WORLD TRADE  
ORGANIZATION  G/TBT/14 
5 March 2004 
 
 (04-0988) 
Committee on Technical Barriers to Trade  
 
 
NINTH ANNUAL REVIEW OF THE IMPLEMENTATION AND 
OPERATION OF THE TBT AGREEMENT 
  
Note by the Secretariat
 
 
 
 
   
 
  1. The Committee on Technical Barriers to Trade
1 (the Committee) will conduct its ninth annual 
review under Article 15.3 of the Agreement on Techni cal Barriers to Trade (the Agreement) at its 
meeting on 23 March 2004.  This document contai ns information on developments in the Committee 
relating to the implementation and operatio n of the TBT Agreement from 1 January 
to 31 December 2003.  
 
I. MEETINGS OF THE COMMITTEE ....................................................................................2  
II. TRANSPARENCY PROCEDURES.......................................................................................3  
III. TECHNICAL ASSISTANCE AND SPECIAL AND DIFFERENTIAL 
TREATMENT...................................................................................................................... .....6 
IV. DISPUTES INVOLVING PROVISIONS OF THE TBT AGREEMENT...........................7  
V. ANNEXES ........................................................................................................................ .......10  
A. LIST OF WTO  MEMBERS AND OBSERVERS (GOVERNMENTS AND INTERNATIONAL 
ORGANIZATIONS WITH OBSERVER STATUS IN THE COMMITTEE ).............................................10  
B. LIST OF WORKING DOCUMENTS AND SPECIAL DOCUMENTS ISSUED DURING THE 
YEAR 2003 ........................................................................................................................... .....13  
C. NOTIFICATIONS MADE BY MEMBERS AND BY RELEVANT ARTICLES OF THE 
AGREEMENT IN THE YEAR 2003  AND SINCE THE ENTRY INTO FORCE OF THE 
AGREEMENT ..............................................................................................................................1 7 
D. OBJECTIVES AND RATIONALES STATED IN NOTIFICATIONS IN 2003 ........................................20  
E. OBSERVATION OF THE RECOMMENDED COMMENT PERIOD BY MEMBER IN 2003...................21  
 
                                                      
1 For general information on membership and documentation in the TBT Committee during the period of review, see Annexes A 
and B. This document has been prepa red under the Secretariat's own 
responsibility and without prejudice to the positions of Members 
and to their rights and obligations under the WTO G/TBT/14 
Page 2  
 
 I. MEETINGS OF THE COMMITTEE 
2. The Committee, pursuant to Article 13.1 of the Agreement and to the Rules of Procedure, 
elected Mr. Juan Antonio Dorantes-Sánchez (Mexic o) as its Chairperson for the year 2003-2004. 
3. Three meetings were held in 2003 (20 March, 2 July and 7 November 2003).
2  A t  t h e s e  
meetings, the Committee addressed issues relating to  the implementation and administration of the 
Agreement, technical assistance, observer status a nd the preparation of the Third Triennial Review.  
4. Several measures were brought to the atten tion of the Committee by Members who raised 
concerns about the potential adverse trade effects,  or inconsistency with the Agreement of those 
measures.   Five Members informed the Committee of  measures in existence or taken to ensure the 
implementation and administration of the Agreement.3   
5. At its March meeting, the Committee carried out its Eighth Annual Review of the 
Implementation and Operation of the Agreemen t under Article 15.3 as well as the Eighth Annual 
Review of the Code of Good Practice for the Prep aration, Adoption and Application of Standards 
(Annex 3 of the Agreement).4 
6. A special workshop on technical assi stance was held on 18 March 2003.5  In that context, 
proposals were made on technical assistance which c ould contribute to the development of the TBT-
related technical cooperation programme.  Such pr oposals were also considered by the Committee in 
the context of the preparation of the Third Trienni al Review of the Agreement under Article 15.4.   
7. A Learning Event on Labelling was held on 21-22 October.  This Event was based on real-life 
case studies, with a particular focus on developing countries' concerns.  It was aimed at enhancing Members' understanding of the preparation, adoption and application of labelling requirements in the 
context of the implementation of the TBT Agreement,  as well as the impact of such requirements on 
market access.
6   
8. The Committee carried out the annual transiti onal review mandated in the Protocol of 
Accession of the People's Republic of China.7   
9. The Committee concluded the Third Trienni al Review at its November meeting.8  Elements 
considered under the Review included the following:  (i) the implementation and administration of the 
Agreement, (ii) good regulatory practice, (iii) tran sparency procedures, (iii) conformity assessment 
procedures, (iv) technical assistance and special and differential treatment, and (v) other elements.  A 
number of recommendations were made by the Committee.   
                                                      
2 G/TBT/M/29-31. 
3 The full list of Members having submitted the statement on impl ementation and administration of  the Agreement  under Article 
15.2 (since January 1995) is contained in document G/TBT/GEN/1.  Th e five Members who did so in 2003 are:  Israel (G/TBT/2/Add. 72), 
Croatia (G/TBT/2/Add.73), Dominican Repub lic (G/TBT/2/Add.74), Armenia (G/TBT/2/Add. 75) and Ghana (G/TBT/2/Add. 76). 
4 The Eighth Annual Review is contained in document G/TBT/12.  Other relevant backgr ound documents to this review are:  the 
list of standardizing bodies that had accepte d the Code in 2002 (G/TBT/CS/ 1/Add.7) and the WTO TBT Standards Code Directory (ei ghth 
edition). 
5 Annex A of G/TBT/M/29. 
6 Ten real-life case studies were presented on different sector s such as forest, fruits, flowers and food labelling systems, 
efficiency requirements and voluntary energy programmes, and tobacco.  Speakers were fr om Argentina, Australia, Brazil, Canada,  
Colombia, the European Communitie s, Mexico, the People's Republic of China, the Separate Customs Territory of Taiwan, Penghu, K inmen 
and Matsu (Chinese Taipei) and the United States. 
7 G/TBT/W/236. 
8 G/TBT/13.  The Second Triennial Re view is contained in G/TBT/9.  G/TBT/14 
 Page 3 
 
 
 10. During the review period, the Committee heard statements from various observers on their 
technical assistance activities and on ways in which they sought to ensure th e effective participation 
of Members, in particular developing  country Members, in their activities.9    
II. TRANSPARENCY PROCEDURES10 
11. In 2003, Members submitted 79411 notifications. Since the entry into force of the Agreement 
on 1 January 1995, up to 31 December 2003, 54 60 notifications were made by 80 Members.12  
Figure 1:  Total number of TBT notifications since 1995 
 
365460794
648 669611
538581794
0200400600800
1995 1996 1997 1998 1999 2000 2001 2002 2003
 
 
Figure 2:  Notifications in 2003 by article 
669
22 1132
5 0 6
0100200300400500600700
Art.2.9.2 Art. 2.10.1 Art. 3.2 Art. 5.6.2 Art. 5.7.1 Art. 7.1 No article
mentioned
 
12. Amongst the 794 notifications received in year  2003, the following legitimate objectives 
and/or rationale have been mentioned by Members as  the first objective:  protection of human health 
(in 329 notifications);  adoption of new domestic la w (in 101 notifications);  prevention of deceptive 
practices (in 97 notifications);  consumer inform ation and labelling (in 53 notifications);  quality 
requirements (in 52 notifications);  harmonization (in 51 notifications);  protection of the environment 
(in 30 notifications);  protection of animal or plan t life or health (in 13 notifications);  lowering or 
removal of trade barriers and trade facilitation (in 4 no tifications).  39 notifications did not specify any 
legitimate objective and 24 notifications re ferred to other legitimate objectives. 
                                                      
9 Statements were heard from the Asociación Latinoamericana de Integración (ALADI), the International Electrotechnical 
Commission (IEC), the International Organization for Standardization (ISO) and the World Bank. 
10 The data for the graphs in this section are drawn from the tables in Annexes C, D and E. 
11 Notification G/TBT/N/CAN/62 has been withdrawn. 
12  Monthly lists of notifications for 2003 ar e contained in documents G/TBT/GEN/N/25-36. G/TBT/14 
Page 4  
 
  
Figure 3:  Percentage of notifications by stated legitimate objective 
 
Protection of the 
environment, 4%Trade facilitation, 1% No objective, 5%
Quality requirements, 7%Protection of animal or 
plant life or health, 2%
Adoption of new
domestic law, 13%Consumer information 
and labelling, 7%Other, 3%
Prevention of deceptive 
practices, 12%Harmonization, 6%Protection of human 
health or safety, 40%
 
13. The Committee has recommended 60 days as a mini mum length of time to be allowed for the 
presentation of comments from other Members.13  In 2003, Members allowed an average 
of 54.8 calendar days for comments.  242 Notifications did not specify a comment period, stated it as non applicable or had a comment period which had lapsed.  Figure 4 shows th e average time allowed 
for comments since 1995.   
Figure 4:  Average number of days allowed for comments since 1995. 
52.3
46.9 46.3 47.2 46.549.653.349.254.8
0102030405060
1995 1996 1997 1998 1999 2000 2001 2002 2003
 
14. In 2003, four notifications were made under Article 10.714, notifying respectively the Mutual 
Recognition Agreement reached by: 
• INMETRO (Brazil), SCC (Canada) and A2LA (United States); 
• INMETRO (Brazil), SCC (Canada) and EMA (Mexico);   
• The European Communities and Switzerland;  and, 
• Japan and the Republic of Singapore 
 
                                                      
13 G/TBT/1/Rev.8. 
14 G/TBT/10.7/N/42-45.  G/TBT/14 
 Page 5 
 
 
 Figure 5:  Number of notifications submitted under Art. 10.7 since 1995 
0018
010
16
44
05101520
1995 1996 1997 1998 1999 2000 2001 2002 2003
 
15. The following information releva nt to transparency is noted: 
(a) Information on publications used to annou nce that work is proceeding on draft 
technical regulations and conformity asse ssment procedures under Article 2.9.1 and 
5.6.1 of the Agreement, and publications in which the final texts are published under 
Article 2.11 and 5.8 is contained in  documents G/TBT/2 and addenda. 
(b) The list of WTO TBT Enquiry Points under Article 10.1 and 10.2 is contained in 
document G/TBT/ENQ/24.   
(c) In 2003, three standardizing bodies from th ree Members accepted the Code of Good 
Practice (Annex 3 of the Agreement).15 
(d) Since the entry into force of the Agreement, 142 standardizing bodies from 103 
Members have adhered to the Code.  Notif ications of acceptance of the Code by 
standardizing bodies of Members are contained in documents G/TBT/CS/N/1-153.16 
(e) A list of standardizing bodies that adhere d to the Code in 2003 is contained in 
document G/TBT/CS/1/Add.8. Document G/TB T/CS/2/Rev.10 contains the complete 
list, by Member, of standardizing bodies th at have accepted the Code since 1 January 
1995.     
(f) The Ninth Edition of the WTO TBT Standards Code Directory is published by the 
ISO/IEC Information Centre and will be available in March 2004. 
                                                      
15 These Members were Paraguay (G/TBT/CS/N/151), Mexi co (G/TBT/CS/N/152) and Georgia (G/TBT/CS/N/153) 
16 Notifications G/TBT/CS/N/118 and 138 have been cancelled. G/TBT/14 
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III. TECHNICAL ASSISTANCE AND SPECIAL AND DIFFERENTIAL TREATMENT  
16. In 2003, the Secretariat organized six regional workshops in:   
(a) Namibia for English-speaking African countries;
17   
(b) Lebanon for Arab and Mediterranean countries;18   
(c) Saint Kitts and Nevis for the Caribbean countries;19  
(d) Fiji for the Pacific Island countries;20  
(e) Peru for Latin American countries;21 and,  
(f) Mozambique for SADC countries.22  
 
17. The last two workshops were organized pursu ant to the mandate given to the Director 
General23 to continue his cooperative efforts with in ternational standards se tting organizations to 
enhance the participation of developing countries in  their activities.  On these two occasions, the 
Secretariat cooperated with the International Electrotechnical Commission (IEC) and with the 
International Organization for Legal Metrology (O IML).  The programmes for all regional workshops 
were designed to raise awareness of the TBT Agre ement and to provide capital-based officials with 
updated information on the work and discussions in the TBT Committee.  The workshops also 
provided opportunities for experience sharing among participants, as well as the identification of 
possible regional cooperation.  Concerning their or ganization, cooperation was received from regional 
partners, such as ESCWA, CARICOM and the Pacific Forum Secretariat (FORSEC).  
18. In response to requests received from indi vidual Members, national workshops were 
organized in Georgia, Qatar, Yemen, Lebanon,  the Kyrgyz Republic, the Gambia and India.24  These 
workshops addressed issues such as adequate coor dination between regulators, the importance of 
prioritizing technical assistance needs, the establishm ent of the enquiry points and the preparation of 
the statement on the implementation and administ ration of the Agreement under Article 15.2.   
19. The WTO Secretariat participated in a regional workshop organized by UNIDO and 
UNCTAD for West African countries25 and in a regional Workshop organized by UNIDO for LDCs 
of the SAARC region.26  In these events, the role of the WT O Secretariat was to raise awareness of 
the importance of the implementation and administ ration of the TBT Agreement, to highlight and 
clarify the main principles and provisions of the Ag reement, to provide guidelines and clarification on 
the TBT notification procedures and to explain how the TBT Agreement could be used as a tool for 
facilitating international trade.    
                                                      
 17 Botswana, Ethiopia, Gambia, Ghana, Kenya, Malawi, Mauritius,  Mozambique, Namibia, Nigeria, Sierra Leone, South Africa, 
Sudan, Tanzania, Uganda, Zambia, Zimbabwe. 
18 Algeria, Bahrain, Djibouti, Egypt, Jo rdan, Lebanon, Mauritania, Oman, Saudi Arab ia, Sudan, Syria, Tunisia, United Arab 
Emirates and Yemen. 
 19 Antigua and Barbuda, Dominica, Grenada, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Jamaica, Barbados, 
Guyana, Trinidad, Suriname, Haiti, Dominican Republic and Belize. 
20 Fiji Islands Republic, Papua New Guinea, Solomon Islands,  Samoa, Tonga, Vanuatu, Cook Islands, Federated States of 
Micronesia, Kiribati, Niue, Palau, Republic of the Marshall Islands and Tuvalu. 
21 Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, 
Nicaragua, Panama, Paraguay, Peru, Domi nican Republic, Uruguay and Venezuela. 
22 Angola, Botswana, Democratic Republic of Congo, Lesotho,  Malawi, Mauritius, Mozambique, Namibia, Seychelles, South 
Africa, Swaziland, Tanzania, Zimbabwe. 
23 WT/MIN(01)/17. 
24 The Georgia, Kyrgyz Republic, Lebanon and the Gambia workshops were joint TBT/SPS workshops. 
25 Benin, Burkina Faso, Capo Verde, Guin ea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Togo, Côte d'Ivoire. 
26 Bangladesh, Bhutan, Nepal and the Maldives.  G/TBT/14 
 Page 7 
 
 
 20. The Secretariat also participated in a Standa rds Coordination Workshop for Southeast Europe 
organized by the United States Department of Comme rce.  This workshop took place in Geneva.   
21. Moreover, the trade policy courses organized by  the WTO Secretariat for English-speaking 
African countries and for Islamic countries, which included training on TBT issues, were also an 
opportunity to provide technical assistance.  Other technical assistance activities included two 
Geneva-based events:  a Special Workshop on TB T related Technical Assistance and a Learning 
Event on Labelling (referred to in  paragraphs 6 and 7, above).27 as well as advice to capital-based 
officials on various issues related to the ope ration of the Agreement and the Committee. 
22. In 2003, the Secretariat created a web page de dicated to technical assistance in the TBT 
field.28  This web page contains information rela ted to:  activities of the WTO and Observer 
Organizations;  activities, approaches and experiences of Members;  training materials;  databases on 
TBT-related technical assistance, and a list of techni cal assistance-related documents.  This web page 
will be updated periodically to reflect informa tion received from Members and international 
organizations. 
IV. DISPUTES INVOLVING PROVISIO NS OF THE TBT AGREEMENT 
23. The state of play during the year 2003 with regard to disputes involving provisions of the 
TBT Agreement is summarized below.   
Case 
# Case  
Name Complaint 
By State of Play TBT Articles 
Invoked 
1.    Pending Consultations 
DS279 India – Import 
Restrictions 
Maintained under 
the Export and 
Import Policy 
2002-2007 European 
Communities On 23 December 2002, the European Communities 
requested consultations with India concerning 
import restrictions maintained by India under its 
Export and Import Policy 2002-2007 with respect to 
particular products of concern to the European 
Communities (WT/DS279/1). 
On 17 January 2003, the United States requested to 
join the consultations (WT/DS279/2). 
On 31 January 2003, India accepted the request of 
the United States (WT/DS279/3). 2 
DS263 European 
Communities – 
Measures 
Affecting Imports 
of Wine Argentina On 4 September 2002, Argentina requested 
consultations with the European Communities 
regarding several EC regulations and other 
mandatory provisions on oe nological practices and 
on trade in wine (WT/DS263/1). 2 and 12 
DS233 Argentina – 
Measures 
Affecting the 
Import of 
Pharmaceutical 
Products India On 25 May 2001, India requested consultations with 
Argentina concerning Arge ntina's Law No. 24.766 
and Decree No. 150/92.  (WT/DS233/1). 2 (especially 
2.2),  
5 (especially 
5.1 and 5.2) and 
12 
DS232 Mexico – 
Measures 
Affecting the Chile On 17 May 2001, Chile re quested consultations with 
Mexico in respect of a se ries of Mexican laws and 
regulations which are al leged to constitute 1, 2 and 5 
                                                      
27 Capital-based participants fr om developing country Members attended these wo rkshops with resources from the Global Trust 
Fund;  and, in the case of the labelling learning event, the EC contributed to the funding of the participation of developing c ountry Members. 
28 http://www.wto.org/english/tratop_e/tbt_e/tbt_tech_e.htm. G/TBT/14 
Page 8  
 
 Case 
# Case  
Name Complaint 
By State of Play TBT Articles 
Invoked 
Import of Matches unnecessary barriers to the import of Chilean 
matches (WT/DS232/1). 
DS203 Mexico – 
Measures 
Affecting Trade in 
Live Swine United States On 10 July 2000, the United States requested 
consultations with Mexico in respect of Mexico's 20 
October 1999 definitive anti-dumping measure on 
live swine for slaughter (merchandise classified 
under tariff classification 0103.92.99 of the General Import Law) exported from the United States, 
independently from the country or origin, and 
actions by Mexico in the conduct of the anti-
dumping investigation resulting in that measure 
(WT/DS203/1). 2 and 5 
DS144 United States – 
Certain Measures 
Affecting the 
Import of Cattle, 
Swine and Grain 
from Canada Canada On 25 September 1998, Canada requested 
consultations with the United States in respect of 
certain measures, imposed by the US state of South 
Dakota and other states, prohibiting entry or transit 
to Canadian trucks carrying cattle, swine, and grain. 
(WT/DS144/1).  2, 3, 5 and 7 
DS137 European 
Communities – 
Measures 
Affecting Imports 
of Wood of 
Conifers from 
Canada Canada On 17 June 1998, Cana da requested consultations 
with the European Communities in respect of certain 
measures concerning the importation into the EC 
market of wood of conifers from Canada. The 
measures include, but are not limited to, Council 
Directive 77/93, of 21 December 1976, as amended 
by Commission Directive 92/103/EEC, of 1 
December 1992, and any relevant measures adopted 
by EC Member states affecting imports of wood of 
conifers from Canada into the EC (WT/DS137/1). 2 
DS134 European 
Communities – 
Measures 
Affecting Import 
Duties on Rice India On 28 May 1998, India requested consultations with 
the European Communities in respect of the 
restrictions allegedly introduced by an EC Regulation 
establishing a so-called cumulative recovery system 
(CRS), for determining certain import duties on rice, 
with effect from 1 July 1997 (WT/DS134/1). 2, in particular 
2.1  and 2.2 
DS100 United States – 
Measures 
Affecting Imports 
of Poultry 
Products European 
Communities On 18 August 1997, the European Communities 
requested consultations with the United States in 
respect of a ban on imports of poultry and poultry 
products from the European  Communities by the US 
Department of Agriculture's Food Safety Inspection 
Service, and any related measures (WT/DS100/1). 2 and 5 
DS61 United States – 
Import Prohibition 
of Certain Shrimp 
and Shrimp 
Products Philippines On 25 October 1996,  the Philippines requested 
consultations with the United States in respect of a 
complaint by the Philippines regarding a ban on the 
importation of certain shrimp and shrimp products 
from the Philippines imposed by the United States 
under Section 609 of US Public Law 101-62 
(WT/DS61/1). 2 
DS41 Korea – Measures 
Concerning 
Inspection of 
Agricultural 
Products United States On 24 May 1996, the United States requested 
consultations with Korea concerning testing, 
inspection and other measures required for the 
importation of agricultural products into Korea. 
(WT/DS41/1). 2, 5 and 6 
DS3 Korea – Measures 
Concerning the 
Testing and United States On 6 April 1995, the United States requested 
consultations with Korea involving testing and 
inspection requirements with respect to imports of 5 and 6  G/TBT/14 
 Page 9 
 
 
 Case 
# Case  
Name Complaint 
By State of Play TBT Articles 
Invoked 
Inspection of 
Agricultural 
Products agricultural products into Korea (WT/DS3/1).  (See 
WT/DS41). 
2.   Active panels 
DS174 
DS290 European 
Communities – 
Protection of 
Trademarks and 
Geographical 
Indications for 
Agricultural 
Products and 
Foodstuffs United States 
(DS174) and 
Australia 
(DS290) On 1 June 1999, the United States requested 
consultations with the European Communities in 
respect of the alleged lack of protection of 
trademarks and geographica l indications (GIs) for 
agricultural products and f oodstuffs in the European 
Communities (WT/DS174/1).  
On 4 April 2003, the United St ates sent an additional 
request for consultations concerning the protection 
of trademarks and GIs for agricultural products and 
foodstuffs in the European Communities 
(WT/DS174/1/Add.1). 
On 17 April 2003, Australia requested consultations 
with the European Communities concerning the 
protection of trademarks and to the registration and 
protection of geographical indications for foodstuffs 
and agricultural products in the European 
Communities (WT/DS290/1). 
On 18 August 2003, the United States and Australia 
requested separately the establishment of a panel  
(WT/DS174/20, WT/DS290/18) . At its meeting on 2 
October 2003, the DSB decide d to establish a single 
panel. United States: 
(none) 
Australia:  
2 
DS291 
DS292 
DS293 European 
Communities – 
Measures 
Affecting the 
Approval and 
Marketing of 
Biotech Products United States 
(DS291) 
Canada 
(DS292) and 
Argentina 
(DS293) On 13 May 2003, the United States and Canada 
requested consultations with the European 
Communities concerning certain measures taken by 
the European Communities and its member States 
affecting imports of agri cultural and food imports 
from the United States and Canada (WT/DS291/1, 
WT/DS292/1). On 14 May 2003, Argentina 
requested consultations with the European 
Communities on the same matter (WT/DS293/1). 
On 7 August 2003, the United States, Canada and 
Argentina each requested the establishment of a 
panel (WT/DS291/23, WT/DS292/17, 
WT/DS293/17). At its m eeting on 29 August 2003, 
the DSB decided to establish a single panel. United States:
2 and 5 
Canada:  
2.1, 2.2, 2.8, 5.1 
and 5.2 
Argentina: 
2, 5 and 12 
3.   Mutually Agreed Solutions 
DS231 European 
Communities – 
Trade Description 
of Sardines Peru On 20 March 2001, Peru  requested consultations 
with the European Communities concerning 
Regulation (EEC) 2136/89 which, according to Peru, 
prevents Peruvian exporters from continuing to use 
the trade description "sardines" for their products  
(WT/DS231/1). 
The Appellate Body recommended that the DSB 
request the European Communities to bring the 
EC Regulation, as found to be inconsistent with 2 and 12 G/TBT/14 
Page 10  
 
 Case 
# Case  
Name Complaint 
By State of Play TBT Articles 
Invoked 
Article 2.4 of the TBT Agreement, into conformity 
with EC's obligations under that Agreement.  On 23 
October 2002, the DSB adopted the Appellate Body 
Report and the Panel Report, as modified by the 
Appellate Body Report (WT/DS231/R and 
WT/DS231/AB/R). 
On 19 December 2002, Peru and the EC informed 
the DSB that they had agreed that the reasonable 
period of time for the European Communities to 
implement the recommendations and rulings of the 
DSB, would expire on 23 April 2003 
(WT/DS231/16).  On 14 April 2003, the parties 
informed the DSB that they had reached an 
agreement to extend the reasonable period of time 
until 1 July 2003 (WT/DS231/17).  
On 25 July 2003, the European Communities and 
Peru informed the DSB that they had reached a 
mutually agreed solution pursuant to Article 3.6 of the DSU (WT/DS231/18). 
 
 
V. ANNEXES 
A. LIST OF WTO  MEMBERS AND OBSERVERS  
 
Members29 
 
Albania El Salvador Madagascar Angola Estonia Malawi Antigua and Barbuda Europ ean Communities Malaysia 
Argentina Fiji Maldives 
Armenia Finland Mali Australia Former Yugoslav Rep. of Malta Austria    Macedonia Mauritania Bahrain France Mauritius Barbados Gabon Mexico 
Bangladesh Gambia Moldova 
Belgium Georgia Mongolia Belize Germany Morocco Benin Ghana Mozambique Bolivia  Greece Myanmar 
Botswana Grenada Namibia 
Brazil Guatemala Netherlands Brunei Darussalam Guinea New Zealand Bulgaria Guinea Bissau Nicaragua Burkina Faso Guyana Niger Burundi Haiti Nigeria 
Cameroon Honduras Norway 
                                                     
 
29Members on 31 December 2003.   G/TBT/14 
 Page 11 
 
 
 Canada Hong Kong, China Oman 
Central African Republic Hungary Pakistan Chad Iceland Panama Chile India Papua New Guinea China Indonesia Paraguay 
Chinese Taipei Ireland Peru 
Colombia Israel Philippines Congo Italy  Poland Congo, Democratic Rep. of the Jamaica Portugal Costa Rica Japan Qatar 
Côte d'Ivoire Jordan Romania 
Croatia Kenya Rwanda Cuba Korea, Rep. of Saint Kitts and Nevis Cyprus Kuwait Saint Lucia Czech Republic Kyrgyz Republic Saint Vincent and the Grenadines 
Denmark Latvia Senegal 
Djibouti Lesotho Sierra Leone Dominica Liechtenstein  Singapore Dominican Republic Lithuania Slovak Republic Ecuador Luxembourg Slovenia Egypt Macau, China Solomon Islands 
South Africa Tanzania United Arab Emirates 
Spain Thailand United Kingdom Sri Lanka Togo United States Suriname Trinidad and Tobago Uruguay Swaziland Tunisia Venezuela 
Sweden Turkey Zambia 
Switzerland Uganda Zimbabwe 
  Observer Governments
30 
 
Algeria Ethiopia Sudan 
Andorra Kazakhstan Tonga Azerbaijan Lao Ukraine Bahamas Lebanon Uzbekistan Belarus Nepal Vanuatu 
Bhutan Russian Federation Viet Nam 
Bosnia and Herzegovina Samoa Yemen Cambodia Saudi Arabia  Cape Verde Seychelles  
 
 
 Observer Organizations
 
 
African, Caribbean and Pacific Group of States (ACP)∗  
Asociación Latinoamericana de Integración (ALADI)*  
European Free Trade Association (EFTA) * 
Food and Agricultural Organization (FAO)    
                                                      
30 Observers on 31 December 2003. 
∗ Observer status on an ad hoc  basis  G/TBT/14 
Page 12  
 
 International Electrotechnical Commission (IEC)  
International Monetary Fund (IMF)  International Organization for Standardization (ISO)  International Trade Centre (ITC)  Organization for Economic Co-opera tion and Development (OECD)  
Office International des Epizooties (OIE)  
International Organization for Legal Metrology (OIML)
 * 
United Nations Conference on trade and Development  (UNCTAD)   United Nations Economic Commission for Europe (UN/ECE)  United Nations Industrial Deve lopment Organization (UNIDO)
 * 
World Health Organization (WHO)  
WHO/FAO Codex Alimentarius Commission  The World Bank   
  G/TBT/14 
 Page 13 
 
 
 B. LIST OF WORKING DOCUMENTS AND SPECIAL DOCUMENTS ISSUED DURING THE YEAR 2003 
Document 
Reference Date of Issue Title and Content of Documents Number of 
Pages 
G/TBT/W/193 10 February 2003 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 their Specific Needs in the TBT-Field   
(Note by the Secretariat)  9 
G/TBT/W/194 10 March 2003 A Policy Framework for the Acceptance of 
Results of Conformity Assessment Procedures  
(Submission by Japan) 6 
G/TBT/W/195 12 March 2003 Implementation of Supplier’s Declaration of 
Conformity (Submission by The Separate 
Customs Territory of Taiwan, Penghu, Kinmen 
and Matsu) 6 
G/TBT/W/196 13 March 2003 Main Objectives for the Third Triennial Review 
of the Technical Barriers to Trade Agreement - 
General Concept Paper (Submission by Canada)  4 
G/TBT/W/197 14 March 2003 Third Triennial Review of the TBT Agreement 
(Submission by the European Communities) 4 
G/TBT/W/198 17 March 2003 TBT-Related Technical Assistance and Capacity 
Building  (Submission from Australia) 11 
G/TBT/W/199 17 March 2003 Korea's Experience in the Implementation of the 
WTO/TBT Agreement  (S ubmission by Korea) 3 
G/TBT/W/200 17 March 2003 Korea’s Experience of Technical Assistance in the 
Area of the TBT   (Submission by Korea) 2 
G/TBT/W/201 18 March 2003 Technical Assistance Activities in the TBT Field:  
Japan (as of 11 March 2003)  (Submission by Japan) 4 
G/TBT/W/202 31 March 2003 Canadian Technical Assistance and Cooperation 
Activities in the TBT Field (Submission from 
Canada) 8 
G/TBT/W/203 4 April 2003 Technical Assistance and Capacity Building in the 
TBT Field  (Submission by New Zealand) 5 
G/TBT/W/204 15 April 2003 Communication from Mexico 1 
G/TBT/W/205 19 May 2003 Third Triennial Review of the TBT Agreement  
(Submission by the People's Republic of China) 1 
G/TBT/W/206 19 May 2003 Communication from Mexico 1 
G/TBT/W/207 22 May 2003 Overview of the Existing Databases on TBT-
Related Technical Assistance  (Note by the Secretariat) 5 
G/TBT/W/208 22 May 2003 Registration, Evaluation, Authorisation of  
Chemicals under Article 2.9.1 of the Agreement 
(Communication from the European Communities) 1 
G/TBT/W/209 28 May 2003 Third Triennial Review of the Agreement on 
Technical Barriers to Trade  (Communication 
from Mexico) 5 
G/TBT/W/210 20 June 2003 Canada’s Approach to Voluntary Conformity 
Assessment  (Submission by Canada) 4 
G/TBT/W/211 25 June 2003 Third Triennial Review of the TBT Agreement  
(Submission by New Zealand) 5 G/TBT/14 
Page 14  
 
 Document 
Reference Date of Issue Title and Content of Documents Number of 
Pages 
G/TBT/W/212 27 June 2003 Follow-up to the Workshop on TBT Related 
Technical Assistance  (Communication from 
New Zealand) 3 
G/TBT/W/213 27 June 2003 Contribution to the Third Triennial Review of the 
Agreement on Technical Barriers to Trade.  
Labelling  (Communication from Chile) 3 
G/TBT/W/214 27 June 2003 Third Triennial Review of the TBT Agreement 
Notification Procedures Related to Amended 
Regulations Previously Notified to the WTO – 
Proposal  (Submission from Brazil) 1 
G/TBT/W/215 27 June 2003 Third Triennial Review of the TBT Agreement  
(Submission from Brazil) 6 
G/TBT/W/216 30 June 2003 Follow-up to the Workshop on TBT-Related 
Technical Assistance: Proposal from New 
Zealand for an Information Coordination 
Mechanism  (Submissi on by New Zealand) 2 
G/TBT/W/217 30 June 2003 Conformity Assessment:  A Framework to 
Improve the Application of the TBT Agreement  
(Submission by the European Communities) 3 
G/TBT/W/218 30 June 2003 Supplier's Declaration of Conformity  
(Submission by the European Communities) 4 
G/TBT/W/219 30 June 2003 Recent European Commission Developments in 
the Field of Better Regulation  (Submission by the European Communities) 2 
G/TBT/W/220 30 June 2003 Third Triennial Review of the TBT Agreement  
(Submission by the United States) 4 
G/TBT/W/221 1 July 2003 Overview of Technical Cooperation Activities 
Regarding Metrology, Standardization and Conformity Assessment – Received and Tendered 
by Brazil (1995-2003)  (Submission from Brazil) 10 
G/TBT/W/222 1 July 2003 Third Triennial Review of the TBT Agreement  
(Submission by Japan) 2 
G/TBT/W/223 1 July 2003 The Introduction of Discussions on Good 
Regulatory Practice in APEC  (Submission by Japan) 3 
G/TBT/W/224 7 July 2003 Third Triennial Review:  Conformity Assessment 
and Transparency  (Submission from Egypt) 4 
G/TBT/W/225 14 July 2003 Follow-up of the Workshop on Technical 
Assistance:  Outlines for a Database and Task 
Force to Enhance Delivery of Technical Assistance Activities  (Submission by Egypt) 3 
G/TBT/W/226 29 August 2003 Gradual Introduction of Upper Limits for 
Cadmium in  Phosphate Fertilizers as an Early 
Notice under  Article 2.9.1 of the Agreement  (Communication 
by the European Communities) 1 
G/TBT/W/227 6 October 2003 Transitional Review Mechanism pursuant to 
Paragraph 18 of the Protocol on the Accession of The People's Republic Of China ("China")  
(Submission by the European Communities to the 
TBT Committee) 4 
G/TBT/W/228 
and Corr. 1 15 Oct. and  
23 Dec. 2003 European Community TBT Related Technical 
Assistance to Developing Countries  (Submission from the European Communities) 9 and 6 
  G/TBT/14 
 Page 15 
 
 
 Document 
Reference Date of Issue Title and Content of Documents Number of 
Pages 
G/TBT/W/229 15 October 2003 Transitional Review Mechanism in connection 
with Paragraph 18 of the Protocol on the 
Accession of The People’s Republic of China  
Questions and Comments of Japan  3 
G/TBT/W/230 
and Corr.1 17 and 23 Oct.  
2003 The Third Triennial Review of the TBT 
Agreement  
(Submission by Thailand) 3 and 1 
G/TBT/W/231 20 October 2003 Transitional Review Mechanism pursuant to 
Section 18 of the Protocol on the Accession of  
the People's Republic of  China Questions from 
the United States to China 2 
G/TBT/W/232 21 October 2003 Technical Cooperation and Assistance 
Programme  Management Model  (Submission 
from Brazil) 6 
G/TBT/W/233 20 October 2003 The Third Triennial Review of the TBT 
Agreement 
Proposed Outcome on Technical Assistance  
(Joint Proposal by Canada and New Zealand)  3 
G/TBT/W/234 21 October 2003 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) 3 
G/TBT/W/235 6 November 2003 Annual Transitional Review mandated in 
Paragraph 18 of the Protocol of Accession of the People's Republic of China:  Information required 
in Annex 1A of WT/L/432 (Submission by the 
People's Republic of China) 5 
G/TBT/W/236 11 Nov. 2003 Second Annual Transitional Review mandated in 
Paragraph 18 of the Protocol of Accession of the 
People's Republic of China.  Report (2003) 3 
G/TBT/W/237 13 Nov. 2003 Second Annual Transitional Review mandated in 
Paragraph 18 of the Protocol of Accession of the 
People's Republic of China:  Statement by the Head of Chinese Delegation at the Meeting of the 
Committee on Technical Barriers to 
Trade, 7 November 2003 3 
G/TBT/W/238 5 December 2003 Communication from Mexico 1 
JOB(03)/188 23 Sept. 2003 Compilation of information available to the 
Committee for the preparation of the Third 
Triennial Review of the TBT Agreement  (Non-
paper by the Secretariat) 56 
JOB(03)/200 16 Oct. 2003 Elements available to the Committee for the 
preparation of the Third Triennial Review of the TBT Agreement  (Non-paper  by the Secretariat) 26 
G/TBT/12 and 
Corr.1 21 Feb. and 11 
Mar 2003 Eighth Annual Review of the Implementation and 
Operation of the Agreement  (Background 
Document by the Secretariat) 16 and 1 
G/TBT/13 11 Nov. 2003 Third Triennial Review of the Operation and 
Implementation of the Agreement on Technical 
Barriers to Trade 21 
G/TBT/ENQ/23 8 October 2003 National Enquiry Points (Note by the Secretariat) 40 G/TBT/14 
Page 16  
 
 Document 
Reference Date of Issue Title and Content of Documents Number of 
Pages 
G/TBT/CS/1/Ad
d.7 
 19 February 2003 List of standardizing bodies  that have accepted the 
Code of Good Practice for the preparation, 
adoption and application of standards 2002 (Note 
by the Secretariat – Addendum) 3 
G/TBT/CS/2/Re
v.9 
 19 February 2003 List of  standardizing bodies that have accepted the  
Code of Good Practice for the preparation, 
adoption and application of standards since 1 
January 1995  (Note by the Secretariat  -  Revision) 9 
G/TBT/SPEC/21 18 June 2003 Report (2002) of the Committee on Technical 
Barriers to Trade (Update)   1 
G/TBT/SPEC/22 16 October 2003 Report of the Committee on Technical Barriers to 
Trade (2003) 1 
 
  G/TBT/14 
 Page 17 
 
 
 C. NOTIFICATIONS MADE BY MEMBERS AND BY RELEVANT ARTICLES OF THE AGREEMENT IN 
THE YEAR 2003  AND SINCE THE ENTRY INTO FORCE OF THE AGREEMENT  
 
Number of notifications made under the relevant Articles in 2003 Members Number of 
notifications 
made in 2003 
  
2.9  
2.10  
3.2  
5.6  
5.7  
7.2  
Not 
specified Total 
number of 
notifications 
made since 
1 January 
1995 
Argentina 83 54 0 0 29 0 0 0 205 
Armenia 1 0 0 0 1 0 0 0 1 
Australia 15 11 2 1 1 0 0 0 125 
Austria 0 0 0 0 0 0 0 0 4 
Bahrain 0 0 0 0 0 0 0 0 1 
Barbados 1 1 0 0 0 0 0 0 2 
Belgium 1 1 0 0 1 0 0 0 205 
Benin 0 0 0 0 0 0 0 0 2 
Bolivia 0 0 0 0 0 0 0 0 22 
Botswana 0 0 0 0 0 0 0 0 1 
Brazil 71 48 4 0 20 2 0 0 260 
Brunei 
Darussalam 0 0 0 0 0 0 0 0 1 
Canada 29 24 1 0 9 0 0 0 217 
Chile 3 2 1 0 0 0 0 0 108 
China, 
People's Rep. 
of 28 23 1 0 2 2 0 0 40 
Colombia 25 22 1 0 2 0 0 1 88 
Costa Rica 0 0 0 0 0 0 0 0 14 
Croatia 38 38 0 0 0 0 0 0 38 
Cuba 0 0 0 0 0 0 0 0 5 
Cyprus 0 0 0 0 0 0 0 0 1 
Czech 
Republic 21 21 0 0 0 0 0 0 201 
Denmark 16 15 0 0 0 0 0 1 184 
Dominican 
Republic 22 22 0 0 0 0 0 0 22 
Egypt 0 0 0 0 0 0 0 0 6 
El Salvador 26 25 1 0 0 0 0 0 94 
Estonia 0 0 0 0 0 0 0 0 1 
European 
Communities 21 19 0 0 8 0 0 2 229 
Fiji 0 0 0 0 0 0 0 0 1 
Finland 0 0 0 0 0 0 0 0 32 
France 14 14 0 0 0 0 0 0 94 
Georgia 2 0 0 0 2 0 0 0 2 
Germany 0 0 0 0 0 0 0 0 8 G/TBT/14 
Page 18  
 
 Number of notifications made under the relevant Articles in 2003 Members Number of 
notifications 
made in 2003 
  
2.9  
2.10  
3.2  
5.6  
5.7  
7.2  
Not 
specified Total 
number of 
notifications 
made since 
1 January 
1995 
Grenada 5 5 0 0 0 0 0 0 8 
Guatemala 7 7 0 0 0 0 0 0 17 
Guyana 17 17 0 0 0 0 0 0 17 
Hong Kong, 
China 4 2 0 0 2 0 0 0 47 
Hungary 12 11 0 0 9 0 0 0 17 
Iceland 0 0 0 0 0 0 0 0 2 
India 0 0 0 0 0 0 0 0 54 
Indonesia 9 0 7 0 0 0 0 2 16 
Israel 23 0 0 0 23 0 0 0 86 
Italy 2 0 0 0 2 0 0 0 3 
Jamaica 0 0 0 0 0 0 0 0 30 
Japan 45 42 0 0 8 0 0 0 343 
Jordan 1 0 0 0 1 0 0 0 1 
Korea, 
Republic of 19 19 0 0 2 0 0 0 157 
Kuwait 0 0 0 0 0 0 0 0 6 
Latvia 7 7 0 0 0 0 0 0 29 
Lithuania 1 1 0 0 0 0 0 0 4 
Macau, China 0 0 0 0 0 0 0 0 5 
Malaysia 0 0 0 0 0 0 0 0 164 
Mexico 47 41 2 0 4 0 0 0 271 
Netherlands 4 4 0 0 0 0 0 0 589 
New Zealand 4 3 0 0 0 0 0 0 43 
Nicaragua 22 22 0 0 0 0 0 0 38 
Norway 0 0 0 0 0 0 0 0 59 
Oman 1 0 0 0 1 0 0 0 1 
Panama 0 0 0 0 0 0 0 0 28 
Peru 3 2 0 0 1 0 0 0 6 
Philippines 5 5 0 0 0 0 0 0 89 
Poland 0 0 0 0 0 0 0 0 5 
Saint Lucia 19 18 0 0 1 0 0 0 21 
Senegal 0 0 0 0 0 0 0 0 4 
Singapore 1 0 0 0 1 0 0 0 18 
Slovak 
Republic 2 1 0 0 0 1 0 0 38 
Slovenia 5 5 0 0 0 0 0 0 25 
South Africa 16 16 0 0 0 0 0 0 85 
Spain 5 5 0 0 0 0 0 0 66 
Sri Lanka 0 0 0 0 0 0 0 0 30 
Sweden 9 9 0 0 0 0 0 0 127  G/TBT/14 
 Page 19 
 
 
 Number of notifications made under the relevant Articles in 2003 Members Number of 
notifications 
made in 2003 
  
2.9  
2.10  
3.2  
5.6  
5.7  
7.2  
Not 
specified Total 
number of 
notifications 
made since 
1 January 
1995 
Switzerland 10 10 0 0 0 0 0 0 105 
Thailand 27 27 0 0 0 0 0 0 231 
The Separate 
Customs Territory of 
Taiwan, 
Penghu, Kinmen and 
Matsu 
(Chinese Taipei) 5 5 0 0 1 0 0 0 10 
Trinidad and 
Tobago 2 2 0 0 0 0 0 0 23 
Tunisia 1 1 0 0 0 0 0 0 9 
Turkey 0 0 0 0 0 0 0 0 4 
United 
Kingdom 4 3 1 0 1 0 0 0 28 
United States 26 26 1 0 0 0 0 0 255 
Uruguay 1 1 0 0 0 0 0 0 2 
Venezuela 6 6 0 0 0 0 0 0 30 
TOTAL 794 663 22 1 132 5 0 6 5460 
 G/TBT/14 
Page 20  
 
 D. O
BJECTIVES AND RATIONALES STATED IN NOTIFICATIONS IN 2003 
 
 
Objectives and Rationales 
  
Notifications received in 
2003 
First Objective  
Number of times that the 
objective was mentioned as the 
first, second or third objective 
in the notifications received in 
2003 
 
Consumer Information, Labelling 
 53 93 
Prevention of Dece ptive Practices and 
Consumer Protection. 
 97 126 
Protection of Human Health or Safety 
 329 
 384 
Protection of Animal or Plant Life or Health 
 13 23 
Protection of Environment 
 30 89 
Quality Requirements 
 52 71 
Harmonization 
 51 60 
Adoption of New Domestic Law and 
Technology  101 103 
Lowering or Removal of Trade Barriers 
 2 3 
Trade Facilitation 
 2 4 
Cost Saving and Increasing Productivity 1 1 
Others 
 24 29 
 Not Specified 
 39 0 
Total 
 794 98631 
 
                                                      
31 In 2003, 196 Notifications referred to more than one objective.  G/TBT/14 
 Page 21 
 
 
 E. OBSERVATION OF THE RECOMMENDED COMMENT PERIOD BY MEMBER IN 2003 
 
Number of notifications made with comment period 
Members Less than 45 
days 45-59 days 60 days or 
more Not 
specified, 
lapsed or 
stated as non- 
applicable Of which 
notified 
under 
Articles 2.10 
and 5.7 Total 
Argentina 3 4 0 76 0 83 
Armenia 1 0 0 0 0 1 
Australia 3 4 2 6 2 15 
Barbados 0 1 0 0 0 1 
Belgium 0 0 1 0 0 1 
Brazil 22 12 8 29 6 71 
Canada 2 9 17 1 1 29 
Chile 0 1 1 1 1 3 
China, 
People's Rep. 
of 0 0 25 3 2 28 
Colombia 0 0 23 2 1 25 
Croatia 12 1 0 25 0 38 
Czech 
Republic 7 6 8 0 0 21 
Denmark 4 3 9 0 0 16 
Dominican 
Rep. 0 0 0 22 0 22 
El Salvador 1 0 23 2 1 26 
European 
Communities 2 0 18 1 0 21 
France 1 1 8 4 0 14 
Georgia 0 0 0 2 0 2 
Grenada 0 5 0 0 0 5 
Guatemala 1 5 1 0 0 7 
Guyana 0 0 0 17 0 17 
Hong Kong, 
China 0 2 2 0 0 4 
Hungary 2 0 0 10 0 12 
Indonesia 0 0 9 0 0 9 
Israel 0 0 23 0 0 23 
Italy 0 0 2 0 0 2 
Japan 7 18 20 0 0 45 
Jordan 1 0 0 0 0 1 
Korea, Rep. of 10 8 0 1 0 19 
Latvia 2 2 0 3 0 7 
Lithuania 0 1 0 0 0 1 
Mexico 12 33 0 2 2 47 
Netherlands 1 1 2 0 0 4 
New Zealand 0 0 4 0 0 4 
Nicaragua 0 0 22 0 0 22 
Oman 0 1 0 0 0 1 
Peru 0 0 2 1 0 3 
Philippines 0 2 3 0 0 5 G/TBT/14 
Page 22  
 
 Number of notifications made with comment period 
Members Less than 45 
days 45-59 days 60 days or 
more Not 
specified, 
lapsed or 
stated as non- 
applicable Of which 
notified 
under 
Articles 2.10 
and 5.7 Total 
Saint Lucia 2 0 0 17 0 19 
Singapore 0 0 1 0 0 1 
Slovak 
Republic 0 0 0 2 1 2 
Slovenia 0 0 3 2 0 5 
South Africa 12 3 1 0 0 16 
Spain 1 2 2 0 0 5 
Sweden 0 5 4 0 0 9 
Switzerland 3 1 6 0 0 10 
Thailand 1 0 14 12 0 27 
The Separate 
Customs 
Territory of 
Taiwan, Penghu, 
Kinmen and 
Matsu (Chinese 
Taipei) 1 1 3 0 0 5 
Trinidad and 
Tobago 2 0 0 0 0 2 
Tunisia 1 0 0 0 0 1 
United 
Kingdom 0 1 3 0 0 4 
United States 7 6 12 1 1 26 
Uruguay 0 0 1 0 0 1 
Venezuela 2 0 4 0 0 6 
TOTAL 126 139 287 242 18 794 
 
  
______________