WORLD TRADE
ORGANIZATIONG/TBT/2/Add.51
12 April 1999
(99-1449)
Committee on Technical Barriers to Trade Original:  Spanish
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT
ON TECHNICAL BARRIERS TO TRADE
Addendum
Communication from Costa Rica
The following statement under Article 15.2 of the Agreement on Technical Barriers to Trade
has been received from the Government of Costa Rica
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In conformity with Article 15.2 of the Agreement on Technical Barriers to Trade, the
Government of Costa Rica wishes to inform the Committee of the measures in existence and taken toensure the implementation and administration of the Agreement.
1. Incorporation of the World Trade Organizat ion's Agreement on Technical Barriers to
Trade
Costa Rica approved the Final Act Embodying the Results of the Uruguay Round of
Multilateral Trade Negotiations under Law No. 7475, which was published in La Gaceta on
26 December 1994 and entered into force on the same date.
2. Legislative, regulatory and administrative measures already existing or adopted for the
application and administration of the Agreement
• Law No. 7473 - Law on the Implementation of the Uruguay Round Agreements and of
the Multilateral Trade Negotiations (Published in La Gaceta,  No. 246 of
27 December 1994):  this Law provides that the Ministry of the Economy, Industry andTrade and the Ministry of Health, within their respective areas of competence, shall be
responsible for carrying out the obligations and exercising the rights relating to technical
standardization and metrology referred to in the Agreement on Technical Barriers to
Trade, included in the aforementioned Final Act.
• Decree No. 24662 - MEIC-S-MAG-MIRENEM-MOPT-PLAN - National Quality System
of  27 September 1995 (Published in La Gaceta  No. 191 of 9 October 1995):  to meet its
obligations under the Agreement, in this Decree the Government of Costa Rica assigned
responsibility for technical regulations, standards, conformity assessment procedures and
metrology.  The Decree establishes the National Quality System, which covers all
interrelated activities carried out at the national level, including voluntary technicalstandardization, technical regulations, accreditation, approval, testing and calibration,
metrology, certification, inspection and control, as well as other support and coordination
activities.  The governing authority and coordinator of the National Quality System is theG/TBT/2/Add.51
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Ministry of the Economy, Industry and Trade, which chairs the National Quality
Commission.  The latter is responsible for drawing up policies, guidelines and
recommendations for the National Quality System.  The National Quality System is
divided into four sub-systems:
(a) The Standardization Sub-system:
(b) The Technical Regulations Sub-system;
(c) Accreditation Sub-system;
(d) The Metrology Sub-system.
The structure and functioning of each of these sub-systems is defined in the Decree.
• The Standardization Sub-System:  Non-regulatory standardization activities at the
national level are the responsibility of the National Standardization Authority (ENN),which provides the framework for the activities of public or private organizations that
have responsibilities in sectors subject to  standardization.  The Decree defines the
objective and purpose of the Authority, the principles according to which it carries out its
standardization activities in Costa Rica and organizational aspects related tostandardization.  The Decree appoints the Costa Rican Technical Standards Institute
(INTECO) as the National Standardization Authority.
• The Technical Regulations Sub-System:  The National Technical Regulation Authority
was set up to administer this sub-system and the National Standards Office (ONNUM)
acts as the Authority's Technical Secretariat.  The Authority comprises representatives ofthe Ministry of the Economy, Industry and Trade, the Ministry of Foreign Trade, the
Ministry of Agriculture and Livestock, the Ministry of Health, the Ministry of Natural
Resources, Energy and Mines, and the Ministry  of Public Works and Transport.  One of
its tasks is to consider and approve technical regulations proposed by a ministry or
decentralized body empowered to draw up technical regulations.  In addition to definingthe structure and functioning of the National Technical Regulation Authority and its
Secretariat, the Decree sets out the procedure for approving and publishing technical
regulations.
• The Accreditation Sub-System:  Accreditation of certification authorities, calibration
laboratories and inspection and control bodies is the responsibility of the National
Accreditation Authority (ENA).  The National Accreditation Authority comprises a
commission composed of one member from the National Standardization Authority
(ENN), one member representing the National Technical Regulation Authority, one
member representing the National Metrological Management Authority, one member
representing each of the various types of public bodies with which the ENA has
cooperation agreements, and specially appointed individual members with scientific and
technical expertise in the sphere of quality.  The task of the ENA is to guarantee andstrengthen the technical capabilities and the reliability of bodies that function within the
framework of the National Quality System.  The major tasks of the ENA are to ensure
that the services provided by the various accredited authorities within the National
Quality System are available, to improve the services supplied by these authorities and to
promote cooperation among the various accredited authorities.  The Decree sets out indetail the rules governing accreditation in Cost a Rica.  It also refers to testing and
calibration laboratories, certification authorities and inspection and control bodies.
• The Metrology Sub-System:  the National Metrological Management Authority (ENM) is
the National Standards Office.  Its role is to make available the templates to permit
calibration and measurement for the purposes of legal and industrial metrology.  TheG/TBT/2/Add.51
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Decree sets out in detail the objective and purpose of the ENM, its metrological
management activities and relevant organizational aspects.
3. Other supplementary national legislation
• Law No 5292 of 9 August 1973 - "Internati onal System of Units" (published in La Gaceta
No. 161 of 29 August 1973):  this Law makes it mandatory to use the International
System of Units and Measures and appoints the National Standards Office as the bodyresponsible for applying the Law.
• Executive Decree No. 4124-MEIC of 16 September 1974 "Regulations of the Law on the
International System of Units" (published in La Gaceta  No. 181 of 25 September 1974).
• Executive Decree No. 3892-MEIC of 18 June 1974 "Functions of the National Standards
Office" (published in La Gaceta  of  18 June 1974):  this Decree defines the functions of
the National Standards Office.  The function s were modified under the Decree on the
National Quality System and the Regulations of the Basic Law of the Ministry of the
Economy.  At present, the functions of the National Standards Office are to act as the
Technical Secretariat of the National Technical Regulation Authority and as the National
Metrological Management Authority in conformity with the Decree on the National
Quality System.
• Regulations of the Basic Law of the Ministry of the Economy, Industry and Trade
(Published in La Gaceta  No. 229 of 1 December 1995):  these Regulations define the
responsibilities of the National Standards Office in relation to chemical and legal
metrology for consumer protection.
• Executive Decree No. 19029-MEIC of 7 June 1989 "NCR 01:1989, Costa Rican
regulations for the preparation and presentation of national standards" (published in La
Gaceta  No. 114 of 15 June):  this Decree sets out the guidelines for preparing, setting out
and presenting national standards and technical regulations.  These national rules are in
conformity with the ISO Guidelines for the presentation of international standards and
technical reports.
• Executive Decree No. 23355-MEIC of 18 May 1994 "NCR Regulations 26:1994,
Metrology, International System of Units (SI). Legal Units of Measurement.CDU 53.081:003.62" (published in La Gaceta  of 10 March 1994):  this Decree lays
down the definitions and methods of use for legal units of measurement.
• Executive Decree No. 22970-MEIC of 20 February 1994 "Recognition of the Costa Rican
Technical Standards Institute (INTECO) as the body for voluntary standardization"
(published in La Gaceta  No. 49 of 10 March 1994):  the Costa Rican Technical
Standards Institute is officially recognized as the body responsible for technical
standardization activities in Costa Rica.  This recognition was reaffirmed in Decree
No. 24662 of the National Quality System.
• Decree No. 22263-MEIC of 3 June 1993 - Approval of standard NCR EN 45020: 1993,
general terms and definitions concerning standardization and related activities.CDU 006.621.3:001.4 (published in La Gaceta  No. 129 of 8 July 1 993):  this sets out the
correct terminology for proper interpretation of the rules on assessment, accreditation and
functioning of certification authorities and testing laboratories.
• Decree No. 22269-MEIC of 7 June 1993, approving the following:  EN 45001:1993,
general criteria for the functioning of testing laboratories; EN 45002:1993, generalG/TBT/2/Add.51
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criteria for assessment of testing laboratories; and EN 45003:1993, general criteria
concerning the authorities responsible for accrediting laboratories (published in
Supplement No. 28 to La Gaceta  No. 134 of 15 July 1993).
• Decree No. 22270-MEIC, approving the follo wing regulations:  EN 45011, general
criteria concerning certification authorities responsible for certifying products; EN 45013,
general criteria concerning certification authorities responsible for certifying personnel;
and EN 45014, general criteria concerning declarations of conformity by suppliers
(published in Supplement No. 28 to La Gaceta  No. 134 of 15 July 1 993).
4. Other aspects concerning the implementation and administration of the Agreement
4.1 Names of publications:  notification that draft technical regulations and conformity
assessment procedures are being drawn up is given in the official journal, La Gaceta .  The text of the
technical regulations and the conformity assessment procedures are also published in this journal.
This is in conformity with paragraphs 9.1 and 11 of Article 2; paragraph 1 of Article 3 (in relation to
paragraphs 9.1 and 11 of Article 2); paragraphs 6.1 and 8 of Article 5; paragraph 1 of Article 8 and
paragraph 2 of Article 9 (in relation to paragraphs 6.1 and 8 of Article 5).
4.2 In order to comply with paragraph J of Anne x 3, the INTECO official review "Quality and
Standards" is used.  In order to meet the requirements of paragraph L of Annex 3, the INTECO
official bulletin called "INTECO AL DIA", or the INTECO official review called "Quality and
Standards" or the official journal La Gaceta  is used.  In order to comply with paragraph O of Annex
3, the standards are published in the INTECO catalogue of national standards, which is available tousers and persons interested at the INTECO Documentation Centre.
4.3 Time-limit for the submission of comments:  a period of 60 days is allowed for the
submission of comments in writing on technical regulations, standards or conformity assessment
procedures, in conformity with paragraphs 9.4 and 10.3 of Article 2; paragraph 1 of Article 3 (inrelation to paragraphs 9.4 and 10.3 of Article 2); paragraph 1 of Article 3 (in relation to
paragraphs 9.4 and 10.3 of Article 5); paragraph 1 of Article 8 and paragraph 2 of Article 9 (in
relation to paragraphs 6.4 and 7.3 of Article 5); and paragraph L of Annex 3 to the Agreement.
4.4 Body responsible for the service or services covered by Articles 10.1 and 10.3 of the
Agreement:
Oficina Nacional de Normas y Unidades de Medida
Ministerio de Economía, Industria y Comercio
Apartado Postal 1736-2050
San Pedro de Montes de Oca
Tel: (506) 2836580
Fax: (506) 2835133
E-mail: metrolog@cnp.go.cr
4.5 Body responsible for implementation of the provisions on notification procedures under
Article 10.10 of the WTO Agreement on Technical Barriers to Trade:G/TBT/2/Add.51
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Dirección de Negociaciones Comerciales Internacionales
Ministerio de Comercio Exterior
Apartado Postal 96 2050
San José
Tel: (506) 2567111
Fax: (506) 2553281
E-mail: info@comex.go.cr
4.6 Measures and provisions to guarantee that the national authorities at a lower level which
prepare new technical regulations or conformity assessment procedures or substantive amendments to
those already existing provide information on their proposals in advance to allow the Member in
question to meet its notification obligations in paragraphs 9 and 10 of Article 2, paragraph 2 ofArticle 3, paragraphs 6 and 7 of Article 5 and paragraph 2 of Article 7 of the Agreement.  Decree
No. 24662 - MEIC-S-MAG-MIRENEM-MOPT-PLAN, which creates the National Quality System,
contains special provisions to meet these obligations.  The Decree clearly sets out the procedure to be
followed by any public body for the approval and publication of technical regulations in Costa Rica.
4.7 The Costa Rican Technical Standards Institute (INTECO) approved the Code of Good
Practice for the Preparation, Adoption and Application of Standards (Annex 3) to the WTO
Agreement on Technical Barriers to Trade on 19 December 1997 (G/TBT/CS/N/88).
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