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A. Prior to notifications back to top
1. The Chilean National Commission on TBT(4)
The representative of Chile indicated that coordination among regulatory
bodies was considered a determining factor to ensure that relevant
protection levels were achieved by the standards set and that regulatory
interventions did not distort market performance. For that purpose,
Chile created in 1997 a National Commission on TBT. The Commission was
comprised of representatives of the different ministries that developed,
adopted and applied technical regulations, their respective agencies and
officials from the Foreign Affairs Ministry and the National
Standardization Institute. The task of the Commission was to coordinate
and thus provide consistency to the work of the various institutions
involved with the drafting of technical regulations and conformity
assessment procedures.
Responsibilities of the National TBT Commission included: Reviewing and
analyzing standardization, regulation and conformity assessment systems;
providing periodic updates on WTO/TBT activities; analysing WTO-related
issues that required a national position; taking measures to strengthen
market surveillance; reviewing the public availability of national
technical regulations; and identifying capacity building requirements.
Examples of topics discussed by the Commission in order to come to a
national position were: eco-labelling, the Cartagena Protocol and the
REACH system.
The National TBT Commission worked on a Decree implementing Law 19.912.
The scope of the Law, and therefore the Decree, related to the
principles of the TBT Agreement and good regulatory practices. This
included the use of international standards, non-discrimination, the
avoidance of unnecessary barriers to trade and transparency. The Decree
put in place a system of public consultations with a period of no less
than 60 days for comment and required regulatory agencies to make
relevant information available to the public. The Decree contributed to
enhancing the various agencies' awareness of the benefits of having
clear and uniform rules on how technical regulations and conformity
assessment procedures should be developed, adopted and applied.
In order to improve public availability of technical regulations, a new
website containing all Chilean technical regulations would be
established under the coordination of the Ministry of Economy and with
the participation of all agencies involved in the National TBT
Commission (this website would be financed in the context of an EU
cooperation programme). To improve the general understanding of the TBT
Agreement, the Chilean National Commission planned to organize training
of regulatory agencies and the business sector. The Commission also
intended to increase the knowledge of consumers on technical
regulations.
2. The “Notice and Comment” Procedure in the United States(5)
The representative of United States noted that for the development of
new technical regulations, US federal regulatory agencies worked
together with interested parties. The Administrative Procedures Act was
the key law governing the US regulatory process under which federal
agencies created the regulations needed to implement governmental
legislation. It ensured transparency in the establishment of new
regulations, providing for the participation of interested parties in
the process and ensuring that agencies met the same obligations for all
regulations. As defined by the Administrative Procedures Act, the US
process for developing regulations involved three steps, known as the
“Notice and Comment” procedure.
First, a notice of the proposed regulation was published in the US
Federal Register as a “notice of proposed rulemaking”. This notice
signalled to the public a new regulation, described the regulation in
detail (including information on a cost-benefit analysis of alternative
solutions, risk assessments and impact statements) and solicited public
comments. Second, within a period of 60 days (maximum 90 days), all
interested domestic and foreign parties could submit comments, which
were all equally considered. Public comments enhanced the agency's
knowledge of general and specific technical information on the proposed
regulation and allowed it to take corrective action, if necessary.
Decision-makers needed to take into consideration all the substantive
views expressed before the issuance of a final regulation. In case of
significant differences of opinion, the agency would allow a second
opportunity for public comments. Third, after the consideration of all
comments, the final rule was issued, including information on how
comments had been addressed.
The “notice and comment” procedure for all new technical regulations
could be tracked at the federal level in a daily publication, the US
Federal Register. To be able to notify final rules to the WTO, the US
enquiry point depended on regulatory agencies to alert it. To track
regulations at the sub-federal level, the US enquiry point used an
electronic tool, RegAlert, which allowed it to monitor all fifty States
for changes in technical regulations and conformity assessment
procedures. A new
website further contributed to the
transparency and accountability of the US regulatory system. It was used
as a portal where comments on regulations were submitted online.
B. Preparation and submission of notifications back to top
1. The Experience of Canada: the Standards Council and Export Alert!(7)
The representative of Canada said that International Trade Canada (ITCan)
retained overall responsibility for the coordination and implementation
of all the WTO Agreements. Since January 1980, ITCan contracted the
operation of the national notification authority and the national
enquiry point to the Standards Council of Canada (SCC).
Canada's experience showed that combining the two entities into one
office allowed for a better and more rapid coordination. SCC was
responsible for fulfilling the transparency obligations of the TBT, SPS
and NAFTA Agreements, distributing WTO notifications, answering
enquiries and providing information to foreign enquiry points on
Canadian standards, technical regulations and conformity assessment
procedures. While notification activities fell under the jurisdiction of
the enquiry point, the response to technical enquiries was handled by
the Information and Research Service.
At the federal level, proposed measures were published in the Canada
Gazette. To ensure proper consultation among the Canadian public,
regulators were required to provide, along with the proposed regulation,
a Regulatory Impact Analysis Statement (RIAS), which included a
description of the regulation as well as an analysis of alternatives,
costs, and benefits. Regulators were also required to provide a comment
period of at least 75 days for regulations that affected trade. The SCC
reviewed the proposed regulations to determine whether they should be
notified. Sub-national regulations were published on different schedules
in their respective provincial gazettes, which were also reviewed
regularly to identify the regulations that had to be notified.
Sub-national notifications continued to be a challenge for Canada,
because many provinces only published their regulations once adopted.
Canada notified technical regulations and conformity assessment
procedures at the draft stage. Once completed, the notification format
was sent to the WTO CRN (Central Registry of Notification), with copies
to the Canadian authorities and NAFTA counterparts. Since Canada started
to include, in July 2000, the URL to the regulation in the notification
format, the number of requests for regulatory texts from foreign enquiry
points had decreased. Canada believed that this type of instant
coordination and cooperation ensured that all stakeholders had the same
information and opportunity to provide comments. Every three years,
Canada organized a workshop for regulators on the TBT Agreement during
which an emphasis was put on the need to share comments with the enquiry
point because often comments were sent directly to regulators without
going through the enquiry point.
In order to filter the information contained in notifications
received, the Standards Council of Canada developed a system known as
Export Alert!(9).
Export Alert! was a web-based application free of charge
to Canadians used to disseminate WTO notifications to a variety of
stakeholders ranging from industry, regulatory agencies and standards
development organizations to academia. The service helped companies keep
abreast of regulatory changes in global markets before they became law
and provided input on measures that might affect their trading
activities. Canada had launched a second version of Export Alert!, which
currently enabled users to: Track regulatory developments in selected
countries, in addition to subject areas; request regulatory texts more
easily; and receive HTML e mail notifications. The SCC developed a
Spanish version of Export Alert! to help Latin American countries
disseminate WTO notifications to national stakeholders. Bolivia would be
the first country to use the service.
2. The Notification Procedure of the Trinidad and Tobago Bureau of
Standards(10)
The representative of Trinidad and Tobago noted that the Trinidad
and Tobago Bureau of Standards (TTBS), the national enquiry point since
1996, complied with its notification obligations under the TBT Agreement
by sending notifications on standards proposed for compulsory status to
the WTO. Voluntary standards were adopted by the TTBS board and
compulsory standards (equivalent to technical regulations) by the
Ministry responsible for Trade and Industry after recommendation by the
committee responsible for the development of the standard. The
notification process at TTBS began when its Standardization Division
sent a notice of a draft standard for public comment. Draft standards
were advertised for public comment in local daily newspapers. The
enquiry point checked whether the standard was compulsory and if so
extracted the information necessary to complete the WTO notification
format. The completed form was then forwarded by e mail to the Ministry
of Trade and Industry (notification authority).
At the enquiry point, the notification procedure took between one and
two days after the advertisement for public comment had been made. TTBS
was developing a new website where draft standards would be available
online with an open forum for comments. Due to the number of steps that
were necessary before the notification reached the WTO, the enquiry
point used a variety of available technological tools to speed up the
process. Notifications were checked at the Ministry of Trade and
Industry and then forwarded to the Trinidad and Tobago Mission in Geneva
via e-mail, which sent it to the WTO CRN. The Ministry also sent to the
mission the original documents for information.
Food, Drugs and Cosmetics Regulations were handled by the Chemistry,
Food and Drugs Division. While there was a well established relationship
between this Division and TTBS, different procedures existed in the two
agencies with regard to how regulations were handled. After internal
consultations, it had been agreed that regulations, before being sent to
the Ministry of Legal Affairs, would be notified through the enquiry
point for comment. Also, measures were being implemented to ensure that
existing technical regulations would be made available on the new TTBS
website.
3. The Notification Procedure of the Thai Industrial Standards
Institute(11)
The representative of Thailand said that in 1995, the Thai
Industrial Standards Institute (TISI) had been appointed as the single
national enquiry point for both the TBT and SPS Agreements. Following
reforms in 2002, two separate national enquiry points were established:
TISI, for all industrial products; and the National Bureau of
Agricultural Commodities and Food Standards, for food and agricultural
products. To ensure the fulfilment of the notification obligations,
coordination with relevant regulatory bodies was ensured through the
establishment of national committees. These committees included
representatives from relevant government organizations and the private
sector. To ensure effective coordination, representatives from the two
national enquiry points were represented in each other's TBT and SPS
national committees.
TISI remained informed about new technical regulations by monitoring the
cabinet website, receiving advice from regulatory bodies and checking
information through the media. Regulatory bodies were reminded of their
obligation to notify every three months. In case TISI had doubts on
whether or not to notify, it would always notify. Once filled-in, the
notification was sent to the WTO Permanent Mission which in turn
submitted it to the WTO CRN.
Thailand's notification procedure had six steps: (i) check for new or
proposed measures; (ii) assess if a notification was required; (iii)
decide whether it had to be notified under the TBT Agreement and/or the
SPS Agreement; (iv) decide whom to notify; (v) complete the notification
form; and, (vi) submit it to the WTO. Thailand encountered certain
specific difficulties: insufficient awareness of the notification
obligations at the operational level; problems in distinguishing between
TBT or SPS notifications; incomplete notification forms; delay in
translating technical regulations into English, due to budgetary
constraints; and occasionally late notification of regulations.
C. Processing and circulation of notifications back to top
1. The Processing of Notifications by the WTO Secretariat(12)
The representative of the Secretariat indicated that three
instances were involved in the internal processing of a TBT notification
once it had reached the WTO: (i) the Central Registry of Notifications (CRN);
(ii) the Trade and Environment Division; and (iii) the Document
Management System (DMS). The lifecycle of a TBT notification began when
a Member sent a notification to the CRN, by post, fax or e-mail. Then,
the notification was put on a file, given a record number and forwarded
to the Trade and Environment Division. It was important that
notifications be sent via e mail as otherwise they had to be retyped by
the Secretariat.
Once the notification had reached the Trade and Environment Division, it
was checked, and when necessary, clarification was requested. If a
notification contained SPS elements, the Trade and Environment Division
asked the Agriculture and Commodities Division to check whether it had
received the same notification. If this was not the case, the Trade and
Environment Division contacted the notifying Member to draw its
attention to the fact that the notification contained SPS elements. It
was then up to the Member to decide whether to notify the measure under
TBT, SPS or both Agreements.
Once checked, the notification was transmitted to the DMS, which
automatically sent it for translation. Once the notification was
attributed a number, it was circulated to the permanent missions in
Geneva (in paper copy) and posted on the WTO website. An
automated weekly e-mail distribution
had been set up to facilitate Members' access to notifications.
Normally, the internal processing of notifications by the Secretariat
took two working days.
2. How to Use the WTO Website and the CRN Database?(14)
The representative of the Secretariat said that there were two
ways to access notifications on the WTO website: the traditional way
through “Documents Online”; and through the CRN search interface. To
begin a search in "Documents Online", one could go to the “Advanced
Search” interface of “Documents Online” and fill in some basic
fields (e.g. “G/TBT/...” for TBT documents). The search could be
restricted by type (e.g. "notification"), by date or by Member. If one
searched by Member, both documents submitted by that Member or which
included that Member's name would appear. The search could be also
restricted by entering text in the “full text” field and only those
notifications containing those words would be retrieved.
The CRN search interface permitted the retrieval of notifications using
specific data fields of the CRN database. The search mechanism operated
in the same way as the standard search interface of “Documents Online”
on the public WTO website. The difference was that it included a search
by trade coverage of notifications and a search by the requirement under
which they were submitted.
In both systems, retrieved documents were presented in the standard
display format of “Documents Online” and could be consulted directly
on-screen or downloaded to a local computer. Documents could be
downloaded and saved by clicking on the right mouse button. To download
a series of documents, one could use the “download” feature which
appeared at the top of the page.
D. Handling of comments back to top
1. The Experience of the TBT Enquiry Point of the European Communities
and its TBT Website(16)
The representative of the European Communities noted that the
role of the TBT enquiry point, managed by the European Commission, was,
inter alia, to: (i) analyse, with the help of companies, the regulations
notified; (ii) coordinate the issuing of comments; (iii) transmit EC
notifications to the WTO Secretariat; (iv) ensure the follow-up of
comments received by the European Communities; and (v) answer requests
for information about notified projects. Once or twice a year, the
European Commission held meetings of notification authorities of EC
members States in order to discuss the implementation of the TBT
Agreement.
To enhance the participation of economic operators and to ensure the
highest level of transparency vis-à-vis WTO Members, the European
Communities launched in June 2004 a
TBT
website. Available in the three WTO languages, it provided: (i)
information on the TBT Agreement and on the objective and scope of TBT
notification procedures; (ii) a list of all national enquiry points and
notification authorities (WTO Members were encouraged to send their
respective websites); (iii) a compilation of notifications of WTO
Members which had led to comments by the European Communities and EC
notifications which had led to comments by WTO Members along with a
complete list of notifications throughout the month submitted by all WTO
Members; and (iv) a search facility of the EC database for
notifications. The EC/TBT website also offered a mailing list service
for subscribers to be informed via e-mail of new notifications made.
Notifications coming from one of the 25 member States were available in
all the 20 official languages. The European Communities hoped that the
practice of making draft texts available and indicating in the
notification a link to the PDF version would be followed by other
Members. If the European Commission, a member State or an economic actor
showed an interest in a particular notification by a WTO Member, the EC/TBT
enquiry point verified the time delay for the submission of comments
and, if necessary, requested an extension. If a service of the European
Commission wished to comment, an internal procedure of consultation of
the relevant services of the Commission and possibly the national member
State authorities was put in place. Once finalized, the comments were
sent to the WTO Member concerned and published on the EC/TBT website.
In case of comments on a notified EC text, the European Communities took
the comments into account and made every effort not to adopt the text
before having replied to the comments. The response, drafted by the
relevant services of the Commission, was sent to the TBT enquiry point
of the WTO Member concerned. With regard to notifications by one of the
25 member States, the Commission wrote the final answer together with
the member State concerned and sent it in the name of the European
Communities. As the European Communities had an exclusive competence in
the area of common commercial policy, a member State notifying a draft
regulation directly to the WTO Secretariat had to inform the European
Commission of the comments received on its national draft.
E. Transparency obligations under the Code of Good Practice back to top
1. The Malaysian Standards Infrastructure(18)
The representative of Malaysia said that the Malaysian standards
system was made up of two institutions: (i) the SIRIM Berhad, and (ii)
the Department of Standards Malaysia (DSM). DSM appointed SIRIM Berhad
as the sole standards development agency. DSM was responsible for all
policy matters with regard to standardization and also operated the
national accreditation program for operating laboratories and
certification bodies. SIRIM Berhad had operational responsibility,
organized Malaysian representation in regional and international
standards bodies, published, printed, sold and distributed Malaysian
Standards.
In 1996, DSM notified its acceptance of the TBT Code of Good Practice to
the ISO/IEC Information Centre. As the officially recognized national
standardizing body in Malaysia, DSM's role was to ensure that the
national standards system was in compliance with the Code. The Standards
Malaysia Act required the publication of all approvals and withdrawals
of standards in the government gazette and included mandatory provisions
for providing opportunities to comment before the adoption of standards.
To ensure that the development of standards was in compliance with the
Code of Good Practice, a “Quality Manual by Operating Procedures and
Work Instructions” had been established describing the various
processes, e.g.: Process for obtaining public comments; process for the
publication of standards; and process of harmonization with
international standards.
Public comment was one of the most important and critical stages in the
development of Malaysian standards. All draft standards were issued for
public comment by announcement in national newspapers and published on
SIRIM Berhad’s website for a comment period of sixty days, where
they could be downloaded free of charge.
Draft Malaysian Standards which followed the exact content of
international standards were, however, not placed on the website due to
copyright restrictions, but available at a charge upon request.
All interested parties had the possibility of participating in the
standards development process, through sectoral or technical committees,
working groups, or through the public comment process. Procedures were
in place to provide for balanced representation of all stakeholders in
the various committees. The obligations contained in Paragraph J of the
Code of Good Practice were fulfilled by publishing the work programme
twice a year in the Standards and Quality News. Additionally, the
approval of new projects and the withdrawal of standards was announced
in national newspapers and on websites on a regular basis. Pursuant to
Paragraph K of the Code of Good Practice, DSM was a national member of
ISONET and SIRIM Berhad an Associate Member of ISONET.
With regard to the harmonization provisions contained in the Code of
Good Practice, Malaysia had implemented a policy of adopting the most
relevant parts of international standards as a basis for the development
of Malaysian standards. Both at the national and regional level (e.g.
APEC), there were initiatives to align standards with international
standards. Malaysia had undertaken numerous actions to increase its
participation in international standardization: Promotional and
educational events on the benefits of participating in international
standardization had been held, and international standards meetings
hosted.
2. The Activities of the ISO/IEC Information Centre(20)
The representative of ISO noted that the objective of the
Information Centre, jointly operated by the International Organization
for Standardisation (ISO) and the International Electro-technical
Commission (IEC), was to provide stakeholders with information on
standards, standardization, and related matters. Linked to the ISO/IEC
Information Centre, there were websites and activities related to the
World
Standards Services Network (WSSN) and to international standards
organizations. ISO also operated the information network ISONET, which
was monitored by the ISO Central Secretariat. The ISO/IEC Information
Centre also served as an information office on draft standards.
The ISO/IEC Information Centre provided four types of services:
an ISO/IEC
information website (opened in November 2004); answers to enquiries;
information to the WTO Secretariat; and maintenance of a library of ISO
and IEC publications. The ISO/IEC website contained information on
standardisation and conformity assessment, the TBT Agreement, the TBT
Standards Code Directory, which was updated annually, other standards
publications, general vocabulary on standardization and general
classification of standards widely used. The website also contained an
enquiry service where questions could be posted, which were, depending
on the scope of the enquiry, directed to IEC, ISO or other standardizing
bodies. The enquiry service was provided by the IEC customer information
centre and ISO information services, in accordance with their respective
areas of competence.
The information services provided to the WTO included the registration
of notifications received from standardizing bodies, e.g. on the
acceptance of the Code of Good Practice and the existence of work
programs. ISO/IEC also published, once a year, the WTO TBT Standards
Code Directory with updated information on the acceptance of the Code of
Good Practice; it was normally circulated to all Members every year at
the first meeting of the TBT Committee. The Information Centre's
library, which was mainly used by students and experts from Small and
Medium-Sized Enterprises (SMEs), was a useful resource containing the
wide range of ISO and IEC publications.
F. The functioning of Enquiry Points back to top
1. The Functioning of the Brazilian Enquiry Point and the Services
Developed to Assist Exporters(23)
The representative of Brazil said that to promote the
implementation of the TBT Agreement, Brazil remodelled the activities of
the enquiry point and notification authority under the responsibility of
the National Institute of Metrology, Standardization and Industrial
Quality (INMETRO). In order to help Brazilian exporters overcome
technical barriers to trade, INMETRO launched in March 2002 a new online
service. Brazilian exporters used this to contact the enquiry point
directly and access all information on technical regulations, as
provided by WTO Members, before they entered into force. This service
was free of charge and could be accessed through the
INMETRO
website.
INMETRO also carried out a series of workshops to promote exporters'
awareness of the importance of participating in the notification
process. In order to provide Brazilian exporters with a fast access to
technical regulations and conformity assessment procedures in force, it
was decided to launch one more service: a list of technical regulations
in force by country and product available on INMETRO's website.
AlertaExportador, implemented with the assistance of the Canadian
enquiry point SCC, set up an automatic early notice of proposed
technical requirements to provide companies with the opportunity to
adapt their products before the relevant requirements were in force and
to thus prevent delays in the delivery of goods. Once registered online,
exporters received an automated e-mail every time the database was
updated with a new proposal by a WTO Member. A summary of the
notification was available in Portuguese to provide exporters with the
most relevant information on the possible impact on the market. After
having received an early warning notice and deciding upon its relevance
for access to a particular market, exporters could request the full text
of any technical regulations and conformity assessment procedures
notified. They were then able to present comments through the internet
facility. Exporters could also send a complaint concerning a technical
barrier to trade, which was then analyzed by the staff of INMETRO to
launch the necessary procedures and possible consultations with other
agencies of the Brazilian government. In August 2004, an agreement had
been reached under the auspices of the standardization organizations of
Brazil and of other MERCOSUR countries to provide these countries with
an access to AlertaExportador(25).
2. The Chinese Experience in Enhancing the Role of the Enquiry Point(26)
The representative of the People's Republic of China noted that in 1997,
in preparation for its WTO membership, a TBT enquiry point had been
established, which was further strengthened after the country's
accession in December 2001. Located at the State General Administration
for Quality Supervision, Inspection and Quarantine (AQSIQ), the "WTO/TBT
National Notification and Enquiry Center of the People’s Republic of
China" had 15 staff members which serviced three departments, the
Department of TBT Notifications and Enquiry, the Department of TBT
Research, and the Department of Networks. The enquiry point recruited
highly qualified personnel, and equipped its offices with an advanced IT
infrastructure.
The TBT enquiry point was responsible for the technical check of Chinese
TBT notifications filled out by various ministries. A system of
three-level examination had been adopted to ensure the quality of
notifications. To facilitate the strict adherence to the rules and
procedures recommended by the TBT Committee, 85 resolutions and
recommendations had been translated into Chinese, compiled into a
brochure and published. Although, in China, some technical regulations
were adopted by the local government bodies (i.e. provincial, municipal,
autonomous and regional), so far, only national technical regulations
had been notified.
Concerning notifications by other WTO Members, China translated all TBT
notifications into Chinese within two to three working days, and
distributed both the Chinese and English versions to government
departments, industrial sectors and other related organizations. At the
same time, notifications were submitted to the Chinese TBT/SPS website(27)
and were made available to the public free of charge. The enquiry point
compiled and published a number of reports on technical barriers to
trade, such as a the "WTO/TBT Express", "Reports of the TBT-SPS Enquiry
Points", "Understanding of the TBT Agreement" and a nationwide
periodical containing information on technical trade barriers.
Additionally, TBT information was disseminated via traditional media
channels, weekly on China's central TV station. The TBT enquiry point
carried out research on key issues in international trade and published
reports which were used as reference material for selected industries.
The Chinese enquiry point replied to reasonable enquiries from
governmental, import and export enterprises as well as domestic and
foreign trade associations by providing interested parties with the full
text of notifications from the WTO database and/or referring them to the
relevant regulatory agencies and ensuring coordination among different
agencies, when necessary.
When China received TBT notifications from other Members, the TBT
enquiry point distributed them to government agencies, the industrial
sector and related organizations for comment. To increase companies'
knowledge of the TBT Agreement, the enquiry point carried out selected
publishing and training activities. It also organized workshops on
formulating effective comments on notifications. Comments received from
other WTO Members concerning China’s notifications were conveyed to
competent departments and translated into Chinese, if necessary.
China's experience demonstrated that the following elements were of
crucial importance for a successful operation of a national TBT enquiry
point: the full attention of the central government, clear working
procedures, highly qualified staff and advanced office equipment along
with an active participation in meetings of the TBT Committee and other
related activities.
3. The Kenyan Experience in Establishing and Running a National Enquiry
Point(28)
The representative of Kenya recalled that in 1995, the Kenya Bureau of
Standards (KEBS)(29) was officially designated as the TBT national enquiry
point. However, its implementation and functioning was only realized in
1999, aided by technical assistance from WTO/UNCTAD/ITC under Phase I of
a JITAP(30) project, which provided technical facilities, helped setting up
a technical regulation database, and organized a study tour to European
enquiry points. In the process of establishing the national enquiry
point, it was realized that its functions and operations were closely
related to those of the KEBS Standards Information Resource Centre (SIRC),
which stored all standards and technical regulations for Kenya. To avoid
a duplication of activities, the national enquiry point was integrated
into the existing SIRC.
To speed up the process of receiving TBT notifications, one of the two
staff of the national enquiry point downloaded TBT and SPS notifications
directly from the WTO website and stored them on the local server. Then,
the national enquiry point summarized each notification and compiled
this information in a monthly publication, the “WTO/TBT Notification
Update Bulletin” which was distributed electronically to over 400
organizations and individuals. As this bulletin was only compiled and
circulated monthly, a selective dissemination of information had
recently been introduced. Notifications on specific products were
selected on a daily basis and then sent to specific clients. This
service would gradually be offered (free of charge) to the industry in
2005.
The response time to enquiries received by the national enquiry point
depended on the nature of the information required; an average of two
days for information available in Kenya and up to one week for
information from other countries. The national enquiry point had
experienced some problems and challenges, which could be addressed
through technical assistance: The limited awareness of industry on the
trade benefits of the notification procedure; the lack of office
technology to make Kenya's enquiry point a
one-stop-information-service-point; the difficulties of translation and
reception of full texts when requested from other national enquiry
points; the lack of internet access for many SMEs; the limited server
capacity of the enquiry point; and the need to create an interactive
website, which could allow full text searches.
G. Benefiting from transparency provisions: Dissemination of information back to top
1. The Experience of the Mexican TBT/SPS Enquiry Point(31)
The representative of Mexico said that the Mexican TBT/SPS enquiry
point, located at the Under-Secretariat of the Foreign Affairs Ministry,
had been operating since 1995. One problem was the difficulty to
evaluate and assess the enquiry points' role, as the benefits provided
to the business community were often indirect and not visible.
Insufficient budgets resulting in the lack of material and human
resources were issues of common concern which made it difficult to
respect deadlines. The lack of continuity and follow-up, especially
after a change of government, was an aspect which burdened the work of
some Members' enquiry points. It was thus necessary to establish clear
processes and procedures.
Several tools could help to satisfy users of the enquiry point and
provide the relevant information in a timely manner: Internet portals
were a means to ensure appropriate accessibility to the information and
establish more effective communication amongst the stakeholders
involved; knowledge exchange between Members could help to generate
ideas; technical assistance could play an important role. Moreover, it
was necessary to be in contact with stakeholders nationally, such as
chambers of commerce, associations and businesses. As information
providers, enquiry points needed to function as a link between private
and public bodies nationally and internationally. In providing their
services, enquiry points should construct the management of information
strategically and stand ready to advertise the benefits of the services
provided.
After a paper bulletin had been in place between 1995 and 1997, and
later replaced by an online bulletin, the Mexican enquiry point
developed, between 2001-2004,
Notificarnom-Alert, a service accessible online. Notificarnom-Alert
functioned in the same way as the web Canadian and Brazilian facilities.
2. The Experience of Chinese Taipei and the Product-Classified
Notification Dissemination System(33)
The representative of Chinese Taipei noted that the Bureau of Standards,
Metrology and Inspection (BSMI) was responsible for the implementation
of notification procedures under the TBT Agreement. Electronic tools
were used for checking and downloading notifications from the WTO
website, translating and categorizing them and subsequently uploading
and distributing them via e-mail to the public and the private sector
concerned. A product-classified notification dissemination system
introduced in early 2004 aided in distributing the right notifications
to the relevant public and private sector entities, grouped
notifications into 14 different categories and classified them by HS
code. Translated notifications could be accessed at the
BSMI website and
also in a monthly publication.
To handle feedback appropriately, BSMI assisted the public and the
private sector in making requests for additional information from other
WTO Members. The enquiry point accumulated and filed comments on
Members' regulations, discussed those with authorities and associations
before finalizing them and sending them to WTO Members. A survey
undertaken among 20 companies and associations had indicated that most
of them were satisfied with the dissemination of notifications and that
their business operations benefited from these notifications. Chinese
Taipei was dedicated to the transparency of notifications and had
undertaken different activities in this regard. While the notification
dissemination system was greeted positively by the private and public
sectors, the awareness of the private sector, mainly SMEs, on TBT issues
needed to be further increased.
3. The Uganda TBT/SPS Coordination Committee(35)
The representative of Uganda indicated that the infrastructure for
implementing the TBT Agreement was threefold. First, the Ministry of
Tourism, Trade and Industry was the WTO focal point and the national
notification authority for TBT and SPS. It was responsible for the
notification procedures and for bilateral and plurilateral trade
negotiations. Second, the Uganda National Bureau of Standards (UNBS) was
the national enquiry point for TBT and SPS as well as the national
contact point for the Codex Alimentarius Commission. It was responsible
for answering enquiries about technical regulations, standards,
conformity assessment procedures and sanitary and phytosanitary
measures.
Third, the TBT/SPS Coordination Committee (chaired by the UNBS) was an
institutional and multi-sector committee consisting of regulatory and
private sector organizations responsible for the implementation of the
TBT and SPS Agreements at the national level. This Committee provided
the backbone for the distribution of TBT notifications. Notifications
that required comments were identified by the members of the Committee
and then brought to the attention of the national notification
authority, which requested their texts. When the notified draft
regulations had been obtained, the national notification authority
distributed them to members of the Committee for comments. Each member
of the Committee submitted written comments to the national notification
authority which then compiled, merged and circulated them for discussion
during the Committee's coordination meeting. When the Committee met, the
comments that were agreed upon were forwarded to the national
notification authority of the notifying WTO Member. Subsequently, the
Ugandan notification authority circulated feedback received from the
notifying Member to the TBT/SPS Coordination Committee including
information on how the comments were handled.
There were some gaps in the implementation of the transparency
provisions of the TBT Agreement in Uganda: As the TBT/SPS Coordination
Committee was only one year old, an efficient IT infrastructure still
needed to be set up to facilitate the dissemination of information; the
Committee had yet to obtain legal status; the lack of personnel at the
national enquiry point (only one staff member, the presenter himself);
budgetary constraints which resulted in the inability of capital-based
officials to attend meetings of the TBT Committee; awareness among the
private sector and regulatory bodies on the benefits of the SPS and TBT
Agreements needed to be raised; and notifications were distributed
through electronic means, but internet access, especially by the private
sector, was still inadequate.
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NOTES:
1. The programme of the meeting is contained in document
G/TBT/GEN/13.
back to text
2. See
“Transparency Requirements and Procedures”, Note by the Secretariat, to
be issued. back to text
3. Programme
with links to presentations.
back to text
4. Presentation
made by Mrs. Ana María Vallina, Head of the Foreign Trade
Department, Ministry of the Economy, Chile.
back to text
5. Presentation made by Ms. Anne Meininger,
U.S. Enquiry Point, National Institute for Standards and Technology.
back to text
7. Presentation
made by Ms. Andrea Spencer, Coordinator of the Canadian WTO/NAFTA
Enquiry Point. back to text
9. To register at Export Alert!, a profile
indicating areas and countries of interest must be filled in on www.scc.ca.
back to text
10. Presentation
made by Mrs. Devitra Maharaj-Dash, Head of the Standards Information
Centre of the Trinidad & Tobago Bureau of Standards (TTBS).
back to text
11. Presentation
made by Mrs. Rampaipan Nakasatis, Director of the Standards Bureau
of the Thai Industrial Standards Institute (TISI).
back to text
12. Presentation
made by Mrs. Stefania Bernabè, WTO Secretariat, Trade and
Environment Division. back to text
14. Presentation made by Mr. John
Dickson, WTO Secretariat, Documents System Section.
back to text
16. Presentation made by Mr. Cyril Hanquez,
European Commission, Directorate General Enterprise.
back to text
18. Presentation made by Ms. Salmah Mohd
Nordin, Senior Standards Executive of the Standards Management
Department of Malaysia. back to text
20. Presentation
made by Mr. Evgueni Patrikeev, Director of ISO information services.
back to text
23. Presentation
made by Ms. Annalina Camboim, Head of the Brazilian Enquiry Point.
back to text
25. During the discussion,
Mozambique expressed its interest in taking part in the Brazil-MERCOSUR
agreement to also benefit from access to AlertaExportador. In this
context, it pointed to the problems of translation it encountered as a
Portuguese speaking country and the necessity of sharing translations
and information from different workshops and seminars among WTO Members.
back to text
26. Presentation
made by Mrs. Guo LiSheng, Deputy Director of the Chinese enquiry
point. back to text
27. The
TBT/SPS website included information on technical barriers to trade in
China and abroad. back to text
28. Presentation
made by Mr. Evanson Ndung'u of the Kenya Bureau of Standards (KEBS).
back to text
29. The Kenya Bureau of Standards
was established in 1974.
back to text
30. Joint Integrated Technical
Assistance Programme. back to text
31. Presentation made by
Mrs. Danielle Schont Avenel, representative of the Mexican enquiry
point. back to text
33. Presentation
made by Mr. M. S. Chen, Section Chief of the Bureau of Standards,
Metrology and Inspection. back to text
35. Presentation
made by Mr. George Opiyo, Manager of the TBT and SPS notification
point of Uganda. back to text
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