WORLD TRADE  
ORGANIZATION  G/TBT/2/Add.18/Rev.1 
5 July 2005 
 
 (05-2914) 
Committee on Technical Barriers to Trade Original:   Spanish 
  
 
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE 
 
Communication from Colombia
 
 
Revision  
   The following communication, dated 30 June 2005,  is being circulated at the request of the 
delegation of Colombia
. 
 
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   The following updated statement under Article 15.2 of the Agreement has been received from 
the delegation of Colombia. 
 
1. The Ministry of Trade, Industry and Touris m has overall responsibilit y on behalf of the 
Government of Colombia for the implementation of  the Agreement on Technical Barriers to Trade.  
Representations concerning Colombia's implem entation of the Agreement and requests for 
consultation should be addressed to: 
  Ministerio de Comercio, Industria y Turismo 
  Dirección de Regulación (Regulation Directorate)   Calle 28 No. 13 A – 15   Bogota, D.C.   Colombia   Tel.:  (571) 2410478 
  Fax:  (571) 2410480 
  Email:  ramonm@mincomercio.gov.co  2. On 3 February 2003, the National Government  issued Decree Law No. 210 "determining the 
objectives and organizational structure of the Minist ry of Trade, Industry and Tourism, and issuing 
other provisions." 
 The Regulation Directorate of the Ministry  of Trade, Industry and Tourism manages, 
coordinates and administers Colombia's contact point for standardization, tec hnical barriers to trade, 
sanitary and phytosanitary measures and conformity asse ssment procedures. It is also responsible for 
administering and updating the national information system on technical regulations and mandatory 
national and international standards.  The Directorates' activities are: 
 
(a) To centralize information on technical standards, technical regulations and 
conformity assessment procedures; 
(b) to provide relevant information upon request; G/TBT/2/Add.18/Rev.1 
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 (c) to notify to competent bodies any matters re levant to the establis hment of technical 
standards, technical regulations and conf ormity assessment procedures, in accordance 
with the provisions of inte rnational trade agreements; 
(d) to deal with queries about standardi zation measures and conformity assessment 
procedures addressed to Colombia pursuant to the international agreements it has 
signed, and to take them up with the co mpetent national and international bodies. 
Colombia's national enquiry point is: 
   Ministerio de Comercio, Industria  y Turismo – Dirección de Regulación 
  Address: Calle 28 No. 13A – 15. Piso 4 
  Bogotá D.C. – Colombia 
  Telephone:  (57 1) 6067676 Ext. 1690   Fax:   (57 1) 2410480   Email:   danielrico@mincomercio.gov.co   Web:   www.mincomercio.gov.co 
 
3. The Colombian Government's policy on regula tion, set out in National Government Decree 
No. 2360 of 6 November 2001, encourages transparency .  The policy was designed to ensure that the 
use of the government's regulatory powers results in  the greatest net benefit to Colombian society.  
The regulatory authorities must accordingly ensure that: 
 (1) The technical regulation is necessary to achieve at least one of the following 
objectives: 
   1.1 Eliminate or adequately prevent a risk  to health, hygiene or environment or to 
   plant or animal life or health;  
 1.2 eliminate or adequately prevent risks to national security;  or 
   1.3 prevent misleading practices.   (2) The technical regulation affords to pr oducts from any Member State of the World 
Trade Organization treatment no less favourable than that it affords to domestic 
products or products from another State.  Products from countries with which 
agreements or treaties other than the Worl d Trade Organization have been concluded 
will be treated as prescribed in such agreements or treaties. 
  (3) The group or sector of persons or companies that would be affected by the technical 
regulation, and the extent to which they would be affected, have been determined. 
  (4) The consequences of the occurrence of the risks would be irreversible, or the cost of 
implementing, enforcing and assessing the c onformity of the te chnical regulation 
bears a reasonable relation to the costs that would be incurred in repairing or compensating for the damage that would be  caused by the occurrence of the risks the 
regulation seeks to eliminate or prevent. 
  (5) Of all the options for eliminating or adequately preventing the risk, the technical 
regulation is the one that generates the lowest costs in terms of adoption, implementation and conformity assessment. 
  G/TBT/2/Add.18/Rev.1 
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  (6) The manufacture, importation, marketing or use of a given product, the provision of a 
service or the application or implementation of a process is prohibited only if it is not 
possible to adopt a technical regulation whic h eliminates or adequately prevents the 
risk it covers and at the same time meets th e other requirements set in the above law. 
 
 (7) The technical regulation is based on inte rnational standards that exist or that are 
shortly to be issued or on Colombian te chnical standards based thereon, unless such 
standards are ineffective or inappropriate for achieving the objectives set in (1) above, 
in which case the technical regulation w ill be supported by recognized scientific 
evidence. 
 
 (8) The technical regulation guarantees that it is technologically viable and generates no 
significant restrictions to trade or to competition. 
  (9) The conformity assessment methodology is compatible with available infrastructure 
or infrastructure that could reasonably become available within a reasonable period of 
time.  Where necessary, the technical regulation also provides for a period of time to make the adjustments required for its application. 
  (10) The technical regulation is consistent with regulations governing the production chain 
concerned and repeals any technical regulations and mandatory Colombian official 
technical standards that impose requirements on the same product, services or 
processes for the purpose of controlling the sa me risks, particularly any regulations 
with which it would conflict. 
 4. The regulatory policy sets out requirements on how  regulations are to be developed.  It 
specifically requires regulators to comply with Colomb ia's international obligations, particularly those 
established in the Agreement on Technical Barriers to  Trade.  Technical regulations must specify the 
following: 
 (1) Object
.  The purpose of the technical regulation: 
  (2) Scope
.  List of the products, services, processes and/or types of product, service or 
process to which the technical regulation will apply. 
  (3) Specific content of the technical regulation
: 
 
1.1 Such definitions as are needed for proper interpretation of the technical 
regulation. 
 
1.2 Detailed requirements to be met by the product, service or process. 
 
1.3 A conformity assessment procedure setting out the methods and conditions 
for the tests that the product, service or process must undergo in order to be 
deemed in conformity with the require ments in 1.2 above;  and the requisite 
document, certificate, register or declaration showing conformity. 
  (4) The supervisory body
 competent for monitoring compliance with the technical 
regulation. 
 
 (5) Where applicable, the tariff line  of the product must be specified. 
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  (6) Review and updating
:  Time-frame must be set for re view of the circumstances that 
prompted the technical regulation, to ascerta in whether they still exist, have changed 
or have disappeared and to update or revoke  the regulation accordingly.  The period 
set may not be longer than five years from the date of entry into force. 
 
 (7) If the technical regulation is based on or incorporates standards, the updating or 
amendment of the latter will not affect the technical regulation.  However, within a year of any variation in a standard, the t echnical regulation must be reviewed by the 
body that issued it. 
 
 (8) Repeal
.  Any technical regulations or mandato ry Colombian official standards that 
are repealed or cease to be mandatory must be stated. 
  (9) Period of validity
.  Date from which the technical regulation is to be enforced. 
 
 (10) Penalties .  The technical regulation must state the penalties which are established by 
law for breach of its provisions and wh ich will be imposed by the competent 
supervisory body in accordance with its legal authority. 
 
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