WORLD TRADE  
ORGANIZATION   
TN/MA/W/46/Add.3 
28 May 2004  
 
(04-2305) 
Negotiating Group on Market Access Original:   Spanish 
   
NON-TARIFF BARRIER NOTIFICATIONS 
 
Addendum 
  I. VENEZUELA  ........................................................................................................................... 2 
  TN/MA/W/46/Add.3 
Page 2 I. VENEZUELA 
 
Maintaining 
participant Products 
affected by the 
barrier Nature of the 
non-tariff barrier Trade effects 
of the non-tariff 
barrier Inventory 
category Relevant WTO 
provisions Treatment 
of the non-tariff 
barrier 
 Canned tuna 
(HS96 1604.14.00) and tuna with other 
preparations 
(HS96 1064.20.00), except chilled or frozen. Embargo (import 
prohibition based on: 
1. Domestic law 
establishing penalties for 
failure to observe domestic 
rules on the protection of marine mammals. 
2. Domestic law 
establishing that tuna and 
by-products must have a 
seal guaranteeing the consumer that the product has been fished under conditions which do not 
involve killing or injuring 
cetaceans. 
These laws also stipulate, in 
order to obtain a certificate to export to that market: 
(a) Technical requirements 
on the way in which the 
fishing is done. 
(b) Financial requirements 
(up-to-date payment of contributions to 
international bodies 
involved in this area).  These requirements have already been met.  After compliance, further requirements were added. The delay in a 
favourable ruling to lift the embargo has prevented exports of 
these products to our 
main export market since 2001. 
 I-D (Restrictive 
practices tolerated by governments). 
 III-B 
(Technical regulations and standards). 
 V-B 
(Embargoes and other restrictions of 
similar effect).  Article 2.2 of the 
Agreement on Technical Barriers to Trade. 
 Article 2.4 of the 
Agreement on Technical Barriers to Trade. 
 GATT Article XI. 
 (According to 
TN/MA/W/35/Rev.1). (c) Non-tariff barrier relating to another part 
of the Doha 
Declaration which currently has no specific negotiating mandate.  The matter 
should be addressed by 
the Committee on Technical Barriers to Trade, although import prohibition would 
appear to be a subject 
for this negotiating group (a).   TN/MA/W/46/Add.3
 Page 3Maintaining 
participant Products 
affected by the 
barrier Nature of the 
non-tariff barrier Trade effects 
of the non-tariff 
barrier Inventory 
category Relevant WTO 
provisions Treatment 
of the non-tariff 
barrier 
 Shrimp, prepared 
or preserved (HS96 1605.20) and in the natural state, not frozen, fresh (HS96 
0306.23.99). Certification required 
regarding the use of " Turtle 
Excluder Devices " (to 
prevent capturing and killing sea turtles) in fishing operations, as a condition for 
exporting shrimp. 
This requirement is based 
on the Inter-American Convention for the Protection and 
Conservation of Sea Turtles.  
This certification is issued through an inspection by government bodies in the 
importing country of the 
proper use and 
incorporation of TEDs on shrimp trawl vessels of each of the exporting countries.  
The latest inspection by the 
government authorities in 
the importing country was 
in November 2002.  It was found that the TEDs were not being used properly and, consequently, 
Venezuelan vessels were 
de-certified.  An embargo (import 
prohibition) entered into force in February 2003 preventing exports to our principal export market of shrimp caught 
by Venezuelan shrimp 
trawl vessels. 
Prior to this 
de-certification, Venezuelan vessels had 
always been certified. 
  III-C 
Testing and certification arrangements. 
 V-B 
(Embargoes and other 
restrictions of 
similar effect).  GATT Article XI. 
 GATT Article XIII. 
 Article 2.2 of the 
Agreement on Technical Barriers to Trade. 
 Article 2.4 of the 
Agreement on Technical Barriers 
to Trade. 
 Article 5.1 of the 
Agreement on Technical Barriers to Trade. (According to 
TN/MA/W/35/Rev.1). (c) Non-tariff barrier relating to another part of the Doha Declaration which 
currently has no 
specific negotiating mandate.  The matter should be addressed by the Committee on 
Technical Barriers to 
Trade, although import prohibition would appear to be a subject for this negotiating 
group (a).  TN/MA/W/46/Add.3 
Page 4 Maintaining 
participant Products 
affected by the 
barrier Nature of the 
non-tariff barrier Trade effects 
of the non-tariff 
barrier Inventory 
category Relevant WTO 
provisions Treatment 
of the non-tariff 
barrier 
 Inner tubes for 
motor vehicles (Tariff No. 4013.10.00). Non-recognition of quality 
certification issued by the Venezuelan certifying body (FONDONORMA), which authorizes the use of the NORVEN official seal of 
quality and is accredited 
with SENCAMER, the government agency responsible for the accreditation of certification 
and inspection bodies and 
testing laboratories. 
The process of applying for 
recognition was initiated in late 1998.  All the technical 
documents requested by the 
authorities of the importing country were despatched by early 1999.  No reply whatsoever has been received to date. Non-reciprocal treat-
ment.  In Venezuela, despite mandatory standards for the same products (COVENIN 2700-90), certificates 
issued by duly 
accredited certifying bodies in the importing country are recognized automatically.  It is 
important to emphasize 
that companies which have been exporting the product in question since 1998, with non-
recognition by the 
authorities of the importing country of the quality certificates issued in Venezuela, have borne additional 
costs in having to pay 
for further tests in laboratories in the importing country for the issue of the 
certificates required to 
enter the latter's market. III-C:  Testing 
and certification arrangements.  Article 2.7. 
 Article 6.1 of the 
Agreement on Technical Barriers to Trade. (According to 
TN/MA/W/35/Rev.1) (c) Non-tariff barrier relating to another part of the Doha Declaration which 
currently has no 
specific negotiating mandate.  The matter should be addressed by the Committee on 
Technical Barriers to 
Trade. 
 Bars and rods 
(Tariff No. 7214.20.00). Additional requirement to 
mark imported rods (not applied to the domestic product) that has no bearing upon improving the quality Increasing the price of 
the product, which undermines its competitiveness. IV-K 
Requirements concerning marking, labelling and packaging.  GATT Article III. 
 Article 2.2 of the 
Agreement on Technical Barriers to Trade. (According to 
TN/MA/W/35/Rev.1) (c) Non-tariff barrier relating to another part of the Doha   TN/MA/W/46/Add.3
 Page 5Maintaining 
participant Products 
affected by the 
barrier Nature of the 
non-tariff barrier Trade effects 
of the non-tariff 
barrier Inventory 
category Relevant WTO 
provisions Treatment 
of the non-tariff 
barrier 
of the product.  This requirement is based on a technical standard establishing an additional requirement to mark, during the rolling process, the 
name or company name of 
the importer of the rods. Declaration which 
currently has no specific negotiating mandate.  The matter should be addressed by the Committee on 
Technical Barriers to 
Trade. 
 Sweet biscuits; 
waffles and wafers 1905.30.00 
Also affects salted 
biscuits. Specific origin requirement: 
flour from participating countries.  Since tariff code 1001.90.20 includes two types of wheat, some 
producers of wheat (but not 
common wheat) import the latter but do not maintain origin for the biscuits they produce; moreover they 
have no common wheat to 
export to non-common-wheat-producing countries for the production of biscuits; whereas countries like Venezuela which produce no 
wheat at all do not have 
origin status for their biscuits. Biscuits produced in the 
non-wheat-producing  countries (in this preferential scheme, in which Venezuela is a 
member) do not have 
originating status and are therefore not covered by the negotiated preferences. II-F (Rules of 
Origin).  (According to 
TN/MA/W/35/Rev.1) (d) Non-tariff barrier with no specific negotiating mandate.  
The negotiating group 
will need to clarify the treatment and decide whether the matter should be referred to 
another WTO body for 
action and submission of a report. 
  
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