REPORT TO THE SPECIAL SESSION OF THE COMMITTEE ON TRADE
AND DEVELOPMENT BY THE CHAIR OF THE TBT COMMITTEE[1]

The following report is being submitted by the Chair of the Committee on Technical Barriers to Trade (TBT Committee), Daniela García, following consultations with the Chair of the Special Session of the Committee on Trade and Development (CTD SS), and was prepared with the assistance of the Secretariat.

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1  BACKGROUND

1.1.  Following the adoption of the Ministerial Declaration on the Precise, Effective and Operational Implementation of Special and Differential Treatment (S&DT) Provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) (MC13 S&DT Declaration)[2], its implementation was discussed in the CTD SS and in an informal open‑ended discussion held by the Facilitator for the G90 Agreement‑specific proposals (ASPs) on the SPS and TBT Agreements on 10 July 2024.[3] In consultation with the Chair of the CTD SS and with a view to supporting the CTD SS in its monitoring role and in the preparation of its report to the December 2024 General Council meeting, the Chairs of the SPS and TBT Committees have agreed to prepare reports on relevant work undertaken by their respective Committees.

1.2.  This report, which follows a similar structure to the report prepared by the Chair of the SPS Committee[4], builds on the October 2023 CTD SS thematic session on the G90 ASPs on the SPS and TBT Agreements[5], as well as on the overall approach discussed on 10 July 2024.[6] It provides an overview of recent TBT Ministerial Decisions as well as Committee work of relevance, including in the context of the recently adopted Tenth Triennial Review. It also includes sections on the ePing SPS&TBT Platform[7] and on capacity building.[8]

1.3.  In the lead‑up to the WTO's 13^th Ministerial Conference (MC13), the above‑mentioned thematic session on the G90 ASPs on the SPS and TBT Agreements was held under the ambit of the CTD SS on 4 October 2023. The Session brought CTD SS, TBT and SPS delegates together, along with relevant stakeholders, to discuss S&DT and technical assistance in the SPS and TBT Agreements, developing country Members' related challenges, and relevant work in the SPS and TBT Committees, as well as other initiatives.[9]

1.4.  The thematic session was structured around three substantive sessions: (i) the first session featured presentations on the S&DT provisions under the SPS and TBT Agreements and S&DT‑related work of the Committees; (ii) the second session covered transparency provisions, including comment period provisions and guidelines, as well as the ePing SPS&TBT Platform and transparency‑related capacity building work; and (iii) the last session focused on the technical assistance and transition period provisions contained in the SPS and TBT Agreements, as well as TBT and SPS technical assistance activities delivered by the Secretariat, including the new transparency champions courses.

2  MC13 Declarations

2.1.  Members adopted two TBT‑related Ministerial Declarations at MC13 in Abu Dhabi in February 2024 which have development aspects:

a._         The Ministerial Declaration on Strengthening Regulatory Cooperation to Reduce Technical Barriers to Trade[10] reaffirms the relevance of the TBT Agreement to modern global trade challenges and emerging policy concerns and highlights the key role of the TBT Committee for promoting regulatory cooperation aimed at reducing technical barriers to trade. The declaration, in its paragraph 5.e, underlines the importance of transparency and encourages making information on all related technical regulations/conformity assessment procedures publicly available, continued refinement of notifications and use of digital tools to improve the global trading and business environment. Furthermore, paragraph 5.g of the declaration promotes the further development of and training on digital tools, including ePing and eAgenda, for early engagement on TBT matters. Paragraph 5.h of the declaration stresses the importance of technical assistance and capacity building to address challenges facing developing Members, especially in the area of transparency and quality infrastructure.

b._         The MC13 S&DT Declaration[11] highlights the importance of S&DT and capacity building for developing Members as a means of supporting the effective implementation of both the SPS and the TBT Agreements. To this end, the declaration requests improvements in training and technical assistance as well as improvements to the existing compilation of comment periods given by Members in their notifications with respect to SPS and TBT measures.

2.2.  These two declarations have been providing overall direction and guidance to the ongoing work of the TBT Committee, including under the Tenth Triennial Review of the TBT Agreement concluded in November 2024.

3  Work of the TBT Committee

3.1.  The TBT Committee's work evolves continuously, adapting and improving its functioning based on experience‑sharing and discussions among Members, sometimes leading to decisions and recommendations adopted by the Committee, all of which are compiled in the G/TBT/1‑series.[12] The Committee work is generally guided by the Triennial Reviews which are mandated under Article 15.4 of the TBT Agreement. Further information on the Tenth Triennial Review concluded in November 2024 is available under Section 6.

3.1  Transparency

3.2.  Transparency is a fundamental principle enshrined in the WTO Agreements, including the TBT and SPS Agreements. Increased transparency helps to achieve a greater degree of clarity, predictability and information about trade and trade policies, rules and regulations of Members. Under the TBT Agreement, Members are required submit notifications to inform other Members about new or changed technical regulations and conformity assessment procedures that may significantly affect trade and provide a comment period. TBT notifications can be accessed through the ePing SPS&TBT Platform or the Documents Online application.[13] Transparency obligations under the TBT Agreement also include the establishment of Enquiry Points to answer reasonable enquiries from trading partners, and publishing adopted TBT measures.

3.3.  Transparency‑related matters have been discussed in the TBT Committee under the standing agenda item on transparency and since 2022, also in the Transparency Working Group (see paragraph 3.4). Transparency is also one of the main topics considered in the context of the Triennial Review exercises. Over the years, the TBT Committee has adopted a series of decisions and recommendations to facilitate the implementation of transparency provisions. They can be found in Section 6 of the compilation of decisions and recommendations contained in _G/TBT/1/Rev.15.

3.4.  The Ninth Triennial Review, which was completed in 2021, resulted in 19 transparency‑related recommendations, focusing on areas such as improving the content of notifications and the related commenting process, domestic coordination and technical assistance.[14] With a view to advancing with these recommendations, a Transparency Working Group (TWG) was established in March 2022 which is open to all Members. The TWG has helped the Committee advance significantly with most of the transparency‑related recommendations from the Ninth Triennial Review.[15] Among others, work has been finalized on three key guidance documents:

a._         In November 2023, the Committee adopted the revised guidelines for the preparation of new notifications[16], calling for further details to be provided on content, timelines and procedures related to notified measures.

b._         In March 2024, the Committee adopted guidelines and a corresponding format for the submission of "statements of implementation" under Article 15.2[17], aiming to assist Members in describing the overarching legal and institutional framework they put in place to implement the TBT Agreement. Establishing a more uniform format for these notifications also makes them more accessible as reference points for understanding Members' regulatory frameworks.

c._         In June 2024, the Committee finalized a good practice guide on how to comment on a notification[18], intended to assist Enquiry Points and other stakeholders in engaging proactively in the commenting process.[19]

3.5.  Work under the TWG continues, currently with a focus on further improvements to the notification formats and guidelines.[20]

3.6.  The Committee also holds regular thematic sessions on transparency as well as Special Meetings on Procedures for Information Exchange every two to three years, bringing together Enquiry Points to share experiences and identify good practices in the management and coordination of outgoing and incoming notifications, operation of Enquiry Points and use of digital tools. The Tenth Special Meeting held in June 2023[21] focused on use of ePing for implementation and outreach to domestic stakeholders, operation of Enquiry Points and preparation of comments on notifications. The thematic session held in July 2022[22] focused on challenges Members have in identifying the specific products covered by a notified regulation and on good practices for an effective and sustainable domestic coordination mechanism. In addition, the Secretariat holds ePing walk‑in sessions on the margins of every TBT week to provide updates on recent enhancements to ePing and respond to specific questions from delegations.

3.7.  The Committee is mandated to conduct an Annual Review of activities relating to the implementation and operation of the TBT Agreement, including notifications, specific trade concerns, technical assistance activities and TBT‑related disputes. The Annual Review reports contain detailed statistics relating to transparency obligations.[23]

3.8.  In recent years, Members have been submitting around 4,000 notifications per year. In 2023, around 80% of notifications were submitted by developing and least‑developed country Members, with shares of 43% and 37% respectively.[24] Five Members of the East African Community (EAC) were among the top ten notifying Members (see Chart 1).

3.1.1.1  Chart 1 – TBT notifications by development status[25]

3.9.  Members use the TBT Committee to discuss "specific trade concerns" (STCs) with respect to TBT measures which may affect their trade. These discussions relate either to proposed or final measures; most of them – 68% – relate to notified measures. The Committee gives Members an opportunity to review STCs in a multilateral setting, and to seek further information and clarification, working towards resolution of concerns. In 2023, Members reported on progress with nine STCs, the most in any year since 1995, while also raising a total of 206 STCs, including 34 new ones. Of the 34 new STCs, 18 were raised by developing Members, 8 were raised by developed Members and 8 by both developing and developed Members.[26]

3.2  Technical assistance

3.10.  Article 11 of the TBT Agreement requires Members to provide advice and technical assistance to other Members, especially developing country Members. LDCs should be given priority with respect to technical assistance activities. TBT‑related technical assistance envisaged by Article 11 includes, for instance, assistance with the establishment of national standardizing or conformity assessment bodies, and the establishment of institutions and legal frameworks to fulfil the obligations of membership or participation in international or regional systems for conformity assessment. In addition, Members, if requested by other Members, are also required to advise on the preparation of technical regulations, how best to comply with technical regulations and steps to be taken by producers to gain access to systems for conformity assessment.

3.11.  The standing agenda item on "Technical Cooperation Activities" provides an opportunity for Members and the WTO Secretariat[27] to provide updates on their technical assistance activities during the meetings of the TBT Committee. Over the last three years, one Member has reported on the technical assistance it provided.[28]

3.12.  Observer organizations to the TBT Committee also regularly report on their technical assistance activities in the context of their general updates under the standing agenda item "Observers". For example, during the last meeting of the TBT Committee held in November 2024, the TBT Committee heard updates on capacity building activities from International Bureau of Weights and Measures (BIPM)[29], International Organization for Standardization (ISO)[30], African Organisation for Standardisation (ARSO)[31] and United Nations Conference on Trade and Development (UNCTAD).[32]

3.3  Domestic coordination

3.13.  Domestic coordination on TBT matters, including collaboration with the private sector and other relevant stakeholders, is essential to ensure effective implementation, to engage in a timely manner with trading partners regarding regulatory developments and to fully realize the benefits of the TBT Agreement. By aligning efforts across government agencies and engaging with relevant stakeholders, Members can streamline resources, enhance transparency, and facilitate safe trade. Coordination also supports regulatory alignment, reduces duplication of efforts, and promotes better compliance with international standards, benefiting both the public and private sectors.

3.14.  Members have been exchanging experiences and discussing good practices for domestic coordination during thematic sessions. For example, the thematic session held in July 2022 aimed to identify key ingredients for effective and sustainable domestic coordination mechanisms and also addressed how digital tools such as ePing could be leveraged to support effective, inclusive and timely domestic coordination. Members also shared their experiences with domestic coordination during the thematic session held in February 2021.[33]

3.4  Guidelines on conformity assessment procedures

3.15.  In March 2024, Members adopted Non‑prescriptive practical guidelines to support regulators in the choice and design of appropriate and proportionate conformity assessment procedures.[34] These guidelines help regulators in developing or adopting appropriate procedures for determining whether products fulfil the requirements established by relevant technical regulations or standards, ensuring that measures to verify compliance do not create unnecessary obstacles to international trade.

3.16.  The guidelines identify the "development dimension" as one of the nine core elements for regulators to consider in the choice and design of appropriate and proportionate conformity assessment procedures. As further elaborated in Section 2.8 of the guidelines, this involves considering the needs and difficulties of developing country Members in implementing conformity assessment procedures, including in terms of developing and maintaining their national quality infrastructure. Given that economic operators in developing or least‑developed Members may have limitations in fulfilling certain conformity procedures, the guidelines state that regulators in other Members may seek to accommodate these limitations while still taking into account the risks associated with a product. In this respect, the guidelines also state that, consistent with Article 11 of the TBT Agreement, Members, if requested, should provide technical assistance on these matters.

3.5  Thematic sessions

3.17.  The TBT Committee holds thematic sessions throughout the year which give Members the opportunity to share experiences and discuss specific regulatory topics. The topics of the thematic sessions are agreed by Members in the triennial review reports. The development dimension and the special needs of developing and least developed countries has been discussed in some of the recent thematic sessions held by the TBT Committee.[35] For example, in 2023, Members discussed constraints faced by developing and least‑developed countries in using digital technologies and tools in implementing good regulatory practice and the importance of ensuring their effective participation in the international standard‑setting process.[36]

4  ePing SPS&TBT Platform

4.1.  The ePing SPS&TBT Platform, launched in July 2022, consolidates all TBT and SPS transparency tools, including the former ePing alert system, into a unified platform. This integration responded to requests from Members in the TBT and SPS Committees for a more streamlined tool, with a specific recommendation from the TBT Committee to integrate various TBT tools into a more comprehensive and centralized platform.[37] The ePing SPS&TBT Platform builds on the previous version of ePing, which was launched in November 2016, and is the result of collaboration between the WTO, the International Trade Centre (ITC) and the United Nations Department of Economic and Social Affairs (UNDESA).

4.2.  The ePing SPS&TBT Platform supports the implementation of transparency disciplines under the TBT and SPS Agreements and facilitates access to SPS‑ and TBT‑related information. Members, as well as any interested stakeholder, can be a user of ePing to consult SPS and TBT notifications, specific trade concerns and other Committee documents, as well as the contact information of enquiry points and notification authorities. They can also subscribe to receive email alerts on notifications of interest and reach out to notification authorities and enquiry point officials of other Members through the platform. Officials with additional rights can use ePing to submit notifications to the WTO. Currently, more than 99% of SPS and TBT notifications are submitted through ePing. The single sign‑on system allows seamless access from ePing to eAgenda for those with the necessary credentials. In response to two specific requests submitted by Members in the TBT Committee, two features in ePing were enhanced to allow officials with additional rights to, on a voluntary basis, disseminate information on comments submitted on notifications[38] or share unofficial translations.[39] The ePing SPS&TBT Platform also contains video tutorials which are meant to help users to better navigate through the platform and utilize its functions.

4.3.   The Secretariat continuously improves this platform in response to the needs of Members. Most recently, the Secretariat has begun piloting an unofficial translation service into English, French and Spanish for notified regulations, addressing one of the specific TBT Committee recommendations in this regard.[40] Given the 60‑day comment period provided in most notifications, swift access to translations of notified draft regulations and related text is crucial for timely engagement on regulatory developments.

4.4.  Currently, almost 25,000 users are registered on the ePing SPS&TBT Platform, with 46% representing the public sector, 40% the private sector, 9% academia or non‑governmental organizations, and 5% representing both the public and private sector (See chart 2 below).

4.1.1.1  Chart 2– Registered ePing users by sector

5  Capacity building

5.1  WTO technical assistance

5.1.  According to the WTO 2023 Technical Assistance Annual Report, in the last three biennial technical assistance and training plans, covering the period 2018‑2023, Members identified TBT and SPS as the main priority areas for technical assistance, continuing the trend of previous years.[41] TBT and SPS are also among the top three topics in beneficiaries' technical assistance priorities for 2024‑2025.[42]

5.2.  Responding to this high level of interest from Members, in the period 2013 to 2023, the WTO Secretariat has trained around 23,000 participants in the areas of TBT and SPS, constituting 25% of the total number of participants trained in topic‑specific WTO TA activities.[43]

5.3.  WTO's technical assistance activities in the TBT area aim at increasing participants' awareness about rights and obligations under the TBT Agreement and its implications at the national level. In the organization of TBT technical assistance activities, the levels of familiarity with the TBT Agreement and advancement in its implementation are taken into consideration in meeting and responding to individual country/regional needs. The programmes of national/regional activities may include presentations on the disciplines and obligations under the TBT Agreement, transparency framework, dispute settlement, implementation challenges, STCs, Good Regulatory Practice, the work of the TBT Committee, and digital tools, among others.

5.4.  In 2022‑2023, the Secretariat organized a total of 25 TBT‑specific technical assistance (TBT TA) activities: 21 national and 3 regional workshops and 1 Geneva‑based activity (some of these, in particular in 2022, were delivered virtually).[44] In 2024, a total of 23 TBT TA activities were delivered, including 9 national and 6 regional workshops as well as 8 ePing‑specific training sessions.[45] The regional workshops delivered in 2024, some in partnership with other agencies, covered the following regions: Africa, the Caribbean, Central and Eastern Europe, Central Asia and the Caucasus (CEECAC), Latin America, and the Middle East. In recent years, the following trends stand out: (i) a sharp increase in demand and delivery of TBT TA after the end of the COVID‑19 pandemic (the number of TA delivered in 2024 was almost the same as that delivered in 2022 and 2023, combined); (ii) an increasing focus on the topics of transparency and ePing; and (iii) more delivery of joint SPS‑TBT activities.

5.5.  In 2022, the Secretariat held the first edition of the TBT and SPS Transparency Champions Courses. The goal of this new programme was to bring about concrete and sustainable results in operationalizing the transparency framework of the WTO. These courses aimed to equip participants with the comprehensive knowledge and practical skills to implement and benefit from the WTO's TBT and SPS transparency framework.[46]

5.6.  The first cohort of the TBT programme included 26 officials from African countries with responsibilities for TBT transparency procedures. The first week of the course was held at the WTO in October 2022[47], where each participant developed an action plan to be implemented upon return to their capital. The programme continued with a series of virtual sessions to complement the topics covered during the first week and exchange updates with the implementation of action plans. The programme concluded in Nairobi, Kenya in April 2023[48], where participants reported on their action plans. The programme also benefitted from contributions from "mentor" Enquiry Points as well as from ARSO. Following the programme, some of the "champions" became active participants in the work of the TBT Committee and its Transparency Working Group.

5.7.  The initial results of the Transparency Champions programmes, as evaluated by ITTC's Monitoring and Evaluation Section, showed that they achieved their objectives. They have contributed substantially to the creation of a pool of TBT and SPS experts with a sound knowledge of transparency issues and the functioning of the competent authorities. The programmes fostered changes in Members, leading to a better implementation of the Agreements through more notifications and improved timing and completeness, but also to enhanced internal coordination and more efficient use of digital tools to manage communication with stakeholders. In addition, participants gained more self‑confidence and strengthened their communication skills and networks. These "portable" skills can be used in many different circumstances, increasing the return of the programmes for the beneficiary countries.

5.2  STDF

5.8.  The Standards and Trade Development Facility (STDF) is a global partnership, established by the WTO, together with FAO, WHO, WOAH and the World Bank Group, that promotes improved food safety, animal and plant health capacity in developing countries.[49] In June 2024, the STDF Working Group approved STDF/PG/1000: "Improving the use of the ePing SPS&TBT Platform to Enhance Transparency for Market Access", a project that will be implemented by the WTO.[50] While STDF projects normally focus on SPS matters, this project will take a more holistic approach to regulatory transparency and involve entities and stakeholders with an interest in both SPS and TBT matters. By improving transparency and accessibility of SPS and TBT measures, the project aims to enhance clarity, predictability, and regulatory coordination on SPS and TBT regulations affecting trade, through an increased uptake of ePing in five beneficiary countries (Kenya, Namibia, South Africa, Tanzania and Uganda). Through technological enhancements of the ePing platform and new capacity building approaches, the project seeks to make it easier for public and private sector users to keep abreast of and communicate on SPS and TBT measures affecting trade.

5.3  Resources

5.9.  The Secretariat has prepared several TBT‑related publications, including the following:

a._         Technical Barriers to Trade Agreement: 10 key results from 2023;

b._         The WTO Agreements Series: Technical Barriers to Trade (Third Edition);

c._         WTO TBT Enquiry Point Guide: Making transparency work; and,

d._         Technical Cooperation Handbook on Notification Requirements: TBT Section.

5.10.  Additional technical assistance and transparency‑related materials are available here:

a._         TBT Committee Transparency Working Group;

b._         Technical Barriers to Trade – Members' transparency toolkit; and,

c._         Technical Barriers to Trade — events, workshops and training.

6  Looking ahead

6.1.  At its 5‑8 November 2024 meeting, the TBT Committee completed its Tenth Triennial Review of the Operation and Implementation of the TBT Agreement and adopted a set of recommendations for work over the next three years.[51] These recommendations were based on proposals submitted by Members to the TBT Committee in the course of the triennial review process and cover various issues and topics including those relating to transparency, technical assistance, special and differential treatment and the operation of the Committee.[52] For instance, the TBT Committee agreed to:

a._         update the Enquiry Point Guide, building on the information gathered in developing the good practice guide on how to comment on a notification;

b._         discuss the current use of flexibilities in the notification process by developing and least‑developed‑country Members;

c._         explore ways in which to optimize the use of digital tools to further facilitate the participation of all Members in the work of the Committee;

d._         hold a thematic session on the experience of developing and least‑developed country Members in: (i) using flexibilities in the TBT Agreement and the Decisions and Recommendations of the TBT Committee[53]; (ii) engaging with notifications and submitting or responding to comments; (iii) raising and addressing specific trade concerns; and, (iv) engaging with national stakeholders and cross‑agency coordination;

e._         request the Secretariat to report to the Committee on its recent and planned TBT capacity building efforts, including their geographic distribution and content, and to develop a questionnaire for Members and Observer organizations on their recent and planned TBT capacity building efforts, including their geographic distribution and content, and, based on answers provided, report back to the Committee;

f._          hold a thematic session on the role of metrology in facilitating trade and supporting the effective implementation of the TBT Agreement, which may address barriers to participation by developing and least developed country Members in the international metrology system and explore practices to overcome such barriers.

g._         encourage the following practices with a view to increasing engagement in thematic sessions:

i._          Before the event, to: (i) announce the moderators and the draft programme as early as possible, but at least 20 working days prior to the session; (ii) encourage Members to propose speakers as soon as possible and to limit the number of speakers proposed to two; (iii) in composing the panels, to consider diversity, inclusivity and the special challenges faced by developing and least‑developed country Members; (iv) engage with the audience prior to the session, for example, by providing guiding questions; and, (v) use social media for awareness raising about the upcoming session;

ii._         During the event, to: (i) consider the use of a variety of formats such as roundtables, question‑and‑answer panels; (ii) limit the time given to – and the total number of – speakers in each session; and (iii) increase the use of digital tools for audience engagement (such as real‑time polls);

iii._        After the event, to request the Secretariat to seek ways of enhancing the circulation and dissemination of information regarding the thematic sessions, as well as means of making such information more accessible online (e.g. through the use of tags and keywords, as well as social media channels);

h._         hold joint thematic sessions with other WTO bodies on topics of relevance to the TBT Agreement, based on proposals from Members and in coordination with relevant other WTO bodies. Possible topics could include, among others, TBT‑related technical assistance discussed in the Committee on Trade and Development (CTD); and

i._          hold a thematic session in which Members could exchange experiences on how certain STCs are resolved and share good practices that support the expedited resolution of STCs.

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