G/TBT/W/460/Rev.1  
 
5 June 2018  
(18-3444) Page: 1/2 
 Committee on Technical Barriers to Trade  Original: English  
 
 
 NOTIFICATION  PROCEDURES  UNDER THE TBT COMMITTEE  
 EIGHTH TRIENNIAL REV IEW  
Submission from Brazil  
Revision  
 
The following communication, dated  5 June 2018 , is being circulated at the request of the 
delegation of Brazil . 
 
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On the occasion of the Eighth Triennial Review of the Agreement on Tec hnical Barriers to Trade 
(TBT), Brazil would like to share  some suggestions for enhancing notification procedures under the 
TBT Agreement.  
 
1  BACKGROUND  
1.1.  One of the cornerstones of WTO Agr eements is transparency , which is based upon, among 
others factors, notification requirements. Notifications provisions in the TBT Agreement ensure that 
basic factual information regarding each Member 's intentions to regulate, as well as the possible 
trade  implications of the new measures, are shared with Members, giving trading partners an 
opportunity to make comments at an early stage either bilaterally or at the TBT Committee.   
1.2.  The notification  system in the TBT Committee is one of its most important fun ctions , with 
thousands of notifications made in the last two decades. However, to reach its full potential of 
allowing countries to comment on notification s in a timely and efficient manner , it is necessary 
that Members fully comply with all notification c onditions, starting with notifications being made 
under the adequate agreement .  
1.3.  It has been noticed that some of the measures notified a re not related only to the TBT 
Agreement, but could also fall under the purview of the SPS Agreement. As the TBT and SP S 
Agreements regulate similar areas, identifying the scope under which a specific measure falls is 
not always a clear -cut issue. Moreover, many measures have  more than one objective and end up 
being subject to the disciplines of both  agreements.  
1.4.  This docu ment seeks to make a contribution to improve the notification system and initiate a 
discussion on where to notify measures not clearly fitting only one Committee. Brazil understands 
that notification practices under the TBT Agreement could be discussed in the current revision, as 
they are affecting countries ' ability to react, comment , and adapt  to new regulatory measures.  
2  JUSTIFICATION  
2.1.  When a notification does not fall within the scope of the TBT A greement only, Members ' 
resources that process and distrib ute notifications expend valuable time analyzing and redirecting 
it to the bodies or persons responsible for that specific kind of measure. For instance, if a 
notification is about protection of animal health from risks arising from the entry of diseases, as G/TBT/W/460/Rev.1  
 
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  stated in the SPS Agreement, even if related only to administrative procedures, it may fall under 
the responsibility of non -TBT related agencies/entities in some countries, but which would only get 
acquainted with the notification at a later stage.  
2.2.  Considering that each country adopts a specific institutional framework for analyzing 
comments on TBT and SPS measures, and taking into account that time schedules for comments 
are usually short, Brazil is convinced that a discussion to address the adequate a greement under 
which a measure should be notified is necessary. To anchor this discussion, the specific proposal 
below is presented.  
3  PROPOSAL  
3.1.  Without prejudice to the rights and obligations of Members under other Committees, and for 
the purpose of enhancin g predictability and transparency in situations where a Member considers it 
is difficult to establish or foresee whether a draft technical regulation may fal l under the TBT 
and/or the SPS A greement, Members should be encouraged to notify the measure simultaneously 
in both Committees.  
3.2.  In line with the above, and taking into account the challenges arising from defining whether a 
measure falls within the scope of one or both Agreements, Brazil proposes to further address this 
cross-cutting issue through thematic sessions and workshops, with a view to developing practical 
guidelines for notifications.  
 
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