. /.   WORLD TRADE  
ORGANIZATION  G/TBT/W/316 
10 June 2009 
 (09-2810) 
Committee on Technical Barriers to Trade Original: English 
  
 
WORK PROGRAMME TO EVALUATE THE TRADE RESTRICTIVE AND TRADE 
DISTORTIVE EFFECTS OF TECHNICAL REGULATION 
FIFTH TRIENNIAL REVIEW PROPOSAL 
Communication from Republic of Korea
 
   The following communication, dated 8 June 2009, is being circulated at the request of the 
delegation of Republic of Korea
. 
 
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 I. BACKGROUND 
1. During the first G-20 Summit held in Washington D.C. in November 2008, global leaders 
shared serious concerns over trade protection meas ures that could provoke retaliatory actions and 
hamper prompt economic recovery. The leaders conse quently agreed to work together to refrain from 
taking protectionist measures. Furthermore, earlier this year in London, the G-20 Leaders re-affirmed 
their commitments made at the Washington Summit.  
2. However, with respect to technical regulations, it is noteworthy that WTO members have 
reported more technical regulations in recent years.  In 2008, 1,251 technical regulations were notified 
to the Committee on Technical Barriers to Trade (the “TBT Committee”), a 21 percent increase from 
2007.  Further, during the first quarter of 2009, 477 t echnical regulations were notified, an increase of 
more than a 30 percent compared to the corresponding period in 2008. Moreover, in the “Report to the 
TPRB from the Director-General on the Financial and Economic  Crisis and Trade-Related 
Developments,” several technical regulations were registered as trade measures with a possibly trade 
restrictive effect.  
3. The increasing number of TBT notifications in itself does not necessarily suggest that 
unnecessary technical barriers are expanding among members. Members’ enhanced awareness of notification requirements under the Agreement on Technical Barriers to Trade (the “TBT 
Agreement”) may have also contribu ted to the increase in notifications. At the same time, it would be 
unfair to say that all notified technical regulations are trade restrictive.  
4. However, Korea believes that the increasing num ber of technical regulations may indicate a 
higher possibility of trade restrictive and trade distortive barriers among Members. Particularly, the 
current period of economic crisis may heighten  domestic pressure, making it more likely that 
Members will resort to protectionist measures. 
5. In contrast to other non-tariff measures, which are tightly regulated under the relevant WTO 
rules and disciplines, technical regulations can be  easily introduced because the current WTO rules 
grant domestic authorities more discretion in this area. Furthermore, the adverse impact of technical G/TBT/W/316 
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  regulations tends to be amplified with the effect  of multiple border crossings, which have resulted 
from greater use of global networks of  production in international trade.  
II. PROPOSALS 
6. Therefore, Korea proposes that the TBT Committ ee establish a work programme to evaluate 
the trade restrictive and trade di stortive effects caused by technical regulations. The proposed work 
programme includes the following:  
(a) The WTO Secretariat should undertake a comprehensive analysis on the current 
status and cause of the increased technical regulations and their trade effects in 
quantitative terms as far as practical.  
(b) With the result of the analysis conduc ted by the WTO Secretariat, the TBT 
Committee should, if necessary, establis h a working group for the purpose of 
reviewing the analysis, developing recommendations to Members to address the trade 
restrictive effects of technical regulations, and reporting the results of its work to the TBT Committee. 
III. CONCLUSION 
7. Korea proposes that the TBT Committee establish and implement a work programme stated 
above in accordance with Articles 13. 2 and 15.4 of the TBT Agreement. 
8. Korea welcomes comments from Members with regard to the above proposal at the 
Committee’s discussion of substantive propo sals for the Fifth Triennial Review.  
 
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