The TBT Committee

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The TBT Committee

• WTO, Trade and Environment Division

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Institutional Aspects
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Composition
TBT Art. 13
Representatives of each Member
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Chairperson of the TBT Committee
TBT Art. 13
The Committee elects a Chairperson
The Chairperson holds office until the end of the
first meeting of the following year
Participates in the proceedings as such and not
as the representative of a Member
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Objectives
TBT Art. 13
Provides the opportunity of consulting on any
matters relating to the operation of the
Agreement or the furtherance of its objectives
Specific Trade Concerns
Annual/Triennial Reviews
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Objectives
TBT Art. 13
Establishes working parties or other bodies as
may be appropriate, which shall carry out such
responsibilities as may be assigned to them by
the Committee
It is understood that unnecessary duplication
should be avoided between the work under this
Agreement and that of governments in other
technical bodies.
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Objectives
TBT Art. 12.8
The TBT Committee is enabled to grant, upon
request, specified, time-limited exceptions in
whole or in part from obligations under this
Agreement
Special and Differential Treatment of Developing
Country Members
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Meetings of the TBT Committee
Meets as necessary, but not less than once a year
Usually 3 times a year
Convened by the Director-General by a notice
(airgram)
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Organization of the Meetings
A list of the items proposed for the agenda of
the meeting shall be communicated to Members
together with the convening notice for the meeting
Requests for items to be placed on the agenda of
a forthcoming meeting shall be communicated to
the Secretariat in writing
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Agenda for Last Meeting 23 March 2004
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Agenda for Last Meeting 23 March 2004
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Any WTO Member
Submit documents
Participate in reviews
Submit notifications
Participate in meetings and events
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TBT CommitteeDocuments
Available on the WTO web siteG/TBT/
Notifications
Minutes of meetings
www.wto.org
Submissions by Members
Notes by the Secretariat
Information from observers
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Special events
Workshop on Technical Assistance
In 2003
Learning event on labelling
Special meeting for Information Exchange
Future events
Dedicated Session on Conformity assessment
procedures
Workshops often have funding for the
participation of developing country Members
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Reviews
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Reviews
Reviews of the operation and implementation of
the Agreement
TBT Art. 15.3-4
Triennial review
Annual review
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The TBT Committee
With a view to recommending adjustments of the
rights and obligations of the Agreement where
necessary
TBT Art. 15.4
Triennial review
Designed to ensure mutual economic advantage and
balance of rights and obligations
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3 Triennial Reviews
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The Results of the Third Triennial Review
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Third Triennial Review (2003)
The following elements were discussed
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Third Triennial Review (2003)
The following elements were discussed
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Implementation Administration
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
92 Members have submitted their statements under
Article 15.2
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Implementation Administration
TBT Art. 10.1
Each Member shall ensure that an enquiry point
exists which is able to answer all reasonable
enquiries from other Members and interested
parties in other Members
121 Members have submitted information on their
national enquiry points
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Implementation Administration
Recommendation
To seek assistance from other Members that have
done so to share their knowledge and experience
The Committee invites Members
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Third Triennial Review (2003)
The following elements were discussed
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Good Regulatory Practices (GRP)
GRP can contribute to the effective
implementation of the TBT Agreement
In the avoidance of unnecessary obstacles to
trade in the preparation, adoption and
application of technical regulations and CAPs,
including those related to labelling
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Good Regulatory Practices (GRP)
Importance of regulators considering the use of
different approaches to fulfill legitimate
objectives and their taking into account the
least-trade restrictive options available to them
Equivalency can be an element of good regulatory
practice
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Good Regulatory Practices (GRP)
Recommendations
The Committee agrees to
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Third Triennial Review (2003)
The following elements were discussed
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Transparency Procedures
On Handling of comments
More than 60 day comment period should be
provided to developing countries
Requests to Enquiry Points should be in one of
the WTO languages
Disseminate comments and responses by means of
national websites
Art. 10.5 developed countries should provide
translations of documents covered by
notifications without being requested
Responses to comments in writing, and possibly
shared with the TBT Committee (on a voluntary
basis)
Electronic transmission to the Secretariat
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Transparency Procedures
On 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
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Transparency Procedures
On Follow up technical regulations and CAPs
brought to the attention of the Committee
Amendments to notifications should carry the same
document symbol as the original notification
Share with the Committee (voluntary basis) follow
up information on issues previously brought to
its attention
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Third Triennial Review (2003)
The following elements were discussed
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Conformity Assessment Procedures
Importance of using international guides and
recommendations
The Committee reiterates/ stresses
Acceptance of results whenever possible
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Conformity Assessment Procedures
Recommendations
Work Programme on CA
Exchange information and experiences and hold a
workshop on SDoC
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CAP How is it carried out?
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Second Triennial Review of the TBT Agreement
Suppliers Declarations, A less onerous approach
When used in appropriate circumstances and for
certain sectors, it can
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Second Triennial Review of the TBT Agreement
Suppliers Declarations may not always be
appropriate
Depends on...
market surveillance
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Second Triennial Review of the TBT Agreement
Developing countries concerns (in particular SMEs)
Difficult to meet CAPs requirements in export
markets
Limited domestic physical and technical resources
(lack of accredited laboratories recognized
internationally lack of equipment different
methodologies and results)
Lack of human resources (e.g. practitioners)
Difficulties in the implementation of relevant
international guides and recommendations
High costs and legal difficulties in obtaining
foreign accreditation
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Conformity Assessment Procedures
Recommendations
Invite representatives from relevant
international and regional accreditation fora to
provide information on their operation and the
participation of Members, in particular,
developing country Members, in their systems
Work Programme on CA (contd)
Hold a workshop on the different approaches to
conformity assessment, including on the
acceptance of conformity assessment results
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Third Triennial Review (2003)
The following elements were discussed
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Third Triennial Review (2003)
The following elements were discussed
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Other Elements
The Committee agrees to
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Specific Trade Concerns
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Trade concerns what can you do?
Comment on notification - new measure
Request explanation of measure from Enquiry Point
or Member - existing measure
Request consultations
Bilateral consultations
Raise issue at the TBT Committee
Dispute settlement provisions (?Panel)
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Roadmap for the solution of trade concerns
Lighters Producer in Country A
Wants to export lighters in Country B
However...
A Draft Technical regulation on lighters in
Country B has just been notified in order to
protect human health from the explosion of these
lighters
Country A received notification of Country Bs
technical regulation through its Enquiry point
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Roadmap for the solution of trade concerns
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Roadmap for the solution of trade concerns
The Enquiry point of Country A circulates Country
Bs notification to all national interested
parties
The regulation is more trade restrictive than
necessary to protect health
Lighters industry provides comments to the EP of
Country A
Because a less trade restrictive way would be to
indicate on the lighter label that it should not
stay in the sun!
Country A sends these comments to Country B
Country B indicates that it will take Country As
comments into account
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Roadmap for the solution of trade concerns
However, lighters industry in country A
considers that the modified Country Bs
regulation is still more trade restrictive than
necessary
Coordination is important !
To set a uniform country position !
Lighters industry pressures the government to do
something about it
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Roadmap for the solution of trade concerns
The government of Country A raises the concern at
the multilateral level in the TBT Committee
Country B answers that concerns will be
transmitted to capital and replied to at the next
meeting
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Roadmap for the solution of trade concerns
Country B enters into consultations with Country A
Country B amends its draft technical regulation
to reflect Country As concerns
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Roadmap for the solution of trade concerns
2 possibilities...
Country B does not share Country As concerns and
eventually adopts the draft regulation as it is
Country A can now export to Country B its lighters
Country A requests consultations with Country B
before the DSB
DSB
A panel is established...
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Specific trade concerns raised in the Committee
from 1995-2003
How Many?
Approximately 110 concerns raised
Who?
On measures taken by 25 Members
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Specific trade concerns raised in the Committee
from 1995-2003
Food products, beverages and spirits
Chemical products
On What?
Textiles products
Machinery and mechanical appliances /electrical
equipment
Vehicles, aircraft, vessels and associated
transport equipment
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Some typical type of concerns
More trade restrictive than necessary
Discriminatory
Rationale for the measure
Failure/Delay to notify
Entry into force of the measure
Failure to reply to comments
Not in line with international standards