IMPLEMENTATION AND
ADMINISTRATION OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE
COMMUNICATION
FROM CHILE
Revision
The
following communication under Article 15.2 of the Agreement on Technical
Barriers to Trade has been received from the delegation of Chile.
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1. Please
be informed of the repeal of Decree No. 77 of the Ministry of the Economy,
Development and Reconstruction, published in the Official Journal of 14 June
2004, which contains implementing regulations for Title I of Law No. 19.912.
Decree No. 77 is replaced by Decree No. 316 of the Under-Secretariat for
International Economic Relations of the Ministry of Foreign Affairs, published
in the Official Journal of 7 July 2023, which approves the regulations under
Article 28.11 of Law No. 21.080 with regard to the notification of technical
regulations and conformity assessment procedures to the World Trade
Organization and other related obligations, and sets out the requirements to be
met by the relevant bodies when drawing up, adopting and implementing technical
regulations and conformity assessment procedures.
2. This
Decree establishes principles to be observed in the context of good regulatory
practice, such as using international standards as a basis, not creating unnecessary
barriers to trade, national treatment and most-favoured-nation treatment. In
the main section, it establishes an obligation to hold consultations on draft
technical regulations (60 days as a general rule) and to inform the
Under-Secretariat for International Economic Relations so that it can notify
them to the WTO. Moreover, it establishes, as a general rule, a period of six
months between the adoption and the implementation of the technical regulations
in order to give economic operators time to adapt to the new provisions. In
special circumstances, envisaged in the Agreement on Technical Barriers to
Trade, the period may be shorter.
3. Responsibility
for implementing and administering the Agreement on Technical Barriers to Trade
lies with the Under-Secretariat for International Economic Relations, and more
specifically its Trade Regulations Division, which in turn is the enquiry point
for technical regulations and related conformity assessment procedures. Its
duties relating to technical barriers accordingly include notification of the
WTO and further processing required by the notification procedure; that is, it
receives comments on notified draft regulations and channels replies to these
comments.
4. Notices
concerning the preparation of technical regulations and related conformity
assessment procedures, are published on their websites for example, by the
institutions that have the authority to draw them up (Ministries and other
government bodies involved in the specific area to be regulated). Once adopted,
the regulations and conformity assessment procedures are published in the
Official Journal. The time limit for presenting written comments is not less
than 60 days, except in emergencies. With regard to the service specified in
Article 10.1 of the Agreement, the following is now fully operational: For
technical regulations, the enquiry point is the Trade Regulations Division of
the Under-Secretariat for International Economic Relations. The address is:
Teatinos 180, piso 11, Santiago, Chile; Tel.: (+56 2) 2827 5491; Email:
tbt_chile@subrei.gob.cl.
5. The
text of the Decree is available at:
https://www.diariooficial.interior.gob.cl/publicaciones/2023/07/07/43595/01/2339759.pdf
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