WTO: 2016 NEWS ITEMS

TECHNICAL BARRIERS TO TRADE: FORMAL MEETING


NOTE:
THIS NEWS STORY is designed to help the public understand developments in the WTO. While every effort has been made to ensure the contents are accurate, it does not prejudice member governments’ positions.

The official record is in the meeting’s minutes.

> 14 June 2016 Thematic Sessions

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MINUTES:

Energy efficiency

WTO members discussed their regulations for energy efficient products, which are imposed to save energy and thereby reduce greenhouse gas emissions. These standards — covering products such as household appliances, TVs and cars — set out minimum energy performance standards, provide ways of testing for energy efficiency performance, and regulate energy management systems.

Members heard presentations from the private sector, including Schneider Electric, Consumer Technology Association and the Association of Home Appliance Manufacturers, and from international and regional organizations (such as the International Energy Agency, the International Electrotechnical Commission, the International Laboratory Accreditation Cooperation/International Accreditation Forum and the United Nations Economic Commission for Europe). Also, regulators shared their experiences concerning national schemes, including Japan’s “Top-Runner” Programme and the United States’ Energy Star Program.

One key point emphasized by WTO members was the need to harmonize national requirements with international standards whenever possible, as companies may find it difficult to export their products if required to comply with multiple standards to achieve an “energy efficient” label. They underlined that aligning standards and regulations helps lower the cost of energy efficient products, making them more attractive for consumers and saving energy. There is also scope, it was pointed out, to make energy labelling schemes less confusing.

This “thematic session” was the Committee’s first on a particular industrial sector. The aim of these sessions is to increase cooperation among regulators globally and to raise awareness about new or emerging regulatory issues.

Read the Chairperson’s reports on the thematic session on regulatory cooperation here and on standards here.

 

Specific trade concerns

WTO members aired specific trade concerns (STCs) regarding ten new trade measures introduced by members. They also discussed 46 previously raised issues. Regulations on food and drinks topped the meeting’s agenda, accounting for one-third of the STCs. Other STCs concerned regulations on IT equipment, medical devices, cosmetics, toys, motor vehicles, tyres, endocrine disruptors, canola oil, detergents and soaps, steel and wood products, chemicals and genetically modified organisms (GMOs). Some detail on five of the new STCs is provided below. The full list of STCs is here.

According to the WTO’s Technical Barriers to Trade (TBT) Agreement, 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 in the Committee can help to avoid trade frictions escalating into disputes brought to the WTO’s Dispute Settlement Body.

New trade concerns

Ukraine’s exports to Russia

Ukraine claimed that while Russia allows imports of certain products, including dairy, beer, juice, confectionary and wallpaper, from other WTO members, it bans these imports from Ukraine. According to Ukraine, Russia applies the ban in a non-transparent, unjustified and discriminatory manner, and is therefore not in compliance with WTO rules. Russia said the objective of this temporary suspension is to prevent “deceptive” trade practices and to protect consumer health and safety as imports of some Ukrainian producers fail to comply with Russia’s technical regulations. 

Egypt’s factory registration system

Eleven WTO members (Australia, Canada, Chile, China, the European Union, Norway, South Africa, Switzerland, Turkey, Ukraine and the United States) raised concerns about Egypt’s new requirements for compulsory registration of factories. Under this regulation, products can be imported into Egypt only if they are produced by manufacturing plants registered with Egypt’s General Organization for Export and Import (or imported from companies owning registered trademarks).

Members highlighted the absence of a period for comment before the regulation entered into force. They also drew attention to the lack of a sufficient transition period for compliance (normally six months), and the burdensome and unclear registration process. Members asked if the registration requirements also apply to domestic producers (in line with the national treatment principle) and whether Egypt had taken a risk-based approach in identifying the wide scope of products covered by the measure. Egypt said that the registration procedure was designed to safeguard consumer health and safety against imports of substandard and illegal products and that several steps had been taken to ensure registration did not impose excessive burdens on trade procedures.

East African Community alcoholic beverage standards

Chile, the EU, South Africa and the US supported the efforts of Kenya and the East African Community (EAC) to address health problems of certain alcoholic beverages but said that international standards would address this health objective in a less trade-restrictive manner than the EAC standards. They asked  EAC members to notify regulations implementing these standards to the TBT Committee. Kenya reported ongoing work to harmonize standards at the EAC level, including those relating to alcoholic beverages.

Chemicals in furniture and soap

The EU questioned the consistency of China’s testing methods for safety of wood-based furniture with relevant International Organization for Standardization (ISO) standards. China said that while its testing methods are largely based on ISO standards, differences were introduced to take account of use of these products.

Mexico said that Colombia’s requirement that testing of phosphorus and the biodegradability of surfactants in detergents and soaps be carried out only by Colombian laboratories is overly restrictive and costly. Colombia said it would accept a supplier’s declaration of conformity consistent with ISO/IEC 17050 and that mutual recognition could be possible under bilateral agreements or through the ILAC Mutual Recognition Agreement and the IAF Multilateral Recognition Agreement.

International developments in regulations and standards

The Committee granted ad hoc observer status to the Caribbean Community and Common Market (CARICOM) Regional Organization for Standards and Quality (CROSQ). The Committee also heard recent developments from observer organizations working with the TBT Committee.The full list of observer organizations is here.

The African Organisation for Standardisation (ARSO) reported that several international standards addressing tariff barriers will soon be put for adoption before the Organization’s Council. The International Electrotechnical Commission (IEC) reported progress in developing and harmonizing electrotechnical standards across Africa.

The African, Caribbean and Pacific Group of countries presented its work on improving effective participation in the TBT Committee through enhanced coordination. The Bureau international des Poids et des Mesures (BIPM) announced Qatar’s recent membership and reported progress in redefining the numerical value of measurement units. 

The International Organization of Legal Metrology described its cooperation with the International Maritime Organization (IMO) on weighing of shipping containers in the context of the IMO Safety of Life at Sea (SOLAS) Convention, and announced Thailand’s recent membership of the OIML.  The United Nations Economic Commission for Europe reported on governments’ ongoing work on harmonization of technical regulations for vehicles and regulatory cooperation in general. 

 

Next meeting

8-11 November:  TBT Committee regular and informal meetings

 

Specific trade concerns: full list

Note: Only those members that signalled their intention to raise an STC in advance of the TBT Committee meeting are listed in the column “Member(s) raising”. Other members can join an STC by taking the floor during the meeting.

New concerns  Show details

Specific Trade Concern

Notification symbol/brief description of measure

Member(s) raising

Russian Federation — Measure affecting import of Ukrainian products

 

Ukraine

Egypt — Manufacturer Registration System (Decree 43/2016 and Decree 992/2015)

G/TBT/N/EGY/114
G/TBT/N/EGY/115

Turkey
Switzerland
European Union
United States

Colombia — Draft Resolution of the Ministry of Health and Social Welfare and the Ministry of the Environment and Sustainable Development "adopting the Technical Regulation establishing the maximum levels of phosphorus and the biodegradability of surfactants in detergents and soaps, and introducing other provisions"

G/TBT/N/COL/214
G/TBT/N/COL/214/Add.1

Mexico

China — Draft Standardization Law

 

Republic of Korea

China — Chinese Standards of Exhaust Emissions (China 6, BEIJING VI)

 

Republic of Korea

China — National Standard of the People's Republic of China: Limit of Volatile Organic Compounds and Migration of Heavy Metal of Wood Based Furniture, and two more standards for furniture

G/TBT/N/CHN/1094
G/TBT/N/CHN/1095
G/TBT/N/CHN/1096

European Union

Kenya — East African East African Community (EAC) alcoholic beverage standards

 

European Union

Chinese Taipei — Draft of the Organic Agriculture Act 

G/TBT/N/TPKM/225
G/TBT/N/TPKM/225/Add.1 and Add.2

European Union

  European Union — Quality Schemes for Agricultural Products and Foodstuffs. G/TBT/EU/139

United States

Uruguay
  European Union –DIRECTIVE 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC   Indonesia

 

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Concerns previously raised  Show details

(IMS ID numbers are “specific trade concerns” numbers in the TBT Information Management System database. Notifications and other documents can also be found in WTO docs online)

Specific Trade Concern

Notification symbol/brief description of measure

Member(s) raising

IMS item number

India - Pneumatic tyres and tubes for automotive vehicles

G/TBT/N/IND/20
G/TBT/N/IND/20/Add.1
G/TBT/N/IND/40
G/TBT/N/IND/40/Rev.1

Japan
European Union

133

China - Provisions for the Administration of Cosmetics Application Acceptance

G/TBT/N/CHN/821
G/TBT/N/CHN/937

Japan
European Union

296

India – New Telecommunications related Rules (Department of Telecommunications, No. 842-725/2005-VAS/Vol.III (3 December 2009); No. 10-15/2009-AS-III/193 (18 March 2010); and Nos. 10-15/2009-AS.III/Vol.II/(Pt.)/(25-29) (28 July 2010); Department of Telecommunications, No. 10-15/2009-AS.III/Vol.II/(Pt.)/(30) (28 July 2010) and accompanying template, "Security and Business Continuity Agreement

 

European Union
United States
Canada

274

China – Requirements for information security products, including, inter alia, the Office of State Commercial Cryptography Administration (OSCCA) 1999 Regulation on commercial encryption products and its on-going revision and the Multi-Level Protection Scheme (MLPS)

 

European Union

294

Russia – Draft Technical Regulation on Alcoholic Drinks Safety

G/TBT/N/RUS/2

European Union

332

Korea – Regulation on Registration and Evaluation of Chemical Material

G/TBT/N/KOR/305

United States

305

Indonesia - Technical Guidelines for the Implementation of the Adoption and Supervision of Indonesian National Standards for Obligatory Toy Safety

G/TBT/N/IDN/64
G/TBT/N/IDN/64/Add.1 and Add.2

European Union
United States
Canada

328

India – Food Safety and Standards Regulation – Food Labelling Requirements

G/TBT/N/IND/34
G/TBT/N/IND/43
G/TBT/N/IND/46

Switzerland
United States

298

European Union – Draft Implementing Regulations amending Regulation (EC) No. 607/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products

G/TBT/N/EU/246
G/TBT/N/EU/246/Add.1

Argentina
United States

345

Chile - Proposed amendment to the Food Health Regulations, Supreme Decree No. 977/96

G/TBT/N/CHL/219 G/TBT/N/CHL/219/Add.1
G/TBT/N/CHL/221 G/TBT/N/CHL/282

Mexico
United States
Canada

370

India - Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order, 2012

G/TBT/N/IND/44
G/TBT/N/IND/44/Add.1-5
G/TBT/N/IND/47 G/TBT/N/IND/47/Add.1
G/TBT/N/IND/47/Add.1/Corr.1

Republic of Korea
European Union
United States
Canada

367

Peru — Act to Promote Healthy Eating Among Children and Adolescents

 

Canada

383

European Union — Revised Proposal for the Categorization of Compounds as Endocrine Disruptors of 19 February 2013 by DG Environment

 

Argentina
Canada

393

Indonesia – Ministry of Health Regulation 30/2013 on the inclusion of sugar, salt and fat content information, as well as health messages on the label of processed foods

G/TBT/N/IDN/84

European Union
Canada

389

Ecuador – Resolution No. 116 of the Foreign Trade Committee of Ecuador of 19 November 2013 and Technical Regulation of the Ecuadorian Standardization Institute RTE INEN 022 on the labelling of processed and packaged food products

G/TBT/N/ECU/19, G/TBT/N/ECU/19/Add.1– Add.10

Mexico
Canada

411

Russia - Safety of products for children and adolescents 

G/TBT/N/RUS/29

European Union

418

India – Labelling Regulations for Canola Oil

 

Canada

413

Thailand – Draft Notification of the Alcoholic Beverages Control, Re: Rules, Procedure and condition for Labels of Alcoholic Beverages, issued under B.E.

G/TBT/N/THA/437
G/TBT/N/THA/437/Add.1
G/SPS/N/THA/221/Add.1

European Union
United States
Canada

427

Ecuador – Draft Technical Regulation of the Ecuadorian Standardization Institute (PRTE INEN) No. 189: "Labelling of Alcoholic Beverages"

G/TBT/N/ECU/243

European Union
United States
Canada

433

China – Regulations for the Supervision and Administration of Medical Devices (Order No. 650 of the State Council)

G/TBT/N/CHN/1022
G/TBT/N/CHN/1023
G/TBT/N/CHN/1024
G/TBT/N/CHN/1025
G/TBT/N/CHN/1026
G/TBT/N/CHN/1029

Republic of Korea
European Union
Canada

428

Ecuador – Proposed Motor Vehicle Safety Regulatory Requirements (RTE INEN 034)

G/TBT/N/ECU/32
G/TBT/N/ECU/32/Add.1-6

Mexico
United States

409

Kingdom of Saudi Arabia – Decree of the Saudi Arabian Ministerial Council on the sale and marketing of energy drinks of 4 March 2014

GCC notifications:

G/TBT/N/ARE/262, G/TBT/N/QAT/389, G/TBT/N/SAU/669, G/TBT/N/SAU/789, G/TBT/N/ARE/299, G/TBT/N/BHR/426, G/TBT/N/KWT/309, G/TBT/N/OMN/238   G/TBT/N/QAT/423, G/TBT/N/SAU/910, G/TBT/N/YEM/29, G/TBT/N/ARE/301, G/TBT/N/BHR/428, G/TBT/N/KWT/311, G/TBT/N/OMN/240, G/TBT/N/QAT/425, G/TBT/N/SAU/912, G/TBT/N/YEM/31.

United States

442

Brazil – Draft Technical Resolution nº 69, 9 September 2014, Regarding the Requirement of Describing the Chemical Composition, in Portuguese, in the Label of Personal Hygiene Products, Cosmetics and Perfumes

G/TBT/N/BRA/608

Mexico

443

European Union – Common Criteria for Information Technology Security Evaluation (Common Criteria) certification in the EU

 

China

448

China - Administrative Measure on Cosmetics Labelling (AMCL)

G/TBT/N/CHN/1064

Japan
European Union

456

China - Banking IT Equipment Security Regulation

 

Japan
European Union
United States
Canada

457

Indonesia - Regulation of the Minister of Agriculture No. 139/Permentan/PD.4, 10 December 2014, concerning Importation of Carcass, Meat and/or Processed Meat Products into the Territory of the Republic of Indonesia, and Regulation of the Minister of Agriculture No. 02/Permentan/PD.4, 10 January 2015, concerning the Amendment of the Regulation of the Minister for Agriculture No. 139/Permentan/PD.4, 10 December 2014

 

Australia

461

Indonesia - MOI 69/2014 Article 3: LCR Requirements for LTE Devices - Requirement that Domestic Component Level (TKDN) of LTE TDD & FDD broadband services equipment

 

Canada

472

Chinese Taipei - GMO Labelling

G/TBT/N/TPKM/168
G/TBT/N/TPKM/168/Add.1
G/TBT/N/TPKM/168/Rev.1

Canada

467

China - Registration Fees for Drugs and Medical Device Products

 

Republic of Korea
Canada

466

Turkey - Toy Communique 01/2015

 

United States

473

Brazil - Draft Ordinance Act Nº. 374, 27 November 2014 (Portaria SDA/MAPA 374/2014)

G/TBT/N/BRA/613

European Union

470

China - Insurance Regulatory Commission (CIRC) Information and Communication Technology Regulation

 

European Union
United States
Canada

489

Brazil - Toy Certification; Ordinance No. 89, No. 310 and draft administrative rule No. 321

G/TBT/N/BRA/612

European Union
United States
Canada

478

Colombia - Testing Requirements to be met by Toys and their Components and Accessories

G/TBT/N/COL/109
G/TBT/N/COL/109/Add.1

Canada

479

Korea - Standards and Specifications for Wood Products

G/TBT/N/KOR/563

United States

491

China - Interim Measures for Quality Management of Commercial Coal

 

Australia

477

European Union - Restriction on Polycyclic Aromatic Hydrocarbons (PAHs) in Tyres as specified in Annex XVII of REACH

 

China

480

India - The Stainless Steel Products (Quality Control) Order, 2015

G/TBT/N/IND/50

European Union

486

India - Draft Food Safety and Standards (Alcoholic Beverages Standards) Regulations, 2015

G/TBT/N/IND/51

European Union
United States
Canada

494

Indonesia - Halal Product Assurance Law No. 33 of 2014

 

United States

502

China - Formula Registration Regulation for Infant and Follow-up Formula

G/TBT/N/CHN/1165

Republic of Korea
European Union

493

Russia - Rules of cement certification

G/TBT/N/RUS/48
G/TBT/N/RUS/49

European Union

497

Thailand - Milk Code - Draft Act on Controlling to the Marketing Promotion on Food for Infant and Young Children and Other Related Products BE

G/TBT/N/THA/471

United States

503

United Arab Emirates - Control scheme to restrict the use of hazardous materials in electronic and electrical devices

G/TBT/N/ARE/265

European Union

496

European Communities – Regulation  on the Registration, Evaluation and Authorization of Chemicals (REACH)

 

Canada

88

  European Union — Quality Schemes for Agricultural Products and Foodstuffs. G/TBT/EU/139

United States

Uruguay
 
  European Union –DIRECTIVE 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC   Indonesia  

 

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