DRAFT Ministerial Declaration on strengthening regulatory
cooperation to reduce technical barriers to trade
SUBMISSION BY AUSTRALIA; CAMEROON; CANADA; CHINA; COLOMBIA;
THE EUROPEAN UNION; HONG KONG, CHINA; JAPAN; JORDAN; KAZAKHSTAN; the REPUBLIC
OF KOREA; the state of kuwait; MACAO, CHINA; MYANMAR; NEW ZEALAND; NICARAGUA;
NORWAY; PAKISTAN; SEYCHELLES; SINGAPORE; SWITZERLAND; THE UNITED KINGDOM;
the united states AND THE BOLIVARIAN REPUBLIC OF VENEZUELA
The following communication, dated 13 February
2024, is being circulated at the request of the delegations of Australia;
Cameroon; Canada; China; Colombia; the European Union; Hong Kong, China; Japan;
Jordan; Kazakhstan; the Republic of Korea; the State of Kuwait; Macao, China;
Myanmar; New Zealand; Nicaragua; Norway; Pakistan; Seychelles; Singapore;
Switzerland; the United Kingdom; the United States and the Bolivarian
Republic of Venezuela.
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1. We acknowledge that the work of the
WTO Committee on Technical Barriers to Trade (TBT Committee) has been
instrumental in advancing the implementation of the Agreement on Technical
Barriers to Trade (TBT Agreement) and keeping the TBT Agreement dynamic since
1995 particularly through the Triennial Review process. In this regard, we
recognize the good practices developed by the TBT Committee in the areas of
transparency and notifications, managing trade interests (e.g. specific trade
concerns), decisions and recommendations (e.g. the decision of the Committee on
Principles for the Development of International Standards[1]),
information exchange (e.g. thematic sessions) and efficient use of digital
tools (e.g. ePing; eAgenda).
2. We reaffirm that the TBT Agreement
remains relevant to modern global trade challenges and emerging policy
concerns, including measures taken to address climate change, the digital
economy and global health pandemics. The TBT Agreement provides a unique multilateral
framework for regulatory cooperation that is essential to avoid and reduce
unnecessary barriers to trade. We note, for example, that close regulatory
cooperation among Members was fundamental in addressing the COVID-19 pandemic
by facilitating trade through the reduction or suspension of unnecessary
regulatory barriers, use of international standards or temporary recognition of
multiple standards, and decreasing unnecessary costs.
3. We also recognize the important
role of the Committee discussing regulatory cooperation in promoting good
regulatory practices for both developed and developing Members.
4. We recall that the TBT Committee
was established with the explicit mandate of affording Members the opportunity
to consult on any matters relating to the operation of the TBT Agreement and
the furtherance of its objectives.[2] In
this regard, we seek to promote and further enhance the Committee's role in
supporting transparency, regulatory cooperation and collaboration between
Members within the scope of this Agreement.
5. In light of the above, the
Ministerial Conference:
a._
Affirms that regulatory cooperation helps
to avoid and reduce unnecessary barriers to trade. Cooperation
assists Members in meeting cross border and global challenges, and builds
confidence between trading partners through mutual understanding and dialogue.
This contributes to the development of effective and efficient technical
regulations and avoids regulatory differences and unnecessary divergence;
b._
Notes that cooperation on emerging
issues – particularly in the context of international standards development and
adoption - provides an opportunity to promote regulatory convergence where
appropriate.
c._
Encourages Members to engage early in
exchange of comments on draft regulations and signal willingness to work
together in order to identify and mitigate potential regulatory differences or
more trade restrictive than necessary obstacles to trade before regulatory changes are
finalised;
d._
Urges the Committee to enhance its
Member-driven work on immediate and emerging regulatory challenges, including
but not limited to the areas of climate change, sustainable development,
digital economy, and human health, and stresses
the importance of promoting dialogue between Members, including among competent
authorities and bodies;
e._
Underlines the importance of transparency as a key building block for constructive
engagement and encourages making information on all related technical
regulations/conformity assessment procedures publicly available, continued
refinement of related Committee notifications and use of digital tools to
improve the global trading and business environment;
f._
Encourages Members, as a means of enhancing
the predictability of the business environment and access to regulatory
information, to implement the TBT Committee recommendation on notification
formats and notification of adopted final text of measures[3];
g._
Promotes the further development,
enhancement and adoption of digital tools, including ePing and eAgenda, for
early engagement on TBT matters and deliver training on how to use these which
will support the proper functioning of the TBT Agreement.
h._
Stresses the importance of technical
assistance and capacity building to address challenges facing developing
Members, especially in the area of transparency and quality infrastructure;
and,
i._
Promotes international recognition
arrangements for accreditation, which can facilitate the acceptance of
conformity assessment procedures.
6. The Ministerial Conference supports the TBT Committee advancing work
on these points in the context of the Tenth Triennial Review of the TBT
Agreement based on proposals from Members (e.g. regular meetings, thematic
sessions, informal meetings and working groups as necessary), and reporting to
the Council for Trade in Goods with recommendations,
as appropriate.
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[1] _G/TBT/9,
13 November 2000, para. 20 and Annex 4.
[2] Article 13.1 of the TBT Agreement.
[3] _G/TBT/1/Rev.15,
page 43.