. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/84
9 September 1998
(98-3441)
Committee on Technical Barriers to Trade Original:  English
INFORMATION EXCHANGE IN RELATION TO THE OPERATION AND
IMPLEMENTATION OF NOTIFICATION PROCEDURES
UNDER ARTICLES 2, 3, 5 AND 7
Contribution from Thailand
1. As stipulated in paragraphs 8 and 9 of the First Triennial Review of the Operation and
Implementation of the Agreement on Technical Ba rriers to Trade (G/TBT /5), the TBT Committee
examines the problems faced by developing country Members in the implementation of the provisions
regarding notification obligations and provides technical assistance as appropriate.  The document onhand reflects Thailand's experience with regard to the operation and implementation of notification
procedures under Articles 2 and 5, and will be submitted to the Committee for their consideration.
2. Thailand respects and has every intention to comply fully with the obligations under the
TBT Agreement, including the notification provisio ns.  This is explicitly confirmed in document
G/TBT/2/Add.38 which states that the government has undertaken steps to set up a notification
system to ensure that proposed technical regulations and conformity assessment procedures or
amendments thereto are notified under the Agreement and to assert transparency.
3. The Thai Industrial Standards Institute (TISI), which is a national standards body of Thailand
and a national Member of ISO and IEC, has been designated as the central government authority
responsible for the implementations at national level of the provisions concerning notification
procedures under this Agreement.  In compliance with these provisions, government departments and
regulatory authorities responsible for the implementation and administration of technical regulations,standards and conformity assessment procedures have been informed of their obligations under the
TBT Agreement.  In addition, a National Committee comprising representatives from relevant
organizations has been established for the purpose of ensuring implementation and administration of
the Agreement.
SPECIFIC DIFFICULTIES AND PROBLEMS CONCERNING NOTIFICATIONS
PROCEDURES
4. A number of difficulties and problems were encountered in the implementation of the
notification procedures which eventually may result in an unintentional delay of notification.  The
problems can be summarized as follows:
A. A
MBIGUITIES IN THE TEXT OF THE TBT A GREEMENT
5. The text of the Agreement contains certain ambiguities that need further clarification,
e.g. Article 2.9 provides that:G/TBT/W/84
Page 2
"Whenever a relevant international standard does not exist on the technical content of a
proposed technical regulation is not in accordance with the technical content of relevant
international standards, and if the technical regulation may have a significant effect on trade
of other Members, Members shall:
2.9.1 publish a notice …
2.9.2 notify other members …"
therefore, in those cases where the technical content of a proposed technical regulation is in
accordance with relevant international standards but could, in one way or another, affect trade of other
Members, it is unclear whether the proposed technical regulation should be notified.  And if not, the
transparency objective of the TBT Agreement may not be fulfilled.
B. TIMING OF NOTIFICATION
6. The regulatory bodies have the task of informing the notification authority as soon as the text
of a proposed or amended technical regulation is finalized.  However, it often occurs that by the time
the technical regulation has been notified to the WTO Secretariat, it has already been adopted orentered into force.  When comments are submitted, they are nevertheless taken into account and if
justifiable, amendments can be introduced to those particular regulations.  Thailand is well aware of
this obstacle and various measures are presently being considered to minimize this problem.
C. I
NCONSISTENCY OF WORKING PERIOD OF AGENCIES RELEVANT TO THE NOTIFICATION
PROCEDURES
7. As the 60-day comment period is counted from the day the notification authority announces
the draft regulation to the public, the real time-sp an for comments after circulation under the WTO is
often considerably shorter than the actual 60 days.
D. DOCUMENTATION
8. Difficulties also often arise form the fact that documentation regarding notified technical
regulations, standards and conformity assessment procedures is not always available in one of the
standard WTO working languages, causing further problems of translation.
E. DELIVERY OF DOCUMENTATION WITHIN THE COMMENT PERIOD
9. Relevant documentation is sometimes delivered beyond the deadline of the comment period
and although requests for an extension of comment period are sometimes submitted to the notifying
Member Countries, such postponement cannot be allowed due to legislative constraints.
F. PROPOSALS OR SUGGESTIONS CONCERNING NOTIFICATIONS
• Description of the content of notified technical regulations and conformity assessment procedures
should represent an outline of the contents, allowing consideration by other Members in theabsence of documentation.
• Cooperation and coordination between national enquiry points needs to be strengthened.
• Seminars on the operation and implementation of the TBT Agreement should be held regularly.
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