G/TBT/GEN/181  
 
3 July 2015  
(15-3434)  Page: 1/2  
Committee on Technical Barriers to Trade    
 
 GOOD REGULATORY PRACTICE (GRP) 
VOLUNTARY MECHANISMS AND RELATED PRINCIPLES 
REPORT BY MR. FILIPE RAMALHEIRA1 TO THE TBT COMMITTEE  
This Report was delivered by the former Chairman of the WTO TBT Committee at the 
meeting of 17-18 June 2015. 
 
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1.  Good regulatory practice is recognized by all of you as a very important aspect of the work of 
this Committee. Unfortunately, after two years of lengthy negotiations, 33 submissions from 17 
Members, seven drafts and two TBT Chairmen, we still haven't managed to finalize the list of voluntary mechanisms and related principles of GRP. This is, in my opinion, unfortunate, as the 
adoption of this list could contribute to a more in-depth and forward-looking debate on the 
Seventh Triennial Review, by allowing Memb ers to build on already agreed outcomes. 
2.  This being said, and following consultations with some of you on possible solutions to the 
current deadlock, I would like to share some personal views on where we stand: 
a. First, I sense that the list gathers the support  of a wide majority of WTO Members, in 
spite of the concerns some may still have with regards to the legal disclaimer. In fact, it appears that all of you see value in this document. 
b. Second, I understand that the substantive part of the text is acceptable to all, apart from 
one issue in one of the best practices. This issue can, in my view, be solved provided 
there is enough commitment from Members. 
c. Third, I had the clear perception that a wide majority of Members do not see the need of 
having a robust disclaimer given the non-binding, voluntary and non-exhaustive nature of the GRP list. A few delegations, however, continue to express their preference for a 
stronger formulation.  
d. Fourth, in light of positions expressed by some delegations during consultations, Brazil 
floated new ideas on a possible TBT-SPS approach to the disclaimer – this because te issue appears to be similar in both Committees and, according to the proponents, could 
have an impact on our future work. These new ideas were presented informally to the 
Committee yesterday. 
e. Fifth, I found that the discussion on the precise formulation of the disclaimer on the 
basis of the current proposal (JOB/TBT/119/Rev.1) seems to have reached a point where 
no additional refinements to the text are feasible without crossing someone's red line.  
3.  Nevertheless I have to recall that the deadlock situation and the complex wording of the 
disclaimer is the result of months of intricate negotiations among interested parties. Whatever the 
approach you decide to undertake from now on, Members will need to bear this in mind. Work will not need to start from scratch. 
                                               
1 Outgoing Chairman of the TBT Committee (2014-15). G/TBT/GEN/181 
 
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  4.  Disclaimers have been used several times in the past (some of them are more than a decade 
old) with different formulations, depending on the nature and content of the documents. The 
practice is neither uniform between WTO committees nor within committees.  
5.  I hope that, in your future endeavours, you may take into account the need to strike an 
adequate balance between the use of disclaimers and its effect on the ability of WTO committees 
to advance regular work. 
6.  In conclusion, I would like to thank everyone who has engaged in the consultations. I would 
also seize this opportunity to call once again on Members to revaluate their positions, follow 
through with new ideas, as the GRP list remains, in my view, a very valid and timely contribution of the TBT Committee to the work of this Organization. 
 
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