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1 Agreement on Technical Barriers to Trade and the IV Triennial Review II International Workshop on Conformity Assessment Rio de Janeiro 10 December 2006.

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Presentation on theme: "1 Agreement on Technical Barriers to Trade and the IV Triennial Review II International Workshop on Conformity Assessment Rio de Janeiro 10 December 2006."— Presentation transcript:

1 1 Agreement on Technical Barriers to Trade and the IV Triennial Review II International Workshop on Conformity Assessment Rio de Janeiro 10 December 2006 Presentation by Mr. Margers Krams Chairman of the TBT Committee

2 2 Outline of presentation TBT Agreement TBT Committee –Horizontal issues – Triennial Reviews Conformity Assessment Procedures as an element of the 4 th TR –Scope –Future work

3 3 Purpose of Agreement? avoidance of unnecessary obstacles to international trade allowing for regulatory autonomy to protect legitimate interests promotion of international standards

4 4 TBT Agreement is applicable to: “1.3 All products, including industrial and agricultural products, shall be subject to the provisions of this Agreement.”

5 5 Types of TBT measures - Technical Regulations - Conformity Assessment Procedures - Standards

6 6 Three key principles Articles 2.1, 2.2 and 2.4 - non-discrimination, - unnecessary obstacles to trade, - use of international standards

7 7 TBT Committee To discuss “matters relating to the operation of this Agreement or the furtherance of its objectives” (Article 13.1)

8 8 Vertical (specific) “Specific Trade Concerns”

9 9 Vertical (specific) Approximately 160 in TBT Committee

10 10 “REACH” Registration, Evaluation and Authorization of Chemicals (EC draft regulation) “WEEE” EC Waste Directive on electronic.... Labeling and certification of wood products (sustainability) Looking back: About 160 “specific trade concerns” have been raised in the TBT Committee since 1995, the following are three examples...

11 11 More trade restrictive than necessary Discrimination Rationale (legitimate objective) Failure/Delay to notify Entry into force of the measure Failure to reply to comments Not in line with international standards Typical issues

12 12 What to do if you have a specific trade concern? Request explanation / clarification from Enquiry Point Bilateral consultations Raise issue at TBT Committee meeting Request formal consultations (Dispute Settlement) (Solution)

13 13 Request explanation / clarification from Enquiry Point Bilateral consultations Raised in TBT Committee Request formal consultations Dispute 160160 (not raised formally) 1

14 14 Horizontal (general) issues Good regulatory practice Transparency procedures Conformity assessment Technical assistance / SDT Other (labelling, definitions etc.)

15 15 “TBT Triennial Reviews” (Article 15.4) Horizontal (general) issues

16 16 1995 199820012004 1 st Triennial ReviewThirdSecondFourth 2007 IV Triennial Review adopted by TBT Committee in November 2006 TBT Triennial Reviews: - Every three years - Review the operation and implementation - Recommend adjustment of the rights and obligations - Submit proposals for amendments

17 17 1st Triennial Review CA mentioned throughout the report with references to transparency, and use of international standards, guides or recommendations and with respect to: ― concern on restrictive effect of multiple CAP; ― SDoC that could be cost effective; ― accreditation as demonstration of technical competence; ― specific concerns and difficulties with concluding MRA; ― confidence building among Members; ― recognition of difficulties for developing countries; ― particular need for TA. To avoid duplication of CAP, Members agreed to: further discussions on ISO/IEC guides; exchange experience on various CAP; review the role of int’l and regional systems. Conformity Assessment in previous Triennial Reviews

18 18 2nd Triennial Review: Additionally to previous TR: ― CA among others mentioned in context of difficulties for implementations; ― adoption of principles for int’l standards, guides and recommendations for CA including a principle of revision of existing ones; ― development of an indicative list describing different approaches to facilitate acceptance of results of CA; ― further elaboration of aspects of SDoC, MRA and of difficulties faced by exporters of developing countries; ― noted TA provided and ― some work done at regional level pooling resources. Conformity Assessment in previous Triennial Reviews

19 19 3rd Triennial Review: Additionally to previous TRs: ― agreement on exchange of experiences on existing CAP and practices; ― on holding a SDoC workshop and on different approaches on CA including acceptance of results. Conformity Assessment in previous Triennial Reviews

20 20 - Good Regulatory Practice - Transparency procedures - Conformity Assessment Procedures - Technical Assistance - Special and Differential Treatment Six Elements of IV Triennial Review - Implementation and Administration of Agreement

21 21 Selected issues: - obligation under Article 15.2 implementation and administration of Agreement; - changes involved by revisions of ISO/IEC Guide2: 1991. Looking ahead: -reiteration of importance of Members fulfilling obligations; - discussions on reference to Guide 2:1991 in Annex 1 of TBT Agreement on terms and their definitions Implementation and Administration of Agreement Secretariat background: - Job(06)252 and Handbook on the TBT Agreement

22 22 Secretariat background: - Job(05)107 and Job(06)24 (Section I) Selected issues: 1.aspects of GRP; 2.regulatory cooperation between Members. Proposals from: - Brazil, Canada, Chile, Chinese Taipei, Colombia, Costa Rica, EC, Mexico, US. Future work: - agreement to share experiences; - workshop on GRP addressing regulatory impact assessment among other topics. Good Regulatory Practice

23 23 Secretariat background: - Job(05)30 and 261; Job(06)24 (Section II) Selected issues: 1.approaches to conformity assessment; 2.international standards guides or recommendations; 3.facilitating the recognition of conformity assessment results. Proposals from: - Chinese Taipei, Colombia, Costa Rica, Japan Future work: - agreement to continue sharing experiences. Conformity Assessment Significant past work, including: -Special Meeting of TBT Committee in June 2004 (G/TBT/M/33/Add.1); - Workshop on SDoC in March 2005; - 16-17 March 2006 Workshop (G/TBT/GEN/31).

24 24 Use of Appropriate CAP: - non ‑ discrimination, unnecessary obstacles to trade, use of int’l standards, guides or recommendations, transparency, technical assistance and special and differential treatment (Art. 5 to 9, 11 and 12). Use of SDoC: - benefits (reduced costs etc.), - considerations (risk assessment, regulatory regime, surveillance systems, consumer redress); - need for TA. Use of Accreditation to Qualify CA Bodies: - confidence building through use of int’l standards, guides or recommendations, - problems in certain developing countries and importance for assistance. Approaches to Conformity Assessment

25 25 Selected issues: - Importance to use int’l standards, guides or recommendations or parts of them; - Playing full part in their preparation. International Standards, Guides or Recommendations

26 26 Facilitating recognition of conformity assessment results Unilateral Recognition: - unilateral recognition of results of foreign CA, including government designation; - participation of foreign CA bodies in domestic CAP. Mutual Recognition: - mutual recognition agreements; - voluntary mutual recognition arrangements between domestic and foreign CAB

27 27 Future work Continue sharing experiences on: - approaches to CA; - use of int’l standards, guides or recommendations; - recognition of CA results.

28 28 - Good Regulatory Practice - Transparency procedures - Conformity Assessment Procedures - Technical Assistance - Special and Differential Treatment The six Elements - Implementation and Administration of Agreement

29 29 Secretariat background: - G/TBT/W/250 and Job(06)24 (Section III) Selected issues: 1.publication of a notice of proposed TR and CAP; 2.notification of proposed TR and CAP of local governments at the level directly below that of central government; 3.texts of notified TR and CAP; 4.comments on proposed TR and CAP; 5.timing of the entry into force of TR; 6.notification of existence of a work programme by a standardizing body; 7.acceptance of CGP by regional standardizing bodies. Proposals from: - Canada, China, Chinese Taipei, Colombia, EC Future work: - improve transparency including elaboration of practical ways for it; - special meeting on procedures for information exchange. Transparency

30 30 Secretariat background: - Job(05)20, Job(05)24 (Section IV), G/TBT/16 Selected issues: 1.transparency in demand and supply of TA; 2.effective provision of technical assistance; 3.participation of developing country members in the work of in international standardizing bodies. Proposal from: - China Future work: - encouragement of use of new format for voluntary notification of TA needs and responses; - review of the format; - exchange of experiences to identify good practices. Technical Assistance

31 31 Secretariat background: - Job(06)269, Job(05)24 (Section V) Selected issues: - how to improve transparency of the operation and implementation of Article 12. Proposal from: - Costa Rica, China Future work: - encouragement of exchange information and own assessment on S&D treatment and link to technical assistance. Special and Differential Treatment (S&D)

32 32 Thank you.


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