RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/99
17 November 1998
(98-4588)
Committee on Technical Barriers to Trade Original:  English
NATIONAL EXPERIENCES WITH STANDARDS AND TECHNICAL REGULATIONS
Contribution by Australia
This paper has been produced by Australia agencies responsible for standards preparation and
development in response to the invitation to provide WTO Members with an insight into national
experience of setting standards and technical regulations.  Paragraphs 14 (the concept of equivalency
in relation to voluntary standards) and 24 (approach to technical regulations) of the Report of the First
Triennial Review of the Operation and Implementation of the Agreement on Technical Barriers toTrade (G/TBT/5 of 19 November 1997) invited WTO Members to provide details of their approach to
the process of technical regulation.
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1. Australia has had continuous experience of multilateral activities on technical barriers to trade
having been a signatory of the "Standards Code" - the predecessor to the WTO Agreement on
Technical Barriers to Trade - which was an outcome of the Tokyo Round.
2. Australia has developed an internationally recognized set of standards. The development of
these standards has been the product of Australia's size and geography, its  economic development
and a range of other domestic factors.  According to circumstances Australia has:  taken the best ofoverseas standards and applied or adapted them, developed its own standards where there was a
clearly demonstrated need because of our special geographic or climatic conditions;  and taken
account of specific industrial or infrastructure developments  and more recently of the Closer
Economic Relationship we enjoy with New Zealand.
3. Many Australian standards are an amalgam of others, recognizing that the development of
standards is the product of investment in research and development.  The needs of multinational
companies operating in Australia or countries which are the destination for our exports have been
another factor.  This has meant that standards have been developed in response to the need of
Australian companies to meet the standards of others rather than a desire to develop a local standard
for its own sake.
4. Australia's interests have been best served by ensuring that we are able to influence standards
and to have a capacity to develop standards in such a way that they have the flexibility to respond to
specific national circumstances, as dictated by the market and provided for by international standards
bodies.  This level of flexibility has always been a feature of economic activity in Australia and has
the advantage especially in the long term  it reinforcing national efforts to attain world's best practice.
5. Australia has developed four principal standards setting agencies.  These are: the Australia
and New Zealand Food Authority (ANZFA); the National Accred itation and Testing Authority
(NATA); the Federal Office of Road Safety (FORS); and Standards Australia.G/TBT/W/99
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I. AUSTRALIA'S FOOD STANDARDS
6. The Australian Food Standards Code has been  the subject of continuos review since 1994.
This review was prompted by, and underscores, the need to:
− ensure that Australia's food standards meet the obligations of the WTO agreements;
− ensure to the greatest extent possible that food standards are not more restrictive than
prevailing relevant international standards;  and
− make national standards increasingly performance- based.
7. These elements have been given greater importance since the Agreement between Australia
and New Zealand signed on 5 December 1996 to esta blish a system for the development of joint food
standards to operate concurrently in both countries.  The Agreement goes beyond the requirement
under Article 2.7 of the TBT Agreement to give positive consideration to accepting as equivalent
technical regulations of other Members.  In accordance with Article 10.7, this Agreement was notifiedunder G/TBT/10.7/N/15.
8. The objectives of the Review and development of joint standards include:
− reducing the level of prescriptiveness of standards to facilitate innovation by allowing wider
permission for the use of ingredients and additives, but with consideration of the possibleincreased need for consumer information;
− developing standards which are easier to understand and making amendments more
straightforward;
− replacing standards which regulate individual foods with standards that apply across all foods
or a range of foods;
− considering the possibility of industry codes of practice as an alternative to regulation; and
− facilitating harmonization of food standards between Australia and New Zealand.
9. Since signing the Agreement, Australia has lodged a number of specific TBT notifications
concerning proposals for  reviewing food-related standards.
10. Each of  these proposals has welcomed the provision of public comments, and the comment
and review processes have operated as useful vehicl es to educate industry, government agencies and
the general public about the direction Australia has been taking in seeking to align its national foodstandards with prevailing relevant international standards to the greatest extent possible.
II. AUSTRALIAN MOTOR VEHICLE STANDARDS
11. National standards in the motor vehicle industry  have been under increasing scrutiny.  The
Federal Office of Road Safety has recently initiated a review of the Australian Design Rules (ADRs),
with a view to facilitating trade and improving ef ficiency through closer harmonization with standards
developed by UN-ECE concerning regulations for mo tor vehicles and parts.  Australian experience
demonstrates the increasing awareness among local regulators of the importance of using international
standards for setting national standards.
A. T
RANS -TASMAN MUTUAL RECOGNITION ARRANGEMENT
12. Under the Trans-Tasman Mutual Recognition Arrangement (TTMRA) Australia and New
Zealand have embarked on a cooperation program aimed, where appropriate, at harmonizing
Australian and New Zealand standards with United Nations Economic Commission for Europe
(UN/ECE) standards, which Australia and New Zealand have agreed to use as a base, or thoseG/TBT/W/99
Page 3
national or regional standards that are agreed by the Parties, and at developing consistent conformance
assessment and certification requirements in both countries.
13. Twelve Single Issue Working Groups comprized of representatives from the governments  of
Australia and New Zealand together with the State and Territory governments, and  industry and road
users groups are performing the technical work reviewing the relevant automotive regulations foralignment with international standards.   These groups are:  Buses, Heavy Vehicles, Traction,
Occupant Protection,Anti-theft, Structures, Vision, Miscellaneous, Motorcycles, Vehicle Categories,
Compliance and Certification.  The Single Issue Working Group on Lighting has completed its work.
14. Australia and New Zealand have agreed to develop a consistent automotive conformity
assessment and certification system.  This is being progressed within one of the Single Issue Working
Groups.
15. Work commenced on the regulations for vehicle lighting equipment in January 1997 and a
package of 19 draft regulations together with a draft Regulatory Impact Statement was sent out for
public comment towards the end of 1997.  It is expected that this package will be implemented early
in 1999. Work on the other regulations is progressing at a steady pace and the expected completion
date for the cooperation program is in 2000 by which time the regulations will be implemented in
Australia under the Motor Vehicle Standards Act 1989 and in New Zealand under the Land TransportAct.
B. C
ONSIDERATION OF ACCESSION TO THE UN/ECE 1958 A GREEMENT
16. Australia considers the 1958 Agreement "concerning the adoption of uniform conditions of
approval and reciprocal recognition of approval fo r motor vehicle equipment and parts" is of treaty
status.  As such there is an established process for consideration and consultation with all stakeholdersincluding State and Territory governments before any decision can be reached.
17. The review will recommend whether Australia accedes to the 1958 Agreement and if so,
advise on the strategy and procedures to facilitate accession.  The review to consider accession to the
1958 Agreement was completed in 1998 and the recommendations will be considered by relevant
stakeholders for possible accession to the agreement in 1999.
III. NATIONAL ASSOCIATION OF TESTING AUTHORITIES, AUSTRALIA (NATA)
18. Australia  has substantial experience in the utilization of voluntary sector organizations by
regulatory bodies both for establishing standards and for undertaking much of the conformance work.
One good example of this is found in the activities of the National Association of Testing Authorities,
Australia (NATA) and its relationships with regulatory authorities across a wide technical spectrum
and at various levels of government.
19. NATA was established in 1946 to promote c ooperation between governments, industry,
commerce and academia to provide a network of laboratories of demonstrated competence to meet all
of the testing and measurement needs of the community.  It is incorporated as a non-profit company
with a  Council and Board of directors broadly representative of laboratories and their clients.
20. NATA was the world's first national comprehensive laboratory accreditation system and has
provided the model for the development of similar systems now found throughout the world.G/TBT/W/99
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A. USE OF ACCREDITATION BY REGULATORS AND PURCHASING AUTHORITIES
21. NATA was created by government initiative to facilitate government purchasing.  It was
based on the development of trust and confidence in a system where privately and publicly owned
enterprises work together.  Its fundamental premise is that standards of technical competence,
commitment and integrity do not vary between private and government laboratories and that a singletest was more economically efficient than duplication.  The same principle could be applied to testing
for regulatory purposes.
22. With the exception of the areas of pharmaceuticals and medical devices (which are covered
under the responsibilities of the Therapeutic Goods  Administration (TGA)), almost all regulated
sectors of the Australian economy which involve technical testing or measurement require such
testing to be undertaken in accredited laboratories or a recognized equivalent. There are more than 50
Acts and regulations at Commonwealth and State level which reference NATA accreditation in thiscontext.  There may be some variation in the application of policy but all laboratories must
demonstrate technical competence.
B. R
ECOGNITION OF FOREIGN TEST DATA
23. Historically, Australian regulators have tended to accept overseas data from "reputable"
laboratories. In recent years, however, with the advent of mutual recognition agreements (MRAs)between accreditation bodies, there has been a shift towards recognizing only laboratories that have
been accreditated by an organization with which NATA has such an agreement.
24. Australia thus pioneered the widespread use of MRAs in the voluntary sector for regulatory
purposes.  Where evidence is available, it suggests that the policy is effective but not without some
technical problems associated with the application of different standards or different interpretations ofcommon standards.  Accreditation bodies have the responsibility to resolve issues of interpretation but
the acceptance of the standard itself is a matter for the regulator.
IV. STANDARDS AUSTRALIA
25. Australia's peak non-Government standards preparation agency, Standards Australia,
publishes some 6,000 standards covering a wide scope of products, technologies, tests and codes ofpractice.  While these are voluntarily developed, some 2,000 are referenced in part or wholly in
legislation or regulation in both State and Federal jurisdictions.  Compliance in these circumstances is
therefore mandatory.  Similarly where they are used in performance based codes such as the Building
Code of Australia (BCA) compliance becomes mandatory for the standard to which reference is made.
26. Standards Australia  has notified adherence to the Code of Good Practice. The organization
has a positive, proactive policy of adoption of international standards wherever possible and has been
and continues to be an active participant in work to develop international standards especially in theISO and the IEC.  Some 30%+ of Australian Standards are directly  adopted from, or are
modifications of, ISO or IEC standards.
27. Combined with a process of continual review, Australian standards will be progressively
replaced with international standards where they are developed and applicable. There remains a
significant proportion (approximately 25%) of Australian Standards for which there is no internationalequivalent or international work.  Wool for example has been an sectof of particular economic
importance to Australia where the standards have been developed and in some cases recognized
internationally.  Some of Australia building codes have had to be developed to take account of
specific geographical and climatic conditions in Australia.G/TBT/W/99
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28. As one of the small/medium developed country participants in the multilateral trading system
Australian institutions and agencies recognise the commercial and trade value of participating in the
development of and adoption of international standards.   Australia's standards and conformance
infrastructure actively promotes their development and adoption and use by the major `blocs'.
29. The development of an agreed multilateral processes for negotiating international standards
would address some of the key concerns which Australia has about the current development of
regional standards through "bloc" support/application.  For example, once a regional standard is
developed, adopted and legislated there is through that process a significant 'bloc' of countries which
are attached to that standard.  It can be of concern that the countries involved may subsequently be
reluctant to enter into further international negotiations towards a standard on the same products.
30. Making more/better use of work which has already been done and making such work more
inclusive from the outset are alternatives which could be examined by those organizations which arelooking at the development of international standards.
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