Agreement on Technical Barriers to Trade and the
Agreement on Technical Barriers to Trade and the IV Triennial Review II International Workshop on Conformity Assessment Rio de Janeiro 10 December 2006 Presentation by Mr. Margers Krams Chairman of the TBT Committee
Outline of presentation • TBT Agreement • TBT Committee – Horizontal issues – Triennial Reviews • Conformity Assessment Procedures as an element of the 4 th TR – Scope – Future work 2
Purpose of Agreement? avoidance of unnecessary obstacles to international trade allowing for regulatory autonomy to protect legitimate interests promotion of international standards 3
TBT Agreement is applicable to: “ 1. 3 All products, including industrial and agricultural products, shall be subject to the provisions of this Agreement. ” 4
Types of TBT measures - Technical Regulations - Conformity Assessment Procedures - Standards 5
Three key principles Articles 2. 1, 2. 2 and 2. 4 - non-discrimination, - unnecessary obstacles to trade, - use of international standards
TBT Committee To discuss “matters relating to the operation of this Agreement or the furtherance of its objectives” (Article 13. 1) 7
Vertical (specific) “Specific Trade Concerns” 8
Vertical (specific) Approximately 160 in TBT Committee 9
Looking back: About 160 “specific trade concerns” have been raised in the TBT Committee since 1995, the following are three examples. . . “WEEE” “REACH” EC Waste Directive on electronic. . Registration, Evaluation and Authorization of Chemicals (EC draft regulation) Labeling and certification of wood products (sustainability) 10
More trade restrictive than necessary Typical issues Discrimination Rationale (legitimate objective) Failure/Delay to notify Entry into force of the measure Failure to reply to comments Not in line with international standards 11
What to do if you have a specific trade concern? Request explanation / clarification from Enquiry Point Bilateral consultations Raise issue at TBT Committee meeting Request formal consultations (Dispute Settlement) (Solution) 12
(not raised formally) Request explanation / clarification from Enquiry Point Bilateral consultations 160 Raised in TBT Committee Request formal consultations 1 Dispute 13
Good regulatory practice Transparency procedures Horizontal (general) issues Conformity assessment Technical assistance / SDT Other (labelling, definitions etc. ) 14
Horizontal (general) issues “TBT Triennial Reviews” (Article 15. 4) 15
TBT Triennial Reviews: - Every three years - Review the operation and implementation - Recommend adjustment of the rights and obligations - Submit proposals for amendments 1 st Triennial Review 1995 1998 Second 2001 Third 2004 Fourth 2007 IV Triennial Review adopted by TBT Committee in November 2006 16
Conformity Assessment in previous Triennial Reviews 1 st Triennial Review CA mentioned throughout the report with references to transparency, and use of international standards, guides or recommendations and with respect to: ― concern on restrictive effect of multiple CAP; ― SDo. C that could be cost effective; ― accreditation as demonstration of technical competence; ― specific concerns and difficulties with concluding MRA; ― confidence building among Members; ― recognition of difficulties for developing countries; ― particular need for TA. To avoid duplication of CAP, Members agreed to: • further discussions on ISO/IEC guides; • exchange experience on various CAP; • review the role of int’l and regional systems. 17
Conformity Assessment in previous Triennial Reviews 2 nd Triennial Review: Additionally to previous TR: ― CA among others mentioned in context of difficulties for implementations; ― adoption of principles for int’l standards, guides and recommendations for CA including a principle of revision of existing ones; ― development of an indicative list describing different approaches to facilitate acceptance of results of CA; ― further elaboration of aspects of SDo. C, MRA and of difficulties faced by exporters of developing countries; ― noted TA provided and ― some work done at regional level pooling resources. 18
Conformity Assessment in previous Triennial Reviews 3 rd Triennial Review: Additionally to previous TRs: ― agreement on exchange of experiences on existing CAP and practices; ― on holding a SDo. C workshop and on different approaches on CA including acceptance of results. 19
Six Elements of IV Triennial Review - Implementation and Administration of Agreement - Good Regulatory Practice - Conformity Assessment Procedures - Transparency procedures - Technical Assistance - Special and Differential Treatment 20
Implementation and Administration of Agreement Secretariat background: - Job(06)252 and Handbook on the TBT Agreement Selected issues: - obligation under Article 15. 2 implementation and administration of Agreement; - changes involved by revisions of ISO/IEC Guide 2: 1991. Looking ahead: -reiteration of importance of Members fulfilling obligations; - discussions on reference to Guide 2: 1991 in Annex 1 of TBT Agreement on terms and their definitions 21
Good Regulatory Practice Proposals from: - Brazil, Canada, Chile, Chinese Taipei, Colombia, Costa Rica, EC, Mexico, US. Secretariat background: - Job(05)107 and Job(06)24 (Section I) Selected issues: 1. aspects of GRP; 2. regulatory cooperation between Members. Future work: - agreement to share experiences; - workshop on GRP addressing regulatory impact assessment among other topics. 22
Conformity Assessment Proposals from: - Chinese Taipei, Colombia, Costa Rica, Japan Secretariat background: - Job(05)30 and 261; Job(06)24 (Section II) Significant past work, including: -Special Meeting of TBT Committee in June 2004 (G/TBT/M/33/Add. 1); - Workshop on SDo. C in March 2005; - 16 -17 March 2006 Workshop (G/TBT/GEN/31). Selected issues: 1. approaches to conformity assessment; 2. international standards guides or recommendations; 3. facilitating the recognition of conformity assessment results. Future work: - agreement to continue sharing experiences. 23
Approaches to Conformity Assessment Use of Appropriate CAP: - non‑discrimination, unnecessary obstacles to trade, use of int’l standards, guides or recommendations, transparency, technical assistance and special and differential treatment (Art. 5 to 9, 11 and 12). Use of SDo. C: - benefits (reduced costs etc. ), - considerations (risk assessment, regulatory regime, surveillance systems, consumer redress); - need for TA. Use of Accreditation to Qualify CA Bodies: - confidence building through use of int’l standards, guides or recommendations, - problems in certain developing countries and importance for assistance. 24
International Standards, Guides or Recommendations Selected issues: - Importance to use int’l standards, guides or recommendations or parts of them; - Playing full part in their preparation. 25
Facilitating recognition of conformity assessment results Unilateral Recognition: - unilateral recognition of results of foreign CA, including government designation; - participation of foreign CA bodies in domestic CAP. Mutual Recognition: - mutual recognition agreements; - voluntary mutual recognition arrangements between domestic and foreign CAB 26
Future work Continue sharing experiences on: - approaches to CA; - use of int’l standards, guides or recommendations; - recognition of CA results. 27
The six Elements - Implementation and Administration of Agreement - Good Regulatory Practice - Conformity Assessment Procedures - Transparency procedures - Technical Assistance - Special and Differential Treatment 28
Transparency Proposals from: - Canada, Chinese Taipei, Colombia, EC Secretariat background: - G/TBT/W/250 and Job(06)24 (Section III) Selected issues: 1. publication of a notice of proposed TR and CAP; 2. notification of proposed TR and CAP of local governments at the level directly below that of central government; 3. texts of notified TR and CAP; 4. comments on proposed TR and CAP; 5. timing of the entry into force of TR; 6. notification of existence of a work programme by a standardizing body; 7. acceptance of CGP by regional standardizing bodies. Future work: - improve transparency including elaboration of practical ways for it; - special meeting on procedures for information exchange. 29
Technical Assistance Proposal from: - China Secretariat background: - Job(05)20, Job(05)24 (Section IV), G/TBT/16 Selected issues: 1. transparency in demand supply of TA; 2. effective provision of technical assistance; 3. participation of developing country members in the work of in international standardizing bodies. Future work: - encouragement of use of new format for voluntary notification of TA needs and responses; - review of the format; - exchange of experiences to identify good practices. 30
Special and Differential Treatment (S&D) Proposal from: - Costa Rica, China Secretariat background: - Job(06)269, Job(05)24 (Section V) Selected issues: - how to improve transparency of the operation and implementation of Article 12. Future work: - encouragement of exchange information and own assessment on S&D treatment and link to technical assistance. 31
Thank you. 32
- Slides: 32