RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/118
14 September 1999
(99-3771)
Committee on Technical Barriers to Trade Original:  English
CODE OF GOOD PRACTICE FOR THE ACCREDITATION
OF CONFORMITY ASSESSMENT BODIES
Contribution from Australia
I. INTRODUCTION
1. The globalization of industry has resulted in a tremendous increase in the trade of goods and
services across national borders.  One problem still faced by international traders has been the lack of
acceptance by importing authorities of tests undertaken by foreign conformity assessment bodies.
This problem has been exacerbated by the explosion of technological advancement that has occurredsince the second world war.  The level of technical requirements and specifications associated with
many goods and services are causing major log jams for domestic regulatory agencies.
2. The Committee on Technical Barriers to Trade ack nowledged this developing situation in the
TBT Agreement and sought to offer a solution to Members to alleviate this problem.  Article 6  of the
Agreement requires that:
“Members shall ensure, whenever possible, that results of conformity assessment procedures
in other Members are accept, even when those procedures differ from their own, provided
they are satisfied those procedures offer an assu rance of conformity with applicable technical
regulations or standards equivalent to their own procedures”.
3. Conformity assessment procedures have historically been undertaken by testing and
certification agencies linked to governments.  As budgetary pressures have forced governments to
redefine their role, the private sector is increasingly undertaking a number of these services on a userpays basis.  This is particularly so in the case of laboratory testing and certification of products and
quality management systems, where a global accreditation network is evolving that will enable the
results of these services to be recognized around the world.  How has this been made possible?
Though the process of accreditation.
4. The accreditation of conformity assessment bodies to internationally recognized standards
provides the necessary confidence to the authorities of importing countries, that foreign conformity
assessment bodies have the necessary technical competence to undertake tests for which they are
accredited.  Equity and transparency of procedures are other areas that importing authorities need
have confidence in when accepting test reports and certificates from foreign conformity assessment
bodies.  Adopting a system based on an agreed code of good practice for accrediting conformityassessment bodies is one approach to underpinning these principles.
5. In adopting a code of good practice for accreditation of conformity assessment, accreditation
bodies around the world make use of internationally recognized standards and guides which address
the issues of competence, equity and transparency.  These standards and guides form the basis by
which accreditation bodies operate and by participating in peer assessment programs ensure there is ahigh degree of uniformity functioning around the world.G/TBT/W/118
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6. The adoption of a code of good practice for accreditation of conformity assessment bodies
enables the establishment of mutual recognit ion agreements (MRA), also encouraged in Article 6  of
the TBT Agreement.  Mutual recognition arrangements  are intended to reduce the level of duplicative
testing and certification that currently occurs for exports going to multiple economies.  At present,
many countries still require foreign products and services to be tested locally even where standardsand conformance requirements are equivalent and regulatory regimes similar.  These policies
unnecessarily increase costs and time delays for manufacturers seeking to enter those markets.  For
products with a relatively short market life, for example high technology products, the additional time
delays associated with multiple product tests can severely impact on consumer’s access to new
products.
7. In addition to reducing the cost burden on industry and consumers, mutual recognition
arrangements can reduce the burden on regulatory agencies as the need for re-testing orre-certification of imported products is reduced.  Also, the adoption of international standards and
guides for conformity assessment will lead to a more competitive delivery of conformity assessment
services across national borders, resulting in lower regulatory compliance costs for industry.  Lower
compliance costs should facilitate an increase in trade between Members, there-by offering consumers
a greater variety of goods and services resulting from a cost-efficient and competitive environment.This new global trading environment, should over time, raise the standard of living in
WTO Members.
II. DRAFT CODE OF GOOD PRACTICE FOR THE ACCREDITATION OF
CONFORMITY ASSESSEMENT BODIES
GENERAL PROVISIONS
A. For the purposes of this Code, the definitions in Annex 1 of this Agreement shall apply.
B. This Code is a voluntary code applicable to those Members of the WTO who use accreditation
of conformity assessment bodies as part of their regulatory regime or as a voluntary process.
C. This Code is open to acceptance by any accreditation body within the territory of a Member of
the WTO, whether a central government body, a local government body, or a non-governmental
body; to any governmental regional accreditation body one or more members of which are
Members of the WTO, and to any non-governmental regional accreditation body one or more
members of which are situated within the territory of a Member of the WTO (referred to in this
Code collectively as ‘accreditation bodies’ and individually as ‘accreditation body’).
D. Accreditation bodies that have accepted or withdrawn from this Code shall notify this fact to
the [Committee on Technical Barriers to Trade] in Geneva.  The notification shall include thename and address of the body concerned and its current and expected accreditation activities.
The notification may be sent either directly to the [Committee on Technical Barriers to Trade],
or through the central government body of the WTO Member in whose territory the
accreditation body is situated.
SUBSTANTIVE PROVISIONS
E. Where accreditation bodies accept applications for accreditation from applicants situated or
registered in the territory of any other Member of the WTO, they shall accord treatment no less
favourable than that accorded to like applicatio ns from national applicants, and to applications
from applicants in any other country.G/TBT/W/118
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F. Accreditation bodies shall ensure that accreditation procedures are not prepared, adopted or
applied with the view to, or with the effect of, creating unnecessary obstacles to international
trade.
G. Accreditation of conformity assessment practices should be based on international standards
and guides including, but not limited to:
ISO/IEC Guide 61 or 58 or ISO/IEC TR 17010 for accreditation bodies;  and
ISO/IEC Guide 25, 62, 65, 66 or ISO/IEC 17025 for accredited bodies,
as amended from time to time.
H. With a view to harmonizing conformity assessment practices and criteria on as wide a basis as
possible, the accreditation body shall, in an appropriate way, play a full part, within the limits
of its resources, in the preparation by relevant international standardizing bodies ofinternational standards for accreditation procedures and criteria.  For accreditation bodies
within the territory of a Member of the WTO, participation in a particular international
standardization activity shall, whenever possible, take place through one delegation
representing all accreditation bodies in the territory that have adopted, or expect to adopt,
standards for the subject matter to which the international standardization activity relates.
I. Accreditation bodies should take steps to ensure that all conformity assessment bodies
accredited by them:
(i) prepare, adopt and apply conformity assessment procedures which grant access for
suppliers of like products originating in the territories of other Members under conditions
no less favorable than those accorded to suppliers of like products of national origin ororiginating in any other country, in a comparable situation;
(ii) do not prepare, adopt or apply conformity assessment procedures with a view to or with
the effect of creating unnecessary obstacles to international trade;
(iii) undertake and complete conformity assessment procedures as expeditiously as possible
and in a no less favorable order for products originating in the territories of otherMembers than for like domestic products;
(iv) communicate the anticipated processing period to any applicants on request; when
receiving an application, the conformity assessment body promptly examines the
completeness of the documentation and informs the applicant in a precise and complete
manner of all deficiencies; the conformity assessment body transmits as soon as possible
the results of the assessment in a precise and complete manner to the applicant so that
corrective action may be taken if necessary; even when the application has deficiencies,the conformity assessment body proceeds as far as practicable with the conformity
assessment if the applicant so requests; and that, upon request, the applicant is informed
of the stage of the procedure, with any delay being explained;
(v) limit their information requirements to what is necessary to assess conformity or
competency and determine fees;
(vi) impose fees for assessing the conformity of products, processes or services originating in
the territories of other Members that are equitable in relation to any fees chargeable for
assessing the conformity of like products, processes or services of national origin or
originating in any other country, taking into account communication, transportation and
other costs arising from differences between location of facilities of the applicant and theconformity assessment body;
(vii) have a procedure to review complaints concerning the operation of a conformity
assessment body and to take corrective action when a complaint is justified.G/TBT/W/118
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J. On the request of any interested party with in the territory of a Member of the WTO,
accreditation bodies shall publish, or make available, a list of the conformity assessment bodies
accredited by them.  The list should include the names of the accredited conformity assessment
bodies, their contact details and the scope of their accreditations. Any fees charged for this
service shall, apart from the real cost of delivery, be the same for foreign and domestic parties.
K. Accreditation bodies in the territory of a WTO Member are encouraged to enter into mutual
recognition arrangements with accreditation bodie s in the territory of any other Member of the
WTO for the results of conformity assessment activities undertaken by accredited conformity
assessment bodies in either territory.
It is recognized that prior consultations may be necessary to arrive at a satisfactory
understanding of:
(i) each other’s criteria and practices to ensure the technical competence and reliability of
accredited conformity assessment bodies; and
(ii) any limitations of the acceptance of accredited conformity assessment results within
either territory.
L. In regard to establishing the confidence in the technical competence of the conformity
assessment bodies accredited by them, accreditation bodies are encouraged to participate in
confidence building programs organized or recognized by the relevant regional or international
body.
III. EXPLANATORY PAPER
General Provisions of Code
8. (A,B,C,D)  The general provisions states that this Code is open to all government and non-
government bodies of WTO Members on a voluntary basis.  It is important to include the non-
government bodies as many WTO Members utilise private sector bodies to underpin their regulatorysystem.  This Code is only applicable to WTO Memb ers who currently, or intend to in the future, use
accreditation of conformity assessment bodies as part of their regulatory regime.
9. As the Code is voluntary in nature, WTO Members are able to adopt or withdraw from it at
any time.  This will enable WTO Members to sign  on to the Code, if and when their own technical
infrastructure is ready.
Substantive Provisions10. (E) Accreditation bodies from one WTO Member should apply the WTO principle of national
treatment to conformity assessment bodies of other WTO Members.
11. (F,G)  Accreditation bodies should be encouraged  to adopt uniform internationally recognized
procedures that will allow the timely acceptance of test reports and certification procedures to
facilitate trade across national borders.
12. (H) Accreditation bodies should be encouraged to participate in the development of standards
related to conformity assessment procedures.  This will enable WTO Members to have their views
considered while standards are being formulated and have a greater understanding of their application
when published.G/TBT/W/118
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13. (I) For WTO Members to have confidence in the operation of  conformity assessment bodies,
there must be relative uniformity, equity and tr ansparency in the process for determining their
technical competence.  This section aims to set uniform parameters and guidelines for the
accreditation of conformity assessment bodies in keeping with Article 5  of the TBT Agreement.
14. (J) To ensure equity and transparency, WTO Members should have access to the list of
conformity assessment bodies which have been accredited by an accrediting body.  Unnecessary costs
or lengthy time delays in providing relevant information undermines the confidence in the
accreditation process.  This section facilitates equal access to information for foreign and domestic
parties alike.
15. (K) A key objective for the new Code is to establish a uniform set of procedures that
encourages the formation of bilateral and multilateral mutual recognition agreements.  This will
enable test results and/or certification marks supplied by accredited conformity assessment bodies tobe accepted across national borders, thereby facilitating freer and fairer trade.
16. (L) In order to build confidence amongst accreditation bodies it is essential for them to
participate in peer review activities.  Peer review establishes the benchmark through which
accreditation bodies are able to acknowledge each others credentials.
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