Special Session of the General Assembly to Review and Appraise the Implementation of Agenda 21

Late Breaking News from the Informal Consultations

Reported by Peter Doran, Earth Negotiations Bulletin

Negotiations on both cross-sectoral and sectoral issues took place on the third day of informal consultations on the draft outcome of UNGASS. The negotiations on cross-sectoral issues focused on changing consumption and production patterns and making trade and environment mutually supportive. European Union initiatives on energy and material efficiency and a proposal to move towards full cost pricing of natural resources suffered setbacks. NGOs were unable to intervene in the cross-sectoral consultations after a G-77/CHINA objection. The first substantive discussions on sectoral issues served to make progress on a number of outstanding issues, including energy, transport, atmosphere, and sustainable agriculture.

Cross-Sectoral Issues

In paragraph 22(a) in the section on changing consumption and production patterns, JAPAN and the G-77/CHINA called for the deletion of text on pricing natural resources in a way that reflects full costs, in the context of promoting measures to internalize environmental costs and benefits. The EU, having introduced the idea during earlier negotiations, agreed to discuss these objections with his group.

NORWAY is reluctantly considering amendments to paragraph 22(b) that originally called on businesses to publish environmental and social audits to promote their role in shaping sustainable consumption patterns. Following objections by the G-77/CHINA and amendments from the US, the Chair, Amb. Celso Amorim (Brazil) suggested a reformulation: "Encouraging as appropriate the voluntary publication of environmental and social assessments on its own activities taking into account specific country conditions." NORWAY pointed out that one cannot take a company to court on the basis of an assessment.

In paragraph 22(c), delegations agreed that industrialized countries should take the lead in developing core indicators to monitor critical trends in consumption and production patterns.

In paragraph 22(f), the EU pressed for acceptance of clear time-bound goals in the context of energy and material efficiency. The US, CANADA and AUSTRALIA continued to resist the level of detail of the European proposals. The EU eventually agreed to refer a reformulation of bracketed text to his capitals for consideration. The reformulated text reads: "...attention should be given to studies that propose to improve the efficiency of resource use including consideration of a tenfold improvement in resource productivity in industrialized countries in the long term and a possible factor four increase in industrialized countries in the next two or three decades." Brackets were also removed from text on assisting developing countries improve efficiency after the introduction of an amendment "encouraging the relevant bodies" to undertake such assistance. A bracketed reference to targets, goals or action was removed from the paragraph.

On encouraging governments to take the lead in changing consumption patterns (paragraph 22(g)), delegations agreed to consider text proposing that governments in developed countries in particular should set an example in this regard.

On encouraging the media, advertising and marketing sectors to help shape sustainable consumption (paragraph 22(h)), delegates agreed to delete an additional reference to shaping "production" patterns.

In paragraph 22(j) on promoting eco-efficiency measures, delegates agreed that developed countries should pay special attention to the needs of developing countries "and to the need to avoid" negative impacts on export opportunities and market access for developing countries. A reference to countries with economies in transition may also be included.

In paragraph 23 on making trade and environment mutually supportive, delegates agreed to consider text recognizing the need for continuing the elimination of discriminatory and protectionist practices in international trade relations, "which will have the effect of improving access for the exports of developing countries." The new text was taken from a General Assembly resolution and introduced by the G-77/CHINA. The RUSSIAN FEDERATION sought to introduce text noting that such elimination "would also facilitate the full integration of countries with economies in transition into the world economy." The G-77/CHINA agreed to consider this.

On the continuing need to eliminate discriminatory and protectionist practices in the context of making trade and environment mutually supportive (paragraph 23(b), the EUROPEAN COMMUNITY introduced language from a General Assembly resolution stating that "trade and environmental policies should be mutually supportive so as to achieve sustainable development," and the US added "In that connection effects on sustainable development should be considered in connection with further liberalization of international trade." The G-77/CHINA agreed to consider the new text.

On bracketed paragraph 23(h) on the WTO and ensuring that trade rules do not prevent or undermine effective and legitimate environmental policies, the G-77/CHINA said delegations were exceeding their mandate and objected to the fact that the paragraph appeared to subordinate trade to environmental policies. The US offered a reformulation: "There is a need to further consider ways to make trade and environment mutually supportive in furtherance of sustainable development including through respect to provisions of multilateral environmental agreements and to the objectives and principles of the multilateral trading system." The G-77/CHINA agreed to consider the new text along with additional suggestions on protectionism, cited from the Agenda for Development.

On population (paragraph 24), the EU objected to the bracketed formula referencing the report of the International Conference on Population and Development in the context of bracketed language on health care. The EU sought to reference the ICPD using a General Assembly formula used to refer to the Platform for Action (PFA) of the Fourth World Conference on Women (FWCW). The GA adopted resolutions endorsing the PFA, as adopted by the FWCW. No agreement was reached.

On health and lead poisoning (paragraph 25), delegations agreed reformulated language: "Given the severe and irreversible health effects of lead poisoning, particularly on children, it is important to accelerate the process of eliminating unsafe uses of lead including the use of lead in gasoline worldwide, in light of country-specific conditions and enhanced international support and assistance to developing countries particularly through timely provision of technical and financial assistance and the promotion of endogenous capacity building." The G-77/CHINA also agreed to the removal of brackets from a call for strategies to make parents, families and communities aware of the adverse environmental health impacts of tobacco.

Sectoral Issues

In paragraph 29 on freshwater and paragraph 30(a) on oceans and seas, TURKEY is expected to reconsider its reservations regarding customary uses of water and the ratification of relevant agreements as soon as possible, respectively.

On forests, no agreement has been reached on the question of a Convention in paragraph 34. This issue is expected to be taken up at UNGASS for final negotiations.

On energy, delegations are close to agreement. The Chair, Derek Osborn (UK), believes that the issue of energy is now established nearer the top of the CSD agenda and it will be a central subject at the CSD in 2001. In the meantime there will be explorations on the precise meaning of sustainable energy use and the implications for production, consumption, distribution, renewables, and new economic mechanisms.

On transport, all issues have been agreed with the exception of a proposed tax on aviation fuel (paragraph 40(e), supported by the EU and opposed by the US.

On atmosphere, delegations are near agreement on paragraph 41, containing an outline description of the kind of commitments they expect to be undertaken at the FCCC COP in Kyoto, Japan. Discussions at the G-7+1 meeting in Denver later this week are expected to signal the direction of further discussions to be taken up at UNGASS itself.

On radioactive wastes, a contact group has been established to complete negotiations on the "proximity principle" regarding treatment of waste at or near its point of origin (paragraph 49). More progress on this is expected Thursday.

In paragraph 53 on land and sustainable agriculture, negotiations were facilitated by adopting text from the FAO Food Summit.

In paragraph 55 on desertification and drought, negotiations are expected to be completed at UNGASS when delegations will take up the issue of a financial mechanism for the Convention to Combat Desertification.

In the Corridors I

NGOs are planning to make the adoption of a tax on airline fuel -- with potential revenues of $3 billion going towards funding sustainable development -- a key test of political will at the UNGASS next week. Even if there is no widespread agreement in the face of US opposition, NGOs are expected to press the EU to pursue the idea independently. The EU has supported the initiative. NGOs are expected to make this a headline issue at beginning of next week.

In the Corridors II

The CSD Bureau is expected to make a ruling on procedures for NGO interventions at the informal consultations after it emerged Wednesday that different attitudes to the issue had been adopted at the two sets of consultations. NGO representatives were permitted to intervene during consultations on sectoral issues but met with opposition by the G-77/China at the cross-sectoral discussions. When the Chair suggested that he would call on an NGO representative to address the cross-sectoral discussions the G-77/China pointed out that they were in the middle of negotiations and he was not comfortable negotiating with NGOs. He asked that the NGO be allowed to speak at the end of the session, citing a General Assembly decision on NGO participation in the process. The Secretariat explained that the General Assembly offered no firm ruling but had directed that NGOs could speak at the beginning or end of sessions, or in the absence of government objections, during sessions.

Things to Look for on Thursday

Informal consultations on sectoral issues are expected to be concluded at a meeting at 10:00 am.

Consultations on the draft political statement by Heads of State are expected to reconvene at 11:00 am.

Consultations on cross-sectoral issues are expected to reconvene at 6:00 pm.

Informal meetings will address forests, the CSD work programme and radioactive wastes.