GENERAL AGREEMENT ON RESTRICTED
TBT/34 2 October 1992
TARIFFS A N D T R A D E Special Distribution
Committee on Technical Barriers to Trade
THIRTEENTH ANNUAL REVIEW OF THE IMPLEMENTATION AND OPERATION OF THE AGREEMENT
Background Document by the Secretariat
The Committee will hold its thirteenth annual review under Article 15.8 of the Agreement at its meeting on 19 October 1992. This document contains information on developments in the implementation and operation of the Agreement during the period from 12 October 1991 to 25 September 1992. Information covered by the previous review was circulated in document TBT/33. Data on review items relating to the consultation points, the panelists and the information exchange have been circulated in separate documents referred to under those headings.
The contents of this document are as follows:
Page
1. Composition of the Committee 3
2. Implementation and administration 4
2.1 General 4
2.2 Consultation points 6
2.3 Panelists 6
3. Notifications 7
3.1 General 7
3.2 Comment period 8
3.2.1 Length of time actually allowed for
presentation of comments 8
4. Technical assistance and special and differential treatment 10
5. Dispute settlement 10
92-1364
TBT/34 Page 2
6. Acceptance, accession and reservations 10
7. The use of international standards; participation in regional standardizing bodies or international and regional certification systems 10
8. Transparency 10
8.1 Publications 10
8.2 Information exchange 10
8.3 Enquiries and responses 10
9. Testing procedures and acceptance of test results 22
' >
' >
TBT/34 Page 3
COMPOSITION OF THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE
Chairman: Mr. A. Macey (New Zealand) Mr. D. Shark (United States) until April 1992 Mr. J. A. Clarke (Hong Kong) from April 1992
Vice-Chairman: Mr. C. Cozendey (Brazil) from April 1992
Signatories
Argentina Australia Austria Belgium Brazil Canada Chile Czech and Slovak Federal Republic Denmark Egypt European Economic Community Finland France Germany Greece Hong Kong Hungary India Ireland Israel Italy
Japan Korea, Rep. of Luxembourg Mexico Netherlands New Zealand Norway Pakistan Philippines Portugal Romania Rwanda Singapore Spain Sweden Switzerland Tunisia United Kingdom United States Yugoslavia
Observers
1. Governments:
Bangladesh Gabon Bulgaria Ghana China, People's Indonesia Republic of Malaysia
Colombia Malta Côte d'Ivoire Nicaragua Cuba Nigeria Ecuador Peru
Poland Russian Fede ra t ion Senegal S r i Lanka Tanzania Thai land Tr in idad and Tobago Turkey Zai re
2 . I n t e r n a t i o n a l Organ iza t ions
IMF, UNCTAD, ITC(UNCTAD/GATT), ISO, IEC, FAO/WHO Codex Al imenta r ius Commission, IOE
Signed (acceptance pending)
For procedures relating to the participation of observers, and 5 and Annex.
see TBT/M/2, paragraphs 4
TBT/34 Page 4
2. IMPLEMENTATION AND ADMINISTRATION
2.1 GENERAL
The following legislative, regulatory and administrative actions have been taken by parties since 12 October 1991 to implement the provisions of the Agreement.
Australia
The Government of Australia has accepted the Agreement on Technical Barriers to Trade which entered into force on 1 March 1992. In accordance with Article 15.7 of the Agreement Australia has submitted to the GATT Secretariat details of the measures in respect of the implementation of the Agreement (TBT/l/Add.37). As stated by the representative of Australia during the forty-third meeting (TBT/M/42), the major concerns of his Government had been that, as a federation, many technical regulations and standards were not carried out at the federal level. However, Australia had now put into place administrative arrangements to ensure it could meet its obligations under the Agreement.
Details of the measures
1. Actions taken to implement the Agreement
The Australian Government has taken the following administrative measures to implement the Agreement:
Federal government: All relevant Departments and agencies have received a copy of the Agreement and comprehensive guidelines which explain what is required of those Departments and agencies in order to effect the terms of the Agreement as well as how the Agreement operates.
Local government: The Australian Government has consulted extensively with the State and Territory Governments of Australia to ensure that they can fully assist Australia in fulfilling its obligations under the Agreement, which includes concluding an Agreement on Standards, Accreditation and Quality with the State and Territory Governments, establishing contact points with the State and Territory Governments, and arranging for an officer of the Department of Foreign Affairs and Trade to visit State and Territory Governments in order to explain how the Agreement operates and how the Commonwealth expects local governments to help discharge Australia's obligations under the Agreement.
Non-governmental organizations: Memorandums of understanding have been signed by the Commonwealth of Australia with The Standards Association of Australia (Standards Australia) and The National Association of Testing Authorities (NATA) which commit them to ensure that their practices are in harmony with, and supportive of, the relevant Articles of the Agreement.
TBT/34 Page 5
2. Publications and comment periods
Federal government: Generally, notices of technical regulations, standards and certification systems proposed or finally adopted by the Australian Commonwealth are published in the Commonwealth of Australia Gazette (Commonwealth Gazette), except on the subjects of consumer standards, drugs and poisons, food, legal metrology, maritime regulations, motor vehicles, quarantine, radiocommunications and telecommunications. Comment periods vary widely, although sixty days is a common period for many measures.
Local government: Generally, notices of State or Territory government technical regulations, standards or certification systems are published in the relevant State or Territory government gazette. Comment periods vary but the Commonwealth has recommended to State and Territory Governments that they adopt a period of sixty days as a general rule.
Non-governmental organizations: Standards Australia publishes notices of proposed non-government standards and rules of certification systems in "the Australian Standard" the journal of Standards Australia. Two months is the normal comment period for standards and rules of certification systems proposed by the Standards Australia. The NATA publish notices of proposed non-government standards or rules of certification systems in "NATA News". NATA does not have a formal public review period but its regulations and criteria are derived from international documents.
3. Enquiry point (Article 10 of the Agreement)
The Department of Foreign Affairs and Trade has been established as the enquiry point and is fully operational.
Czech and Slovak Federal Republic
The GATT enquiry point passes the notification to the Federal Ministry of Foreign Trade which sends them to the GATT Secretariat. It also fulfils the requests on sending notified documents. All regulations in the CSFR are available only in the national languages. The enquiry point gathers notifications of other signatories of the Agreement and passes them for information to relevant ministries and publishes them in an abbreviated form in two periodicals.
Hong Kong
The number of Hong Kong ordinances relevant to the implementation and administration of the Agreement has increased from thirteen to fourteen as the Air Pollution Control Ordinance enforced by the Director of Environmental Protection has been made. This information supplements that contained in TBT/10 and Corrs.2 and 3 and Suppl.l, TBT/28 and TBT/29.
TBT/34 Page 6
2.2 CONSULTATION POINTS
Up-to-date information is contained in document TBT/W/62/Rev.l and Corrs. 1-4.
2.3 PANELISTS
Up-to-date information is contained in document TBT/W/25/Rev.l2.
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7BT/34 Page 7
3. NOTIFICATIONS
3.1 GENERAL
From 1 January 1980 to 25 September 1992, 3329 notifications have been made by thirty-one Parties. The table on page 5 of TBT/33 contains the total number of notifications made by each Party from 1980 to 1990. The relevant data for 1991 and 1992 (up to 25 September) are given below.
Parties
Argentina* Australia Austria Belgium Brazil Canada Chile Czech and Slovak
Fed. Rep. Denmark EEC Egypt Finland France Germany Greece Hong Kong Hungary India Ireland Israel Italy Japan Korea, Rep. of Luxembourg Mexico Netherlands New Zealand Norway Pakistan Philippines Portugal Romania Rwanda* Singapore Spain Sweden Switzerland Tunisia United Kingdom United States Yugoslavia
Year of entry into force
-1992 1980 1981 1980 1980 1981
1982 1980 1980 1983 1980 1980 1980 1987 1986 1980 1983 1980 1990 1980 1980 1980 1980 1988 1981 1980 1980 1981 1981 1985 1980 -1980 1981 1980 1980 1981 1980 1980 1982
1992
--5 6 -29 -
6 17 16 -28 -1 -4 -----30 3 -16 27 4 12 -2 ---1 -44 12 -2 15 4
1991 Total (1980-1992)
13 10 1 35
12 13 14
27 2 9
5 2 6 1
49 9
4 11 13
99 60 3
303
97 105 155
257 53 47
24 15 74 18
4 477 20
16 67 104 112
19 100
63
4 -24 16 -2 45 12
15 56 380 87 1 69 368 80
284 358 3329
•Signed (acceptance pending)
TBT/34 Page 8
260 10
8 1 5
322 18
9 1 8
The distribution of notifications under the relevant Articles of the Agreement in 1991 and 1992 (up to 25 September) are as follows:
1992 1991
Article 2.5.2 Article 2.6.1 Article 7.3.2 Article 7.4.1 Not specified/other
Thirteen notifications in 1991 and eight in 1992 indicated that the proposed technical regulations were based on relevant international standards.
3.2 COMMENT PERIOD
Statements by Parties on the length of time that they expect to allow for other Parties to present their comments in writing on technical regulations, standards or rules of certification systems (Article 2.5.2, 2.5.5, 2.6.3, 7.3.4 and 7.4.3) are included in TBT/10, pages 58-62; TBT/10/Suppl.l, page 3; TBT/17, page 9, TBT/17/Suppl. 1, page 5, and TBT/31, page 6.
3.2.1 LENGTH OF TIME ACTUALLY ALLOWED FOR PRESENTATION OF COMMENTS
In 1991, Parties allowed an average of fifty-five calendar days for comments, the comment period had lapsed for twenty notifications, and the number of notifications that did not specify a comment period was forty-five. The respective figures in 1992 (up to 25 September) were fifty-seven days, ten notifications and thirty-six notifications.
The Committee has recommended sixty days as a minimum length of time to be allowed for the presentation of comments from other Parties. The table on the following page gives the relevant data on the observation of the recommended comment period by each Party in 1991 and 1992.
OBSERVATION DF THE RECOMMENDED COMMENT PERIOD BY PARTIES
1992 1991 (up to 25 September)
Party Less Sixty days Not Less Sixty days Not
Total than or specified or Total than or specified or sixty days more lapsed sixty days more lapsed
Austria Belgium Brazil Canada Czech and Slovak
Fed. Rep. Denmark EEC Finland France Germany Hong Kong Hungary India Ireland Japan Korea, Rep. of Mexico Netherlands New Zealand Norway Philippines Singapore Sweden Switzerland United Kingdom United States Yugoslavia
TOTAL
5 6 -29 6
17 16 28 -1 4 ---
30 3 16 27 4 12 2 1
44 12 2 15 4
2~P
-_ -23 3
7 10 4 _ -3 -. -10 2 -17 2 4 --31 12 . 10 -
ÏÎ8
_
_ 3 1
9 5 22
-1 -
. 20 . 4 5 1 8 --12 _ 1 4 4
TM
5 6 -3 2
1 1 2
1 --_ --1 12 5 1 -2 1 1 -1 1 -
45
13 10 1
35 12
13 14 27 2 9 5 2 6 1
49 9 _ 4 11 13 19 4 24 16 2 45 12
358
_ _ _ 24 7
7 10 3 _ 1 1 2 3 _ 5 4 _ 4 3 4 19 1 7 12 2 31 8
Ï58"
12
. 1 1
1 3 24 _ 1 1 --_
43 1 _ . 6 9 -2 8 4 -14 4
135
1 10 1 10 4
5 1 _ 2 7 3 -3 1 1 4
. 2 --1 9 . . --
65
TBT/34 Page 10
4. TECHNICAL ASSISTANCE AND SPECIAL AND DIFFERENTIAL TREATMENT
No developments have been reported under this item during the period under review.
5. DISPUTE SETTLEMENT
No developments have been reported under this item during the period under review.
6. ACCEPTANCE, ACCESSION AND RESERVATIONS
Australia has accepted the Agreement on 1 March 1992.
7. USE OF INTERNATIONAL STANDARDS; PARTICIPATION IN REGIONAL STANDARDIZING BODIES OR INTERNATIONAL
AND REGIONAL CERTIFICATION SYSTEMS
No developments have been reported under this review item during the period under review.
8. TRANSPARENCY
8.1 PUBLICATIONS
Names of the publications used to announce that work is proceeding on draft technical regulations or standards and rules of certification systems, and those in which the texts of technical regulations and standards or rules of certification systems are published, are indicated in TBT/10, pages 80-89; TBT/10/Suppl.1, page 6; TBT/17, page 16; TBT/17/Suppl.l, page 6; TBT/18, pages 12-13 and TBT/31, pages 8-9.
8.2 INFORMATION EXCHANGE
The current list of names, addresses, telex and telephone numbers of the enquiry points is contained in document TBT/W/31/Rev.9/Corrs.l to 9 and Add.l to 2. Following the completion of this annual review, the Secretariat will issue a TBT/W/31/Rev.lO.
8.3 ENQUIRIES AND RESPONSES
Information on the number of enquiries received and of requests answered by enquiry points, in accordance with the provisions of the Agreement relating to information and documentation, was included in TBT/29, pages 11-12; TBT/29/Suppl.1, pages 2-3; TBT/31, Page 10; TBT/32, pages 9-12; and TBT/33, pages 9-13. Further information supplied by individual Parties is contained below.
ENQUIRIES AND RESPONSES UNDER ARTICLE 10.1
Number of enquiries in 1991 (of which from respective enquiry points)
Party receiving enquiries
EEC
Enquiries originating
in
Czech and Slovak Fed. Rep.
Hong Kong
India
Japan
New Zealand
Philippines
Sweden
Tunisia
USA
Total
Received
15
7
3
13
1
16
2
7
13
77
Total
Answered
15
7
3
13
1
16
2
7
13
77
Regarding proposed rules and regulations
Received
15
7
-
9
1
9
1
7
2
51
Answered
15
7
-
9
1
9
1
7
2
51
Regard existi rules
régulât
Received
-
-
3
4
-
7
1
-
11
26
ing ng and ions
An swered
-
-
3
4
-
7
1
-
11
26
Under Article 10.1.1
15
7
3
13
1
16
2
7
13
77 (B td OP H (D —
M -P-
TBT/34 Page 12
Number of enquiries in 1991
Party
receiving
enquiries
Enquiries
originating
in
Total
(of which
from respective
enquiry points)
Regarding
proposed
rules and
regulations
Regarding
existing
rules and
regulations
Received Answered Received Answered Received Answered
United States
Total
Austria
Belgium
Brazil
Canada Czech and Slovak
Fed. Rep.
Denmark
Egypt Finland
France Germany
Hong Kong
Hungary
India
Ireland
Israel
Italy
Japan
Mexico
Netherlands
New Zealand
Norway
Philippines
Portugal
Singapore
Spain
Sweden
Switzerland
Tunisia
United Kingdom
Yugoslavia
257(161)
2(1) 4(2)
6(4)
17(2) 6(6)
19(17)
2
11(11) 21(19) 6
11(6)
4(4) 23(18)
4(1) 5(2) 4
14(1) 9(3)
2
9(7) 1
8(8)
1
1
2(1) 19(17)
2(1) 3(3) 38(26)
3(1)
257(161)
2(1) 4(2)
6(4)
17(2)
6(6)
19(17) 2
11(11) 21(19)
6
11(6) 4(4)
23(18)
4(1) 5(2)
4
14(1) 9(3)
2
9(7) 1
8(8)
1
1
2(1) 19(17)
2(1) 3(3)
38(26)
3(1)
125
2
1
1 6
1
3
13
1
4
4
18
1
8
5
7
1 1
15
2
3
27
1
125
2
1
1 6
1
3
13
1
4
4
18
1
8
5
7
1 1
15
2
3
27
1
132
3
6
16
18
2 8
8 5
7
5
3
5
4
6
9
2 4
1
1
1
1 4
11
2
132
3
6
16
18 2
8 8
5
7
5
3
5
4
6
9
2 4
1
1
1
1 4
11
2
0
<>
New Zealand
TBT/34 Page 13
GATT ENQUIRY POINT
Report For The Year Ending 31 March 1992
1. In the 1991/92 year proposals for one Act, six regulations, one code of practice and four standards were notified to the GATT secretariat (see Table 1).
2. The enquiry point responded to a total of 110 requests for information from seventeen overseas enquiry points. Seventy-six requests related to documents cited in New Zealand notifications and thirty-four referred to existing New Zealand regulations, standards, or certification systems (see Table 2, columns A and D).
3. Five requests were received for extension of the comment period on New Zealand notifications and three comments were eventually received. Comments were satisfactorily resolved by the authorities concerned and the outcome was explained to the relevant enquiry point in each case.
TBT/34 Page 14
TABLE 1
TBT No.
91.132
91.133
91.208
91.209
91.210
91.211
91.220
91.256
91.297
91.298
91.356
92.76
New Zealand Notifications
Originating from
Ministry of Consumer Affairs
Ministry of Consumer Affairs
SANZ
SANZ
SANZ
SANZ
Ministry of Consumer Affairs
Ministry of Consumer Affairs
Ministry of Consumer Affairs
Ministry of Commerce
Ministry of Transport
Department of Justice
Sent To GATT 1.4.91
Product
Bicycles
Toys
Mattresses, divans, bed bases
Infants' cots
Playground equipment
Helmets for motor vehicle users
Clothing and footwear
Textiles and clothing
Pedal cyclists' helmets
Electrical apparatus
Used tyres
All goods and services
- 31.3.92
Comment period (days)
60
60
77
77
77
77
48
49
59
-
-
69
Req rec
from
jests a ived other
countries
4
7
4
5
6
8
6
7
7
6
7
4
o
71
TBT/34 Page 15
TABLE 2
Requests Received From Other Countries 1.4.91 - 31.3.92
Column A: Requests for documents cited in New Zealand notifications Column B: Requests for extension of comment period on New Zealand
notifications Column C: Request for consideration of comment on proposals cited in
New Zealand notifications Column D: Requests for information on New Zealand regulations, standards
or certification systems
Brazil
Chile
The Czech and Slovak
Federal Republic
EEC
Finland
France
Germany
Hong Kong
Hungary
India
Japan
Philippines
Sweden
Switzerland
Tunisia
United Kingdom
United States
1
3
2
1
11
1
6
5
9
5
3
4
1
6
10
8
2
4
1
1
22
TOTAL *76 34
•Includes five requests for documents notified in 1990/91
TBT/34 Page 16
Philippines
GATT ENQUIRY POINT
Report for the year ending 31 March 1992
1. In 1991/92, nineteen Philippine National Standards for mandatory implementation in the country were notified to the GATT Secretariat (see Table 1).
2. The BPS (Bureau of Product Standards) enquiry point responded to a total of 103 requests for information from seven overseas enquiry points. 101 requests related to documents cited in the Philippines Notifications and two referred to existing Philippine National Standards, regulations or certification systems (see Table 2, columns A and D).
0
TBT/34 Page 17
TABLE 1
Philippines Notifications sent to GATT Secretariat 1.1.91 - 31.3.92
TBT No.
91.129
91.128
91.127
91.126
91.125
91.124
91.38
Originating from
BPS
BPS
BPS
BPS
BPS
BPS
BPS
91.37 BPS
Product
Transformers
Transformers
Transformers
Transformers
Reactors
Transformers
Ballasts for tubular fluorescent lamp
Thermoplastic wires and cables
Comment period (days)
30
30
30
30
30
30
30
Req uests received
6
6
6
6
6
5
5
30
91.36
91.35
91.34
91.33
91.32
91.31
91.30
91.29
91.28
91.27
91.26
BPS
BPS
BPS
BPS
BPS
BPS
BPS
BPS
BPS
BPS
BPS
Washing machines
Cooking and heating appliances
Room air-conditioners
Electric flat iron
Electric rice cooker
Electronic and related apparatus
Annealed copper wires
Low voltage cables
Water heaters
Toasters and oven toasters
Cigarette, cigar and pipe
30
30
30
30
30
30
30
30
30
30
30
5
5
5
5
5
6
5
5
5
5
5 lighters
Total 101
TBT/34 Page 18
TABLE 2
Requests received from other countries 4.1.91 - 31.3.92
Column À: Requests for documents cited in the Philippine Notifications
Column B: Requests for extension of comment period on the Philippines Notifications
Column C: Requests for consideration of comments on proposals cited in the Philippines Notification
Column D: Requests for information on Philippines regulations, standards or certification systems
Ù
A B C D
Chile
France
Hong Kong
India
Japan
Tunisia
United Kingdom
United States
-
6
19
19
13
6
19
19
TOTAL 101 2 t>
HONG KONG
Enquiries handled
TBT/34 Page 19
Enquiring country
Number of enquiries received Number of enquiries originated from
GATT enquiry points
1990 1991 1990 1991
«
•
Australia Austria Belgium Brazil Canada Chile China, People's Rep. of Czech and Slovak
Federal Republic France Germany Hungary India Iran Indonesia Malaysia Mongolia New Zealand Pakistan Philippines Russian Federation Singapore South Africa Sri Lanka Sweden Switzerland Thailand Tunisia United Kingdom United States
0 0 2 1 2 0 2
2 2 2 1 1 0 0 2 1 0 0 1 0 0 2 0 2 0 0 0 6 5
3 1 0 1 2 1 1
1 4 0 2 6 1 1 0 0 1 3 1 1 1 0 2 2 1 1 3 8
10
0 0 0 1 1 0 0
2 2 0 1 1 0 0 0 0 0 0 1 0 0 0 0 2 0 0 0 1 1
0 1 0 1 2 0 0
1 3 0 2 4 0 0 0 0 1 0 1 0 1 0 0 2 0 0 3 4 2
TOTAL 34 58 13 28
TBT/34 Page 20
Party receiving
enquiries
Japan
Enquiries
originating
in
Total
Aust-ia
Brazil Canada
Chile
Czech and Slovak
Federal Republic
Denmark
EEC Finland
France Germany
Hong Kong
Hungary
India
Italy
New Zealand
Norway
Philippines
Singapore
Spain
Sweden
Switzerland
United Kingdom United States
Yugoslavia
Number of enquiries in
Tn+al
Received
361
3 4 6 2
14 5 30 2 41 5 13 28 14 3 17 4 29 1 1 18 4 41 75 1
Answered
361
3 4 6 2
14 5 30 2 41 5 13 28 14 3 17 4 29 1 1 18 4 41 75 1
Regarding proposed
rules and
regulations
Received Answered
302
2 2 4 2
14 1 30 2 40 3 11 28 12 0 10 4 28 1 1 16 2 37 51 1
302
2 2 4 2
14 1 30 2 40 3 11 28 12 0 10 4 28 1 1 16 2 37 51 1
1991
Regarding exisl
rules
.ing
and regulations
Received
59
1 2 2 0
0 4 0 0 1 2 2 0 2 3 7 0 1 0 0 2 2 4 24 0
Answered
59
1 2 2 0
0 4 0 0 1 2 2 0 2 3 7 0 1 0 0 2 2 4 24 0
6
t)
TBT/34 Page 21
Enquiries and Responses Under Articles 10.1 and 10.2
Number of enquiries (September 1991 to September 1992)
Party receiving enquiry
Enquiry originating in Total
Regarding existing rules and regulations
India
è Brazil
Egypt
France
Mexico
Philippines
Rwanda
United Kingdom
United States
17
2
2
2
1
1
1
5
3
17
2
2
2
1
1
1
5
3
TBT/34 Page 22
Czech and Slovak Federal Republic
According to Article 10 of the Agreement, the enquiry point received two enquiries from the signatories in 1991 and three in 1992 (until 31 May), and they are answered in cooperation with related ministries.
9. TESTING PROCEDURES AND ACCEPTANCE OF TEST RESULTS
No developments have been reported under this item during the period under review.