Strategies for Handling Notifications at National Level

– the Experience of China

Yang Song

Deputy Division DirectorWTO/SPS National Enquiry Point of China

the Experience of China on Transparency

1. SPS System

2. Notifying SPS Measures of China

3. Handling Notifications from Other Members

4. Dealing with SPS Enquires

5. The Website of SPS Notification & Enquiry

6. Difficulties faced

the Experience of China on Transparency

1. SPS System

1. SPS System of China government authorities involved

• General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

• Ministry of Commerce • Ministry of Agriculture • Ministry of Health • Certification and Accreditation Administration of

China • The State Food and Drug Administration • The State Forestry Administration

1. SPS System The Inter-Ministerial Coordination

Mechanism on TBT and SPS Measures• Established in 2002• Led by AQSIQ• To promote coordination on:

The implementation of SPS Agreement SPS related training Commenting on notifications that have crucial impact

on the trade (Positive List, Anti-terrorism, etc.)

1. SPS System of China The SPS National Enquiry Point

Established in AQSIQ to coordinate the notification, enquiry and comment issues domestically

The Notification AuthorityEstablished in the Ministry of Commerce to submit notifications

the Experience of China on Transparency

1. SPS System

2. Notifying SPS Measures of China

2. Notifying SPS Measures of China

Drafting of new SPS measure - competent authority Deciding whether to notify or not - competent

authority Filling out the notification form in both English and

Chinese - the competent authority Submitting the notification to SPS Enquiry Point Reviewing the notification - SPS Enquiry Point Submitting to the Notification Authority Submitting to WTO - through the Permanent

Mission of China in Geneva

2. Notifying SPS Measures of China

241 SPS notifications including:•140 notifications according to the Accession Commitment •95 notifications on new SPS measures •6 addendum notifications

ImprovementThe awareness of the importance of notification is increasing among competent authorities

the Experience of China on Transparency

1. SPS System

2. Notifying SPS Measures of China

3. Handling Notifications from Other Members

3. Handling Notifications from Other Members

Receiving and translating notifications - SPS Enquiry Point

Selecting notifications to comment- SPS Enquiry Point

Distributing notifications to relevant authorities Both electronic version and paper version

SPS Notification Newsletter – including all notifications, published every two weeks

Notifications and their Chinese translation also available on the website of the SPS Enquiry Point

3. Handling Notifications from Other Members

Studying and making comments on notifications - Expert group established by relevant Chinese government authorities related to SPS issues

Collecting comments - SPS Enquiry Point Examining comments – AQSIQ Translating the final comments into English and

submitting to the notification Member - the Enquiry Point

Coordination• Important notifications• Disagreement on comment

3. Handling Notifications from Other Members

Receiving responses - SPS Enquiry Point Feedback for reference or further comment

the Experience of China on Transparency

1. SPS System

2. Notifying SPS Measures of China

3. Handling Notifications from Other Members

4. Dealing with SPS Enquires

4. Dealing with SPS Enquires

The SPS Enquiry Point is responsible to answer reasonable questions asked by domestic and foreign government authorities, industries and other stakeholders.

During the 4 years after the Accession, it have received and answered more than 1100 enquiries and the number of enquiries is increasing year by year.

the Experience of China on Transparency

1. SPS System

2. Notifying SPS Measures of China

3. Handling Notifications from Other Members

4. Dealing with SPS Enquires

5. The Website of SPS Notification & Enquiry of China

5. The Website of SPS Notification & Enquiry of China

Functions• Provide information on proposals notified by all

WTO Members including China• Provide information on SPS measures of China

and other Members, including laws, regulations, decrees, standards and etc.

• A channel for comment online• A channel for enquiry online

5. The Website of SPS Notification & Enquiry of China

ContentsDozens of databases:• Notifications from China• Notifications from other members• Laws, regulations, decrees, standards and etc.• Risk alert system• Analysis reports

5. The Website of SPS Notification & Enquiry of China

The website is established in 2003, and available to government authorities, industries and other stakeholders

Feed back by users - informative and useful 630,000 visits total, 270,000 in 2005

www.tbt-sps.gov.cn

the Experience of China on Transparency

1. SPS System

2. Notifying SPS Measures of China

3. Handling Notifications from Other Members

4. Dealing with SPS Enquires

5. The Website of SPS Notification & Enquiry of China

6. Difficulties faced

4. Difficulties faced

Translation• Large amount – notifications and full texts• Costly for both money and time• Unpopular languages• Solution - share informal translations• Problem - not a common practice

4. Difficulties faced

Commenting period• Some notifications less than 60 days• Request for extending with no answer

4. Difficulties faced

The initiative to make comments• As a new Member of WTO, there is not much

awareness of the importance of making comments on notifications from other Members. Especially industries should be involved more deeply.

• the training of industries should be strengthened.• Experience sharing on commenting encouraged.