WTO COMMITTEE ON TECHNICAL BARRIERS TO TRADE
At its informal meeting on 22 January 1999, the Committee requested the Secretariat to
prepare a stock-taking paper of the submissions by delegations (Annex 1) on elements related to the
Work Programme of the First Triennial Review of the Agreement (G/TBT/5) to facilitate discussionsin the Committee.  The present paper aims at highlighting the key points of those submissions without
any intention to summarize nor interpret Members positions on the issues.
This addendum includes submissions made since 4 February 2000.
00-3761RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/SPEC/11/Add.2
25 August 2000
(00-3761)
Committee on Technical Barriers to Trade
SUBMISSIONS BY DELEGATIONS ON ELEMENTS RELATED TO THE WORK
PROGRAMME OF THE FIRST TRIENNIAL REVIEW OF THE AGREEMENT
Stock-taking paper by the Secretariat
Addendum
A. IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT BY MEMBERS
UNDER ARTICLE 15.2
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) –
Note from the European Community
1. In view of the TBT Agreement still not being implemented to a large extent, this proposal
holds that "efforts have to be made to understand the reasons and apply the findings to similarly
situated countries."
2. "Technical measures to improve the functioning and transparent application of the
TBT Agreement, such as ways to support developing countries’ participation in international standardsetting and capacity building to help these coun tries fulfil their TBT obligations, need to be
addressed."
II. BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/140) -
Contribution from Brazil
1. It is held that "some of the definitions included in Annex I of the Agreement … differ from
those stated in ISO/IEC Guide 2 – Standardization and Related Activities – General Vocabulary
(items 3, 4 and 12).  Such discrepancies … either require the redefinition of terms in every newofficial document or give rise to different interpretations.  Additionally, in Annex I, the definitions of
some terms and concepts used in the Agreement – such as accreditation (Art. 6.1.1 and Annex I
paragraph 3 – Explanatory note) – are missing.  Finally, it is necessary to define in some way certain
other correlative concepts such as those related to metrology which, although not figuring explicitly in
the text of the Agreement, should be understood in a common and objective manner in the applicationof the Agreement by Members."
2. It is proposed that "Annex I of the Agreement be altered, incorporating the definitions set out
in the ISO/IEC Guide 2 for the terms therein defined;  to add to Annex I the definitions (in accordance
with the ISO/IEC Guide 2) of other terms used in the Agreement text for a better understanding and inorder to facilitate its application;  and to modify paragraph 1.1 to explicitly mention the
ISO/IEC Guide 2, the International Vocabulary of Basic and General Terms in Metrology and the
Vocabulary of Legal Metrology. "G/TBT/SPEC/11/Add.2
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B. OPERATION AND IMPLEMENTATION OF NOTIFICATION PROCEDURES UNDER
ARTICLES 2, 3, 5 AND 7
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) -Note from the European Community
1. It is stated that an increase in the number of notifications as well as the number of notifying
countries needs to be encouraged.  … "It is essential for Members to notify systematically their
proposals on technical regulations, conformity assessment procedures, and standards according to the
provisions laid down in the Agreement, and that the rules, … clarified in document G/TBT/1/Rev.6,
be observed. … Improvements can and should be made to the operation of the Agreement withoutactually amending it."  The following specific measures are suggested:
(i) "An examination of the draft technical re gulation, standard or conformity assessment
procedure is essential to determine whether it s adoption is likely to create discrimination or
unnecessary obstacles to international trade.  As  Members are obliged to provide on request the
notified proposal, it would be appropriate for the text to automatically accompany the
notification sent to the WTO Secretariat.  E ach interested Member could then obtain these
documents directly from the Secretariat.  The European Community proposes that the
submission of these documents be done electronical ly, whenever possible, in order to avoid an
overload for the WTO Secretariat.
(ii) Except in urgent cases, Members are obliged to allow reasonable time for other
Members to make comments in writing on the notified proposals (Articles 2.9.4 and 5.6.4).  The
Committee has recommended that a period of 60 days be applied in this respect.  It is essential
that the right of Members to make comments is  not rendered meaningless, for example, due to
the late transmission of a notification or due to the need for internal consultation if the
provisions of the Agreement are contravene d.  The European Community therefore proposes
that the period of 60 days should run from the da te on which the notification is published by the
WTO.
(iii) The importance of designating an au thority responsible for the application of
notification procedures and for dealing with comments made by a Member on a proposal is
worth emphasizing, particularly in cases wher e the information point is not empowered to
exercise this responsibility.  The name and address of the competent authority should beindicated either as part of the information refe rred to in Article 15.2 or in the notification form.
If this authority is different from that re sponsible for drawing up the proposal, it should be
indicated in the notification form.
(iv) It is also important to minimize the number  of authorities responsible for the application
of notification procedures by adhering stric tly to the conditions laid down by Article 10.11 of
the Agreement.  If authorities that are well acquainted with the details of applying the
Agreement deal with comments, it will contribute to the adoption of solutions that are mutually
acceptable to the Members.
(v) In order to ensure a common control, and ag ain in the interests of transparency, texts of
adopted legislation should be made available in accordance with Article 2.11 of the Agreement.
(vi) Without making the notification procedure more unwieldy or time consuming, it should
be possible for the Committee to make periodic reviews to assess how well the notification
procedure is working."G/TBT/SPEC/11/Add.2
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II. BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/140) -
Contribution from Brazil
1. It is stated that "the dissemination of internet usage over the last three years facilitates its use
by Members as a mean to access and exchange information.  Accordingly, the WTO might considerthe possibility of creating a portal for that purpose, organizing its databases as required to facilitate the
access to information by Members, therefore strengthening the notification process."
C. ACCEPTANCE, IMPLEMENTATION AND OPERATION OF THE CODE OF GOOD
PRACTICE FOR THE PREPARATION, ADOPTION AND APPLICATION OFSTANDARDS BY STANDARDIZING BODIES
No further submission has been made.
D. INTERNATIONAL STANDARDS, GUIDES AND RECOMMENDATIONS
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) -
Note from the European Community
1. "In order to ensure an effective application of the TBT agreement, it is necessary for
WTO Members to reach a consistent view of international standards.  It is also necessary to clarify the
principles that ought to apply to an international standardization body (ISB).
2. … Greater emphasis should be laid on the use of international standards.  However, in order
to make progress in this field it is first necessary to concentrate on the understanding of international
standards and to agree on the principles that should apply to international standardization bodies.
3. The TBT Agreement and the Code of Good Practice give a privilege to international
standards.  This means that the international sta ndardization bodies have a more important role than
they did before the existence of the TBT Agreement.  In turn this implies that these bodies should beaccountable to a broad range of interests.  The EC believes that a set of principles should be agreed
for ISBs.
4. In order to give concrete form to these principles, it might be useful to draw up a voluntary
code of good practice, or a set of guidelines for international bodies, which might then privilegeinternational standards prepared by these bodies.
5. The proliferation of competing international bodies must be avoided.6. Concerning international standards themselves, the Agreement obliges WTO Member
governments to use international standards as a basis for their legislation where appropriate.  Because
of the privilege that the Agreement gives to international standards, it is essential to identify what they
are. … Properties that characterize an international standard should be agreed.
7. Constraints on developing countries should be taken into consideration in the standards
development process.  The impartiality and openness of any international standardization process
requires that developing countries are able to participate in the process.  Provisions for capacity
building and/or technical assistance are important in this context."G/TBT/SPEC/11/Add.2
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II. SECOND TRIENNIAL REVIEW OF THE AGREEMENT - INTERNATIONAL
STANDARDS (G/TBT/W/139) - Contribution by Australia
1. "There appears to be general agreement amongst Members on the key issues relating to the
development of international standards.  These are:  The need to:
(i) foster transparency of operation, including to ensuring that the views of all members
of standardization organizations are taken into account;
(ii) respond to market requirements including technological developments; and
(iii) develop the capacity of new members of international standardization bodies to
participate effectively in standard setting processes.
International standardization bodies should be invited to consider and respond to these concerns.
2. A particular issue on which Members have deliberated for some time is the question of the
need for guidance or agreement on the definition of an 'international standard'.  International
standardization bodies could be invited to consider an appropriate means of addressing this matter.
3. Arrangements are already in place for observership and exchanges of information between the
Committee and a number of international standardization bodies.  … There may be scope to consider
whether the arrangements are utilized as effectively as possible so as to ensure that the development
of international standards is as responsive as possible to the needs of the trading system.  It may be
possible, for example, to develop mechanisms by which Members' concerns on particular issues can
be formally conveyed to international standardization bodies through the Committee.  It would,however, be expected that Members would ensure that their particular concerns are raised directly
with the relevant international standardization bodies in the first instance.
4. In addition, as well as regular contact such as through Committee meetings, it may be
appropriate for either the Committee or international standardization bodies to convene special
meetings to discuss particular issues.  Considerati on could be given to identifying an indicative list of
priority issues for this purpose.
5. It is particularly important for Members to contribute to the effective operation of
international standardization bodies through their membership of and participation in such bodies.
The detailed points which have emerged from Members' discussions provide a constructive basis onwhich countries may pursue their interests, either individually or collectively, through their
membership of international standards setting bodies."
III. BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/140) -
Contribution from Brazil
1. "Brazil considers that the use of international standards is a factor of major importance for
international trade due to their role as the main harmonization process in the field of standards as well
as a basis for technical regulations.  However, it is necessary to have an objective understanding of the
meaning and characteristics of international standards."  The proposal states that both entities which
elaborate and adopt international standards and the processes of elaboration and adoption of the
standards must be considered.
2. "In consistence with the definitions of … ISO/IEC Guide 2 (item 3.2.1.1), an international
standard is one adopted by an International Standardizing Body.  … A new definition should be
explicitly adopted for International Standardizing Body, in accordance with the same Guide (to beG/TBT/SPEC/11/Add.2
Page 5
included in the revised Annex I):  body engaged in reco gnized activities in the area of standardization
and which is open to the participation of the relevant national bodies of at least all Member Countries
(one per country).  In particular, an International Standards Body is defined as an International
Standardizing Body that, on account of its statutes, has as one of its main functions in the preparation,
approval or adoption of standards which will be available to the public.
3. In order to be recognized, both International Standardizing and Standards Bodies should
guarantee impartiality, openness and transparency in the development of their standardization
activities:  These three principles … are used with the following meaning:
(i) Impartiality :  to perform the activities without discrimination in what concerns the
rights and obligations of Member Countries, so that no individual interest be put above other
interests involved.
(ii) Openness :  participation in the process must be open to at least all Member Countries
through their relevant national bodies without discrimination and under equal conditions.
(iii) Transparency :  information about the establishment of work programmes and their
development should be supplied whenever requested, as well as circulated to at least all
Member Countries with sufficient time to enable  their participation;  access to information
should be without discrimination and at reasonable cost.
4. Furthermore, … the principle of singularity of International Standardizing or Standards
Bodies should be endorsed;  that is, in each area of standardization no more than one of such bodies
should be recognized in order that conflicting standards be avoided.  Naturally, some overlapping of
the activities of these organisms always may occur.  … In these areas of intersection, organisms are to
act jointly or in cooperation … so that for each object of standardization there should be only one
international standard."
E. PREPARATION, ADOPTION AND APPLICATION OF TECHNICAL REGULATIONS
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) –Note from the European Community
1. "Regulatory best practice should be promoted within the framework of the TBT Agreement,
and the Review should be used to assess the feasibility of developing explicit guidelines on best
regulatory practice.  The proposal of the EC would be to limit regulation to the generic requirements,which do not become outdated, compatible with the fulfilment of legitimate public policy objectives,
such as protection of human health or safety and the environment, and to allow manufacturers to use
international standards to demonstrate compliance to these requirements.  As a first step, the essential
elements for such international regulatory best practice should be presented and discussed.  Following
this, sectors or product categories could be indicated where technical regulations could be limited togeneric requirements."
II. BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/140) -
Contribution from Brazil
1. "Efforts should be made to adequate technical regulations to the principles established in
Article 2 of the Agreement, specially in order to facilitate the use of equivalence between technical
regulations as defined in Article 2.7.  The objectives set out in Article 2 can be more easily achieved if
the technical regulations are restricted to essential aspects relating to the legitimate objectives.  TheseG/TBT/SPEC/11/Add.2
Page 6
essential aspects do not inherently depend on technical progress, since in most cases they merely
establish performance requirements.  On the other hand, it would be the goal of the standardizing
activities to find an increasing rationality in the productive, commercial and consumption processes,
with the necessary dynamism to accompany technical progress.  Consequently, the interrelation
between technical regulations and standards becomes a critical consideration."
F. CONFORMITY ASSESSMENT PROCEDURES
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) –
Note from the European Community
1. " The Committee has already … emphasized that conformity assessment activities should be
based on the principles and rules set out in the relevant ISO/IEC standards or guides.  Thisrecommendation should be reconfirmed and reference should where appropriate be widened to any
relevant ISO guide(s) or standard(s).
2. The European Community also proposes that th e Review should also examine the feasibility
to promote regional co-operation on accreditation, for example by promoting the use of multilateralagreement groups (MLAs).
3. … Conformity assessment procedures should not be more onerous or applied more strictly
than is necessary to provide to the importing authorities assurance of compliance of the products to
the applicable technical regulations and/or standards.
4. Members should commit themselves to carrying out an evaluation of the different conformity
assessment procedures available, which most appropriately match the regulatory objectives of the
relevant technical regulation.  The aim of this evaluation is to help choose the least trade-restrictive
procedures for international trade, compatible with the fulfilment of legitimate public policy
objectives, such as the protection of human health or safety and the environment.  In this context,
preference should be given to the use of supplier’s declaration of conformity, taking intoconsideration the particularity of the sector, the re levant product risks, as well as health, consumer
safety and environment issues.  An appropriate legislative framework, including safeguards against
non-compliant or dangerous products must also be put in place.  Market surveillance and product
liability issues should also be considered.  … As a first step, Members of the Committee should
indicate the sectors, or product categories, where supplier’s declaration of conformity is usednationally.
5. The Committee should assess the feasibility of producing a Code of Good Practice on
Conformity Assessment.  This can also assist in the objective of ensuring the technical competence of
conformity assessment bodies through procedures such as accreditation.
6. Technical assistance in the area of conformity assessment should be taken into account as a
tool to support the objective of increased international co-operation in this field."
II. GOOD PRACTICE FOR THE ACCEPTANCE OF RESULTS OF CONFORMITY
ASSESSMENT - SECOND TRIENNIAL REVIEW OF THE AGREEMENT(G/TBT/W/138) - Contribution from Australia
1. " Draft principles are proposed … to ensure good practice for the acceptance of the results of
conformity assessment, which do not impose any additional obligations on Members beyond those
already required by the TBT Agreement.  Rather … they would assist Member governments to ensureG/TBT/SPEC/11/Add.2
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that acceptance of the results of conformity assessment operates consistently with the objectives and
requirements of the TBT Agreement.
2. Member governments should encourage all bodies engaged in acceptance of the results of
conformity assessment to:
(i) Ensure their procedures for the acceptance of the results of conformity assessment are
transparent and non-discriminatory;
(ii) Ensure that procedures for the acceptance of the results of conformity assessment are
applied no less favourably to imported goods than to domestic goods;
(iii) Take account of the specific characteristics of particular sectors in selecting
mechanisms for the acceptance of the results of conformity assessment;
(iv) Ensure greater cooperation to address different mechanisms for acceptance of the
results of conformity assessment which may apply in importing and exporting markets
through:
• the provision of arrangements for consultations aimed at reaching mutually
acceptable arrangements;
• recognition that different standards, regulations and administrative procedures in
different markets can achieve the same outcomes (i.e. equivalence); and
• assessment by accreditation bodies of foreign conformity assessment bodies
against the requirements in the foreign markets (i.e. cross border accreditation ofconformity assessment bodies where accreditation does not exist).
(v) Work towards harmonizing practices and criteria on as wide a basis as possible
through:
• playing a full part, within the limits of their resources, in the preparation of
international standards for testing and certification procedures and criteria; and
• participating in confidence building programmes and proficiency testing
programmes in order to build confidence within all regimes."
3. Attached to the proposal is an indicative (non-exhaustive) list of mechanisms for acceptance
of the results of conformity assessment currently applied in Member countries and explanations of
commonly used terms (conformity assessment, accreditation, laboratory accreditation, accreditation
body).
4. "Member governments and non-government bodies may choose to apply different
mechanisms for acceptance of the results of confor mity assessment across different sectors, and may
also choose to apply more than one mechanism within individual sectors.  In applying these
approaches it may be necessary to take account of variations in standards in different countries and
perceived levels of risk in the acceptance of results."
(i) "Co-operative (voluntary) arrangements between domestic and foreign conformity
assessment bodies;
(ii) Mutual recognition agreements for conformity assessment to specific regulations;G/TBT/SPEC/11/Add.2
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(iii) Government designation;
(iv) Manufacturer’s / Supplier’s declarations;  and(v) Accreditation of bodies carrying out various types of conformity assessment."
III. BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/140) -
Contribution from Brazil
1. "The Agreement should reflect the principle that Members should seek to create conditions
that facilitate mutual recognition agreements or protocols, based on the principle of reciprocity, in the
sense of Article 6 of the Agreement.  Such agreements and protocols could be bilateral or plurilateral(involving more than two countries and/or regional blocks) and could envisage several levels or
systems related to conformity assessment.  They should have as one of their main objectives the
mutual acceptance of the results of conformity assessment procedure adopted by each party.  In this
sense, the adoption of common rules is an extremely important factor in order to make more concrete
progress in the direction of mutual recognition.  However, international standards and guidelinesalready exist to guide procedures on conformity assessment in its different levels.  Thus, all efforts
should be concentrated on the adoption of these international standards and guides."
G. TECHNICAL ASSISTANCE UNDER ARTICLE 11
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) –Note from the European Community
1. It is held that there is "considerable scope to enhance the effectiveness of technical assistance
for developing countries in relation to the TBT Agreement.  The proposal emphasises the importance
of (1) enhancing co-operation between donors, (2) ensuring the full participation of donors in
technical assistance programmes, (3) identifying the specific needs of developing and least developed
countries in this field, and (4) establishing an overall framework for technical assistance.  In addition,
the Community would like to promote the transparency of technical assistance. The TBT Agreementdoes not require the communication by Members of information on their technical assistance
programmes.  Nevertheless, the European Community believes that it would be useful for Members to
make public such information in the application of the TBT Agreement."
II. BRAZILIAN PROPOSALS TO THE SECOND TRIENNIAL REVIEW OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/140) -
Contribution from Brazil
1. It is stated that "a certain confusion persists as to the meanings of technical cooperation and
technical assistance. Technical assistance is particularly important for countries with lower levels ofdevelopment, but not only for these.  However, technical cooperation, as herein considered, refers to
the growing need for mutual knowledge and co operation among the different technical agents
involved in the fields of standardization, metrology and conformity assessment, as a basis for the
establishment and strengthening of mutual understanding and technical confidence necessary to
mutual recognition.
2. Brazil proposes the establishment of a Triennial Cooperation Programme.  This programme
should foresee financial support to be asked from several international sources ready to act in this
field.  It will then be the duty of the Technical Barriers Committee to follow up and evaluate annually
the implementation and results of this programme.  Such a programme may be open to theG/TBT/SPEC/11/Add.2
Page 9
participation of several technical organisms, international and otherwise, which eventually may also
participate in its management."
III. RESULTS OF THE WORKSHOP ON TRADE FACILITATION, REGULATIONS
AND STANDARDS:  THE DEVELOPMENT CHALLENGE IN CENTRAL
AMERICA1 (G/TBT/W/142) - Communication from Panama
The communication identifies the following priority issues to be covered by technical
assistance programmes:
(i) "Technical assistance for institutional capacity-building for standardizing bodies in
the areas of regulation and implementation and standards;
(ii) Technical assistance for the operation of an information system on standardization
and technical regulation for the private and public sector;
(iii) National and regional training on the implementation of the Code of Good Practice;(iv) Training for institutional and human resource capacity-building relating to conformity
assessment and its relationship with product and service quality and technical
regulations;  and
(v) Financing for the participation of developing-country experts in specialized meetings
on the development, preparation and approval of standards in regional andinternational standardizing forums.
H. SPECIAL AND DIFFERENTIAL TREATMENT UNDER ARTICLE 12
No submission has been made.
I. OTHER ELEMENTS
I. SECOND TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION
OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (G/TBT/W/133) -
Note from the European Community
1. This proposal holds that "the provisions on labelling in the TBT Agreement are limited.  At
the same time, labelling has become a trade policy is sue in the application of the TBT Agreement.  It
would be useful to have clearer guidance on the level of product information necessary for the
consumer, since this varies considerably from country to country.  As a possible means to reduce
suspicions and lower the risk of trade restrictive regulation, the Triennial Review should consider the
development of multilateral guidelines on labelling."
                                                     
1 Sponsored by the World Bank with the Support of the Organization of American States held in
Panama City on 27-29 June 2000.G/TBT/SPEC/11/Add.2
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ANNEX 1
Document symbol Date issued Document Title
G/TBT/W/133 11 April 2000 Second Triennial Review of the Operation and
Implementation of the Agreement on Technical
Barriers to Trade – Note from the European
Community
G/TBT/W/138 28 July 2000 Good Practice for the Acceptance of Results of
Conformity Assessment - Second Triennial
Review of the Agreement - Contribution from
Australia
G/TBT/W/139 28 July 2000 Second Triennial Review of the Agreement -
International Standards - Contribution by
Australia
G/TBT/W/140 28 July 2000 Brazilian Proposals to the Second Triennial
Review of the Agreement on Technical Barriers
to Trade - Contribution from Brazil
G/TBT/W/142 4 August 2000 Results of the Workshop on Trade Facilitation,
Regulations and Standards:  The Development
Challenge in Central America - Communication
from Panama
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