G/TBT/W/460  
 
23 February 2018  
(18-1177) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  PROCEDURES  UNDER THE TBT COMMITTEE  
 EIGHTH TRIENNIAL REV IEW  
Submission from Brazil  
 
The following communication, dated  23 February 2018 , is being circulated at the request of the 
delegation of Brazil . 
 
_______________  
 
 
On the occasion of the Eighth Triennial Review of the Agreement on Tec hnical Barriers to Trade 
(TBT) , Brazil would like to share  some  suggestions for enhancing notification procedures under the 
TBT Agreement.  
 
1  BACKGROUND  
1.1.  One of the cornerstones of WTO Agreements is transparency , which is based upon, among 
others factors, notification requirements. Notif ications provisions in the TBT A greement ensure that 
basic factual information regarding each Member´s intentions to regulate, as well as the possible 
trade implications of the new measures , are shared with Members , giving trading partners an 
opportunity to make  comments at an early stage  either bilaterally or at the TBT Committee.   
1.2.  The notification  system in the TBT Committee is one of its most important functions , with 
thousands of notifications made in the last two decades. However, to reach its full potential of 
allowing countries to c omment on notification s on a timely and efficient manner , it is necessary 
that Members fully comply with all notification conditions, starting with notifications being made 
under the adequate agreement .  
1.3.  It has been noticed that some of the measures notified are not related only to the TBT 
agreement, but  could also fall under the p urview  of the SPS Agreement. As the TBT and SPS 
agreements regulate similar areas, identifying the scope under which a specific measure falls is not 
always a clear -cut issue . Moreover , many measures have  more than one objective and end up 
being subject to the disciplines of both  agreements.  
1.4.  This document seeks to make a contribution to improve the notification system and initiate a 
discussion on where to notify measures not clearly fitting only one Committee.  Brazil understands 
that notification practices under the TBT Agreement could be discussed in the current revision, as 
they are affecting countries ´ ability to react, comment , and adapt  to new regulatory measures.   
2  JUSTIF ICATION  
2.1.  When a notification does not fall within the scope of the TBT A greement only, Members ' 
resources that process and distribute notifications expend valuable time analyzing and redirecting 
it to the bodies or persons responsible for that specific kind  of measure. For instance, if a 
notification is about protection of animal health from risks arising from the entry of diseases, as 
stated in the SPS Agreement, even if related only to  administrative procedures, it may fall under G/TBT/W/460  
 
- 2 - 
 
  the responsibility of non -TBT related agencies/entities  in some countries, but which  would  only get 
acquainted with the notification at a later stage.  
2.2.  Considering that each country adopts a specific institutional framework for analyzing 
comments on TBT and SPS measures, and taking into account that time schedules for comments 
are usually short, Brazil is convinced  that a discussion to address the adequat e agreement under 
which a measure should be notified is necessary. To anchor this discussion, the specific proposal 
below is presented.  
3  PROPOSAL  
3.1.  Without prejudice to the rights and obligations of Members  under other Committees, Brazil 
suggests that , when ever a measure may fall under the TBT and the SPS agreement , Members 
should  notify that measure in both Committees.  
3.2.  In line with the above, and taking into account the challenges arising from defining whether a 
measure falls within the scope of one or both Agreements, Brazil proposes that a joint session of 
the SPS and TBT committees should be held to address this cross -cutting issue and elaborate 
practical guidelines for notifications .  
 
__________