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WTO NEWS: 2000 NEWS ITEMS

Geneva, 20 July 2000

Workshop on technical assistance and special and differential treatment in the context of the TBT Agreement Session reports of the moderators

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Session one

Implementation and administration of the Agreement
Moderator: Dara Williams (Australia)

1. This Session dealt with the difficulties faced by developing country Members and their needs concerning the implementation and administration of the Agreement, focussing in particular on the following elements:

(i) notification obligations;
(ii) setting up of national enquiry points;
(iii) implementation of the Code of Good Practice for the Preparation, Adoption, and Application of Standards by national standardizing bodies;
(iv) preparation of technical regulations; and
(v) submission of statements under Article 15.2.

2. Concerning notifications, problems are encountered both in the preparation of Members' own national notifications as well as in the provision of comments on other Members' notifications. National notifications are often not made due to relevant agencies' lack of awareness of the TBT obligations, lack of priority given to implementing these TBT provisions, and the fact that the various agencies responsible for submitting TBT notifications are not made aware of draft legislation created by other national authorities. The need for explanatory notes on the content of notifications and coordination between relevant agencies was highlighted. Inadequate coordination can also hinder the provision of comments within sometimes shorter than foreseen comment periods. A national information-gathering and dissemination mechanism could be useful.

3. Problems faced with the establishment of national enquiry points mostly relate to the lack of financial and human resources as well as means of modern communication for their efficient operation. The need for sufficient qualified personnel was emphasized. Technical assistance on data processing and administration proved to be useful. The use of local consultants (from the region, sharing similar experience) was also mentioned. A key concern related to the need for enquiry points to improve cooperation with regulatory authorities in order to respond to queries within an adequate period of time. Cooperation could be improved by the availability of adequate computer equipment within relevant institutions.

4. On the implementation of the Code of Good Practice, problems identified seemed to be closely related to international standards issues. These included the translation problems of international standards and the participation difficulties of developing countries in international standardization activities. The importance of involvement of industries for standard development was highlighted, and that countries, in view of the limited resources, should prioritise their international standardization activities according to their interests.

5. The preparation of technical regulations might be hampered due to the absence of a harmonized methodology and inadequate coordination, which could lead to overlapping or contradictory regulations. It was noted that the use of international standards as a basis for national standards, as well as minimizing mandatory regulations could be useful means to save scarce resources and assist domestic producers to enter into the global market system. There was also a need for guidance as to how countries could implement Article 2.7 on equivalence of technical regulations. Several speakers mentioned that, in view of limited government resources and facilities, conformity assessment activities in the regulatory areas should be carried out as much as possible by the private sector with government surveillance.

6. Difficulties associated with the submission of statements under Article 15.2 (as laid out in document G/TBT/1/Rev.6) seem to be related to the substantive problems identified above. The identification of solutions to the above problems would facilitate the submission of the statements.

7. In order to enhance the effective provision of technical assistance, it was highlighted that, whilst developing countries face quite similar problems regarding the implementation and administration of the Agreement, their specific needs and appropriate solutions to address those needs, are different. Developing countries were encouraged to identify their specific needs. It was suggested that independent needs assessments could be useful in this regard. Some developing countries noted that they would benefit from guidance on how to present their problems.

8. For the effective implementation of the Agreement, it was suggested that a national policy/legislation could usefully be developed by the government, involving relevant government agencies and the private sector, such as industry and conformity assessment bodies. In order to overcome lack of political and stakeholder interest, it might be useful if the benefit and importance of implementing the TBT provisions was pointed out to relevant bodies by a third party.

9. There was discussion that technical assistance at both the national and regional levels was required, but it was recognized that thought needed to be given to which level was more appropriate depending on the objectives pursued. It was suggested, for example, that some issues concerned with lack of infrastructure might be addressed at the regional level, while training or personnel (including training of trainers), for example, might require national technical assistance. Seminars were acknowledged as continuing to be a valuable vehicle for awareness-raising and information dissemination, both generally and if fine-tuned to the needs of specific sectors. Targeted awareness-raising could be particularly helpful in improving coordination amongst relevant agencies to address problems related to notifications and the effective functioning of national enquiry points.

10. Emphasis was also placed on the usefulness of other types of technical assistance, such as in-house training aimed at the practical implementation of TBT provisions, which might involve the presence of experts for a more extended period of time. Some interventions highlighted the benefits of follow-up to specific technical assistance programmes and the advantages of a longer term approach in the planning of technical assistance activities. A longer-term approach could result in coherent and integrated technical assistance programmes which address high-priority needs first and then build on the results obtained.

11. Several interventions highlighted the benefits of technical cooperation in the form of direct dialogues between developing countries on national solutions to certain implementation problems. Information exchange of this kind could assist countries in devising their own tailored responses to specific needs. The role that regional and international organizations do and can play in this regard was acknowledged.

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Session two

International standards
Moderator: Martin Loken (Canada)

1. This Session dealt with problems faced by developing country Members and their needs in the area of international standards. Problems identified included:

(i) the lack of effective participation in international standardization bodies (ISBs);
(ii) the lack of expertise in the international standardization process;
(iii) operational constraints, such as the lack of human and financial resources;
(iv) the absence of a clear definition of an international standard; and
(v) the relevancy of international standards to developing country needs.

2. It was noted that developing countries, although constituting a large percentage of the membership of ISBs, were proportionately under-represented in technical committee secretariats and had limited participation in meetings of ISBs. Since the numerous secretariats and meetings were located and held in developed countries, it was difficult for developing countries to find the time and money to participate. In addition, due to the lack of expertise, developing countries were unable to deliver sufficient technical input and to ensure a consistent project management for their effective involvement in the international standardization process. In view of the sheer amount of meetings held by ISBs, it is difficult for most countries to attend all of them.

3. One problem mentioned by a few speakers was the lack of clear definition of an international standard. Reference was made to “formal” standards and de facto standards, as well as the multiplicity of organizations involved. Question was raised about the relevancy of international standards as they did not always reflect developing country needs, particularly if they were to be used as technical regulations. The problem of translation of international standards in languages other than English and French was also mentioned.

4. To help solve the problem of participation, the importance of prioritising the international standardization activities related to products or subject-matter of particular interest to developing countries was highlighted. It was also suggested that the secretariats or chairmanship of technical committees of ISBs could be rotated. Another solution was to facilitate effective participation by means of electronic technologies, such as using email and video conferencing as alternatives to traditional meetings. The importance of ensuring access to information at the national level was stressed. Increasing awareness and co-ordination at the national level among stakeholders, including industry, with respect to the importance of international standards related to trade interests could also help to strengthen the resources of national standardization bodies, thus enhance their effectiveness in the international standardization process. Examples were also given on how regional cooperation could help in this respect.

5. It was noted that ISB Secretariats were trying to deliver some solutions to address the participation concerns, e.g. through virtual voting and electronic committees. ISO and IEC reported their efforts to disseminate information (including working and final papers) and conduct standards development work through the internet, as well as to set up systems for electronic voting. A World Standard Service network had links to websites where standards were catalogued. Some of the meetings of ISBs were held in developing countries in order to enhance participation. ISBs were also tackling the translation problem, for example, through Spanish task groups and making official translation available in Spanish. FAO/CODEX had official languages including Arabic and Chinese.

6. It was also noted that there existed programmes delivered by developed country governments, international and regional bodies providing technical assistance to improve the level of expertise in developing countries. Projects included trainee-ships, dispatching experts to developing countries and seminars on standardization. Various technical assistance programmes had been organized by ISBs, e.g. ISO/DEVCO had regional officers to identify the needs of developing countries and assist with technical assistance projects. FAO/CODEX held special courses and seminars, and some of which were supported by external fundings. In addition, different training manuals had been prepared for developing countries.

7. To ensure the effectiveness of technical assistance, there was a clear message that developing countries had to help in defining the projects needed, and that consultants hired to work with developing counties should take into account the local context. The importance of regional systems, including south-south cooperation, “twinning” and mentor-ship arrangements, as well as coordination and cooperation among ISBs and the WTO, was again stressed by participants.

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Session three

Conformity assessment procedures
Moderator: Otto Th. Genee (Netherlands)

1. On the first day of the Session, the experience of several developing countries with respect to national and regional systems of conformity assessment was laid out. Problems experienced by developing countries were identified in a number of areas due to the following: limited physical and technical resources for national conformity assessment, including accreditation; insufficient number of accredited laboratories at the national level and high cost of obtaining foreign accreditation; insufficient participation in international conformity assessment systems; difficulties encountered in concluding mutual recognition agreements/arrangements (MRAs) – such as having to align their conformity assessment procedures with the sophisticated ones of the developed world; and the lack of a uniform interpretation of ISO/IEC guides on conformity assessment procedures (CAPs).

2. It was noted that as a result of these problems, developing countries found themselves faced with complex conformity assessment requirements in export markets that were difficult to meet. Multiple testing and certification requirements were both costly and time-consuming. The divergence of CAPs and their application across different countries added to the cost of conformity assessment — a cost that can be an obstacle to trade.

3. The presentations and discussions highlighted the important work that was being conducted at the regional level in many different parts of the world in the area of conformity assessment. For example, through the Southern African Development Community (SADC) and Asia Pacific Economic Cooperation (APEC) forum, regional efforts were underway to address the various common concerns relating to conformity assessment — such as the pooling of resources to facilitate participation in international conformity assessment systems, to facilitate accreditation at the regional level, and at the end, to enhance accreditation at the international level.

4. A number of presentations were made on the technical and financial assistance already being provided by national and international conformity assessment systems to developing countries. It was noted that such assistance primarily consisted of the training of conformity assessment practitioners - accreditation professionals, technical assessors, laboratory personnel, etc.; and of limited funding of developing country participation in regional and international meetings of conformity assessment systems. A joint proposal by a number of developed countries was tabled to provide a training package, which would encompass the set-up of accreditation and certification bodies, the design of quality strategies and several other aspects, targeted a broad range of policy-makers, conformity assessment practitioners, and industry.

5. It was suggested that in order to build a structure for domestic conformity assessment, which could ultimately facilitate the recognition of conformity assessment results, it was crucial to raise awareness and develop a national strategy for quality management. Such a strategy should not be limited to a ministry or government body, but should involve all stakeholders (including the private sector).

6. Concerning MRAs, it was pointed out that government-to-government MRAs, as well as accreditor-to-accreditor MRAs should always be linked to the market-place, and must always serve the objective of enhancing client confidence and facilitating trade. It was indicated that MRAs should not be interpreted to mean "exact equivalence" of accredited bodies across all sectors. MRAs could be limited in scope to selected areas of trade interest.

7. The workshop demonstrated that while there are problems in the area of conformity assessment, many solutions had been identified. It was noted that developing countries had much to gain from sharing their domestic experiences and working together regionally to address common concerns. Suggestions were made for the use of relevant international conformity assessment standards/guides and agreeing on their interpretation, as well as harmonizing national CAPs so as to provide a better basis for the conclusion of MRAs. It was recognized that it took a long period of time for a country to develop a national conformity assessment system. Different infra-structure might be needed at different stages of development and for different sectoral needs. However, it was suggested that priorities be identified by developing countries concerning certain basic elements of a domestic conformity assessment infra-structure when start building its physical and technical resources in this area.

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Session four

Capacity building
Moderator: Mohan Kumar (India)

1. This Session cut across the previous three sessions on capacity building related to the implementation of the Agreement, international standards and conformity assessment matters. Several capacity building areas were identified, including those concerning the training of human resources, information and knowledge dissemination, technology and infra-structure development, institutional establishment and up-grading, raising of awareness, effective participation, as well as financial resources.

2. With respect to the training of human resource needed (e.g., experts working at national enquiry points, standardization and conformity assessment bodies), different training methodologies were highlighted, i.e. the training of trainers, hands-on training courses, "twinning of countries" to obtain first hand help and experience, as well as the use of training package kits and manuals. The importance of education at the national level was also mentioned.

3. The dissemination of information and knowledge was considered to be a key element of capacity building. The main problem was the limited infra-structure hindering communication. There was a need to up-grade the equipments of national enquiry points and relevant agencies to disseminate information, in order to fulfil the obligations of and benefit from the TBT notification provisions. A number of developing countries expressed their needs for computers to create web-sites and have access to the internet. The acquisition of IT products and optimization of data bases and networks could not only help dissemination of information at the national level, but also facilitate the participation in international standardization work by means of electronic transmission of documents, electronic voting and video conferencing. The importance of coordination and cooperation between relevant government bodies and industry, as well as between national, regional and international bodies to promote the dissemination of information and knowledge was also highlighted.

4. Concerning institutional establishment, a number of speakers identified the need to establish or up-grade national standardizing bodies, laboratories, accreditation and metrology bodies, as well as services to support industry to improve the quality of exports and facilitate trade. It was suggested that meeting the requirements of the relevant international standards and guides was a useful way to upgrade the technical competence and performance of conformity assessment bodies so that credibility and confidence in their assessment results could be obtained. It was considered useful to develop a national council/committee with the cooperation of relevant public departments and private bodies (e.g. industry, standardization, metrology and conformity assessment bodies) to assist in the implementation of the Agreement and, at the same time, service domestic industry. Information could be provided to industry on the use of international standards and standards-related requirements in the market-place, to help providing solutions to trade problems and improve competitiveness.

5. It was noted that, in the first place, it was important to raise the awareness among government departments and industry of the importance of standard, metrology and quality in global trade, as well as of the rights and obligations under the TBT Agreement. In this regard, national seminars might be useful. Raising awareness could also contribute to solving the problems of implementation and participation in international standardization and conformity assessment meetings, since it could influence decisions to allocate national financial and human resources to these areas.

6. Several donor countries and organizations provided information on their technical assistance programmes. It was noted that technical assistance should be an on-going process which required updating by taking into account the feed-back from recipients. Assistance activities should be sensitive to the needs, and in this respect, good communication and understanding between the donors and recipients were important. In addition, the following elements of technical assistance activities were highlighted: (i) coordination at the national level among different authorities; (ii) identification of needs (since each developing country might have different needs, thus they should be clearly defined and well understood); (iii) balanced and realistic programmes; (iv) follow-up and maintenance of the infra-structure established; and (v) transparency of information on technical assistance activities to avoid duplication.

7. The coordination of donor countries/organizations was also noted, and a number of the capacity building programmes mentioned involved joint efforts to combine the expertise of different organizations (e.g., the OIML on meteorological infra-structure and measurement accuracy; ISO on international standards; UNIDO on integration projects and capacity building for industry; ITC on TBT enquiry points and national data bases; ILAC and IAF on accreditation; and the World Bank on development). A number of donor organizations also informed participants of their technical activities by means of preparing training material, kits, manuals and guides, organizing seminars and workshops, providing IT products and other machineries, translation of international standards, as well as special regional projects. ISO provided a data base for the information of developing countries, on standards related technical assistance activities, which could also be used by donor countries and organizations to avoid duplication of efforts.

8. Finally, financial resources were a matter of concern. It was noted that financial resources could help to accelerate the capacity building process. It was suggested that the involvement of the private sector could help solving the problems of financial constraints. Regional cooperation could contribute to the efficient and effective use of resources. The regional approach and the use of information technology, a less expensive way than individuals' actual participating in meetings, could also provide solutions to the financial constraints faced by developing countries regarding their participation in international standardization.

9. The Integrated Framework for Trade-Related Technical Assistance to LDCs (IF) involving six core agencies (IMF, ITC, UNCTAD, UNDP, the World Bank and the WTO) was also mentioned. In a recent review, a need for strengthening the IF and improving its functioning was identified. Three principal new arrangements were foreseen: Firstly, trade and trade-related activities would need to be effectively mainstreamed into national development and poverty reduction strategies. Secondly, a steering committee would be established to oversee the functioning of the IF on a continuing basis. The earlier arrangement where the heads of the six core agencies had played an oversight role would be broadened out so as to include LDCs and donors. Thirdly, donor support for and voluntary contributions to an Integrated Framework Trust Fund (IFTF) was being sought. The trust fund, involving some $20 million over three years, would be primarily dedicated to helping LDCs to develop the necessary analytical and policy framework for mainstreaming trade into national development strategies, and for developing programs and projects.

10. A number of speakers mentioned the usefulness of considering a possible central coordination and funding mechanism for technical assistance. Further discussions in the TBT Committee would be needed.

For more information:

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The Chairman's summary report
Programme of the workshop