G/TBT/W/407
21 May 2015
(15-2663)  Page: 1/2
Committee on Technical Barriers to Trade  Original: English/Spanish
 
  ECUADOR – RESOLUTION NO. 116 OF THE FOREIGN TRADE COMMITTEE OF ECUADOR 
OF 19 NOVEMBER 2013 AND TECHNICAL REGULATION OF THE ECUADORIAN 
STANDARDIZATION INSTITUTE RTE INEN NO. 022 ON THE LABELLING OF 
PROCESSED AND PACKAG ED FOOD PRODUCTS 
STATEMENT BY MEXICO TO THE COMMITT EE ON TECHNICAL BARRIERS TO TRADE 
AT ITS MEETING OF 18-19 MARCH 2015 
The following communication, dated 8 May 2015, is being circulated at the request of the 
delegation of Mexico. 
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1  RESOLUTION NO. 116 
1.  As regards Resolution No. 116, Mexico reiter ates its concern about the "certificate of 
recognition" requirement that applies to a range of products. 
2.  This topic has been the subject of bilateral dialog ue, and notification of the measure in question 
was requested, as was the provision of information to justify the establishment of this requirement for a wide range of products, since it does not focus on a single sector of production. 
3.  Owing to the variety of products covered, Mexico requests Ecuador to provide information on 
the contribution made by the new requirement to fulfilment of the legitimate objectives pursued by the different technical regulations governing the specifications of the different products. 
4.  Mexico reiterates the need to obtain a concrete reply from Ecuador to the questions raised. 
2  RTE INEN NO. 022 
1.  Mexico wishes to reiterate this concern in respect of Ecuador's draft first revision, 
PRTE INEN 022 (1R), of the Ecuadorian Standard ization Institute Technical Regulation entitled 
"Labelling of processed and packaged food products", notified to WTO Members 
in document G/TBT/N/ECU/19/Add.8, in view of the following considerations: 
a. Although the regulatory provision form ing the basis of the draft revision 
of PRTE INEN 022 (the sanitary regulations for the labelling of processed foods for 
human consumption) has technical regulation characteristics of the kind specified in Annex 1 to the TBT Agreement, it is considered that the Government of Ecuador has failed to comply with the transparency obligation laid down in Article 2.9 of the 
TBT Agreement, and this prevented Mexico from being able to submit comments for 
consideration in the preparation of that Regulation. 
b. However, regarding the specific content of the draft revision of PRTE INEN 022, Mexico 
considers that the definitions of "food", "processed food", "nutritional claim", and the 
system of colour-coded charts may contravene the provisions of Article 2.4 of the TBT Agreement, as they are not based on in ternational standards such as the "General 
Standard for the Labelling of Pre-Packaged Foods" of the Codex Alimentarius  
(CODEX STAN 1-1985, point 2). The same would be the case for labelling with references to non-caloric sweetener and transgenic contents. G/TBT/W/407 
- 2 - 
  c. Mexico also considers that the system of colour-coded charts (showing "high", "medium" 
and "low" concentration of total fats, sugars and salts) may contravene the principle of proportionality provided for in Article 2. 2 of the TBT Agreement, by not constituting 
the least restrictive alternative necessary to fulfil the desired legitimate objective. Mexico 
is concerned at this system, which it does not consider to help the consumer make 
an appropriate choice of products for consumption. On the contrary, the messages could arouse fear in the consumer. 
d. Mexico considers that the measures on advertising, which prohibit the use of images of 
real or fictitious persons and animals in labelling, could be contrary to the provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, which governs the protection countries are required to provide for the owners of an intellectual 
or industrial property right. 
2.  In view of the foregoing, on 17 June 2014 Mexi co submitted formal comments to Ecuador, 
which appear in paragraph 2.179
1 of document G/TBT/M/64/Rev.1. I would ask that they 
be included in the minutes and will avoid quoting them here in order to save time: 
a. It is requested that Ecuador notify the sanitary regulations for the labelling of processed 
foods for human consumption, in accordance with the provisions of the TBT Agreement, 
so that comments and observations on the regulations can be submitted. 
b. It is requested that PRTE INEN 022 be amended so that concepts such as "food" and 
"nutritional claim" coincide with the provisions of the Codex Alimentarius , and the 
difference between "food" and "processed food" is eliminated. 
c. An explanation is requested of the just ification and scientific evidence for the 
colour-coded system of charts specifying th e "high", "medium" or "low" concentration of 
three components: total fats, sugars and salts, respectively. 
d. It is also requested that justification be provided for - or if appropriate, consideration be 
given to eliminating the requirement of - including the term "transgenic" on the label, in case of transgenic content. 
e. It is requested that the restrictions on advertising in labelling be reconsidered. 
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1 2.179. The representative reiterated a series of requests to Ecuador. First, she called on Ecuador to 
notify the "Sanitary regulations for the labelling of processed foods for human consumption", in accordance 
with the provisions of the TBT Agreement, so that comments on the regulations could be submitted. Second, she requested that PRTE INEN 022 be amended so that  concepts such as "food" and "nutritional claim" 
coincided with the provisions of the CODEX Alimentarius , and that the difference between "food" and 
"processed food" was eliminated. Third, Mexico asked for an explanation of the justification and scientific evidence for the colour-coded system of charts spec ifying the "high", "medium" or "low" concentration 
of three components: total fats, suga rs and salts, respectively. Fourth, she requested that justification be 
provided for – or if appropriate, consideration be given to eliminating the requirement of – including the term 
"transgenic" on the labe l, in case of transgenic content. Fifth, Mexi co asked that the restri ctions on advertising 
in labelling be reconsidered.