The TBT Agreement and Harmonization

1. The TBT Agreement and Harmonization WTO, Trade and Environment Division

2. Philosophy of the TBT Agreement Stated Preference for International Standards International Conformity Assessment Procedures

3. The Preamble of the TBT Agreement Development of International Standards is Encouraged

4. The Preamble of the TBT Agreement Important to Improve Efficiency of Production Important to Facilitate International Trade Important to the Transfer of Technology from developed to developing countries

5. Applicability of the TBT Agreement Technical Regulation Standard Voluntary Measures Mandatory Measures Conformity Assessment Procedure

6. Definitions in theTBT Agreement

7. What is a Standard ? Example... VHS Betamax

8. What is a Standard ? Approved by a Recognized Body Provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods Compliance is voluntary TBT Annex 1.2

9. International Standardizing Bodies ? They are not explicitly recognized in the TBT Agreement

10. International body or system Body or system whose Membership is open to the relevant bodies of at least all Members TBT Annex 1.4

11. International standards? Standards prepared by the international standardization community are based onconsensus. TBT Annex 1.2 This Agreement covers also documents that are not based on consensus.

12. Based or not based on consensus? and the Sardines Case The first sentence reiterates the norm of the international standardization community that standards are prepared on the basis of consensus. The following sentence, however, acknowledges that consensus may not always be achieved and that international standards that were not adopted by consensus are within the scope of the TBT Agreement. This provision therefore confirms that even if not adopted by consensus, an international standard can constitute a relevant international standard.

13. Relevant Provisions of the TBT Agreement

14. 2 aspects Provisions on the role of international standards in the elaboration of technical regulations Article 2 Provisions on the Preparation, adoption and application of national standards Code of good practice

15. TBT Article 2.4 Where technical regulations are required and relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems

16. TBT Article 2.4 Technical regulations are required + If Relevant international standards (IS) exist Members shall use IS as a basis for their technical regulations Then When such IS would be an ineffective or inappropriate means The fulfilment of the legitimate objectives For Except For example, fundamental climatic or geographical factors or fundamental technological problems Because of

17. TBT Article 2.4 Climatic factors Geographical factors Technological problems ... Members shall use relevant international standards Except when inappropriate or ineffective for the fulfilment of a Legitimate objective for instance because

18. Article 2.4 and the Sardines Case What is a relevant international standard? Members shall use them as a basis for their technical regulations Except when such international standards would be an ineffective or inappropriate means for the fulfillment of the legitimate objectives pursued

19. Article 2.4 and the Sardines Case What is a relevant international standard?

20. Article 2.4 and the Sardines Case Product Coverage? Bearing on or related to the matter in hand; pertinent Not required for the adoption of a standard Consensus? Relevant International Standard

21. Article 2.4 and the Sardines Case Members shall use them as a basis for their technical regulations

22. Article 2.4 and the Sardines Case “Based on”: SPS (EC-Hormones) “main constituent”, “determining principle” "Use as a Basis" “as a basis”

23. Article 2.4 and the Sardines Case Except when such international standards would be an ineffective or inappropriate means for the fulfillment of the legitimate objectives pursued

24. Article 2.4 and the Sardines Case Ineffective or Inappropriate Means For Fulfillment of Legitimate Objectives Closely related Ineffective Inappropriate Not having a result Not specially fitting, suitable

25. Article 2.4 and the Sardines Case Ineffective or Inappropriate Means For Fulfillment of Legitimate Objectives Legitimate Objectives To be interpreted in the context of Article 2.2

26. Article 2.4 and the Sardines Case National security requirements Protection of human health or safety Legitimate objectives Protection of animal or plant life or health Protection of the environment TBT Art. 2.2 Prevention of deceptive practices …Inter alia…

27. TBT Article 2.5 – 1st Sentence “A Member preparing, adopting or applying a technical regulation which may have a significant effect on trade of other Members shall, upon the request of another Member, explain the justification for that technical regulation in terms of the provisions of paragraphs 2 to 4”

28. TBT Article 2.5 – 1st Sentence Art. 2.5 establishes a mechanism for Members to seek information about objectives of technical regulations AB in EC–Sardines + Enquiry Point (Art. 10.1)

29. TBT Article 2.5 – 2nd Sentence “… Whenever a technical regulation is prepared, adopted or applied for one of the legitimate objectives explicitly mentioned in paragraph 2, and is in accordance with relevant international standards, it shall be rebuttably presumednot to create an unnecessary obstacle to international trade”

30. TBT Article 2.5 – 2nd Sentence A Member bases a technical regulation on an international standard The technical regulation is for one of the legitimate objectives explicitly mentioned in Art. 2.2 It’s rebuttably presumed not to create an unnecessary obstacle to international trade 2 conditions

31. TBT Article 2.6 Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of international standards, guides or recommendations for products for which they have adopted or expect to adopt technical regulations

32. TBT Article 2.6 Members shall play a full part Within the limits of their resources In the preparation by appropriate international standardizing bodies of international standards, guides or recommendations For What ? Products for which Members have adopted/expected to adopt technical regulations

33. The Importance of Participation in International Standards-Setting Activities

34. Doha Ministerial Conference: The mandate to the Director General Takes note of the actions taken by the Director-General to facilitate the increased participation of Members at different levels of development in the work of the relevant international standard setting organizations as well as his efforts to coordinate with these organizations and financial institutions in identifying TBT-related technical assistance needs and how best to address them • Paragraph 5.3 (i) of the Decision on Implementation-Related Issues and Concerns, adopted in Doha, 14 November 2001.

35. Doha Ministerial Conference: The mandate to the Director General Urges the Director-General to continue his cooperative efforts with international standard setting organizations and financial institutions, including with a view to according priority to the effective participation of least-developed countries and facilitating the provision of technical and financial assistance for this purpose • Paragraph 5.3 (ii) of the Decision on Implementation-Related Issues and Concerns, adopted in Doha, 14 November 2001.

37. Actions to Increase Participation of Developing Countries Information was received from the following International Organizations BIPM (Bureau International des Poids et des Mesures) FAO and FAO/WHO Codex Alimentarius IAF (International Accreditation Forum) IEC (International Electrotechnical Commission) ILAC (International Laboratory Accreditation Cooperation) ISO (International Organization for Standardization)

38. Actions to Increase Participation of Developing Countries Information was received from the following International Organizations OIML (International Organization for Legal Metrology) UNCTAD (United Nations Conference on Trade and Development) UN/ESCAP (Economic & Social Commission for Asia and the Pacific) UNIDO (United Nations Industrial Development Organization) The World Bank

39. Decision of the TBT Committee regarding the development of international standards, guides and recommendations(2nd Triennial Review, Annex 4)

40. Harmonization Principles for the Development of International Standards, Guides and Recommendations Coherence Transparency Development Dimension Openness Impartiality and consensus Effectiveness and relevance

41. Transparency On current work programmes, proposals and final results Easily accessible essential information At least all interested parties in at least all WTO Members For To provide for adequate time for written comments Establish procedures General Principle

42. Transparency Early notice of the ISB’s proposal to develop a standard Early communication to members of the ISB of the draft standard Upon request, prompt provision of the draft standard Adequate period of time for comments Prompt publication of a standard upon adoption Publish periodically a work programme Transparency Procedures

43. Openness On a non-discriminatory basis Membership of an ISB should be open To relevant bodies of at least all WTO Members Policy development Openness with respect to Every stage of standards development Any interested member of the ISB, especially developing country members, with an interest in a specific standardization activity should be provided with meaningful opportunities to participate at all stages of standard development

44. Openness Proposal and acceptance of new work items Technical discussion on proposals Submission of comments on drafts Reviewing existing standards Voting and adoption of standards Dissemination of the adopted standards Openness at every stage of standard development, such as

45. Impartiality and consensus Impartiality should be accorded throughout all the standards development process with respect to Access to participation in work Consideration of views expressed Obtaining information and documents Decision-making through consensus …

46. Impartiality and consensus With meaningful opportunities to contribute to the elaboration of an IS All relevant bodies of WTO Members should be provided Take into account the views of all parties concerned Consensus procedures should be established that seek to Reconcile any conflicting arguments

47. Effectiveness and relevance Distort the global market Have adverse effects on fair competition Stifle innovation and technological development Give preference to characteristics of specific countries when different interests exist in other countries Be performance based rather than based on design or descriptive characteristics IS should IS should not

48. Effectiveness and relevance It’s important that IS Take account of relevant regulatory or market needs in the elaboration of standards Put in place procedures aimed at identifying and reviewing standards that have become obsolete, inappropriate or ineffective for various reasons Put in place procedures aimed at improving communication with the WTO

49. Coherence It’s important that ISB Avoid duplication of, or overlap with, the work of other international standardizing bodies In this respect, cooperation and coordination with other relevant international bodies is essential

50. Development dimension Constraints on developing countries should be taken into consideration in the standards development process The impartiality and openness of any international standardization process requires that developing countries are not excluded de facto from the process Technical assistance and capacity building