Transparency Procedures in the TBT Agreement WTO, Trade and Environment Division.

transcript

Transparency Procedures in the TBT Agreement

WTO, Trade and Environment Division

WTO and Transparency

Key WTO Principle“Its main function is to ensure that

trade flows as smoothly, predictably and freely as possible”

“Its main function is to ensure that trade flows as smoothly, predictably

and freely as possible”

Information assists industryInformation assists industry

Transparency aids complianceTransparency aids compliance

Transparency in the TBT Agreement

For Technical Regulations

Articles 2, 3 and 10

Article 10, Annex 3: paras. J, L,

M, N, O & P

Articles 5, 7, 8, 9 and 10

For Standards

For Conformity Assessment Procedures

1. Notifications1. Notifications 2. Publication2. Publication

3. Handling of comments

5. Maintenance of an enquiry point

4. Dissemination of information

6. The TBT Committee

This afternoon...

Notifications

Members have to notify

what ?

Statement on the implementation and administration of the Agreement

Draft technical regulations and CAPs, and adopted urgent measures

Bilateral and multilateral agreementsBilateral and multilateral agreements

Adherence to, or withdrawal from, the Code of Good Practice and the

existence of a work programme

Adherence to, or withdrawal from, the Code of Good Practice and the

existence of a work programme

Four Types of Notifications

Statement on the implementation and administration of the

Agreement

Relevant TBT Provision

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

Provide a quick overview of how individual Members have chosen to implement the

Agreement

Provide a quick overview of how individual Members have chosen to implement the

Agreement

Assist Members in meeting their obligations under the Agreement, by enabling them to

take stock of their existing legislation & institutional structure

Assist Members in meeting their obligations under the Agreement, by enabling them to

take stock of their existing legislation & institutional structure

In 1995, the TBT Committee decided that the Statements

should include

Relevant Laws and RegulationsRelevant Laws and Regulations

Name & Address of Enquiry point(s)Name & Address of Enquiry point(s)

PublicationsPublications

Time allowed for commentsTime allowed for comments

Other national authorities and agenciesOther national authorities and agencies

Measures to ensure that national and sub-national authorities provide early

information on their proposals

Measures to ensure that national and sub-national authorities provide early

information on their proposals

A One-Time NotificationA One-Time Notification

In case of change, a revision must be provided

92 Members have submitted their statements under Article 15.2

Europe, CentralAsia&Caucase

Africa and MiddleEast

America

Asia and Pacific

Notification of Draft Technical Regulations and Conformity

Assessment Procedures (CAPs), and of Adopted Urgent Measures

Why to notify?

How to know the requirements in

Country B?

How to know the requirements in

Country B?

Notification to the WTO!Notification to the WTO!

Country A exports lighters

Country B drafts a technical regulation

on lighters

Country B drafts a technical regulation

on lighters

How to comment on them?

InformationInformationAids complianceAids compliance

Assists industryAssists industry

Relevant TBT Provisions

TBT Art. 2&5

For Technical Regulations

Article 2

Article 5For Conformity

Assessment Procedures

Draft Technical Regulations

Draft Conformity Assessment Procedures

Conformity Assessment Procedures already adopted for urgent reasons

Technical Regulations already adopted for urgent reasons

2.9.22.9.2

5.6.25.6.2

2.10.12.10.1

5.7.15.7.1

TBT Articles

Technical Regulations of Local governments on the level directly below

that of the central government

Conformity Assessment Procedures of Local governments on the level directly below that of the central government

And also ...

3.23.2

7.27.2

TBT Articles

Except when a technical regulation or a conformity assessment procedure is “substantially the same” as a

measure already notified by the central government body

Technical Regulations and Conformity

Assessment Procedures

6 Types of Documents Must Be Notified...

Already adopted for urgent reasons

Of local governments on the level directly

below that of the central government

Where urgent problems arise or threaten to arise….

Safety, HealthSafety, Health

Environmental ProtectionEnvironmental Protection

National SecurityNational Security

May omit such of the steps as necessary

2 differencesNotification is upon adoptionNotification is upon adoption

Notification mentions the nature of the urgent problem

Conditions?

Members must notify a measure when both sets of conditions apply

ANDAND

The measure may have a significant effect on

trade of other Members

A relevantinternational standard

does not exist

TBT Art. 2.9 and 5.6

What is it?

The measure is not in accordance with the

standard

Conditions?

The measure may have a significant effect on trade of other Members...

When assessing the significance of the effect on trade of technical regulations, such elements should be taken into consideration:

When assessing the significance of the effect on trade of technical regulations, such elements should be taken into consideration: The difficulties for producers in other

Members to comply with the proposed technical regulations

The difficulties for producers in other Members to comply with the proposed

technical regulations

The value of imports in respect of the Members concerned

The potential growth of such importsThe potential growth of such imports

TBT 2.9.2

Information on the products covered

TBT 5.6.2And

A brief indication of the objective and rationale of

the proposed measure

A brief indication of the objective and rationale of

the proposed measure

A notification must contain

Guidelines developed by the TBT Committee Guidelines developed by the TBT Committee

WORLD TRADE

ORGANIZATION G/TBT/N/

(01-0000)

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:

6. Description of content:

7. Objective and rationale, including the nature of urgent problems where applicable:

8. Relevant documents:

9. Proposed date of adoption: Proposed date of entry into force:

10. Final date for comments:

11. Texts available from: National enquiry point [ ] or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body:

The Format

How? 11 Sections in a Notification Form

1. Member to Agreement notifying: If applicable, name of local government involved (Articles 3.2 and 7.2):

Who notifies?

If a local government is involved in the technical regulation or the conformity assessment procedure, it has to be mentioned in this section

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:

Which agency is responsible for elaborating a proposal or promulgating a technical regulation or a conformity assessment procedure

If a different agency handles comments, it must be indicated here

3. Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:

5 options

2.10.1

Proposed TR by central body

Adopted TR by central body

Proposed CAP by central body

Adopted CAP by central body

Proposed/Adopted TR by local body

Proposed/Adopted CAP by local body

Adopted CAP by Non gov body

Adopted CAP by int’al/reg’al body

Technical RegulationTechnical Regulation

Conformity Assessment Procedure

Central Government Body

Local Government Body

Intern’al/ regional organization

Technical RegulationTechnical Regulation

Non-Governmental Body

ProposedProposed

AdoptedAdopted

ProposedProposed

AdoptedAdopted

ProposedProposed

AdoptedAdopted

ProposedProposed

AdoptedAdopted

Art. 2.9.2

Art. 2.10.1

Art. 5.6.2

Art. 5.7.1

Art. 3.2

Art. 7.2

Art. 8.1

Art. 9.2

To summarize... the following may be notified...:

In practice, almost all notifications are made under Articles 2.9.2 and 5.6.2:

55 3 127

Art.2.9.2 Art. 2.10.1 Art. 3.2 Art. 5.6.2 Art. 5.7.1 Art. 7.2 No articlementioned

– Notifications from 1995 to 2003 (by article) –

4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.ICS numbers may be provided in addition, where applicable):

Clear description of the products covered in the measure (including tariff headings)

5. Title, number of pages and language(s) of the notified document:

Under this section, the following information is also provided:

-the language(s) in which notified documents are available; and,

-if a translation of the document is planned or available.

6. Description of content:

Contains a clear description of the content of the proposed or adopted technical regulation or conformity assessment procedure

7. Objective and rationale, including the nature of urgent problems where applicable:

The “legitimate objective” of the measure may be indicated here.

12%13%

1%4% 3% 5%

Protection of human health or safefy Prevention of deceptive practices Adoption of new domestic law

Consumer information and labelling Quality requirements Harmonization

Protection of environment Protection of plant and animal health Trade facilitation

Other No objective

Notifications in 2003 – Legitimate objectives statedNotifications in 2003 – Legitimate objectives stated

Protection of human health or safety

8. Relevant documents:

A reference to the following documents may be provided:

-the publication where a notice appears;

-the proposal and basic document to which the proposal refers;

-the publication in which the proposal will appear when adopted;

-whenever practicable, the reference to a relevant international standard.

9. Proposed date of adoption:Proposed date of entry into force:

10. Final date for comments:

A specific and final date by which Members may submit comments.

The Committee has recommended a normal time limit for comments on notifications of 60 days.

Any Member which is able to provide a time limit beyond 60 days is encouraged to do so.

Members are encouraged to advise of any extension to the final date for comments.

11. Texts available from: National enquiry point [ ] or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body:

Information on whether the text of the measure is available from the national enquiry point or from another body. Members also indicate here the exact address, where available, e-mail address, telephone and fax numbers of the body responsible for supplying the relevant documents if that body is not the enquiry point.

Item 1 - Government making the notification

Item 2 - Body elaborating a proposal (TR or CAP)

Item 3 - Relevant provision of the Agreement

Item 4 - Clear description of the product

Item 5 - Title of proposal, number of pages, language.

Indicate translations or summaries

To summarize...

How? Guidelines of the TBT Committee

Item 6 - Abstract, main features of the proposed/adopted measure

Item 7 - Legitimate objectiveItem 8 - Any relevant document (publications). Reference to

international standardsItem 9 - Adoption and entry into forceItem 10 - Final date for comments - normal time-limit of 60

days!Item 11 - Where to find the text of the measure

To summarize...

TBT 2.9.2

Amendments can still be introduced

TBT 5.6.2And

Comments taken into account

Notifications shall take place at an early appropriate stage, when

TBT Committee: when a draft with the complete text is available

TBT 2.10.1 TBT 5.7.1And

Notifications must be made immediately upon adoption

For technical regulations and conformity assessment procedures adopted for urgent reasons….

How Many?

1995 1996 1997 1998 1999 2000 2001 2002 2003

Total number of TBT notifications, 1995-2003

By 80 Members

How Many?

Notifications by Region

15%Asia and Pacific

Africa

2% Latin America

and Caribbeans

US and Canada

EU+EFTA

15%Asia and Pacific

Africa

2% Latin America

and Caribbeans

US and Canada

EU+EFTA

How Many?Notifications made by participating Members...

49 notifications (articles 2.9 and 5.6)

Notification of Bilateral and Multilateral Agreements

Notification of bilateral and multilateral agreements

Whenever a Member has reached an agreementTBT

Art.10.7

Must NOTIFY it through the Secretariat

With one or more countries

On issues related to technical regulations, standards or CAPs

That may have a significant effect on trade

The Format

1. Member notifying:

2. Title of the bilateral or plurilateral Agreement:

3. Parties to the Agreement:

4. Date of entry into force of the Agreement:

5. Products covered (HS or CCCN where applicable, otherwise national tariff heading):

6. Subject matter covered by the Agreement (technical regulations, standards or

conformity assessment procedures):

7. Brief description of the Agreement:

8. Further information available from:

TBT notifications under Article 10.7

101214161820

1995 1996 1997 1998 1999 2000 2001 2002 2003

Geographical Repartition of Bilateral and Multilateral Agreements Notified

31Europe

Africa

America

Asia andPacific

Notification of Acceptance of, or Withdrawal from, the Code of

Good Practice and the Existence of a Work Programme

What is the Code of Good Practice?

Code of Good Practice for the Preparation, Adoption and Application of Standards

It lays down disciplines in respect of central government, local government, non-

governmental and regional standardizing bodies developing voluntary standards

It lays down disciplines in respect of central government, local government, non-

governmental and regional standardizing bodies developing voluntary standards

Who may accept the Code?

This Code is open to

Any standardizing body within the

territory of a Member, whether

Any standardizing body within the

territory of a Member, whether

Any governmental regional standardizing body one or more members of which are WTO Members

Any non-governmental regional standardizing body one or more members of which are situated within the

territory of WTO Member

Any non-governmental regional standardizing body one or more members of which are situated within the

territory of WTO Member

A central government bodyA central government body

A local government bodyA local government body

A non-government bodyA non-government body

Which Provisions are contained in the Code?

Members must

Take "such reasonable measures" as may be available to them to ensure that standardization bodies, which are on their territory or to which they are related, accept and comply with the Code

Not take measures which have the effect of requiring or encouraging such standardizing bodies to act in a manner inconsistent with the Code

Standardization Bodies must

Assume the general disciplines of the TBT Agreement

Notification Obligations

Standardization Bodies must

notify

Their acceptance of, or withdrawal from, the Code of Good Practice (Paragraph C)

The existence of a work programme (Paragraph J)

ISO/WTO Guidelines on Notifications

Notification Under Paragraph C

Notifications are made through the ISO/IEC Information Center in Geneva, or through the national member body of ISO/IEC, or, preferably, through the relevant national member or international affiliate of ISONET.

Copies are sent by ISO/IEC to the WTO Secretariat, and are circulated to WTO Members.

Notifications are made through the ISO/IEC Information Center in Geneva, or through the national member body of ISO/IEC, or, preferably, through the relevant national member or international affiliate of ISONET.

Copies are sent by ISO/IEC to the WTO Secretariat, and are circulated to WTO Members.

Standardizing bodies that have accepted or withdrawn from this Code shall notify this fact

Format of the Notification Under Paragraph C (Acceptance)

ISO/IEC Information Centre International Organization for Standardization Case postale 56 CH-1211 GENEVA 20 Switzerland NOTIFICATION UNDER PARAGRAPH C OF THE WTO TBT CODE OF GOOD PRACTICE (Notification of acceptance of the WTO TBT Code of Good Practice) Country (or regional arrangement): ....................................................................................................... Name of standardizing body: .................................................................................................................. Address of standardizing body: .............................................................................................................. Telephone: .................................... Telefax: ....................................... Telex: ...................................... E-mail:............................................................................................... Type of standardizing body: .................................................................................................................... Scope of current and expected standardization activities: ................................................................... The above indicated standardizing body hereby notifies its acceptance of the Code of Good Practice for the Preparation, Adoption and Application of Standards presented in Annex 3 to the WTO Agreement on Technical Barriers to Trade. ................................................................................................................................................................ (Name)(Signature)(Date) ............................................................................................................................................................... (Title)

Format of the Notification Under Paragraph C (Withdrawal)

ISO/IEC Information Centre International Organization for Standardization Case postale 56 CH-1211 GENEVA 20 Switzerland NOTIFICATION UNDER PARAGRAPH C OF THE WTO TBT CODE OF GOOD PRACTICE (Notification of acceptance of the WTO TBT Code of Good Practice) Country (or regional arrangement): ....................................................................................................... Name of standardizing body: .................................................................................................................. Address of standardizing body: .............................................................................................................. Telephone: .................................... Telefax: ....................................... Telex: ...................................... E-mail:............................................................................................... Type of standardizing body: .................................................................................................................... Scope of current and expected standardization activities: ................................................................... The above indicated standardizing body hereby notifies its acceptance of the Code of Good Practice for the Preparation, Adoption and Application of Standards presented in Annex 3 to the WTO Agreement on Technical Barriers to Trade. ................................................................................................................................................................ (Name)(Signature)(Date) ............................................................................................................................................................... (Title)

Standardizing bodies that have accepted the Code

144 standardizing bodies from 104

Members

74 central governmental standardizing bodies

61 non‑governmental standardizing bodies

2 statutory bodies2 statutory bodies

2 parastatal bodies2 parastatal bodies

3 non-governmental regional bodies3 non-governmental regional bodies

1 central governmental/ non‑governmental body

1 autonomous body1 autonomous body

Standardizing bodies that have accepted the Code

80Central governmentalstandardizing body

Non governmentalstandardizing body

Statutory body

Parastatal body

Non-governmental regionalbody

Central governmental/ non governmental body

Autonomous body

Notification Under Paragraph J

Standardization bodies, that have accepted the Code, have to notify the existence of a work programme no later than at the time of its

publication, i.e. at least twice a year

Standardization bodies, that have accepted the Code, have to notify the existence of a work programme no later than at the time of its

publication, i.e. at least twice a year

Notifications are sent the ISO/IEC Information Center, or preferably, through the relevant

national member or international affiliate of ISONET, as appropriate

Notifications are sent the ISO/IEC Information Center, or preferably, through the relevant

national member or international affiliate of ISONET, as appropriate

Format of the Notification Under Paragraph J

ISO/IEC Information Centre International Organization for Standardization Case postale 56 CH-1211 GENEVA 20 Switzerland NOTIFICATION UNDER PARAGRAPH C OF THE WTO TBT CODE OF GOOD PRACTICE (Notification of existence of work programme) Country (or regional arrangement): ....................................................................................................... Name of standardizing body: .................................................................................................................. Address of standardizing body: .............................................................................................................. Telephone: ..................................... Telefax: ...................................... Telex: ...................................... E-mail: ........................................... 1. Name and issue of the publication in which the work programme is published: ............................... 2. The period to which the work programme applies: ............................................................................ 3. The price of the work programme (if any): ........................................................................................ 4. How and where the work programme can be obtained: ..................................................................... ................................................................................................................................................................. (Name)(Signature)(Date) ................................................................................................................................................................ (Title)

General Notification Aspects

Who is Responsible?

TBT Art. 10.10

Members shall designate a single central government authority that is responsible for the implementation on

the national level of the provisions concerning notification procedures under this Agreement except

those included in Annex 3

Code of Good Practice

Who is Responsible?

TBT Art. 10.11

Where the responsibility for notification issues is divided among several central government authorities

Members must provide complete and unambiguous information on the scope of responsibility of each

authority

Notify in which language?

The official languages of the WTO

EnglishEnglish

FrenchFrench

SpanishSpanish

TBT Art. 10. 9

Where do I send notifications?

WTO SecretariatWTO SecretariatCentral Registry of NotificationsCentral Registry of Notifications

CRN@wto.orgCRN@wto.orgFax: +41 22 739 5197Fax: +41 22 739 5197

1) Statement on implementation and administration of the Agreement

2) Notifications of technical regulations and CAPs

3) Notifications of bilateral or plurilateral Agreements

And the WTO Secretariat?

Circulates notifications among Members

Mission in GenevaMission in Geneva

Translates them into the three official languagesTranslates them into the three official languages

Monthly lists of notificationsMonthly lists of notifications

WTO WebsiteWTO Website

Notifications: symbols

1. Statement on Implementation and Administration of the Agreement: G/TBT/2/Add.#

2. Notifications of technical regulations and conformity assessment procedures:G/TBT/N/Country Symbol/#

3. Notifications of bilateral or plurilateral agreements:G/TBT/N/10.7/#

Notifications: symbols

• Notifications of acceptance of or withdrawal from the Code of Good Practice: G/TBT/CS/N/#

• Monthly list of notifications (prepared by

the Secretariat): G/TBT/GEN/#

• List of Enquiry Points (prepared by the

Secretariat) G/TBT/ENQ/#

Other TBT Transparency Procedures

1. Notifications1. Notifications 2. Publication2. Publication

3. Handling of comments

5. Maintenance of an enquiry point

4. Dissemination of information

6. The TBT Committee

Publication

Publication Obligations of MembersPre-Adoption Stage

Members must publish a notice of the measure when both sets of conditions apply

ANDANDThe measure may have a significant effect on

does not exist

TBT Art. 2.9.1 and 5.6.1The measure is not in

accordance with the standard

standard

This obligation may be waived in case of emergency

Publication Obligations of MembersPost-Adoption Stage

Members must publish promptly all a adopted technical regulations and conformity assessment

procedures

standard

those which did not have a significant effect on trade of other Members or those which were in accordance with an

international standard

Including...

Publication Obligations of MembersPost-Adoption Stage

Members must leave a reasonable interval between the publication of technical regulations and conformity assessment procedures and their entry into force,

except in case of urgent circumstances

Definition of a “reasonable interval”

TBT Art. 2.12

PublicationPublication Entry into forceEntry into forceNot less than 6

months

When this would be ineffective in fulfilling the legitimate objectives pursued

Except

In urgent circumstancesIn urgent circumstances

Publication Obligations of Standardization Bodies Related to the Work Programme

Standardization bodies must publish

Code of Good Practice,

Paragraph J

Their work programme

A notice of the existence of the work programme

The TBT Committee agreed in 1999 that the communication of the work programmes of standardizing bodies via the internet would be another possibility to fulfill Paragraph J obligations

What is contained in the work programme?

Standardizing bodies must publish, at least every six months, a work programme containing the

following information

Their name and address Their name and address

The standards they are currently preparing

The standards they have adopted in the preceding period

Publication Obligations of Standardization Bodies Related to the Work Programme

Publication Obligations of Standardization Bodies Related to Standards

Standardization bodies must publish

Code of Good Practice,

Paras. L & O

A notice specifying the comment period of a standard

The text of the standard

Procedures for Dissemination and Exchange of Information

Provision of copiesProvision of copies

Provision and sharing of translationsProvision and sharing of translations

Electronic toolsElectronic tools

Regular Meetings of Persons Responsible for Information Exchange

Provision of copies

Provide copies of proposed technical regulations and

conformity assessment procedures

Members must, upon request, And, whenever possible, identify

the parts of the measure which in substance deviate from relevant

international standardsArticles 2.9.3

and 5.6.3

Provision of copies

Requests for documentation should include all the elements permitting the identification of the documents and in particular,

the WTO TBT notification number (G/TBT/Notif.)

All the elements permitting the identification of the documents and the notification number should also appear on the documents

supplied in response to such requests

How to handle requests for documentation?

Any request for documentation should be processed if possible within 5 working days

If a delay in supplying the documentation is foreseen, this should be acknowledged to the requester, along with an estimate

of when the documents can be provided

Provision of copies

Provide hard copies of draft and adopted standards, and of the most recent work

programme

Standardization Bodies must, upon

request, Afford national treatment to requests from foreign interested parties, with due adjustments to be made for differential

costs of delivery Code Paras.

M and P

To summarize...

Requests contain the elements permitting the identification of a document

Process them within 5 working daysProcess them within 5 working days

Provision of Translations

The documents covered by a specific

notification

Developed country Members must, upon request, provide in 1 of the 3 official WTO languages, translations of

In case of voluminous documents, summaries

of such documents

Article 10.5, 10.8

The publication of texts/the provision of details/copies of drafts other than in the language of the Member is not required (except for developed country Members)

Sharing of Translations

Document Request

Other Requesting Members are Encouraged to Share Existing

Translations in WTO Languages

Other Requesting Members are Encouraged to Share Existing

Translations in WTO Languages

Translation/ Summary Exists

or planned

Must be Indicated in the Notification Form

Any Translated Summary in Requester’s Language or in WTO

Language must be Automatically Sent

Any Translated Summary in Requester’s Language or in WTO

Language must be Automatically Sent

Recommendation of the TBT Committee

The use of electronic tools

The TBT Agreement does not contain provisions relating to the use of electronic tools

However, since 1999, the use of the Internet as a means to facilitate access to, and exchange of, information has been

a constant theme of discussion in the TBT Committee

The TBT Committee encouraged Members, whenever possible, to file notifications by downloading, filling out and returning the complete form by e-mail to the Secretariat

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

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

transparency obligations

Electronic circulation of notifications encouragedElectronic circulation of notifications encouraged

Regular Meetings of Persons Responsible for Information Exchange

To give Members the opportunity to discuss the activities and problems relating to information

exchange and to review periodically the functioning of notification procedures

To give Members the opportunity to discuss the activities and problems relating to information

exchange and to review periodically the functioning of notification procedures

How often?

When is the next one?

Every 2 yearsEvery 2 years

Who can participate?

Persons responsible for information exchange, including persons responsible for enquiry points

and notifications

Persons responsible for information exchange, including persons responsible for enquiry points

and notifications

2-3 November 20042-3 November 2004

Comments on Proposed Technical Regulations and

Conformity Assessment Procedures

Length of time allowed for comments

Allow reasonable time for other Members to

make comments in writing

Members are required prior to the adoption of a technical regulation or of a conformity assessment procedure to

Discuss these comments upon request

Articles 2.9.4 and 5.6.4

Take these written comments and the

results of these discussions into account

Length of time for comments

The TBT Committee decided that the normal time limit for presentation of comments on

notified technical regulations and conformity assessment procedures should be 60 days

Length of time for comments

Length of time for comments on notified technical regulations and CAPS

60 days or beyond

Indicated in the notification

Handling of comments

Acknowledge receiptAcknowledge receipt

ExplainExplain How taken into accountHow taken into account

Provide additional relevant information

ProvideProvideCopy of regulation as adoptedCopy of regulation as adopted

Or, information of non-adoption

Results of the Third Triennial Review (2003)

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)

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

Electronic transmission to the SecretariatElectronic transmission to the Secretariat

On Handling of comments

TBT Notifications

52.346.9 46.3 47.2 46.5 49.6

53.3 49.254.8

1995 1996 1997 1998 1999 2000 2001 2002 2003

Comment period/days

Average time allowed for comments

1. Drafting of the Measure

2. Publication of a Notice

3. Notification to other Members

4. Provision of Copies

5. Discussion of the Comments

6. Adoption of the Measure

7. Publication of the Measure...

8. Entry into Force of the MeasureMin.

6 months

Enquiry Points

WTO Members must set up a national enquiry point

Establishment of an Enquiry Point

Concerns institutions that are in a position to answer queries on documents issued by bodies with regulatory authority, that is central and

local government bodies, and non-governmental bodies, which are entrusted with the legal power

to enforce a technical regulation

Article 10.1

Relates to enquiries on documents issued by other non-governmental bodies and regional

bodies of which they are membersArticle 10.3

If more than one enquiry point is established, Members must provide “complete and unambiguous information” on the scope of responsibility of each enquiry point

Enquiry Points must respond to reasonable enquiries and provide relevant documents

regarding:

Art. 10.1, 10.2, 10.3

Technical regulations, standards and conformity assessment procedures

Membership and participation in international and regional

standardizing bodies and conformity assessment systems / bilateral and

multilateral arrangements

Location of notices published

Location of other Enquiry Points

Functioning of Enquiry Points

Enquiry Points: Related obligations

Supply copies of requested documents to Members and interested parties of Members at an equitable price

Provide translations or summaries of the documents related to a notification

What is a reasonable enquiry?

An enquiry point is mandated to answer all "reasonable enquiries"

Articles 10.1 and 10.3

When it is limited to a specific product, or group of products

Using the Enquiry Point: Beyond Obligations

• Collect/disseminate TBT information

– TBT documents

– TBT notifications received

• Inform other government agencies, private sector

• Coordinate comments on other countries’ notifications

• Submit comments – follow-up