DECISIONS and recommendations ADOPTED BY THE
WTO COMMITTEE on Technical Barriers to trade
SINCE 1 JANUARY 1995
Note by the Secretariat[1]
Revision
The
present document contains the twelfth revision of the compilation of the TBT
Committee's Decisions and Recommendations. This revision, which supersedes all
previous G/TBT/1 documents, is in two parts. Part 1 contains the Committee's
decisions and recommendations adopted since 1 January 1995. Part 2 contains the
Committee's Rules of Procedure including Guidelines for Observer Status for
Governments and International Intergovernmental Organizations.
_______________
Contents
1
Part 1: Decisions and recommendations adopted by the Committee on technical
barriers to trade................................................................................................................. 5
1 Good Regulatory Practice.......................................................................................... 5
1.1
General............................................................................................................................... 5
1.2
Information Exchange........................................................................................................ 6
2 Conformity assessment............................................................................................... 8
2.1
General............................................................................................................................... 8
2.2
Information Exchange...................................................................................................... 10
3 Standards....................................................................................................................... 12
3.1
General............................................................................................................................. 13
4 Transparency................................................................................................................ 17
4.1
General............................................................................................................................. 17
4.2
Statement on Implementation and Administration of the TBT Agreement
(Article 15.2).. 17
4.3
Notifications...................................................................................................................... 19
4.3.1
Technical Regulations and Conformity Assessment Procedures.................................... 19
4.3.1.1
"Significant effect on trade of other Members"........................................................... 20
4.3.1.2
Timing of Notifications................................................................................................ 21
4.3.1.3
Submission of Notification (Format and Guidelines).................................................... 21
4.3.1.4
Notification of Labelling requirements........................................................................ 22
4.3.1.5
Notifications of Proposed Technical Regulations and Conformity Assessment
Procedures of Local Governments at the Level Directly Below that of the Central
Government............................... 23
4.3.1.6
Length of time allowed for comments........................................................................ 23
4.3.1.7
Handling of comments............................................................................................... 24
4.3.1.8
Timing of Entry into Force of Technical Regulations and Understanding of
"Reasonable Interval" under Article 2.12................................................................................................................................ 25
4.3.1.9
Follow-up.................................................................................................................... 26
4.3.1.10
Monthly Listing of Notifications Issued by the WTO Secretariat................................. 27
4.3.2
Standards...................................................................................................................... 27
4.3.2.1
Notification of the Acceptance of, or Withdrawal from, the Code of Good
Practice (Paragraph C) 27
4.3.2.2
Notification of the Existence of a Work Programme (Paragraph J)............................... 28
4.3.2.3
Publishing of a Notice (Paragraph L)............................................................................ 29
4.3.2.4
Events........................................................................................................................ 29
4.3.3
Notification under Article 10.7 of the TBT Agreement.................................................... 29
4.4
Dissemination of Information........................................................................................... 30
4.4.1
Publication..................................................................................................................... 30
4.4.2
Texts of Notified Technical Regulations and Conformity Assessment Procedures.......... 30
4.4.3
Provision of Translations................................................................................................ 31
4.4.4
Online Tools................................................................................................................... 33
4.4.4.1
Events........................................................................................................................ 34
4.5
Enquiry Points................................................................................................................... 34
4.5.1
Establishment of Enquiry Points.................................................................................... 34
4.5.2
Functioning of Enquiry Points......................................................................................... 34
4.5.2.1
Handling and Processing of Requests......................................................................... 34
4.5.2.2
Enquiries which the Enquiry Points should be prepared to Answer............................. 35
4.5.3
Booklets on Enquiry Points............................................................................................ 36
4.5.4
Events........................................................................................................................... 36
4.6
Special Meetings on Procedures for Information Exchange.............................................. 36
5 Technical assistance................................................................................................. 37
5.1
General............................................................................................................................. 37
5.2
Information Exchange...................................................................................................... 39
6 Special and differential Treatment...................................................................... 41
6.1
General............................................................................................................................. 41
6.2
Information Exchange...................................................................................................... 42
7 Operation of the committee..................................................................................... 43
7.1
General............................................................................................................................. 43
7.1.1
Review of Specific Trade Concerns................................................................................. 43
7.2
Information Exchange...................................................................................................... 44
7.2.1
Thematic Sessions......................................................................................................... 44
Annexes to part 1............................................................................................................... 45
1 Indicative List of Approaches to facilitate
Acceptance of The Results of Conformity Assessment........................................................................................................................... 45
2 Decision Of The Committee On Principles For The
Development Of International Standards, Guides And Recommendations With
Relation To Articles 2, 5 And Annex 3 Of The Agreement..................................................................................................................... 47
3 Format and Guidelines for Notification
Procedures for Technical Regulations and Conformity Assessment Procedures........................................................................... 50
3.1
Recommendation of the Committee on Coherent Use of Notification Formats................ 50
3.2
Format and Guidelines for New Notification (of draft technical regulations and
conformity assessment procedures).............................................................................................................................. 51
3.3
Format for Addenda.......................................................................................................... 55
3.4
Format for Corrigenda....................................................................................................... 56
3.5
Format for Revision........................................................................................................... 57
3.6
Format for Supplements (Unofficial Translations)............................................................. 58
4 Notification Format Under Article 10.7.............................................................. 60
5 Booklets on Enquiry Points..................................................................................... 61
5.1
Objective, name, address, telephone number, fax number, and e-mail and Internet
addresses, if available, of WTO TBT enquiry point(s)...................................................................................................... 61
5.2
Who can use the enquiry point(s)..................................................................................... 61
5.3
Information available from enquiry point(s)...................................................................... 61
5.4
Facilities offered (including charges, if any)...................................................................... 61
6 Format for the Voluntary Notification of
Specific Technical Assistance Needs or Responses............................................................................................................................. 62
7 Format for notifications related to the code of
good practice for the preparation, adoption and application of standards
contained in annex 3 of the WTO TBT Agreement................................................................................................................................................. 64
7.1
Notification of acceptance of the WTO TBT Code of Good Practice (Paragraph C)
to the WTO Secretariat.................................................................................................................................................. 64
7.2
Notification of acceptance and of existence of work programme under the WTO TBT
Code of Good Practice (Paragraph C and J) to the ISO/IEC Information Centre............................................................. 65
Part 2: Rules of Procedure for the Meetings of the WTO
Committee on Technical Barriers to Trade and Guidelines for Observer Status for
Governments and International Intergovernmental Organizations............................................................................. 68
Annex A..................................................................................................................................... 73
Annex B..................................................................................................................................... 74
1.1. Good Regulatory Practice (GRP) can contribute to the improved and
effective implementation of the substantive obligations under the TBT
Agreement. Effective implementation through best practices is seen as an
important means of avoiding unnecessary obstacles to trade. Institutionalizing
the various mechanisms, processes and procedures of GRP through laws,
regulations and guidance, as well as through the creation and designation of
institutions within Member governments to oversee regulatory processes, is seen
as a means of giving effect to GRP. Effective internal policy coordination,
including among regulators, standardizing bodies and trade officials
implementing the TBT Agreement, is stressed. Additionally, regulatory
cooperation between Members is an effective means of disseminating GRP.[2]
Recommendation
a. In 1997, in order to assist the implementation of the relevant
provisions of the Agreement, the Committee agreed to the following[3]:
i.
when considering
the preparation of a technical regulation, it is important for Members first to
identify the related problem, including its magnitude and the legitimate
objective; and then consider all options available consistent with the
Agreement, bearing in mind that in accordance with Articles 2.2 and 2.3 a
technical regulation shall not be more trade restrictive than necessary to
fulfil a legitimate objective, and shall not be maintained if the circumstances
or objectives giving rise to its adoption no long exist or if the changed
circumstances or objectives can be addressed in a less trade-restrictive
manner. If a technical regulation is required, it shall comply with the
relevant provisions of the Agreement, including Articles 12.3 and 12.7;
ii. to avoid duplication of work and to ensure effective implementation
of the Agreement, coordination between governmental regulatory authorities,
trade officials and national standardizing bodies is essential.
b. In 2009, with the purpose of enabling Members to ensure improved
compliance with the obligations set out in the TBT Agreement in the preparation
of technical regulations and conformity assessment procedures, the Committee
agreed[4]:
i.
to compile a list
of guidelines for GRP taking into account Members' experiences and existing
relevant work of other organizations;
ii. to prepare an illustrative list of mechanisms used for the
implementation of GRP based on contributions from Members including, for
instance, mechanisms used for: public consultation; use of RIA tools; use of
performance-based regulations; use of relevant international standards, guides
or recommendations as a basis for technical regulations and conformity
assessment procedures; and methods of referencing standards in regulations; and
iii. to continue to share views and experiences on aspects of regulatory
coordination and administrative mechanisms to facilitate internal coordination
between competent authorities, including between trade policy and regulatory
authorities, and interested parties.
c. In 2012, with a view of furthering its work in the area of GRP, the
Committee agreed[5]:
i.
to identify a
non-exhaustive list of voluntary mechanisms and related principles of GRP and
to guide Members in the efficient and effective implementation of the TBT Agreement
across the regulatory lifecycle, including, but not limited to, the following
areas:
-
transparency and
public consultation mechanisms;
-
mechanisms for
assessing policy options, including the need to regulate (e.g. how to evaluate
the impact of alternatives through an evidence-based process, including through
the use of regulatory impact assessment (RIA) tools);
-
internal
(domestic) coordination mechanisms;
-
approaches to
minimizing burdens on economic operators (e.g. how to implement mechanisms that
ensure reflection of the TBT Agreement's substantive obligations in the design
and development of regulations);
-
implementation
and enforcement mechanisms (e.g. how to provide practical, timely and
informative guidance needed for compliance);
-
mechanisms for
review of existing technical regulations and conformity assessment procedures
(e.g. how to evaluate the effectiveness and continued adequacy of existing
measures, including with a view to assessing the need for amendment,
simplification or possible repeal); and,
-
mechanisms for
taking account of the special development, financial and trade needs of
developing Members in the preparation and application of measures, with a view
to ensuring that they do not create unnecessary obstacles to exports from
developing Members.
Recommendations
a. Since the entry into force of the Agreement, the Committee has
engaged in an in-depth exchange of experiences on various aspects of GRP in
order to foster a common understanding of the issues involved.[6] In
1997 and in 2000, in order to assist the implementation of the relevant
provisions of the Agreement, the Committee agreed[7]:
i.
to invite
Members, on a voluntary basis, to submit descriptions of their approach to
technical regulations; and
ii. to examine the various approaches to the preparation, adoption and
application of technical regulations and their consequences for market access,
with a view to assisting regulatory authorities through promoting awareness of
their rights and obligations under the Agreement.
b. In 2003, noting that the issue of GRP is important, evolving, and
worthy of further discussion in the TBT Committee, to further its work on GRP,
the Committee agreed[8]:
i.
to invite Members
to exchange experiences related to the identification of elements of GRP at the
domestic level;
ii. to continue its exchanges on Members' experiences and focus its
discussion on, inter alia, choice of policy
instruments, mandatory versus voluntary measures, and the use of regulatory
impact assessments to facilitate GRP; and
iii. to initiate a process of sharing experiences on equivalency in the
Committee particularly with regard to how the concept is implemented in
practice.
c. In 2006, with a view to deepening understanding of the contribution
GRP can make to the implementation of the TBT Agreement, the Committee agreed
to share experiences on[9]:
i.
factors used by
regulators to determine whether there is a need to regulate in a given
situation or whether other instruments are better suited to fulfil the
legitimate objective sought;
ii. the use of tools, such as regulatory impact assessment, to assist
regulatory decision-making (including with respect to (i) above);
iii. the use of performance-based regulations by Members;
iv. how GRP have been integrated into Members' regulatory structures,
including the use of mechanisms to ensure openness, transparency and
accountability of the regulatory processes;
v. the establishment of domestic administrative mechanisms to
facilitate cooperation and coordination between competent authorities and
co-ordination with other stakeholders;
vi. how regulatory cooperation[10]
between Members has contributed to the avoidance of unnecessary regulatory
differences; and
vii. steps taken and criteria used to arrive at an equivalency decision
between Members (Article 2.7), or harmonization on the basis of international
standards (Article 2.6).
d.
In 2009, in order
to further enhance information on regulatory cooperation between Members, the
Committee agreed[11]:
i.
to exchange
information on the different approaches to
regulatory cooperation between Members that aim at, inter alia,
enhancing mutual understanding of regulatory systems and identifying, where
possible, avenues for greater regulatory convergence; and
ii. to hold a workshop on regulatory cooperation.
Events
a.
On 18-19 March
2008, with a view to advancing its work on GRP, the Committee held a Workshop
on GRP, which addressed, among other topics, regulatory impact assessment.[12]
b.
On 8-9 November
2011, recognizing the benefits of regulatory co-operation for the dissemination
of GRP, the Committee held a Workshop on regulatory co-operation between
Members.[13]
c.
On 5 March 2013,
the Committee held a Thematic Session on GRP.[14]
d.
On 17 June 2013 the Committee held a second
Thematic Session on GRP.[15]
e.
On 18 March 2014,
the Committee held a third Thematic Session on GRP.[16]
2.1. Five articles of the TBT Agreement address conformity assessment
procedures, and establish obligations of a substantive and procedural nature.
Articles 5 and 6 contain disciplines applying to central government bodies.
Articles 7, 8 and 9 relate to conformity assessment procedures of local
government bodies, non-governmental bodies and international and regional
systems. The definition of a conformity assessment procedure is contained in
Annex 1, Paragraph 3 of the Agreement.
Recommendations
a. In 1997, in order to further the objectives of Articles 5 and 6,
including in particular the need to avoid the creation of unnecessary obstacles
to international trade due to conformity assessment procedures, and with a view
to making recommendations to remove any unnecessary duplication of conformity
assessment, the Committee agreed to the following[17]:
i.
the Committee
will pursue further discussions on ISO/IEC Guides. Members are invited, on a
voluntary basis, to continue providing information on their experience in using
relevant international guides and recommendations on conformity assessment, and
the extent to which these guides and recommendations have served as a basis for
the recognition of conformity assessment procedures adopted by bodies in their
territories and in regional and international conformity assessment systems, or
as a harmonized approach to conformity assessment. In the light of this
exercise, the Committee will consider ways and means for better implementation
of Articles 5
and 6;
ii. for transparency purposes and to support the work of the Committee,
a list of relevant international guides and recommendations related to
conformity assessment procedures will be consolidated, circulated and updated
regularly by the Secretariat for the information of Members;
iii. the Committee will review the role of regional and international
systems for conformity assessment as covered by Article 9 and how these systems
could contribute to solving the problems of multiple testing and certification/registration
for traders and industries, including in particular small and medium size
enterprises. This exercise will also address the extent to which international
guides and recommendations contribute to the establishment of these systems, and
the possible technical assistance needed for developing countries to develop
operational conformity assessment procedures within the context of Articles
11.6, 11.7 and 12.5; and
iv. the Committee will review the operation of Articles 6, 10.7 and
other relevant provisions which contain disciplines with respect to recognition
of the results of conformity assessment procedures. In this regard, Members are
invited, on a voluntary basis, to exchange information. The review will also
address the possible difficulties and problems associated with MRAs. In the
light of this exercise, the Committee may consider the usefulness of drafting
guidelines, inter alia for MRAs.
b. In 2000, the Committee developed an indicative list describing
different approaches to facilitate acceptance of results of conformity
assessment. This list is contained in Annex 1 (on
page 45 of this document). The Committee noted the following in respect of this
list[18]:
i.
the list was not
intended to prescribe particular approaches that Members might choose to adopt
as it was recognized that the application of different approaches would depend
on the situation of Members and the specific sectors involved; and
ii. governments and non-governmental bodies might choose to apply
different approaches across different sectors, or apply more than one procedure
within individual sectors, taking into account variations in procedures in
different Members and perceived levels of risk in the acceptance of results in
different sectors.
c. In 2009 the Committee agreed[19]:
i.
to continue to
exchange information on different approaches to facilitating acceptance of
conformity assessment results;
ii. to exchange information on the criteria, methods of analysis and
concepts used by Members to inform their evaluation of the range of choices in
conformity assessment procedures, including in the context of a risk management
framework;
iii. based on these exchanges, and those referred to on page 6 of this
document (I.B.(e), above), to initiate work on developing
practical guidelines on how to choose and design efficient and effective
mechanisms aimed at strengthening the implementation of the TBT Agreement,
including the facilitation of acceptance of conformity assessment results (inter alia MRAs, equivalence agreements and
Supplier's Declaration of Conformity (SDoC)); and
iv. to consider, in light of the above work, the need to build on the
current "Indicative List of Approaches to Facilitate the Acceptance of the
Results of Conformity Assessment".
d. In 2012, in order to initiate work on developing practical guidance
on the choice and design of mechanisms aimed at strengthening the
implementation of the TBT Agreement, including the facilitation of acceptance
of conformity assessment results, the Committee agreed to organize its work in
three thematic areas[20]:
i.
Approaches to
conformity assessment. With respect to the choice and design of conformity
assessment procedures, Members will exchange information on criteria and
methods of analysis used to inform their evaluation of the range of choices in
conformity assessment procedures. This exchange may include, for instance, how
the assessment and management of risk affects the choice of conformity
assessment procedure, and how Members' approach to market surveillance may affect
this choice. A possible output of this work could be the development of an
illustrative list of principles to guide the selection of conformity assessment
procedures;
ii. Use of relevant international standards, guides or recommendations.
Members will exchange information on how they use relevant existing
international standards, guides or recommendations, or the relevant parts of
them, as a basis for their conformity assessment procedures. To this end,
relevant bodies involved in the development of such instruments may be invited
to inform the Committee of the current status of their work; and,
iii. Facilitating the recognition of conformity assessment results.
Building on the "Indicative List" (Second Triennial Review), Members
will continue their exchange of information on approaches that may facilitate
the acceptance of conformity assessment results. For instance, Members may
explore how international and regional systems for conformity assessment (e.g.
regional and intergovernmental initiatives, voluntary cooperation arrangements
between accreditation bodies, and voluntary cooperation arrangements between
conformity assessment bodies) can contribute to building globally robust and
trade facilitative schemes (as envisaged under Article 9 of the TBT Agreement).
To this end, relevant bodies involved in the development of such instruments
may be invited to inform the Committee of the current status of their work.
Recommendations
a. The Committee has regularly engaged in information exchange on the
use of conformity assessment procedures with a view to improving Members'
implementation and understanding of Articles 5-9.[21]
b. In 1997, in order to further the objectives of Articles 5 and 6,
including in particular the need to avoid the creation of unnecessary obstacles
to international trade due to conformity assessment procedures, and with a view
to making recommendations to remove any unnecessary duplication of conformity
assessment, the Committee agreed to invite Members, on a voluntary basis:
i.
to exchange
information on their experience in the various types of conformity assessment
procedures and their conditions of application. In the light of this exercise,
the Committee will consider making recommendations aimed at ensuring that
procedures for the assessment of conformity avoid the creation of unnecessary
obstacles to international trade[22];
and
ii. to exchange information on the operation of Articles 6, 10.7
(II.A.(a)(iv), above) and other relevant provisions which contain disciplines
with respect to recognition of the results of conformity assessment procedures.[23]
c. In 2000, the Committee agreed to invite Members, on a voluntary
basis:
i.
to supply further
information on the different mechanisms used in their jurisdiction for
acceptance of results of conformity assessment and further discuss the
different approaches with a view to analysing them in the light of Articles 5
and 6[24];
ii. to further exchange information on their experience in the use of
supplier's declaration of conformity (SDoC). Such experience could include the
following: an indication
of the sectors/product categories where supplier's declaration of conformity is
used in relation to technical regulations and standards; a further definition of the conditions supporting
effective use of such an approach and the costs of these conditions;
considerations that may deem such an approach inappropriate from a regulatory
perspective; and an identification of technical infrastructure to support
reliance on this approach.[25]
d. In 2003, with a view to improving Members' implementation of
Articles 5-9 of the Agreement and promoting a better understanding of Members'
conformity assessment systems, the Committee agreed to a work programme[26]:
i.
to exchange
information and experiences on existing conformity assessment procedures and
practices, the use of relevant international standards, guides and
recommendations, and the participation of Members in national, regional and
international accreditation schemes;
ii. to exchange information and experiences and hold a workshop on SDoC
covering issues such as: the regulatory authorities, sectors and suppliers
which use SDoC; the surveillance mechanism, liability law and penalties used to
ensure that products comply with requirements; the incentives for suppliers to
comply with requirements; and the legislation that underpins the relationship
between buyers and sellers;
iii. to invite representatives from relevant international and regional
accreditation fora to provide information on their operation and the
participation of Members, in particular, developing country Members, in their
systems. Moreover, users, such as certification bodies, should also be invited
to share their experiences in this respect;
iv. to hold a workshop on the different approaches to conformity
assessment, including on the acceptance of conformity assessment results; and
v. to take stock of the progress made on this Work Programme and
reflect it in its Annual Report to the Council for Trade in Goods.
e. In 2006, with a view to furthering the understanding of the
implementation of Articles 5‑9 of the Agreement, the Committee agreed to
continue sharing experiences on[27]:
i.
approaches to
conformity assessment, and in particular on:
-
various
considerations that are relevant when deciding on the need for a conformity
assessment procedure and on the type of procedure, including the level of risk
associated with products;
-
the use of
different types of conformity assessment procedures;
-
the design and
implementation of SDoC and situations for which SDoC may be a suitable
conformity assessment procedure; and
-
the use of
accreditation to qualify the technical competence of conformity assessment
bodies.
ii. the use of international standards, guides or recommendations in
Members' domestic conformity assessment procedures;
iii. recognition of conformity assessment results, and in particular on:
-
unilateral
recognition of results of foreign conformity assessment, including on existing
government designation schemes in relation to Article 6.1.2;
-
the participation
of foreign conformity assessment bodies in domestic conformity assessment
procedures pursuant to Article 6.4;
-
the operation of
existing MRAs, including cases where implementation has not been deemed
satisfactory; and their cost-effectiveness; and
-
voluntary mutual
recognition arrangements and on the extent to which results of conformity
assessment are accepted by regulators.
Events
a.
A Symposium on
Conformity Assessment Procedures was held on 8‑9 June 1999.[28]
b.
A Special Meeting
dedicated to Conformity Assessment Procedures was held on
29 June 2004.[29]
c.
A Workshop on
Supplier's Declaration of Conformity (SDoC) was held on
21 March 2005.[30]
d.
A Workshop on the
Different Approaches to Conformity Assessment, including on the Acceptance of
Conformity Assessment Results, was held on 16-17 March 2006.[31]
e.
A Thematic
Session on Conformity Assessment Procedures took place on
29 October 2013.[32]
f.
A Thematic
Session on Conformity Assessment Procedures took place on
4 November 2014.[33]
3.1. The provisions concerning the preparation, adoption and application
of standards are contained in Article 4 of the TBT Agreement and in the Code of
Good Practice for the Preparation, Adoption and Application of Standards (the
"Code of Good Practice"). In addition, Articles 2.4, 2.5, 5.4, and
Paragraph F of Annex 3 of the Agreement promote the use of relevant
international standards, guides and recommendations as a basis for standards,
technical regulations and conformity assessment procedures. Articles 2.6, 5.5
and Paragraph G of Annex 3 emphasize the importance of Members' participation
in international standardization activities related to products for which they
have either adopted, or expect to adopt, technical regulations.[34]
3.2. In 2000, at the Second Triennial Review of the Agreement, the
Committee noted that in order for international standards to make a maximum
contribution to the achievement of the trade facilitating objectives of the
Agreement, it was important that all Members had the opportunity to participate
in the elaboration and adoption of international standards. Adverse trade
effects might arise from standards emanating from international bodies as
defined in the Agreement which had no procedures for soliciting input from a
wide range of interests. Bodies operating with open, impartial and transparent
procedures, that afforded an opportunity for consensus among all interested
parties in the territories of at least all Members, were seen as more likely to
develop standards which were effective and relevant on a global basis and would
thereby contribute to the goal of the Agreement to prevent unnecessary
obstacles to trade. In order to improve the quality of international standards
and to ensure the effective application of the Agreement, the Committee agreed
that there was a need to develop principles concerning transparency, openness,
impartiality and consensus, relevance and effectiveness, coherence and
developing country interests that would clarify and strengthen the concept of
international standards under the Agreement and contribute to the advancement
of its objectives. In this regard, the Committee adopted a Decision containing
a set of principles it considered important for international standards
development.[35] These principles were seen
as equally relevant to the preparation of international standards, guides and
recommendations for conformity assessment procedures. The dissemination of such
principles by Members and standardizing bodies in their territories would
encourage the various international bodies to clarify and strengthen their
rules and procedures on standards development, thus further contributing to the
advancement of the objectives of the Agreement.[36]
Decision
a.
In 2000, the
Committee adopted a Decision on Principles for the Development of International
Standards, Guides and Recommendations with Relation to Articles 2, 5 and Annex
3 of the TBT Agreement. This Decision is contained in Annex 2 (on page 47 of
this document)[37].
Recommendations
a. In 1995, the Committee noted that the Agreement contains a number of
provisions on regional standardizing bodies and systems for conformity
assessment. In order to keep abreast of the activities of such bodies and
systems, the Committee agreed[38]:
i.
that
representatives of regional standardizing bodies and systems for conformity
assessment may be invited to address the Committee on their procedures and how
they relate to those embodied in the Agreement, on the basis of agreed lists of
questions.
b.
In 1997, with a
view to developing a better understanding of international standards within the
Agreement, the Committee agreed[39]:
i.
to explore ways
and means of improving the implementation of Articles 2.6, 5.5, 11.2, 12.5 and
paragraph G of the Code with a view to enhancing Members' awareness of, and
participation in, the work of international standardizing bodies. As
appropriate, the Committee will consider the usefulness of communicating its
views to the relevant international standardizing bodies for their
consideration;
c.
In 2006, with
regard to the acceptance of the Code of Good Practice by regional standardizing
bodies, the Committee agreed[40]:
i.
to encourage
regional standardizing bodies to accept the Code of Good Practice and to notify
their acceptance of the Code to the ISO/IEC Information Centre.
d.
In 2009, the
Committee recognized the need for international standards to be relevant and
effectively respond to regulatory and market needs, as well as scientific and
technological developments, while not creating unnecessary obstacles to
international trade. In light of the above, the Committee[41]:
i.
encouraged
Members, Observer organizations and relevant bodies involved in the development
of standards to exchange experiences and circulate case studies – or other
research – on the impacts of standards on economic development and
international trade;
ii.
stressed the
importance of ensuring the effective application of the Code of Good Practice
for the Preparation, Adoption and Application of Standards (Annex 3 of the TBT
Agreement); and
iii.
encouraged the
full application of the six principles set out in the above-mentioned Decision,
and the sharing of experiences in respect of their use.
e.
In 2009, the
Committee noted that several Members had raised concerns regarding
"private standards" and trade impacts thereof, including actual or
potential unnecessary barriers to trade. The Committee also noted that other
Members considered that the term lacks clarity and that its relevance to the
implementation of the TBT Agreement had not been established. Without prejudice
to the different views expressed, the Committee recalled that Article 4.1 of
the TBT Agreement requires that Members shall take such reasonable measures as
may be available to them to ensure that standardizing bodies accept and comply
with the Code of Good Practice. The Committee further expressed the need to
strengthen implementation of Article 4. In view of this, the Committee[42]:
i.
recalled its
discussion in the Third Triennial Review[43] regarding standards
developed by bodies that are not commonly considered standardizing bodies;
ii.
reiterated its
1997 invitation to Members to share their experiences with respect to steps
taken to fulfil their obligations under Article 4, and to exchange information
regarding the reasons some standardizing bodies have not yet accepted the Code
of Good Practice[44]; and
iii.
with a view to
facilitating an informed discussion on the development and use of standards in
general, including with regard to standards developed by non-governmental
bodies, Members were invited to share their experiences related to the
implementation of the TBT Agreement, including the Code of Good Practice.
Discussions would neither prejudge the role of the TBT Committee nor the scope
of the TBT Agreement with respect to any issue that may arise.
3.2 Information Exchange
Recommendations
a.
In 1997, the
Committee agreed to seek information from international standardizing bodies
regarding their procedures to ensure cooperation with their national members
and regional standardizing bodies and to consider the usefulness of
communicating the Committee's views to the relevant international standardizing
bodies.[45] Also, with a view to
developing a better understanding of international standards within the
Agreement, the Committee agreed[46]:
i.
to invite
Members, on a voluntary basis, to submit specific examples to the Committee
addressing the difficulties and problems they encounter in relation to
international standards, including those mentioned in paragraph 18 above,
taking into account Article 12.4. This information exchange process, as well as
the indications obtained through the notifications of draft regulations and
conformity assessment procedures, would provide relevant information on the
national practices of Members, and on the manner in which international
standardizing bodies developed standards. In the light of this experience
sharing exercise, the Committee may consider the usefulness of communicating
its views to relevant international standardizing bodies for their
consideration;
ii.
to consider the
appropriate means for the Committee to express its views to relevant
international standardizing bodies regarding the preparation of international
standards, and to invite international standardizing bodies to follow the
relevant principles of the Code of Good Practice; and
iii.
in accordance
with the rules of procedures of the Committee and on an ad hoc basis as agreed,
relevant international standardizing bodies will be invited to meetings of the
Committee to enable them to take into account the on-going discussions in the
WTO, and to increase Members' awareness of the activities of these
organizations. Relevant international standardizing bodies will be invited to
provide prior information concerning their activities.
b.
In 2009, the
Committee recognized the advances made in increasing meaningful participation
by developing country Members in standardizing activities in areas of interest
to them, but noted that for many developing country Members challenges remain,
both financially and technically. In view of achieving further progress, the
Committee[47]:
i.
encouraged
Members, Observer organizations and relevant bodies involved in the development
of standards, to exchange information on initiatives implemented, successes
achieved and obstacles encountered.
c.
In 2012, with a
view to furthering its work in the area of standards, the Committee agreed to
undertake work in the following three thematic areas[48]:
i.
The Code of Good
Practice
The Committee reiterates the importance of ensuring the effective
application of the Code of Good Practice for the Preparation, Adoption and
Application of Standards (Annex 3 of the TBT Agreement, hereafter the
"Code of Good Practice"), and the importance of strengthening the
implementation of Article 4 of the TBT Agreement. It is recalled that in
the context of the Fifth Triennial Review, several Members raised concerns
regarding "private standards" and the trade impact thereof, while
other Members considered that the term lacked clarity and that its relevance to
the implementation of the TBT Agreement had not been established.[49] During the review period, the Committee reverted to this discussion.
The Committee hereby reiterates the recommendations made at the Fifth Triennial
Review[50] and, in view of the need to further strengthen implementation of
Article 4, agrees:
-
to exchange
information and experiences on reasonable measures taken by Members to ensure
that local government and non-governmental standardizing bodies involved in the
development of standards within their territories, accept and comply with the
Code of Good Practice.
ii.
The "Six
Principles"
The Committee reiterates the importance of
ensuring the full application of the six principles set out in the Committee's
2000 Decision (the "Six Principles"[51]) on the development of
international standards, and the sharing of experiences in respect of their
use. In this respect, the Committee agrees:
-
to exchange
information on efforts to promote the full application of the Six Principles
set out in the 2000 Committee Decision. The Committee may also invite relevant
bodies involved in the development of international standards, guides or
recommendations to share their experiences with the use of these same
principles; and,
-
in the
deliberations on the Six Principles, to give particular attention to how the
"Development Dimension" is taken into consideration.
iii.
Transparency in
standard-setting[52]
During the review period, the Committee emphasized, in particular, the
importance of transparency in the development of standards.[53] It is recalled in this regard that several paragraphs of the Code of
Good Practice are relevant to transparency in standard-setting, including
paragraphs J through Q.[54] With respect to the development of international standards, the
Principle on Transparency contained in the 2000 Committee Decision states,
inter alia, that transparency procedures should, at a minimum, provide an
"adequate period of time for interested parties in the territory of at
least all members of the international standardizing body to make comments in
writing and take these written comments into account in the further
consideration of the standard". In light of this, the Committee agrees:
-
To exchange
information on how relevant bodies involved in the development of standards –
whether at the national, regional or international level – provide opportunity
for public comment.
Events
a.
An Information
Session of Bodies Involved in the Preparation of International Standards was
held on 19 November 1998.[55]
b.
A Workshop on the
Role of International Standards in Economic Development was held on 16-17 March
2009.[56]
c.
The Sixth Special
Meeting on Procedures for Information Exchange, held on
22 June 2010, included a session on Transparency in Standard Setting.[57]
d. A Thematic Session on Standards was held on 5 March 2013.[58]
e. A Thematic Session on Standards was held on 18 March 2014.[59]
f. A Thematic Session on Transparency, held on 17 June 2014, included a
session on Transparency in Standard Setting.[60]
4.1. The TBT Agreement contains transparency provisions in: Articles 2
and 3 (technical regulations); Articles 5, 7, 8 and 9 (conformity assessment
procedures); Annex 3, paragraphs J, L, M, N, O & P (standards); and
Articles 10 (general transparency provision) and 15 (final
provisions). A number of decisions and recommendations have been made with a
view to facilitating access to information and further improving the
implementation of transparency procedures under the Agreement.
Recommendation
a.
In 2009 and 2012,
the Committee reiterated the importance of Members fully complying with their
transparency obligations under the TBT Agreement and in particular those
related to the notification of technical regulations and conformity assessment
procedures, as required under Articles 2.9, 2.10, 5.6, 5.7 and 10.7. The
Committee stressed that transparency is a fundamental pillar in the
implementation of the TBT Agreement and a key element of GRP.[61] The Committee noted the significant stock of decisions and
recommendations that it has developed since 1995, and agreed[62]:
i.
to stress the
importance of full implementation of this existing body of decisions and
recommendations by Members.
a.
Pursuant to
Article 15.2, Members have an obligation to submit a statement on the measures
in existence or taken to ensure the implementation and administration of the
Agreement, including the provisions on transparency. Such statements, to be
made by a Member promptly after the date on which the WTO Agreement enters into
force for it, give a brief overview of how individual Members implement the
TBT Agreement. Since the establishment of the Committee, Members have emphasized
the importance of fulfilling their obligations under Article 15.2.[63]
Decision
b.
In 1995, with
respect to the contents of Article 15.2 statements, the Committee agreed[64]:
i.
the statement
should cover the legislative, regulatory and administrative action taken as a
result of the negotiation of the Agreement or currently in existence to ensure
that the provisions of the Agreement are applied. If the Agreement itself has
been incorporated into domestic law, the statement should indicate how this has
been done. In other cases, the statement should describe the content of the
relevant laws, regulations, administrative orders, etc. All necessary
references should also be provided.
ii. in addition, the statement should specify:
-
the names of the
publications used to announce that work is proceeding on draft technical
regulations or standards and procedures for assessment of conformity and those
in which the texts of technical regulations and standards or procedures for
assessment of conformity are published under Articles 2.9.1, 2.11; 3.1 (in
relation to 2.9.1 and 2.11); 5.6.1, 5.8; 7.1, 8.1 and 9.2 (in relation to 5.6.1
and 5.8); and paragraphs J, L and O of Annex 3 of the Agreement;
-
the expected
length of time allowed for presentation of comments in writing on technical
regulations, standards or procedures for assessment of conformity under
Articles 2.9.4 and 2.10.3; 3.1 (in relation to 2.9.4 and 2.10.3); 5.6.4 and
5.7.3; 7.1, 8.1 and 9.2 (in relation to 5.6.4 and 5.7.3); and paragraph L of
Annex 3 of the Agreement;
-
the name and
address of the enquiry point(s) foreseen in Articles 10.1 and 10.3 of the
Agreement with an indication as to whether it is/they are fully operational; if
for legal or administrative reasons more than one enquiry point is established,
complete and unambiguous information on the scope of responsibilities of each
of them;
-
the name and
address of any other agencies that have specific functions under the Agreement,
including those foreseen in Articles 10.10 and 10.11 of the Agreement; and
-
measures and
arrangements to ensure that national and sub-national authorities preparing new
technical regulations or procedures for assessment of conformity, or
substantial amendments to existing ones, provide early information on their
proposals in order to enable the Member in question to fulfil its obligations
on notifications under Articles 2.9, 2.10, 3.2, 5.6, 5.7 and 7.2 of the
Agreement.
Recommendations
a.
In 1997, in order
to ensure the submission of statements under Article 15.2 and to improve the
implementation and administration of the Agreement, the Committee agreed[65]:
i.
with due
consideration to the obligations under Article 15.2 to inform the Committee of
measures in existence or taken to ensure the implementation and administration
of the Agreement, Members who have not submitted such information are expected
to do so without further delay. They are invited to indicate any difficulties
and needs in this respect, so that technical assistance may be provided as
appropriate;
ii. for the purpose of information exchange, Members are invited, on a
voluntary basis, to make oral presentations to further elaborate on the
arrangements they have in place to achieve an effective implementation and
administration of the provisions of the Agreement, including those under
Article 12. This exercise would be a useful means of sharing information with
respect to good practices and in meeting the needs of those Members that may be
seeking assistance.
b. In 2000, the Committee agreed[66]:
i.
to encourage
Members to continue sharing their experiences on the arrangements they had in
place to achieve an effective implementation and administration of the
provisions of the Agreement.
c. In 2003, in order to assist Members in meeting their obligations
under Articles 15.2 and 10.1, the Committee[67]:
i.
invited Members
to seek assistance from other Members that had met their 15.2 obligations to
share their knowledge and experience in this regard.
Documents
a.
Members'
Statements on Implementation and Administration of the Agreement are contained
in the G/TBT/2/Add - series.[68]
b. A list of Members having submitted their 15.2 Statements is
maintained in the G/TBT/GEN/1/ - series.
Event
a.
On 8 November
2007, the WTO Secretariat organized a Workshop on the Statement on
Implementation and Administration of the TBT Agreement under Article 15.2.[69]
4.2. Articles 2, 3, 5, and 7 of the TBT Agreement contain the
notification obligations related to technical regulations and conformity
assessment procedures. In addition, the TBT Committee has put in place detailed
procedures for the implementation of these provisions (set out below), which
have been refined over the years. The importance of fulfilling notification
provisions has been regularly reiterated by the TBT Committee, as notifications
can make an important contribution towards avoiding unnecessary obstacles to
trade and provide Members with the opportunity to influence the development of
technical requirements of other Members.
4.3. Article 2.9 of the TBT Agreement provides that Members have an
obligation to notify a proposed technical regulation whenever a relevant
international standard does not exist or when the technical content of the
proposed technical regulation is not in accordance with the technical content
of relevant international standards and if the technical regulation may have a
significant effect on trade of other Members. Similarly, Article 5.6 of the TBT
Agreement provides that Members have an obligation to notify a proposed
conformity assessment procedure whenever a relevant international guide or
recommendation issued by international standardizing bodies does not exist or
the technical content of the proposed conformity assessment procedure is not in
accordance with relevant international guides or recommendations issued by
international standardizing bodies and if the conformity assessment procedure
may have a significant effect on trade of other Members.
Recommendation
a.
In 2009, based on
experience shared between Members on the implementation of notification
obligations, the Committee agreed[70]:
i.
to reiterate the
importance of ensuring that Members comply fully with the notification
requirements in Articles 2.9 and 5.6 of the TBT Agreement
ii.
to encourage
Members to endeavour to submit those notifications at an early stage, when
measures are still in draft form, to ensure time and adequate opportunity for
comments, for comments to be taken into account and for proposed measures to be
modified; and
iii.
to reaffirm the
importance of establishing mechanisms to facilitate internal coordination for
the effective implementation of the TBT Agreement's notifications obligations.
Recommendation
a.
In 1995, with a
view to ensuring a consistent approach to the selection of proposed technical
regulations and procedures for assessment of conformity to be notified, the
Committee established the following criteria[71]:
i.
for the purposes
of Articles 2.9 and 5.6, the concept of "significant effect on trade of
other Members" may refer to the effect on trade:
-
of one technical
regulation or procedure for assessment of conformity only, or of various
technical regulations or procedures for assessment of conformity in
combination;
-
in a specific
product, group of products or products in general; and
-
between two or
more Members.
ii.
when assessing
the significance of the effect on trade of technical regulations, the Member
concerned should take into consideration such elements as:
-
the value or
other importance of imports in respect of the importing and/or exporting
Members concerned, whether from other Members individually or collectively;
-
the potential
growth of such imports; and
-
difficulties for
producers in other Members to comply with the proposed technical regulations.
iii.
the concept of a
significant effect on trade of other Members should include both
import-enhancing and import-reducing effects on the trade of other Members, as
long as such effects are significant.
b.
In 2012, with a
view to enhancing the practical application of the concept of "significant
effect on trade of other Members", the Committee agreed[72]:
i.
to encourage
Members, for the purpose of enhancing predictability and transparency in
situations where it is difficult to establish or foresee whether a draft
technical regulation or conformity assessment procedure may have a
"significant effect on trade of other Members", to notify such
measures.
Recommendation
a.
In 1995, the
Committee agreed that when implementing the provisions of Articles 2.9.2, 3.2
(in relation to Article 2.9.2), 5.6.2 and 7.2 (in relation to Article 5.6.2), a
notification should be made when a draft with the complete text of a proposed
technical regulation or procedures for assessment of conformity is available
and when amendments can still be introduced and taken into account. [73]
Decisions
a.
The agreed
version of the Guidelines and Format is contained in Annex 3.2 (on page 51 of
this document).[74]
b.
In 2000, the
Committee noted that enhancement of Internet usage can facilitate access to and
exchange of information by Members. This would also facilitate and provide the
maximum time possible for receiving notifications, obtaining and translating of
relevant documents, and the presentation of comments. With a view to facilitating
access to information by Members, as well as to strengthen the notification
process, including the time needed for the publication and circulation of
notification by the Secretariat, the Committee agreed[75]:
i.
whenever possible
Members should file notifications by downloading, filling out and returning the
complete form by e-mail to the Secretariat. The Committee will continue to
explore ways to shorten the time for the submission, publication and
circulation of notifications, as well as to examine the steps that would be
needed to facilitate the electronic transmission of information among Members
to complement the hard copy information exchange.[76]
Recommendations
a. In 1995, the Committee recommended that information contained in the
notification form should be as complete as possible and no section should be
left blank. Where necessary, "not known" or "not stated"
should be indicated.[77]
b.
In 2000, the
Committee requested that Members transmit their notifications to the
Secretariat electronically via the Central Registry of Notifications (CRN) at
crn@wto.org in order to accelerate their processing.[78]
c.
In 2003, with
regard to the electronic transmission of information on proposed standards,
technical regulations and conformity assessment procedures, the Committee
agreed[79]:
i.
to examine the
feasibility of creating a central depository for notifications on the WTO
website, which would enable Members to complete notification forms on line.
This would complement, not replace, the submission of notifications to the CRN.
d.
In 2009, the
Committee noted that, in practice, for the sake of greater transparency, some
Members choose to notify draft measures when they are in accordance with
relevant international standards, guides or recommendations. With a view to
increasing transparency on the use of international standards, the Committee
agreed[80]:
i.
to encourage
Members, whenever possible and on a voluntary basis to indicate in Box 8 of the
notification format whether or not they consider that a relevant international
standard exists and, if appropriate, to provide information about deviations;
and
ii.
to note the
provisions contained in Articles 2.9.3 and 5.6.3 of the TBT Agreement stating
that Members, upon request, provide other Members with particulars or copies of
a proposed technical regulation or conformity assessment procedure and,
whenever possible, identify the parts which, in substance, deviate from
relevant international standards or from relevant guides and recommendations
issued by international standardizing bodies.
e.
In 2012, with
respect to the online submission of notifications, the Committee agreed[81]:
i.
to request the
rapid development of a TBT on-line Notification Submission System (TBT NSS) to
foster more expedient processing and circulation of notifications by the Secretariat.[82]
f.
In 2014, with a
view to facilitating the traceability of information pertaining to a given
notification (e.g. amendments, availability of the adopted text, entry into
force), and avoiding confusion between new notifications and previously notified
measures, the Committee agreed[83]:
i.
to a recommendation
on the coherent use of notification formats (new notification, addenda,
corrigenda, revision and supplement).
Documents
a. Notifications under Article 2, 3, 5, and 7 are circulated in the
document series G/TBT/N/[Member]/[Number].
Decision
a.
In 1995, with the
purpose of clarifying the coverage of the Agreement with respect to labelling
requirements, the Committee took the following decision[84]:
i.
In conformity
with Article 2.9 of the Agreement, Members are obliged to notify all
mandatory labelling requirements that are not based substantially on a relevant
international standard and that may have a significant effect on the trade of
other Members. That obligation is not dependent upon the kind of information
which is provided on the label, whether it is in the nature of a technical
specification or not.
Event
a.
On 21-22 October
2003, with the objective of improving Members' understanding of the
preparation, adoption and application of labelling requirements in the context
of the implementation of the Agreement, as well as of the impact of such
requirements on market access, the Committee held a Learning Event on
Labelling, which focused on developing country Members' concerns.[85]
Recommendations
a.
In 2006, with
regard to the notification of proposed technical regulations and conformity
assessment procedures of local governments at the level directly below that of
the central government, the Committee agreed[86]:
i.
to invite Members
to indicate the local government bodies in their jurisdiction that are subject
to the notification obligations contained in Articles 3.2 and 7.2.
b.
In 2009, the
Committee noted, despite an increase in the number of measures notified under
Articles 3.2 and 7.2, that this level remained generally low. In light of this,
the Committee agreed[87]:
i.
to recommend that
Members continue to discuss possible ways to improve coordination between
relevant authorities at the central level and the local level directly below
the central level with respect to notifications under Articles 3.2 and 7.2,
including through dissemination of good practices; and
ii.
to request the
Secretariat to remain engaged in providing statistical information with respect
to Articles 3.2 and 7.2.
c.
In 2012, the
Committee agreed[88]:
i.
to reaffirm the
importance of establishing mechanisms to facilitate internal coordination for
the effective implementation of the TBT Agreement's notification obligations,
including with respect to the notification of measures in line with Articles
3.2 and 7.2.[89]
Recommendations
a. In 2000 and 2003, with respect to time limits for presentation of
comments on notified technical regulations and procedures for assessment of
conformity, the Committee agreed:
i.
the normal time
limit for comments on notifications should be 60 days. Any Member which is able
to provide a time limit beyond 60 days, such as 90 days, is encouraged to do so
and should indicate this in the notification.[90]
ii. in order to improve the ability of developing country Members to
comment on notifications, and consistent with the principle of special and
differential treatment, developed country Members are encouraged to provide
more than a 60-day comment period.[91]
b. In 2009, the Committee agreed[92]:
i.
to recall its
earlier recommendation that the normal time limit for the presentation of
comments should be at least 60 days, and its encouragement to Members to
provide, whenever possible, a time limit beyond 60 days, such as 90 days;
ii. to recall that developed country Members are encouraged to provide
more than a
60-day comment period, to improve the ability of developing country Members to
make comments on notifications consistent with the principle of special and
differential treatment; and
iii. to reiterate that an insufficient period of time for presentation of
comments on proposed technical regulations and conformity assessment may
prevent Members from adequately exercising their right to submit comments.
Recommendations
a. In 1995, in order to improve the handling of comments on proposed
technical regulations and procedures for assessment of conformity submitted
under Articles 2.9.4, 2.10.3, 3.1 (in relation to 2.9.4 and 2.10.3), 5.6.4,
5.7.3 and 7.1 (in relation to 5.6.4 and 5.7.3) of the Agreement, the Committee
agreed on the following procedures[93]:
i.
each Member
should notify the WTO Secretariat of the authority or agency (e.g. its enquiry
point) which it has designated to be in charge of handling of comments
received; and
ii. a Member receiving comments through the designated body should
without further request:
-
acknowledge the
receipt of such comments;
-
explain within a
reasonable time to any Member from which it has received comments, how it will
proceed in order to take these comments into account and, where appropriate,
provide additional relevant information on the proposed technical regulations
or procedures for assessment of conformity concerned; and
-
provide to any
Member from which it has received comments, a copy of the corresponding
technical regulations or procedures for assessment of conformity as adopted or
information that no corresponding technical regulations or procedures for
assessment of conformity will be adopted for the time being.
b. In 2003, the Committee agreed[94]:
i.
to invite Members
to formulate their requests to enquiry points, on comment periods or on any
other matter, in one of the three official languages of the WTO;
ii. to encourage Members to voluntarily respond to comments in writing
if so requested, and to share their responses with the TBT Committee. Members
are also encouraged to draft their responses in one of the three official
languages of the WTO;
iii. to invite Members, on a voluntary basis, to disseminate their
comments and responses by means of national websites and to draw the
Committee's attention to these.
c. In 2006, with a view to facilitating the implementation of
transparency procedures under the Agreement, the Committee agreed[95]:
i.
to encourage
Members to provide sufficient time between the end of the comment period and
the adoption of the notified technical regulations and conformity assessment
procedures for the consideration of comments made and the preparation of
subsequent responses;
ii. to encourage Members to exchange comments and to provide information
on websites on which comments received from Members and replies thereto are
posted, taking into account the fact that some bilateral communications between
Members could be of a confidential nature; and
iii. to request the Secretariat to prepare a list of these websites,
based on the information provided by Members.
d. In 2009, the Committee agreed[96]:
i.
to stress the
importance of an efficient and effective handling of comments on notified
measures and, in this respect, to reiterate its previous recommendations on the
handling of comments, including the recommendation to voluntarily respond to
comments in writing, if so requested, and to share these replies with the TBT
Committee and to encourage Members to draft their responses in one of the three
official languages of the WTO;
ii. to note the importance of domestic coordination to ensure that
comments received are followed up and taken into account in finalizing the
draft measure;
iii. to recall its earlier recommendations about the sharing, on a
voluntary basis, of comments on notified draft measures and replies thereto,
including through the use of websites; and
iv. to recommend that the Committee continues to discuss ways to improve
the effective implementation of the provisions of the TBT Agreement on handling
of comments, including assessing the feasibility of utilizing the TBT
Information Management System (TBT IMS) as a platform where comments on
notified measures, and replies thereto, could be posted on a voluntary basis.
4.4. In the 2001 Ministerial Decision on Implementation-related Issues
and Concerns, Ministers stated that "Subject to the conditions specified
in paragraph 12 of Article 2 of the Agreement on Technical Barriers to Trade,
the phrase 'reasonable interval' shall be understood to mean normally a period
of not less than 6 months, except when this would be ineffective in fulfilling
the legitimate objectives pursued."[97]
Decision
a. In 2002, the Committee took note of the above-mentioned Ministerial
Decision regarding the implementation of Article 2.12 of the Agreement, and
decided as follows[98]:
i.
Subject to the
conditions specified in paragraph 12 of Article 2 of the Agreement on Technical
Barriers to Trade, the phrase "reasonable interval" shall be
understood to mean normally a period of not less than six months, except when
this would be ineffective in fulfilling the legitimate objectives pursued.
Recommendation
a.
In 2006, with a
view to facilitating the implementation of transparency procedures under the
Agreement, the Committee agreed[99]:
i.
to encourage
Members to provide an interval of more than six months, when possible, between
the publication of technical regulations and their entry into force.
Recommendations
a. In 2003, in order to facilitate the follow-up on Members' technical
regulations and conformity assessment procedures brought to the attention of
the Committee, the Committee agreed[100]:
i.
to have
amendments to notifications carry the same document symbol as that of the
original notification to allow them to be adequately traced;
ii. to encourage Members to share, on a voluntary basis, with the
Committee any follow-up information on issues that have been previously brought
to its attention.
b. In 2009, the Committee agreed[101]:
i.
to recall its
earlier recommendation encouraging Members to notify the availability of the
adopted final text as an addendum to the original notification and to provide
information on where the final text can be obtained, including website address;
ii. to stress the importance of making such addenda when a proposed
regulation is either adopted, published or enters into force and especially in
cases where the relevant dates have not been provided in the original
notification or have been changed; and
iii. to recommend that the Committee establish common procedures on how
and under which format (addendum, corrigendum, revision) to notify
modifications or any other information relevant to previously notified
measures.
c. In 2012, with a view to advancing the work of establishing common
procedures for the use of notification formats[102],
the Committee agreed[103]:
i.
To exchange
experiences on Members' use of notification formats (addendum, corrigendum,
revision, new notification).[104]
d.
In 2014, with a
view to facilitating the traceability of information pertaining to a given
notification (e.g. amendments, availability of the adopted text, entry into
force), and avoiding confusion between new notifications and previously
notified measures, the Committee agreed[105]:
i.
to a
recommendation on the coherent use of notification formats (new notification,
addenda, corrigenda, revision and supplement).
Decision
a.
In 2000, the
Committee agreed on the following with a view to providing a brief indication
of the notifications issued[106]:
i.
the Secretariat
is requested to prepare a monthly table of notifications issued, indicating the
notification numbers, notifying Members, Articles notified under, products
covered, objectives and final dates for comments.[107]
4.5. Article 4 of the Agreement establishes a "Code of Good Practice
for the Preparation, Adoption and Application of Standards" (the
"Code"). The text of the Code is contained in Annex 3 of the TBT
Agreement. The Code provides that, inter
alia, Members shall ensure that their central government
standardizing bodies accept and comply with the Code, and to take such
reasonable measures as may be available to them to ensure that local government
and non-governmental standardizing bodies within their territories, as well as
regional standardizing bodies of which they or one or more bodies within their
territories are members, accept and comply with the Code. The Code is open for
acceptance to any such bodies (Paragraph B). Standardizing bodies that have
accepted or withdrawn from the Code shall notify this fact (Paragraph C), as
well as the existence of a work programme (Paragraph J).
Recommendations
a. In 1997, in order to improve the transparency, acceptance of, and
compliance with the Code, the Committee agreed[108]:
i.
to invite Members
to share their experience with respect to the steps taken to fulfil their
obligations under Article 4 and to exchange information on the reasons why
certain standardizing bodies as identified in Article 4.1 have not yet accepted
the Code;
ii. that Members should take appropriate action to inform standardizing
bodies of the provisions of the Code and the benefits they would gain from
accepting it; and
iii. that the Secretariat will draw up a list of standardizing bodies on
the basis of information provided by Members for this purpose.
b. In 2006, with a view to facilitating the implementation of
transparency procedures under the Agreement, and with regard to the acceptance
of the Code of Good Practice by regional standardizing bodies, the Committee
agreed[109]:
i.
to encourage
regional standardizing bodies to accept the Code of Good Practice and to notify
their acceptance of the Code to the ISO/IEC Information Centre.
Documents
a.
Notifications
under the Code of Good Practice are circulated by the WTO Secretariat in the
document series G/TBT/CS/N/[Number].[110]
The agreed format is contained in Annex 7 (on page 64 of this document).
Decision
a. In 1999, the Committee agreed[111]:
i.
that the communication
of the work programmes of standardizing bodies via the Internet would be
another possibility to fulfil paragraph J obligations on transparency. Hard
copies of such work programmes would, nevertheless, always be made available on
request in accordance with paragraph P of the Code of Code of Good Practice.
Recommendations
a.
In 1997, in order
to improve the transparency, acceptance of, and compliance with the Code, the
Committee agreed[112]:
i.
to examine any
problems faced by Members in the implementation of the provisions of the Code,
for example, problems encountered in publishing work programs every six months
as required under paragraph J, so that appropriate technical assistance can be
provided, if necessary;
b. In 2006, with a view to facilitating the implementation of
transparency procedures under the Agreement, the Committee agreed[113]:
i.
to invite the
ISO/IEC Information Centre to provide information to the Committee on the
status of notifications of the existence of a work programme made under
Paragraph J when the WTO TBT Standards Code Directory is published, and
ii. to encourage standardizing bodies that communicate their work
programmes via the internet to specify the exact web pages where the
information on work programmes is located under the item "Publication"
of the notification form.
Documents
a.
The agreed format
for notification to the ISO/IEC Information Centre is contained in Annex 7 (on
page 65 of this document).
Recommendations
a. In 1997, in order to improve the transparency, acceptance of, and
compliance with the Code, the Committee agreed[114]:
i.
without prejudice
to the views of Members concerning the coverage and application of the
Agreement, the obligation to publish notices of draft standards containing
voluntary labelling requirements under paragraph L of the Code is not dependent
upon the kind of information provided on the label.
b. In 2003, with regard to the electronic transmission of information
on proposed standards, technical regulations and conformity assessment
procedures, the Committee took note of Paragraph L of the Code of Good Practice
which states that: "No later than at the start of the comment period, the
standardizing body shall publish a notice announcing the period for commenting
in the publication referred to in paragraph J," and agreed[115]:
i.
that the
electronic publication of notices announcing the periods for comments can
constitute another possibility for the fulfilment of this transparency
obligation.
a.
A Thematic
Session on Transparency was held on 17 June 2014, which included discussion of
transparency in standard-setting.[116]
4.6. The TBT Agreement contains an obligation to notify agreements
between Members on issues related to technical regulations, standards or
conformity assessment procedures which may have a significant effect on trade
(Article 10.7).
Decision
a. In 1996, the Committee agreed to adopt the format for notifications
under Article 10.7 of the Agreement contained in Annex 4 (on page 60 of this
document).[117]
Documents
b.
Notifications
under Article 10.7 are circulated under document symbol G/TBT/10.7/N/[Number].[118]
4.7. Members are required to publish a notice of a proposed technical
regulation or conformity assessment procedure if it may have a significant
effect on trade of other Members, and whenever a relevant international
standard (or, in the case of a conformity assessment procedure, a relevant
guide or recommendation issued by an international standardizing body) does not
exist or the proposed measure is not in accordance with the technical content
of relevant international standards (or, in the case of a conformity assessment
procedure, relevant guides or recommendations issued by international standardizing
bodies) (Articles 2.9.1 and 5.6.1).
Recommendation
a. In 2006 and 2009, with regard to the publication of a notice of
proposed technical regulations and conformity assessment procedures (pursuant
to Articles 2.9.1 and 5.6.1), the Committee agreed[119]:
i.
to examine ways
in which the publications for such notices – and their content – are made
available, so as to enable all interested parties to become acquainted with
them.
Documents
a.
Information on
official publications related to technical regulations, standards and
conformity assessment in the form of a list, including website references, is
contained in the document G/TBT/GEN/39/‑series.[120]
4.8. Articles 2.9.3 and 5.6.3 of the TBT Agreement state that Members
shall, upon request, provide to other Members particulars or copies of the
proposed technical regulation or conformity assessment procedures, and wherever
possible identify the parts which in substance deviate from relevant international
standards, or relevant guides or recommendations issued by international
standardizing bodies.
Decision
a. In 2007, with the purpose of facilitating access to notified draft
texts, the Committee decided[121]:
i.
to establish a
facility whereby Members may, on a voluntary basis, provide the WTO Secretariat
with an electronic version of the notified draft text (attachment) together
with the notification format. (Texts will be stored on a WTO server and
accessed through a hyperlink in the notification format.)
Recommendations
a.
In 2006, with a
view to facilitating the implementation of transparency procedures under the
Agreement, and with regard to texts of notified technical regulations and
conformity assessment procedures, the Committee agreed[122]:
i.
to encourage
Members to provide:
-
more detailed
information on proposed technical regulations and conformity assessment
procedures in Section 6 "Description of content" of the notification
form; and
-
the website
address where Members can download the full text of the notified measure in
Section 11 "Text available from" of the notification form or any
other means to quickly and easily access the text.
ii. to explore ways to attach to the notification form a copy of the
text of the notified measure; and
iii. to encourage Members to notify the availability of the adopted final
text as an addendum to the original notification and to provide information on
where the final text can be obtained, including website address.
b. In 2009, with a view to improving access to texts of notified
measures, the Committee agreed[123]:
i.
to reiterate its
earlier recommendation to indicate a website address in Box 11 "Text
available from" of the notification format; and
ii. to encourage Members to use the facility provided by the WTO
Secretariat and to send electronic versions of notified texts together with the
notification format to be hyperlinked in the notification itself.
c. In 2012, with a view to increasing transparency across the
regulatory lifecycle, and on methods Members use to assess the potential impact
on trade of draft measures, the Committee agreed[124]:
i.
to encourage
Members when notifying draft measures to provide access – on a voluntary basis
and depending on their individual situations – to assessments, such as
regulatory impact assessment (RIA), that they have undertaken on the potential
effects of the draft measure, including likely impacts on consumers, industry
and trade (e.g. a cost-benefit analysis, analysis of alternative measures).
This can be achieved, for instance, through a hyperlink to the assessment in Box
8 of the notification template or by including the assessment in the draft
measure itself.
4.9. Article 10.5 of the TBT Agreement states that developed country
Members shall, if requested by other Members, provide in English, French or
Spanish, translations of the documents covered by a specific notification, or
in case of voluminous documents, of summaries of such documents.
Decisions
a. In 1995, in order to avoid difficulties that can arise from the fact
that the documentation relevant to technical regulations, standards and
procedures for assessment of conformity is not available in one of the WTO
working languages and that a body other than the enquiry point may be
responsible for such documentation, the Committee agreed[125]:
i.
when a translation
of a relevant document exists or is planned, this fact shall be indicated on
the WTO TBT notification form next to the title of the document. If only a
translated summary exists, the fact that such a summary is available shall be
similarly indicated;
ii. upon receipt of a request for documents, any translated summaries
that exist in the language of the requester or, as the case may be, in a WTO
working language, shall be automatically sent with the original of the
documents requested; and
iii. Members shall indicate under point 11 of the WTO TBT notification
form the exact address, e-mail address, telephone and fax numbers of the body
responsible for supplying the relevant documents if that body is not the
enquiry point.
b. In 2007, with a view to enhancing the sharing of translation of
documents referred to in notifications and facilitating information-sharing by
Members on the availability of unofficial translations on the Internet, the
Committee agreed[126]:
i.
to set up a
mechanism whereby Members are invited, on a voluntary basis, to provide
information about the availability of unofficial translations of notified
measures;
ii. that this will be done through the circulation by the Secretariat of
a supplement to the original notification submitted by a Member; and
iii. that such information should be provided to the Central Registry for
Notifications (crn@wto.org) in the format
contained in Annex 3.6 (in this document on
page 58).[127]
Recommendations
a.
In 1995, in order
to avoid difficulties that can arise from the fact that the documentation
relevant to technical regulations, standards and procedures for assessment of
conformity is not available in one of the WTO working languages and that a body
other than the enquiry point may be responsible for such documentation, the
Committee agreed[128]:
i.
when a Member
seeks a copy of a document relating to a notification which does not exist in
that Member's WTO working language, it will be advised, on request, by the
notifying Member of other Members that have requested, as of that date, a copy
of the document. The Member seeking a copy of a document relating to a
notification may then contact such other Members in order to determine whether
the latter are prepared to share, on mutually agreed terms, any translation
that they have or will be making into relevant WTO working language(s).
b. In 2003, in the context of the handling of comments, the Committee
agreed[129]:
i. to encourage Members under Article
10.5, to provide translations of the documents covered by specific
notifications, in any WTO official language of their choosing without being
requested to do so.
c. In 2006, with a view to facilitating the implementation of
transparency procedures under the Agreement, and with regard to texts of
notified technical regulations and conformity assessment procedures, the
Committee agreed[130]:
i.
to explore ways
to enhance the sharing of translation of documents referred to in
notifications, such as posting on Members' websites or developing a format to
inform other Members of the existence of translations of
notified measures.
d. In 2009, the Committee noted that, in the absence of a translation,
Section 6 of the notification format "Description of the content", as
well as prompt replies to specific questions on the content, are important
sources of information for understanding the proposed measure and the main
basis for comments from interested parties. In light of the above, the TBT
Committee agreed[131]:
i.
to reaffirm its
recommendation that Members share, on a voluntary basis, unofficial
translations of documents referred to in notifications, for example by posting
them on Members' websites or by providing these unofficial translations to the
WTO Secretariat for further dissemination through the agreed mechanism; and
ii. to encourage Members, in cases when a notified document is not in
one of the WTO official languages, to provide a comprehensive description of
the measure in Section 6 "Description of the content" of the
notification format.
4.10. At the request of Members, the Secretariat launched the web-based
application, the TBT Information Management System (TBT IMS)[132]
in July 2009. The TBT IMS is a comprehensive source of information on TBT
notifications and other transparency-related documents. The system contains
information on all types of notifications under the TBT Agreement, such as
notifications of technical regulations and conformity assessment procedures,
notifications of agreements under Article 10.7 and notifications made under
Paragraph C the Code of Good Practice of the TBT Agreement. The system also
contains Members' Statements on Implementation and Administration of the TBT
Agreement made under Article 15.2, the list of TBT National Enquiry Points and
information on specific trade concerns discussed in the TBT Committee. The TBT
IMS allows for advanced searching and reporting on notifications based on a
variety of criteria, such as, inter alia, geographic grouping, product codes,
notification keywords, objectives of the notified measures and dates for
comments.
4.11. Members are of the view that an efficient and well-functioning
WTO-based IT system that provides a common platform for available information
will contribute significantly to an improved implementation of the TBT
Agreement's transparency provisions, and in particular those relating to
notification.[133]
4.12. In 2012, in order to develop the existing TBT IMS so that it becomes
a more effective tool to assist Members in the implementation of the TBT
Agreement's transparency provisions, the Committee agreed[134]:
a. to request the rapid development of a TBT on-line Notification
Submission System (TBT NSS)[135]
to foster more expedient processing and circulation of notifications by the
Secretariat;
b. to note that the TBT NSS and TBT IMS should be developed in a
flexible manner, to accommodate the particularities of the TBT Agreement. There
should, for example, be scope for: the use of a standardized PDF template for
uploading notification forms; the development of criteria (e.g. common product
categories encompassing different HS codes) to facilitate the indication of the
products covered by notification; the development of "standardized"
alert systems (dates, products of interest); and the development of systems
that allow for improved links with Members' own websites and databases (e.g. web
services); and
c. to discuss further enhancement of the TBT IMS.
a.
A Thematic
Session on Transparency was held on 17 June 2014, which included discussion of
online tools.[136]
4.13. Under the TBT Agreement, two provisions mandate Members to create
enquiry points. Article 10.1 concerns enquiries regarding, inter alia,
technical regulations, conformity assessment procedures and standards issued by
central or local government bodies, non-governmental bodies which have the
legal power to enforce a technical regulation, or regional standardization
bodies of which such bodies are members or participants. Article 10.3 relates, inter alia, to enquiries on standards and conformity
assessment procedures issued by non-governmental bodies and regional bodies of
which they are members or participants.
Recommendations
a. In 1999, the Committee agreed that e-mail addresses of enquiry
points should be provided, where available, in order to be included in document
G/TBT/ENQ/- series.[137]
b. In 2009, in order to improve implementation of provisions related to
the work of Enquiry Points, the Committee agreed[138]:
i.
to stress the
importance of operational capacity of Enquiry Points, especially with respect
to the provision of answers to enquiries and the promotion of a dialogue; and
ii. to recommend that developing country Members identify challenges
which they face with respect to the establishment and operations of their
enquiry points and indicate the nature of the technical assistance needed to
overcome these difficulties.
Documents
a.
A list of
national enquiry points is contained in the document G/TBT/ENQ/ - series.[139]
Recommendations
a. In 1995, with the purpose of improving the handling of requests from
other Members received under Article 10.1 and 10.3, the Committee agreed[140]:
i.
an enquiry point
should, without further request, acknowledge the receipt of the enquiry.
b. In 1995, with respect to problems of supplying and obtaining
requested documentation on notified technical regulations and procedures for
assessment of conformity, the Committee agreed[141]:
i.
requests for
documentation should contain all the elements permitting the identification of
the documents and in particular, the WTO TBT notification number symbol to
which the requests refer. The same information should appear on the documents
supplied in response to such requests;
ii. any request for documentation should be processed if possible within
five working days. If a delay in supplying the documentation requested is
foreseen, this should be acknowledged to the requester, along with an estimate
of when the documents can be provided;
iii. E-mail requests for documentation should include name, organization,
address, telephone and fax numbers, and e-mail address in the request; and
iv. electronic delivery of documentation is encouraged and requests
should indicate whether an electronic version or hard copy is desired.
c. In 2012, noting that enquiry points in some contexts faced
challenges in responding to comments and requests, the Committee agreed[142]:
i.
to recommend that
Members share experiences with regard to challenges faced by enquiry points in
responding to comments and requests, with a view to improving their
functioning; and
ii. to discuss the functioning of enquiry points, including with respect
to building support among interested stakeholders in the private sector for the
services of the enquiry points.
Recommendation
a. In 1995, with a view to encouraging a uniform application of
Articles 10.1 and 10.3 of the Agreement, the Committee agreed[143]:
i.
an enquiry should
be considered "reasonable" when it is limited to a specific product,
or group of products, but not when it goes beyond that and refers to an entire
business branch or field of regulations, or procedures for assessment of
conformity;
ii. when an enquiry refers to a composite product, it is desirable that
the parts or components, for which information is sought, are defined to the
extent possible. When a request is made concerning the use of a product it is
desirable that the use is related to a specific field; and
iii. the Enquiry Point(s) of a Member should be prepared to answer
enquiries regarding the membership and participation of that Member, or of relevant
bodies within its territory, in international and regional standardizing bodies
and conformity assessment systems as well as in bilateral arrangements, with
respect to a specific product or group of products. They should likewise be
prepared to provide reasonable information on the provisions of such systems
and arrangement.
Recommendation
a. In 1995, in order to improve publicity concerning the role of
enquiry points in answering queries from Members as provided in Articles 10.1
and 10.3 of the Agreement, the Committee agreed[144]:
i.
the issuing of
brochures on enquiry points would be of value; and
ii. all booklets issued by Members should contain the elements and, as
far as possible, follow the layout set out in Annex 5 (on page 61 of this
document).
a. A Thematic Session on Transparency was held on 17 June 2014, which
included discussion of functioning of enquiry points.[145]
Decision
a. In 1995, in order to give Members the opportunity to discuss the
activities and problems relating to information exchange and to review
periodically how well notification procedures work, the Committee agreed that[146]:
i.
Regular meetings
of persons responsible for information exchange, including persons responsible
for enquiry points and notifications, will be held on a biennial basis.
Representatives of interested observers will be invited to participate in such
meetings. The meetings will deal only with technical issues, leaving any policy
matters for consideration by the Committee itself.
Events
a.
A Special Joint
Meeting on Procedures for Information Exchange of the Committees on Technical
Barriers to Trade and Sanitary and Phytosanitary Measures was held on
6-7 November 1995.[147]
b. A Workshop and the Second Special Meeting on Procedures for
Information Exchange was held on 14 September 1998.[148]
c. The Third Special Meeting on Procedures for Information Exchange was
held on
28 June 2001.[149]
d. The Fourth Special Meeting on Procedures for Information Exchanges
was held on
2‑3 November 2004.[150]
e. The Fifth Special Meeting on Procedures for Information Exchange was
held on 7‑8 November 2007.[151]
f. The Sixth Special Meeting on Procedures for Information Exchange was
held on
22 June 2010.[152]
g. The Seventh Special Meeting on Procedures for Information Exchange
was held on
18 June 2013.[153]
5.1. Provisions on technical assistance are contained in Article 11 of
the TBT Agreement. Technical assistance has been considered an area of priority
work for the Committee since its establishment; it figures on the agenda of the
Committee on a permanent basis. Members have regularly, on a voluntary basis,
exchanged experiences and information on technical assistance in order to
enhance the implementation of Article 11 of the TBT Agreement.
Decisions
a. In 1995, in considering the ways in which the provisions of Article
11 could be given operational significance, the Committee agreed[154]:
i.
technical
assistance would remain as an item of the agenda of the Committee on a
permanent basis and would be included on the agenda of a regular meeting of the
Committee when so requested by a Member in accordance with the agreed
procedures.
b. In 2005, with a view to increasing transparency in the
identification and prioritization of technical assistance needs, the Committee
agreed[155]:
i.
to adopt, for use
on a trial basis for two years, a Format for the Voluntary Notification of
Specific Technical Assistance Needs or Responses. The Format is contained in
Annex 6 (on page 62 of this document).
Recommendations
a.
In 2000, in
considering technical assistance, the Committee agreed to develop a demand
driven technical cooperation programme related to the Agreement, taking into
account existing and proposed technical assistance activities, as well as
seeking ways to achieve more effective cooperation and coordination among
donors to better target the needs identified by developing country Members. The
Committee agreed that the programme would need to
evolve on the basis of the following elements[156]:
i.
design of a
survey with the assistance of relevant international, regional and bilateral
organisations to assist developing countries in needs identification;
ii.
identification
and prioritization by developing and least developed country Members of their
specific needs in the TBT field;
iii.
consideration of
existing technical assistance activities by multilateral, regional and
bilateral organizations with a view to the effective and efficient development
of technical assistance programmes;
iv.
enhancement of
co-operation between donors; and
v.
reassessment of
needs in light of agreed priorities, identification of technical assistance
partners and financial considerations.
The Committee also agreed that the progress made in implementing the
programme should be assessed by the Committee in the context of the Third
Triennial Review and the Committee should also reflect its work on the
programme in its Annual Report to the General Council.[157]
b.
In 2003, in light
of the work programme[158] on TBT-related technical
assistance and in order to assist Members in implementing and operationalizing
Article 11, the Committee agreed as follows.[159]
i.
noting the importance of transparency in the provision of technical
assistance and the need for coordination at the national, regional and
international levels. Recognizing that improvements are needed to facilitate
the meeting of demand and supply of technical assistance, and with a view to
building on the information received, the Committee agrees:
-
to consider the
creation of an information coordination mechanism including through the
possible development of voluntary notification procedures for donors, and
recipient Members to communicate information on current and future activities.
To this end, and considering proposals made by Members, the Chair is requested
to hold consultations with interested Members to:
1 examine what extent an Internet facility could serve this purpose;
2 examine what an appropriate management approach might be; and
3 report to the Committee by mid-2004;
-
that the survey
questionnaire could be a dynamic tool to maintain information on developing
country Members' needs and encourages Members, on a voluntary basis, to update
responses to the survey questionnaire; and
-
to invite Members
to communicate to the Committee pertinent information regarding technical
assistance activities of relevant regional and international bodies.
ii. with regard to technical assistance
provided by the Secretariat, the Committee agreed:
-
to explore how
the results of the Committee's discussions (e.g., on needs identified, lessons
learned, gaps in technical assistance activities) could be reflected in the
WTO's Technical Assistance and Training Plan; and
-
to request the
Secretariat, as part of the Committee's standing agenda item on technical
assistance, to regularly deliver information on its recently concluded
programmes and future plans on TBT-related technical assistance, and reflect
this in the Committee's annual reviews. This should include information on
modality, content, participation and any feedback from recipient Members.
iii. with regard to the appropriate role
of the Committee in relation to technical assistance, the Committee:
-
agreed on the
need for Members and the Secretariat to raise the profile of TBT issues at the
international and national levels;
-
reaffirmed the
need for its future work to contribute to enhanced cooperation and coordination
between those involved in technical assistance;
-
reaffirmed the
need to continue facilitating the exchange of national experiences;
-
should provide a
forum for feedback and assessment of the outcomes and effectiveness of
technical assistance; and
-
considered, based
on Members' experience of technical assistance received and provided,
developing further elements of good practice in technical assistance in the TBT
field.
c.
In 2006, with a
view to facilitating the implementation of the TBT Agreement's provisions on
technical assistance, the Committee agreed[160]:
i.
to encourage Members to make use of the Format for the Voluntary
Notification of Specific Technical Assistance Needs or Responses, contained in
Annex 6 (on page 62 of this document)[161];
ii. to review, in 2007, the use of the
Format for the Voluntary Notification of Specific Technical Assistance Needs or
Responses, including the possible further development of the demand-driven
technical cooperation mechanism.
d.
In 2009, the
Committee agreed[162]:
i.
to encourage Members to make use of the Format for the Voluntary
Notification of Specific Technical Assistance Needs or Responses as a
complement to other bilateral and/or regional means of requesting technical
assistance.
e.
In 2012, the
Committee reiterated the importance of enhancing the effectiveness of the
delivery and receipt of TBT technical assistance and capacity, and agreed[163]:
i.
to request that Members review the effectiveness of TBT technical
assistance and capacity building activities among Members, with a view to
exploring ways and means to focus such activities on relevant capacity building
needs and priorities thereby enhancing their usefulness, particularly in beneficiary
developing Members.
Documents
a.
Notifications of
Specific Technical Assistance Needs or Responses are contained in the following
document series: G/TBT/TA-[number]/[Member].
Decision
a.
In 1995, in
considering the ways in which the provisions of Article 11 could be given
operational significance, the Committee agreed to exchange information on
technical assistance as follows[164]:
i.
specific needs
for technical assistance, as well as information that may be provided by
potential donor Members on their technical assistance programmes, may be
communicated to Members through the Secretariat. Members will take into account
the provisions of Article 11.8 of the TBT Agreement when considering requests
for technical assistance from the least-developed country Members. In agreement
with requesting Members or potential donor Members, as the case may be, the
information concerning specific needs and technical assistance programmes would
be circulated by the Secretariat to all Members on an informal basis. Whilst
information would be multilateralized in this manner, technical assistance
would continue to be provided on a bilateral basis. The Secretariat would
reflect the information circulated under this procedure in the documentation
prepared for annual reviews of the implementation and operation of the
Agreement if the Members concerned so agree.
Recommendations
a. In 1997, in order to enhance the implementation of Article 11, the
Committee agreed[165]:
i.
to invite
Members, on a voluntary basis, to exchange information regarding the
implementation of Article 11, including to communicate to the Committee
annually any information concerning their national and regional technical
assistance programmes; and
ii.
to invite Members
that require technical assistance to inform the Committee of any difficulties
they encounter in the implementation and operation of the Agreement, and the
kind of technical assistance they may need. Other Members are invited to
contribute to the technical assistance process by sharing their experience in
the implementation and operation of the Agreement.
b.
In 2000, the
Committee invited Members on a voluntary basis to further communicate
information on technical assistance programmes they proposed, provided or
received.[166]
c.
In 2006, with a
view to facilitating the implementation of the TBT Agreement's provisions on
technical assistance, the Committee agreed:
i.
to exchange
experiences in respect of the delivery and receipt of technical assistance with
a view to identifying good practices in this regard[167], and
ii.
to invite
observer international standardizing bodies and other international
standardizing bodies to provide information on steps taken to ensure effective
participation of developing country Members in their work.[168]
d.
In 2009, building
on the previous recommendation that Members exchange experiences in respect of
the delivery and receipt of technical assistance with a view to identifying
good practices in this regard , the Committee agreed[169]:
i.
to encourage
Members and relevant bodies involved in the provision of technical assistance
to exchange information to identify such practices.
e.
In 2009,
consistent with the Committee's agreement on a demand-driven approach to
technical assistance, the Committee encouraged Members to review their capacity
building needs and priorities in the following areas in particular[170]:
i.
GRP: The
Committee considers that experience gained in the area of GRP for the effective
implementation of the TBT Agreement should be shared. Technical assistance in
the area of GRP should be considered an integral element of capacity building
activities to strengthen implementation of the TBT Agreement and draw on the
expertise of both Members and other relevant organizations;
ii.
Conformity
assessment: Members are encouraged to participate in technical cooperation
activities in the area of conformity assessment consistent with sector-specific
national priorities. Capacity building activities – at the national or regional
level as appropriate – aimed at improving technical infrastructure (e.g.
metrology, testing, certification, and accreditation) as well as capacity to
enforce (including with respect to market surveillance and product liability)
should be consistent with national priorities and take into account the
existing level of technical infrastructure development;
iii.
Standards
development: Members should undertake efforts to build understanding of the
strategic importance of standardization activities through increased outreach
in sectors of priority interest. It may be beneficial to explore incentives to
increase support and promotion of such activities, particularly in developing
country Members; and
iv.
Transparency:
Members stress the importance of reinforcing the operation of enquiry points.
Events
a. On 19-20 July 2000, the Committee held a Workshop on Technical
Assistance and Differential Treatment in the context of the TBT Agreement.[171]
b.
On 18 March 2003,
with the objectives of further developing the technical cooperation programme
and providing an opportunity for further information exchange on technical assistance,
on both the demand and supply sides, a special workshop on TBT-related
technical assistance was held.[172]
c.
On 29 October
2013, the Committee held a Thematic Session on Technical Assistance and Special
and Differential Treatment.[173]
d.
On 4 November 2014,
the Committee held a Thematic Session on Technical Assistance and Special and
Differential Treatment.[174]
6 Special and differential Treatment
6.1. Article 12 of the TBT Agreement addresses Special and Differential
Treatment of Developing Country Members. Members have, on various occasions,
exchanged information and views on the operation and implementation of this
Article, including in the context of other items on the TBT Committee's agenda.
Recommendations
a. In 1997, with a view to operationalize and implement the provisions
of Article 12, the Committee agreed to the following[175]:
i.
the Committee
will consider including the following matters in its future programme of work,
which could be taken up during the next three years and reviewed during the
Second Triennial Review of the Agreement:
-
the use of
measures to engender capacity building in developing country Members, including
the consideration of measures relevant to transfer of technology to these
countries, for the purpose of preparation and adoption of technical
regulations, standards or conformity assessment procedures, taking into account
their special development, financial and trade needs;
-
the preparation
of a study by the Secretariat to establish the state of knowledge concerning
the technical barriers to the market access of developing country suppliers,
especially small and medium sized enterprises (SMEs), as a result of standards,
technical regulations and conformity assessment procedures;
-
inviting
representatives of relevant international standardizing bodies and
international systems for conformity assessment procedures to make written and
oral presentations to the Committee with a view to assessing whether and how
account is taken of the special problems of developing countries in such bodies
and systems. The Secretariat will circulate a compendium of the written
contributions by the relevant organisations; and
-
the encouragement
of the organization of international meetings relevant to the provisions of the
Agreement in the territories of developing country Members to give greater
representative participation by such Members to the deliberations and
recommendations of such international meetings, and the electronic
dissemination of information.
Recommendations
a. In 1997, with a view to operationalize and implement the provisions
of Article 12, the Committee agreed[176]:
i.
to invite Members, on a voluntary basis, to exchange information on the
implementation of Article 12, including information related to Articles 12.2,
12.3, 12.5, 12.6, 12.7 and 12.9; and
ii.
to invite Members, on a voluntary basis, to exchange information on any
specific problems they face in relation to the operation of Article 12.
b. In 2006, in order to have a more focused exchange of information,
the Committee agreed[177]:
i.
to encourage Members to inform the Committee of special and differential
treatment provided to developing country Members, including information on how
they have taken into account special and differential treatment provisions in
the preparation of technical regulations and conformity assessment procedures;
and
ii.
to encourage developing country Members to undertake their own
assessments of the utility and benefits of such special and differential
treatment.
c. In 2012, with a view to furthering discussion in the area of special
and differential treatment, the Committee agreed[178]:
i.
to exchange views
and explore ideas on the implementation of Article 12 of the TBT Agreement with
respect to the preparation of technical regulations, standards and conformity
assessment procedures, and the enhancement of the effective operation of
Article 12, in coordination with the WTO Committee on Trade and Development.
Events
a.
On 19-20 July
2000, the Committee held a Workshop on Technical Assistance and Differential
Treatment in the context of the TBT Agreement.[179]
b. On 29 October 2013, the Committee held a Thematic Session on
Technical Assistance and Special and Differential Treatment.[180]
c. On 4 November 2014, the Committee held a Thematic Session on
Technical Assistance and Special and Differential Treatment.[181]
7.1. Pursuant to Article 13 of the TBT Agreement, the TBT Committee was
established with the purpose of: "affording Members the opportunity of
consulting on any matters relating to the operation of this Agreement or the
furtherance of its objectives, and shall carry out such responsibilities as
assigned to it under this Agreement or by the Members". Since its first
meeting, Members have used the TBT Committee as a forum to discuss issues
related to specific measures (technical regulations, standards or conformity
assessment procedures) maintained by other Members. These are referred to as
"specific trade concerns" (STCs) and relate normally to proposed
draft measures notified to the TBT Committee or to the implementation of
existing measures.
Decisions
a. In 2009, noting the accelerated growth in the number of specific
trade concerns raised at Committee meetings, as well as in the number of WTO
Members raising concerns or substantively supporting those of other Members,
the Committee emphasized the importance of making the discussion more efficient
in order to secure a more prompt response to concerns raised. In order to
streamline the consideration of STCs, the TBT Committee agreed to apply the
following procedures, to the extent practicable[182]:
i.
Members wishing
to propose the inclusion of a specific trade concern in the annotated draft
agenda should directly inform both the Secretariat and the Member(s) involved
of their intention to do so no less than fourteen calendar days prior to
the convening of the TBT Committee meeting;
ii. the annotated draft agenda issued by the Secretariat in advance of
each Committee meeting will include all specific trade concerns communicated by
Members to the Secretariat; it will indicate which concerns are being raised
for the first time and which have been previously raised. It should be
circulated as early as possible but no less than ten calendar days
before the meeting;
iii. requests to include specific trade concerns on the agenda should be
accompanied by a reference to the symbol of the notification. In cases where
the measure has not been notified, the request should provide a brief
description of the measure, including relevant references; and
iv. there may be instances where a Member wishes to bring a concern to
the Committee's attention after the deadline has passed. In this case,
additional specific trade concerns can still be included in the agenda of the
TBT Committee meeting under "Specific Trade Concerns", provided that
Members wishing to raise the relevant concerns have previously informed the
Member(s) involved of their intention to do so. However such concerns will only
be addressed after all specific trade concerns contained in the annotated draft
agenda have been discussed.
b. In 2012, in order to respond to the substantive body of
recommendations and decisions before the Committee and in order to press for
greater progress on these issues, the Committee agreed to hold thematic
discussions on specific topics in conjunction with upcoming meetings[183]:
Recommendation
a.
In 2012, in order
to ensure the efficiency of the discussion of STCs, the Committee agreed[184]:
i.
to further
reflect on ways to streamline the work of the Committee in the consideration of
STCs.
Documents
a.
In 2009, the
Committee encouraged the Secretariat to continue to compile information about
the status of specific trade concerns and to make this available to Members
regularly with a view to providing a useful database for Members to track
concerns of importance to them.[185]
The G/TBT/GEN/74/-series of documents contain an overview of specific trade
concerns raised in the TBT Committee.[186]
It provides statistical information on the concerns raised since the first
meeting of the TBT Committee in 1995 and lists the specific trade concerns
sorted by date, frequency and the number of Members that have expressed
concern.
7.2. In 2012, considering the substantive body of recommendations and
decisions before the Committee, Members agreed on the need to focus and deepen
their work. Noting that follow-up was a
long-term endeavour, Members saw benefit to dedicating time to thematic topics
in response to the specific decisions and recommendations of the Committee, in
order to press for greater progress on these issues. To this end, the Committee
agreed to hold thematic sessions in conjunction with its regular meetings
during 2013-2015.[187]
_______________
Decision[188]
The following principles and procedures
should be observed, when international standards, guides and recommendations
(as mentioned under Articles 2, 5 and Annex 3 of the TBT Agreement for the
preparation of mandatory technical regulations, conformity assessment
procedures and voluntary standards) are elaborated, to ensure transparency,
openness, impartiality and consensus, effectiveness and relevance, coherence,
and to address the concerns of developing countries.
The same principles should also be observed
when technical work or a part of the international standard development is
delegated under agreements or contracts by international standardizing bodies
to other relevant organizations, including regional bodies.
1. Transparency
All essential information regarding current
work programmes, as well as on proposals for standards, guides and
recommendations under consideration and on the final results should be made
easily accessible to at least all interested parties in the territories of at
least all WTO Members. Procedures should be established so that adequate time
and opportunities are provided for written comments. The information on these
procedures should be effectively disseminated.
In providing the essential information, the
transparency procedures should, at a minimum, include:
a.
the publication
of a notice at an early appropriate stage, in such a manner as to enable
interested parties to become acquainted with it, that the international
standardizing body proposes to develop a particular standard;
b.
the notification
or other communication through established mechanisms to members of the
international standardizing body, providing a brief description of the scope of
the draft standard, including its objective and rationale. Such communications
shall take place at an early appropriate stage, when amendments can still be
introduced and comments taken into account;
c.
upon request, the
prompt provision to members of the international standardizing body of the text
of the draft standard;
d.
the provision of
an adequate period of time for interested parties in the territory of at least
all members of the international standardizing body to make comments in writing
and take these written comments into account in the further consideration of
the standard;
e.
the prompt
publication of a standard upon adoption; and
f.
to publish
periodically a work programme containing information on the standards currently
being prepared and adopted.
It is recognized that the publication and
communication of notices, notifications, draft standards, comments, adopted
standards or work programmes electronically, via the Internet, where feasible,
can provide a useful means of ensuring the timely provision of information. At
the same time, it is also recognized that the requisite technical means may not
be available in some cases, particularly with regard to developing countries.
Accordingly, it is important that procedures are in place to enable hard copies
of such documents to be made available upon request.
2. Openness
Membership of an international standardizing
body should be open on a non-discriminatory basis to relevant bodies of at
least all WTO Members. This would include openness without discrimination with
respect to the participation at the policy development level and at every stage
of standards development, such as the:
a. proposal and acceptance of new work items;
b.
technical
discussion on proposals;
c.
submission of
comments on drafts in order that they can be taken into account;
d.
reviewing
existing standards;
e.
voting and
adoption of standards; and
f.
dissemination of
the adopted standards.
Any interested member of the international
standardizing body, including especially developing country Members, with an
interest in a specific standardization activity should be provided with
meaningful opportunities to participate at all stages of standard development.
It is noted that with respect to standardizing bodies within the territory of a
WTO Member that have accepted the Code of Good Practice for the Preparation,
Adoption and Application of Standards by Standardizing Bodies (Annex 3 of the
TBT Agreement) participation in a particular international standardization
activity takes place, wherever possible, through one delegation representing
all standardizing bodies in the territory that have adopted, or expected to
adopt, standards for the subject-matter to which the international
standardization activity relates. This is illustrative of the importance of
participation in the international standardizing process accommodating all
relevant interests.
3. Impartiality and Consensus
All relevant bodies of WTO Members should be
provided with meaningful opportunities to contribute to the elaboration of an
international standard so that the standard development process will not give
privilege to, or favour the interests of, a particular supplier/s, country/ies
or region/s. Consensus procedures should be established that seek to take into
account the views of all parties concerned and to reconcile any conflicting
arguments.
Impartiality should be accorded throughout
all the standards development process with respect to, among other things:
a. access to participation in work;
b.
submission of
comments on drafts;
c.
consideration of
views expressed and comments made;
d.
decision-making
through consensus;
e.
obtaining of
information and documents;
f.
dissemination of
the international standard;
g.
fees charged for
documents;
h.
right to
transpose the international standard into a regional or national standard; and
i.
revision of the
international standard.
4. Effectiveness and Relevance
In order to serve the interests of the WTO
membership in facilitating international trade and preventing unnecessary trade
barriers, international standards need to be relevant and to effectively
respond to regulatory and market needs, as well as scientific and technological
developments in various countries. They should not distort the global market,
have adverse effects on fair competition, or stifle innovation and
technological development. In addition, they should not give preference to the
characteristics or requirements of specific countries or regions when different
needs or interests exist in other countries or regions. Whenever possible,
international standards should be performance based rather than based on design
or descriptive characteristics.
Accordingly, it is important that
international standardizing bodies:
a. take account of relevant regulatory or market needs, as feasible and
appropriate, as well as scientific and technological developments in the
elaboration of standards;
b.
put in place
procedures aimed at identifying and reviewing standards that have become
obsolete, inappropriate or ineffective for various reasons; and
c.
put in place
procedures aimed at improving communication with the World Trade Organization.
5. Coherence
In order to avoid the development of
conflicting international standards, it is important that international
standardizing bodies avoid duplication of, or overlap with, the work of other
international standardizing bodies. In this respect, cooperation and
coordination with other relevant international bodies is essential.
6. Development Dimension
Constraints on developing countries, in
particular, to effectively participate in standards development, should be
taken into consideration in the standards development process. Tangible ways of
facilitating developing countries' participation in international standards
development should be sought. The impartiality and openness of any
international standardization process requires that developing countries are
not excluded de facto from the process. With respect to improving participation
by developing countries, it may be appropriate to use technical assistance, in
line with Article 11 of the TBT Agreement. Provisions for capacity building and
technical assistance within international standardizing bodies are important in
this context.
_______________
The Committee
on Technical Barriers to Trade makes the following recommendation to enhance
the coherent use of the notification formats:
|
Type
|
Description
|
|
New
Notification
|
Members
should use a new notification[190] to notify the draft text of a proposed technical regulation or
conformity assessment procedure (hereafter referred to as the "notified
measure"). If the notified measure is associated with a previously
notified measure (e.g. amending or supplementing an adopted measure, or
replacing a withdrawn or revoked measure)[191], the symbol(s) of the associated notified measure(s) should be
indicated in Box 8 of the new notification.
|
|
Addenda[192]
|
Members
should use an addendum to notify additional information related to a
notification or the text of a notified measure, including if:
|
|
The
comment period has been changed (e.g. extended or re-opened);
|
|
The
notified measure is adopted, published, or enters into force, especially in
cases where relevant dates have not been provided in the original
notification or have been changed. Members are encouraged to indicate how the
final text of the measure can be obtained, including website address;
|
|
The
notified measure is withdrawn or revoked. If replaced with a new measure,
where possible, the symbol of the corresponding new notification should be
indicated;
|
|
The
content or scope of a notified measure is partially changed or amended. In
this case, Members should consider opening a new comment period;
|
|
Interpretive
guidance is issued; and
|
|
Any
other useful and relevant additional information directly related to a
notification or notified measure has been made available that does not
qualify as a corrigenda, revision or supplement.
|
|
Corrigenda
|
Members
should use a corrigendum to correct minor administrative or clerical errors
(which do not entail any changes to the meaning of the content) in:
|
|
a
notification or subsequent related addendum or revision; and
|
|
the
text of the notified measure.
|
|
Revision
|
Members
should use a revision to indicate that the notified measure has been
substantially re-drafted prior to adoption or entry into force. A revision
replaces the original notification. A revision should normally open a new
comment period.
|
|
Supplement
|
Members
should use a supplement to notify the availability of unofficial translations
of notified measures.[193]
|
3.2.1
Format
|
|
|
|
|
|
|
G/TBT/N/XXX/XXX
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee on Technical Barriers to Trade
|
|
|
|
|
NOTIFICATION[194]
The following notification is being
circulated in accordance with Article 10.6.
|
1.
|
Notifying Member:
If applicable, name of local government
involved (Articles 3.2 and 7.2):
|
|
2.
|
Agency responsible:
Name and address (including telephone and
fax numbers, e-mail and web-site addresses, if available) of agency or
authority designated to handle comments regarding the notification shall be
indicated if different from above:
|
|
3.
|
Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:
|
|
4.
|
Products covered (HS or CCCN where
applicable, otherwise national tariff heading.
ICS numbers may be provided in addition,
where applicable):
|
|
5.
|
Title, number of pages and language(s) of the
notified document:
|
|
6.
|
Description of content:
|
|
7.
|
Objective and rationale, including the
nature of urgent problems where applicable:
|
|
8.
|
Relevant documents:
|
|
9.
|
Proposed date of adoption:
Proposed date of entry into force:
|
|
|
|
10.
|
Final date for comments:
|
|
11.
|
Texts available from: National enquiry
point [ ] or address, telephone and fax numbers, e-mail and
web-site addresses, if available of the other body:
|
3.2.2 Guidelines
|
Item
|
Description
|
|
1. Notifying Member:
|
Government, including the competent
authorities of the European Union, which has acceded to the Agreement and
which is making the notification; if applicable, name of local government
involved Articles 3.2 and 7.2).
|
|
2. Agency responsible
|
Body elaborating a proposal for or
promulgating a technical regulation or procedures for assessment of
conformity. The authority or agency designated to handle comments regarding
the specific notification shall be indicated if different from above.
|
|
3. Notified under[195]
|
Relevant provision of the Agreement:
Article 2.9.2: proposed technical
regulation by central government body;
Article 2.10.1: technical regulation
adopted for urgent problems by central government body;
Article 3.2: proposed technical regulation
or technical regulation adopted for urgent problems by local government (on
the level directly below that of the central government);
Article 5.6.2: proposed procedures for
assessment of conformity by central government body;
Article 5.7.1: conformity assessment
procedure adopted for urgent problems by central government body;
Article 7.2: proposed procedure for
assessment of conformity or conformity assessment procedure adopted for
urgent problems by local government (on the level directly below that of the
central government)
Other Articles under which notification can
arise in cases of urgency set out in those Articles are:
Article 8.1: adopted procedures for
assessment of conformity by non-governmental body,
Article 9.2: adopted procedures for
assessment of conformity by international or regional organization.
|
|
4. Products covered
|
HS or CCCN (chapter or heading and number)
where applicable. National tariff heading if different from HS or CCCN. ICS
numbers may be provided in addition, where applicable. A clear description is
important for an understanding of the notification by delegations and
translators. Abbreviations should be avoided.
|
|
5. Title and number of pages
|
Title of the proposed or adopted technical
regulation or procedure for the assessment of conformity that is notified.
Number of pages in the notified document. The language(s) in which notified
documents are available. If a translation of the document is planned, this
should be indicated. If a translated summary is available, this too should be
indicated.
|
|
6. Description of content
|
An abstract of the proposed or adopted
technical regulation or procedures for assessment of conformity clearly
indicating its content. A clear comprehensible description stating the main
features of the proposed or adopted technical regulation or procedures for
assessment of conformity is important for an understanding of the
notification by delegations and translators. Abbreviations should be avoided.
|
|
7. Objective and rationale, including the
nature of urgent problems where applicable
|
For instance: health, safety, national
security, ... etc.
|
|
8. Relevant documents
|
(1) Publication where notice appears, including
date and reference number; (2) Proposal and basic document (with
specific reference number or other identification) to which proposal refers;
(3) Publication in which proposal will appear when adopted; (4) Whenever
practicable, give reference to relevant international standard. If it is
necessary to charge for documents supplied, this fact should be indicated.
|
|
9. Proposed dates of adoption and entry
into force
|
The date when the technical regulation or
procedures for assessment of conformity is expected to be adopted, and the
date from which the requirements in the technical regulation or procedures
for assessment of conformity are proposed or decided to enter into force,
taking into consideration the provisions of Article 2.12.
|
|
10. Final date for comments
|
The date by which Members may submit
comments in accordance with Articles 2.9.4, 2.10.3, 3.1 (in relation to
2.9.4 and 2.10.3), 5.6.4, 5.7.3 and 7.1 (in relation to 5.6.4 and 5.7.3) of
the Agreement. A specific date should be indicated. The Committee has
recommended a normal time limit for comments on notifications of 60 days. Any
Member which is able to provide a time limit beyond 60 days is encouraged to
do so. Members are encouraged to advise of any extension to the final date
for comments.
|
|
11. Texts available from[196]
|
If available from national enquiry point,
put a cross in the box provided. If available from another body, give its
address, e-mail, telex and telefax number. If available in a web-site,
provide the web-site address. Such indications should not in any way
discharge the relevant enquiry point of its responsibilities under the
provisions of Article 10 of the Agreement.
|
_______________
|
|
|
|
G/TBT/N/XXX/#/Add.#
|
|
Date
|
|
(00-0000)
|
Page: 55/74
|
|
Committee on Technical Barriers to Trade
|
Original:
|
|
|
|
notification
Addendum
The following communication, dated , is being circulated at the request of the delegation
of .
_______________
__________
|
|
|
|
G/TBT/N/XXX/#/Corr.#
|
|
Date
|
|
(00-0000)
|
Page: 56/74
|
|
Committee on Technical Barriers to Trade
|
Original:
|
|
|
|
notification
Corrigendum
The following communication, dated , is being circulated at the request of the Delegation
of .
_______________
__________
|
|
|
|
G/TBT/N/XXX/#/Rev.#
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee on Technical Barriers to Trade
|
|
|
|
|
NOTIFICATION[197]
Revision
The following notification is being
circulated in accordance with Article 10.6.
|
1.
|
Notifying Member:
If applicable, name of local government
involved (Articles 3.2 and 7.2):
|
|
2.
|
Agency responsible:
Name and address (including telephone and
fax numbers, e-mail and web-site addresses, if available) of agency or
authority designated to handle comments regarding the notification shall be
indicated if different from above:
|
|
3.
|
Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:
|
|
4.
|
Products covered (HS or CCCN where
applicable, otherwise national tariff heading.
ICS numbers may be provided in addition,
where applicable):
|
|
5.
|
Title, number of pages and language(s) of the
notified document:
|
|
6.
|
Description of content:
|
|
7.
|
Objective and rationale, including the
nature of urgent problems where applicable:
|
|
8.
|
Relevant documents:
|
|
9.
|
Proposed date of adoption:
Proposed date of entry into force:
|
|
|
|
10.
|
Final date for comments:
|
|
11.
|
Texts available from: National enquiry
point [ ] or address, telephone and fax numbers, e-mail and
web-site addresses, if available of the other body:
|
|
|
|
|
G/TBT/N/COUNTRY/#/Suppl.#
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee on Technical Barriers to Trade
|
|
AVAILABILITY
OF TRANSLATIONS
Note by the Secretariat[198]
Supplement
The Secretariat has been informed that an
unofficial translation into [language] of the document referenced in this
notification is available for consultation at:
http://www.
...........................................
or can be requested from: …………………………………………..
_____________________________________________________________________________ Comité des obstacles techniques au commerce
traductions disponibles
Note du Secrétariat11
Supplément
Le Secrétariat a été
informé qu'une traduction non officielle en [langue] du document auquel renvoie
la présente notification pouvait être consultée à l'adresse suivante:
http://www.
....................................
ou peut être obtenue à l'adresse suivante: ……………………………………
______________________________________________________________________________ Comité de Obstáculos Técnicos
al Comercio
ACCESO A
TRADUCCIONES
Nota de la Secretaría11
Suplemento
Se ha comunicado a la Secretaría que en la
dirección:
http://www. ...........................................
se puede consultar una traducción no oficial al [idioma] del documento
a que se hace referencia en la presente notificación.
o puede solicitarse a: ...........................................................
_______________
|
|
|
|
|
|
|
G/TBT/N/COUNTRY/#/Suppl.#
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee on Technical Barriers to Trade
|
Original:
|
AVAILABILITY
OF TRANSLATIONS
Note by the Secretariat[199]
Supplement
The delegation of has provided the Secretariat with an unofficial
translation into of the document referenced in this notification. The document is available for
consultation at:
.
______________________________________________________________________________
Comité des obstacles techniques au commerce
traductions disponibles
Note du Secrétariat12
Supplément
La délégation de a communiqué au Secrétariat une traduction non
officielle en langue du document auquel renvoie la présente notification. Cette traduction peut être consultée à:
______________________________________________________________________________
Comité de Obstáculos Técnicos al Comercio
ACCESO A
TRADUCCIONES
Nota de la Secretaría12
Suplemento
La delegación de ha remitido a la Secretaría una traducción no oficial
al del documento a que se hace referencia en la presente
notificación. La traducción se puede consultar en:
_______________
|
|
|
|
|
|
|
G/TBT/10.7/N/XX
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee
on Technical Barriers to Trade
|
Original: English
|
|
|
|
AGREEMENT
REACHED BY A MEMBER WITH ANOTHER COUNTRY OR COUNTRIES
ON ISSUES
RELATED TO TECHNICAL REGULATIONS, STANDARDS
OR
CONFORMITY ASSESSMENT PROCEDURES
Notification
Under Article 10.7 of the Agreement
"Whenever a Member has reached an agreement with any other country or
countries on issues related to technical regulations, standards or conformity
assessment procedures which may have a significant effect on trade, at least
one Member party to the agreement shall notify other Members through the
Secretariat of the products to be covered by the agreement and include a brief
description of the agreement." The following notification under Article
10.7 has been received.
|
1.
|
Notifying Member :
|
|
2.
|
Title of the bilateral or plurilateral
Agreement:
|
|
3.
|
Parties to the Agreement:
|
|
4.
|
Date of entry into force of Agreement:
|
|
5.
|
Products covered (HS or CCCN where
applicable, otherwise national tariff heading):
|
|
6.
|
Subject matter covered by the Agreement
(technical regulations, standards or conformity assessment procedures):
|
|
7.
|
Brief description of the Agreement:
|
|
8.
|
Further information available from:
|
_______________
5.1. All booklets issued by Members should contain the elements and, as
far as possible, follow the layout set out below:
(a)
Refer to the
provisions of Articles 10.1, 10.2 and 10.3 of the Agreement on Technical
Barriers to Trade.
(b)
Date established,
and name of responsible officer.
(a)
Refer to the
provisions of Articles 2.9.3 and 2.10.2; 3.1 (in relation to 2.9.3 and 2.10.2);
5.6.3 and 5.7.2; 7.1, 8.1 and 9.2 (in relation to 5.6.3 and 5.7.2); 10.1 and
10.3; paragraphs M and P of Annex 3 of the Agreement.
a.
Documentation
i.
Refer to the
provisions of Articles 2.9.3 and 2.10.2; 3.1 (in relation to 2.9.3 and 2.10.2);
5.6.3 and 5.7.2; 7.1, 8.1 and 9.2 (in relation to 5.6.3 and 5.7.2); 10.4,
10.8.1 and 10.8.2; paragraphs M and P of Annex 3 of the Agreement. Documentation
that can be obtained from the enquiry point(s): Procedures for handling
documentation on proposed or adopted domestic regulations and standards and
procedures for assessment of conformity
b.
Notifications:
content, format, comment period
i.
Refer to the
provisions of Articles 2.9.2, 2.10.1, 3.2, 5.6.2, 5.7.1, 7.2, 8.1, 9.2 and
paragraphs C and J of Annex 3 of the Agreement, and to the decisions of the
Committee on Technical Barriers to Trade regarding format and comment period).
ii.
Procedures for
handling notifications issued by other Members of the Agreement, for issuing
notifications from domestic sources, and for handling comments on notifications
received or issued.
c.
Publication:
i.
Refer to the
provisions of Articles 2.9.1 and 2.11; 3.1(in relation to 2.9.1 and 2.11);
5.6.1 and 5.8; 7.1, 8.1 and 9.2 (in relation to 5.6.1 and 5.8); 10.1.5; and
paragraphs J, L and O of Annex 3 of the Agreement.
ii.
Procedures for
ensuring compliance with these provisions of the Agreement, including any
publications by the enquiry point(s).
a.
Data bank
(content and form of documents, e.g. paper, microfilm, computer, etc.).
b.
Access to data
(retrieval system: manual, tape, on-line; software used).
c.
Languages used.
d.
Translation, if
any.
e.
Brief description
of the Agreement: objectives, date of entry into force, date joined, status in
domestic law.
f.
List of Members
of the Agreement.
g.
List of enquiry
points of other Members.
_______________
|
|
|
|
|
|
|
G/TBT/TA
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee on Technical Barriers to Trade
|
Original:
English
|
|
|
|
Voluntary Notification
of Specific Technical Assistance
Needs or Responses
|
1.
|
Notifying Member (including,
if applicable, an indication of relevant bodies)
................................................................................................................................
|
|
2.
|
The technical assistance
activity needed or provided may be relevant to the following Article(s) of
the TBT Agreement[200]:
[ ... ] Articles 2 and 3 on
technical regulations
[ ... ] Article 4 and Annex 3 on
standards and the Code of Good Practice
[ ... ] Articles 5, 7 and 8 on
development of conformity assessment procedures
[ ... ] Article 6 on recognition of
conformity assessment
[ ... ] Article 9 on international
and regional systems for conformity assessment
[ ... ] Articles 2, 5 and 10 on
information exchange (e.g. notifications, enquiry point)
[ ... ] Article 11 on technical
assistance to other Members
[ ... ] Article 12 on special and
differential treatment of developing country Members
[ ... ] Article 13 on the TBT
Committee (participation in work of TBT Committee)
[ ... ] Other:
............................................................................................................
|
|
3.
|
Brief description of
objective and rationale of the technical assistance activity, including, if
possible, an estimation of the resources needed or on offer (e.g., financial
or man-hours)[201]:
...............................................................................................................................
|
|
4.
|
Nature and timing of
technical assistance activity needed or on offer (key words):
Type of assistance
[ ... ] Awareness raising
[ ... ] Needs assessment
[ ... ] Skills training
[ ... ] Infrastructure development
[ ... ] Other:
................................................................................................................
Policy area covered
[ ... ] Technical regulations
[ ... ] Conformity assessment
procedures
[ ... ] Standardization
[ ... ] Information exchange
[ ... ] Other:
................................................................................................................
Mode of delivery
[ ... ] Workshop, seminar or other
event
[ ... ] Project-based activity
[ ... ] Other:
...............................................................................................................
Dates
[ ... ] Envisaged start date for
activity: ......................................................................
[ ... ] Estimated duration:
..........................................................................................
|
|
5.
|
Further information available
from:
[ ... ] National enquiry point.
[ ... ] Other contact point [202]:......................................................................................
[ ... ] Other reference[203]:...........................................................................................
|
_______________
|
|
|
|
|
|
|
G/TBT/CS/N/
|
|
Date
|
|
(00-0000)
|
Page:
|
|
Committee on Technical Barriers to Trade
|
|
|
|
|
Under paragraph C of the Code of Good
Practice for the Preparation, Adoption and Application of Standards contained
in Annex 3 to the WTO Agreement on Technical Barriers to Trade,
"Standardizing bodies that have accepted or withdrawn from this Code shall
notify this fact to the ISO/IEC Information Centre in Geneva." The
following notification conveyed to the Secretariat from the ISO/IEC Information
Centre is being circulated for the information of Members.
NOTIFICATION
UNDER PARAGRAPH C OF THE WTO TBT CODE OF GOOD PRACTICE
Notification of Acceptance
|
Country/Customs Territory/Regional
Arrangement:
|
|
Name of standardizing body:
|
|
Address of standardizing body:
|
|
|
Telephone:
|
Fax:
|
|
|
E-mail:
|
Internet:
|
|
Type of standardizing body:
|
|
[ ] central governmental
|
[ ] local governmental
|
[ ] non-governmental
|
|
Scope of current and expected
standardization activities:
|
|
Date:
|
|
|
|
|
|
_______________
Form A
ISO/IEC Information Centre
International Organization for
Standardization
Case postale 56
CH-1211 GENEVA 20
Switzerland
NOTIFICATION
UNDER PARAGRAPH C OF THE WTO TBT* CODE OF
GOOD PRACTICE
(Notification of acceptance of the WTO TBT
Code of Good Practice)
Country (or regional
arrangement): ...........................................................................
Name of standardizing
body:
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
Address of
standardizing body:
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
Telephone: .......................... Telefax: ........................... Telex: ..........................
E-mail:
...............................................................................................................
Type of standardizing
body:
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
Scope of current and
expected standardization activities: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The above indicated standardizing body hereby
notifies its acceptance of the Code of Good
Practice for the Preparation, Adoption and Application of Standards
presented in Annex 3 to the WTO Agreement on
Technical Barriers to Trade.
.................................................................................................................
(Name)(Signature)(Date)
..............................................
(Title)
*WTO - World Trade Organization, TBT -
Agreement on Technical Barriers to Trade
Form B
ISO/IEC Information Centre
International Organization for
Standardization
Case postale 56
CH-1211 GENEVA 20
Switzerland
NOTIFICATION
UNDER PARAGRAPH C OF THE WTO TBT* CODE OF
GOOD PRACTICE
(Notification of withdrawal from the WTO TBT
Code of Good Practice)
Country (or regional
arrangement): ...........................................................................
Name of standardizing
body:
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
The above indicated standardizing body hereby
notifies its withdrawal from the Code of
Good Practice for the Preparation, Adoption and Application of Standards
presented in Annex 3 to the WTO Agreement on
Technical Barriers to Trade.
.................................................................................................................
(Name)(Signature)(Date)
..............................................
(Title)
*WTO - World Trade Organization
TBT - Agreement on Technical Barriers to
Trade
Form
C
ISO/IEC Information Centre
International Organization for
Standardization
Case postale 56
CH-1211 GENEVA 20
Switzerland
NOTIFICATION
UNDER PARAGRAPH J OF THE WTO TBT* CODE OF
GOOD PRACTICE
(Notification of existence of work programme)
Country (or regional
arrangement): ...........................................................................
Name of standardizing
body:
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
Address of
standardizing body:
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
Telephone: .......................... Telefax: ........................... Telex: ..........................
E-mail:
...............................................................................................................
|
1. Name and issue of the publication in which
the work programme is published: ............
|
|
......................................................................................................................
|
|
......................................................................................................................
|
|
2. The period to which the work programme
applies: ...............................................
|
|
3. The price of the work programme (if any):
.........................................................
|
|
4. How and where the work programme can be
obtained: ..........................................
|
|
......................................................................................................................
|
|
......................................................................................................................
|
|
......................................................................................................................
|
|
,.....................................................................................................................
|
.................................................................................................................
(Name)(Signature)(Date)
..............................................
(Title)
*WTO - World Trade Organization
TBT - Agreement on Technical Barriers to
Trade