./.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/GC/W/223
5 July 1999
(99-2756)
General Council Original:  English
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Proposals Regarding the TBT Agreement in terms of Paragraph 9(a)(i)
of the Geneva Ministerial Declaration
Communication from India
The following communication, dated 2 July 1999, has been received from the Permanent
Mission of India.
_______________
Issues
1. There has been a proliferation of technical regulations and standards in developed country
markets in a way so as to substantially affect market access of export products from developing
countries.  Developing-country exports may be affected in two ways: one, because standards,
regulations and conformity assessment procedures implemented by the importing countries are
inconsistent with TBT obligations or two, because developing countries lack the technical or financial
capacity to comply with them even assuming the measures are TBT consistent.  Furthermore,
environment related measures represent a further barrier to trade from developing-country exports.
Article 12 of the TBT Agreement mentions in great detail about S&D treatment to developingcountries.  But, these have largely remained pious wishes or have been inadequately implemented.
Proposals
2. Means have to be found to ensure effective participation of developing countries in setting of
standards by international standard-setting organization.  The proposal is to make it obligatory forinternational standardizing bodies to ensure the pr esence of developing countries in the different
phases of standard setting.  Moreover, a clear provision that the international standardizing bodies
must comply with the Code of Good Practice.
3. Technical assistance and cooperation is required to upgrade conformity assessment procedure
in developing countries in order that they gain acceptance in developed markets.  The proposal is tomake Article 11 obligatory rather then a best endeavour as it is worded now.  In other words technical
assistance should be a clear obligation rather than a question of taking “reasonable measures” or on
merely “mutually agreed terms”.
4. Acceptance by developed-country importers of self-declaration regarding adherence to
standards by developing-country exporters and acceptance of certification procedure adopted bydeveloping country certification bodies based on in ternational standards.  Such a provision to be
introduced in Article 12.WT/GC/W/223
Page 2
5. A specific provision to be introduced in Article 12 that developing countries shall be given a
longer time-frame to comply with measures regarding products of export interest to them.
Furthermore, a specific provision in Article 12 th at if a measure brought forward by a developed
country creates difficulties for developing countries, then the measure should be reconsidered.
6. Developing countries have so far not been included in MRAs.  A specific provision in
Article 6 that developing countries could be part of MRAs and shall have the flexibility of joining at a
later stage.
7. Broad basing and multilateralizing Mutual Recognition Agreement between national
standard-setting bodies to be made obligatory on the basis of a provision in Article 6.
8. A definition of international standards and/or international standardizing bodies in the
TBT Agreement keeping in mind the problems and constraints faced by the developing countries.
__________