WTO: 2016 NEWS ITEMS

TECHNICAL BARRIERS TO TRADE


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Specific trade concerns: What was discussed?

WTO members discussed a total of 57 specific trade concerns (STCs). These included nine measures concerning ICT and electronic products. These measures deal with the management and disposal of electronic waste (e-waste), regulations to ensure security in the area of ICT, the use of 4G/LTE technologies in smartphones, and other regulations, such as conformity assessment procedures for electronics and IT goods.

The Technical Barriers to Trade (TBT) Committee gives WTO members a regular opportunity to discuss “specific trade concerns” regarding each other’s product regulations and standards and the impact these have on companies and consumers.

According to the WTO’s Technical Barriers to Trade (TBT) Agreement, WTO members can regulate their products to protect consumer safety, health and the environment, but they need to do it in a way that does not unnecessarily restrict trade in these products and without discriminating against other WTO members. Discussions of trade concerns in the Committee can help to avoid trade frictions escalating into disputes brought to the WTO’s Dispute Settlement Body.

 

New concerns

Members brought up ten new trade concerns regarding e-waste, the consumption of alcohol, food labelling, toy safety, medical devices and pharmaceutical products.

India – E-waste (management) rules, 2016: Korea, Japan and the United States raised concerns about new Indian requirements for the management of e-waste which apply to manufacturers, producers, dealers, refurbishers, bulk consumers, dismantlers and recyclers. They questioned the feasibility of achieving the 30% e-waste recycling target set out in the new rules, and stated that India had neither notified the measure to the WTO, nor provided a transition period for industry to adapt to the rule prior to enforcement. India stressed that the rules aim to curtail environmental problems regarding e-waste and asked whether the TBT committee was the appropriate forum for discussion.

Ireland — Public Health (Alcohol) Bill 2015: Ireland introduced a new bill aimed at reducing the consumption of alcohol in the country. According to Mexico and Guatemala, these regulations were more restrictive than necessary. Mexico was specifically concerned about the minimum pricing requirements, point of sale display restrictions and labelling requirements covered by the new bill. Mexico, supported by Guatemala, said it recognises Ireland's public health objective, but questioned the consistency of these measures with the TBT Agreement.  The European Union said that Ireland will be providing replies to comments in due course. 

Korea — Warning messages on alcoholic beverages: Mexico, the United States, New Zealand, Australia and Canada asked about the scientific basis for Korea's new warning messages on alcoholic beverages, which appeared to make a link between alcohol consumption and certain types of cancer. They were also concerned that Korea had finalized and enforced the regulation before the end of the public consultation process, and had not provided an adequate transition period for the industries that would allow them to adjust to the new regulations. Korea stressed that the new warning messages aim to tackle the health hazards associated with excessive alcohol consumption and that a 12 month grace period was provided to the alcohol industry.

Mexico - Alcoholic beverages: Mexico is considering a draft regulation regarding alcoholic beverages that the European Union said was not aligned with the International Code of Oenological Practices of the International Organisation of Vine and Wine (OIV), and other international practices. It stressed the need to provide a transition period of at least six months for the alcohol industry to adjust. The EU was concerned about the requirements for definitions of certain drinks and for ethyl alcohol, and about the maximum alcoholic strength for spirits. Mexico replied that a working group was assessing comments received during consultations, with a view to finalizing requirements in the first trimester of 2017, and that a reasonable period of time would be granted for implementation.

Uganda (and Kenya) — Alcoholic beverage specifications: The European Union and the United States were concerned about the consistency of East African Community (EAC) alcoholic beverage standards with Codex standards and international best practices. The EU questioned the new requirement to indicate the date of manufacture on alcoholic drinks, and the need to indicate whether whisky or other spirits were "blended". The EU also said the obligation to include the name and address of the manufacturer was not in line with Codex standards. 

Previously discussed concerns about Kenya's notification of EAC alcoholic beverage standards were reiterated. Uganda and Kenya assured members that the EAC standards in question were slated for review at technical meetings in November and December 2016, and that WTO members' comments would be considered in that process.

Bolivia – GMO food labelling: Members discussed Bolivia's labelling for food products that contain genetically modified organisms (GMOs). Mexico, supported by Guatemala, believes that there should be no difference between conventional products and those that contain GMOs in terms of labelling. Their industries maintain that these new labelling regulations are costly and require a restructuring of supply and processing systems, which will increase prices for consumers. Bolivia stated that it has the right to provide information that is complete, timely and appropriate to their consumers. They also believe that there is no need for scientific evidence on the link between GMOs and health risks for the labelling scheme to be implemented.

EU – Country of origin labelling: The US was concerned that some EU member states (France, Finland, Greece, Italy, Lithuania, Portugal and Romania) were developing country of origin labelling schemes for milk, meat and certain processed food containing these ingredients, which could create non-tariff barriers to trade. The fact that these schemes had not been notified to the WTO was also a concern because industry could not get adequate information about requirements. The EU remained open to bilateral discussions and noted that some of its member states recently notified draft measures under the EU internal notification procedure, and that these were under assessment by the European Commission.

 

Thematic sessions

From 7-9 November, WTO members held "thematic sessions" on transparency and regulatory cooperation, with a special focus on food labelling, as well as on technical assistance. These sessions, which are part of the committee's 2016-2018 work plan, are a forum for members to exchange information and expertise in topics covered by the TBT Agreement.

The session on transparency featured the launch of the ePing system, an online alert system designed to help government agencies and small and medium-sized enterprises (SMEs) to receive advance information about the latest regulatory requirements for international trade before they come into force. The system is a joint initiative between the WTO, ITC and UNDESA. Members also discussed other online tools that can enhance transparency in the development and application of regulations and standards.

The thematic session on regulatory cooperation focused on food labelling. It explored opportunities for better aligning members' national and regional approaches to food and nutritional labelling, in the context of global health objectives and international standards for food labelling. Nine members (Brazil, Canada, Chile, Costa Rica, European Union, Mexico, Philippines, Chinese Taipei, United States) shared experiences, and the committee also heard from the Codex Alimentarius Commission, the World Health Organization and private sector representatives.

At the technical assistance session, members presented their approaches to capacity building and technical cooperation in the TBT area, including initiatives such as the Standards Alliance, the ACP TBT programme, the APEC Food Safety Cooperation Forum Partnership Training Institute Network. Members also heard from the WTO Secretariat on relevant work under the Aid for Trade initiative and the Enhanced Integrated Framework.

 

Technical assistance in practice – TBT workshop on transparency

In parallel to the TBT Committee meeting, the WTO Trade and Environment Division organized a technical assistance workshop on TBT transparency principles and related online tools such as ePing, the TBT IMS and TBT notification submission systems (TBT NSS). A total of 29 participants working in TBT Enquiry Points (the offices established by WTO members to answer questions on regulations and standards) attended the three-day workshop to enhance their knowledge and skills in the TBT transparency area through interactive training. The workshop provided an opportunity to sharpen knowledge about TBT transparency, and to discuss challenges and good practices with peers and experts.

 

Participants:

Mrs Dalila TOUATI (Algeria)
Mrs Entesar Mahdi Ali ABDULAAL (Bahrain)
Ms Renate Lynn SEALY (Barbados)
Mr. Reinaldo WACHA (Brazil)
Mr. Sopharath MON (Cambodia)
Mr. Alex Rodrigo CHAPARRO CAVADA (Chile)
Ms Xuetao CAI (China)
Mrs Etsegenet Tassew WELDEMESKEL (Ethiopia)
Mrs Tyas KURNIASIH (Indonesia)
Mr. Yerzhan SHAKARGALIYEV (Kazakhstan)
Mr. Jared Odhiambo ODONGO (Kenya)
Ms Meerim SHAKULOVA (Kyrgyz Republic)
Mr. Xaymongkhoung LATSAVONG (Lao People's Democratic Republic)
Mrs Amohelang Mary HATASE (Lesotho)
Mrs Siti Hadijah Bte HASSAN (Malaysia)
Ms Sofia PACHECO NINO DE RIVERA (Mexico)
Mrs Battsengel GURRAGCHAA (Mongolia)
Ms Ana MARTINOVIC (Montenegro)
Miss Priska Ndahafa NAIMHWAKA (Namibia)
Mr. Muhammad Sohail PATEL (Pakistan)
Mrs Demetria Beatriz VEGA MELGAREJO (Paraguay)
Dr. Marcus Llewellyn NATTA (Saint Kitts and Nevis)
Mr. Isaia LAUTASI (Samoa)
Ms Charelle Nicole Stephanie PARKER (Suriname)
Mrs Thanaporn KLUABMANEE (Thailand)
Ms Janelle Lydia TEEMAL (Trinidad and Tobago)
Miss Peyman Gulfam BILGIN (Turkey)
Mrs Mariia ZAMETALINA (Ukraine)
Mr. Takaedzwa KWENDA (Zimbabwe)

 

Updates from observers

The most recent organization to be granted ad-hoc observer status by the TBT committee, the Caribbean Community and Common Market (CARICOM) Regional Organization for Standards and Quality (CROSQ), shared information on its work in regional quality infrastructure.

International Organization for Standardization, International Electrotechnical Commission, Organisation for Economic Co-operation and Development, International Organization of Legal Metrology and United Nations Economic Commission for Europe also updated the Committee on recent activities.

Full list of Specific Trade Concerns

 

Next meeting

7-9 March 2016: TBT Committee regular and informal meetings

 

Chairperson

Ms Esther Peh (Singapore)

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