G/TBT/GEN/352  
 
12 April 2023 
(23-2611) Page: 1/6 
Committee on Technical Barriers to Trade    
 
THEMATIC SESSION ON REGULATORY COOPERATION BETWEEN MEMBERS  
ON CLIMATE CHANGE  
7 MARCH  2023, 15:00-18:00 
Moderator's Report1 
At the Ninth Triennial Review, Members agreed to continue to hold thematic sessions in conjunction 
with the TBT Committee's regular meetings from 2022 to 2024 to further deepen the exchange of 
experiences on specific topics. On this basis, the Committee ag reed to hold a thematic session on 
regulatory cooperation between Members on climate change .2 The first part of the session focused 
on international cooperation and the role of the TBT Committee . The second part focused on 
experience sharing and good prac tices. Information about the speakers, presentations, and related 
materials is available on the WTO website.3  
 
1  INTRODUCTORY REMARKS BY THE MODERATOR  
1.1.  Climate change is an area of heightened international activity, with new ideas permeating 
through policym aking around the world. The UNFCCC commitments are taking concrete shape and 
will translate to policy and legislative changes in many spheres in the times to come.  
1.2.  From the WTO relevance standpoint, two data points  are worth highlighting . First, 92 Members  
submitted at least 2322 climate change -related notifications to the TBT Committee since 1995. The 
notified measures mostly dealt with energy efficiency labelling for manufactured goods and the 
promotion of clean energy and emission standards for vehicles.  Second, WTO Members made 
reference to climate change -related issues and notifications in 88 Specific Trade Concerns ( STCs) 
between 1995 and 2022. The vast majority of these STCs were linked to energy efficiency labelling 
as well as energy efficiency and G HG emission standards.  
2  INTERNATIONAL COOPERATION AND THE ROLE OF THE TBT COMMITTEE  
2.1  Guiding questions  
• What role should the TBT Committee play in enhancing international cooperation to promote 
effective and trade facilitating regulations and standards related to trade and climate 
change?  
• How can international cooperation within the TBT Committee contribute to the adoption of 
technical regulations related to trade and climate change that support Members' 
commitments under multilateral environme nt agreements?  
 
2.2  Interventions  
2.1.  Ms Göksu Tülümen (Türkiye)4 presented the work of the Trade and Environmental 
Sustainability Structured Discussions (TESSD) in the area of trade -related climate measures. In this 
area, Members explore how trade-related climat e measures can best contribute to climate goals in 
 
1 Mr Aashish Chandorkar  (India). This Report is provided on the Moderator's own responsibility.  
2 G/TBT/46 . 
3 WTO | Thematic session on regulatory cooperation between members (Climate Change) .  
4 Commercial Counsellor, Permanent Mission of Türkiye  to the WTO; co -facilitator of the Working Group 
on Trade -related Climate Measures  of the Trade and Environmental Sustainability Structured Discussions.  G/TBT/GEN/352  
 
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  a WTO -consistent manner. It was noted, in scope of the discussions that took place in 2022 ,5 that 
the proliferation of different standards, labelling and recognition requirements could increase the 
cost f or companies, particularly Micro, Small and Medium Enterprises (MSMEs). In this context, 
Members participating in TESSD have highlighted the importance of the TBT Committee and the TBT 
Committee's Six Principles for the Development of International Standar ds, Guides and 
Recommendations. At the same time, she noted that TESSD participants have recognized that 
Members should formulate domestic standards in light of their national circumstances and actively 
promote mutual recognition of carbon accounting stand ards. 
2.2.  Ms Tülümen added that TESSD participants acknowledge the resource and expertise constraints 
of developing countries and the challenges that MSMEs might face in quantifying their carbon 
emissions and meeting an increasing number of different regulator y requirements in export markets. 
Against this background, Members participating in TESSD decided to further explore, from a sectoral 
perspective, different forms of carbon measurement standards and measures taken to reduce carbon 
emissions.  
2.3.  Mr Louis Merc ier (United Kingdom)6 presented research undertaken by the United Kingdom 
assessing the impact of TBT measures on trade in environmental goods and services. While technical 
regulations play a vital role in pursuing environmental goals, they can also create trade barriers if 
they are not designed and implemented with reference to international standards and WTO rules. 
He highlighted that trade and climate policymakers , regulators and standard -setting bodies could 
work together to develop mutually benef icial solutions for more sustainable trade.  
2.4.  Mr Mercier explained that the UK research demonstrated that there are multiple incidences of 
regulatory duplications and divergence, and even similar technical requirements seeking to meet the 
same objectives but  implemented differently across jurisdictions can negatively impact trade in 
environmental goods. For example, producers and exporters of static converters, a key component 
in photovoltaic energy systems, are subject to over 30 different requirements on pr oduct quality and 
performance, certification and labelling. In addition, he noted that such fragmentation of technical 
requirements may divert trade away from developing economies. In turn, collaboration between 
economies could make it easier for exporters  to meet complex requirements and foster new trading 
links, particularly with developing countries. In this context, he underscored the United Kingdom's 
readiness to explore how the impact of TBTs on developing economies can be reduced, including 
through g reater technical assistance and capacity building. He invited Members to explore how to 
reduce the impact of TBTs through increased regulatory cooperation, standard -setting and 
harmonization of technical requirements.  
2.5.  Mr Alistair Mackinnon  (IEC)7 presente d the work of the IEC system in the area of renewable 
energy applications (IECRE) focusing on international standards development and conformity 
assessment. He noted that IEC develops standards and conducts conformity assessment in this area. 
Standards wor k is led by the Standardization Management Board and conformity assessment work 
is led by the Conformity Assessment Board. Due to neutrality principle there is a clear separation of 
work between the work related to standards -setting and the work on conform ity assessment. He 
also noted that IEC counts with a number of technical committees working on renewable energy 
applications with a large technical diversity. For example, the technical committee responsible for 
wind energy generation systems (TC88) works on matters covering design, testing, plant design and 
plant operations. The IEC system on renewable energy applications is a member -driven organization 
based on consensus, which is open to technologies from across the world and large and small 
companies. H e underscored that there is a significant market opportunity in scaling up the use of 
renewable energy by leveraging the work of IECRE and a global supply chain that allows countries 
to participate at every stage of the product cycle.  
2.6.  Mr Li Pengcheng (Chin a)8 described China's experience with implementing energy efficiency 
standards and labelling schemes. He noted that energy efficiency standards and labelling are key 
pillars of climate change policies in many countries as more than 100 countries use manda tory 
minimum energy efficiency performance standards and/or energy labels for the most common 
appliances. China's framework of energy efficiency standards comprises: (i) minimum energy 
 
5 TESSD Summary Report  2022,  INF/TE/SSD/R/14 .  
6 Head of Multilateral Green Trade Policy, Department of Business and Trade.  
7 Chair, International Electrotechnical Commission – Renewable Energy (IECRE).  
8 Research Fellow, China National Institute of Standardization.  G/TBT/GEN/352  
 
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  performance requirements that phase out inefficient products; (ii) ener gy efficiency grades that 
support mandatory energy labelling programme; and (iii) energy efficiency evaluating index that is 
used in voluntary certification schemes.  
2.7.  Mr Li Pengcheng identified the following key elements that contribute to success of such 
measures: (i) commitment of leadership; (ii) strong legal obligations; (iii) comprehensive 
implementation framework; and (iv) alignment with international standards.  He also stressed the 
importance of enhancing policy alignment; building capacity for the d evelopment and 
implementation of such measures; and collaborating with relevant international organizations.  
3  EXPERIENCE SHARING AND GOOD PRACTICES  
3.1  Guiding questions  
• What are the key challenges Members face when adopting and implementing technical 
regulations in the area of trade and climate change?   
• How can developing countries be supported further in order to increase their participation in 
the development of, and conformance to, international standards related to trade and 
climate change?  
• How can  government bodies help the private sector, including producers and innovators, 
build their capacity to understand trade and climate change standards?  
 
3.2  Interventions  
3.1.  Mr Michele Galatola  (European Union)9 presented the European Union's new Digital Product 
Passport (DPP), a policy tool introduced by the Ecodesign for Sustainable Products Regulation (ESPR) 
that was adopted by the European Commission in March 2022. The DPP seeks to increase the 
sustainability  and circularity of products placed on the EU market, while also strengthening the 
enforcement of existing legislation and assisting European customs and market surveillance 
authorities. Under the ESPR, products placed on the EU market will have to comply with: (i) certain 
performance requirements, such as technical requirements and thresholds; and (ii) information 
requirements on the specific environment or technical characteristics. While discussions are still 
ongoing on the specific products that will be  covered by this new regulation, the DPP may apply 
equally to different product groups, as different areas of concern and technical requirements may 
be assessed for each product group. Accordingly, the DPP might set product requirements in areas 
such as du rability and reparability; the presence of substances of concern; energy efficiency; 
resource efficiency; recyclability, expected waste generation or environmental impacts including 
carbon footprint.  
3.2.  Mr Galatola emphasised that the aim of the DPP would be to include all product information 
relevant to supply chain actors and other stakeholders including legislators and consumers. The DPP 
will have several layers of information disclosure, granting access to different sets of information to 
different stakeho lders. Regarding the logistical aspects of data collection and storage, he noted that, 
while all DPPs would work using the same IT infrastructure, the system would not be using a 
centralized database to store data.  
3.3.  Mr Junwen Guan  (China)10 spoke about Chin a's Green Product Certification and Labelling 
System, which was adopted in November 2016 with a view to establishing a unified standard, 
certification and labelling system for green products. Based on the whole life cycle concept, China's 
system examines i n each stage of the product life cycle a number of aspects, such as low resource 
and energy consumption, low pollutant emissions, low toxicity and low harm, easy recycling and 
reuse, health and safety, and high quality. In designing this system, China cons idered the 
green/eco -related compliance assessment systems of a number of countries, regions and 
organizations, such as "Blue Angel" of Germany, the Eco -label of European Union, and the Global 
Environmental Labelling Network (GEN). At present, the green pr oducts system has resulted in 90 
types of products included in the scope of the green product certification, more than 20,000 unified 
green product certificates issued and more than 2,000 certified enterprises. He noted that, in terms 
 
9 Senior Policy Officer, DG GROW, Unit "Green and circular economy ", European Commission.  
10 Section Chief, Divisio n of Industrial Products of the Department of Certification, State Administration 
for Market Regulation.  G/TBT/GEN/352  
 
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  of next steps, China will focus on: (i) accelerating the construction of a unified green product 
certification and labelling system; (ii) promoting the acceptance of green product certification results 
and strengthen the supervision and regulation on green product certificatio n activities; and 
(iii) promoting international cooperation and mutual recognition on green and ecological products.  
3.4.  Ms Shamini Harrington11 and Dr Storm Potts12 (South Africa) spoke about some of the 
regulatory challenges in relation to South Africa's efforts to meet its net -zero goals. Ms Harrington 
affirmed South Africa's commitment to its nationally determined contributions under the Paris 
Agreement but also un derscored the importance of the principle of common but differentiated 
responsibilities and respective capabilities (CBDR -RC) under the United Nations Framework 
Convention on Climate Change. Some economies, including South Africa, would have to follow 
different decarbonization trajectories, while still aiming for the same common goal. The international 
community can play an important role in the decarbonization journey of developing economies by 
providing financial and non -financial support. In this regard,  Ms Harrington stressed the need to 
develop standards and regulations that will not reduce South Africa's market access opportunities. 
For example, South Africa could become a global leader in green hydrogen production, having both 
solar and wind endowment s, Platinum Group Metals (needed for producing green hydrogen) and 
access to Fischer Tropsch facilities and Intellectual Property. However, affordability and regulatory 
developments in key potential export markets are a critical challenge to developing thi s industry. In 
this context, she also indicated that the Just Energy Transition Partnership (JETP) established at 
COP26 is helping to fund South Africa's green hydrogen efforts and that access to markets needs to 
be considered as a non -financial support th rough, for example, transitionary dispensations for low 
carbon products produced from developing economies.  
3.5.  Dr Storm Potts elaborated on some of the issues South Africa is facing in its energy transition, 
including lack of local incentives and certain regu latory developments in potential export markets. 
South Africa has expertise in a type of technology (called Fischer Tropsch (FT)), which could be used 
to produce sustainable aviation fuels and chemicals. The business case for the uptake of this 
technology requires using a "flexible allocation" method that maximizes sustainable product 
volumes. However, she noted that the regulatory system of the European Union, which is an 
important potential export market for South Africa, does not allow for this method to  be used. This 
poses a problem for South Africa's decarbonization strategy. Dr Potts thus called for the acceptance 
of the use of the "flexible allocation" related to sustainable inputs. In addition, Dr Potts raised a 
concern around the implications for So uth Africa related to meeting the EU requirements for 
accounting and paying a carbon price for CO2 feedstock for sustainable aviation fuel production. 
Unlike EU requirements, South African GHG reporting, and carbon tax systems only cater for 
emissions that  are actually emitted. This difference in requirements create GHG accounting 
complexities that could be a barrier to South Africa's participation in the EU market, with potential 
implications for achieving NDC commitments.13 
3.6.  Ms Alexa Burr  (United States)14 presented the work of the American Petroleum Institute (API) 
in developing standards related to low -carbon technologies and addressing climate change for 
natural gas and oil industry. She noted that API helps to drive climate action through development 
of standards that can be used to build necessary infrastructure to deliver lower -carbon energy 
products. API currently focuses its low -carbon research and standards development on areas such 
as hydrogen technologies, methane and flaring, refining energy effi ciency, new energy vehicles and 
differentiated natural gas. In addition, API established the Climate Action Framework to explore 
which policies ensure energy delivery and emissions reductions.  
3.7.  In addition, Ms Burr noted that international participation in  the standards development process 
is essential to reduce unnecessary duplication and divergences. In this context, she noted that API 
coordinates its work with many national standard -setting bodies in the new low -carbon technology 
areas. She also highligh ted that increased international standardization and trade will help to deliver 
new energy products to markets quicker and reduce emissions from existing operations.  
 
11 Chair, Environment Committee, Business Unity South Africa  (BUSA).  
12 Climate Policy Expert, BUSA.  
13 The Moderator notes that, during the regular meeting of the Committee that followed this thematic 
session, the European Union made a statement addressing the presentation by South Africa's speakers.  
14 Vice President, Standards & Segment Services Global Industry Services, American Petroleum In stitute.   G/TBT/GEN/352  
 
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  3.8.  Ms Kala Pendakur  (Canada)15 spoke about the experience of the Standards Council of Canada 
(SCC) in advancing climate action through standards. The SCC has a number of important activities 
in this area, including coordinating standardization activities in Canada, accrediting standard s 
development organizations  and conformity assessment bodies, approving national standards, 
advising federal and provincial governments, supporting strategic priorities of industry and 
governments, and representing Canada in international and regional foru ms. She underscored the 
importance of supporting MSMEs through standardization. This allows MS MEs, including clean 
technology innovators, to create new markets, drive innovation and improve productivity, and 
influence marketplace rules. She underscored tha t government support from MSMEs to understand 
and navigate through the standardization system is increasingly being sought. An expansion, and 
market uptake, of cleantech activity will contribute to clean growth and the transition to a low -carbon 
economy . By way of example, she noted that the SCC assisted  an innovator  in updating a national 
standard with the addition of a new annex to allow for their process that sequesters carbon dioxide 
into concrete as it is mixed .  
3.9.  Ms Pendakur also noted that the SCC is partner ed with BSI in the context of the Our 2050 
World Initiative to contribute to the development of the ISO Net -Zero Guiding Principles aiming to 
provide a common reference for collective efforts to harmonize, understand, and plan efforts to 
achieve net -zero emissions by state, regional, city and organizational actors. She ended her 
presentation by noting that common  and aligned regulatory approaches are important, including 
through the use of relevant international standards. In order to break down trad e barriers in this 
area, the SCC also supports international cooperation to enhance transparency in standards and 
mutual recognition of conformity assessment.  
4  COMMENT BY THE MODERATOR  
4.1.  The thematic session on regulatory cooperation between Members on climate change  had nine 
speakers. The Secretariat put great effort in coordination and design of the session and it was a 
pleasure working with the team handling this thematic session. I would like to thank all speakers 
and the organizing individuals of the Secr etariat for their stellar contribution and commitment.  
4.2.  I would also like to congratulate Mr David Jankowski  who moderated the first thematic session 
on regulatory cooperation on p lastic regulation . His job of working with fourteen speakers  was 
tougher than  my own and I commend him for his contribution.  
4.3.  I would like to share with you a number of key takeaway points from the thematic session:  
• Regulatory measures are increasingly used in Members' efforts to tackle climate change. 
Such measures, however, can create trade barriers if not designed and implemented with 
reference to international standards and WTO rules. Most speakers underscored the  need 
for the government and the private sector to work in a more coordinated fashion.  
• In particular, regulatory divergence and fragmentation can discourage efforts to move 
towards net -zero economy. We heard an example that wind turbine components are 
subject to more than 400 different regulatory requirements around the world. In practice, 
this means that exporters will need to navigate through all these different regulations to 
ensure that they can export to all importing countries.  
• It was encouraging to hear about the initiatives from U nited Kingdom  to bring the 
international environment law and international trade closer. If trade has to play an active 
role in supporting the larger environmental goals, achieving such cohesion will be critical.  
• It is impo rtant to maintain global regulatory cooperation and increase harmonization of 
technical requirements based on international standards. This can help to  reduce 
duplication and divergences in regulatory measures and eventually promote more trade in 
products and technologies needed to address climate change. In this regard, speakers 
 
15 Manager, Infrastructure and Climate Change, Programs and Operations, Strategy and Stakeholder 
Engagement, Standards Council of Canada.  G/TBT/GEN/352  
 
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  highlighted the important role of the TBT Committee and the TBT Committee's Six 
Principles for the Development of International Standards, Guides and Recommendations.  
• In this cont ext, it was also useful to hear about the important work of the International 
Electrotechnical Commission and the American Petroleum Institute in developing 
standards that underpin the development and dissemination of renewable energy products 
and new low -carbon technologies that can help to drive climate action.  
• We also discussed that it is crucial to ensure the effective participation of developing 
countries in international standard -setting process in order to develop standards that 
reflect the wide variety of needs and conditions in Members across the world. In this 
context, the importance of providing additional support to developing countries was 
underscored.  
• We also learned about the work undertaken in the context of the TESSD in the area of 
trade-related climate measures. In particular, TESSD is currently exploring challenges that 
MSMEs and developing countries are facing in quantifying their carbon emissions and 
meeting an increasing number of different standards and labelling schemes in export 
markets.  
• Members also shared their experiences in designing, adopting and implementing 
regulatory measures and standards in the area of trade and climate change:  
• The European Union presented its work on the development of a Digital Product 
Passport that i s aimed at increasing the sustainability and circularity of products placed 
on the EU market.  
• China presented its Green Products Labelling System that is aimed at fulfilling its 
international emissions reduction goals and enhancing its participation in gl obal 
governance system.  
• We also discussed how energy efficiency standards and labels are the key pillars in the 
climate change policies of many Members. In this context, it was similarly noted that policy 
alignment based on international standards and cap acity building are essential for ensuring 
effectiveness of such measures.  
• The speakers from South Africa explained its challenges in implementing certain technical 
regulations related to hydrogen. They also highlighted the challenges of complying with 
instruments like border carbon adjustments for their business sector, despite being 
committed to the transition to a low -carbon economy.  
4.4.  Before I end, I would like to offer one suggestion. The Committee may consider appointing the 
moderators for the next set  of thematic sessions in the previous session of the Committee. This will 
give the moderators almost three months to prepare for the upcoming session. This may help with 
even better planning and event organization.  
4.5.  I found the discussions to be very rich, and I would like to express my appreciation for the 
insightful contributions from our speakers. They left us with a lot to reflect on for further work in the 
Committee to regulatory cooperation on climate change . 
__________