate that role to trade negotiations at the multilateral, regional and
bilateral levels. For further information, contact IPC Communications
Director, Kari Heerman at heerman at agritrade.org; tel: (+1 202) 328-5056
Internet: http://www.agritrade.org

2-5 March, Concepcion, Chile: GLOBAL BIOTECHNOLOGY FORUM. Organised by
the United Nations Industrial Development Organisation (UNIDO) and the
Government of Chile. Sessions will focus on the applications of
biotechnology in agriculture and the food processing industries
including related considerations with regards to socio-economics and
environmental and human health impacts of transgenic technologies. For
further information, contact: email: gbf2004 at udec.cl; Internet:
http://www.gbf2004.cl/index1.html

Other Forthcoming Events

4-5 March, Brussels, Belgium: REMAKING THE GLOBAL TRADING SYSTEM. This
conference, organised by the Greens/European free alliance, will be held
in the European Parliament. It will focus on opportunities to redefine
the global trading system with more emphasis on fair trade and
sustainable development. Expected discussions include structural and
procedural reforms that may be available within the stalled trade talks
of the WTO. Advanced registration is necessary for security reasons. For
more information, contact: email: GreensTradeConference at europarl.eu.int;
Internet: http://www.greens-efa.org/en/

11 March, Oaxaca, Mexico: MAIZE AND BIODIVERSITY: THE EFFECTS OF
TRANSGENIC MAIZE IN MEXICO. Organised by the Commission for
Environmental Cooperation (CEC). The symposium will address key
questions in relation to transgenic maize production in Mexico. Issues
for discussion include the impacts on environmental, agricultural,
animal and human health. Expected participants include members of the
public, academia and governments. The Maize and Biodiversity Symposium
is an integral part of the CEC’s investigation and an opportunity for
the public to engage in the process. For further information, contact
the CEC Secretariat: tel: (+1 514) 350-4300 fax: 350-4345; email:
meetingservices at ccemtl.org; Internet:
http://www.cec.org/pubs_docs/documents/index.cfm?varlan=english&ID=1405

26-27 March, East Lansing, Michigan, US: INTELLECTUAL PROPERTY,
SUSTAINABLE DEVELOPMENT AND ENDANGERED SPECIES: UNDERSTANDING THE
DYNAMICS OF THE INFORMATION ECOSYSTEM. Organised by Intellectual
Property &Communications Law Program, Michigan State University-DCL
College of Law. The conference will bring together property scholars,
communications policy experts, property theorists, economists, political
scientists, environmental activists, and policymakers from WIPO and the
WTO in order to discuss and explain complex information ecosystems.
Among the issues addressed are the balance between intellectual property
protection and the public domain, broadband platforms and media access,
the tension between real and intellectual property theories, biological
and cultural diversity, technology transfer among developed and less
developed countries, and open-source software and innovation barriers.
For further information, contact: Chloe Berwind-Dart, tel: (+1 517)
432-6975; email: berwindd at law.msu.edu; Internet:
http://www.law.msu.edu/calendar/indexResponse.php

7-8 April, New Delhi, India: SECOND ASIAN CONFERENCE ON BIOTECHNOLOGY
AND DEVELOPMENT. Organised by Confederation of Indian Industry (CII),
Research and Information System for the Non-Aligned and Other Developing
Countries (RIS) and The World Conservation Union (IUCN). Participants at
the conference will discuss inter alia agriculture, food security and
economic contribution of biotechnology. Furthermore, the conference will
assess the lessons learned from public-private partnership in financing
of biotechnology in Asia; implementation of the biosafety protocol,
national legislations and other regulatory issues. For further
information, contact: tel: (+91 11 246) 821-7780; fax: 821-7374; email:
dgoffice at ris.org.in; Internet: http://www.ris.org.in

10 May, Szentendre, Hungary: SEMINAR ON THE RELATIONSHIP BETWEEN MEAS
AND WTO RULES. Organised by Ecologic – Institute for International and
European Environmental Policy in co-operation with the Royal Institute
of International Affairs (RIIA) and the Regional Environmental Centre
for Eastern and Central Europe (REC). This is a one-day seminar aimed at
raising the awareness within civil society of international and European
trade policy, especially the relationship between Multilateral
Environmental Agreements and WTO rules. For more information, contact:
Markus Knigge; tel: (+49 30) 8688-00; email: knigge at ecologic.de;
Internet: http://www.ecologic-events.de/eu-trade-policy/en/index.htm

RESOURCES

If you have a relevant resource (books, papers, bulletins, etc.) you
would like to see announced in this section, please forward a copy or
review by the BRIDGES staff to Marianne Jacobsen, email:
mjacobsen at ictsd.ch

TWENTY-FIVE WAYS TO IMPROVE THE DERBEZ DRAFT ON AGRICULTURE. By the
International Food & Agricultural Trade Policy Council (IPC) 2004. The
IPC has assessed the Derbez proposal against the dual goals of
furthering agricultural reform and achieving the development objectives
of the Doha Round. The paper includes a side-by-side comparison of the
major proposals issued since March 2003. For further information, see:
http://www.agritrade.org/Doha/Derbez/Assessment%20Paper.pdf or contact
IPC at agritrade at agritrade.org.

"Determining the Trade-Environment Composition Effect: The Role of
Capital, Labour and Environmental Regulations" by Matthew A. Cole and
Robert J. R. Elliott ENVIRONMENTAL ECONOMICS AND MANAGEMENT 46 (3, 2003)
pp. 363-383. This paper argues that pollution-intensive sectors may be
subject to opposing forces of comparative advantage since these sectors
are also typically capital intensive, yet regions with low environmental
regulations tend to be those that are the least capital abundant. We
examine therefore, whether compositional changes in pollution arising
from trade liberalisation originate due to differences in capital-labour
endowments and/or differences in environmental regulations.

"Trade Liberalisation, Corruption, and Environmental Policy Formation:
Theory and Evidence" by Richard Damania, Per G. Fredriksson, John A.
List in ENVIRONMENTAL ECONOMICS AND MANAGEMENT 46 (3, 2003) pp. 490-512.
This study explores the linkages between trade policy, corruption, and
environmental policy. We begin by presenting a theoretical model that
produces several testable predictions, including: (i) the effect of
trade liberalisation on the stringency of environmental policy depends
on the level of corruption; and (ii) corruption reduces environmental
policy stringency. Using panel data from a mix of developed and
developing countries from 1982 to 1992, we find evidence that supports
these conjectures. We view these results as representing an attempt at
understanding the myriad of complex relationships that exist in an open
economy.

"Developing Countries' Changing Participation in World Trade," by Will
Martin in WORLD BANK RESEARCH OBSERVER 18 (2, 2003) pp. 187-203. Recent
years have seen substantial reductions in trade policy and other
barriers inhibiting developing country participation in world trade.
Lower barriers have contributed to a dramatic shift in the pattern of
developing country trade -- away from dependence on commodity exports to
much greater reliance on manufactures and services. In addition, exports
to other developing countries have become much more important. These
changes have profound implications for the role played by developing
countries in the world economy and trade system.

AFRICAN PERSPECTIVES ON GENETIC RESOURCES: A HANDBOOK ON LAWS, POLICIES
AND INSTITUTIONS. Jointly published by the African Union Scientific,
Technical and Research Commission (STRC), the Environmental Law
Institute (ELI), and the Southern Environmental & Agricultural Policy
Research Institute (SEAPRI), edited by Kent Nnadozie, Robert Lettington,
Carl Bruch, Susan Bass, and Sarah King, 2004. The book examines the
lessons learned from the legal, policy and institutional approaches that
twelve African countries - Cameroon, Côte d’Ivoire, Egypt, Ethiopia,
Kenya, Madagascar, Nigeria, Senegal, the Seychelles, South Africa,
Uganda, and Zambia - have pursued in governing access to genetic
resources and benefit sharing. Drawing upon national and regional
experiences - including those of the African Union (AU) and the Southern
African Development Community (SADC) - the book surveys practical
mechanisms and approaches for managing access to genetic resources and
traditional knowledge, and benefit sharing including related
intellectual property rights issues. For further information, please
see: http://www.elistore.org/reports_detail.asp?ID=10953

WTO AND DEVELOPING COUNTRIES. By Homi Katrak and Roger Strange, Palgrave
Macmillan, November, 2003. This book shows how large an impact the WTO
has on developing countries. It assesses the subsidies given and shows
how they will be affected by trade liberalization. It looks in
particular at the TRIPS agreement and assesses the costs and benefits
that it will have for developing countries. Many of the chapters are
versions of papers presented at The WTO and Developing Countries
conference, held at King's College London in September 2002. It combines
contributions non-governmental organizations such as Save the Children,
Oxfam and Action Aid, as well as those from academics in the field. For
further information, see:
http://www.palgrave-usa.com/catalog/product.aspx?isbn=1403903441

INTERNATIONAL GOVERNANCE OF BIODIVERSITY: INVOLVING USERS OF GENETIC
RESOURCES. By Sélim Louafi, Jean-Frédéric Morin, 2003. "Ten years after
the signing of the Convention on Biological Diversity (CBD), the
objective of fair and equitable sharing of the benefits arising from the
utilization of genetic resources -- one of the three objectives of this
convention — is far from being achieved and continues to stir up
discussions. The current international context is based on a private-law
approach-- contracts on access to genetic resources and the sharing of
benefits tied to their utilisation. For further information, see:
http://www.iddri.org/iddri/telecharge/syntheses/sy05_abs_eng.pdf

HALTING THE LOSS OF BIODIVERSITY IN EUROPE. (Briefing No 1/2004).
Published by European Environment Agency (EEA). This briefing focuses on
the urgent need for information based on monitoring and indicators to
support the achievement of a significant reduction in the rate of
biodiversity loss by 2010 and the EU's more ambitious goal of halting
the loss of biodiversity by 2010. For further information, see:
http://reports.eea.eu.int/briefing_2004_1

"Developing countries' changing participation in world trade," by Will
Martin in WORLD BANK RESEARCH OBSERVER 18 (2, 2003) pp. 187-203. Recent
years have seen substantial reductions in trade policy and other
barriers inhibiting developing country participation in world trade.
Lower barriers have contributed to a dramatic shift in the pattern of
developing country trade -- away from dependence on commodity exports to
much greater reliance on manufactures and services. In addition, exports
to other developing countries have become much more important. These
changes have profound implications for the role played by developing
countries in the world economy and trade system.

SOUTHEAST ASIAN CONFERENCE ON SUSTAINABLE FISHERIES MANAGEMENT AND TRADE
REPORT. Published by Tambuyog Development Center, 2004. The Southeast
Asian Conference on Fisheries Management and Trade aims to orient
participants from various non-government and people's organizations in
the Southeast Asia region on issues pertaining to Fisheries management
and trade within the overall context of building and strengthening
regional partnerships. It shall analyze current Fisheries and trade
issues from different perspectives, work towards the development of a
common standpoint built upon the commonalities of existing local and
national standpoints and shall culminate in the drafting of a statement
of concern that embodies the collective aspirations of the participants.
For the report, please email: admin at tambuyog.org or for further
information, please see: www.tambuyog.org

THE REHABILITATION OF THE DELTA OF THE SENEGAL RIVER IN MAURITANIA:
FIELDING THE ECOSYSTEM APPROACH. By Olivier Hamerlynck & Stéphanie
Duvail. Published by World Conservation Union (IUCN), 2004. The
restoration of the Diawling delta in Mauritania over the past eleven
years has improved the livelihoods of its inhabitants by bringing back
the biodiversity that was lost. "The Diawling project shows that the
ecosystem approach, when applied to the restoration of a severely
damaged wetland, can have very positive effects on both livelihoods and
biodiversity", says Dr. Olivier Hamerlynck. The latest study underlines
how the artificial flooding of the delta has brought back a diverse
delta ecosystem, and how its products again provide the inhabitants with
a livelihood. For further information, see:
http://www.iucn.org/themes/wetlands/pdf/diawling/Diawling_GB.pdf

Electronic Resources

ASIA BIO-NET LAUNCHED. The U.N. Food and Agriculture Organization's
Regional Office for Asia and the Pacific (FAO RAP) has launched Asia
Bio-Net, the official web site for its Thailand-based project "Capacity
Building in Biosafety of GM Crops in Asia." The website provides
information about the FAO RAP project and contains the 28-page
proceedings of its first regional consultation, held on 7-10 July 2003
in Bangkok. The project is designed, according to the website, to assist
countries in the region to safely harness "the benefits of biotechnology
in accordance with relevant global agreements." The Japanese government
is the principle donor for the project, which will run until April 2005.
The website is available at the link below. http://asiabionet.org/

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This edition of BRIDGES Trade BioRes was edited by Marianne Jacobsen,
mjacobsen at ictsd.ch. Contributors to this issue were Heike Baumüller,
Marianne Jacobsen and Evelyn Kislig. The Managing Editor is Heike
Baumüller, hbaumuller at ictsd.ch and the Director is Ricardo
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to the Editors or the Director.

BRIDGES Trade BioRes is made possible in 2003 through the generous
support of the Minister of Housing, Spatial Planning, and the
Environment (Netherlands) and the Swiss Agency for the Environment,
Forests and Landscape (BUWAL). It also benefits from ICTSD's core
funders: the Governments of Finland, Denmark, the Netherlands and
Sweden; Christian Aid (UK), the Rockefeller Foundation, MISEREOR, NOVIB
(NL), Oxfam (UK) and the Swiss Coalition of Development Organisations
(Switzerland).

ISSN 1682-0843
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