1. WTO, Trade and Environment Division
The TBT Committee
WTO, Trade and Environment Division

2. Institutional Aspects

3. Representatives of each Member
Composition
TBT Art. 13
Representatives of each Member

4. Chairperson of the TBT Committee
TBT Art. 13
The Committee elects a Chairperson
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

5. Specific Trade Concerns Annual/Triennial Reviews
Objectives
TBT Art. 13
Provides the opportunity of consulting on any matters relating to the operation of the Agreement or the furtherance of its objectives
Specific Trade Concerns
Annual/Triennial Reviews

6. 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
It is understood that unnecessary duplication should be avoided between the work under this Agreement and that of governments in other technical bodies.

7. 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
Special and Differential Treatment of Developing Country Members

8. Meetings of the TBT Committee
Meets as necessary, but not less than once a year
Usually 3 times a year
Convened by the Director-General by a notice (airgram)

9. 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
Requests for items to be placed on the agenda of a forthcoming meeting shall be communicated to the Secretariat in writing

10. Agenda for Last Meeting 23 March 2004

11. Agenda for Last Meeting 23 March 2004

12. Participate in reviews Participate in meetings and events
Any WTO Member
Submit documents
Participate in reviews
Submit notifications
Participate in meetings and events

13. TBT Committee: Documents
Available on the WTO web site G/TBT/
Minutes of meetings
Notifications
Submissions by Members
Notes by the Secretariat
Information from observers

14. Special events Workshop on Technical Assistance In 2003
Learning event on labelling
Special meeting for Information Exchange
Future events
Dedicated Session on Conformity assessment procedures
Workshops often have funding for the participation of developing country Members

15. Reviews

16. Reviews of the operation and implementation of the Agreement
TBT Art
Annual review
Triennial review

17. The TBT Committee Triennial review
With a view to recommending adjustments of the rights and obligations of the Agreement where necessary
TBT Art. 15.4
Triennial review
Designed to ensure mutual economic advantage and balance of rights and obligations

18. 3 Triennial Reviews 1st Triennial Review November 1997
2nd Triennial Review
November 2000
Annex 4: Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations
3rd Triennial Review
November 2003

19. The Results of the Third Triennial Review

20. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration
Good Regulatory Practices
Transparency Procedures
Other Elements
Technical Assistance and S&D
Conformity Assessment Procedures

21. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration

22. Implementation & Administration
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
92 Members have submitted their statements under Article 15.2

23. Implementation & Administration
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
121 Members have submitted information on their national enquiry points

24. Implementation & Administration
Recommendation
To seek assistance from other Members that have done so to share their knowledge and experience
The Committee invites Members

25. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration
Good Regulatory Practices

26. Good Regulatory Practices (GRP)
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

27. Good Regulatory Practices (GRP)
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
Equivalency can be an element of good regulatory practice

28. Good Regulatory Practices (GRP)
Recommendations
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 …
The Committee agrees to
Initiate a process of sharing experiences on equivalency in the Committee particularly with regard to how the concept is implemented in practice

29. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration
Good Regulatory Practices
Transparency Procedures

30. Transparency Procedures
On Handling of comments
More than 60 day comment period should be provided to developing countries
Requests to Enquiry Points should be in one of the WTO languages
Disseminate comments and responses by means of national websites
Art – developed countries should provide translations of documents covered by notifications without being requested
Responses to comments in writing, and possibly shared with the TBT Committee (on a voluntary basis)
Electronic transmission to the Secretariat

31. Transparency Procedures On electronic transmission of information
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

32. Transparency Procedures
On Follow up technical regulations and CAPs brought to the attention of the Committee
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

33. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration
Good Regulatory Practices
Transparency Procedures
Conformity Assessment Procedures

34. Conformity Assessment Procedures
Importance of using international guides and recommendations
The Committee reiterates/
stresses
Acceptance of results whenever possible

35. Conformity Assessment Procedures
Recommendations
Exchange information & experiences on
Use of relevant IS, guides & recommendations
existing CAPs & practices,
Participation of Members in accreditation schemes
Work Programme on CA
Exchange information and experiences and hold a workshop on SDoC

36. 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
Conformity Assessment by a Second party
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

37. Second Triennial Review of the TBT Agreement
Supplier’s Declarations, A less onerous approach
When used in appropriate circumstances and for certain sectors, it can
Provide non-discriminatory treatment in the choice of location for testing
Allow flexibility
Allow cost-saving
Reduce uncertainty associated with CAPs in foreign countries

38. Second Triennial Review of the TBT Agreement
Supplier’s Declarations may not always be appropriate
Characteristics of the sector/product
Relevant product risks (health, consumer safety, environment issues)
Depends on...
Appropriate conditions
Legislative framework & infrastructure to safeguards against non-compliance
product liability laws
market surveillance

39. Second Triennial Review of the TBT Agreement
Developing countries concerns (in particular SMEs)
Difficult 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)
Lack of human resources (e.g. practitioners)
Difficulties in the implementation of relevant international guides and recommendations
High costs and legal difficulties in obtaining foreign accreditation

40. Conformity Assessment Procedures Work Programme on CA (cont’d)
Recommendations
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
Work Programme on CA (cont’d)
Hold a workshop on the different approaches to conformity assessment, including on the acceptance of conformity assessment results

41. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration
Good Regulatory Practices
Transparency Procedures
Technical Assistance and S&D
Conformity Assessment Procedures

42. Third Triennial Review (2003)
The following elements were discussed
Implementation & Administration
Good Regulatory Practices
Transparency Procedures
Other Elements
Technical Assistance and S&D
Conformity Assessment Procedures

43. The Committee agrees to
Other Elements
Continue to consider labelling concerns in its discussions in the context of the implementation and operation of the Agreement
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

44. Specific Trade Concerns

45. Trade concerns: what can you do?
Comment on notification - new measure
Request explanation of measure from Enquiry Point or Member - existing measure
Request consultations
Bilateral consultations
Raise issue at the TBT Committee
Dispute settlement provisions (Panel)

46. Roadmap for the solution of trade concerns
Lighters Producer in Country A
Wants to export lighters in Country B
However...
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

47. Roadmap for the solution of trade concerns

48. Roadmap for the solution of trade concerns
The Enquiry point of Country A circulates Country B’s notification to all national interested parties
The regulation is more trade restrictive than necessary to protect health
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!
Country A sends these comments to Country B
Country B indicates that it will take Country A’s comments into account

49. Roadmap for the solution of trade concerns
However, lighter’s industry in country A considers that the modified Country B’s regulation is still more trade restrictive than necessary
Coordination is important !
To set a uniform country position !
Lighter’s industry pressures the government to do something about it

50. Roadmap for the solution of trade concerns
The government of Country A raises the concern at the multilateral level in the TBT Committee
Country B answers that concerns will be transmitted
to capital and replied to at the next meeting

51. Roadmap for the solution of trade concerns
Country B enters into consultations with Country A
Country B amends its draft technical regulation to reflect Country A’s concerns

52. Roadmap for the solution of trade concerns
2 possibilities...
Country A can now export to Country B its lighters
Country B does not share Country A’s concerns and eventually adopts the draft regulation as it is
Country A requests consultations with Country B before the DSB
DSB
A panel is established...

53. Specific trade concerns raised in the Committee from 1995-2003
How Many?
Approximately 110 concerns raised
Who?
On measures taken by ≈ 25 Members

54. Specific trade concerns raised in the Committee from 1995-2003
Food products, beverages and spirits
Chemical products
On What?
Textiles products
Machinery and mechanical appliances /electrical equipment
Vehicles, aircraft, vessels and associated transport equipment

55. 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