G/TBT/W/464  
 
16 March 2018  
(18-1596) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
IMPROVING INFORMATIO N IN NOTIFICATIONS  
EIGHTH TRIENNIAL REV IEW 
Submission from the United States  
The following submission, dated 1 4 March 2018, is being circulated at the request of the 
delegation of the United States . 
 
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1  INTRODUCTION  
1.1.  Members ' notifications under Article 2.9, 2.10, 5.6, and 5.7 of the TBT Agreement facilitate 
the transparent development and adoption of technical regulations and conformity assessment 
procedures. Stakeholders  need this transparency in order to engage effe ctively with Members – in 
efforts to  prevent unnecessary obstacles to international trade . Accordingly, stakeholders have 
praised ePing , the WTO 's TBT and SPS notification alert system, which allows for electronic  
distribution of notifications in real time. Using ePing, governments and stakeholders, especially 
small and medium enterprises (SMEs), can now receive alerts for notifications affecting foreign 
markets and products of interest.1 However, as much as this i nnovation has significantly improved 
the potential implementation of the TBT Agreement, reliance on ePing also reinforces the need for 
Members to provide complete and accurate data in their notifications so relevant parties are able 
to submit comments and understand how their interests are affected.  
1.2.  This paper highlights several  types of information that are particularly important to traders, 
but appear to be routinely missing from Members ' notifications. The United States recommends 
that the Eighth Trienni al Review include a discussion  of the challenges faced with respect to 
providing  maximum specific information in Members ' notifications, with a view to improving the 
quality of Members ' notifications.  
2  BACKGROUND  
2.1.  In 2016, the United States presented the results of research undertaken with respect to 
Members ' notifications to the TBT Committee between  1 January  2006, and 18 August  2015, to 
identify the magnitude of the link between technical regulations and conformity assessment 
procedures and exports. The  paper, "Standards and Regulations: Measuring the Link to Goods 
Trade " (hereinafter "the March 2017 research paper "), was presented at the Committee meeting of 
29-30 March 2017 and produced a lively discussion.2  
2.2.  One of the main observations of the March 2 017 research paper was that 41 % of TBT 
notifications during the period lacked information on which products could be affected.3 Item 4 of 
the Committee 's agreed notification format provides that the produc ts covered by the technical 
regulation or conformit y assessment procedure notified should be identified by the Harmonized 
System (HS) or Customs Cooperation Council Nomenclature (CCCN)  codes.  This is per the 
                                                
1 G/TBT/1/Rev 13, page 38, footnote 176.  
2 G/TBT/GEN/215, 28 April 2017. Remarks of Mr. Jeff Okun -Kozlowicki,  U.S. Department of Commerce.  
3 G/TBT/GEN/215, 28 April 2017 , page 6 . Remarks of Mr. Jeff Okun -Kozlowicki,  U.S. Department of 
Commerce.  G/TBT/W/464  
 
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  Coherent Use of Notification Formats4 and the TBT on -line Notification Submission System 
(TBT NSS) that was agreed to by the TBT Committee.  Nonetheless, HS are often not utilized in 
identifying the relevant products.5 The March 2017 research paper found that the percentage of 
notifications that did not provide HS codes for the specific products affected  by the notified 
technical regulation or conformity assessment procedure even increased  to 66 % in 2014 from 
14% in 2008.  
2.3.  Another major area of interest to the Committee – and stakeholders – is the date on which a 
final technical regulation or conformity assessment procedure will enter or has entered into force. 
This is a key element for "facilitating the traceability of information pertaining to a given 
notification. " To that end, the Commit tee agreed in 2014 to a recommendation on the Coherent 
Use of Notification Formats.6 Accordingly, the Committee has recommended that Members submit 
Addenda when "the notified proposed technical regulations or conformity assessment procedure 
enters into for ce, especially in cases where relevant dates have not been provided in the original 
notification or have been changed. "7 However, the March 2017 research paper noted that 85 % of 
notifications in the period did not provide information on whether or not the notified proposed 
technical regulation or conformity assessment procedure had been brought into force.8 In 
examining these notifications that lacked entry -into-force information, the March 2017 research 
paper estimated that around 87 % of those technical re gulations or conformity assessment 
procedures notified had subsequently been brought into force without notification to the WTO 
Secretariat, resulting in confusion among stakeholders and hindering compliance with the final 
technical regulations and conform ity assessment procedures.  
2.4.  Traders are also interested in whether impending technical regulations and conformity 
assessment procedures are in accordance with international standards, guides or 
recommendations. The Committee noted in 2009 that, "in practic e, for the sake of greater 
transparency, some Members choose to notify draft proposed technical regulation or conformity 
assessment procedure if they are in accordance with relevant international standards, guides or 
recommendations. " In fact, "with a view  to increasing transparency on the use of international 
standards, " the Committee agreed in 2009 "to encourage Members, whenever possible and on a 
voluntary basis, to indicate in Box 8 of the notification format whether or not they consider that a 
relevant  international standard exists and, if appropriate, to provide information about 
deviations. "9 However, information is not generally available through ePing or the TBT Information 
Management System ( TBT IMS ) on whethe r or not Members consider that a relevant international 
standard, guide or recommendation exists and, if they do, provide information about deviations.  
2.5.  Greater awareness of this information could be helpful for Members and stakeholders alike. 
Not only does  it enable Members and stakeholders to fully understand the potential impact of the 
technical regulations and conformity assessment procedures notified, it also promotes 
transparency and compliance.  
3  PROPOSALS  
3.1  Products affected  
3.1.  Without information on produ cts affected, stakeholders using ePing and other services to 
track Members ' notifications may not see or recognize that the notified technical regulation or 
conformity assessment procedure  could potentially impact their products, and thus may miss 
important notifications on which they would otherwise want to comment.  
 
a. In light of the importance of receiving this information, we propose that the Eighth 
Triennial Review include an initial dis cussion after the conclusion of the Review of the 
                                                
4 G/TBT/35  
5 G/TBT/32, 29 November 2012, as referenced in G/TBT/1 Rev. 13, 8 March 2017, Section 5.6.4.1(a).  
6 G/TBT/1/R ev.13, 8 March 2017, page 25. 
7 G/TBT/1/Rev.13, 8 March 2017, page 57.  
8 G/TBT/GEN/215, 28 April 2017 , page 6 . Remarks of Mr. Jeff Okun -Kozlowicki,  U.S. Department of 
Commerce.  
9 G/TBT/26, 13 November 2009, para. 36 – as referenced in G/TBT/1 Rev 13, Secti on 5.3.1.4(e) , 
page 25. G/TBT/W/464  
 
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  challenges faced with respect to providing product codes and how Members might 
overcome these difficulties.  
b. We also propose that the Committee provide a specific recommendation on the 
importance of Members  providing maximum specific information in their notifications 
regarding  the codes for products potentially impacted  by the proposed technical 
regulation or conformity assessment procedure, for example, by referring to the specific 
International Classifica tion for Standards (ICS) codes or - HS chapters or codes  
3.2  Entry into force  
3.2.  Without information on whether proposed technical regulations and conformity assessment 
procedures have entered into force, Members and stakeholders may not be able easily understand 
if a notified technical regulation or conformity assessment procedure is final and its entry into 
force.  Some adjustments in the practices of the Committee may be helpful. These could include 
one or more of the following:  
a. The Committee regularl y discusses both proposed and final technical regulations and 
conformity assessment procedures. The more information about final technical 
regulations and conformity assessment procedures that Members provide in their 
notifications, the more specific we ca n be in the Committee. For example, the "Specific 
Trade Concerns " item on the Committee meeting agenda could be separated into two 
categories: "Specific Trade Concerns: proposed technical regulations or conformity 
assessment procedures " and "Specific Trade  Concerns: Final technical regulations or 
conformity assessment procedures. "  
b. The United States also proposes  the Committee consider a  recommendation that 
Members  review their national Official Gazettes and notify  final technical regulations and 
conformity  assessment procedures . 
3.3  International  Standards  
3.3.  As noted above, although some Members choose to voluntarily notify technical regulations 
and conformity assessment procedures even when they are in accordance with relevant 
international stan dards, guides or recommendations, information is generally not available through 
ePing or the TBT IMS on whether or not Members consider that a relevant international standard, 
guide or recommendation exists, and on deviations. Without this information, Members and 
stakeho lders may have difficulty determining whether to devote resources to examining and 
commenting on the  notified technical regulation or conformity assessment procedure .  
a. Therefore, we propose that the Eighth Triennial Review include a discussion of the 
challenges faced in identifying and notifying  the relevant international standard, guide or 
recommendation and any deviations . This could include a discussion of revisions to the 
Committee 's Format and Guidelines for New Notification  form and changes to ePing or 
the TBT IMS. 
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