WORLD TRADE
ORGANIZATIONG/TBT/13
11 November 2003
(03-5999)
Committee on Technical Barriers to Trade
THIRD TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION OF
THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE
I. INTRODUCTION
1. The Agreement on Technical Barriers to Trade (TBT Agreement) provides that:  "Not later
than the end of the third year from the date of entry into force of the WTO Agreement and at the endof each three-year period thereafter, the Committee shall review the operation and implementation of
this Agreement, including the provisions relating to transparency, with a view to recommending an
adjustment of the rights and obligations of the Agreement where necessary to ensure mutual economic
advantage and balance of rights and obligations, without prejudice to the provisions of Article 12.
Having regard, inter alia,  to the experience gained in the implementation of the Agreement, the
Committee shall, where appropriate, submit proposals for amendments to the text of this Agreement
to the Council for Trade in  Goods" (Article 15.4).
2. 
The Committee concluded the First and Second Triennial Reviews of the Operation and
Implementation of the TBT Agreement on 13 November 1997 (G/TBT/5) and 10 November 2000
(G/TBT/9) respectively.
3. Pursuant to the Second Triennial Review, a number of actions were taken to raise awareness
of the transparency provisions of the Agreement and improve its implementation:  a Special Meeting
on Procedures for Information Exchange was held on 28 June 20011 and a booklet on the transparency
obligations of the Agreement was prepared by the Secretariat in April 2002.2  Furthermore, as part of
the technical assistance work programme agreed to in the Second Triennial Review, a
Special Workshop on the TBT-Related Technical Cooperation Programme was held
on 18 March 2003.  With the objective of improving Members' understanding of the preparation,adoption and application of labelling requirements in the context of the implementation of the
Agreement, as well as of the impact of such requirements on market access, a Learning Event on
Labelling, which focussed on developing country Members' concerns, was held
on 21-22 October 2003.
4. The Committee concluded the Third Triennial Review of the Agreement at its meeting
of 7 November 2003.  This document sets out the outcome of the review based on the discussion of
the following elements:
3  (A) the implementation and administration of the Agreement, (B) good
regulatory practice, (C) transparency procedures, (D ) conformity assessment procedures, (E) technical
assistance and special and differential treatment and (F) other elements.
                                                     
1 The Chairman's Report is contained in Annex 1 of G/TBT/M/24.
2 The booklet can be downloaded from the WTO/TBT website.
3 A list of documents related to the Third Triennial Review is contained in Annex 1.G/TBT/13
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II. ELEMENTS OF THE THIRD TRIENNIAL REVIEW
A. IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT
5. The TBT Agreement provides that:  "Each Memb er shall, promptly after the date on which
the WTO Agreement enters into force for it, inform  the Committee of measures in existence or taken
to ensure the implementation and administration of the Agreement" (Article 15.2).  It also providesthat: "Each Member shall ensure that an enquiry poi nt exists which is able to answer all reasonable
enquiries from other Members and interested parties in other Members" (Article 10.1).
6. Since the Second Triennial Review, 15 Members have submitted their statements of
implementation under Article 15.2
4,  and several have updated their original statements.5
Two Members submitted information on their experience in the implementation and administration ofthe Agreement.
6
7. In total, 92 Members have submitted their statements under Article 15.27, and 121 Members
have submitted information on their national enquiry points8 (see Annex 2).  The Committee reiterates
the importance of Members fulfilling their obligations under Articles 15.2 and 10.1.
Recommendation
- In order to assist Members in meeting their obligations under Articles 15.2 and 10.1, the
Committee invites Members to seek assistance from other Members that have done so to
share their knowledge and experience in this regard.
B. GOOD REGULATORY PRACTICE
8. At the First Triennial Review, the Committee reit erated that good regulatory practice for the
preparation, adoption and application of technical regulations was a priority for Members to facilitate
trade.  Members were invited to submit descriptions of their approach to technical regulations.  At the
Second Triennial Review, the Committee noted that minimizing the use of mandatory technical
regulations and utilizing voluntary international standards, where appropriate, could reduce the
regulatory burden and open up market access opportunities.
9. The Committee notes that good regulatory practice can contribute to the effective
implementation of the TBT Agreement, namely in the avoidance of unnecessary obstacles to trade in
the preparation, adoption and application of technical regulations (including associated standards) and
conformity assessment procedures, including those related to labelling.
10. The Committee recognizes that for a Member to achieve good regulatory practice and to
comply with the Agreement at the domestic level, it may be necessary both to develop domestic
policies or regulatory processes, and to establish administrative mechanisms to ensure that all relevantbodies are aware of and understand their obligations  under the Agreement and know how to comply
with them.  In addition, domestic coordination and cooperation, including with local governments, as
well as with non-governmental parties, is important.
11. The Committee underlines the importance of regulators considering the use of different
approaches to fulfil legitimate objectives and their taking into account the least-trade restrictive
                                                     
4 G/TBT/2/Add. 62-76.
5 G/TBT/2/Suppl.1, G/TBT/2/Add.5/Suppl.2, Add.6/Rev.1, Add.8/Rev.1 and Suppl.1, Add.21/Suppl.3,
Add.26/Rev.2 and Suppl.1, Add.32/Rev.2, Add.51/Suppl.1 and Add.58/Rev.2 .
6 G/TBT/W/166 and 199.
7 G/TBT/2/ and Add.1-76.
8 A list of these enquiry points is contained in document G/TBT/ENQ/23.G/TBT/13
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options available to them.  In this respect, the Committee noted that regulatory impact assessments
could be useful and the use of mandatory measures should be minimized.
12. At the Second Triennial Review, the Committee reiterated the importance of giving positive
consideration to accepting as equivalent technical regulations of other Members as provided for under
Article 2.7.  The Committee also noted that, as an interim measure until suitable internationalstandards were developed, in some cases, standardizing bodies or regulators in some Members had
chosen to accept as equivalent standards originating from other Members, even though these
standards differed from their own, on the basis that such standards fulfilled their objectives.
13. For the Third Triennial Review, the Committee notes that equivalency can be an element of
good regulatory practice (and is also relevant to conformity assessment as foreseen under Article 6.1).
Moreover, it should not detract from the development of international standards.  In considering
equivalence, Members must have regard to their general obligations, including those with respect totransparency and non-discrimination.
Recommendations
14. The issue of good regulatory practice is important, evolving, and worthy of further discussion
in the TBT Committee.  To further its work on good regulatory practice, the Committee agrees to:
- Invite Members to exchange experiences related to the identification of elements of good
regulatory practice at the domestic level;
- continue its exchanges on Members’ experiences and focus its discussion, on, inter alia ,
choice of policy instruments, mandatory versus voluntary measures,  and the use of regulatory
impact assessments to facilitate good regulatory practice;  and to
- initiate a process of sharing experiences on equivalency in the Committee particularly with
regard to how the concept is implemented in practice.
C. TRANSPARENCY PROCEDURES
15. At the Second Triennial Review, a number of decisions and recommendations were made
with a view to facilitating the access to information and further improving the notification
procedures.
9  The Committee agreed to continue exploring ways to shorten the time for the
submission, publication and circulation of notifications , as well as steps to facilitate the electronic
transmission of information among Members.  In response to a request made at the Second Triennial
Review, monthly tables of notifications have b een prepared by the Secretariat since January 200110 to
provide a brief indication of the notifications issued.
16. The Committee reiterates the importance of Members fulfilling their transparency obligations
under the Agreement, in particular, those related to the notification of draft technical regulations and
conformity assessment procedures as required und er Articles 2.9, 2.10, 5.6 and 5.7.  It notes that the
fulfilment of transparency obligations can contribute to the avoidance of unnecessary obstacles to
trade. Notification procedures, and the opportunity for comments, provide Members with the
opportunity to influence final requirements of other Members, and could enhance harmonization as
well as lead to the transfer of technology.
                                                     
9 G/TBT/9/Annex 3.
10 G/TBT/N/GEN/1-33.G/TBT/13
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Sharing of Information on Proposed Technical Regulations and Conformity Assessment Procedures
17. The Committee notes the usefulness of Members sharing information, on a voluntary basis,
on the future development of draft technical regulations and conformity assessment procedures before
the relevant notifications are made.  This would increase transparency and improve the opportunityfor comments.  This could be done electronically.  Members are encouraged to draw the attention of
the Committee to such information.
18. Furthermore, the Committee draws the attention of Members to their obligations under
Articles 2.9.1 and 5.6.1 of the Agreement to publish a notice in a publication on the introduction of a
particular technical regulation or conformity assessm ent procedure, at an early appropriate stage, to
enable interested parties in other Members to b ecome acquainted with it.  The Committee recalls its
decision that Members shall provide the names of the publications used to announce that work isproceeding on draft technical regulations or standards and procedures for assessment of conformity in
their statements under Article 15.2.
Notifications and the Handling of Comments
19. The Committee notes that a number of the trade concerns raised at its meetings, in certain
cases relate to a lack of transparency (including certain labelling requirements).  Procedural problemsinclude:  failures to notify, short periods for comments, and inadequate handling of comments. Ways
should be found to raise the awareness of regulatory authorities to the need for proper implementation
of  their transparency obligations.
20. The Committee believes that since notifications are a fundamental tool in the identification of
measures with an impact on trade, improvemen ts are needed in complying with notification
obligations, in particular with respect to the timing of notifications, so that these are made early
enough for other Members to comment on.  Insufficient comment periods prevent Members from
exercising their right to submit comments, to hold consultations, and to have their comments taken
into account.  They can also be particularly problematic when drafts need to be requested and/or
translated.   The Committee has observed that, in certain instances, the deadlines for comments havegone beyond the date of the entry into force of regulations, which has reduced the utility of providing
comments. Thus, the Committee reiterates the importance of Members fully observing their
transparency obligations under the Agreement, as well as the Committee's recommendation as set out
in Chapter III, paragraph 6 of document G/TBT/1/Rev.8 to provide 60 days for comments.
21. With respect to the notification forms themselves, the Committee stresses the importance of
properly completing these forms, and clearly specifying the anticipated dates of adoption and entry
into force of the notified measures and the final date for comments.  The accuracy with whichnotifications are filled out can significantly reduce the time required by the Secretariat to process
them.  On average, the Secretariat currently takes five working days to review incoming notifications
and to have them translated.
22. With respect to the handling of comments on notifications, the Committee reiterates the
importance of complying with its previous recommendations as set out in Chapter III, paragraph 7 ofdocument G/TBT/1/Rev.8.  Moreover, the sharing, on a voluntary basis, of comments and responses
could contribute significantly to other Members’ understanding of whether their comments have been
taken into account, and could assist Members in benefiting from the technical knowledge and legal
expertise of their trading partners.  This could be particularly useful for developing country Members.
In the preparation of comments and subsequent responses, the Committee stresses the importance ofdomestic coordination between the various interested parties.
23. The Committee reiterates the importance of Members fulfilling their notification obligations
at the sub-national level under Articles 3.2 and 7.2.  Members should make greater efforts to raiseG/TBT/13
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awareness of these obligations at this level and to  ensure their implementation.  This could be done,
for example, by holding seminars for local government bodies.
Timing of the Entry Into Force of Measures
24. The Committee also notes that access to final texts of technical regulations and conformity
assessment procedures, as required by Articles 2.11 and 5.8, is useful to Members.  With respect tothe entry into force of measures, the Committee reiterates the importance of following the
Committee's Decision in Chapter X of G/TBT/1/Rev .8, which states that a period of not less than
six months between the publication of technical regulations and their entry into force  should normally
be allowed.  This can enable exporters, particularly those from developing country Members, to adapt
their products and methods of production to import requirements.
The Code of Good Practice
25. With regard to the Code of Good Practice fo r the Preparation, Adoption and Application of
Standards, the Committee notes that in some cases (for instance with respect to voluntary labelling
requirements), standards are developed by bodies that are not commonly considered as standardizing
bodies and which have not accepted the Code.  The Committee calls on Members to draw the
attention of these bodies to the Code, and to encourage them to follow its provisions.
Recommendations
26. With regard to the handling of comments, the Committee agrees to:
- Recognize that, to improve the ability of developing country Members to comment on
notifications, and consistent with the principle of special and differential treatment, developed
country Members are encouraged to provide more than a 60-day comment period;
- invite Members to formulate their requests to enquiry points, on comment periods or on any
other matter,  in one of the three official languages of the WTO;
- encourage Members to voluntarily respond to comments in writing if so requested, and to
share their responses with the TBT Committee.  Members are also encouraged to draft their
responses in one of the three official languages of the WTO;
- invite Members, on a voluntary basis, to disseminate their comments and responses by means
of national websites and to draw the Committee's attention to these;
- encourage Members under Article 10.5,  to provide translations of the documents covered by
specific notifications, in any WTO official language of their choosing without being requested
to do so;  and to
- request Members to transmit their notifications to the Secretariat electronically via the Central
Registry of Notifications (CRN) at <crn@wto.org> in order to accelerate their processing.
27. With regard to the electronic transmission of information on proposed standards, technical
regulations and conformity assessment procedures, the Committee:
- Agrees to examine the feasibility of creating a central depository for notifications on the
WTO website, which would enable Members to complete notification forms on line.  This
would complement,  not replace, the submission of notifications to the CRN;  andG/TBT/13
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- takes note of Paragraph L of the Code of Good Practice which states that:  "No later than at
the start of the comment period, the standardizing body shall publish a notice announcing the
period for commenting in the publication referred to in paragraph J,"  and agrees that the
electronic publication of notices announcing the periods for comments can constitute another
possibility for the fulfilment of this transparency obligation.
28. In order to facilitate the follow-up on Members’ technical regulations and conformity
assessment procedures brought to the attentio n of the Committee, the Committee agrees to:  
- Have amendments to notifications carry the same document symbol as that of the original
notification to allow them to be adequately traced;  and
- encourage Members to share, on a voluntary basis, with the Committee any follow-up
information on issues that have been previously brought to its attention.
D. CONFORMITY ASSESSMENT PROCEDURES
29. At the Second Triennial Review, the Committee identified an indicative list of different
approaches to facilitate the acceptance of conformity assessment results (namely, mutual recognition
agreements for assessment of conformity to specific regulations;  co-operative arrangements between
domestic and foreign conformity assessment bodies in the voluntary sector;  the use of accreditation to
qualify conformity assessment bodies;  government designation; unilateral recognition of results offoreign conformity assessment; and manufacturer’s/supplier’s declarations).  It agreed to further
discuss these approaches with a view to analyzing them in the light of Articles 5 and 6.  In the
follow-up to the Second Triennial Review, fifteen  submissions have been received from nine
Members, providing information on the various approaches to facilitate acceptance of results of
conformity assessment.
Implementation of the Relevant Provisions of  the Agreement
30. The Committee emphasizes the importance of complying with the Agreement’s provisions on
conformity assessment (Articles 5-9).  These include Article 5 ( Procedures for Assessment of
Conformity by Central Government Bodies ), which sets out the obligations concerning
non-discrimination, unnecessary obstacles to trade, the use of international guides or
recommendations and transparency.  The Committee notes the importance of Article 5.1.2 which
emphasizes that conformity assessment procedures shall not be applied more strictly than is necessary
to give importing Members adequate confidence th at products conform with the applicable product
requirements, taking account of the risks that non-conformity would create.  Moreover, the
Committee notes the importance of improving the implementation of Article 5.2.
31. The Committee also stresses the importance of Members using relevant international guides
or recommendations (Article 5.4), and of Members playing a full part, within the limits of their
resources, in the preparation by appropriate in ternational standardizing bodies of guides and
recommendations for conformity assessment procedures (Article 5.5).  Moreover the Committee notes
the increasing development of international standards for conformity assessment procedures.
32. With regard to the acceptance of results of conformity assessment, the Committee reiterates
the importance of paragraph 1 of Article 6 ( Recognition of Conformity Assessment by Central
Government Bodies ), which calls on Members to accept unilaterally the results of the conformity
assessment procedures in other Members whenever possible.  The effective application of Article 6.1
would contribute to reducing unnecessary barriers to trade associated with duplicative testing and
certification.  The Committee also encourages Members to permit the participation of conformityassessment bodies located in the territory of other Members in their conformity assessmentG/TBT/13
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procedures, on a non-discriminatory basis, as stated in Article 6.4.  This could contribute to providing
a wider choice of competent conformity assessment bodies for suppliers and regulators.
Suppliers Declaration of Conformity (SDoC)
33. An initial exchange of views in the Committee took place on the use of SDoC, which is a
procedure by which a supplier provides assurance of conformity to the specified requirements.  The
Committee recognizes the benefits of this approach for the assurance of conformity when used in
appropriate circumstances.  In many cases, SDoC may allow for flexibility and could reduce the cost
of conformity assessment.  Thus, it could be a means of facilitating trade without prejudice to the
fulfilment of legitimate public policy objectives.
34. The Committee notes that the use of relevant international standards, guides or
recommendations can provide transparency to the SDoC process, and can support its value and
usability.  In particular, exporters in developing country Members can improve market access when
importing Members accept SDoC.  In addition, the use of test/inspection reports or certification
results from third parties or in-house laboratories, accredited on the basis of relevant international
standards, guides or recommendations, co uld also facilitate the reliance on SDoC.
35. In order to be effective, SDoC should be combined with:  effective product liability laws;
well-developed market surveillance systems with appropriate resources and enforcement powers;
penalties for false/misleading declarations;  appropriate incentives to encourage producers/suppliers
compliance;  and consumer redress.  In addition, in the use of SDoC consideration should be given to
the particular characteristics of the sectors and the products involved.
36. In using SDoC, the Committee stresses the importance of Members complying with their
transparency obligations so that suppliers are informed of when such conformity assessment
procedures are proposed.
Accreditation
37. With respect to the acceptance of conformity assessment results, the Committee notes that
Article 6.1.1 identifies accreditation as a possible tool for Members to verify the technical competence
of conformity assessment bodies in exporting country Members.  When operated according to
relevant international standards, guides and recommendations, accreditation offers a mechanism
which could promote confidence.  This could reduce trade barriers when governmental regulatory
authorities accept the results of accredited bodies.  The Committee notes the importance of Members
ensuring that accreditation bodies follow the relevant provisions of the Agreement, including those on
transparency and openness.
Mutual Recognition Agreements for the Acceptance of Conformity Assessment Results (MRAs)
38. The Committee notes that, under Article 6.3 "Members  are encouraged, at the request of other
Members, to be willing to enter into negotiations for the conclusion of Agreements for the mutual
recognition of results of each other's conformity assessment procedures."  Mutual RecognitionAgreements (MRAs)  are one of the approaches foreseen to facilitate the acceptance of conformity
assessment results.  The Committee notes, as indicated under Article 6, that appropriate confidence
building measures, including accreditation, could facilitate the acceptance of conformity assessment
results without entering into MRAs.
39. The Committee notes that MRAs can be negotiated between governments with respect to
specific regulations, or can be voluntary arrangements between domestic and foreign conformity
assessment bodies.  The Committee notes that while MRAs can be a useful approach to facilitate
acceptance of conformity assessment results, there ma y be difficulties faced in their negotiation andG/TBT/13
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implementation. There are various considerations for the conclusion of effective MRAs between
governments, such as:  a sound regulatory infrastructure, and a sufficient volume of trade in specific
sectors between the parties involved to justify the high administrative costs and the generally
long-term nature of the negotiations.  The following factors may also need to be taken into
consideration in the establishment of MRAs:  tangible economic benefits;  interest of stakeholders;support from key players;  underlying compatibility in the regulatory systems of the potential
MRA parties;  and sufficient resources for MRA negotiation and implementation.  Moreover, a step-
by-step approach may be useful to conclude an MRA, in particular, where the technical competence
of the two parties is not equivalent.  In this respect, progress could be made by means of technical
cooperation to obtain mutual benefits.
RecommendationsWork Programme
40. With a view to improving Members' implementation of Articles 5-9 of the Agreement and
promoting a better understanding of Members’ conformity assessment systems, the Committee agrees
to the following work programme to:
- Exchange information and experiences on existing conformity assessment procedures and
practices, the use of relevant international standards, guides and recommendations, and the
participation of Members in national, regional and international accreditation schemes;
- exchange information and experiences and hold  a workshop on SDoC covering issues such
as:  the regulatory authorities, sectors and suppliers which use SDoC;  the surveillance
mechanism, liability law and penalties used to ensure that products comply with
requirements;  the incentives for suppliers to comply with requirements; and the legislation
that underpins the relationship between buyers and sellers;
- invite representatives from relevant international and regional accreditation fora to provide
information on their operation and the participation of Members, in particular, developing
country Members, in their systems.  Moreover, users, such as certification bodies, should also
be invited to share their experiences in this respect;  and to
- hold a workshop on the different approaches to conformity assessment, including on the
acceptance of conformity assessment results.
41. The Committee will take stock of the progress made on this Work Programme and reflect it in
its Annual Report to the Council for Trade in Goods.
E. TECHNICAL ASSISTANCE AND SPECIAL AND DIFFERENTIAL TREATMENT
42. The Committee emphasizes the importance of effective technical assistance as a means of
improving the implementation of the TBT Agreement.  This is considered an area of priority work.
Trade-related technical assistance could assist developing and least-developed country Members to
participate more fully in, and benefit from, the global trading system.  In this respect, the Committee
stresses the importance of the implementation of Article 11 of the Agreement.
43. At the Second Triennial Review, the Committee agreed to develop a demand-driven technical
cooperation programme related to the TBT Agreement.  The programme would need to evolve on the
basis of a number of elements, including a survey on needs identification and prioritization by
developing country Members;  consideration of existing technical assistance activities by multilateral,
regional and bilateral organizations;  enhancement of cooperation between donors;  and identification
of technical assistance partners and financial considerations.  The progress made in implementing theG/TBT/13
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TBT-related technical cooperation programme would be assessed in the context of the Third Triennial
Review.  To assist the development of the programme, Members were invited to further communicate
information on technical assistance programmes they had proposed, provided or received.  The
Committee agreed to invite observers to provide regular updates on their technical assistance
activities, including the ways in which they sought to ensure the effective participation of Members,and particularly of developing country Members, in their activities.
44. Since the Second Triennial Review, a number of actions were taken for the development of
the TBT-related technical cooperation programme.  Approximately 100 submissions related to
technical assistance were received from Members.  These include:  53 submissions received from
Members in response to the "Questionnaire for a Survey to Assist Developing Country Members to
Identify and Prioritise their Specific Needs in the TBT Field"
11;  updates provided by observers12 on
their technical assistance activities;  and a report of the Director-General on his actions to increase theparticipation of developing country Members in the work of relevant international standard setting
organizations.
13  Furthermore, the Chairs of the Committee on Trade and Development (CTD) and the
General Council were consulted to ensure coordination and avoid duplication of work in
WTO TBT-related technical assistance.  Pursuant to a decision to strengthen coordination and
cooperation between the Committee and other relevant WTO bodies to effectively and efficientlyaddress the issue of trade-related technical assistan ce in the context of the Agreement (G/TBT/9), the
WTO Technical Cooperation Division provided the Committee with information on WTO technical
cooperation and capacity building activities.  The Committee takes note of existing databases
providing information on TBT-related technical assistance.
14
45. With the objectives of further developing the technical cooperation programme and providing
an opportunity for further information exchange on technical assistance, on both the demand and
supply sides, a special workshop on TBT-related technical assistance was held on 18 March 2003.15
Technical Assistance Needs
46. With respect to the responses to the questionnaire, the Secretariat has compiled16 and
analyzed17 the responses received, which reflect the current situation, specific difficulties, as well as
the prioritized technical assistance and capacity building needs identified by developing country
Members in relation to the implementation of and benefiting from the Agreement.  Based on the
analysis of the responses to the questionnaire, the Committee notes that TBT-related technical
assistance needs fall in a wide range of areas due to the dynamic and sophisticated nature of technical
regulations, standards, conformity assessment procedures and transparency procedures.  These
include:  the need for improved knowledge of the Agreement;  effective implementation of theAgreement;  exchange of experience among Members and bilateral cooperation;  national and
regional coordination;  training for development of human resources;  improvement of infrastructure
and capacity building;  participation in the work of the Committee and other relevant regional and
international organizations (including those in the international standardization process and
international conformity assessment arrangements );  and needs in relation to market access.
47. The Committee recognizes that improving impl ementation of the Agreement, including the
provisions relating to transparency, is an important element of TBT-related technical assistance.  It
                                                     
11 G/TBT/W/178.
12 The ALADI, FAO/WHO Codex Alimentarius Commi ssion, IEC, ISO, ITC, OIE, OIML, UN/ECE,
UNIDO, WHO and the World Bank.
13 G/TBT/W/172.
14 The Secretariat prepared an overview paper on existing databases providing information on
TBT-related technical assistance (G/TBT/W/207).
15 A Summary Report by the Chairperson on that Workshop is contained in Annex A of G/TBT/M/29.
16 G/TBT/W/186 and Add.1.
17 G/TBT/W/193.G/TBT/13
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further recognizes the importance of technical assistance related to good regulatory practice given the
difficulties faced by developing country Members in developing relevant mechanisms and systems.
Factors affecting the ability of developing country Members to implement the TBT Agreement
include the lack of awareness of the Agreement, the lack of capacity (particularly in terms of human
resources), as well as the lack of legislation and technical infrastructure.  Technical assistance andcapacity building activities should be provided accordingly.
48. The Committee also notes that developing country Members may encounter certain
constraints in the use of SDoC for their exports.  Technical assistance may be required in this respect.
Furthermore, technical assistance may also be required for those Members who wish to introduce
SDoC for ensuring conformity to their technical regulations in particular sectors.  In addition, the
Committee notes that technical assistance is needed to enhance the participation of relevant bodies
from developing country Members in international and regional accreditation systems, and recognizesthe efforts being made by international accreditation organizations in this regard.
49. The Committee notes the importance for Members to identify and prioritize their needs, since
not every request can be addressed, and not every Member will require the same type of assistance.
Development of human resources and technical capacity takes time, varies between Members, and
may evolve with levels of development.  For this  reason, technical assistance should be tailored to
specific needs.  Coordination and coherence among national authorities, as well as with donors, is
most important in terms of ensuring that the determination of needs and priorities, and requests for
assistance, are made in a coordinated fashion, using an effective approach while avoiding duplication.
The Committee notes that care should be taken to balance the various TBT-related assistance
activities so that recipient country Members could effectively develop their overall infrastructure.
Approaches to Technical Assistance
50. The Committee emphasizes the importance of effective technical assistance activities.  There
are a number of good practices to enhance the effectiveness and efficiency of technical assistance.
These include the following:  technical assistance ac tivities should follow a step-by-step approach,
focusing firstly on the provision of knowledge and skills and secondly on the development of
TBT-related infrastructure.  A structured and sequenced approach could increase effectiveness, and
better meet the needs identified by developing country Members.  In each technical assistance
activity, the selection and preparation of participants is critical to ensure proper application and
dissemination of the knowledge gained.  Regulators and the private sector may be recipients of
training activities.  There is a need for the increase of sustainability and dissemination of the acquired
knowledge  through the strengthening of institutions and the use of internal measures to complement
technical assistance.  There are also needs for the monitoring, assessment and following-up of
technical assistance activities.
51. The Committee notes that awareness raising with regard to the use and benefit of the
Agreement with domestic stakeholders is an important aspect of technical assistance.  Efforts to
increase awareness of the Agreement are usefully applied in all areas of government, as well asamong industry stakeholders and policy-makers.  A lack of awareness not only impedes the
development of national measures in a manner that adheres to the obligations under the Agreement;  it
also affects the provision of comments in response to notifications of other Members, and the
effective participation of Members in activities in the Committee and other relevant regional and
international organizations.
52. The Committee notes that modalities for the provision of technical assistance under Article 11
of the TBT Agreement could be, but are not limited to, training and human resources development
(including via seminars and workshops), technical consultation and "on the job" training.  On the
other hand, south-south technical cooperation and regional approaches for technical assistance can be
effective, and facilitate sharing of experiences among Members with similar situations.G/TBT/13
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Recommendations
53. In light of the work programme on TBT-related technical assistance since the
Second Triennial Review and in order to assist Members in implementing and operationalizing
Article 11, the Committee agrees to the recommendations in paragraphs 54-56.
54. The Committee notes the importance of transparency in the provision of technical assistance
and the need for coordination at the national, regional and international levels.  Recognizing that
improvements are needed to facilitate the meeting of demand and supply of technical assistance, and
with a view to building on the info rmation received, the Committee agrees:
- To consider the creation of an information coordination mechanism including through the
possible development of voluntary notification procedures for donors, and recipient Members
to communicate information on current and future activities.  To this end, and consideringproposals made by Members
18, the Chair is requested to hold consultations with interested
Members to:
- Examine what extent an Internet facility could serve this purpose;
- examine what an appropriate management approach might be;  and
- report to the Committee by mid-2004;
- that the survey questionnaire could be a dynamic tool to maintain information on developing
country Members' needs and encourages Members, on a voluntary basis, to update responses
to the survey questionnaire;  and
- to invite Members to communicate to the Committee pertinent information regarding
technical assistance activities of relevant regional and international bodies.
55. With regard to technical assistance provided by the Secretariat, the Committee agrees to:
- Explore how the results of the Committee's discussions (e.g., on needs identified, lessons
learned, gaps in technical assistance activities) could be reflected in the WTO's Technical
Assistance and Training Plan;  and
- request the Secretariat, as part of the Committee's standing agenda item on technical
assistance, to regularly deliver information on its recently concluded programmes and future
plans on TBT-related technical assistance, and reflect this in the Committee's annual
reviews.19  This should include information on modality, content, participation and any
feedback from recipient Members.
56. With regard to the appropriate role of the Committee in relation to technical assistance, the
Committee:
- Agrees on the need for Members and the Secretariat to raise the profile of TBT issues at the
international and national levels20;
- reaffirms the need for its future work to contribute to enhanced cooperation and coordination
between those involved in technical assistance;
                                                     
18 In particular: G/TBT/W/212, 216, 225, 232 and 233.
19 It is noted that the Secretariat is developing a WTO Website on TBT-related technical assistance.
20 It is noted that the Secretariat will prepare a booklet and a CD-ROM on the TBT Agreement.G/TBT/13
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- reaffirms the need to continue facilitating the exchange of national experiences;
- should provide a forum for feedback and assessment of the outcomes and effectiveness of
technical assistance;  and
- considers, based on Members' experience of technical assistance received and provided,
developing further elements of good practice in technical assistance in the TBT field.
57. The Committee is aware of its own constraints and those of the Secretariat in terms of
providing technical assistance.  Neither the Committee nor the Secretariat has the capacity to build
infrastructure and institutions.  These needs could be filled by governments and other relevant
regional and international organizations.
F. O THER ELEMENTS
58. At the Second Triennial Review, the Committee noted that concerns regarding labelling were
raised frequently in the Committee meetings during discussions on the implementation and operation
of the Agreement.  Since then, the issue of labelling has continued to be discussed in that context.The Committee notes that in these discussions trade impediment concerns related to labelling have
been brought to its attention.
59. Compilations of notifications made from 1 January 1995 to 31 August 2002, and of specific
trade concerns brought to the attention of the Committee by Members since 1995 related to labelling
requirements, can be found in documents G/TBT/W/183, G/TBT/W/184 and Corr.1.
60. The Committee agrees to continue to consider labelling concerns in its discussions in the
context of the implementation and operation of the Agreement.
61. On the issue of terms and definitions, the Committee agrees that the ISO/IEC could be invited
to provide information to the Committee on the revised ISO/IEC Guide 2: 1991, with a view to
examining whether and how far this revised document departs from ISO/IEC Guide 2: 1991.G/TBT/13
Page 13
ANNEX 1
LIST OF DOCUMENTS RELATED TO THE THIRD TRIENNIAL REVIEW
G/TBT/W/156 Technical Assistance and Technical Cooperation Programme
(Submission from Brazil)
G/TBT/W/160 Japan's Experience on Technical Assistance in the Area of TBT
(Submission from Japan)
G/TBT/W/162 Marking and Labelling Requirements
(Submission from Switzerland)
G/TBT/W/163  Technical Assistance and Capacity Building in the Field of Technical
 Barriers to Trade(Submission from the European Communities)
G/TBT/W/164 Technical Assistance and Technical Cooperation Programme
(Submission from Indonesia)
G/TBT/W/165  Labelling
(Submission from the United States)
G/TBT/W/166  Philippines Experience in the Implementation of the TBT Agreement
 (Submission by The Philippines)
G/TBT/W/167 A Policy Framework for Mutual Recognition Activities
(Submission from Canada)
G/TBT/W/172 Action to Increase Participation of Developing County Members in the Work of
Relevant International Standard Setting Organizations - Information fromInternational Organizations(Report of the Director-General)
G/TBT/W/173 A Policy Framework for the Facilitation of Trade and in the Fields of
and Add.1 Standardization and Conformity Assessment:  A Toolbox of Instruments
(Submission from the European Communities)
G/TBT/W/174/Rev.1 Labelling and Requirements of the Agreement of on Technical Barriers to
Trade (TBT):  Framework for Informal, Structured Discussions
(Submission from Canada)
G/TBT/W/175 Labelling
(Submission from the European Communities)
G/TBT/W/176 Labelling
(Submission from Japan)
G/TBT/W/178 Questionnaire for a Survey to Assist Developing Country Members to Identify and
Prioritize their Specific Needs in the TBT-Field
(Note by the Secretariat)
G/TBT/W/183 Notifications Related to Labelling (1 January 1995 – 31 August 2002)
(Note by the Secretariat)
G/TBT/W/184 Specific Trade Concerns Related to Labelling Brought to the Attention of theand Corr. 1 Committee since 1995
(Note by the Secretariat)
G/TBT/W/186 A Compilation and Summary of the Responses Received to theand Add.1 Questionnaire for a Survey to Assist Developing Country Members to Identify and
Prioritize their Specific Needs in the TBT-Field"(Note by the Secretariat)
G/TBT/W/188 Technical Assistance Activities in the TBT Field -
European Commission and EU Member State Funded(Submission from the European Communities)
G/TBT/W/189 TBT Technical Cooperation Programme
(Submission from Mexico)
G/TBT/W/193 An Analysis of the Priorities Identified by Developing Country Members in their
Responses to the Questionnaire for a "Survey to Assist Developing Country
Members to Identify and Prioritize th eir Specific Needs in the TBT-Field
(Note by the Secretariat)G/TBT/13
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G/TBT/W/194 A Policy Framework for the Acceptance of Results of Conformity
Assessment Procedures(Submission By Japan)
G/TBT/W195 Implementation of Supplier’s Declaration of Conformity
(Submission by The Separate Customs Territory of Taiwan, Penghu, Kinmenand Matsu)
G/TBT/W/196 Main Objectives for the Third Triennial Review of the Technical Barriers to Trade
Agreement - General Concept Paper
(Submission by Canada)
G/TBT/W/197 Third Triennial Review of the TBT Agreement
(Submission by the European Communities)
G/TBT/W/198 TBT-Related Technical Assistance and Capacity Building
(Submission from Australia)
/TBT/W/199 Korea's Experience in the Implementation of the WTO/TBT Agreement
(Submission by Korea)
G/TBT/W/200 Korea’s Experience on Technical Assistance in the Area of the TBT
(Submission by Korea)
G/TBT/W/201 Technical Assistance Activities in the TBT Field:  Japan
(as of 11 March 2003)(Submission by Japan)
G/TBT/W/202 Canadian Technical Assistance and Cooperation Activities in the TBT Field
(Submission from Canada)
G/TBT/W/203 Technical Assistance and Capacity Building in the TBT Field
(Submission by New Zealand)
G/TBT/W/205 Third Triennial Review of the TBT Agreement
(Submission by the People's Republic of China)
G/TBT/W/207 Overview of the Existing Databases on TBT-Related Technical Assistance
(Note by the Secretariat)
G/TBT/W/209 Third Triennial Review of the Agreement on Technical Barriers to Trade
(Communication from Mexico)
G/TBT/W/210 Canada’s Approach to Voluntary Conformity Assessment
(Submission by Canada)
G/TBT/W/211 Third Triennial Review of the TBT Agreement
(Submission by New Zealand)
G/TBT/W/212 Follow up to the Workshop on TBT Related Technical Assistance
 (Communication from New Zealand)
G/TBT/W/213 Contribution to the Third Triennial Review of the Agreement on Technical
Barriers to Trade.  Labelling
(Communication from Chile)
G/TBT/W/214 Third Triennial Review of the TBT Agreement
Notification Procedures Related to Amended Regulations Previously Notified to theWTO – Proposal(Submission from Brazil)
G/TBT/W/215 Third Triennial Review of the TBT Agreement
 (Submission from Brazil)
G/TBT/W/216 Follow up to the Workshop on TBT Related Technical Assistance
 Proposal from New Zealand for an Information Coordination Mechanism
 (Submission by New Zealand)
G/TBT/W/217 Conformity Assessment:  A Framework to Improve the Application of the 
TBT Agreement(Submission by the European Communities)
G/TBT/W/218 Supplier's Declaration of Conformity
(Submission by the European Communities)
G/TBT/W/219 Recent European Commission Developments in the Field of Better Regulation
(Submission by the European Communities)
G/TBT/W/220 Third Triennial Review of the TBT Agreement
 (Submission by the United States)G/TBT/13
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G/TBT/W/221 Overview of Technical Cooperation Ac tivities Regarding Metrology, Standardization
and Conformity Assessment – Received and Tendered by Brazil (1995-2003)
  (Submission from Brazil)
G/TBT/W/222 Third Triennial Review of the TBT Agreement
 (Submission by Japan)
G/TBT/W/223 The Introduction of Discussions on Good Regulatory Practice in APEC
(Submission by Japan)
G/TBT/W/224 Third Triennial Review:  Conformity Assessment and Transparency
(Submission from Egypt)
G/TBT/W/225 Follow-up of the Workshop on Technical Assistance:
Outlines for a Database and Task Force to Enhance Delivery of Technical AssistanceActivities(Submission by Egypt)
G/TBT/W/228 European Community TBT Related Technical Assistance to Developing Countries
(Submission from the European Communities)
G/TBT/W/230 The Third Triennial Review of the TBT Agreementand Corr.1 (Submission by Thailand)G/TBT/W/232 Technical Cooperation and Assistance Programme
Management Model(Submission from Brazil)
G/TBT/W/233 The Third Triennial Review of the TBT Agreement
Proposed Outcome on Technical Assistance(Joint Proposal by Canada and New Zealand)
G/TBT/W/234 Enhancing Transparency for New or Changed Regulations/CA Procedures which
Arise as a Result of Implementation of a Recommendation of the DSB(Submission by Canada)
JOB(01)128 and 128/ADD.1-2 - Technical Assistance – Compilation of Submissions from Members
Since the Beginning of Year 2001(Submissions from Bolivia, Brazil (G/TBT/W/156), Cuba, European Communities(G/TBT/W/163), Egypt (G/TBT/M/23), Japan (G/TBT/W/160), Indonesia(G/TBT/W/164), Mauritius, Mozambique, Nigeria, Oman, Panama (G/TBT/W/142),
Peru, Philippines (G/TBT/W/166), Thailand, Zimbabwe, Morocco, Barbados and
Egypt)
JOB(02)/99 and 99/Add.1-52 – Responses to the Questionnaire for a Survey to Assist Developing Country
Members to Identify and Prior itize their Specific Needs in the TBT-Field (responses received
from Brunei Darussalam;  Argentina;  Macao;  China;  Singapore;  Peru;  Brazil;  Indonesia;Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;  Thailand;  Madagascar;
Chile;  the Philippines;  Paraguay;  Colombia;  Kyrgyz Republic;  Mexico;  China;  India;
Lebanon;  Oman;  Lesotho;  Malawi;  Kenya;  Chad;  Cuba;  Venezuela;  Honduras;  Senegal;Angola;  Zimbabwe;  St. Vincent & the Grenadines;  Mauritius;  Jordan;  Korea;  Malaysia;South Africa;  Mongolia;  Bangladesh;  St. Lucia;  Ghana;  Trinidad and Tobago;  Uganda;Egypt;  Jamaica;  Guatemala;  Uruguay;  Turkey;  Sri Lanka;  Antigua and Barbuda;  andPakistan).G/TBT/13
Page 16
ANNEX 2
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT
(As of 7 November 2003)
Members Enquiry Points
(Notified)Notifications under
Article 15.2
Albania X
Angola
Antigua and Barbuda X G/TBT/2/Add.66
Argentina X G/TBT/2/Add.21 and Suppl.3
Armenia X G/TBT/2/Add.75
Australia X G/TBT/2/Add.8/Rev.1 and
Suppl.1
Austria X G/TBT/2/Add.12/Rev.2
Bahrain X G/TBT/2/Add.19
Bangladesh X
Barbados X G/TBT/2/Add.48
Belgium X G/TBT/2/Add.12/Rev.2
Belize X
Benin X
Bolivia X G/TBT/2/Add.43 and Suppl.1
Botswana X
Brazil X G/TBT/2/Add.26/Rev.2 and
Suppl. 1
Brunei Darussalam
Bulgaria X G/TBT/2/Add.32/Rev.2
Burkina Faso X
Burundi X
Cameroon X
Canada X G/TBT/2/Add.6/Rev.1
Central African (Rep.)
Chad
Chile X G/TBT/2/Add.16 and Suppl.1
China, People's Republic of X G/TBT/2/Add.65G/TBT/13
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Members Enquiry Points
(Notified)Notifications under
Article 15.2
Colombia X G/TBT/2/Add.18
Congo
Congo, Democratic Rep. of
Costa Rica X G/TBT/2/Add.51 and Suppl.1
Côte d'Ivoire X
Croatia X G/TBT/2/Add.73
Cuba X G/TBT/2/Add.13
Cyprus X G/TBT/2/Add.46
Czech Republic X G/TBT/2 and Suppl.1
Denmark X G/TBT/2/Add.12/Rev.2
Djibouti X
Dominica X G/TBT/2/Add.62
Dominican Republic X G/TBT/2/Add.74
Ecuador X
Egypt X G/TBT/2/Add.34
El Salvador X
Estonia X G/TBT/2/Add.58 and Rev. 2
European Communities X G/TBT/2/Add.12/Rev.2
Fiji X
Finland X G/TBT/2/Add.12/Rev.2
Former Yugoslav Republic o f
Macedonia (FYROM)
France X G/TBT/2/Add.12/Rev.2
Gabon
Gambia
Georgia X
Germany X G/TBT/2/Add.12/Rev.2
Ghana X G/TBT/2/Add.76
Greece X G/TBT/2/Add.12/Rev.2
Grenada X G/TBT/2/Add.67G/TBT/13
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Members Enquiry Points
(Notified)Notifications under
Article 15.2
Guatemala X
Guinea, Rep. of X
Guinea Bissau
Guyana
Haiti
Honduras X G/TBT/2/Add.50
Hong Kong, China X G/TBT/2/Add.1
Hungary X G/TBT/2/Add.41
Iceland X G/TBT/2/Add.55 and Suppl.1
India X G/TBT/2/Add.56
Indonesia X G/TBT/2/Add.3
Ireland X G/TBT/2/Add.12/Rev.2
Israel X G/TBT/2/Add.72
Italy X G/TBT/2/Add.12/Rev.2
Jamaica X G/TBT/2/Add.57
Japan X G/TBT/2/Add.10
Jordan X G/TBT/2/Add.61
Kenya X
Korea X G/TBT/2/Add.28
Kuwait
Kyrgyz Republic X G/TBT/2/Add.59
Latvia X G/TBT/2/Add.52
Lesotho X
Liechtenstein X G/TBT/2/Add.36
Lithuania X G/TBT/2/Add.64
Luxembourg X G/TBT/2/Add.12/Rev.2
Macau, China X G/TBT/2/Add.30
Madagascar
Malawi XG/TBT/13
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Members Enquiry Points
(Notified)Notifications under
Article 15.2
Malaysia X G/TBT/2/Add.9
Maldives
Mali X
Malta X
Mauritania
Mauritius X G/TBT/2/Add.40
Mexico X G/TBT/2/Add.14
Moldova X G/TBT/2/Add.68
Mongolia X G/TBT/2/Add.44
Morocco X G/TBT/2/Add.39
Mozambique X
Myanmar X
Namibia X G/TBT/2/Add.42
Netherlands X G/TBT/2/Add.12/Rev.2
New Zealand X G/TBT/2/Add.24
Nicaragua X
Niger X
Nigeria X G/TBT/2/Add.20
Norway X G/TBT/2/Add.15/Rev.1
Oman X G/TBT/2/Add.63
Pakistan X G/TBT/2/Add.45
Panama X G/TBT/2/Add.53 and Corr.1
Papua New Guinea X
Paraguay
Peru X G/TBT/2/Add.29
Philippines X G/TBT/2/Add.11
Poland X G/TBT/2/Add.31/Rev.1
Portugal X G/TBT/2/Add.12/Rev.2
QatarG/TBT/13
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Members Enquiry Points
(Notified)Notifications under
Article 15.2
Romania X G/TBT/2/Add.17 and Corr.1
Rwanda
Saint Kitts and Nevis
Saint Lucia X G/TBT/2/Add.37
Saint Vincent & Grenadines X G/TBT/2/Add.71
Senegal
Sierra Leone
Singapore X G/TBT/2/Add.25
Slovak Republic X G/TBT/2/Add.4
Slovenia X G/TBT/2/Add.5 and Suppl.2
Solomon Islands
South Africa X G/TBT/2/Add.60
Spain X G/TBT/2/Add.12/Rev.2
Sri Lanka X G/TBT/2/Add.27
Suriname
Swaziland X G/TBT/2/Add.35
Sweden X G/TBT/2/Add.12/Rev.2
Switzerland X G/TBT/2/Add.7
The Separate Customs Territory o f
Taiwan, Penghu, Kinmen and MatsuX G/TBT/2/Add.69
Tanzania X
Thailand X G/TBT/2/Add.38
Togo
Trinidad and Tobago X G/TBT/2/Add.47
Tunisia X G/TBT/2/Add.22
Turkey X G/TBT/2/Add.33
Uganda X G/TBT/2/Add.23
United Arab Emirates X
United Kingdom X G/TBT/2/Add.12/Rev.2
United States X G/TBT/2/Add.2G/TBT/13
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Members Enquiry Points
(Notified)Notifications under
Article 15.2
Uruguay X G/TBT/2/Add.54
Venezuela X G/TBT/2/Add.70
Zambia X
Zimbabwe X G/TBT/2/Add.49
TOTAL:         146 121 92
____________