Statistics

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Statistics
THE TBT NOTIFICATION PROCEDURE Information
meeting with the Commissions services
6 February 2008
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The WTO/TBT Agreement
(definitions, principles, etc)
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The TBT Agreement

• Agreement on Technical Barriers to Trade (TBT
  Agreement)
• one of the 13 Multilateral Agreements on Trade in
  Goods listed in Annex 1A to the WTO Agreement of
  1994
• all WTO Members (currently 151) are parties to
  the TBT Agreement

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The TBT Agreement

• Principles regarding the preparation
  application of product-related requirements
  (i.e. technical regulations, conformity
  assessment procedures)
• Transparency requirements and procedures

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The TBT Agreement

• Transparency requirements and procedures
• central notification authority and enquiry
  point(s) (EC DG ENTR)
• notification of proposed technical regulations
  (TR) conformity assessment procedures (CAP)
• information regarding TR CAP

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The TBT Agreement

• Main principles
• Non-discrimination
• Avoidance of unnecessary obstacles to trade
• Harmonization

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The TBT Agreement

• Non-discrimination
• Members shall ensure that in respect of
  technical regulations, products imported from the
  territory of any Member shall be accorded
  treatment no less favourable than that accorded
  to like products of national origin and to like
  products originating in any other country.
• (Art. 2.1 TBT Agreement)
• conformity assessment procedures are prepared,
  adopted and applied so as to grant access for
  suppliers of like products originating in the
  territories of other Members under conditions no
  less favourable than those accorded to suppliers
  of like products of national origin or
  originating in any other country
• (Art. 5.1.1 TBT Agreement)

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The TBT Agreement

• Avoidance of unnecessary obstacles to trade
• Members shall ensure that technical regulations
  are not prepared, adopted or applied with a view
  to or with the effect of creating unnecessary
  obstacles to international trade. For this
  purpose, technical regulations shall not be more
  trade-restrictive than necessary to fulfil a
  legitimate objective
• (Art. 2.2 TBT Agreement)
• conformity assessment procedures are not
  prepared, adopted or applied with a view to or
  with the effect of creating unnecessary obstacles
  to international trade. This means, inter alia,
  that conformity assessment procedures shall not
  be more strict or be applied more strictly than
  is necessary to give the importing Member
  adequate confidence that products conform with
  the applicable technical regulations or standards
  
• (Art. 5.1.2 TBT Agreement)

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The TBT Agreement

• Harmonization
• Where technical regulations are required and
  relevant international standards exist or their
  completion is imminent, Members shall use them,
  or the relevant parts of them, as a basis for
  their technical regulations except when such
  international standards or relevant parts would
  be an ineffective or inappropriate means for the
  fulfilment of the legitimate objectives pursued
• (Art. 2.4 TBT Agreement)
• In cases where a positive assurance is required
  that products conform with technical regulations
  or standards, and relevant guides or
  recommendations issued by international
  standardizing bodies exist or their completion is
  imminent, Members shall use them, or the
  relevant parts of them, as a basis for their
  conformity assessment procedures, except where,
  such guides or recommendations or relevant
  parts are inappropriate for the Members concerned
  
• (Art. 5.4 TBT Agreement)

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Notification of draft Community
measures
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Notification procedure
Whenever a relevant international standard /
guide or recommendation does not exist or the
technical content of a proposed technical
regulation / conformity assessment procedure is
not in accordance with the technical content of
relevant international standards / guides or
recommendations, and if the technical regulation
/ conformity assessment procedure may have a
significant effect on trade of other Members,
Members shall notify other Members through
the Secretariat of the products to be covered by
the proposed technical regulation / conformity
assessment procedure, together with a brief
indication of its objective and rationale.
(Art. 2.9.2 / Art. 5.6.2 TBT Agreement)
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What needs to be notified ?

• Technical regulations
• and
• Conformity assessment procedures
• if
• a relevant intl standard /guide does not exist
• or
• draft measure not in accordance with intl
  standard / guide
• significant effect on trade

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What needs to be notified ?

• Technical regulation
• Document which lays down product characteristics
  or their related processes and production
  methods, including the applicable administrative
  provisions, with which compliance is mandatory.
  It may also include or deal exclusively with
  terminology, symbols, packaging, marking or
  labelling requirements as they apply to a
  product, process or production method. (TBT
  Agreement, Annex 1, para 1)

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What needs to be notified ?

• Technical regulation
• document which lays downproduct
  characteristicsor their related processes and
  production methodswith which compliance is
  mandatory

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What needs to be notified ?

• Conformity assessment procedure
• Any procedure used, directly or indirectly, to
  determine that relevant requirements in technical
  regulations or standards are fulfilled.(TBT
  Agreement, Annex 1, para 3)

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What needs to be notified ?

• Examples TR
• ban/restriction on the use of certain substances
• labelling or packaging requirements (e.g.
  foodstuffs, cosmetics)
• safety requirements for specific goods (cars,
  toys, commodities etc.)
• Examples CAP
• certification (e.g. type approval prior to the
  placing on the market)
• requirement for specific testing methods
• REACH

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What needs to be notified ?

• not to be notified (voluntary) standards
• Document approved by a recognized body, that
  provides, for common and repeated use, rules,
  guidelines or characteristics for products or
  related processes and production methods, with
  which compliance is not mandatory. (TBT
  Agreement, Annex 1, para 2)
• NB if regulatory act renders the specifications
  of a standard mandatory ? technical
  regulation

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What needs to be notified ?

• significant impact on trade
• import-enhancing or import-reducing effects
• value / importance of import in respect of
  importing or exporting country
• potential growth of imports
• difficulties for producers in other countries to
  comply with requirements

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What needs to be notified ?

• Community measures
• regulations / directives / decisions of the
  Council and European Parliament
• implementing measures of the Commission
  (regulations, directives, decisions), e.g. ATPs,
  emergency measures under the GPSD etc.

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What needs to be notified ?
Community measures
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What needs to be notified ?

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At what moment ?

• notifications shall take place at an early
  appropriate stage, when amendments can still be
  introduced and comments taken into account
• (Art. 2.9.2 / Art. 5.6.2 TBT Agreement)
• texts still at a draft stage
• period for comments min. 60 days, if possible
  90 days
• (Recommendation of the WTO/TBT Committee)

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At what moment ?

1. Proposals for a regulation / directive /
decision of the Council and European
Parliament ? after adoption by the Commission,
e.g. COM(2008)49 final 2. Implementing measures
of the Commission ? after agreement of services
on a draft text (and communication to the Member
States)
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At what moment ?

• Consequence for planning of operational units
• CIS (interservice-consultation) regarding
  notification
• separate (additional 2-3 weeks) or
• combined with CIS on draft measure (no
  additional time)

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Combined CIS on draft measure and TBT notification

• Simplifying and speeding up the procedure
• CIS for the text of the draft measure should
  mention in the cover note the subsequent TBT
  notification, e.g.
• I would also like to inform you that the draft
  measure is subject to the WTO-TBT Agreement and
  thus subject to a notification to the WTO."
• Cc DG ENTR/C3
• (if not separate CIS for TBT notification)

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Combined CIS on draft measure and TBT notification
Operational unit
DG ENTR/C3
Final stage of preparation of a draft legal act
containing technical regulations or conformity
assessment procedures
Examination if draft measure is subject to
notification under TBT Agreement
CIS for 1) draft measure 2) TBT notification (DG
ENTR and DG Trade always to be consulted)
Copy of CIS note to be sent to ENTR/C-3
After termination of CIS
If no comments
Information of ENTR/C-3
Examination of comments regarding TBT
notification
if comments on TBT notification
If comments on draft measure and amendment of
its text
Communication of revised text to ENTR/C-3
Completion of notification form Operational unit
and ENTR/C3
Notification to WTO
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How to notify ?

• Notification format
• Information about
• responsible authority
• products covered
• description of content and rationale of proposed
  measure
• proposed date of adoption / entry into force
• final date for comments

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How to notify ?
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Risks of failure to notify
No sanctions under TBT Agreement (but general WTO
DSU) trading partners may raise concerns
(bilaterally or within TBT Committee) trade
dispute exporters not aware of new requirements

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Reaction to notifications of third
countries
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Reaction to notifications of third countries

• Importance of analysis
• - prevent barriers to trade
• - facilitate EC exports
• Role of DG ENTR, unit C3
• - EC Notification and Enquiry point of EC
• - receives third country notifications via data
  base
• - informs Commission services concerned
• - stakeholders are alerted through the TBT data
  base
• - prepares in cooperation with services
  concerned comments on 3rd country notifications
  

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Reaction to notifications of third countries

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Reaction to notifications of third countries
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Reaction to notifications of third countries
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Reaction to notifications of third countries

• Assessment of notifications from 3rd countries
• compatibility with TBT Agreement
• - National treatment (non-discrimination), Art.
  2.1
• - Avoidance of unnecessary obstacles to
  international trade (reasonableness,
  proportionality with regard to legitimate
  objective pursued), Art. 2.2 and 2.3
• - Respect of international standards, Art. 2.4
• - Equivalence, Art. 2.7
• impact on European exports
• input from Commission/Member States/stakeholders
  (expert services, delegations, ministries of
  trade/industry, European trade
  federations/associations etc.)

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Reaction to notifications of third countries

• Written comments on behalf of the EC
• Drafting comments (DG ENTR/C.3 and services
  concerned)
• ISC (LS, SG, DG Trade and other services
  concerned)
• Sending comments to the notifying Enquiry Point
• Dialogue
• Further discussion at TBT Committee meetings

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Reaction to notifications of third countries
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Reaction to notifications of third countries

• Some success stories
• G/TBT/N/TPKM/3334 labelling requirements for
  textiles
• G/TBT/N/QAT/11 marking of tyres
• G/TBT/N/CHE/3967 particle emissions from
  diesel engines
• G/TBT/N/PHL/60,6377 standard for ceramic
  tiles
• G/TBT/N/COL/58 requirements for tyres
• G/TBT/N/IND/28 quality control of pressed
  ceramic tiles

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TBT contact points in other DGs
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The EC-TBT electronic tools
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The EC-TBT electronic tools WHY ?
Number of notifications / EC comments
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The EC-TBT electronic tools a brief history
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The EC-TBT electronic tools overview
INTERNET/EUROPA
COMMISSION NETWORK
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The EC-TBT electronic tools website statistics
Number of searches (average 620/month)
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The EC-TBT electronic tools mailing list
statistics
263 subscribers (05/02/2008)
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The EC-TBT management application
http//tbtgestion.app.entr.cec.eu.int

• accessible to the services of the Commission
  upon request by e-mail ec-tbt_at_ec.europa.eu
• access to the state of play/history of the file
  and to useful documents which are not visible on
  the Internet site.
• LIVE DEMO

LIVE DEMO
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The EC-TBT website
http//ec.europa.eu/enterprise/tbt/

• public access
• shares the same database as the management
  application(access to certain documents is
  however restricted)
• alert system for economic operators and other
  interested parties
• monthly review of the activity of the EC-TBT
  notification and enquiry point
• privileged access for Member States and for
  services (useful for missions)

LIVE DEMO
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Contact

• EC-TBT management application
  http//tbtgestion.app.entr.cec.eu.int
• request a login/password at ec-tbt_at_ec.europa.eu
• EC-TBT website http//ec.europa.eu/enterprise/t
  bt/

DG Trade website http//ec.europa.eu/trade/issu
es/sectoral/tbt/index_en.htm WTO
website http//www.wto.org/english/tratop_e/tbt_e/
tbt_e.htm
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Link with the notification
procedure established by Directive 98/34/EC
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The TBT Agreement and Directive 98/34/EC - Links

• Same philosophy
• Prevention of barriers to trade
• Transparency
• Dialogue
• but different concepts
• Technical regulations
• Conformity assessment proc.
• Significant impact on trade

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The TBT Agreement and Directive 98/34/EC - Links

• Procedure formal link
• Mention in 98/34 notif. message
• Reasons to be stated by MS
• Remind MS of their obligations
• Practical issues
• Particular situation EU/EFTA/Turkey
• Examples of double notifications
• Translations at your disposal

Point 16