G/TBT/W/396  
20 January 2015  
(15-0375)  Page: 1/4  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  REGULATORY COOPERATION, GOOD REGULATORY 
PRACTICE AND TRANSPARENCY 
SEVENTH TRIENNIAL REVIEW 
Communication from Mexico 
The following communication, dated 20 January 2015, is being circulated at the request of the 
delegation of Mexico. 
 
_______________ 
  
On the occasion of the Seventh Triennial Review of the World Trade Organization's Agreement on 
Technical Barriers to Trade (TBT Agreement), Mexico would like to propose three topics to be examined and included in the final document of the Review. These topics are: regulatory 
cooperation, good regulatory practice and transparency. 
1  REGULATORY COOPERATION 1.1.  Regulatory cooperation has not been included as a separate topic in any triennial review 
of the TBT Agreement. However, since the first reviews, various concrete elements have been 
analysed providing a basis for the regulatory cooperation agenda. For example, at the Second Triennial Review, the TBT Committee identified an indicative list of different approaches to facilitate the acceptance of conformity assessment results (mutual recognition agreements for 
assessment of conformity to specific regulations;  cooperative arrangements between domestic and 
foreign conformity assessment bodies in the voluntary sector; the use of accreditation to qualify conformity assessment bodies; government designation; unilateral recognition of results of foreign 
conformity assessment; and manufacturer's/supplier's declarations). 
1.2.  Subsequently, at the Fourth Triennial Review, the TBT Committee noted that regulatory 
cooperation between regulators from different Members, whether informal or formal in nature, and 
including training activities, can help achieve a better understanding of different regulatory 
systems and approaches to addressing identified needs. Furthermore, it can promote regulatory 
convergence, harmonization, mutual recognition and equivalency, thereby contributing to the 
avoidance of unnecessary regulatory differences and to the reduction of unnecessary barriers to 
trade. 
1.3.  At the Fifth Triennial Review, the TBT Co mmittee noted that regulatory cooperation between 
Members is an effective means of disseminating good regulatory practice and that it can build 
confidence between trading partners through en hancing mutual understanding of regulatory 
systems, thereby supporting efforts that aim to remove unnecessary barriers to trade. During the 
Review, it was also recognized that a fundamental component to regulatory cooperation is the 
promotion of dialogue between Members, including at senior level. A wide  variety of approaches 
can be employed by regulators to collaborate with each other – from information sharing to 
negotiating specific agreements. The appropriate approaches in any given situation will differ based on a number of factors, including, for example, the compatibility of regulatory environments 
and systems, the sector, type and degree of regulati on already in place, or the level of technical 
and institutional capacity of the Members involved. G/TBT/W/396 
- 2 - 
  1.4.  Finally, at the Sixth Triennial Review, the importance of regulatory cooperation between 
WTO Members was reaffirmed not only as an effe ctive means of disseminating good regulatory 
practice but also as an element thereof, insofar as it contributes to reducing unnecessary obstacles to international trade. 
1.5.  Thus, it can be said that the principal characteristics of regulatory cooperation have been 
highlighted in past triennial reviews. These include, among others: 
a. contributing to the dissemination of good regulatory practice; 
b. reducing unnecessary obstacles to international trade and, in so doing, facilitating trade; 
c. helping achieve a better understanding of di fferent regulatory systems and approaches; 
d. promoting dialogue between interested parties and building confidence between them; 
e. using a wide variety of approaches. 
1.6.  In document G/TBT/W/317, dated 15 June 2009, Canada, the United States and Mexico 
described a variety of collaborative approaches and the benefits these provided to regulators and those applying the regulations of the three countries. Since then, much effort has been made to 
advance the regulatory cooperation agenda in North America and other regions of the world, 
which is why Mexico is seeking to promote the issue within the Seventh Triennial Review of the TBT Agreement. 
1.7.  More specifically, Mexico proposes that, based on the above points and WTO Members' 
experience in the matter, recommendations or guidelines be discussed and agreed within the TBT Committee to conduct activities designed to implement effective regulatory cooperation that will facilitate trade between Members. 
2  GOOD REGULATORY PRACTICE 
2.1.  Since the First Triennial Review of the TBT Agreement, WTO Members have recognized the 
importance of good regulatory practice (GRP) in preparing, adopting and applying technical 
regulations and conformity assessment procedures, owing to the contribution of GRP in achieving 
compliance with the principles of the TBT Agreement itself. For both technical regulations and conformity assessment procedures, GRP can contribute, among other things, to the issuance 
of measures that are in line with principles as important as proportionality, established under 
Articles 2.2 and 5.1.2 of the TBT Agreement, respectively. 
2.2.  During the Sixth Triennial Review, the Committee agreed to identify a non-exhaustive 
list of voluntary mechanisms and related principles of GRP to guide WTO Members in the 
efficient and effective implementation of the TBT Agreement across the regulatory lifecycle. This 
non-exhaustive list would include the following: 
a. transparency and public consultation mechanisms; 
b. mechanisms for assessing policy options, including the need to regulate (e.g. how to 
evaluate the impact of alternatives through an evidence-based process, including through the use of regulatory impact assessments); 
c. internal (domestic) coordination mechanisms; 
d. approaches to minimizing costs for economic operators (e.g. how to implement 
mechanisms that ensure application of the TBT Agreement's substantive obligations in the design and development of regulations); 
e. implementation and enforcement mechanisms (e.g. how to provide practical, timely and 
informative guidance needed for compliance); G/TBT/W/396 
- 3 - 
  f. mechanisms for review of existing technical regulations and conformity assessment 
procedures (e.g. how to evaluate the effectiveness and continued adequacy of existing measures, including with a view to assessing the need for amendment, simplification or possible repeal); and, 
g. mechanisms for taking account of the special development, financial and trade needs 
of developing country Members in the preparation and application of measures, with a view to ensuring that they do not create unnecessary obstacles to exports from such 
Members. 
2.3.  This document was prepared based on di scussions in the TBT Committee. The latest version 
was circulated as document JOB/TBT/119/Rev.1. For various reasons, the text was not adopted by the Committee during its 2014 sessions. However, Mexico recognizes that the document is useful 
and believes that it can serve as a basis for future Committee discussions on GRP. 
2.4.  For these reasons and without prejudice to  the status of document JOB/TBT/119/Rev.1, 
Mexico proposes that, during the Seventh Triennial  Review of the TBT Agreement, an exchange of 
information take place on the GRP mechanisms or principles adopted and formalized by 
WTO Members. Mexico believes that the Committee has already recognized the value of GRP in facilitating effective implementation of the TBT Agreement. Consequently, a discussion on the 
concrete measures adopted by WTO Members would enhance awareness of such tools – tools 
which, according to their users, have contributed positively to the fulfilment of obligations under the TBT Agreement. 
3  TRANSPARENCY 
3.1.  With regard to transparency, discussions in past triennial reviews have focused on analysing 
and, where possible, recognizing the advances made in implementing the various obligations contained in Articles 2, 5, and 10 of the TBT Agreement. More specifically, discussions have 
revolved around the establishment of a single contact point, notification of the enquiry point of 
each WTO Member, the treatment of requests to  extend public consultations and the growing 
number of notifications by Members based on th eir obligations under Articles 2 and 5 of the 
TBT Agreement. 
3.2.  In past triennial reviews, the Committee has also focused on the format and content of 
notifications; advance dissemination of programmes or planning tools outlining the technical regulations, standards or conformity assessmen t procedures to be developed over a certain 
time-period; and the time-frame for the entry into force of measures covered under the 
TBT Agreement. 
3.3.  Considering that the TBT Committee has spen t ample time discussing what can be called the 
"preliminary" steps to reviewing and presenting comments on the measures (technical regulations 
and conformity assessment procedures) notified by WTO Members, Mexico believes that at the Seventh Triennial Review of the TBT Agreement, discussions can be held on two main points: 
a. the different mechanisms employed by WTO Members to ensure proper dissemination 
of notifications to the TBT Committee, so as to enable all interested parties in their territory to become acquainted with them; 
b. the national coordination schemes adopted (or to be adopted) by WTO Members to 
ensure proper examination and follow-up of topics of importance to interested parties 
concerning measures on which they have submitted comments or observations. 
3.4.  These two topics may not necessarily be new in the Committee's discussions, but they are 
considered important in ensuring proper application of the transparency provisions set forth in the 
TBT Agreement. In most cases, the observations submitted by WTO Members on notified measures 
are prompted by concrete requests from interested parties. It is therefore crucial to ensure proper 
dissemination of the measures notified by other Members. G/TBT/W/396 
- 4 - 
  3.5.  In addition, it is advisable to establis h national coordination schemes for the proper 
monitoring of measures that have prompted the most interest in the production sectors of WTO Members. Each country has sectors that are interested in different types of measure; however, Mexico believes that it is important to work towards an examination and recognition 
of the alternatives chosen by each WTO Member to ensure proper monitoring of the review and 
presentation of comments on the various measures adopted by its trading partners. 
__________