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” Transparency aids compliance Information assists industry
Transparency in the TBT Agreement For Technical Regulations Articles 2, 3 and 10 For Conformity Assessment Procedures Articles 5, 7, 8, 9 and 10 For Standards Article 10, Annex 3: paras. J, L, M, N, O & P
Transparency in the TBT Agreement 1. Notifications 2. Publication 3. Handling of comments 4. Dissemination of information 5. Maintenance of an enquiry point 6. The TBT Committee This afternoon. . .
Notifications
Four Types of Notifications Statement on the implementation and administration of the Agreement Members have to notify what ? Draft technical regulations and CAPs, and adopted urgent measures Bilateral and multilateral agreements Adherence to, or withdrawal from, the Code of Good Practice and the existence of a work programme
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
Why? 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
What? Relevant Laws and Regulations Publications In 1995, the TBT Committee decided that the Statements should include Time allowed for comments Name & Address of Enquiry point(s) Other national authorities and agencies Measures to ensure that national and sub-national authorities provide early information on their proposals
When? A One-Time Notification In case of change, a revision must be provided
Who? 92 Members have submitted their statements under Article 15. 2
Notification of Draft Technical Regulations and Conformity Assessment Procedures (CAPs), and of Adopted Urgent Measures
Why to notify? Country A exports lighters Country B drafts a technical regulation on lighters How to know the requirements in Country B? Notification to the WTO! How to comment on them? Information Assists industry Aids compliance
Relevant TBT Provisions TBT Art. 2&5 For Technical Regulations Article 2 For Conformity Assessment Procedures Article 5
What? TBT Articles Draft Technical Regulations 2. 9. 2 Draft Conformity Assessment Procedures 5. 6. 2 Technical Regulations already adopted for urgent reasons 2. 10. 1 Conformity Assessment Procedures already adopted for urgent reasons 5. 7. 1
What? And also. . . TBT Articles Technical Regulations of Local governments on the level directly below that of the central government 3. 2 Conformity Assessment Procedures of Local governments on the level directly below that of the central government 7. 2 Except when a technical regulation or a conformity assessment procedure is “substantially the same” as a measure already notified by the central government body
What? 6 Types of Documents Must Be Notified. . . Draft Technical Regulations and Conformity Assessment Procedures Already adopted for urgent reasons Of local governments on the level directly below that of the central government
What? Where urgent problems arise or threaten to arise…. Safety, Health Environmental Protection National Security May omit such of the steps as necessary Notification is upon adoption 2 differences Notification mentions the nature of the urgent problem
Conditions? Members must notify a measure when both sets of conditions apply AND A relevant international standard does not exist The measure may have a significant effect on trade of other Members OR The measure is not in accordance with the standard TBT Art. 2. 9 and 5. 6 What is it?
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: The value of imports in respect of the Members concerned The potential growth of such imports The difficulties for producers in other Members to comply with the proposed technical regulations
How? TBT 2. 9. 2 And TBT 5. 6. 2 A notification must contain Information on the products covered And A brief indication of the objective and rationale of the proposed measure Guidelines developed by the TBT Committee
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
How? 11 Sections in a Notification Form 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
How? 11 Sections in a Notification Form 3. Notified under Article 2. 9. 2 [ ], 2. 10. 1 [ ], 5. 6. 2 [ ], 5. 7. 1 [ ], other: 2. 9. 2 2. 10. 1 Adopted TR by central body 5. 6. 2 5 options Proposed TR by central body Proposed CAP by central body 5. 7. 1 Adopted CAP by central body 3. 2 Other Proposed/Adopted TR by local body 7. 2 Proposed/Adopted CAP by local body 8. 1 Adopted CAP by Non gov body 9. 2 Adopted CAP by int’al/reg’al body
How? 11 Sections in a Notification Form Proposed Art. 2. 9. 2 Adopted Art. 2. 10. 1 Proposed Art. 5. 6. 2 Adopted Art. 5. 7. 1 Proposed Art. 3. 2 Adopted Art. 3. 2 Conformity Assessment Procedure Proposed Art. 7. 2 Adopted Art. 7. 2 Non-Governmental Body Conformity Assessment Procedure Adopted Art. 8. 1 Intern’al/ regional organization Conformity Assessment Procedure Adopted Art. 9. 2 Technical Regulation Central Government Body Conformity Assessment Procedure To summarize. . . the following may be notified. . . : Technical Regulation Local Government Body
How? 11 Sections in a Notification Form In practice, almost all notifications are made under Articles 2. 9. 2 and 5. 6. 2: – Notifications from 1995 to 2003 (by article) –
How? 11 Sections in a Notification Form 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)
How? 11 Sections in a Notification Form 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.
How? 11 Sections in a Notification Form 6. Description of content: Contains a clear description of the content of the proposed or adopted technical regulation or conformity assessment procedure
How? 11 Sections in a Notification Form 7. Objective and rationale, including the nature of urgent problems where applicable: The “legitimate objective” of the measure may be indicated here.
How? 11 Sections in a Notification Form Protection of human health or safety Notifications in 2003 – Legitimate objectives stated
How? 11 Sections in a Notification Form 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.
How? 11 Sections in a Notification Form 9. Proposed date of adoption: Proposed date of entry into force:
How? 11 Sections in a Notification Form 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.
How? 11 Sections in a Notification Form 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.
How? 11 Sections in a Notification Form To summarize. . . 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
How? Guidelines of the TBT Committee To summarize. . . Item 6 - Abstract, main features of the proposed/adopted measure Item 7 - Legitimate objective Item 8 - Any relevant document (publications). Reference to international standards Item 9 - Adoption and entry into force Item 10 - Final date for comments - normal time-limit of 60 days! Item 11 - Where to find the text of the measure
When? TBT 2. 9. 2 And TBT 5. 6. 2 Notifications shall take place at an early appropriate stage, when Amendments can still be introduced And Comments taken into account TBT Committee: when a draft with the complete text is available
When? For technical regulations and conformity assessment procedures adopted for urgent reasons…. TBT 2. 10. 1 TBT 5. 7. 1 And Notifications must be made immediately upon adoption
How Many? Total number of TBT notifications, 1995 -2003 By 80 Members
How Many? Notifications by Region
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 TBT Art. 10. 7 Whenever a Member has reached an agreement With one or more countries That may have a significant effect on trade On issues related to technical regulations, standards or CAPs Must NOTIFY it through the Secretariat
The Format
TBT notifications under Article 10. 7
Geographical Repartition of Bilateral and Multilateral Agreements Notified
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, nongovernmental and regional standardizing bodies developing voluntary standards
Who may accept the Code? Any standardizing body within the territory of a Member, whether This Code is open to A central government body A local government body A non-government body Any non-governmental regional standardizing body one or more members of which are situated within the territory of WTO Member Any governmental regional standardizing body one or more members of which are WTO Members
Which Provisions are contained in the Code? Members must Standardization Bodies 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 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 Standardizing bodies that have accepted or withdrawn from this Code shall notify this fact 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.
Format of the Notification Under Paragraph C (Acceptance)
Format of the Notification Under Paragraph C (Withdrawal)
Standardizing bodies that have accepted the Code 74 central governmental standardizing bodies 61 non‑governmental standardizing bodies 144 standardizing bodies from 104 Members 2 statutory bodies 2 parastatal bodies 3 non-governmental regional bodies 1 central governmental/ non‑governmental body 1 autonomous body
Standardizing bodies that have accepted the Code
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 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
General Notification Aspects
Who is Responsible? TBT Art. 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? TBT Art. 10. 9 The official languages of the WTO English Spanish or French or
Where do I send notifications? WTO Secretariat Central Registry of Notifications CRN@wto. org Fax: +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? Mission in Geneva Circulates notifications among Members WTO Website Translates them into the three official languages Monthly lists of notifications
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
Transparency in the TBT Agreement 1. Notifications 2. Publication 3. Handling of comments 4. Dissemination of information 5. Maintenance of an enquiry point 6. The TBT Committee
Publication
Publication Obligations of Members Pre-Adoption Stage Members must publish a notice of the measure when both sets of conditions apply A relevant international standard does not exist AND The measure may have a significant effect on trade of other Members OR The measure is not in accordance with the standard TBT Art. 2. 9. 1 and 5. 6. 1 This obligation may be waived in case of emergency
Publication Obligations of Members Post-Adoption Stage Members must publish promptly all a adopted technical regulations and conformity assessment procedures Including. . . those which did not have a significant effect on trade of other Members or those which were in accordance with an international standard The measure is not in accordance with the standard TBT Art. 2. 11 and 5. 8
Publication Obligations of Members Post-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 TBT Art. 2. 12 and 5. 9
Definition of a “reasonable interval” TBT Art. 2. 12 Publication Except Not less than 6 months Entry into force When this would be ineffective in fulfilling the legitimate objectives pursued In urgent circumstances
Publication Obligations of Standardization Bodies Related to the Work Programme Their work programme Standardization bodies must publish Code of Good Practice, Paragraph J A notice of the existence of the work programme What is contained in 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
Publication Obligations of Standardization Bodies Related to the Work Programme Standardizing bodies must publish, at least every six months, a work programme containing the following information The standards they are currently preparing The standards they have adopted in the preceding period Their name and address
Publication Obligations of Standardization Bodies Related to Standards Standardization bodies must publish A notice specifying the comment period of a standard The text of the standard Code of Good Practice, Paras. L & O
Procedures for Dissemination and Exchange of Information
Procedures for Dissemination and Exchange of Information Provision of copies Provision and sharing of translations Electronic 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, Articles 2. 9. 3 and 5. 6. 3 And, whenever possible, identify the parts of the measure which in substance deviate from relevant international standards
Provision of copies How to handle requests for documentation? 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 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, Code Paras. M and P Afford national treatment to requests from foreign interested parties, with due adjustments to be made for differential costs of delivery
To summarize. . . Requests contain the elements permitting the identification of a document Process them within 5 working days
Provision of Translations Developed country Members must, upon request, provide in 1 of the 3 official WTO languages, translations of The documents covered by a specific notification Article 10. 5, 10. 8 OR In case of voluminous documents, summaries of such documents 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 Recommendation of the TBT Committee Document Request Translation/ Summary Exists or planned Other Requesting Members are Encouraged to Share Existing Translations in WTO Languages Any Translated Summary in Requester’s Language or in WTO Language must be Automatically Sent Must be Indicated in the Notification Form
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 Electronic circulation of notifications encouraged 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
Regular Meetings of Persons Responsible for Information Exchange Why? 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? Every 2 years Who can participate? Persons responsible for information exchange, including persons responsible for enquiry points and notifications When is the next one? 2 -3 November 2004
Comments on Proposed Technical Regulations and Conformity Assessment Procedures
Length of time allowed for comments Members are required prior to the adoption of a technical regulation or of a conformity assessment procedure to Allow reasonable time for other Members to make comments in writing Take these written comments and the results of these discussions into account Discuss these comments upon request Articles 2. 9. 4 and 5. 6. 4
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 on notified technical regulations and CAPS 60 days or beyond Indicated in the notification
Handling of comments Acknowledge receipt Explain How taken into account Provide additional relevant information Copy of regulation as adopted Provide Or, information of nonadoption
Results of the Third Triennial Review (2003) 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
TBT Notifications Average time allowed for comments
Min. 6 months 8. Entry into Force of the Measure 7. Publication of the Measure . . . Time. . . 6. Adoption of the Measure 5. Discussion of the Comments 4. Provision of Copies 3. Notification to other Members 2. Publication of a Notice 1. Drafting of the Measure
Enquiry Points
Establishment of an Enquiry Point WTO Members must set up a national enquiry point Article 10. 1 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. 3 Relates to enquiries on documents issued by other non-governmental bodies and regional bodies of which they are members If more than one enquiry point is established, Members must provide “complete and unambiguous information” on the scope of responsibility of each enquiry point
Functioning of Enquiry Points Art. 10. 1, 10. 2, 10. 3 Enquiry Points must respond to reasonable enquiries and provide relevant documents regarding: 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
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? Articles 10. 1 and 10. 3 An enquiry point is mandated to answer all "reasonable enquiries" 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
Скачать презентацию Transparency Procedures in the TBT Agreement WTO Trade
86371254ab59424f90a2820ad6ed84aa.ppt