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Agreement on Technical Barriers to Trade and the IV Triennial Review

II International Workshop on Conformity AssessmentRio de Janeiro

10 December 2006

Presentation by Mr. Margers Krams

Chairman of the TBT Committee

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Outline of presentation

• TBT Agreement

• TBT Committee– Horizontal issues – Triennial Reviews

• Conformity Assessment Procedures as an element of the 4th TR

– Scope – Future work

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Purpose of Agreement?

avoidance of unnecessary obstacles to international

trade

allowing for regulatory autonomy to protect legitimate

interests

promotion of international standards

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TBT Agreement is applicable to:

“1.3 All products, including industrial and agricultural products, shall be subject to the provisions of this Agreement.”

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Types of TBT measures

- Technical Regulations

- Conformity Assessment Procedures

- Standards

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Three key principles

Articles 2.1, 2.2 and 2.4- non-discrimination,- unnecessary obstacles to trade,- use of international standards

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TBT Committee

To discuss “matters relating to the operation of this Agreement or the furtherance of its

objectives”(Article 13.1)

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Ve

rtic

al (

spe

cific

)

“Specific Trade Concerns”

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Ve

rtic

al (

spe

cific

)

Approximately 160 in TBT Committee

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“REACH”Registration, Evaluation

and Authorization of Chemicals

(EC draft regulation)

“WEEE”EC Waste Directive

on electronic ....

Labeling and certification of wood

products (sustainability)

Looking back: About 160 “specific trade concerns” have been raised in the TBT Committee since

1995, the following are three examples ...

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More trade restrictive than necessary

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

Typ

ical

issu

es

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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)

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Request explanation / clarification from Enquiry Point

Bilateral consultations

Raised in TBT Committee

Request formal consultations

Dispute

160

(not raised formally)

1

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Horizontal (general) issues

Good regulatory practice

Transparency procedures

Conformity assessment

Technical assistance / SDT

Other (labelling, definitions etc.)

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“TBTTriennial Reviews”

(Article 15.4)

Horizontal (general) issues

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1995 1998 2001 2004

1st Triennial Review ThirdSecond Fourth

2007

IV Triennial Review adopted by TBT Committee in November 2006

TBT Triennial Reviews:

- Every three years - Review the operation and implementation - Recommend adjustment of the rights and obligations - Submit proposals for amendments

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1st 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;― SDoC 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.

Conformity Assessment in previous Triennial Reviews

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2nd 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 SDoC, MRA and of difficulties faced by exporters of developing countries;― noted TA provided and― some work done at regional level pooling resources.

Conformity Assessment in previous Triennial Reviews

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3rd Triennial Review:

Additionally to previous TRs:― agreement on exchange of experiences on existing CAP and practices;― on holding a SDoC workshop and on different approaches on CA including acceptance of results.

Conformity Assessment in previous Triennial Reviews

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- Good Regulatory Practice

- Transparency procedures

- Conformity Assessment Procedures

- Technical Assistance

- Special and Differential Treatment

Six Elements of IV Triennial Review

- Implementation and Administration of Agreement

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Selected issues: - obligation under Article 15.2 implementation and administration of Agreement; - changes involved by revisions of ISO/IEC Guide2: 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

Implementation and Administration of Agreement

Secretariat background: - Job(06)252 and Handbook on the TBT Agreement

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Secretariat background: - Job(05)107 and Job(06)24 (Section I)

Selected issues: 1. aspects of GRP;2. regulatory cooperation between Members.

Proposals from: - Brazil, Canada, Chile, Chinese Taipei, Colombia, Costa Rica, EC, Mexico, US.

Future work:- agreement to share experiences;- workshop on GRP addressing regulatory impact assessment among other topics.

Good Regulatory Practice

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Secretariat background: - Job(05)30 and 261; Job(06)24 (Section II)

Selected issues:1. approaches to conformity assessment;2. international standards guides or recommendations;3. facilitating the recognition of conformity assessment results.

Proposals from: - Chinese Taipei, Colombia, Costa Rica, Japan

Future work:- agreement to continue sharing experiences.

Conformity Assessment

Significant past work, including: -Special Meeting of TBT Committee in June 2004 (G/TBT/M/33/Add.1); - Workshop on SDoC in March 2005; - 16-17 March 2006 Workshop (G/TBT/GEN/31).

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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 SDoC: - 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.

Approaches to Conformity Assessment

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Selected issues: - Importance to use int’l standards, guides or recommendations or parts of them;- Playing full part in their preparation.

International Standards, Guides or Recommendations

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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

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Future work

Continue sharing experiences on: - approaches to CA;- use of int’l standards, guides or recommendations; - recognition of CA results.

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- Good Regulatory Practice

- Transparency procedures

- Conformity Assessment Procedures

- Technical Assistance

- Special and Differential Treatment

The six Elements

- Implementation and Administration of Agreement

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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.

Proposals from: - Canada, China, Chinese Taipei, Colombia, EC

Future work: - improve transparency including elaboration of practical ways for it; - special meeting on procedures for information exchange.

Transparency

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Secretariat background: - Job(05)20, Job(05)24 (Section IV), G/TBT/16

Selected issues:1. transparency in demand and supply of TA;2. effective provision of technical assistance;3. participation of developing country members in the work of in

international standardizing bodies.

Proposal from: - China

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.

Technical Assistance

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Secretariat background: - Job(06)269, Job(05)24 (Section V)

Selected issues: - how to improve transparency of the operation and implementation of Article 12.

Proposal from: - Costa Rica, China

Future work: - encouragement of exchange information and own assessment on S&D treatment and link to technical assistance.

Special and Differential Treatment (S&D)

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Thank you.