WT/COMTD/W/285, G/TBT/GEN/362  
G/SPS/GEN/2162, TN/CTD/W/34  
 
2 November 2023  
(23-7402) Page: 1/4 
Committee on Trade and Development  
Committee on Technical Barriers to Trade  
Committee on Sanitary and Phytosanitary Measures 
Committee on Trade and Development Special Session  Original: English  
 
  
HIGHLIGHTS OF ACTIVITIES ON BETTER INTEGRATION OF DEVELOPING COUNTRIES  
IN THE AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY 
MEASURES AND THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE  
COMMUNICATION FROM THE UNITED STATES* 
The following communication, dated 1 November  2023, is being circulated at the request of the 
delegation of the United States . 
 
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Introduction  
1.   In collaboration with the Committee on Trade and Development (CTD), the United States shared 
its experiences and observations in the field of Technical Barriers to Trade (TBT) during a thematic 
event on the Application of the SPS and TBT Agreements during a Special Session of the CTD 
Committee on 4 October 2023.   
Enquiry Points: Collaborative Problem Solving  
2.   In the Special Session, Mrs. MaryAnn Hogan who manages the TBT Enquiry Point of the 
United  States, presented on the transparency provisions of the TBT Agreement and shared examples 
of leadership from Members that are utilizing the worldwide network of national TBT Enquiry Point 
offices. Many national TBT Enquiry Points routinely, even daily, com municate with one another, as 
well as internally with their own government and private sector stakeholders. They can collaborate, 
problem solve, share important communications such as comments on notifications as well as 
responses to comments, respond to i nternal and external questions, and learn from one another. 
The staff of these Enquiry Points are only a few mouse clicks and an e -mail message away from 
government and stakeholders who have questions on technical regulations and standards.   
Notifying and Commenting: Experience Sharing to Improve the Progress  
3.   The US presenter acknowledged that many Members face challenges in notifying their own 
measures and commenting on foreign measures within the recommended 60 -day comment period. 
However, flexibilities c an exist and should be explored with the notifying Member on a case -by-case 
basis as needed.  
4.   Experience sharing by WTO Members is a pragmatic way to understand various approaches and 
methods that are used to carry out the transparency obligations under th e TBT Agreement and 
enable access to notifications all over the world.   
5.   As an example – the United States recently requested a comment extension from another 
Member, and because of close collaboration over time, the Member 's Enquiry Point was very candidly  
 
* This communication was initially circulated as WT/COMTD/W/285 -G/TBT/GEN/362 -G/SPS/GEN/2162. 
Subsequently, on 2 1 November 2023, TN/CTD/W/34 was added to the symbol of the document at the request 
of the delegation of the United States.  WT/COMTD/W/285 • G/TBT/GEN/362 • G/SPS/GEN/2162 • TN/CTD/W/34  
 
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  and helpfully able to share why the extension could not be granted. The US TBT Enquiry Point was 
in turn able to share this information with the stakeholder, and then that stakeholder was able to 
expedite their comments for submission to the other Member 's TBT Enquiry Point for an on -time 
arrival.  
6.   Another challenging matter for all Members is ensuring public awareness of and easy access to 
notifications which the ePing Platform has made much easier. The details of the global regulatory 
system can now be found through simple internet searches that br ing the researcher to a trusted 
source of information at the WTO. The implementation of this system is a milestone to be celebrated.  
7.   ePing has been extremely helpful in making unofficial translations available to all. The United 
States posts unofficial tra nslations to ePing when possible, and occasionally, Members request 
translations via ePing. During the April 2023 TBT transparency workshop in Nairobi, Kenya, for 
example, some of the TBT Enquiry Point staff mentioned the need for text translations. The U nited 
States shared its experience with creating unofficial translations using Adobe professional software 
and Microsoft Word. These translations are not perfect, but they do provide a sense of the notified 
document.   
Highlighting Competencies  
8.   The United S tates sees, on a regular basis, that developing countries are already leading the 
way, in many respects, in the WTO TBT and SPS Committee activities. Further, we see developing 
countries taking steps to comply with the Agreements. In the Committees, we see  the progress of 
developing countries taking steps toward a "building block " approach to compliance, where countries 
progress to becoming TBT and SPS leaders in the activities and discussions of the Committee. A few 
examples of areas in which developing co untries have been taking the lead in the TBT Committee 
include:  
a. WTO TBT Notifications : The East African Community Members continuously serve as an 
example of WTO TBT notification leaders. The majority of top notifiers in the TBT Committee 
are developing c ountries.1  
b. Development of Comments : In addition to notifications, many developing countries actively 
comment on TBT notifications. During the 10th Special Meeting on Procedures Information 
Exchange2, Kenya and Namibia shared their experiences on general  questions enquiry points 
can ask when preparing or replying to a comment for TBT notifications. A project by WTO 
Members to develop a model comment began.3  
c. Use of ePing : ePing offers developing country members opportunities to communicate their 
interest  on particular notifications. We  have recently seen the Caribbean counties 
communicating their interests and comments on specific notifications in the international 
forum of ePing. We welcome further activity in that regard.  
d. Transparency Champions4: The W TO Secretariat just completed a meaningful six -month 
training for African enquiry points that inspires countries to develop national transparency 
champions and encourages countries to serve as mentors for this program. The 
United  States participated in the  mentorship of the African nations that participated and has 
recommended to the Secretariat that the program be replicated in other parts of the world. 
This training is key to the success of developing countries in the TBT and SPS Committees. 
WTO Director General said to the General Council in June 2023 that, … " these efforts from 
Members and the Secretariat are geared towards strengthening the deliberative function and 
 
1 Top 10 WTO TBT notifying Members 2022 can be found here: 
https://www.epingalert.org/en/FactsAndFigures/Notifications . 
2 Consulted at: 10th Special Meeting on Procedures Information Exchange . 
3 Consulted at: Guiding Questions on Responding toa WTO TBT Notification . 
4 WTO Director General Ngozi said this of the program: I thank the delegations from Australia, Sweden, 
Uganda, and the United States that have offered to be mentors for this project. These efforts from Members 
and the Secretariat are geared towards strengthening the deliberative function and improving institutional 
functioning. This is part of better harnessing the potential of all WTO Bodies to address pressing global trade 
matters an d concerns and deliver meaningful results for the benefit of people around the world. Quote from 
WTO Director General, Ngozi Okonjo -Iweala, to the WTO General Council, June 2023.  WT/COMTD/W/285 • G/TBT/GEN/362 • G/SPS/GEN/2162 • TN/CTD/W/34  
 
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  improving institutional functioning. This is part of better harnessing the pote ntial of all WTO 
Bodies to address pressing global trade matters and concerns and deliver meaningful results 
for the benefit of people around the world ". 
e. Secretariat -led in country trainings : The WTO Secretariat staff regularly delivers TBT and 
SPS Agreeme nt training to developing country Members that request it. The WTO 's Technical 
Assistance Dashboard lists these programs.5 This improves their ability to notify and for 
other Members to become aware of new technical regulations.  
f. Specific Trade Concerns : The developing countries of the Western Hemisphere, led by 
Colombia, have been coordinating on specific trade concerns for years, particularly with 
regard to use of pesticides in the TBT and SPS Committees. Their organization around STCs 
could be a model f or other counties to use when coming together on a complaint against 
another country. We  have seen countries like Kenya, launch their first trade concern in the 
TBT Committee in the last year, and we encourage others to do so.  
g. Triennial Review Proposals : South Africa and Brazil have long been leaders in Triennial 
Review proposals, launching several proposals per three -year cycle. The Secretariat has 
launched an online training on the Triennial Review process in the TBT and SPS Committees, 
and taking the co urse helps future developing country representatives to become leaders in 
the Committee.  
h. Thematic discussions : The TBT Committee has thematic discussions and developing 
countries like China, Indonesia and Brazil, and South Africa continuously provide 
perspectives on these panels, developing countries should be encouraged to nominate 
speakers into the discussions, which are now webcast, so that all stakeholders can hear the 
National Quality Infrastructure: The TBT Committee has had active discussions on nat ional 
quality infrastructure that have involved active participation from developing countries like 
Brazil, Indonesia and Trinidad and Tobago. For developing countries to grow in the TBT 
Committee activities, following and engaging in these discussions is an important activity.  
i. Policy Discussions : The TBT Committee has on -going policy discussions regarding conformity 
assessment procedures and transparency. China, Kenya and South Africa are leaders in 
these discussions and other developing countries should look to their example of 
engagement. The meetings are hybrid so as to maximize participation of capitol -based 
experts.  
j. Good Regulatory Practice : The TBT Committee is engaged in conversation about Good 
Regulatory Practices. Countries like Paraguay an d Indonesia have engaged in these 
discussions. For developing countries to grow in the TBT Committee activities, following and 
engaging in these discussions is an important activity.  
k. Standards and Trade Development Facility (STDF) : The STDF provides resou rces to Members 
that have identified a concrete need that can be address ed through collaboration between 
national competent authorities and international technical experts. Project development and 
execution requires vision and commitment, and the STDF 's history of success is a testament 
to the ability of Members to improve the function of their national SPS services.  
9.   The TBT and SPS Committee are more open to participants than ever before, with new tools, 
like ePing, Interprefy, eAgenda, Zoom, webcasts, alm ost anyone in the world can participate in the 
TBT and SPS Committees. The TBT and SPS leadership within the G90 can serve as examples, and 
along with developed countries can encourage and help other G90 Members to participate in 
assistance structures that  already exist in the Committees.  
 
5 Consulted at: https://tams.wt o.org/dashboards . WT/COMTD/W/285 • G/TBT/GEN/362 • G/SPS/GEN/2162 • TN/CTD/W/34  
 
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  What 's Next?  
10.   The use of thematic review sessions to view WTO Agreements through the lens of practical 
case studies is promising. These case studies offer developing countries an opportunity to speak to 
their progress in be coming leaders in their respective technical Committees.   
11.   The United States will continue to work with WTO Members to bring diverse and insightful 
perspectives to the WTO. We are open to build on the work started at the CTD SS thematic session 
earlier this  month and work towards a collection of best practices including how the availability and 
use of digital tools like the ePing SPS&TBT platform can help address the challenges we face today, 
and better operationalize the existing flexibilities that do not a ppear to be fully utilized.  
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