G/TBT/2/Add.60/Rev.2  
 
14 April 2016  
(16-2101)  Page: 1/8  
Committee on Technical Barriers to Trade  Original: English  
 
 IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT 
ON TECHNICAL BARRIERS TO TRADE 
COMMUNICATION FROM THE GOVE RNMENT OF SOUTH AFRICA 
Revision 
The following statement under Article 15.2 of the Agreement on Technical Barriers to Trade is 
hereby submitted by the delegation of South Africa. 
 
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1  TRANSPARENCY 
1.1  GOVERNMENT AUTHORITY  
1.1.  In accordance with the WTO Agreement on Technical Barriers to Trade (TBT) Article 10.10, 
the South African National Department of Trade and Industry, (the dti), has the overall 
responsibility to ensure compliance with South Africa's obligations under the TBT Agreement by 
National Government Departments with regulatory authority through national legislation and their regulatory bodies and institutions, as well as the domestic institutions forming the National 
Technical Infrastructure. The National Technical Infrastructure consists of the dti, the South African 
Bureau of Standards (SABS), the National Regula tor for Compulsory Specifications (NRCS), the 
National Metrology Institute of South Africa (NMISA) and the South African National Accreditation System (SANAS). 
1.2.  The right of the South African public to national security, health, safety, environmental 
protection and protection against deceptive practices is entrenched in the Constitution of the Republic of South Africa. Although the TBT Ag reement was never published in any official 
Government Gazette or incorporated in any domestic legislation, the Minister of Trade and 
Industry, duly authorised by, His Excellency, former President of the Republic of South Africa, Nelson Rolihlahla Mandela, signed an Instrume nt of Acceptance of the Marrakesh Agreement 
Establishing the World Trade Organization and the Final Act of the Uruguay Round including the 
TBT Agreement on 2 December 1994. The Marrakesh Agreement Establishing the World Trade Organization and the Final Act of the Uruguay Round including the TBT Agreement, were approved and ratified by the South African Parliament on 6 April 1995. South Africa is not a party to the 
Vienna Convention on the Law of Treaties, but recognises the provisions of the Convention through 
South African customary law. The TBT Agreement attained legal status in South Africa in terms of section 231 of the Constitution of the Republic of South Africa adopted by the Constitutional 
Assembly on 11 October 1996, certified by the Constitutional Court on 4 December 1996, and 
entered into force on 4 February 1997. The WTO Agreements including the TBT Agreement is not 
directly enforceable through South African law, except where it has been incorporated into 
domestic leglislation. However, the Department of Trade and Industry in cooperation with the 
South African Bureau of Standards (SABS) overse e that the obligations under the TBT Agreement 
are adhered to. 
1.3.  Although South African Regulators have a right to regulate for legitimate purposes in terms of 
South African domestic legislation and the WT O TBT Agreement, technical regulations and 
conformity assessment procedures should not create unnecessary obstacles to international trade. An Interdepartmental Coordination and Advisory Committee on Technical Barriers to Trade had G/TBT/2/Add.60/Rev.2 
 
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  been established in South Africa to support the implementation, operation and administration of 
the WTO TBT Agreement. The main objective of th e Interdepartmental Coordination and Advisory 
Committee on technical Barriers to Trade is to promote cooperation and coordination with regard to South Africa’s rights and obligations in te rms of the TBT Agreement and regulatory policy 
development between the dti, Government Departments with regulatory authority, their regulators 
and the National Technical Infrastructure. 
1.2  ENQUIRY POINT AND NOTIFICATION POINT  
1.4.  The dti serves as South Africa’s notificati on point, but the Economic Impact and Intellectual 
Property Department, (formerly the Standards Info rmation Centre) at the SABS was appointed as 
the WTO TBT Enquiry Point in South Africa by the dti. Contact details for WTO TBT matters are as follows: 
The Director: Market Access 
Trade Negotiations International Trade and Economic Development Division 
Department of Trade and Industry 
Private Bag X84 PRETORIA 
0001 
South Africa Website: http://www.thedti.gov.za/  
Tel.: +27 12 394 9500 
Fax: +27 12 394 9501 
Email: KNkuna@thedti.gov.za  
 
1.5.  The WTO TBT Enquiry Point at the SABS is resp onsible for the functions of an enquiry point in 
terms of Article 10.1 of the TBT Agreement an d as recommended by the TBT Committee in the 
triennial reviews of the TBT Agreement contained under point 4.5 of the "Decisions and 
Recommendations Adopted by the WTO Committee on  Technical Barriers to Trade since 1 January 
1995" in document G/TBT/1/Rev.12 of 21 January 2015, pages 34 to 37. The South African WTO TBT Enquiry point contact details are as follows:  
The South African WTO/TBT Enquiry Point 
Economic Impact & IP Department 
South African Bureau of Standards 1 Dr Lategan Road 
Groenkloof 
Private Bag X191 Pretoria 0001 
South Africa 
Website: http://www.sabs.co.za  
Tel.: +27 12 428 6229 
Email: wto@sabs.co.za  
 Contact Person: Ms. Dineo Hexana  
Tel: + 27 12 428-6229 
E-Mail: wto@sabs.co.za    
 
2  DEVELOPMENT AND APPLICATION OF TE CHNICAL REGULATIONS AND CONFORMITY 
ASSESSMENT PROCEDURES 
2.1  PUBLICATIONS  
2.1.  Notices of technical regulations and co nformity assessment procedures made by the 
regulators of South African Government Departments and the NRCS are published in the South 
African Government Gazette. Notices on standard s are published monthly in the SABS Official 
Information, supplement to the SABS Bulletin, and the WTO is notified in accordance with Article 
10.6 of the TBT Agreement. G/TBT/2/Add.60/Rev.2 
 
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  2.2  Time Allowed For Comments  
2.2.  As recommend by the TBT Committee, a minimum pe riod of at least 60 days is generally 
allowed for comments before the adoption of draft technical regulations and conformity 
assessment procedures, with exception for certain cases (depending on urgency consideration) 
where this period could be extended or reduced. 
2.3  Adoption of a measure  
2.3.  Technical regulations and conformity asse ssment procedures are usually adopted after the 
consideration of comments from interested parties during the comment period and publication of 
the adopted measure in the Government Gazette. In accordance with the 2001 WTO Ministerial Decision on Implementation-related Issues and Concerns
1 and the decision of the TBT Committee, 
the period between the publication of adopted technical regulations and conformity assessment 
procedures and their entry into force, is usually a period of six months, except for measures that 
require earlier implementation for urgent legitimate reasons. 
2.4  OTHER NATIONAL AUTHORITIES AND AGENCIES: SOUTH AFRICAN TECHNICAL 
INFRASTRUCTURE INSTITUTIONS  
2.4.  Although the TBT Agreement is not directly enforceable through South African law, the 
technical infrastructure provides the essential framework for implementation of the TBT 
Agreement. The technical infrastructure also provides for the industry and government to maintain 
domestic and foreign confidence in South African goods and services. It is the key to enhancing global competitiveness. International trade could not take place without the necessary support of 
the technical infrastructure. In South Africa, the technical infrastructure institutions include: 
 the South African Bureau of Standards (SABS), which is responsible for the development of 
standards;  
 the National Regulator for Compulsory Specifications (NRCS) which administers and enforces 
compulsory specifications (technical regulations) for the right of the public to health, safety, 
environmental protection and protection against deceptive practices; 
 the South African National Accreditation Syst em (SANAS), which formally recognizes the 
technical competence of a conformity assessment services provider; and, 
  the National Metrology Institute of South Africa (NMISA), which is responsible for the 
maintenance, traceability and dissemination of national measurement standards.  
2.5.  The table below lists technical infrastructure and their contact details. 
The South African Technical Infrastructure Institutions 
Institution Mandate Contact Details 
South African 
Bureau of 
Standards (SABS) Development of Standards, tests and 
certify products against standards 1 Dr Lategan Road 
Groenkloof Pretoria 
Private Bag X191 Pretoria 0001 
Tel : +27 12 428 7911 
Fax: +27 12 428 7889 Email: wto@sabs.co.za  
Website:  
https://www.sabs.co.za  
                                               
1 WTO document WT/MIN(01)/17, 20 November 2001, para. 5.2 G/TBT/2/Add.60/Rev.2 
 
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  Institution Mandate Contact Details 
National Regulator 
for Compulsory Specifications 
(NRCS) Administer and enforce compulsory 
specifications and legal metrology technical regulations SABS Campus 
1 Dr Lategan Road Groenkloof , 
Pretoria 
PO Box: NRCS Private Bag X25, Brooklyn 
0075 
Tel: +27 12 482 8700 
Website: http://www.nrcs.org.za  
South African 
National 
Accreditation System (SANAS) Formally recognises the technical 
competency of a conformity 
assessment service provider Private Bag X23 
Sunnyside 
Pretoria 0132 South Africa 
Tel: +27 12 394-3760 
Fax: +27 12 394-0526 Website: http://www.sanas.co.za  
National Metrology 
Institute of South 
Africa (NMISA) Responsible for the maintenance, 
traceability and dissemination of 
national measurement standards Private Bag X34 
Lynnwood Ridge 
Pretoria 
0040 South Africa Tel: +27 12 841 4152 
Fax: +27 12 841 2131 
E-mail: info@nmisa.org  
Website: http://www.nmisa.org  
National Government Departments with regula tory authority through national legislation 
containing provisions that support the impl ementation and administration of the TBT 
Agreement 
National Government 
Department 
responsible Principal Legislation2 providing 
regulatory authority in support of the 
TBT Agreement Contact Details 
Department of Trade 
and Industry ( the dti ) Accreditation for Conformity 
Assessment, Calibration and Good Regulatory Practice Act, Act No. 19 of 
2006; 
Consumer Protection Act, Act No.68 of 2008; 
Measurement Units and Measurement 
Standards Act, Act No. 18 of 2006 Merchandise Mark Act, Act No. 17 of 
1941; 
National Building Regulations and Building Standards Act, Act No. 103 of 1977; 
National Regulator for Compulsory 
Specifications Act, Act No.5 of 2008 Standards Act, Act No 8 of 2008. 
Legal Metrology Act, Act No. 9 of 2014 
Intellectual Property Act No. 28 of 2013 
Gambling Act (Act No. 7 of 2004) 
 Private Bag X84 
Pretoria 0001 South Africa 
Tel: +27 12 394 9500 
Fax: +27 12 394 9501 Website: 
http://www.thedti.gov.za  
                                               
2 The principal Acts listed may have  been amended by amendment Acts.  G/TBT/2/Add.60/Rev.2 
 
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  National Government 
Department 
responsible Principal Legislation2 providing 
regulatory authority in support of the 
TBT Agreement Contact Details 
Department of 
Agriculture Forestry 
and Fisheries Agricultural Product Standards Act, Act 
No. 119 of 1990; 
Fertilizers Farm Feeds, Agriculture Remedies and Stock Remedies Act, Act No. 36 of 1947; 
Genetically Modified Organisms Act, 
Act No. 15 of 1997; Liquor Products Act, Act No. 60 of 
1989 
Plant Improvement Act (Act No. 53 of 1976) 
Plant Breeders' Rights Act (Act No. 15 
of 1976) Animal Diseases Act, 1984 (Act No. 35 of 1984) 
NRCS Act, 2008 (Act No. 5 of 2008) 
 Private Bag X250 
Pretoria 0001 
South Arica Tel: +27 12 319 6000  Fax: +27 12 319 6000 
Website: 
http://www.daff.gov.za/  
Department of Health Health Act (Act No. 63 of 1977) 
Foodstuffs, Cosmetics and Disinfectants Act, Act No. 54 of 
1972;International Health Regulations 
Act (Act No. 28 of 1974) Hazardous Substances Act, Act No. 15 of 1973; 
Medicines and Related Substances 
Control Amendment Act, Act No. 90 of 1997  
Tobacco Products Control Amendment 
Act. Act No. 12 of 1999.  NRCS Act, 2008 (Act No. 5 of 2008) 
 Private Bag X828 
Pretoria 0001 South Africa 
Tel: +27 12 395 8000 or 395 
9200 Fax: +27 12 395 9019 Website: 
http://www.doh.gov.za  
 
Department of Labour Occupational Health and Safety Act, 
Act No. 85 of 1993 
NRCS Act, 2008 (Act No. 5 of 2008) Private Bag X117 
Pretoria 0001 
South Africa 
Tel: +27 12 309 4000 or 309 5000 
Fax: +27 12 320 2059 
Website: http://www.labour.gov.za  
Department of 
Environmental Affairs National Environmental Management 
Act, Act 107 of 1998 National Environmental Management 
Air Quality Act (Act No. 39 of 2004) 
National Environmental Management Protected Areas (Act No. 57 of 2003 as amended) 
National Environment Management 
Biodiversity Act (Act No. 10 of 2004) Private Bag X447 
Pretoria 0001 
South Africa 
Tel: +27 12 399 9000 Fax: +27 12 359 3625 Website: 
http://www.environment.gov.za
 G/TBT/2/Add.60/Rev.2 
 
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  National Government 
Department 
responsible Principal Legislation2 providing 
regulatory authority in support of the 
TBT Agreement Contact Details 
Department of 
Transport National Land Transport Act, Act No. 5 
of 2009 
National Road Traffic Act, Act No. 93 of 1996 Civil Aviation Act No. 13 of 2009 
Merchant Shipping Act (Act No. 57 of 
1951) South African Maritime Safety 
Authority Act (Act No. 5 of 1998) 
National Railway Safety Regulator Act (Act No. 16 of 2002) 
NRCS Act, 2008 (Act No. 5 of 2008) 
 Private Bag X193 
Pretoria 0001 
South Africa Tel: +27 12 3093000 Fax: +27 12 328 3370 
Website: 
http://www.transport.gov.za  
Department of Energy Gas Act, Act No. 48 of 2001 
Petroleum Products Act No. 120 of 
1977 
Nuclear Regulation Act No. 47 of 1999 
Electricity Act, 1987 (Act No.41 of 
1987) 
Electricity Regulation Act No 4 of 2006 
 Private Bag X19 
Arcadia 
Pretoria 0001 South Africa 
Tel: +27 12 444 4000 or 
444 4253 Fax: +27 12 444 4502 
Website: 
http://www.energy.gov.za  
Department of 
Communications Broadcasting Act, Act No. 4 of 1999 
Electronic Communications Act, Act No. 36 of 2005 
Telecommunications Act, Act No. 13 of 
2000 Tshedimosetso House 1035 
Frances Baard & Festival Street
 
Hatfield, Pretoria 
0083 
Tel: +27 12 473 000 Website: http://www.doc.gov.za  
Department of Mineral 
Resources Mineral and Petroleum Resources 
Development Act, 2002, Act No. 28 of 
2002 Private Bag X59 
Arcadia 
0007 
South Africa Tel: +27 12 444 3000 
Website: 
http://www.dmr.gov.za  
 
Department of Water 
and Sanitation National Water Act (Act No. 36 of 
1998) Water Services Act (Act No. 108 of 
1997) Private Bag X313 
Pretoria 0001 
South Africa 
Tel: +27 12 336 7500 Fax: +27 12 336 8664 
Website: 
http://www.dwa.gov.za  
 
Department of 
Telecommunications and Postal Services Independent Communications 
Authority of South Africa Act (Act No. 13 of 2000) Private Bag X860 
Pretoria 0001 South Africa 
Tel: +27 12 427 8000 
Fax: +27 12 427 8011 Website: 
http://www.dtps.gov.za  G/TBT/2/Add.60/Rev.2 
 
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  2.6.  Some of the above listed national department s have statutory agencies that carry out specific 
regulatory functions. These activities are the administration of technical regulations, the development of technical regulations for approval by the relevant minister, participation in international standards and technical regulation activities, market surveillance, inspections and 
enforcement. The agencies include among others, the SABS, the Civil Aviation Authority (CAA), the 
South African Maritime Safety Authority (SAMSA ), the Railway Regulator (RSR), the National 
Energy Regulator (NERSA), Independent Communica tions Authority of South Africa (ICASA) and 
the Medicines Control Council (MCC).  
3  INTERNATIONAL STANDARDS AND CONFORMITY ASSESSMENT FORUMS THAT SOUTH 
AFRICA PARTICIPATES IN  
3.1.  As the first option South Africa often review s applicable international standards, such as the 
International Organization for Standardization (ISO), International Electrotechnical Commission 
(IEC), European Telecommunications Standards Institute  (ETSI), European Standards (EN), Codex 
Alimentarius and Economic Commission for Europe (ECE) Standards, for adoption as the basis for 
technical regulations. Where applicable, internat ional standards are adapted for use as national 
standards, to include national requirements for example: because of climatic and geographical 
factors or technological problems. In order to prevent unnecessary costs on business, only those 
parts that represent the minimum necessary requir ement to fulfil the legitimate objective are 
used. All standards prepared are non-mandatory except those which are incorporated into technical regulations of the regulatory authorities for public health and safety and the environment.  
3.2.  The SABS has accepted the Code of Good Practice for the Preparation, Adoption and 
Application of Standards contained in Annex 3 of  the WTO TBT Agreement and publishes the status 
of its standardization programme at intervals of six months (April, October) as required under the 
Code, free of charge. 
3.3.  South Africa participates in the followin g international standards and conformity assessment 
activities in support of technical regulations: 
International Standards Committees Participation by 
Department or others Products 
Codex Alimentarius Commission and Food 
Safety Standards (CODEX) Health, Agriculture, forestry 
and Fisheries and NRCS Food Safety, 
pesticides, 
GMO's 
World Health Organisation (WHO) Health Pharmaceuticals 
International Atomic Energy Cooperation 
(CHIC) Health and Energy Medical Devices 
and Energy provision 
Cosmetic Harmonisation and International Cooperation (CHIC) Health  Cosmetics 
Global Harmonisation Task Force (GHTF) Health and SABS Medical Devices 
United Nations Dangerous Goods Technical 
Committee Transport and SABS Dangerous 
goods packaging  
International Civil Aviation Organisation (ICAO) Transport and CAA (Civil 
Aviation Authority) Aviation Safety 
International Conference on Harmonisation 
(ICH) Health Pharmaceuticals 
for human use 
International Labour Organisation (ILO) Labour and SABS Chemical 
hazards labelling  
Veterinary International Conference on Harmonisation Agriculture, Forestry and 
Fisheries Veterinary drugs
 
OECD Joint Committee on Chemicals the dti and SANAS New and 
existing 
chemical classifications, 
etc G/TBT/2/Add.60/Rev.2 
 
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  International Standards Committees Participation by 
Department or others Products 
International Electro-Technical Committee 
(IEC) Labour and SABS Electric and 
Electrical 
Products 
UN GHS for Chemicals Sub committee Labour and SABS Global 
Harmonized 
System for 
Chemicals 
International Telecommunication Union (ITU) Communications and ICASA Telecommunicati
on Services 
UNECE Working Party 29 the dti and NRCS Automotives and 
components 
3.4.  South Africa maintains the international recognition of its Standards, Accreditation and Metrology infrastructure through active participation in appropriate international conformity assessment forums.  
International conformity assessment 
forums Participated by Coverage 
International Accreditation Forum (IAF) SANAS  Certification of 
systems –ISO 9000, 
ISO 14 000, HACCP 
International Laboratory Accreditation Cooperation (ILAC) SANAS Testing and Inspection 
International Organisation of Legal 
Metrology (OIML) NRCS Measurement 
instruments 
Bureau International des Poids et 
Mesures (BIPM) NMISA Measurement 
standards 
OECD Chemicals Programme  SANAS GLP 
ISO Committee of Conformity assessment (CASCO) SANAS and SABS Conformity 
assessment 
3.5.  In respect of the mutual recognition of conformity assessment procedures in the voluntary 
sphere, South Africa can inform the TBT Committee that the South African National Accreditation System (SANAS) has a mutual recognition agreement in respect of testing and calibration with the 
European Accreditation of Laboratories Cooper ation (EAL). SANAS is also active within the 
International Laboratory Accreditation Cooperation (ILAC) as well as the International Accreditation Forum (IAF). 
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