WORLD TRADE  
ORGANIZATION   
G/TBT/2/Add.18/Rev.1/Suppl.1
9 January 2012 
 (12-0061) 
Committee on Technical Barriers to Trade Original: Spanish 
  
 
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT 
ON TECHNICAL BARRIERS TO TRADE 
 
Communication from Colombia 
 
Supplement 
 
  The following communication, dated 6 January 2012 , is being circulated at the request of the 
delegation of Colombia. 
 
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  In accordance with Article 15.2 of the WTO Agreement on Technical Barriers to Trade (TBT Agreement) and the transparency  commitments undertaken by Colombia, the 
Government of the Republic of Colombia hereby  informs the Committee on Technical Barriers to 
Trade of the measures relating to metrology, tec hnical regulations and conformity assessment, as well 
as that on the implementation and administration of the TBT Agreement, as follows.   On 12 October 2011, the National Government issued Law No. 1480 "Enacting the status of 
consumer and setting out other provisions", including the following: 
ARTICLE 5:  Definitions 
1. Quality:  Condition in which a product compli es with its inherent characteristics and those 
attributed in the information provided thereon;  (…)  3. Consumer or user.  Any natural or legal pers on who, as the final recipient, acquires, benefits 
from or utilizes a specific product, irrespective of its na ture, in order to meet personal, private, family, 
household or business needs when this is not intr insically linked to their economic activity.  
The concept of consumer shall also include the user.  (…)  7. Information:  Any content or form describ ing the nature, origin, method of production, 
components, uses, volume, weight or measurement, price, instructions for use, properties, quality, 
suitability or quantity or any other relevant specifica tion or reference relating to the products offered 
or put up for sale, as well as any risks its consumption or use may entail;  (…)  8. Product:  Any good or service; 
 
9. Producer:  Any person who habitually, direc tly or indirectly, designs, produces, manufactures, 
assembles or imports products.  Any person who d esigns, produces, manufactures, assembles or 
imports products subject to a tec hnical regulation or sanitary or phytosanitary measure shall also be 
deemed to be a producer.  G/TBT/2/Add.18/Rev.1/Suppl.1 
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  11. Supplier or retailer:  Any pe rson who habitually, directly or  indirectly, offers, supplies, 
distributes or markets products, whether or not for profit;  (…)  14. Safety:  Condition of the product according to  which, when used normally, taking into 
account the duration, the information provided a ccording to this Law and, where applicable, 
activation, installation and maintenance, the product does not present unreasonable risks for the health 
or personal safety of consumers.  Where a product does not meet the safety requirements laid down in 
the technical regulations or sanitary meas ures, it shall be deemed unsafe.  (…) 
 17. Defective product means any ta ngible or intangible property which, because of faulty design, 
manufacture, construction, packaging or informati on does not afford the reasonable safety to which 
every person has the right.  (…)  ARTICLE 6.  Quality, suitability and safety of products.  Producers shall guarantee the suitability 
and safety of the goods and services they supply or pl ace on the market, as well as the quality offered.  
These may under no circumstances be less than or contrary to t hose prescribed in the technical 
regulations and sanitary or phytosanitary measures. 
 Failure to comply with this requirement shall give rise to the following: 
  1. Joint liability of the producer and suppl ier through the guarantee given to consumers. 
 
 2. Individual administrative liability vis-à-vis  the supervisory and control authorities 
according to this Law. 
  3. Liability for injury caused by the defective product, according to this Law. (…)  
ARTICLE 17.  Special obligation.  Without prejudice to the obligation to show compliance with the 
technical regulations and the provisions in specific standards, before placing on the market or importing products subject to techni cal regulations, producers shall inform the control authority of the 
following:  the name of the producer or importer a nd of their legal representative or agent resident in 
Colombia and the address for the purpose of notifica tion, together with any additional information 
determined by those responsible for regulating the product. 
 
 The National Government shall define those cases in which the producer or importer shall, in 
addition to complying with the above requireme nt, maintain a retail outlet in Colombia. 
  The bodies responsible for controlling technical re gulations shall compile and keep a register 
of the information referred to in this Article. 
  Paragraph.  In cases of violation of a sanitary or phytosanitary measure or a technical regulation, it shall be assumed that the good is defective.  (…)  ARTICLE 23.  Minimum information and liability.  Suppliers and producers shall provide 
consumers with clear, truthful, adequate, timely, verifiable, understandable, precise and appropriate 
information on the products they offer and, withou t prejudice to the provisions on defective products, 
shall be liable for any injury resulting from inadequate  or insufficient information.  In any event, the 
minimum information shall be in the Spanish language.  
 Paragraph.  With the exception of those tr ansactions or products subject to compulsory 
measurement or calibration prescribed in a legal pr ovision or metrological technical regulation with 
regard to adequacy or quantity, wastage in rela tion to the declared weight or volume of products 
whose nature may cause variati ons shall be permitted.  (…)  G/TBT/2/Add.18/Rev.1/Suppl.1 
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ARTICLE 24.  Content of the information.  The minimum information shall include the following: 
 1. Without prejudice to special regulations, producers shall supply the following information as 
a minimum: 
1.1 Instructions for the proper use or consumpti on, conservation and installation of the product or 
use of the service; 
 1.2 Quantity, weight or volume, where applicable .  The units utilized shall correspond to those 
laid down in the International System of Units  (SI) or the customary units of measurement 
provided in this Law; 
 1.3 The date of expiry, where relevant.  In the case of perishable goods, the date of expiry shall be 
clearly indicated, without any alteration of any sort, on their labels, wrapping or packaging in 
a manner consistent with their size and presenta tion.  The Government shall regulate this 
aspect. 
 1.4 Specifications of the good or service.  Where the competent authority requires special 
technical specifications, these shall be included in the minimum information.  (…) 
 ARTICLE 25.  Special conditions.  Without prejudice to the provisions in specific standards, in 
technical regulations or sanitary measures, in th e case of products whose nature or components are 
harmful to health, their harmful effects and the condi tions or indications needed for their proper use, 
as well as any counter-indications, shall be clearly indicated in perfectly legible characters either on their labels, their wrapping or packaging or in an annex included therein.  (…)  ARTICLE 59.  Administrative powers of the Supervisory Au thority for Industry and Trade (…)  
 
5. With the exception of the responsibilities en trusted to other authorities, determine the 
information to be indicated on specific products, the fo rm in which it is to be provided, together with 
the requirements to be met, where there is a risk fo r human, animal or plant health or life and safety, 
or where it is necessary to prevent practices that may mislead consumers.  (…) 
 
8. Where there are serious indications that the pr oduct is harmful to consum ers' health or safety 
or does not comply with the technical regulation, issue the necessary orders for the immediate and 
precautionary suspension or production or marke ting of the products for a period of up to 
sixty (60) days, which may be extended by an equal period, during which the corresponding 
investigation shall be conducted.  (…) 
 18. Where a product may endanger the life, hea lth or safety of consumers, determine the 
minimum quality and suitability requirements for specific goods and services while the corresponding technical regulations are being issued.  (…)  
ARTICLE 61.  Sanctions.  The Supervisory Authority for Industry and Trade may, following an 
administrative investigation, impose the sanctions  provided in this Article for reasons of 
non-compliance with the rules laid down in this La w, the technical regulations, the legal metrology 
standards, instructions and orders issued in exerci se of the powers attributed to the Authority by this 
Law.  (…) 
Paragraph 30.  Fifty per cent (50 per cent) of the penalties imposed by the Supervisory 
Authority for Industry and Trade and the Supervisor y Authority for Finance in exercise of their 
administrative and jurisdictional responsibilities fo r protecting consumers, including those imposed G/TBT/2/Add.18/Rev.1/Suppl.1 
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  for non-compliance with technical regulations, (…) shall be credited to the budget of each 
Supervisory Authority.  (…) 
ARTICLE 62.  Powers of magistrates.  In their respective jurisdictions, magistrates shall have the 
same administrative powers for control and monitori ng as the Supervisory Authority for Industry and 
Trade. 
Within their jurisdictions, magistrates shall al so have powers in relation to legal metrology. 
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TITLE IX 
 
ASPECTS CONCERNING THE NATIONAL QUALITY SUBSYSTEM 
 
CHAPTER I 
 
Metrology 
 
ARTICLE 68.  Legal units of measurement.  In accordance with the relevant Andean regulations, 
legal units of measurement include the following: 
1. The SI units adopted by the General Conf erence on Weights and Measures of the BIPM and 
recommended by the International Orga nization of Legal Metrology (OIML); 
 
2. The multiples and submultiples of the SI and their symbols, which shall comply with the 
recommendations of the Metre Convention and of international standardization organizations; 
 3. The units used for quantities not covered by the SI, determined by the Supervisory Authority 
for Industry and Trade, preferably based on international technical standards;  and 
 4. The customary units determined by the S upervisory Authority for Industry and Trade. 
  Paragraph.  While the Supervisory Authority fo r Trade and Industry is determining the legal 
units of measurement referred to in this Article, those in effect at the date of entry into force of this 
Law shall apply. 
 ARTICLE 69.  Customary units of measurement.  The customary units of measurement may 
include specific units for special applicati ons and required for the following reasons: 
 
1. International trade requirements; 
 2. Special uses such as air or sea naviga tion, health or military applications; 
 3. Scientific research;  or  
4. Safety. 
 
The possibility of maintaining or using the customary units of measurement shall be reviewed 
periodically by the Supervisory Authority for Industry and Trade.  G/TBT/2/Add.18/Rev.1/Suppl.1 
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  ARTICLE 70.  Metrological fees.  The Supervisory Authority for Industry and Trade or the 
governmental authority replacing it shall determine the fees for the metrological services provided, including calibration, initial and subsequent verification, training programmes and technical 
assistance services. 
The fees shall be levied in th e name of the Supervisory Authority for Trade and Industry or 
the governmental authority replacing it;  the amount of the fee shall be paid in advance by the person 
requesting the service, with the exception of those entities to which the General Statute on 
Government Procurement applies, in which case th ey shall be subject to the rules therein. 
The fees determined shall seek full or partial r ecovery of the costs incurred in providing the 
metrological services. 
In order to define the costo básico (CB) (basic cost), all operating costs, including 
amortization, depreciation or obsolescence of the metrological equipment used for the respective 
service, shall be taken into account, according to the technical rules set out below: 
The fees determined shall seek full or partial r ecovery of the costs incurred in providing the 
metrological services; 
(a) Preparation and harmonization of flowcharts for the various processes in order to 
establish and determine the work plan for each service. 
(b) The cost of the materials, inputs, su pplies, personnel on mission and costs which 
indirectly affect the conduct of each of th e processes indicated in subparagraph (a) of 
this Article.  This cost shall be directly  related to the number of services provided and 
the time, method and place of supply of the service in order to determine costs for the 
supply of services at headquarters or outside ( in situ ).  The following shall be 
considered the minimum for such costs: 
(i) The materials used in laboratory testing; 
(ii) A percentage of general administrative costs, the cost of the administration's 
human resources and the total cost of maintaining the equipment needed for 
each of the processes and procedures defined in the preceding subparagraph; 
(iii) All the inputs, material, supplies and administrative costs described in the 
preceding subparagraph shall be quantified in market price terms for each of the processes and procedures defined in subparagraph (a). 
(iv) The human resources used directly to pr ovide the service shall be quantified, 
using as a basis the wages defined in the salary scale of the SIC or the 
government authority replacing it for the purpose of carrying out 
metrological functions, together with  the contracts concluded for this 
purpose. 
(v) The value of depreciation of the equipm ent used to provide the service shall 
be quantified on the basis of the time specifically dedicated to the process 
defined in subparagraph (a) of this Article. 
The Valor de Comparación Internacional (VCI) (international comparison value) shall be the 
value of the external service calculated for the serv ices defined in the first paragraph of this Article.  
The cost of freight, packaging an d other transport-related costs for external access to a service which G/TBT/2/Add.18/Rev.1/Suppl.1 
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  provides equally good technical conditions, in confor mity with the market survey to be conducted 
every two (2) years for this purpose by the Superv isory Authority for Industry and Trade or its 
replacement, shall be taken into account.  The CB sh all be adjusted according to the VCI defined in 
this paragraph in such a way that it shall not be 10 per cent more or less than the VCI estimated in 
Colombian pesos. 
In order to define the costos de desplazamiento (CD) (travel costs) for services in situ, the 
cost of per diem and transport costs for the special  officials providing the service shall be taken into 
account, together with the cost of the fees and techni cal services provided by external experts, freight, 
packaging and insurance of the equipment used specifically to provide the service. 
The amount of the metrology fee shall be expressed in terms of the Salario Minimo Mensual 
Legal Vigente (SMMLV) (minimum legal monthly wage) or the Salario Minimo Diario Legal 
Vigente (SMDLV) (minimum legal daily wage) and shall the sum of the CB and the CD. 
Paragraph 1:  For the national or local metrological control authorities, zero per cent (0 per 
cent) of the CB shall be applied per number of calibrations carried out annually, which shall be 
defined and scheduled by the Supervisory Authority for Industry and Trade or by its replacement, as 
the national scientific and industrial metrology authority. 
Paragraph 2.  Where it is necessary to move personnel, equipment and supplies in order to 
provide a service in situ to the bodies indicated in the preceding paragraph, the national or local 
metrological control authority shall pay the CD incurred. 
Paragraph 3.  Where the metrological functions referred to in the first paragraph of this 
Article are transferred to another national government authority, the latter shall apply the rules above. 
ARTICLE 71.  Legal metrology responsibilities.  Any person using or maintaining standard 
measuring equipment subject to mandatory technical  regulations or metrological standards shall be 
responsible for carrying out or allowing the respec tive regular or random checks of the equipment 
used or maintained, as provided in the regulations.  Producers, retailers or persons leasing or repairing 
measuring equipment and standards shall comply with  the initial control standards and shall carry out 
or allow the aforementioned metrological c ontrols of their equipment and facilities. 
It is assumed that the measuring instruments or  standards in retail outlets are used for the 
commercial activities that take place there.  It is also assumed that pre-pack aged goods are ready for 
marketing and sale. 
CHAPTER 2.  Technical Regulati ons and Conformity Assessment 
ARTICLE 72.  Technical regulations.  Where any legal or regulatory provision refers to "official 
technical standards" or "mandatory official tec hnical standards", these expressions shall be replaced 
by the words "technical regulations". 
In accordance with the provisions in the Agre ement on Technical Barriers to Trade of the 
World Trade Organization (WTO) and other commi tments undertaken with Colombia's trading 
partners, any technical regulation that has not been  certified by Colombia's enquiry point for the WTO 
may not be published in the Official Journal. 
ARTICLE 73.  Liability of conformity assessment bodies .  Conformity assessment bodies shall be 
liable for the assessment services provided in relation to conformity assessment certificates or documents issued.  Persons assessing conformity shall not be liable where the elements, processes, systems or other conditions assessed  have been modified by the pe rson subject to the assessment and  G/TBT/2/Add.18/Rev.1/Suppl.1 
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  there is a causal link between these modifications and the injury caused.  Without prejudice to any 
fines that may be imposed, persons assessing conformity shall be liable vis-à-vis  consumers for the 
conformity assessment service carried out in respect of a product subject to a technical regulation or sanitary measure if they have acted fraudulently or negligently. 
Paragraph.  On any product, advertising or information sta ting that a product or process has 
been certified or assessed, in accordan ce with this Law, the scope of the assessment, the conformity 
assessment body and the entity that accredited the assessment body shall be indicated. 
ARTICLE 74.  Supervisory and control powers of the Supervisory Authority for Industry and 
Trade .  In exercising its supervisory and control powers in respect of a particular technical regulation 
for whose monitoring it is responsible, the Superv isory Authority for Industry and Trade may impose 
the measures and sanctions provided in this Law on any person assessing conformity who violates the 
technical regulation. 
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