WORLD TRADE  
ORGANIZATION  G/TBT/W/305 
12 March 2009 
 (09-1252) 
Committee on Technical Barriers to Trade Original:   English 
   
DECISION OF THE COMMITTEE ON PRINCIPLES FOR THE DEVELOPMENT  
OF INTERNATIONAL STANDARDS, GUIDES AND RECOMMENDATIONS  
WITH RELATION TO ARTICLES 2, 5 AND ANNEX 3 OF THE AGREEMENT 
(G/TBT/1/REV.9 ANNEX B):THE EXPERIENCE OF THE UNITED STATES 
 
Submission by the United States
 
 
 
 The following communication, dated 12 March 2009, is being circulated at the request of the 
delegation of the United States . 
 
_______________ 
 
 
I. INTRODUCTION 
1. The WTO Agreement on Technical Barriers to Tr ade ("TBT Agreement" or the "Agreement") 
recognizes the important contribution that interna tional standards, guides, and recommendations can 
make in facilitating trade.  Worldwide use of an international standard facilitates trade by enabling 
economies of scale in production, allowing low-cost global sourcing of inputs, and permitting greater product acceptance across countries.  The Agreemen t also cites the contribution international 
standards can make to greater efficiency of productio n and to the transfer of technology.  International 
standards that are responsive to  global market and regulatory needs, embody technical merit, and 
embrace technological innovation can promote greater economic efficiency, which can lead to higher 
rates of economic growth.   
2. To realize these potential gains, the Agreem ent encourages the development and use of 
international standards, including as a basis for technical regulations and conformity assessment 
procedures and through greater participation in inte rnational standardization activities.  In the First 
Triennial Review, Members discussed the difficulties and problems that they encountered related to 
the use of international standards and participati on in their development.  In the Second Triennial 
Review, Members sought to improve the quality of standards and the effective application of the 
Agreement through a Committee Decision comprising six principles.
1  These six principles are:  1) 
openness, 2) transparency, 3) impartiality and c onsensus, 4) relevance and effectiveness, 5) 
coherence, and 6) the development dimension .  These principles were designed to clarify the concept 
of international standards and advance the objectives of the Agreement.    
3. In adopting the Committee Decision, the Committe e noted in G/TBT/9 that the dissemination 
of its principles by Members, as well as by sta ndardizing bodies in their territories, would encourage 
the various international bodies to clarify a nd strengthen their rules and procedures on the 
development of standards.  The Committee al so noted the importance of standards bodies 
                                                      
1 Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/Rev.9, 
Annex B  (Decision of the Committee on Principles for the Development of International Standards, Guides and 
Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement).  G/TBT/W/305 
Page 2  
 
  implementing procedures aimed at identifying and reviewing existing standards, to ensure their 
continued fitness for use.  The Committee invited re gular updates from its from its standardizing body 
observers on their activities, including on ways in which they were seeking to ensure effective 
participation of Members in international standards development, particularly of developing countries. 
II. OBSERVATIONS ON THE COMMITTEE DECISION 
4. The United States strongly supports the shared vision of WTO Members on the role of 
international standards development in internati onal trade reflected in the TBT Agreement and the 
Committee Decision.  Particularly given the prominen t role of international standards in Articles 2.4 
and 2.5 of the TBT Agreement, the Committee has an ongoing interest in matters relating to the 
preparation, adoption, and application of interna tional standards in promoting achievement of the 
Agreement’s objectives.   
5. Nine years on, what has been the influence of the Committee Decision and how has it helped 
to achieve the shared vision of WTO Members on the role of international standards outlined above?  
The United States would like to share several observa tions on our experience for consideration by the 
Committee.  We are interested in the ex periences of other Members on these matters. 
A. P
ROMOTING HARMONIZATION AND INNOVATION  
6. In 1999, an OECD study referenced an estimat e that 80 percent of trade is affected by 
standards or associated technical regulations.2  Product-related environmen tal and safety requirements 
have expanded markedly since that study, and the global economy has become increasingly more 
integrated.  The percentage of trade in goods affected by standards and conformity assessment 
requirements is now very likely much higher than the 1999 estimate, as is the average number of 
standards and conformity assessment requirements us ed throughout the value chain to produce a final 
product.  In shaping policies to promote the developm ent and use of relevant international standards, 
WTO Members interested in advancing the objectives  of the TBT Agreement should take into account 
the sheer number and variety of standards in use in global commerce and regulation, their highly technical nature, and the speed with which they must  adapt to technical innovation.  More than ever, 
"international standards need to be relevant and to effectively respond to regulatory and market 
needs as well as scientific and technologi cal developments in various countries " (G/TBT/9, Annex 4, 
paragraph 10).   
7. Not surprisingly, U.S. stakeholders are ex tremely active in international standards 
development – in international intergovernment al organizations such as the International 
Telecommunication Union and Codex Alimentarius, and in private sector international standards 
bodies with national standards body based represen tation such as International Organization for 
Standardization ("ISO") and International Electro technical Commission ("IEC").  U.S. technical 
experts also are directly represented in the work  programs of other private sector international 
standards developing organizations, as well as in the growing number of other international forums, 
some of which are producing globally-relevant consensus standards in highly technical, sector-
specific areas.  In all of these, we believe the principles contained in the Committee Decision provide 
a model to which all standardizing activity should follow in order to be globally relevant.   
8. Full application of the six principles of the Committee Decision promotes the development of 
standards that should be considered "international. "  In the United States, where the majority of 
international standards development is housed in private sector organizations, the Committee 
Decision principles have provided an important ince ntive to further "internationalize" standardizing 
activities, including extensive outreach to broaden participation by stakeholders from developing 
                                                     
 
2 OECD, Regulatory Reform and International Standardization , TD/TC/WP (98) 36, January 1999.  G/TBT/W/305 
 Page 3 
 
 
  economies.  These international outreach efforts have been guided largely by intentions to 
demonstrate conformance to the principles of the Committee Decision and to ensure their standards’ 
continuing relevance and effectiven ess.  We believe these efforts carry global benefits, particularly 
with respect to promoting the achievement of th e objectives of the Agreement.  We would welcome 
similar efforts towards greater attention to the si x principles in the standards development processes 
of our trading partners.   
9. Greater international engagement by these sta ndards developing organizations, particularly 
with stakeholders in developi ng economies, carries the potential to increase diffusion of knowledge 
and build technical capacity, including in emerging sectors or areas of interest.  More widespread 
adherence to the Committee Decision principles -- su ch as openness, effectiveness and development -- 
by standardizing bodies can also promote trad e facilitation (through ha rmonization to globally-
relevant standards) and productive efficiency (thr ough greater innovation and technical excellence).  
Adherence to the principles of openness, transpar ency and consensus by these standardizing bodies 
also enables regulators to find the most relevant and effective solutions to today’s regulatory needs.    
10. Lastly, with regard to contributing to the objectives of the TBT Agreement, we question 
national laws and policies of some WTO Members th at explicitly favor domestic or regional standards 
over international standards.  We further question policies that limit a standard’s use based on the 
location or nationality of the standards developing organization particularly in cases where a globally 
relevant and effective standard has been develope d within a process that meets the principles of the 
Committee Decision.  We note that a 2007 OECD study3 found that risks of divergence from TBT 
principles can occur when parties in regional trad e arrangements are called to elaborate or harmonize 
towards regional regulations, st andards and conformity assessm ent procedures, rather than 
international.  We note also that researchers at the World Bank reached similar conclusions in their 
examination of the use of regional standards on African exports.4  Would greater consistency with the 
principles of the Committee Decision in regional ha rmonization efforts better promote achievement of 
Members' shared objectives?  We are interested  in others’ experiences and views on these issues. 
B. "SAFE HAVEN " AFFORDED BY THE AGREEMENT  
11. The qualified "safe haven" provided by the rebuttable presumption of compliance outlined in 
Article 2.5 of the TBT Agreement provides an importa nt incentive for regulators to participate in the 
development and use of international standards, th ereby promoting greater alignment in the technical 
requirements that underpin regulations.  The Unite d States strongly supports this.  However, we 
would like to bring to the Committee’s attentio n certain trends which may have a bearing on 
achieving our shared objectives.  
12. First, the United States is of the view that  Article 2.5 reflects our common understanding that 
relevant international standards can provide the t echnical underpinning for regulatory action that both 
meets the Member's legitimate objective and facilitat es trade.  We question, therefore, efforts in 
international standardizing bodies that seek to embe d broad regulatory, social and public policy and 
principles in standards – including policies and prin ciples on which international consensus has been 
elusive in international intergovernmental bodi es and treaty organizations.  Are international 
standardizing bodies suitably structured to be able  to properly weigh competing policy and social 
claims among members with disparate political stru ctures?  What implications might the resulting 
standards carry for the operation of the TBT Agreem ent?  We are interested in others’ views on the 
                                                      
3 OECD.  Do Bilateral And Regional Approaches For Reducing Technical Barriers To 
Trade Converge Towards The Multilateral Trading System? TAD/TC/WP(2007)12/FINAL, October 
2007. 
4 The World Bank  Development Research Group.  Help or Hindrance? The Impact of Harmonized 
Standards on African Exports , Trade Team Policy Research Working Paper (WPS 4400), November 2007. G/TBT/W/305 
Page 4  
 
  potential misuse of such standards, including with re spect to Articles 2.5 and 2.9.  Do the Committee 
Decision principles, particularly those relating to co nsensus and relevance, provide useful guidance in 
this regard?   
13. We would also note our concerns regarding inaccu rate claims made by certain standardizing 
bodies that technical regulations based on standard s developed by such bodies will be automatically 
WTO TBT consistent or necessarily qualify for the Article 2.5 qualified safe haven.  The TBT 
Agreement does not imply or convey automatic WTO compliance to a Member’s technical regulation 
when an international standard from a specific body is used, nor does the Agreement afford automatic 
coverage of that technical regulation under Article 2.5's qualified safe haven.  Article 2.4 states that 
Members shall base technical regulations on "relevan t" international standards, except when use of 
international standards would be ineffective and inappropriate to achieving the legitimate objectives 
pursued.   
14. Given the many complex issues facing regulators, including "fundamental climactic or 
geographical factors or fundamental technological pr oblems", no single standardizing body is able to 
produce the international standard that is relevant , appropriate, and effective in every case.  Claims 
regarding automatic WTO compliance or benefits under the safe haven may lead regulators to choose 
a standard that is not in fact relevant or in ternational, which may diminish transparency and 
harmonization and result in technical regulations th at neither best serve the Member's legitimate 
objective or facilitate trade.   
15. Lastly, the United States underscores the importance of the third principle of the Committee 
Decision, " Impartiality and Consensus" to the operation of the safe haven of Article 2.5 — and 
emphasizes that standard development process should not  give privilege to, or favor the interests of, a 
particular supplier/s, country/ies, or region/s.  We believe it is in the inter est of all WTO Members to 
work to ensure that all standards developing or ganizations are vigilant to misuses of consensus 
requirements at the technical level.  
C. C
OOPERATIVE EFFORTS ON BUILDING TECHNICAL INFRASTRUCTURE  
16. During the Second Triennial Review, the Committee made the following thoughtful 
suggestions to encourage greater participation in international standardization activities by developing 
country stakeholders (G/TBT/9, paragraph 25), in accordance with the provisions in the TBT 
Agreement: 
- Using national consultations to assess products/sect ors of priority interest for international 
standardization and targeting resources accordingly;  
 
- Increasing opportunities for leadership positions in technical committees;  
 
- Greater use of information technologies to ease financial constraints;  
 
- Improving national coordination among stakehol ders with specific trade interests to 
strengthen financial and human resources of national standardization bodies; and  
 
- Contributing to more efficient and effectiv e use of resources through regional cooperation.  
 17. As suggested by these observations, "participati on in standardization activities" encompasses 
a wide range of activities that contribute to the la rger process of building the appropriate technical 
infrastructure in developing economies.  One elemen t in that process is the participation by national 
stakeholders in the technical committees of  standards developing organizations.    G/TBT/W/305 
 Page 5 
 
 
  18. It is our view that stakeholder participation in technical committees can be most effective 
when it is: 
- Fully grounded in a t horough national c onsultation process -- including outreach to sector and 
technical experts to build national technical and mirror committees -- that is conducted in a 
consistent, inclusive, and transparent manner;  
 
- Complemented by a range of activities to address the relevant technical infrastructure 
(metrology, legal metrology, testing capacity, etc.) that supports the application of specific technical standards ( i.e., activities to ensure that the relevant  technical infrastructure is either 
sufficiently well developed domestically, or is available through regional structures, or is 
accessible for use in other countries ( e.g., testing laboratories)); and, 
 
- Conducted alongside partnerships  between national specialists  and regional/international 
technical organizations that can provide ongoing information exchange and expertise. 
 
19. The United States welcomes the ongoing multilate ral and bilateral donor assistance efforts 
related to standardization activities.  U.S. b ilateral assistance programs often encompass these 
important activities as well.  Regarding such assistance,  it is our view that the principles of the OECD 
Paris Declaration on Aid Effectiveness
5 – ownership, alignment, harmonisation, managing for results, 
and mutual accountability  – are highly relevant to these activities.  To have lasting impact, assistance 
must be demand-driven, formulated within the c ontext of sector-specific national priorities, and 
compatible with the existing level of t echnical infrastructure development.   
20. While appropriate donor assistance can play an important role, our experience indicates that 
long-term cooperative efforts and information excha nge among specialists offers a critical venue for 
helping developing country experts to build th e domestic knowledge base needed to evaluate and 
prioritize their country’s own needs.  When assist ance or training is conducted under the auspices of 
relevant and reputable regional a nd international technical organiza tions, national specialists have 
access to a variety of viewpoints and independent  technical assessments in an environment of 
professional exchange among experts.  These coopera tive professional forums offer important and 
durable vehicles in the effort to build and strengt hen technical infrastructure in developing economies. 
III. CONCLUSION 
21. The United States believes that international sta ndardization activities can play a vital role in 
promoting the shared vision of WTO Members as re flected in the TBT Agreement and the Committee 
Decision.  The Committee’s discussions in the Se cond Triennial Review and its resulting Decision 
offer enduring insights into our efforts to ensure that such activities do not result in the creation of 
unnecessary obstacles to trade.  On the occasion of  the Fifth Triennial Review and the TBT 
Committee’s Workshop on the role of International Standards in Economic Development, the United 
States appreciates this opportunity to share our  experience with the Committee Decision, and we 
welcome others’ experiences and views. 
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