RESTRICTED
GENERAL AGREEMENT ON f^/^e TARIFFS A N D T R A D E Special Distribution
Multilateral Trade Negotiations
Group "Troeical Products"
DRAFT CODE OF CONDUCT FOR PREVENTING TECHNICAL BARRIERS TO TRADE
Note by the.Secretariat
Introduction
1. The Sub-Group "Technical Barriers to Trade" established by the Group "Non-Tariff Measures" in March 1975, has been carrying forward its work on the basis of a draft Code of Conduct for Preventing Technical Barriers to Trade that may arise in the field of standards. At its last meeting in May 1976, the Sub-Group suggested that the time had cone for the review of the applicability of the draft Standards Code to agricultural and tropical products referred to in paragraph 2 of MTN/NTK/I 1 to be initiated (MTN/NTM/17, paragraph 9).
2. Paragraph l(VIl) of the Guidelines for Organization of Negotiations on Tropical Products, adopted by the Group "Tropical Products" at its initial meeting states that "The Group would, as appropriate, review and examine questions relating, inter alia, to non-tariff measures which are found net to lend themselves to negotiations on a product-by-product basis ..." Paragraph l(VIIl) of the Guidelines refers to the need to co-ordinate activities on tropical products with points of common interest being taken up in other Groups keeping always in view the need for giving special and priority treatment to tropical products.
3. It nay also be noted that certain aspects relating to the application of standards in the field of agriculture have been subject to preliminary discussion in the Group "Agriculture". It is to be expected that at a future meeting of that Group the matter will be pursued further now that the draft Code has also been referred to it for examination.
1+. The text of the draft Code, which forms the basis of the work, is contained in MTN/NTM/WA9. Detailed proposals for amendments or alternative femulations in respect of this text which delegations nay wish tc take into account are set out in
This states that the applicability cf the general rules to be drawn up in the area of standards to health and sanitary regulations concerning agriculture and tropical products should be examined by Groups "Agriculture" and "Tropical Products".
:.T.:/TP/T.J/I6 Page 2
ÏITÎï/Nïiî/w/50. While there are many proposals on the table, the nain principles in the text are clear enough. In the following paragraphs an atter.pt has been made to provide in summary form a brief description of seme of the nain points of the Code as presently drafted. No attempt has been made to interpret any of the .Articles of the draft ihich is understandably a natter for delegations themselves. To assist delegations wishing to pursue this matter further c. check-list of certain documents relèvent to this area of the negotiations is attached as Annex I.
Provisions of the Code
5. The Sub-Group has been working on rules of general application. While the exact wording remains to be agreed, one of the main objectives of the draft Code is to ensure: (a) that technical regulations are not prepared, adopted or applied with a view to creating obstacles to international trade and (b) that neither technical regulations themselves nor their application have the effect of creating an obstacle to international trade which is disproportionate to the legitimate objectives of the regulations concerned. This objective applies to all categories of technical regulations which, as defined for the purposes of the draft Code includes any regulation laying down the characteristics cf a product and packaging, marking and labelling requirements.
6. It recognizes that the achievement of positive results in minimizing adverse trade effects in the field of standards would be facilitated through the greater use of internationally accepted standards and related practices. For this purpose, the proposed Code requires adherents to use, where they exist, appropriate international standards as a basis for their national technical regulations and/or standards; it also requires adherents to participate in the work of international standards bodies, with a view to harmonizing their standards and related measures on as wide a basis as possible. The proposed Code further establishes a number of procedural requirements which Governments would be obliged to follow if they plan to adopt technical regulations which are not substantially the same technically as international standards. Thus, the Code states that in such cases the adherents should take into account any reasonable comments that may be made by other adherents on the draft technical regulations and standards. To ensure that all interested adherents have an opportunity to offer comments in such cases, it lays down an obligation on adherents to publish a notice indicating that they are working on a technical regulation or standard, to make copies cf the drafts available to interested countries and to allo-.j them reasonable time for comment. Where there are urgent problems of public health, etc., governments would not have to follow the procedure for prior notification and consultation.
MTN/T?/rf/l6 Page 3
7. Other provisions of the draft Code relate to the treatnent to be accorded to imported products and arrangements for establishing their conformity with standards requirements. In cases where adherents require positive assurances that imported products conform to the prescribed technical regulation or standard, the Code lays down that they should, wherever possible, accept an assurance of conformity provided by regulatory bodies constituted in the territories of ether adherents, or agree to tests being carried cut in the territories of other adherents. In cases where the tests are to be carried cut in the importing country, the importing adherent should ensure that the imported products are not accepted for testing under conditions which are less favourable than those accorded to domestic products. The provisions in the draft Cede relating tc the formulation of and participation in international or regional certification systems are intended to ensure that all interested countries are able to participate and benefit from such schemes.
8. The draft Code provides for the establishment of a "Committee for Preventing Technical Barriers to Trade" composed of adherents to the Code; it would meet to give effect to the provisions of the Code. In the case of nullification or impairment cr any other matter affecting the implementation of the Code, a procedure has been provided for consultations between interested parties. Failing the attainment of a mutually satisfactory solution within a reasonable period of time, the matter would be dealt with by dispute settlement procedures which are still under discussion.
Points of interest to developing countries
9. The Code contains a number of general provisions of particular importance to developing countries e.g. establishment of enquiry points and notification to GATT. The draft Code also contains provisions for differentiated measures in favour of developing countries, e.g. section 2(h) and technical assistance to developing countries.
10. In addition several delegations from developing countries have made a number of specific suggestions for amendments and modifications to the provisions in the draft Code. These have been listed in document liTN/NTÎi/w/50.
(a) Establishment of enquiry points
11. The draft Code provides that to help interested parties in obtaining all relevant information in regard to technical regulations, each adherent should establish an enquiry point or points which are able to answer all reasonable enquiries relating to technical regulations, standards and certification systems operated within its territory.
(b) Notification to GATT
12. The draft Code contains provisions for publication of draft technical regulations and standards in order to give an opportunity to all interested adherents to offer comments. Developing countries have pointed out that, as they
;.-::/TP/W/I6 Page A
do net have well-developed connercial intelligence services, they nay not, in nest cases, cone to know of such notices and thus not benefit fron the right to offer comments. To assist these countries, therefore, the draft Code lays down an obligation to notify to the GATT secretariat the products to be covered whenever the central governmental bodies are (i) working on a technical regulation which is not based on an international standard; (ii) femulating certification systens or arrangeaients. The secretariat is then expected to circulate the list cf such products to all adherents and draw the attention of developing adherents to products of particular interest to then.
(c) Technical assistance to developing countries
13. With regard to technical assistance, the draft Code recognizes that to over-cone sor.ie cf the problens which would arise in the application of the Code, developing countries would require technical assistance. It provides that adherents should, when requested, advise and consider requests for technical assistance fron other adherents, especially developing countries, and defines situations in which such assistance should be provided. Briefly, the purposes for which an adherent is required to advise and to consider requests for technical assistance fron other adherents are:
(i) for the establishment of national standardizing bodies;
(ii) for the establishment of regulatory bodies for providing certificates of conformity with technical regulations; and for the establishment of certification bodies or other arrangenents for providing certificates cf confornity with standards;
(iii) to enable producers fron the requesting adherent to participate in certification systens of the inporting adherent; and
(iv) to enable the requesting adherent to establish such institutions and a legal francwerk as would enable it to participate in regional or international certification systems or arrangements.
It is also provided that adherents should, if a specific request is made, advise other adherents as to the methods by which their technicoJ. regulations could be net.
14.. A list of requests for concessions submitted with respect to standards, including health and sanitary regulations and packaging and labelling regulations, in the context of the negotiations talcing place in the Croup "Tropical Products" is attached in Annex II.
MTN/T?AT/l6 Page 5
J f f i l
CHECKLIST OFEOCUÎ-ONTS
1. COii.TD/W/190 - Non-Tariff Barr iers a r i s ing in the Field of Health
and Sanitary Regulations
2. COM.TD/W/191 - Non-Tariff Barr iers a r i s ing in the Field of Standards
3. MEN/3B/W/H - Draft Code on Standards - (Srplanatory Note with special reference to agr icu l tura l products)
U. MTN/3E/W/26 - Some aspects of the Applicabil i ty of the Draft Code on Standards to Agriculture
5. MTN/3B/23 - Non-Tariff Measures Affecting Trade of Developing Countries
6. MTN/NTM/W/5 - Standards; Packaging and Labelling; Marks of Origin
7. MTN/NTM/W/4.9 - Draft Code of Conduct for Preventing Technical Barriers to Trade - (Text of the Code incorporating the proposals agreed to during the discussions in the Sub-Group "Technical Barriers to Trade")
8. MTH/NTM/l'l/50 - Points Before the Sub-Group "Technical Barriers to Trade" - (Contains proposals for modifications and amendments that are under consideration in the Sub-Group "Technical Barriers to Trade")
KTN/TP/W/16 Page 6
ANNEX ii
Hg^uests by Developing Countries for Concessions on^Standards, Packaging and Labelling..and Health and Sanitary Regulations in
the Context of the Negotiations in tha -Qffcrig "Tragical Products"
CCCN :
02.011
02.04,
02.06
Description of product
Meat and edible offals
Other meat and meat offals
Meat and offals, salted, dried, etc.
Non-tariff concessions
T requested
H3
HS
HS
Count
BGH
IN BGH
CACM
ries request concessions
ing
• Countries . to which ' requests
were addressed
EEC, JPN
• US EEC
EEC
03.01 Fish, fresh, chilled or frozen
03.02 Fish, dried, salted, etc. HS
; Inport i quarantine ; PLR
HS
SD
HS
EGH
BGH
IN SGP,
MLY
' SGP, IN
- MLY
- MLY
THA
THA
03.03'; Crustaceans and molluscs HS
05.09 ! Herns, antlers, hooves, etc.
3D
Hi
tXS = Health and sanitary regulations. SD = Standard. PLR = Packaging and labelling requirements,
ALA
ALA
EEC - US JPN
US
JPN EEC
BGH, PHL ALA
IN, CACM, PAK, SLK, SGP, THA EEC
IN, CACM, THA, SGP, BGH, DR, IRN, NGA, PAK, PRU, SEN, TRT, TUR US
MLY (Codex NZ
alinentarius)
IRN, PHL, SGP, THA
MLY, TUR , US
IN, NGA US
MTN/TP/W/16 Page 7
CCCN Description of product
- i
I
I Non-tariff concessions requested
Countries requesting concessions
Countries to which requests were
addressed
05.15 Animal products, n.e.s.
06.01 I Bulbs, tubers, etc,
06.02 J Other live plants
06.03
07.01
07.04.
07.05
07.06
08.01
Cut flowers
Vegetables, fresh or chilled
Dried vegetables
Dried leguminous vegetables
Manioc, sago, etc.
Dates, bananas, coconuts, pineapples, avocados, etc,
H5
HS
H3
Ho
HS
HS
HS
H3
H3
II;
BGH, CACM, IN
CAGM, DR
COL, THA SLX, co: !L, SGP
CACM SEN SGP
BGH, KEN, THA IN, BOL
BUR, THA BOL, IN, PRU, THA
THA, ZAI
ECU, PHL, THA, SGP, IRN
SLK, PHL, SEN, BOL, PRU, IN, KEN, DR, BGH, CACM, SGP
CACM, COL, ECU, DR, PAK, EGÏ EGY
BGH, NGA, PHL
PHL BOL BGH
EEC
US
: US - EEC
.• JPN ATA'
JPN US ALA
JPN-US
. JPN : US
JPN
i JPN'
US
EEC SWD
ALA
CND NOR FIN
MTN/TF/W/16 Page 8
CCCN
08.02
08.03
08. OU
08.05
08.07
08.08
08.09
08.10
08.12
Description of product
Citrus fruit
Figs, fresh or dried
Grapes, fresh or dried
Nuts
Stone fruits
Berries
Other fresh fruits
Frozen fruit
Dried fruits
09.01 Coffee, roasted or not
09.02 ! Tea
!
Non-tariff concessions requested
HS
HS
SD
HS
HS
SD
HS
HS
HS
SD
HS
HS
HS
HS
SD
Countries requesting concessions
ARG, ECU EGY
TUR
TUR
IRN, ZAI
PAK
TUR
TUR
PAK
IN
BOL, GHA, BOL, IRN
TUR
DR
SEN
CACM, DR CACM, EGY ECU EGY
DR
THA
PAK ZAI
SGP, ZAI
SGP
TUR
Countries to which requests were
addressed
! JPN NOR
US
us
JPN
EEC
CND
CND, US
EEC, US, JPN
US
ALA NOR
US
EEC
US
US EEC JPN NOR
US
JPN
US,EEC JPN
JPN
JPN
US
MTN/TP/W/16 Page 9
'
CCCIT
09. OU
09.09
09.10
10.06
11.04.
11.06
11.08
12.01
12.02
12.07 1
!
13.02
j
Description of product
Pepper, pimento, etc.
Anise, badian, coriander
Thyme, saffron, ether spices
Pace
Flours cf fruits of Ch. 08
Flour, meal of sago and manioc
Starches, inulin
Oilseeds and oleaginous fruits
Flours and meals of oilseeds
Plants for perfumery, pharmacy
Shellacs,lacs, natural gums
Non-tariff concessions requested
HS
PLR SB
HS
HS
HS
HS
HS
HS
HS
HS
HS
HS HS
Countries requesting concessions
SGP F M TUR, IDN, IN, SLK, SGP, UGA
MLY MLY (ASTA should accept certificate from recog- 1 nized foreign organisations)
BGH
SGP IN, TUR
B0L, PM, ZAI
ECU, THA NGA ECU
THA, ZAI
THA
SGP, THA, ZAI, IRN
SGP : 1
IRN, SGP PRU
THA, SGP NGA
Countries to which requests were
addressed
JPN EEC
US
EEC
US.
JPN
JPN US
JPN
JPN A U EEC
JPN
JPN
JPN,NZ
JPN
JPN US
JPN US
MTN/TP/W/16 Page 10
Description of product Non-tariff concessions requested
Countries requesting concessions
Countries to which requests were
addressee
13.03
16.05
17.01
17.03
17.04
IS. 01
Vegetable saps, extracts, etc.
14.01 j Vegetable materials for planting
15.07 Fixed vegetable oils
15.13 Margarine
16.01 I Sausages and the like
16.02 Other preserved meat
16.04 Prepared and preserved fish
Prepared or preserved crustaceans
Beet and cane sugar, solid
Molasses
Sugar confectionery
Cocoa beans
HS
HS
HS
HS
HS
HS
HS
HS
HS
ZAI, IDN, SGP
SGP
SGP SLK
SGP
SEN
SEN, IDN, THA KEN
ECU
THA
SGP
ECU
JPN
JPN
JPN US
JPN
US
US JPN SWZ
HS
PLR
HS
PLR
• ECU BGH,
IN BGH, PRU,
THA SEN,
SGP, SGP
SGP,
SGP, SGP,
SGP,
SEN,
PRU
PRU SEN, IRN
IN, IDN, NGA
US JPN
US AU CND
JPN US
CND EEC
JPN
JPN
JPN
EEC
hTN/ï?/u/l6 Pa^e 11
CCCN
18.05
18.06
20.01
20.02
Description of product I Non-tariff j concessions
requested
Countries requesting concessions
Cocoa powder unsweetened HS
i FLR
Chocolate and food preparations
Vegetable and fruits in vinegar
Vegetables oth.erTd.so
j PLR
! HS
i 1
HS
I PLR
! HS
i I PLR i
20.04. j Fruits, preserved by ', HS ! sugar
! I FLR
\ \ 20.05 ! Jans, marmalades, etc. I KS
i PLR ! i ! j
20.06 j Fruits otherwise prepared I HS
PLR
SGP,SCU
BOL
BOL
ECU,SGP BOL,ECU
PAK IN SEN
SEN,
TUR, SGP, BGH5
SEN,
ECU,
SGP
SGP
PRU ÎHA PRU,
SGP
SGP
CACM,IN
EGY
BOL, IN,T
IN
HA CACM, SGP,MLY, TUR, IN THA, ZAI
PHL,BOL,KEN,MLY,SGP BOL,SGP BOL EGY, IN,SEN,BOL
! Countries 1 to which ! requests
were ' addressed
JPN
Ci-ID
JPN EEC
EEC JiLii
US
CND
! US JPN EEC
CND
JPN
CND
EEC,US
CND
EEC US JPN
! O WD i NOR I EEC
CI©
MTN/TP/W/l6 Page 12
CCCIT
20.07
21.04
21.07
23*04
24.01
39.05
40.05
41.01
a.02
41.03
41.04
a.05
42.03
44-03
Description of product
Fruit juices
Sauces, mixed condiments
Food preparations, n.e.s.
Oil-cakes
Unmanufactured tobacco
Run gums and ester gums
Plates, sheets of rubber
Raw hides and skins
Bovine and equine leather
Sheep and lamb skin leathei
Goat and kid skin leather
Other kinds of leather
Articles of apparel
Wood in the rough i
:
Non-tariff concessions requested
HS
PLR
HS
HS
HS
HS Quarantine
HS
HS
HS
HS
PLR
HS PLR
HS PLR
HS PLR
PLR
SD HS
Countries requesting
concessions
ZAI,EGU,SGP
BGH B0L B0LsEGY
IN,THA
THA
BGH,THA TUR
PHL IDN
THA
THA
PRU BGH
BGH,KEN
IN
KEN IN
NGA,KEN IN
KEN IN
IN
NG'. ZAI
Countries
to which requests were
addressed
JPN
EEC JPN CND
US
JPN
JPN US
ALA ALA
US
US
US CND
US
US
US US
us us
us us
us
us ALA
MTN/TP/U/I6 Page 13
1
CCCK
i
4/.05
44.13
44.14
44.15
44.21
44.23
44.27
44-28
Ch. 60
Description of product
Wood sawn lengthwise
Wood profiles for parquet
Veneer sheets
Plywood
Wooden packing cases
Builder's carpentry-
Articles of furniture not) within Ch. 94 )
) Other articles of wood )
Woven cotton fabrics
Non-tariff concessions reouested
HS Quarantine HS
SD
HSR
3D
HS Quarantine SD
HS Quarantine SD
Quarantine
Quarantine SD
SD
PLR
Countries requesting concessions
PRU,IV0,ZAI MLY SG? IVOjSGP PRU
PRU,BOL,MLY
PRU
PRU
NGA,ZAI PHL PRU
MLY PHL PRU
MLY
MLY PRU,BOL
I
PRU
IVO
Countries to which requests were
addressed
ALA ALA EEC NZ SWZ
US
EEC
US
ALA ALA US
ALA ALA US
ALA
ALA US
US
CND • i
61.05 ! Handkerchiefs PLR : IVO CND !
62.02 : Bed linen, table linen PLR ! IVO j CND
MTN/TP/W/16 Page U
CCCN Description of product Non-tariff concessions requested
Countries requesting concessions
Countrie to which requests were
addressed
64.01 Footwear with outer soles and uppers of rubber or plastic
6-4.02 Footwear with outer soles I of leather
64.O3 ! Footwear with outer soles of wood or cork
1
65.06 I Other headgear
PLR
SD
PLR
SD
SD
PLR
SM,SGP
MLI
SM,SGP KEN BGH,MLY,PAK
MLY
I N
CND
NOR
CND SWZ NOR
NOR
US