PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on...

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Page 1: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.
Page 2: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

PUBLISH

NOTIFY / TAKE COMMENTS

ANSWER ENQUIRIES

Page 3: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

• Notification Obligations

1. Statement on Implementation

2. Notification of Technical Regulations or Conformity Assessment Procedures by Central and Local Governments (publication requirement)

3. Notification of Bilateral or Multilateral Arrangements

4. Notification of Acceptance or Withdrawal from Code of Good Practice, & of Existence of Work Programmes (publication requirement)

• Designation of a Government Authority for Implementation of Notification Obligations

• Enquiry Points

Page 4: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

(Article 15.2)

"Each Member shall promptly ……. inform the Committee of measures in existence or taken to ensure the implementation and administration of this Agreement. Any changes of such measures thereafter shall also be notified to the Committee."

63 countries have notified

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The TBT Committee Decided on Inclusion of:

• Laws, regulations, administrative orders that apply the Agreement

• Publications in which technical regulations, standards and conformity assessment procedures are published

• Time for comments

• Enquiry point(s)

• Other agencies with functions under the Agreement

• Measures to ensure that national and sub-national authorities provide early information on proposals

(G/TBT/1/Rev.7)

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Notification of Proposed or Adopted TRs or CAPs by Central and Local Governments (1)

(Articles 2.9, 2.10, 3.2, 5.6, 5.7, 7.2)

Conditions1. Whenever a relevant international standard does not exist, or

the technical content of a proposed measure is not in accordance with the technical content of relevant international standards, guides or recommendations

2. If the measure may have a significant effect on trade of other

Members

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Notification of Proposed or Adopted TRs or CAPs by Central and Local Governments (2)

Related Obligations

• Publish a notice in a publication at an early stage

• Notify the WTO Secretariat of the measure, the products covered, its objective & rationale, at a stage when amendments can be introduced

• Upon request, provide copies of regulations or procedures

• Without discrimination, allow time for Members to comment in writing (normal limit – 60 days)/ discuss comments/ & take them into account

• Publish or make available adopted measures

Page 8: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

Notification of Proposed or Adopted TRs or CAPs by Central and Local Governments (3)

Urgent Problems When safety, health, environmental protection or national security

problems arise or threaten to arise, upon adoption of new requirements

Members shall:

1. Notify the measure immediately to the WTO Secretariat, the products covered, the objective and rationale, and nature of urgent problem

2. Upon request, provide copies of the measure

3. Without discrimination, allow reasonable time for Members to comment in writing/ discuss comments/ & take them into account

4. Publish or make available adopted measure

See TBT Committee Decision on Notification Procedures

(G/TBT/1/Rev.7)

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(Article 10.7)

“Whenever a Member has reached an agreement with any other country or countries on issues related to technical regulations, standards or conformity assessment procedures which may have a significant effect on trade, at least one Member party to the agreement shall notify other Members through the Secretariat of the products to be covered by the agreement and include a brief description of the agreement".

Page 10: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

Notifications Under Paragraph C of the Code of Good Practice on Standards (1)

(Annex 3)

Notifications are made to the ISO/IEC Information Center, copies are sent by ISO/IEC to the WTO Secretariat, and notifications under parag. C are circulated to WTO Members

Paragraph C (see G/TBT/W/4)

(1) Acceptance of the Code -form A-

- Name and address of standardizing body,

- Type of body (central, local or non-governmental), and

- Scope of standardizing activity

(2) Withdrawal from the Code -form B-

Page 11: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

Notifications Under Paragraph J of the Code of Good Practice on Standards (2)

(Annex 3)

Paragraph J(1) Publication of work programme at least once every 6 months &

a notice of its existence in national/regional publication on standardizing activity (hard copies / internet too if

possible, G/TBT/1/Rev.7)

(2) Notification of its existence to ISO/IEC Information Center no later than its time of publication - form C-

- Name & issue of publication in which programme is published,

- Period to which it applies,

- Its price, & Where and how it can be obtained

- Annual ISO/IEC “WTO TBT Standards Code Directory”

(3) Publication of a notice announcing comment period (60 days -para L)

Page 12: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

Acceptance of Code of Good Practice

standardizing bodies from 85 members have accepted the Code

- 55 Central Government Bodies

- 60 Non-Governmental Bodies

- 3 Non-Governmental Regional Bodies

- 2 Parastatal Bodies

- 2 Statutory Bodies

- 1 Central Governmental/ Non-Governmental Body

- 1 Autonomous Body

124

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(Articles 10.10, 10.11)

WTO Members must designate a single central government authority to be responsible for the implementation of notification obligations at

the national level

If this responsibility is divided amongst two or more central government authorities, information must be provided to WTO Members on the scope of responsibility of each these authorities

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(Article 10.1, 10.2, 10.3)

(one or more to be established)

Must respond to enquiries & provide relevant documents:

(1) Technical regulations, standards and conformity assessment procedures whether adopted or proposed

(2) Membership and participation in international and regional standardizing bodies and conformity assessment systems, as well as in bilateral and multilateral arrangements

(3) Location of notices published pursuant to the Agreement

Total of 107 enquiry points have been established (G/TBT/ENQ/18)

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(G/TBT/1/Rev.7)

– Biennial meeting on information exchange in WTO

– Booklets on enquiry points

• documents available (regulations, notifications, publications used, etc.)

• facilities offered (charges, languages used, translation, etc.)

– Types of enquiries they should be prepared to answer

– Handling of requests for information

Page 16: PUBLISH NOTIFY / TAKE COMMENTS ANSWER ENQUIRIES Notification Obligations 1.Statement on Implementation 2.Notification of Technical Regulations or Conformity.

– In sending notifications by email to WTO Secretariat

– In obtaining and translating documents– In presenting comments– In communicating the work programmes of

standardizing bodies (although hard copies must always be available)

G/TBT/1/Rev.7

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Notification/Document Symbol

Notifications under Article 15.2 G/TBT/2/Add.#

Notifications under Articles 2.9,2.10, 3.2, 5.6, 5.7, 7.2

G/TBT/N/country initials/#eg. G/TBT/N/AUS/1

Monthly list of notifications G/TBT/GEN/N/

Notifications under Article 10.7 G/TBT/10.7/N/#

Notifications under paragraph C(Annex 3)

G/TBT/CS/N/#

List of Enquiry Points G/TBT/ENQ/#

http://docsonline.wto.org/gen_search.asp

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[All notifications may be transmitted electronically to the WTO Central

Registry of Notifications

[email protected]]