RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/140
28 July 2000
(00-3120)
Committee on Technical Barriers to Trade Original:  English
BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE
Contribution from Brazil
I. INTRODUCTION
1. Brazil regards that since 1994, there has been a significant evolution in some of the technical
disciplines included in the Agreement, some aspects of which may be appropriate to be revised at
present.  For the most part, however, the Agreement may be considered up-to-date, and the main
difficulties relate to its full implementation by Members.  Such difficulties are increased by technical
limitations faced by most Members when implementing the provisions of the Agreement.
2. Therefore, Brazil submits the following proposals, recommendations and reflections in the
context of the Second Triennial Revision of the Agreement.
II. TERMS AND CONDITIONS
3. Brazil holds that the definitions included in Annex I of the Agreement are not completely
adequate, in so far as some of them differ from those stated in ISO/IEC Guide 2 – Standardization
and Related Activities – General Vocabulary (items 3, 4 and 12).  Such discrepancies generate
difficulties in the application of the Agreement since they either require the redefinition of terms in
every new official document or give rise to differ ent interpretations.  Additionally, in Annex I, the
definitions of some terms and concepts used in the Agreement – such as accreditation (Art. 6.1.1 and
Annex I paragraph 3 – Explanatory not e) – are missing.  Finally, it is necessary to define in some way
certain other correlative concepts such as those related to metrology which, although not figuring
explicitly in the text of the Agreement, should be understood in a common and objective manner in
the application of the Agreement by Members.
4. Brazil accordingly proposes:
(a) that Annex I of the Agreement be altered, incorporating the definitions set out in the
ISO/IEC Guide 2 for the terms therein defined;
(b) to add to Annex I the definitions (in accordance with the ISO/IEC Guide 2) of other
terms used in the Agreement text for a better understanding and in order to facilitateits application;  and
(c) that paragraph 1.1 be modified to explicitly mention the ISO/IEC Guide 2, the
International Vocabulary of Basic and General Terms in Metrology and the
Vocabulary of Legal Metrology.
III. CONCEPT OF INTERNATIONAL STANDARDS
5. Brazil considers that the use of international standards is a factor of major importance for
international trade due to their role as the main harmonization process in the field of standards as wellG/TBT/W/140
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as a basis for technical regulations.  However, it is necessary to have an objective understanding of the
meaning and characteristics of international standards.   For this purpose, two sets of aspects must be
considered:
• those related to entities which elaborate and adopt these standards;  and
• those related to the processes of elaboration and adoption of the standards.
6. In consistence with the definitions of the referred ISO/IEC Guide 2 (item 3.2.1.1), an
international standard is one adopted by an International Standardizing Body.
7. Brazil considers that a new definition should be explicitly adopted for International
Standardizing Body , in accordance with the same Guide (to be included in the revised Annex I):
body engaged in recognized activities in the area of standardization and which is open to the
participation of the relevant national bodies of at least all Member Countries (one per country).
8. In particular, an International Standards Body is defined as an International Standardizing
Body that, on account of its statutes, has as one of its main functions in the preparation, approval or
adoption of standards which will be available to the public.
9. Furthermore, Brazil considers that in order to be recognized, both International Standardizing
and Standards Bodies should guarantee impartiality, openness and transparency in the development of
their standardization activities.
10. These three principles:  impartiality, openness and transparency are used with the following
meaning:
Impartiality :  to perform the activities without discrimination in what concerns the rights and
obligations of Member Countries, so that no individual interest be put above other interests
involved.
Openness :  participation in the process must be open to at least all Member Countries through
their relevant national bodies without discrimination and under equal conditions.
Transparency :  information about the establishment of work programmes and their
development should be supplied whenever requested, as well as circulated to at least all
Member Countries with sufficient time to enable  their participation;  access to information
should be without discrimination and at reasonable cost.
11. Furthermore, Brazil considers that the principle of singularity of International Standardizing
or Standards Bodies should be endorsed;  that is, in each area of standardization no more than one of
such bodies should be recognized in order that conflicting standards be avoided.
12. Naturally, some overlapping of the activities of these organisms always may occur.
Therefore, Brazil advocates that in these areas of intersection, organisms act jointly or in cooperation.
In other words, efforts should be made so that for each object of standardization there should be only
one international standard.
IV. MODERNIZATION OF TECHNICAL REGULATIONS
13. Brazil considers that efforts should be made to adequate technical regulations to the principles
established in Article 2 of the Agreement, specially in order to facilitate the use of equivalence
between technical regulations as defined in Article 2.7.G/TBT/W/140
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14. The objectives set out in Article 2 can be more easily achieved if the technical regulations are
restricted to essential aspects relating to the legitimate objectives.  These essential aspects do not
inherently depend on technical progress, since in most cases they merely establish performance
requirements.
15. On the other hand, it would be the goal of the standardizing activities to find an increasing
rationality in the productive, commercial and consumption processes, with the necessary dynamism to
accompany technical progress.
16. Consequently, the interrelation between technical regulations and standards becomes a critical
consideration.
V. CONFORMTIY ASSESSMENT
17. Brazil considers that the Agreement should reflect the principle that Members should seek to
create conditions that facilitate mutual recognition agreements or protocols, based on the principle ofreciprocity, in the sense of Article 6 of the Agreement.  Such agreements and protocols could be
bilateral or plurilateral (involving more than two countries and/or regional blocks) and could envisage
several levels or systems related to conformity assessment.  They should have as one of their main
objectives the mutual acceptance of the results of conformity assessment procedure adopted by each
party.
18. In this sense, the adoption of common rules is an extremely important factor in order to make
more concrete progress in the direction of mutual recognition.
19. However, international standards and guidel ines already exist to guide procedures on
conformity assessment in its different levels.  Thus, all efforts should be concentrated on the adoption
of these international standards and guides.
VI. TECHNICAL COOPERATION
20. Brazil considers that the results of technical cooperation fall short of what could be desirable.
21. A certain confusion persists as to the meanings of technical cooperation and technical
assistance.  The latter is, without doubt, highly important and critical for countries with lower levels
of development, and not only for these.  However, technical cooperation, as herein considered, refersto the growing need for mutual knowledge and cooperation among the different technical agents
involved in the fields of standardization, metrology and conformity assessment, as a basis for the
establishment and strengthening of mutual understanding and technical confidence necessary to
mutual recognition.
22. Brazil proposes the establishment of a Triennial Cooperation Programme.  This programme
should foresee financial support to be asked from several international sources ready to act in this
field.  It will then be the duty of the Technical Barriers Committee to follow up and evaluate annuallythe implementation and results of this programme.
23. Such a programme may be open to the participation of several technical organisms,
international and otherwise, which eventually may also participate in its management.
VII. ACCESS TO INFORMATION
24. Brazil considers that the dissemination of internet usage over the last three years facilitates its
use by Members as a mean to access and exchange information.G/TBT/W/140
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25. Accordingly, the WTO might consider the possibility of creating a portal for that purpose,
organizing its databases as required to facilitate the access to information by Members, therefore
strengthening the notification process.
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