G/TBT/W/438  
19 January 2016  
(16-0379)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  COLOMBIA - MODIFICATIONS TO TH E NATIONAL QUALITY SUBSYSTEM 
STATEMENT BY COLOMBIA TO THE COMMI TTEE ON TECHNICAL BARRIERS TO TRADE 
4-6 NOVEMBER 2015 
The following communication, dated 15 January 2016, is being circulated at the request of the 
delegation of Colombia. 
 
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  1.  Decree No. 1595 of 5 August 2015 was drafted in an effort to update rules pertaining to the 
Colombian quality system and seeks not only to organize and clearly define the functions of the 
various actors concerned, but to implement the highest quality standards in respect of the preparation of technical regulations. 
2.  Decree No. 1595, as notified to the WTO TBT Committee in document 
G/TBT/2/Add.18/Rev.1/Suppl.2 of 12 October 2015, is effectively an updated version of Decree No. 1471, which was notified in document G/TBT/N/COL/201 of 7 February 2014. 
3.  It should be noted that neither Decree No. 1471 nor Decree No. 1595 were or are technical 
regulations. As I said before, they concern the organization and functions of the Colombian quality system and seek to ensure the implementation of  high quality standards in the preparation of 
technical regulations. Colombia notified Decree No. 1471 of 2014 by unilateral decision and in 
accordance with the principle of transparency. Since Decree No. 1595 is an updated version of 
Decree No. 1471, Colombia merely notified that it had been issued, in line with the requirements 
concerning quality-related policies. 
4.  The objectives of Decree No. 1595 include the following: 
a. To promote the safety, quality, trustworthiness, innovation, productivity and 
competitiveness of production sectors and importers of products in the market. 
b. To protect the interests of consumers. 
c. To facilitate market access and trade. 
d. To assist the system's users to protect human, animal and plant life and health. 
e. To protect the environment and national security. 
f. To prevent practices likely to mislead consumers. 
5.  This regulatory updating is essential for the Republic of Colombia, and one of its many effects 
will be the marked impact it has in helping to guarantee free trade. G/TBT/W/438 
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  6.  Regarding product conformity assessment proc edures, which have been mentioned by the 
delegations interested in this matter, it should be noted that Article 2.2.1.7.9.2. refers to at least 
four alternative ways of obtaining the relevant conformity certificate: 
a. It has been issued by a certification body accredited with the National Accreditation 
Organization and the scope of accreditation includes the product and the technical 
regulation. 
b. It has been issued by a foreign certification body, accredited by an accreditation body 
recognized under the multilateral recognition agreements to which Colombia's National 
Accreditation Organization is party, provided that the issuing country accepts Colombian certificates for domestic products. 
c. It has been issued by a certification body accredited by an accreditation body recognized 
under a multilateral recognition agreement to which the National Accreditation 
Organization is not party, subject to certain conditions. 
d. It has been issued under a mutual recognition agreement signed between Colombia and 
another country and in force. 
7.  We have also heard various concerns about the establishment of risk levels in this Decree. In 
this regard, it should be noted that the amendm ent to Decree No. 1471 of 5 August 2014 took into 
account the comments received, including those made by Mexico on 6 May 2014; for this reason, 
Article 36 ("Risk levels for the preparation and issue of technical regulations") was rewritten so as not to define a priori the risk level, as can be seen in Article 2.2.1.7.6.6 of Decree No. 1595. 
8.  The parameters for defining the risk are a factor to be studied by the regulator when 
establishing alternative solutions for dealing with a specific problem. This simply involves some 
guidelines that the regulators must have in the technical regulations that are to be issued following the entry into force of this Decree. The intention is merely for the regulator to establish better 
alternative solutions to the problem in question by considering the risk linked to the problem. 
9.  It should be clear that this grading of risk do es not affect existing technical regulations. The 
rules governing each product derive from individual  technical regulations, which will be revised by 
each regulator as and when an adjustment is considered necessary. Decree No. 1595 of 2015 does 
NOT modify technical regulations that were already in  effect before its entry into force, i.e. before 
6 October 2015, and each technical regulation issu ed subsequently will therefore be notified and 
subject to comment. 
10.  These guidelines must, in turn, be read togeth er with the rest of the Decree. The procedure 
for issuing technical regulations in Colombia shall be linked to a Regulatory Impact Analysis (RIA). The risk assessment shall take place as part of this RIA, with a view to selecting the best 
alternative solution to the problems that the issuing of a technical regulation seeks to resolve. 
11.  Lastly, please note that Colombia is committed to improving its national quality subsystem. 
This is clear from the fact that the subsystem is now recognized by ILAC, IAAC and IAF. We also 
hope to make progress on mutual recognition, as a tool for facilitating trade. This is an area in 
which we are open to exploring, bilaterally, with any interested parties, possible avenues of joint work. 
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