WORLD TRADE
ORGANIZATIONTN/MA/W/46
26 November 2003
(03-6282)
Negotiating Group on Market Access
NON -TARIFF BARRIER NOTIFICATIONS
Participants will recall that at the meeting of the Negotiating Group in July, it was agreed that
participants would submit new notifications of non-tariff barriers (NTBs) in order improve or
supplement the information that had already been submitted in the earlier notification exercise.1
Furthermore, in order to improve the responses and analysis, it was agreed that the Secretariat would
send out the format for such notifications, including a new inventory categorisation.
A fax was sent to all delegations on 8 September 2003 which included the format and
inventory categories for the notifications, as well as a reminder to submit the information by31 October 2003.
2
Please find attached the notifications which have been received thus far pursuant to this
exercise.
I. BULGARIA..................................................................................................................... ..........2
II. CROATIA..................................................................................................................... .............4
III. EGYPT...................................................................................................................... .................7
IV. MEXICO...................................................................................................................... ............16
                                                     
1 Information from the initial submissions on NTBs are contained in documents TN/MA/W/25,
TN/MA/W/25/Add.1, and TN/MA/W/25/Add.2.
2 The information on the format and inventory categories is also contained in TN/MA/S/5/Rev.1.TN/MA/W/46
Page 2
I. BULGARIA
Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
Generic Existence of multiple, high value
taxes related to Border CheckPoint (BCP) passingRaises the cost of
transports and goods,creates preconditions forcorruption and incorrect
treatment of transport
operatorsPart I D –
Restrictivepracticestolerated by
governmentsArt.VIII,
paragraph 1 ofGATT 1994
Generic Complicated procedure and
groundlessly high criteria forgranting a visa for long-termbusiness activity stay while
eliminating the same conditions
for certain countriesCreating significant
difficulties and in somecases interdictions forBulgarian export
operatorsPart I D –
Restrictivepracticestolerated by
governmentsArt.VIII,
paragraph 1(c) ofGATT 1994
Generic Recently introduced additional
requirements regarding thesupporting documents forautomatic licenses issue for
imported productsDelay or frustration of
importsPart II H –
Importlicensing
Fish products Issue of a general license for
imports of Black sea fish productsoriginating in Bulgaria is subjectto a list of products drawn up byapproved companies. Unclearlegal grounds, list of products not
available to exportersImports originating in
Bulgaria are hampereddue to the refusal of thecompetent sanitaryauthority to issue licensesPart II H –
ImportlicensingArt.VIII,
paragraph 1(c) ofGATT 1994
Article 1.3 of the
Agreement on
Import Licensing
procedures
Medicines Complicated certification
proceduresHampering the imports /
exports of medicinesPart V. L.
Other SpecificLimitationsArt.VIII,
paragraph 1(c) ofGATT 1994TN/MA/W/46
Page 3Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
Medicines Additional fees and charges for
customs clearance documents.Prolonged check-controlprocedures and demurrage at theborder, even in the case of
availability of all necessary
certificates: 5-6 daysHampering the imports /
exports of medicinesPart II. D.
CustomsFormalitiesandDocumentsArt.VIII,
paragraph 1 ofGATT 1994
Medicines High storage taxes in the areas
under customs controlHampering the imports /
exports of medicines:High storage taxes raiseunreasonably the cost of
imported productsPart V. L.
Other SpecificLimitationsArt.VIII,
paragraph 1 ofGATT 1994
Medicines Complicated procedure of
obtaining approval from thecompetent authorities for salesactivities in a Member countryHampering the imports /
exports of medicinesPart V. L.
Other SpecificLimitationsArt.VIII,
paragraph 1(c) ofGATT 1994TN/MA/W/46
Page 4
II. CROATIA
Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 6 7
3102 10 Urea,
whether or not inaqueous solution
3102 10 10 Urea
containing more than45% by weight ofnitrogen on the dryanhydrous product
3102 10 90 Others
3105 10 Mineral or
chemical fertiliserscontaining two or
three of the fertilising
elements nitrogen,phosphorus andpotassium
3105 20 10 with a
nitrogen content
exceeding 10% byweight on the dryanhydrous product
3105 20 90 OthersAnti – Dumping (AD) measures
Different requirements of Rules of
origin at the similar or verycomparative markets.
Different technical requirements
for the quality of fertilizers at thesimilar or very comparativemarkets.Total or partial loss of
market share with veryweak chances forrecovery.
AD measures or
additional duties imposedon goods withoutpreferential origin to theproducers or exporters.
Erosion of
competitiveness ofCroatian fertilizerscomparing to fertilizers
from other sources that
receive subsidies fromgovernments throughlower energy prices.II A Anti-
dumping duties
II F Rules of
origin
III B Technical
regulations andstandardsAgreement on
Implementationof Article VI ofthe GATT 1994
Agreement on
Rules of Origin
Agreement on
TechnicalBarriers toTradeTN/MA/W/46
Page 5Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 6 7
85173000 Telephonicswitching apparatus
85179082 Electronic
assemblies of
telephonic switching
apparatus
85179088 Electronic
assemblies oftelephonic switching
apparatus -
Mechanical parts
85252091 For
cellular networks
(mobile telephones),
85299040 Parts of
apparatus
85291015 Aerials
85444920 Cables
(not exceeding 80V)
85445920 Cables
(exceeding 80V)
85442000 Coaxial
cable
85444110 Cables
fitted with connectors(not exceeding 80V)
85445110 Cables
fitted with connectors(exceeding 80V)Discriminatory requirements for
the origin of goods
Excessive requirements for the
suitability of equipment
Onerous safety requirements
Onerous and excessive Quality
and quantity control requirements
Requirements for entering the
goods in the country in the
Convoy (for the shipmentsexceeding the value of 150000USD)Import bans imposed due
to the origin of certaincomponents of goods.
Delay in trade, increase
in costs
Unnecessary increase in
costs that impede exports
Delay in trade
Excessive costs and
unnecessary prolongation
of delivery.II F Rules of
origin
II G Customs
formalities
III B Technical
regulations andstandards
III C Testing and
certificationarrangement
IV F
Discriminatory
sourcingAgreement on
Rules of Origin
Agreement on
TechnicalBarriers toTradeTN/MA/W/46
Page 6
Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 6 7
85249910 Disketteswith software
85243910 Compact
Disks with software
85171990 Telephone
sets
85072039 Lead-acid
accumulators
85044020 Static
converters
85049099 Parts
(electronic
assemblies)
84158280 Air-
conditioningmachines
49119900 Other
printed matter
84714990 PC
84716050 Keyboards
84716040 Printers84733090 Parts and
accessories of
automatic data
processing machines
85447000 Optical
cablesTN/MA/W/46
Page 7III. EGYPT
Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
Part(II):  Customs and Administrative Entry Procedures  -   (B) Customs Valuation
Several Products Suspecting the value of the goods
listed in the invoices attached tothe imports. Many exporterscomplain of overestimating the
value of these invoices
consequently  raising the value ofcustom duties.Part II
BAgreement on
Implementationof Article VII ofthe General
agreement on
Tariffs and Trade1994.
Several Products High cost of accreditation of
commercial invoices.
 Not accrediting the commercial
invoices of Egyptian exports. In
addition to over estimating thearbitrary prices for customs
purposes.Part II
BAgreement on
implementationof Article VII ofthe GeneralAgreement onTariffs and Trade
1994
Part(II) : Customs and administrative Entry Procedures  - (G) Customs Formalities:
Several Products Exaggeration in imposing the
custom levies and charges forservices obtained at  ports andairports which are considered  a
burden on the exported products.Part II
GArticle VIII of
GATT 1994 Feesand formalitiesconnected withimportation or
exportation.
Part II : Customs and Administrative Entry Procedures – (H)  Import Licensing
Mineral Products Exports of Mineral products are
subject to quantitative restrictions
and import licensing procedures.Part II
HAgreement on
Import licensing.TN/MA/W/46
Page 8
Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
Raw and processedmarble (included initem 25.15) and
marble and processed
granite (included initem 25.16Requiring the acquisition of an
import license before importingthe mentioned items, which
constitutes a barrier facing
Egyptian  exports.
It should also be noted that
imports of those products are
sometimes not allowed by certaingovernments.Part II
HAgreement on
Import licensing.
Leather Products Leather products are subject to
excessive import Licensingprocedures
Textile products Restrictive governmental
measures on imports of textileproducts:
- Imports of such products
are restricted to thenational factoriesworking in the field of
textiles and clothing , to
manufacture the textileproducts and re-exportthem .Part II
HTN/MA/W/46
Page 9Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
 - Factories importing such
products are required getthe approval of the
relevant authorities to
determine the importedquantity and the timeschedule to re-exportsuch imports after
manufacture.
- Such factories should
report their imports on
monthly basis to avoid
getting their importlicenses cancelled.
These complicated and exhaustive
procedures represent a barrier in
front exports of textiles.
Manufactured goods - Governments, under pressure of
their local industry interestgroups, have applied strictmeasures on the provision of
import licensing .
Following is an example of such
strict measures:
Classifying importers into low
and high risk importers and
accordingly customs officialshave the right to prevent someimporters from importing.Part II
HAgreement on
Import Licensing
procedures.TN/MA/W/46
Page 10
Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
Part(III): Technical Barriers to Trade – (B) Technical regulations and standards
Several Products Requiring Specific  standards
concerning the level of radiationin the imported commodities .Part III
BAgreement on
TechnicalBarriers to Trade
Furniture Imports of wood furniture are
required to be manufactured ofwood   accompanied by a certified
wood certificatePart III
BAgreement on
TechnicalBarriers to Trade
Industrial products Imposing environmental standards
and measures in order to authorizea country to export to the relevantmember  industrial products with
the pretext of  ensuring
environmental protection andavoid industrial pollution.Part III
BAgreement on
Technical
Barriers to Trade
Part(III):Technical Barriers to Trade – (C)  Testing and certification arrangements
Building materials
(Cement  tariff item
25 23 00)
Ceramic (tariff items:
69 07 00,     69 08 00,
Air conditionersUsing conformity Assessment
procedures as a barrier to trade
through:
Applying exhaustive  pre-
inspection  measures at the
national laboratories consuminglarge amounts of time and money.Part III
CAgreement on
Technical
Barriers to TradeTN/MA/W/46
Page 11Maintaining
ParticipantProducts affected by
the barrierNature of the barrier Tr ade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of the
barrier
12 3 4 5 67
Industrial and
Engineering goodsUsing conformity Assessment
procedures as a barrier to trade by
imposing the following:
- Applying exhaustive pre-
inspection measures at
national laboratories,
consuming largeamounts of time andmoney.
- Providing Quality
certificates such as ETSI,CENELEC, IEC, CEN,ISO that are valid for one
year and reneewable on
yearly basis only.
- Examining the
Production Process in thecountry of origin byexperts of the importingcountry, having the
manufacturer (exporter)
pay for travellingexpenses andaccommodation of
experts.Part III
CAgreement on
Technical
Barriers to TradeTN/MA/W/46
Page 12
Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Part(IV) Sanitary and Phytosanitary Measures – (B) SPS measures including chemical residue limits, disease freedom, specified p roduct treatment, etc.
Textile and Leather
goodsImposing restrictions on the
marketing and  use of certainsubstances and preparations
(azocolourants as an example)Part III
BAgreement on
Technical
Barriers to Trade
& Agreement on
Application
Sanitary and
Phyto-sanitarymeasures.
Several Products Requiring Specific  standards
concerning the level of radiationin the imported commodities .Part III
BAgreement on
TechnicalBarriers to Trade.
Part V Specific Limitations: (A): Quantitative Restrictions
Goods used forstrategic purposes
including chemicals,
viruses, andparachutesControlling imports of the stated
products for strategic purposes.Part V
AAgreement on
Import Licensing
Procedures
Several Products Prohibiting imports of some
goods for environmentalpurposes.Part V
A
Several Products Applying restrictions on a list of
goods with the pretext that theyare  “sensitive goods”., Somelists  include a no. of  300 goodsmonitored by the relevant
authority .Part V
AAgreement on
implementationof article VI ofGATT 1994TN/MA/W/46
Page 13Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Part(V): Specific Limitations  - (D) Exchange  Control
Capital goods, such
as washing machines,air, conditioners,
computers,
telecommunications.
Consumption goods
(carpets).
Luxury Products,
such as cigarettes,
cosmetics, jewelleryImposing  regulations on  the
terms of payments for all importtransactions that suppose the use
of foreign currency according to a
specific classification of importedgoods.Part V
D
Leather products Exports of leather products are
obstructed by exchange control
measures.Part V
D
Mineral products Financial Constraints and
exchange control measuresPart V
D
Part(V) Specific Limitations – (K) Requirements  Concerning marking, Labelling and Packaging:
Fish and Fish
productsLabelling restrictions requiring
attaching a card to the product
containing the following detailedinformation:
- The production method- The area from which this
fishes where fishedPart V
KAgreement on
Technical
Barriers to Trade
Agreement on
Sanitary and
PhytosanitarymeasuresTN/MA/W/46
Page 14
Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
- The commercial name of
the fishes not only its
scientific name.
It should be noted that such
requirements  need developed
technological system thatdeveloping countries cannot
afford.
Several Products Applying strict sanitary and
control measures within theframework of Environmentalprotection regulations and
measures. Such regulations have
resulted in increased packaging,marking  and labellingspecifications.Part V
KAgreement on
Technical
Barriers to Trade.
Agreement on the
application ofSanitary andPhytosanitary
measures
Several Products Applying special requirements
concerning regulations and
standards including packaging,
marketing and labellingrequirements.Part V
KAgreement on
Technical;
Barriers to TradeTN/MA/W/46
Page 15Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Leather Products,
Mineral productsEgyptian exports of leather
products and mineral productsface excessive marking, labelling
and packaging requirementsPart V
KAgreement on
TechnicalBarriers to Trade
Agreement on
application ofsanitary andPhytosanitary
measures
Part(V): Specific Limitations – (L) Others
Several products
including Ceramicproducts, Marble,Crystals, Glass,Furniture,
automobilesImports of some “sensitive goods”
are limited to a limited no. ofports             ( sometimes 11 ports
from a total of 215 ports).
Limiting imports to these ports
cause many problems to the
importer .Part V
LTN/MA/W/46
Page 16
IV. MEXICO
Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Textiles and clothing One Member imposes a
significant number of variabletaxes only on imports, therebyaffecting access to textile and
clothing products.These taxes create
uncertainty.
Part V B GATT Art. VIII
Horizontal One Member maintains an importmonitoring mechanism, similar to
an import licensing system, which
affects textile imports and otherimported goods.  The sameMember has a preshipment
inspection system.Additional costs and
delayed imports.Part IV A
Part II GAgreement on
Import LicensingProcedures
Horizontal One Member provides export
incentives which are applied in a
non-transparent manner.Part I A Agreement on
Subsidies andCountervailingMeasures
Textiles One Member maintains a loan
programme for the development
of export markets.These loans reimburse up
to 50 % of certain costs.Part I A Agreement on
Subsidies andCountervailingMeasuresTN/MA/W/46
Page 17Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Horizontal One Member maintains a trade
documentation system forgranting import licences.  Toaccess the system, companiesmust be registered with the
country's government, which
requires that they comply with aseries of conditions, such asminimum capital requirements
and payments for each request.This mechanism is the
only way of determiningwhether a product issubject to an automatic ornon-automatic licence.
Some products, such as
woollen fabrics, aresubject to importlicensing.
Part IV A Agreement on
Import Licensing
Procedures
Horizontal One Member applies reference
prices and carries out preshipment
inspection.Part II Agreement on
CustomsValuation
Agreement on
Preshipment
Inspection
Horizontal One Member uses tariff, tax and
financial incentives to encouragethe production and use ofdomestic inputs for export
products.Part I A Agreement on
Subsidies andCountervailingMeasures
GATT Art. VIII
Horizontal One Member imposes import
duties, which include, inter alia,storage, cargo and maritime
transport taxes.Part V B GATT Art. VIII
Textiles and clothing One Member has labelling
requirements for textile andclothing products so as to verify,
through laboratory tests, whether
dry-cleaning is really necessary.Part IV K Agreement on
Technical Barriersto TradeTN/MA/W/46
Page 18
Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Horizontal One Member applies tax and tariff
incentives for imports ofmachinery and inputs to be used
in the production of export goods.Part I A Agreement on
Subsidies and
Countervailing
Measures
Horizontal Application of minimum prices. Part II Agreement on
CustomsValuation
Horizontal One Member provides export
credit incentives (loans to
exporting companies).Part I A Agreement on
Subsidies andCountervailingMeasures
Textiles and clothing One Member imposes import
quotas on textile and clothingproducts through a visa system.The visas are issued through animport licensing mechanism and
are not granted to foreign
marketing companies, only todomestic producers and exportersof like products.  Importing isallowed with a 70 per cent re-
export clause.Part II G
Part IV AGATT Art. III
GATT Art. XI
Agreement onImport LicensingProcedures
Horizontal One Member allows customs
officers to exercise excessive
discretion when classifying goods.Part II B, G Agreement on
CustomsValuation
Horizontal Use of minimum and reference
prices, rather than transactionprices, for customs valuation
purposes.Part II B Agreement on
CustomsValuationTN/MA/W/46
Page 19Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Horizontal One Member uses tax refunds and
applies production and exportsubsidies.Part I A GATT Art. VIII
Agreement on
Subsidies andCountervailingMeasures
Textiles Export restrictions on textile raw
materials (cotton).Lowers the price of
textile inputs.Part IV G GATT Art. XI
Horizontal One Member maintainsdistribution channels for textileproducts which are monitored byState agencies and dominated by
State companies.Part I E GATT Art. XVII
Horizontal One Member, in addition to the
normal tariff (generally 30 percent), levies an additional specialtax of 4 per cent on the import
value (which already includes
import tax).For textile sector goods,
the tariff actually paidincreases by 35 to 55 per
cent. Part V B, E GATT Art. VIII
Textiles and clothing One Member maintains a ban onimports of textiles and clothing
that contain certain dyes.Testing requirements
increase costs and delay
the release of goods fromcustoms.Part III A Agreement on
Technical Barriers
to Trade
Textiles and clothing One Member has marking and
labelling requirements forimported fabrics which areburdensome and complicated toimplement.  These requirements
do not apply to fabrics of
domestic origin.Part IV K Agreement on
Technical Barriers
to TradeTN/MA/W/46
Page 20
Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Textiles and clothing One Member grants  exemptions
on export profits, tariff incentivesand preferential import licensingschemes, providing they meet
export requirements.Part I A
Part IV AAgreement on
Subsidies and
Countervailing
Measures
Textiles and clothing One Member repeatedly questions
the classification of goodsdestined for testing laboratories
and any subsequent
reclassification under headingswith higher tariffs, includingheadings with specific tariffs.Part II C
Part III CAgreement on
CustomsValuation
Horizontal One Member rejects the declared
value of products, and usesarbitrary values, on adiscretionary basis, for the
calculation of import tariffs (this
calculation may be based on likeproducts that are manufactureddomestically).Part II B Agreement on
CustomsValuation
Textiles and clothing One Member places restrictions
on imports of fabrics by producersand wholesalers.  The provisionstipulates that only companiesequipped to reprocess the
imported fabrics into value-added
products are eligible to receive animport licence.Part IV A GATT Art. VIIITN/MA/W/46
Page 21Maintaining
ParticipantProducts affected
by the barrierNature of the barrier Trade Effects of the
barrierInventory
categoryRelevant WTO
provisionTreatment of
the barrier
12 3 4 5 67
Horizontal One Member grants export
subsidies of up to 80 per cent of
the cost of the merchandise. Forwoollen fabrics, this subsidy is 9per cent.Part I A Agreement on
Subsidies and
Countervailing
Measures
Horizontal One Member provides export
credits up to a limit of 180 days
with coverage of up to 85 per centof credit insurance on capital.Part I A Agreement on
Subsidies andCountervailingMeasures
__________