The TBT Committee WTO, Trade and Environment Division

The TBT Committee

WTO, Trade and Environment Division

Institutional Aspects

Representatives of each MemberRepresentatives of each Member

Composition

TBT Art. 13

Chairperson of the TBT Committee

The Committee elects a ChairpersonThe Committee elects a Chairperson

The Chairperson holds office until the end of the first meeting of the following year

The Chairperson holds office until the end of the first meeting of the following year

Participates in the proceedings as such and not as the representative of a Member

Participates in the proceedings as such and not as the representative of a Member

TBT Art. 13

Provides the opportunity of consulting on any matters relating to the operation of the Agreement or the

furtherance of its objectives

Provides the opportunity of consulting on any matters relating to the operation of the Agreement or the

furtherance of its objectives

Objectives

TBT Art. 13

Specific Trade Concerns

Annual/Triennial Reviews

Objectives

TBT Art. 13

Establishes working parties or other bodies as may be appropriate, which shall carry out such responsibilities

as may be assigned to them by the Committee

Establishes working parties or other bodies as may be appropriate, which shall carry out such responsibilities

as may be assigned to them by the Committee

It is understood that unnecessary duplication should be avoided between the work under this Agreement and

that of governments in other technical bodies.

It is understood that unnecessary duplication should be avoided between the work under this Agreement and

that of governments in other technical bodies.

Objectives

TBT Art. 12.8

The TBT Committee is enabled to grant,upon request, specified, time-limited exceptions in whole

or in part from obligations under this Agreement

The TBT Committee is enabled to grant,upon request, specified, time-limited exceptions in whole

or in part from obligations under this Agreement

Special and Differential Treatment of Developing

Country Members

Meetings of the TBT Committee

Meets as necessary, but not less than once a year

Meets as necessary, but not less than once a year

Convened by the Director-General by a notice (airgram)

Convened by the Director-General by a notice (airgram)

Usually 3 times a year

Organization of the Meetings

A list of the items proposed for the agenda of the meeting shall be communicated to Members

together with the convening notice for the meeting

A list of the items proposed for the agenda of the meeting shall be communicated to Members

together with the convening notice for the meeting

Requests for items to be placed on the agenda of a forthcoming meeting shall be communicated to the

Secretariat in writing

Requests for items to be placed on the agenda of a forthcoming meeting shall be communicated to the

Secretariat in writing

Agenda for Last Meeting 23 March 2004

WTO/AIR/2253 23 FEBRUARY 2004 SUBJECT: COMMITTEE ON TECHNICAL BARRIERS TO TRADE THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE WILL HOLD ITS NEXT MEETING ON TUESDAY, 23 MARCH 2004. THE MEETING WILL BEGIN AT 10 A.M. IN THE CENTRE WILLIAM RAPPARD. IT WILL BE PRECEDED BY AN INFORMAL MEETING ON 22 MARCH STARTING AT 3 P.M. THE FOLLOWING ITEMS ARE PROPOSED FOR THE AGENDA: 1. ADOPTION OF THE AGENDA 2. IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT (A) STATEMENTS FROM MEMBERS UNDER ARTICLE 15.2 (B) SPECIFIC TRADE CONCERNS (C) OTHER MATTERS 3. TRIENNIAL REVIEW (A) ISSUES ARISING FROM THE THIRD TRIENNIAL REVIEW (i) GOOD REGULATORY PRACTICE (ii) TRANSPARENCY PROCEDURES (iii) CONFORMITY ASSESSMENT (iv) TECHNICAL ASSISTANCE (v) OTHER MATTERS (B) PREPARATION OF FOURTH TRIENNIAL REVIEW

WTO/AIR/2253 23 FEBRUARY 2004 SUBJECT: COMMITTEE ON TECHNICAL BARRIERS TO TRADE THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE WILL HOLD ITS NEXT MEETING ON TUESDAY, 23 MARCH 2004. THE MEETING WILL BEGIN AT 10 A.M. IN THE CENTRE WILLIAM RAPPARD. IT WILL BE PRECEDED BY AN INFORMAL MEETING ON 22 MARCH STARTING AT 3 P.M. THE FOLLOWING ITEMS ARE PROPOSED FOR THE AGENDA: 1. ADOPTION OF THE AGENDA 2. IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT (A) STATEMENTS FROM MEMBERS UNDER ARTICLE 15.2 (B) SPECIFIC TRADE CONCERNS (C) OTHER MATTERS 3. TRIENNIAL REVIEW (A) ISSUES ARISING FROM THE THIRD TRIENNIAL REVIEW (i) GOOD REGULATORY PRACTICE (ii) TRANSPARENCY PROCEDURES (iii) CONFORMITY ASSESSMENT (iv) TECHNICAL ASSISTANCE (v) OTHER MATTERS (B) PREPARATION OF FOURTH TRIENNIAL REVIEW

Agenda for Last Meeting 23 March 2004

4. NINTH ANNUAL REVIEW OF: (A) THE IMPLEMENTATION AND OPERATION OF THE TBT AGREEMENT

UNDER ARTICLE 15.3 (G/TBT/14 – TO BE ISSUED) (B) THE CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION

AND APPLICATION OF STANDARDS IN ANNEX 3 OF THE AGREEMENT (WTO TBT STANDARDS CODE DIRECTORY, NINTH EDITION; G/TBT/CS/1/ADD.8 AND G/TBT/CS/2/REV.10 – TO BE ISSUED)

5. TECHNICAL COOPERATION 6. OBSERVERS (A) REQUESTS FOR OBSERVER STATUS (B) UPDATING BY OBSERVERS 7. ELECTION OF CHAIRPERSON 8. OTHER BUSINESS 9. DATE OF NEXT MEETING THE MINUTES OF THE LAST MEETING OF THE TBT COMMITTEE ARE CONTAINED IN DOCUMENT G/TBT/M/31. MEMBERS OF THE WTO, OTHER GOVERNMENTS WITH OBSERVER STATUS AND INTERNATIONAL ORGANIZATIONS GRANTED OBSERVER STATUS IN THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE ARE REQUESTED TO INFORM THE SECRETARIAT OF THE NAMES OF THEIR REPRESENTATIVES.

SUPACHAI PANITCHPAKDI

4. NINTH ANNUAL REVIEW OF: (A) THE IMPLEMENTATION AND OPERATION OF THE TBT AGREEMENT

UNDER ARTICLE 15.3 (G/TBT/14 – TO BE ISSUED) (B) THE CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION

AND APPLICATION OF STANDARDS IN ANNEX 3 OF THE AGREEMENT (WTO TBT STANDARDS CODE DIRECTORY, NINTH EDITION; G/TBT/CS/1/ADD.8 AND G/TBT/CS/2/REV.10 – TO BE ISSUED)

5. TECHNICAL COOPERATION 6. OBSERVERS (A) REQUESTS FOR OBSERVER STATUS (B) UPDATING BY OBSERVERS 7. ELECTION OF CHAIRPERSON 8. OTHER BUSINESS 9. DATE OF NEXT MEETING THE MINUTES OF THE LAST MEETING OF THE TBT COMMITTEE ARE CONTAINED IN DOCUMENT G/TBT/M/31. MEMBERS OF THE WTO, OTHER GOVERNMENTS WITH OBSERVER STATUS AND INTERNATIONAL ORGANIZATIONS GRANTED OBSERVER STATUS IN THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE ARE REQUESTED TO INFORM THE SECRETARIAT OF THE NAMES OF THEIR REPRESENTATIVES.

SUPACHAI PANITCHPAKDI

Any WTO Member

Submit documents

Participate in reviews

Submit notifications

Participate in meetings and events

TBT Committee:Documents

Available on the WTO web siteG/TBT/

Minutes of meetings Notifications

Submissions by Members

Notes by the Secretariat

Information from observers

Special events

Workshops often have funding for the participation of developing country Members

In 2003Workshop on Technical Assistance

Learning event on labelling

Future events

Special meeting for Information Exchange

Dedicated Session on Conformity assessment procedures

Reviews

Reviews

Annual review Triennial review

Reviews of the operation and implementation of

the Agreement

Reviews of the operation and implementation of

the Agreement

TBT TBT Art. 15.3-4Art. 15.3-4

The TBT Committee

TBT TBT Art. 15.4Art. 15.4

Triennial review

With a view to recommending adjustments of the rights and obligations

of the Agreement where necessary

Designed to ensure mutual economic advantage and balance of rights and

obligations

3 Triennial Reviews

1st Triennial Review1st Triennial Review November 1997November 1997

2nd Triennial Review2nd Triennial Review November 2000November 2000

3rd Triennial Review3rd Triennial Review November 2003November 2003

Annex 4: Decision of the Committee on Principles for the Development of International

Standards, Guides and Recommendations

The Results of the Third Triennial Review

Third Triennial Review (2003)

The following elements were discussedThe following elements were discussed

Implementation & Administration


Good Regulatory Practices


Conformity Assessment Procedures


Technical Assistance and S&D


Other Elements

Other Elements

Transparency Procedures







TBT Art. 15.2

Each Member shall, promptly after the date on which the WTO Agreement enters into force for it, inform the

Committee of measures in existence or taken to ensure the implementation and administration of the Agreement

Each Member shall, promptly after the date on which the WTO Agreement enters into force for it, inform the

Committee of measures in existence or taken to ensure the implementation and administration of the Agreement

92 Members have submitted their statements under Article 15.2


TBT Art. 10.1

Each Member shall ensure that an enquiry point exists which is able to answer all reasonable enquiries from

other Members and interested parties in other Members

Each Member shall ensure that an enquiry point exists which is able to answer all reasonable enquiries from

other Members and interested parties in other Members

121 Members have submitted information on their national enquiry points


To seek assistance from other Members that have done so to share their knowledge and experience

To seek assistance from other Members that have done so to share their knowledge and experience

Recommendation

The Committee invites Members







Good Regulatory Practices (GRP)

GRP can contribute to the effective implementation of the TBT Agreement

GRP can contribute to the effective implementation of the TBT Agreement

In the avoidance of unnecessary obstacles to trade in the preparation, adoption and application of technical regulations and

CAPs, including those related to labelling

In the avoidance of unnecessary obstacles to trade in the preparation, adoption and application of technical regulations and

CAPs, including those related to labelling


Equivalency can be an element of good regulatory practice

Equivalency can be an element of good regulatory practice

Importance of regulators considering the use of different approaches to fulfill legitimate objectives and their taking into account the

least-trade restrictive options available to them

Importance of regulators considering the use of different approaches to fulfill legitimate objectives and their taking into account the

least-trade restrictive options available to them


Recommendations

The Committee agrees to

Invite Members to exchange experiences related to the identification of elements of GRP at the domestic level

Invite Members to exchange experiences related to the identification of elements of GRP at the domestic level

Continue its exchanges on Members’ experiences and focus its discussion, on, inter alia, choice of policy instruments, mandatory versus voluntary measures …

Continue its exchanges on Members’ experiences and focus its discussion, on, inter alia, choice of policy instruments, mandatory versus voluntary measures …

Initiate a process of sharing experiences on equivalency in the Committee particularly with regard to how the concept is implemented in practice

Initiate a process of sharing experiences on equivalency in the Committee particularly with regard to how the concept is implemented in practice









More than 60 day comment period should be provided to developing countries

More than 60 day comment period should be provided to developing countries

Requests to Enquiry Points should be in one of the WTO languagesRequests to Enquiry Points should be in one of the WTO languages

Responses to comments in writing, and possibly shared with the TBT Committee (on a voluntary basis)

Responses to comments in writing, and possibly shared with the TBT Committee (on a voluntary basis)

Disseminate comments and responses by means of national websitesDisseminate comments and responses by means of national websites

Art. 10.5 – developed countries should provide translations of documents covered by notifications without being requested

Art. 10.5 – developed countries should provide translations of documents covered by notifications without being requested

Electronic transmission to the SecretariatElectronic transmission to the Secretariat

On Handling of comments


Feasibility of creating a central depository for notifications on the WTO website

Feasibility of creating a central depository for notifications on the WTO website

Paragraph L of the Code: electronic publication of the notice can constitute another possibility of fulfilling the transparency

obligations

Paragraph L of the Code: electronic publication of the notice can constitute another possibility of fulfilling the transparency

obligations

On electronic transmission of information


Amendments to notifications should carry the same document symbol as the original notification

Amendments to notifications should carry the same document symbol as the original notification

Share with the Committee (voluntary basis) follow up information on issues previously brought to its attention

Share with the Committee (voluntary basis) follow up information on issues previously brought to its attention

On Follow up technical regulations and CAPs brought to the attention of the Committee












Importance of using international guides and recommendations

Importance of using international guides and recommendations

Acceptance of results whenever possible

Acceptance of results whenever possible

The Committee reiterates/

stresses


Recommendations

Work Programme

on CA

Exchange information and experiences and hold a workshop on SDoC

Exchange information and experiences and hold a workshop on SDoC

Exchange information & experiences on

Exchange information & experiences on

Use of relevant IS, guides & recommendations

Use of relevant IS, guides & recommendations

existing CAPs & practices,

existing CAPs & practices,

Participation of Members in accreditation schemes

Participation of Members in accreditation schemes


CAP: How is it carried out?

Supplier’s declaration of Conformity

Procedure by which a supplier gives written assurance that a

product or process conforms to specified requirements

Procedure by which a supplier gives written assurance that a

product or process conforms to specified requirements

Conformity Assessment by a Second party

Procedure by which a second party assures that a product conforms to

specified requirements

Procedure by which a second party assures that a product conforms to

specified requirements

Conformity Assessment by a Third party

Procedure by which a third and independent party gives written

assurance that a product or process conforms to specified requirements

Procedure by which a third and independent party gives written

assurance that a product or process conforms to specified requirements

Second Triennial Review of the TBT Agreement

When used in appropriate circumstances and for certain sectors, it can

Allow flexibilityAllow flexibility

Provide non-discriminatory treatment in the choice of

location for testing

Provide non-discriminatory treatment in the choice of

location for testing

Reduce uncertainty associated with CAPs in

foreign countries

Reduce uncertainty associated with CAPs in

foreign countries

Allow cost-savingAllow cost-saving

Supplier’s Declarations, A less onerous approach


Depends on...

market surveillance

Characteristics of the sector/productCharacteristics of the sector/product

Relevant product risks (health, consumer safety, environment issues)

Appropriate conditionsAppropriate conditions

Legislative framework & infrastructure to safeguards against non-compliance

product liability laws

Supplier’s Declarations may not always be appropriate


Difficult to meet CAPs requirements in export marketsDifficult to meet CAPs requirements in export markets

Limited domestic physical and technical resources (lack of accredited laboratories recognized internationally – lack of

equipment – different methodologies and results)

Limited domestic physical and technical resources (lack of accredited laboratories recognized internationally – lack of

equipment – different methodologies and results)

Lack of human resources (e.g. practitioners)Lack of human resources (e.g. practitioners)

Difficulties in the implementation of relevant international guides and recommendations

Difficulties in the implementation of relevant international guides and recommendations

High costs and legal difficulties in obtaining foreign accreditation

High costs and legal difficulties in obtaining foreign accreditation

Developing countries concerns (in particular SMEs)

Recommendations

Work Programme on

CA (cont’d) Hold a workshop on the different approaches to conformity assessment,

including on the acceptance of conformity assessment results

Hold a workshop on the different approaches to conformity assessment,

including on the acceptance of conformity assessment results

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

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
























Other Elements

Other Elements



Other Elements

The Committee agrees to

That the ISO/IEC could be invited to provide information to the Committee on the revised ISO/IEC Guide 2: 1991

That the ISO/IEC could be invited to provide information to the Committee on the revised ISO/IEC Guide 2: 1991

Continue to consider labelling concerns in its discussions in the context of the implementation and operation of the Agreement

Continue to consider labelling concerns in its discussions in the context of the implementation and operation of the Agreement

Specific Trade Concerns

Trade concerns: what can you do?

Comment on notification - new measure

Request explanation of measure from Enquiry Point or Member - existing measure

Bilateral consultations

Raise issue at the TBT Committee

Request consultations

Dispute settlement provisions (Panel)

Roadmap for the solution of trade concerns

Lighters Producer in Country A

Wants to export lighters in Country B

A Draft Technical regulation on lighters in Country B has just been notified in order to protect human health

from the explosion of these lighters

Country A received notification of Country B’s technical regulation through its Enquiry point


WORLD TRADE

ORGANIZATION G/TBT/N/

(00-0000)

Committee on Technical Barriers to Trade

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6.

1.

Member to Agreement notifying: 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:

The Enquiry point of Country A circulates Country B’s notification to all national interested parties

Country B indicates that it will take Country A’s comments into account

The regulation is more trade restrictive than necessary to protect health

Country A sends these comments to Country B

Lighters’ industry provides comments to the EP of Country A

Because a less trade restrictive way would be to indicate on the lighter label

that it should not stay in the sun!


Lighter’s industry pressures the government to do something about it

However, lighter’s industry in country A considers that the modified Country B’s regulation is still more trade

restrictive than necessary


Country B answers that concerns will be transmittedto capital and replied to at the next meeting

The government of Country A raises the concern at the multilateral level in the TBT Committee


Country B amends its draft technical regulation to reflect Country A’s concerns

Country B enters into consultations with Country A


Country B does not share Country A’s concerns and eventually adopts the

draft regulation as it is

2 possibilities...

Country A requests consultations with Country B before the DSB

A panel is established...

Country A can now export to Country B

its lighters


Specific trade concerns raised in the Committee from 1995-2003

How Many? Approximately 110 concerns raised

Who? On measures taken by ≈ 25 Members

Specific trade concerns raised in the Committee from 1995-2003

On What?

Food products, beverages and spirits

Chemical products

Textiles products

Machinery and mechanical appliances /electrical equipment

Vehicles, aircraft, vessels and associated transport equipment

Some typical type of concerns

More trade restrictive than necessary

Discriminatory

Rationale for the measure

Failure/Delay to notify

Entry into force of the measure

Failure to reply to comments

Not in line with international standards

Most of the trade concerns raised are dealt with bilaterally