WORLD TRADE
ORGANIZATIONG/TBT/W/229
15 October 2003
(03-5459)
Committee on Technical Barriers to Trade Original:  English
TRANSITIONAL REVIEW MECHANISM IN CONNECTION WITH PARAGRAPH 18 OF
THE PROTOCOL ON THE ACCESSION OF THE PEOPLE’S REPUBLIC OF CHINA
Questions and Comments of Japan
1. Japan welcomes that, in the second year after accession, implementation by China of its
commitments on TBT has progressed and is entering into a cruising phase.  It appreciates efforts byChina for developing and improving necessary regulatory framework and smoothly implementing
phase-in commitments.  In a transitional period of evolving regulations, the importance of regulatory
transparency, predictability, stability and consistency is paramount; the value of TBT commitments
and the efforts to implement them could be easily clouded out by a shortness of such elements either
in regulations themselves or in their application.  The transitional review mechanism could be usefulfor making those transitional efforts more efficient and productive, and it is a pleasure for Japan to
contribute to this process.
2. In this context, China is further invited to take  necessary steps to ensure regular and effective
application of public comments procedures, well-in-advance of publication of laws and regulations,
avoidance of abrupt regulatory change, clear-demarcation of departmental responsibilities,improvement in inter-departmental and central-provincial coordination and consistency etc..
3. In accordance with Paragraph 18 of the Protocol on the Accession of the People’s Republic of
China, which states that “China shall provide releva nt information to each subsidiary body in advance
of the review” and in the spirit of cooperation to render the TRM process most efficient and effective,
Japan requests China to provide in advance of the meeting of the Committee on TBT responses and
relevant information to the following questions and comments.G/TBT/W/229
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JAPAN’S QUESTIONS ON THE REGISTRATION OF INITIAL IMPORTS OF
CHEMICAL PRODUCTS
I. BACKGROUND
4. In paragraph 196(a) of the report of the Working Party, China has committed to enact and
implement, within one year after its accession, a new law and relevant regulations regarding
assessment and control of chemicals for the protection of the 　environment, in which complete
national treatment and full consistency with international practices will be ensured.  In paragraph
196(a), China has also committed to ensure that chemicals listed in the “inventory chemicals”
annexed to the above new law and its regulations will be exempted from a registration obligation and
that a unified assessment procedure will be established for domestic and imported products under thenew law and its regulations.
5. To establish a new system, China drafted and published an initial version of Import and
Export Registration Regulations of Dangerous Chemicals in September 2002, and an initial version of
Provisions on the Environmental Administration of New Chemical Substances in December 2002 to
collect tentative comments from interested parties in  and outside of China.  After that, we recognize
that the final version of the draft of Import and Export Registration Regulations of Dangerous
Chemicals has not yet been published.  On the other hand, it has been announced that Provisions on
the Environmental Administration of New Chemical Substances was issued on 12 September and will
enter into force on 15 October 2003, without the WTO notification.  The detailed administrative rules
which are indispensable to implement these laws have not yet been published.
6. With Provisions on the Environmental Administration of New Chemical Substances, the
following problems still remain:
- the accurate inventory of existing chemicals has not been completed;
- the definitions and exemptions provided in the provisions are not clear;
- regarding the eco-toxicological data of new chemical substances, foreign data of the tests 
which are generally conducted in many countries will not be accepted.  (It is required in 
Article 8 that biological tests be performe d in China with China’s test organisms);
- the transition period between the publication and the entry into force is insufficient.
II. QUESTIONS AND REQUESTS
7. With regard to Provisions on the Environmental Administration of New Chemical
Substances, which was promulgated on 12 September 2003, we recognize the WTO notification hasnot been submitted.  We request China to explain the reason for that.
8. Provisions on the Environmental Administration of New Chemical Substances have a
provision that the eco-toxicological data of new chemical substances shall include those obtained
through biological tests performed in China by the application of China’s test organisms.  We request
the explanation of the reason why China will not accept data obtained by reliable laboratories in othercountries, including Japan, which conduct the same tests as those in China.
9. In addition, we would like China to indicate a detailed time schedule, including the time for
the compilation of the accurate inventory of existing chemicals, the establishment of detailed
administrative rules, and the time for the Chinese authority to start receiving the notification under
this law.G/TBT/W/229
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10. With regard to Import and Export Registration Regulations of Dangerous Chemicals, what
progress has been made in the consideration of the comments from interested parties on the draft?  We
would like to ask China to make revised draft based on the comments as soon as possible and take
necessary procedures, including WTO notification.
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