WORLD TRADE
ORGANIZATIONG/TBT/W/209
28 May 2003
(03-2873)
Committee on Technical Barriers to Trade Original:  Spanish
THIRD TRIENNIAL REVIEW OF THE AGREEMENT
ON TECHNICAL BARRIERS TO TRADE
Communication from Mexico
I. INTRODUCTION
1. As an original signatory to the Agreement on Technical Barriers to Trade (TBT Agreement)
Mexico has played an active role in the activities concerned with the implementation of that
international instrument, with a firm commitment to eliminate the unnecessary technical barriers to
trade through the application of uniform rules and pr ocedures directed towards that end.  Accordingly,
Mexico put forward its points of view and participated in the discussions during the First and Second
Triennial Reviews of the TBT Agreement1 and, on this occasion, has decided to offer this contribution
with a view to making its position clear on various subjects of interest to the Members of the
Committee on Technical Barriers to Trade, encourage an exchange of views on how best to tackle
such subjects and promote the form ulation of recommendations thereon.
2. Mexico attaches great importance to the Third Triennial Review of the TBT Agreement,
principally on account of the impact that the implem entation of the rules of that Agreement has on the
health and growth of multilateral trade.  In this  connection, Mexico considers that, while tariffs are
being eliminated, it is becoming more and more obvious that the international flow of goods is being
affected by a proliferation of non-tariff measures.  In addition, Mexico believes that standardization
(both mandatory and voluntary) and conformity assessment are instrumental and highly effective in
achieving sustainable economic growth in the develo ping countries, raising the standard of living of
their citizens, developing and strengthening the business infrastructure and competitiveness, and
protecting the environment.
3. In analysing the operation of the TBT Agreement (on the basis of the provisions of
Article 15.4) as well as the results of the First and Second Triennial Reviews, Mexico has come to the
conclusion that the trade problems arising with regard  to the technical barriers to trade are all directly
linked to problems of the implementation of its provisions. The TBT Agreement possesses a well-
structured set of rules, which are sufficiently clear and exhaustive, and consequently the ThirdTriennial Annual Review should not seek to interpret its provisions, much less change them, but
solely make recommendations so as to enable the Members to apply them promptly and appropriately
and thus implement the Agreement effectively.
4. In view of the above observations, Mexico's objectives during the Third Triennial Review are
the discussion and, if appropriate, the drawing up of  recommendations in the following fields (listed
in no particular order):
(a) Good Regulatory Practices;
                                                     
1 Documents G/TBT/5 and G/TBT/9.G/TBT/W/209
Page 2
(b) assessment of conformity;
(c) transparency;  and(d) technical assistance in the application of the TBT Agreement.
II. GOOD REGULATORY PRACTICES
5. Articles 2.1, 2.2, 2.3, 2.4 and 2.8 of the TBT Agreem ent include, expressly or tacitly, various
substantive obligations that the Members must fulfil so that the technical regulations that they prepare,
amend or add to substantially
2 do not constitute unnecessary obstacles to international trade.
6. In Mexico's view some of the problems that various Members encounter in gaining access for
their products to other markets are directly linked to the failure to implement correctly the substantiveobligations laid down in the TB T Agreement.  Accordingly, Mexico suggests that discussion should
take place on the preparation of good regulatory practices that would enable the Members to check,
before definitively issuing their respective technical regulations, that the substantive obligations laid
down by the TBT Agreement have been fulfilled.
7. The Good Regulatory Practices to be prepared should include:  (i) recommended procedures
that will ensure effective compliance with each of the substantive obligations laid down in the
TBT Agreement, and (ii) examples of mechanisms fo r the fulfilment of such obligations.  In Mexico's
opinion such Good Regulatory Practices should be applicable to any kind of technical regulation.
8. Likewise, Mexico regards it as highly important that, essentially, the Good Regulatory
Practices should enable Members to implement the two requirements which Article 2.5 of theTBT Agreement establishes for the presumption that a technical regulation does not create an
unnecessary obstacle to international trade.  Thus , insofar as Members confine the preparation of
technical regulations to those designed to attain  the legitimate objectives expressly mentioned in
Article 2.2 of the TBT Agreement and ensure that such regulations are in accordance with the relevant
international standards, fewer trade problems will arise from them and, above all, the provisions of theTBT Agreement will operate more effectively.
9. Mexico believes that the preparation of Good Regulatory Practices, in addition to providing a
highly useful guide for Members, will help the developing countries (particularly the least-developed
countries), the countries that have recently joined the WTO, and those engaged in that process, to
implement the TBT Agreement effectively for the benefit of international trade.
10. Regarding the technical regulations on labelling, as mentioned in document G/TBT/W/184,
Mexico considers that most of the problems identified by Members with respect to such regulationsspecifically arise from the failure to comply w ith the substantive obligations laid down in the
TBT Agreement and not from gaps or lack of precis ion in that Agreement.  Likewise, it is important
to emphasize that, as that document observes, many of the objections to the technical regulations on
labelling made by the Members directly or indirectly arise from the failure to observe the obligations
of transparency (e.g. timely notification, etc.).  Consequently, Mexico considers that, even if therewere particular problems with regard to technical regulations on labelling, they could undoubtedly be
settled through the preparation of Good Regulatory Practices, and through recommendations that
reaffirm or facilitate the implementation of the obligations on transparency (see section IV of this
document).
                                                     
2 It is our understanding that, in accordance with the provisions of Article 1.6 of the TBT Agreement,
amendments of an insignificant nature, derogations or abrogations of technical regulations are not covered by
the Agreement.G/TBT/W/209
Page 3
III. ASSESSMENT OF CONFORMITY
11. Articles 5, 7, 8 and 10 of the TBT Agreement establish obligations of a substantive and
procedural nature and with regard to transparency, which the Member countries (or their localgovernment bodies or non-governmental bodies) must observe when introducing or amending
conformity assessment procedures (CAPs).  However, the TBT Agreement allows Members to choose
the proper level of protection in their CAPs and, theref ore, also allows them to determine the nature of
the conformity assessment system that they wish to use.
3
12. Mexico recognizes that some of the problems of market access that confront Members also
arise from the lack of proper observance of the provisions laid down in the TBT Agreement with
regard to the CAPs.  However, it is also true that, on very many occasions, even when the Membersstrictly observe the obligations laid down in th e TBT Agreement when preparing their CAPs, the
problems arise from factors "external" to that instrument, as may occur in cases where Members lack
the necessary infrastructure for the proper operation and application of their CAPs
4 or where they are
simply not aware of the usefulness or effects of specific conformity assessment systems in particular
cases (e.g. the application of a certification system for a technical regulation on electrical installations,where the appropriate system would be an on-site inspection procedure).
13. Thus, as regards the assessment of conformity Mexico considers that the Third Triennial
Review of the TBT Agreement should, among its conclusions, give priority to the technical assistance
granted to the Members in this field
5, and should also work on the preparation of Guides which should
generally help the Members to develop their infrastructure and use correctly the various conformityassessment schemes so as to achieve their legitimat e objectives in a way that places fewer restrictions
on international trade.
IV. TRANSPARENCY
14. In accordance with the provisions of Article 2.9 of the TBT Agreement, where a Member
intends to issue a technical regulation that may have a significant effect on trade, and no relatedinternational standard exists, or, if it does exist, its content is not compatible with it, that Member
must meet four requirements when preparing it, namely:
(a) Announce to the Members by means of a notice, at an early appropriate stage, its
intention of adopting the regulation;
(b) notify, also at an early appropriate stage, the objective, rationale and products covered
by the proposed regulation, so as to enable the Members to formulate comments and,
consequently, allow the proposed regulation to be amended;
(c) provide details on the content of the proposed technical regulation and indicate its
divergences from the applicable international standards;  and
                                                     
3 Certification, verification, laboratory tests, calibration, supplier's declaration of conformity.
4 Accreditation bodies, certification bodies, laboratories for testing and calibration and verification
units.
5 Accordingly, Mexico is fully in agreement with the conclusions expressed by the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu in document G/TBT/W/195 of 12 March this year.G/TBT/W/209
Page 4
(d) allow a reasonable period of time for the formulation of comments, hold discussions
on such comments, and take into account both the comments and the results of the
discussions themselves.
15. Mexico attaches great importance to the obligations laid down by the TBT Agreement with
regard to transparency and considers that their fulfilm ent will, to a considerable extent, help to prevent
unnecessary obstacles to international trade.  Similarly, the fulfilment of the aforementioned
obligations enables countries to influence the content of foreign technical regulations so that they take
account of the special conditions of their nationals.  Finally, the opportunity to participate in the
preparation of the technical regulations of other countries encourages harmonization and,
unquestionably, the transfer of technology.
16. With regard to the obligation established in Article 2.9.1 of the TBT Agreement, Mexico
takes the view that the TBT Committee should establish procedures to ensure its fulfilment and
implementation by the Members, since until now the notices provided for in this provision have been
overlooked and have not been communicated effectively. As an example, we refer to the notification
that Mexico regularly makes to the TBT Committees, by means of which it informs Members of the
annual publication of the National Standardization Programme and, if appropriate, of itssupplements.
6 In both instruments Mexico lists all the technical regulations that will be prepared
during that year by the various departments of th e federal government, providing Members with the
relevant information at a sufficiently early stage and independently of the notifications for each
technical regulation, which are subsequently made on the basis of Article 2.9.2 of the
TBT Agreement.
17. With regard to the obligations mentioned in Articles 2.9.2,  2.9.3 and 2.9.4 it has been a cause
for concern to Mexico that the Members only partially observe them, or even totally fail to fulfil them,
since the relevant notification documents contain the following inconsistencies with those obligations:
(a) Absence of a time-limit for the submission of comments on the technical regulations;
(b) lack of dates for the adoption and entry into force of the technical regulation;
(c) failure to observe the minimum period of 60 days for the submission of comments
(either because the period is less than that, or even because it has already ended by
the time the notification is circulated);  and
(d) date of adoption and entry into force prior to the date of circulation of the
notification, or very close to it.
18. In Mexico's opinion Articles 2.9.2, 2.9.3 and 2.9.4 of the TBT Agreement provide that the
obligations with regard to transparency contained therein must be fulfilled by Members when the
technical regulations are still at the draft stage and not when the regulation has already been adoptedor is in the final stages of adoption.  Similarly, even when Members are given the opportunity to
formulate comments on a technical regulation, if the procedural stage at which it makes its
notification is not sufficiently early or if the period is not sufficiently long, this prevents them from
exercising the rights arising from such obligatio ns, that is to say, from submitting the relevant
comments, so that they may be considered, discussions held on them and, if appropriate,modifications introduced into the technical regulation in question.
19. In view of the foregoing observations, Mexico considers that the Triennial Review of the
TBT Agreement should result in recommendations for the strict fulfilment by Members of the
                                                     
6 For example, see document G/TBT/W/204 of 15 April 2003.G/TBT/W/209
Page 5
transparency obligations and, if appropriate, for the improvement of the corresponding notification
procedures.
V. TECHNICAL ASSISTANCE
20. Mexico considers that the Third Triennial Review of the TBT Agreement should continue to
discuss the sustainability and continuation of technical assistance, for which reason it is againsubmitting for consideration by Members the arguments, explanations and conclusions contained in
document G/TBT/W/189, dated 16 October 2002.
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