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

Institutional Aspects

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

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

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

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.

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

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)

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

Agenda for Last Meeting 23 March 2004

Agenda for Last Meeting 23 March 2004

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

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

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

Reviews

Reviews of the operation and implementation of the Agreement TBT Art. 15.3-4 Annual review Triennial review

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

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

The Results of the Third Triennial Review

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

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

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

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

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

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

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

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

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

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

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. 10.5 – 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 Request consultations Bilateral consultations Raise issue at the TBT Committee Dispute settlement provisions (Panel)

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

Roadmap for the solution of trade concerns

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

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

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

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

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...

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 Food products, beverages and spirits Chemical products On What? 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