Committee on Technical Barriers to Trade - Commenting on a TBT notification - Good practice guide - Note by the Secretariat

Commenting on a TBT Notification

GOOD PRACTICE Guide

Note by the Secretariat[1]

In the Ninth Triennial Review, the TBT Committee adopted a recommendation under the topic of technical assistance to develop a good practice guide on how to prepare a comment on a TBT notification.[2] This Good Practice Guide[3] is primarily intended to assist TBT enquiry points in managing the commenting process. It can also serve as a useful reference for other stakeholders looking for guidance on how they may best use and engage with the commenting process.

_______________

 

 


 

TABLE OF CONTENTS

1  INTRODUCTION.. 3

2  OVERVIEW OF THE COMMENTING PROCESS. 3

2.1  Definition and purpose of a comment 3

2.2  Provisions on commenting in the TBT Agreement 4

2.3  Benefits of comments and replies. 5

3  Institutional arrangements and stakeholders. 6

3.1  Role of the TBT Enquiry Point 6

3.2  Domestic stakeholders. 7

3.3  Regional and international coordination. 8

4  preparing and sending comments. 8

4.1  Setting up alerts to receive notifications and managing translations. 8

4.2  Deciding to comment 8

4.3  Preparation of comments. 9

4.4  Submission of comments. 10

4.5  Awaiting a response. 11

5  Responding to comments. 11

5.1  On receipt of comments. 11

5.2  Managing requests for extensions. 12

5.3  Drafting a response. 12

5.4  Sending the response. 12

6  ANNEXES. 14

ANNEX A: Useful links. 14

ANNEX B: Case studies. 14

 


 

1  INTRODUCTION

1.1.  Transparency provisions – in all WTO agreements - are essentially about access to information. Transparency is also a cornerstone of the WTO's Technical Barriers to Trade Agreement (the "TBT Agreement"). It facilitates dialogue and cooperation among Members, encourages stakeholder engagement, increases predictability, and contributes to reducing unnecessary trade restrictions.

1.2.  Notifications are integral to transparency. In the context of the TBT Agreement, this is mainly about the notification of proposed technical regulations and conformity assessment procedures, which may affect trade. This information is valuable to a wide variety of stakeholders, domestic and international. The comment period denotes the time provided for Members to respond in writing to notifications. The ePing SPS&TBT Platform[4] facilitates, among other functions, access to and communication concerning these notifications.

1.3.  The TBT Committee has adopted a series of decisions and recommendations regarding notifications and the commenting process, which have been reflected as appropriate throughout this guide.[5] These include recommendations that Members use specific formats to notify, provide no less than 60 days for comments and plan a "reasonable interval" of normally six months between the publication and entry into force of a measure.



[1] This document has been prepared under the Secretariat's own responsibility and is without prejudice to the positions of Members or to their rights and obligations under the WTO.

[2] _G/TBT/46, para. 7.13.b.

[3] Following deliberations in the Transparency Working Group, this document has been prepared based on inputs from a volunteer group of Enquiry Points (Australia, Kenya, Namibia, Peru, Philippines, South Africa, and the United States).

[5] See _G/TBT/1/Rev.15, Section 6 for all TBT Committee decisions and recommendations related to transparency.