WORLD TRADE  
ORGANIZATION  G/TBT/W/250 
16 February 2005 
 
 (05-0639) 
Committee on Technical Barriers to Trade  
  
TRANSPARENCY REQUIREMENTS AND PROCEDURES 
 
Background Note by the Secretariat
1 
  
I.
 GENERAL ISSUES................................................................................................................. .3 
A. SPECIAL MEETINGS OF THE TBT  COMMITTEE OF PERSONS RESPONSIBLE FOR 
INFORMATION EXCHANGE ...................................................................................................3  
B. STATEMENT ON THE IMPLEMENTATION AND ADMINISTRATION OF THE 
TBT A GREEMENT ................................................................................................................3  
II. NOTIFICATIONS .................................................................................................................. ..5 
A. NOTIFICATION OBLIGATIONS RELATED TO TECHNICAL REGULATIONS AND 
CONFORMITY ASSESSMENT PROCEDURES ..........................................................................5  
1. General Background....................................................................................................5  
(a) Authority Responsible for Notifications ...................................................................5  
(b) Notifications of Measures at the Local Government Level ......................................5  
(c) Some Statistics ..........................................................................................................6  
2. Preparation of Notifications ........................................................................................7  
(a) Circumstances in which to Notify.............................................................................7  
(b) Timing of Notifications.............................................................................................8  
(c) The Notification Format............................................................................................8  
3. Processing and Circulation........................................................................................12  
(a) The Processing of Notifications by the WTO Secretariat .......................................12  
(b) Documents Online Facility .....................................................................................13  
4. Comments on Proposed Technical Regulations and Conformity 
Assessment Procedures..............................................................................................14  
(a) Length of Time Allowed for Comments.................................................................14  
(b) Handling of Comments ...........................................................................................15  
B. NOTIFICATION OBLIGATIONS RELATED TO STANDARDS ..................................................16  
1. Notification of the Acceptance of, or Withdrawal from, the Code of Good Practice....................................................................................................................... .17
 
2. Notification of the Existence of a Work Programme ..............................................19  
3. Comments on Standards............................................................................................19  
C. NOTIFICATION OF AGREEMENTS ON ISSUES RELATED TO TECHNICAL 
REGULATIONS , STANDARDS OR CONFORMITY ASSESSMENT PROCEDURES .....................19  
                                                      
1 This document has been prepared under the Secretariat' s own responsibility and without prejudice to the positions 
of Members and to their rights and obligations under the WTO.  G/TBT/W/250 
Page 2  
 
III.
 AVAILABILITY AND DISSEMINATION OF INFORMATION ....................................21  
A. PUBLICATION .....................................................................................................................21  
1. Publication Obligations of Members ........................................................................21  
(a) Before the Adoption of a Technical Regulation or a Conformity 
Assessment Procedure.............................................................................................21  
(b) After the Adoption of a Technical Regulation or a Conformity Assessment Procedure ................................................................................................................22
 
(c) Reasonable Interval between Publi cation and Entry into Force..............................22  
2. Publication Obligations of Standardizing Bodies....................................................22  
(a) Publication Obligations Related to the Work Programme ......................................22  
(b) Publication Obligations Relate d to Individual Standards .......................................23  
B. PROVISION OF COPIES ........................................................................................................23  
C. PROVISION OF TRANSLATIONS ..........................................................................................24  
D. USE OF ELECTRONIC TOOLS ..............................................................................................25  
IV. ENQUIRY POINTS................................................................................................................2 5 
A. ESTABLISHMENT OF ENQUIRY POINTS ..............................................................................25  
B. FUNCTIONING OF ENQUIRY POINTS ...................................................................................27  
1. Processing of Requests...............................................................................................27  
2. Information to be Provided .......................................................................................27  
3. Use of Electronic Facilities by Enquiry Points ........................................................28  
4. Other Services that may be Provided by Enquiry Points.......................................28  
ANNEX 1: TBT PROVISIONS R ELEVANT TO TRANSPARENCY ..........................................30  
 
________________________ 
 
TABLE OF FIGURES 
 
FIGURE 1: T OTAL NUMBER OF TBT  NOTIFICATIONS CIRCULATED (1995–2004)...............................6  
FIGURE 2: N UMBER OF NOTIFICATIONS PER MEMBER (1995–2004) ..................................................7  
FIGURE 3: N OTIFICATIONS BY COUNTRY GROUP (1995–2004) ..........................................................7  
FIGURE 4:  N OTIFICATIONS BY ARTICLE (1995–2004).......................................................................10  
FIGURE 5: O BJECTIVES MENTIONED IN SECTION 7 OF THE NOTIFICATION FORM (1995–2004).......11  
FIGURE 6: P ROCESSING AND CIRCULATION ......................................................................................13  
FIGURE 7: D OCUMENTS ONLINE – SIMPLE SEARCH FACILITY ..........................................................14  
FIGURE 8: A VERAGE NUMBER OF DAYS ALLOWED FOR COMMENTS (1995–2004) .........................15  
FIGURE 9: T YPE OF STANDARDIZING BODIES HAVING ACCEPTED THE CODE (1995–2004) ............18  
FIGURE 10: N UMBER OF STANDARDIZING BODIES HAVING ACCEPTED THE CODE (1995–2004) ......18  
FIGURE 11: N UMBER OF NOTIFICATIONS SUBMITTED UNDER ARTICLE 10.7  (1995–2004)................20  
FIGURE 12: G EOGRAPHICAL REPARTITION OF AGREEMENTS NOTIFIED UNDER  ARTICLE  10.7,  BY 
REGION INVOLVED IN THE AGREEMENT (1995–2004).....................................................20  
FIGURE 13: N UMBER OF MEMBERS WITH ONE OR MORE TBT  ENQUIRY POINTS ...............................26  
  G/TBT/W/250 
 Page 3 
 
 
1. Transparency provisions appear in various places of the TBT Agreement:  Articles 2 and 3 
(technical regulations);  Articles 5, 7, 8 and 9 (conformity assessment procedures);  Annex 3, 
paragraphs J, L, M, N, O & P (standards);  and Articles 10 (general transparency provision) 
and 15 (final provisions).2  This background note provides an overview of transparency provisions 
and procedures contained in the TBT Agreement a nd further developed by the TBT Committee.  A 
first version of this note was circulated in prepar ation of the Fourth Special Meeting on Procedures for 
Information Exchange, held on 2-3 November 2004.3  This updated and re viewed version includes 
examples from some of the national experiences presented during this meeting. 
2. The first section of the note sets out two general issues related to transparency in the context 
of the TBT Agreement.  The second section addresses all aspects of TBT notifications.  In the third 
section, procedures facilitating the availability a nd dissemination of TBT-related information are 
presented.  The last section focuses on the establis hment and functioning of enquiry points.   
I. GENERAL ISSUES 
A. SPECIAL MEETINGS OF THE TBT  COMMITTEE OF PERSONS RESPONSIBLE FOR INFORMATION 
EXCHANGE  
3. It was agreed in 1995, that the TBT Committe e will hold, on a biennial basis, "regular 
meetings of persons responsible for information exchange, including persons responsible for enquiry 
points and notifications".4  Such meetings are organized in order to provide Members with an 
opportunity to discuss issues relating to informat ion exchange and to review periodically the 
functioning of notification procedures and the operation of enquiry points.   
4. Since 1995, four Special Meetings of persons r esponsible for information exchange have been 
held.  The first one, on 6-7 November 1995, was held jointly with the SPS Committee.  At that 
meeting, issues discussed included the difference in coverage of the TBT and SPS Agreements and 
technical assistance needs for the establishment of national enquiry points in developing countries and 
their effective operation.5  At the Second Special Meeting, on 14 September 1998, the Committee 
addressed the specific difficulties faced by Memb ers with respect to notification procedures.6  T h e  
Third Special Meeting, held on 28 June 2001, dealt, inter alia , with the use of electronic tools, both in 
terms of facilities available in national enquiry poi nts and the electronic transmission of information 
among Members.7   
5. On 2-3 November 2004, the TBT Committee held its Fourth Special Meeting on Procedures 
for Information Exchange.8  The discussions highlighted the importance of three key cross-cutting 
aspects of transparency: (i) the impor tance of internal coordination; (ii) the increased and better use of 
electronic tools; and (iii) the dissemination of information.    
B. STATEMENT ON THE IMPLEMENTATION AND ADMINISTRATION OF THE TBT A GREEMENT  
6. Pursuant to Article 15.2, Members have an overarching transparency obligation to submit a 
statement on the measures in existence or taken to ensure the implementation and administration of 
                                                      
2 The text of these provisions is contained in Annex 1 at page 30. 
3 In document Job (04)/148 on 15 October 2004. 
4 "Decisions and Recommendations adopted by the Committ ee since 1 January 1995", Note by the Secretariat, 
23 May 2002, G/TBT/1/Rev.8, page 19. 
5 "Special Joint Meeting on Procedures for Information Exchange of the Committees on Technical Barriers to 
Trade and Sanitary and Phytosanitary Measures", Repor t by the Chairperson, 22 November 1995, G/TBT/W/16. 
6 "Minutes of the Meeting held on 15 Septembe r 1998", 18 November 1998, G/TBT/M/13, Annex 2. 
7 "Minutes of the Meeting held on 29 June  2001", 14 August 2001, G/TBT/M/24, Annex 1. 
8 A summary of the Fourth Special Meeting is availa ble in "Minutes of the M eeting of 4 November 2004", 
5 January 2005, G/TBT/M/34, Annex 2, and all slides hows presented during the meeting are available at 
http://www.wto.org/english/ tratop_e/tbt_e/tbt_e.htm. G/TBT/W/250 
Page 4  
 
the Agreement, including the provisions on transparency.
9  Such statements, to be made promptly 
after the date on which the WTO Agreement enters in to force for Members, give a brief overview of 
how individual Members implement the TBT Agreem ent.  The preparation and submission of these 
statements is also meant to assist Members in meeting their obligations under the Agreement, by 
enabling them to take stock of their existing legislation and institutional structure for the 
implementation and administration of the Agreement.10  From 1995-2004, a total of 99  Members 
submitted at least one such statement.11 
7. The TBT Committee decided in 1 995 that the statements under Article 15.2 should include 
information on the legislative, regulatory and admi nistrative action taken as a result of the negotiation 
of the Agreement or currently in  existence to ensure that the provisions of the Agreement are 
applied.12  Emphasizing the importance of proper implementation of the transparency obligations, the 
decision required Members to include in additi on the following detailed information in their 
statement: 
 the names of the publications used to a nnounce that work is proceeding on draft 
technical regulations or standards and c onformity assessment procedures and those in 
which the relevant texts are published; 
 the expected length of time allowed fo r presentation of comments in writing on 
technical regulations, standards or  conformity assessment procedures; 
 the name and address of the enquiry point(s) with an indication as to whether it is/they 
are fully operational;  if for legal or admi nistrative reasons more than one enquiry 
point is established, complete and una mbiguous information on the scope of 
responsibilities of each of them must be provided;  
 the name and address of any other agencies that have specific functions under the 
Agreement, including those foreseen in Articles 10.10 and 10.11;  and   
 measures and arrangements to ensure th at national and sub- national authorities 
preparing new technical regulations or  conformity assessment procedures, or 
substantial amendments to existing ones, provide early information on their proposals 
in order to enable the Member in question to fulfil its obligations on notifications. 
8. The TBT Committee recognized the particular  problems faced by developing country 
Members in fulfilling their ob ligations under Article 15.2.13  In November 2003, in the context of the 
Third Triennial Review, the Committee invited Memb ers that had already submitted such a statement 
to share their knowledge and experience concerning administrative and other practical arrangements 
as well as in regard to the submission itself.14   
                                                      
9 Furthermore, if the information contained in the stat ement changes, Members must  provide a revision to the 
statement indicating the changes.  All statements on implementation and administration of the Agreement are contained in 
the G/TBT/2/Add.X documents series. 
10 "Second Triennial Review of the Op eration and Implementati on of the Agreement on Technical Barriers to 
Trade", 13 November 2000, G/TBT/9, para. 6. 
11 A complete list of Members having submitted a statem ent on the implementation and administration of the 
Agreement under Article 15.2 since 1995 is contained in  document G/TBT/GEN/1/Rev. 1 (15 June 2004) and Corr.1 
(13 July 2004). 
12 G/TBT/1/Rev.8, op. cit. , page 10. 
13 "First Triennial Review of the Operation and Implementation of the Agreement on Technical Barriers to Trade", 
19 November 1997, G/TBT/5, para. 6. 
14 "Third Triennial Review of the Operation and Impl ementation of the Agreement on Technical Barriers to 
Trade", 12 November 2003, G/TBT/13, para. 7.  G/TBT/W/250 
 Page 5 
 
 
II. NOTIFICATIONS 
A. NOTIFICATION OBLIGATIONS RELATED TO TECHNICAL REGULATIONS AND CONFORMITY 
ASSESSMENT PROCEDURES  
1. General Background 
9. Articles 2 and 5 of the TBT Agreement contai n the notification obligations related to 
technical regulations and conformity assessment pro cedures.  In addition, the TBT Committee, in its 
early years and also later during the Second Tr iennial Review in 2000, put in place detailed 
procedures for notification.15  The importance of fulfilling notifi cation provisions has been reiterated 
regularly by the TBT Committee, as notifications  can make an important contribution towards 
avoiding unnecessary obstacles to trade and provide Members with the opportunity to influence final 
requirements of other Members.16   
10. Similar obligations to notify exist for both t echnical regulations and conformity assessment 
procedures.  Articles 2.9.2 and 5.6.2 deal with the obligation to notify draft  measures while 
Articles 2.10.1 and 5.7.1 concern measures already adopted  for urgent reasons.  In the case of urgent 
problems of safety, health, environmental protection or national security that have arisen or threaten 
to arise, Articles 2.10.1 and 5.7.1 provide Members w ith the right to omit certain steps enumerated in 
the general provision on notifications (i.e. Articles 2. 9 and 5.6).  Hence, notification requirements for 
urgent measures differ from the regular procedure in two important ways:  first, the notification is made upon adoption of the measure;  and second, the notification form must mention the nature of the 
urgent problem.  
(a) Authority Responsible for Notifications 
11. Pursuant to Article 10.10 of the TBT Agreement, a single central government authority, to be 
designated by Members, is responsible for all issues  related to notification procedures, except those 
included in Annex 3.  Often, this authority resides with the Ministry of Trade.
17  Where the 
responsibility for notification issues is divide d among several central government authorities, 
Members are required to provide complete and unambiguous information on the scope of 
responsibility of each authority (Article 10.11).18  At the Second Triennial Review, the 
TBT Committee reaffirmed Members' obligation to  designate a single central government authority 
responsible for the implementation of notif ication procedures at the national level.19   
12. Also at the Second Triennial Revi ew, it was noted that notifications were often not made due 
to a lack of awareness of TBT obligations or a lack of priority given to implementing Articles 10.10 and 10.11 by relevant agencies.
20  It was further indicated that, in some cases, the agency responsible 
for submitting notifications was not made aware of draft regulations by other national authorities.  
The importance of coordination among agencies was recognized in this context.   
(b) Notifications of Measures at the Local Government Level 
13. Pursuant to Articles 3.2 (technical regulati ons) and 7.2 (conformity assessment procedures), 
Members are required to fulfil the notification obliga tions contained in Article s 2 and 5 for measures 
                                                      
15 See Annex 3 of G/TBT/9, op. cit. , pages 18-23 and G/TBT/1/Rev.8, op. cit. , pages 11-18. 
16 G/TBT/13, op. cit.,  para. 16. 
17 The enquiry point may also be involved in the implementa tion of the notification proce dure.  For more details on 
enquiry points, see below at page 25. 
18 Members have the possibility of notifying the name  and address of the desi gnated central government 
authority/authorities in their statement on impl ementation and administration of the Ag reement under Article 15.2, see above 
at paragraphs 6-8. 
19 G/TBT/9, op. cit. , para. 12. 
20 Ibid. G/TBT/W/250 
Page 6  
 
of local governments, at the level directly below that of Members' central governments.  However, 
notification is not required when a technical regulation or a conformity assessment procedure is "substantially the same" as a measure already notified by the central government body.   
14. At the Third Triennial Review, the Committee reiterated the importance of Members fulfilling 
their notification obligations at the sub-national level under Articles 3.2 and 7.2.
21  M e m b e r s  w e r e  
encouraged to make greater efforts to raise awarene ss of these obligations at this level and to ensure 
their implementation; this could be done, for ex ample, by holding seminars for local government 
bodies.  During the Fourth Special Meeting on Procedures for Information Exchange, the enquiry point of the United States explained how it was trac king regulations at the sub-federal level.  The 
US enquiry point uses an electronic tool, RegAlert , which allows to monitor all 50 States for changes 
in technical regulations and conformity assessment procedures.
22  RegAlert  employs a person in every 
State capital to monitor the legislative and regulatory developments in that State.  That person selects 
all relevant items and forwards them to the central RegAlert  database that combines all 50 States’ 
information.   
(c) Some Statistics 
15. From 1995-2004, 6098 notificati ons of technical regulations and conformity assessment 
procedures have been submitted.   
Figure 1:  Total Number of TBT Notifications Circulated (1995–2004) 
365460794
648669
611
538581794
638
0100200300400500600700800
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
 
 
16. Since 1995, 84 Members have notified at least  one TBT measure.  As shown in Figure 2 
below, one-third of Members have submitted less than ten notifications, while two Members have 
made more than three hundred notifications each.   
 
                                                      
21 G/TBT/13, op. cit. , para. 23. 
22 G/TBT/M/34, op. cit. , Annex 2, para. 18.  G/TBT/W/250 
 Page 7 
 
 
Figure 2:  Number of Notifications per Member (1995–2004) 
714
8
7
611
10
910
2
02468101214
1 2-5 6-10 11-20 21-30 31-50  51-100 101-200 201-300 >300
 
 
17. Nearly all developed and almost two-thirds  of the developing country Members have 
submitted notifications.  Conversely, only a fe w least-developed countries (LDCs) have done so. 
Figure 3: Notifications by Country Group (1995–2004) 
 
   
 
    
 
     
 
 
2. Preparation of Notifications 
(a) Circumstances in which to Notify 
18. Members must notify technical regulations a nd conformity assessment procedures when the 
following two circumstances apply:  first, a releva nt international standard does not exist or the Number of NotificationsNumber of Members 
29355181
432
0102030405060708090
Developed
countriesDeveloping
countriesLDC sNotifying Members
Total Number of MembersG/TBT/W/250 
Page 8  
 
technical content of a proposed measure is not in  accordance with the technical content of the 
standard; and second, the proposed measure may ha ve a significant effect on the trade of other 
Members.  These two circumstances are stated for dr aft technical regulations in the introductory part 
of Article 2.9 and for draft conformity assessment proce dures in the introductory part of Article 5.6.   
19. With a view to ensuring a consistent appro ach in determining whether proposed technical 
regulations and conformity assessment procedures are to be notified, the TBT Committee has 
established the following criteria for the definiti on of a "significant effect on trade of other 
Members".
23  This concept may refer to the effect on trade : 24 
 Of one technical regulation or conformity  assessment procedure only, or of various 
technical regulations or procedures for asse ssment of conformity in combination; 
 in a specific product, group of pro ducts or products in general;  and 
 between two or more Members. 
20. The TBT Committee further clarif ied that the concept of a significant  effect on trade of other 
Members should include both import-enhancing and import-reducing effects, as long as such effects 
are significant.25  When assessing the significance of the effect on trade of technical regulations, the 
Member concerned should take into consideration such elements as:26 
 The value or other importance of imports in respect of the importing and/or exporting 
Members concerned, whether from other Members individually or collectively; 
 the potential growth of such imports;  and  
 the difficulties for producers in other Member s to comply with the proposed technical 
regulations.   
(b) Timing of Notifications 
21. Articles 2.9.2 and 5.6.2 of the TBT Agreement provide that notifications of draft technical 
regulations and conformity assessment procedures shall take place at an early appropriate stage, when 
amendments can still be introduced and comme nts taken into account.  In addition, the 
TBT Committee recommended in 1995 that notifications be made when a draft with the complete text 
of a proposed technical regulation or conformity assessment procedure was available.27  As regards 
technical regulations and conformity assessment procedures  adopted  for urgent reasons, notification 
must be made immediately upon adoption (Articles 2.10 and 5.7).   
(c) The Notification Format 
22. Pursuant to TBT Articles 2.9.2 and 5.6.2, no tifications must contain information on the 
products covered, together with a brief indicati on of the objective and rationale of the proposed 
technical regulation or conformity assessment procedure.  In several decisions, including during the 
Second Triennial Review, the TBT Committee ela borated on and expanded these requirements.  
Notifications must be made using the following format:28 
                                                      
23 G/TBT/1/Rev.8, op. cit.,  page 15. 
24 Ibid. 
25 Ibid. 
26 Ibid. 
27 Ibid. 
28 Ibid., page 14.  G/TBT/W/250 
 Page 9 
 
 
 WORLD TRADE  
ORGANIZATION  G/TBT/N/- 
 
 (00-0000) 
Committee on Technical Barriers to Trade  
 
NOTIFICATION   
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. 
 Member to Agreement notifying:        
If applicable, name of local government involved (Articles 3.2 and 7.2):       
2. 
 Agency responsible:        
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:       
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [  ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):        
5. Title, number of pages and language (s) of the notified document:        
6. Description of content:        
7. Objective and rationale, including the nature of urgent problems where applicable:  
8. Relevant documents:        
9. Proposed date of adoption: 
Proposed date of entry into force:   
10. Final date for comments:        
11. Texts available from:  National enquiry point [    ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:        
 
23. There are 11 sections in the notification form:29 
 Section 1  indicates the Member notifying .  In addition, when a local government is involved, it 
has to be mentioned in this section. 
 Section 2  designates the agency responsible  for elaborating a proposal or promulgating a 
technical regulation or a conformity assessment  procedure.  If the authority or agency 
                                                      
29 Ibid., pages 11-13. G/TBT/W/250 
Page 10  
 
5362
197 5577
61 3131
0100020003000400050006000
Art. 2.9.2 Art. 2.10.1 Art. 3.2 Art. 5.6.2 Art. 5.7.1 Art. 7.2 No article
mentioneddesignated to handle comments regarding the sp ecific notification is different, it must be 
indicated. 
 Section 3  contains the reference to the provision of the TBT Agreement  under which the 
measure is notified.  The format of a notification offers five possibilities: 
(1) Article 2.9.2 :  Proposed  technical regulation  by a central government body ; 
(2) Article 2.10.1 :  Technical regulation  adopted  for urgent problems  by a central 
government body ; 
(3) Article 5.6.2 :  Proposed  conformity assessment procedure  by a central government 
body ; 
(4) Article 5.7.1 :  Conformity assessment  procedure  adopted for urgent problems  by a 
central government body ; 
(5) Other:  In the TBT Agreement, there are four other provisions under which measures 
can be notified and which concern measures adopted by bodies other than the central 
government:  
 Article 3.2 :  Proposed  technical regulation  or adopted for urgent problems  by a 
local government ; 
 Article 7.2 :  Proposed  conformity assessment procedure  or adopted for urgent 
problems  by a local government ; 
 Article 8.1 :  Adopted  conformity assessment procedure  by a non-governmental 
body ; 
 Article 9.2 :  Adopted  conformity assessment procedure  by an international or 
regional organization . 
Since 1995, the majority of measures notified relate d to draft technical regulations proposed by 
central governmental bodies, under Article 2.9. 2.  Draft conformity assessment procedures 
proposed by central governmental bodies have been  notified 577 times, under Article 5.6.2, and 
frequently in conjunction with draft technical regul ations.  258 notifications related to measures 
adopted for urgent reasons, under Articles 2. 10.1 and 5.7.1, have been submitted.   
Figure 4:  Notifications by Article (1995–2004) 
 
 
 
     
 
    G/TBT/W/250 
 Page 11 
 
 
250984876064061850945633013311668474035
0 500 1000 1500 2000 2500 3000Prot. of human health/safetyPrev. of deceptive practices/Consumer prot.New domestic law/technologyProtection of the env ironmentQuality requirements HarmonizationOthersConsumer information & labellingLowering or removal of trade barriersProtection of animal or plant healthCost saving National security requirementsT rade facilitation Not Specified Section 4  contains a clear description of the products covered  by the measure (including tariff 
headings). 
 Section 5  indicates the title of the proposed or adopted technical regulation or conformity 
assessment procedure that is notified and the number of pages  in the notified document.  Under 
this section, the following information is al so provided: the language(s) in which notified 
documents are available; and, if a translati on of the document is planned or available. 
 Section 6  describes clearly the content  of the proposed or adopted technical regulation or 
conformity assessment procedure.   
 Section 7  states the objective and rationale , including the nature of urgent problems where 
applicable.  Among the notifications received, mo st state the protection of human health and 
safety as the objective for the measure notified.  Since 1995, the protection of human health and 
safety has been mentioned as an objective in 2509 notifications.  The graph below illustrates the 
number of times an objective has been mentione d in a notification (as first, second or third 
objective) since 1995.30 
Figure 5: Objectives Mentioned in Section 7 of the Notification Form (1995–2004) 
 
    
 
     
 Section 8  provides a reference to relevant documents , such as (1) the publication where a notice 
appears; (2) the proposal and basic document to which the proposal refers;  (3) the publication 
in which the proposal will appear when adopted; and (4) whenever practicable, the reference to 
a relevant international standard.   
 Section 9  gives the proposed dates of adoption and entry into force  of the technical regulation 
or conformity assessment procedure. 
 Section 10  indicates a specific and final date  by which Members may submit comments . The 
Committee has recommended a normal time-limit for comments on notifications of 60 days.  
Any Member which is able to provide a time-limit of more than 60 days is encouraged to do so.  
Members are encouraged to advise any exte nsion to the final date for comments. 
                                                      
30 Several notifications indicated more than one objectiv e, as a result, the total number of objectives does not 
correspond to the total number of notifications. G/TBT/W/250 
Page 12  
 
 Section 11  provides information on whether the text of the measure is available from the 
national enquiry point  or from another body.  Members shall also indicate here the exact 
address, where available, e-mail address, telephone  and fax numbers of the body responsible for 
supplying the relevant documents if that body is not the enquiry point.31  The enquiry point of 
Canada has observed that since July 2000 when it started to include the URL to the regulation 
in this section of the notification format, the number of requests for regulatory texts from 
foreign enquiry points has decreased.32   
3. Processing and Circulation 
(a) The Processing of Notifications by the WTO Secretariat  
24. Notifications are made in English, French or Spanish (Article 10.9) and sent to the Central 
Registry of Notifications (CRN).33  They are usually sent by fax, e-mail or normal post.  The 
electronic transmission of notifications to th e CRN has been encourag ed regularly by the 
TBT Committee, as being the best way to ensure the rapid processing and circulation of notifications.
34  The Committee also agreed that amendmen ts to notifications would carry the same 
document symbol as the original to allow them to be adequately traced.35 
25. Once a TBT notification has reached the CRN, it is  put on a registry file, given a record 
number and forwarded to the Trade and Environment Division of the WTO Secretariat, where it is formatted and checked for completeness and accuracy.  In the case of an incompatible format, unclear 
or contradictory information, errors or any ot her problems, the Trade and Environment Division 
contacts the Permanent Mission to the WTO or the enquiry point of the notifying Member.  Once these issues are clarified, the notification is tran sferred to the Document Management System (DMS) 
for circulation to Members.  It is then also posted on the WTO web site and translated into the other 
official WTO languages.  In addition, an automate d e-mail distribution has been set up to facilitate 
Members' access to notifications.
36  An e-mail is sent out we ekly, which compiles all the 
TBT notifications of the week.   
26. On average, the notification process, includi ng translation, takes five working days.37  Past 
experience shows that the accuracy with which no tification forms are completed can significantly 
reduce the processing time required by the Secretariat.  The Trade and Environment Division processes and issues notifications on average within tw o working days.  An internal database has been 
created to track notifications from the moment they reach the CRN until they are circulated.  If a delay 
occurs, the database automatically shows the number  of days and reasons for the delay.  The figure 
below illustrates the internal processing of a TBT notification. 
                                                     
 
31 For more information on enquiry points see below at page 25. 
32 G/TBT/M/34, op. cit. , Annex 2, para 21.  
33 The address of the CRN of the WTO Secretariat is : Rue de Lausanne 154, 12 11 Geneva 21, Switzerland – 
E-mail: crn@wto.org – Fax: +41 22 739 5197. 
34 G/TBT/13, op. cit.,  para. 26. 
35 Ibid., para. 28. 
36 See http://www.wto.org/english/trat op_e/tbt_e/tbt_mailing_list_e.htm . 
37 Notifications are issued in the G/TBT/N/- series of documents.  At the Second Triennial Review, the 
TBT Committee requested the Secretariat to prepare monthly lists of notifications.  They are contained in documents 
G/TBT/GEN/N/1-48.  All documentation is available on the WTO web site.  G/TBT/W/250 
 Page 13 
 
 
Figure 6: Processing and Circulation 
 
 
 
  
   
 
 
  
(b) Documents Online Facility
38 
27. TBT notifications are sent to the Permanent Missions to the WTO of Members and Observer 
governments and organizations.  As soon as they ar e circulated, they are posted in "Documents 
Online" on the WTO web site39, the database, which provides access to all official documentation of 
the World Trade Organization.  The database can be  used in a number of ways.  Through the "simple 
search" facility, notifications can be retrieved, consulted on line, or downloaded.  Notifications can be 
searched for by defining criteria, either alone or in combination, in the corresponding field: the 
document symbol (G/TBT/N/COUNTRY CODE/Number),  the title, the Member notifying, the date 
of the notification, or a key word in the text (for instance, the product of interest).  Users of "Documents Online" also have the possi bility of performing an advanced search.
40  If one searches by 
a Member, both documents submitted by that Member or which affected it appear.  Another search 
possibility is a newly implemented platform, the CRN Database.41  The CRN search interface permits 
the retrieval of notifications using specific data  fields of the CRN database, including a search by 
trade coverage of notifications and a search by the requirement under which they were submitted. 
                                                      
38 For more information on the Documents Online facility,  see "Frequently Asked Ques tions about WTO official 
documentation and its dissemination on the Internet via Documents Onlin e", WTO Secretar iat, June 2004. 
39 http://docsonline.wto.org/ 
40 http://docsonline.wto.org/gen_search.asp?searchmode=advanced 
41 http://docsonline.wto.org/GEN_CRNsearch.asp Notification 
from 
Members Central 
Registry for 
Notifications 
(CRN) Trade and Environment 
Division Document 
Management 
System  Circulation to 
Members 
(original 
language) Translation and 
circulation of 
translations Average: 2 working days 
Average: 5  working days G/TBT/W/250 
Page 14  
 
Figure 7: Documents Online – Simple Search Facility
42 
 
 
 
4. Comments on Proposed Technical Regulation s and Conformity Assessment Procedures  
(a) Length of Time Allowed for Comments 
28. Pursuant to Articles 2.9.4 and 5.6.4, Member s are required, prior to the adoption of a 
technical regulation or of a conformity assessment procedure to: 
 Allow reasonable time for other Members to make comments in writing; 
 discuss these comments upon request;  and 
 take these written comments and the results of these discussions into account. 
29. In 1996, the TBT Committee recommended that the normal time-limit for presentation of 
comments on notified technical regulations and conformity assessment procedures should be 
60 days.43  At the Second Triennial Review, the TB T Committee encouraged Members which were 
able to provide a time-limit of more than 60 days, such as 90 days, to do so  and to indicate this fact on 
the notification form.44   
30. At the Third Triennial Review, the TBT Committee noted that insufficient comment periods 
prevented Members from exercising their right to submit comments, to hold consultations, and to 
have their comments taken into account.45  Lack of time was particularly problematic when drafts 
needed to be requested and/or translated.  Th e Committee observed that, in certain instances, the 
deadlines for comments had gone beyond the date of the entry into force of regulations, which 
reduced the utility of providing comments.  Th us, the Committee reiterated the importance of 
Members fully observing their transparency ob ligations under the Agreement, as well as the 
Committee's recommendation to provide 60 days for comments.  Furthermore, the Committee 
                                                      
42 http://docsonline.wto.org/ge n_search.asp?searchmode=simple 
43 G/TBT/1/Rev.8, op. cit., page 17. 
44 G/TBT/9, Annex 3 on Decisions and Recommendations  on Procedures for Notification and Information 
Exchange, op. cit.,  page 22. 
45 G/TBT/13, op. cit.,  para. 20. Notification 
symbol 
Notifying Member 
Key words (for example product of interest) Dates of interest (for 
example from 01/05/2004 to 31/05/2004)  G/TBT/W/250 
 Page 15 
 
 
encouraged developed country Members to provide more than a 60-day comment period in order to 
improve the ability of developing country  Members to comment on notifications.46 
31. For technical regulations and conformity assess ment procedures adopted for urgent reasons, 
obligations relating to comments are identical, wi th the exception that no time-limit is provided 
(Articles 2.10.3 and 5.7.3).  
32. Pursuant to Article 3 for technical regulations  and Articles 7 and 8 for conformity assessment 
procedures, Members are required to take such r easonable measures as may be available to them to 
ensure compliance by local government and non-governmental bodies with the provisions on length of the comment period and the handling of comments. 
33. In 2004, Members allowed an average of 57.8 calendar days for comments: 87 notifications 
had a comment period of less than 45 days, 68 of  45-59 days and 352 having a comment period of 
60 days or more.
47  Since 1995, the average length of time  allowed for comments has increased from a 
minimum of 46.3 days in 1997 to 57.8 in 2004 (see Figure 8 below). 
Figure 8: Average Number of Days Allowed for Comments (1995–2004) 
 
52.3
46.9 46.3 47.2 46.549.653.3
49.254.857.8
010203040506070
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
 
(b) Handling of Comments 
34. In order to clarify the procedures for the handling of comments on proposed technical 
regulations and conformity assessment procedures,  the Committee agreed in 1995 on the following 
procedures:48 
 Each Member should notify the WTO Secretariat of the authority or agency (e.g. its 
enquiry point) which it has designated to be in charge of handling of comments 
received;  and 
 a Member receiving comments through the designated body should without further 
request: 
- Acknowledge the receipt of such comments; 
                                                      
46 Ibid., para. 26. 
47 These figures do not include notific ations which did not specify a comment  period or where the comment period 
had already lapsed.   
48 G/TBT/1/Rev.8, op. cit.,  page 17. G/TBT/W/250 
Page 16  
 
- explain within a reasonable time to an y Member from which it has received 
comments, how it will proceed in order to take these comments into account and, where appropriate, provide additional re levant information on the proposed 
technical regulations or conformity assessment procedures concerned;  and 
- provide to any Member from which it has received comments, a copy of the 
corresponding technical regulations or conformity assessment procedures as 
adopted or information that no correspondi ng technical regulations or conformity 
assessment procedures will be adopted for the time being. 
35. At the Third Triennial Review, the Committee noted  that the sharing, on a voluntary basis, of 
comments and responses could contribute significan tly to other Members’ understanding of whether 
their comments had been taken into account, and co uld assist Members to benefit from the technical 
knowledge and legal expertise of their trading partners.49  It was further noted that this could be 
particularly useful for developing country Members.   In the preparation of comments and subsequent 
responses, the Committee also stressed the importa nce of domestic coordination between the various 
interested parties.   
36. Also, at the Third Triennial Review, the TBT Committee agreed to:50 
 Invite Members to formulate their requests to enquiry points, on comment periods or 
on any other matter, in one of the three official languages of the WTO; 
 encourage Members to voluntarily respond to comments in writing if so requested, 
and to share their responses with the TBT Committee.  Members were also 
encouraged to draft their responses in one of  the three official languages of the WTO; 
and 
 invite Members, on a voluntary basis, to disseminate their comments and responses 
by means of national web sites and to draw the Committee's attention to these. 
37. An example of such a web site can be found in the United States under 
"www.regulations.gov".51  It is a service offered by the US Government Printing Office, which 
provides a "one-stop" site for the public and ot her interested parties to: (i) access proposed 
regulations; (ii) express their views; and (iii) have  the US government agencies take them into account 
before regulations are finalized.    
B. NOTIFICATION OBLIGATIONS RELATED TO STANDARDS  
38. The Code of Good Practice for the Preparati on, Adoption and Application of Standards, 
contained in Annex 3 of the TBT Agreement, lays down disciplines in respect of standardizing bodies 
whether a central government, local government, non- governmental or regional body.  The Code is 
open for acceptance to any such bodies (Paragra ph B).  The obligation to notify applies to 
standardizing bodies directly and includes the notific ation of their acceptance of, or withdrawal from, 
the Code of Good Practice (Paragraph C), and the ex istence of a work programme (Paragraph J).   
39. Pursuant to the Ministerial Decision taken in Marrakesh on 15 April 1994 on "Proposed 
Understanding on WTO-ISO Standards Informati on System", a "Memorandum of Understanding 
(MoU) on WTO Standards Information Service Operated by ISO" was reached between the 
Secretary-General of the ISO Central Secretariat an d the Director-General of the WTO.  This MoU 
established a WTO-ISO Information System regardi ng standardizing bodies under Paragraphs C and J 
                                                      
49 G/TBT/13, op. cit.,  para. 22. 
50 Ibid., para. 26. 
51 G/TBT/M/34, op. cit. , para. 18.  G/TBT/W/250 
 Page 17 
 
 
of the Code of Good Practice.52  Pursuant to Paragraph 2 of the Mo U and in order to ensure a uniform 
and efficient operation of the procedures for notifications, the ISO and the WTO Secretariats developed notification formats and related guidelines, which were to be used by standardizing bodies 
accepting the Code of Good Practice (hereaf ter ISO/WTO Guidelines on Notifications).
53   
1. Notification of the Acceptance of, or Withdrawal from, the Code of Good Practice 
40. Standardizing bodies that have accepted, or w ithdrawn from, the Code of Good Practice are 
required to notify such action to the ISO/IEC Info rmation Centre in Geneva .  Standardizing bodies 
have a choice between three possibilities when sending the notification:  
 Directly to the ISO/IEC Information Centre in Geneva;54 
 through the national member body of ISO/IEC; or preferably 
 through the relevant national member or  international affiliate of ISONET. 
41. According to Paragraph C, the format of this notification must include the name of the body 
concerned, its address, and the scope of its current and expected standardization activities.55  Each 
notification is circulated under the document series G/TBT/CS/N/-. 
42. Pursuant to the ISO/WTO Guidelines on Notifica tions, the ISO/IEC Information Centre must 
publish the WTO TBT Standards Code Directory annually.56  The Directory lists all standardization 
bodies that have notified acceptance of the Code of Good Practice and contains information related to 
the availability of their work programmes.57  The Directory is available to ISONET members and, 
through the WTO Secretariat, to WTO Members.  In addition, the ISO/IEC Information Centre 
provides several types of services:58  an ISO/IEC information website (opened in November 2004);59  
answers to enquiries;  information to the WTO Secretariat;  and main tenance of a library of ISO and 
IEC publications.  The ISO/IEC website contains information on standardization and conformity 
assessment, the TBT Agreement, the TBT Standards Code Directory, other standards publications, 
general vocabulary on standardiza tion and general classification of standards widely used.  The 
website also contains an enquiry service where ques tions can be posted, which are, depending on the 
scope of the enquiry, directed to IEC, ISO or ot her standardizing bodies.  The information services 
provided to the WTO includes the registration of notifications received from standardizing bodies, 
e.g. on the acceptance of the Code of Good Pr actice and the existence of work programmes.60   
43. In the Ministerial Decision on "Review of th e ISO/IEC Information Centre Publication" 
adopted in Marrakesh on 15 April 1994, the TBT Committee was mandated to "at least once a year 
review the publication provided by the ISO/IEC Information Centre on information received 
according to the Code of Good Practice for the Prepar ation, Adoption and Application of Standards in 
Annex 3 of the Agreement, for the purpose of affording Members the opportunity of discussing any 
                                                      
52 See "WTO Standards Informa tion Service Operated by ISO", Note by th e Secretariat, 26 January 1995, G/L/1. 
53 Those guidelines and formats for notifications had b een circulated to WTO TBT Members in "Notification 
Procedures Related to the Code of Good Practice for the Prep aration, Adoption and Application of Standards Contained in 
Annex 3 of the WTO Agreement on Technical Barriers to Trade" , Note by the Secretariat, 15 May 1995, G/TBT/W/4/Rev.1. 
54 According to the 1994 Ministerial Decision on "Propos ed Understanding on WTO-ISO Standards Information 
System", the ISO/IEC Information Centre sh all promptly convey to the Secretariat co pies of any notifications referred to in 
paragraph C of the Code of Good Practice.   
55 The ISO/WTO Guidelines on Notifications recommended that standardizing bodies that have accepted, or 
withdrawn from, the Code of Good Practice notify this fact to the ISO/IEC Information Centre in Geneva by completing a 
specific form, which is cont ained in G/TBT/W/4/Rev.1, op. cit ., pages 4-5. 
56 Ibid., para. 10. 
57 Monthly updated information is also  contained in the ISO Bulletin.  
58 G/TBT/M/34, op. cit. , Annex 2, para. 45. 
59 http://www.standardsinfo.net  
60 G/TBT/M/34, op. cit. , Annex 2, para. 46. G/TBT/W/250 
Page 18  
 
matters relating to the operation of that Code".  As a result of this mandate, the TBT Committee 
reviews the ISO/IEC Information Centre Publication at the first meeting of each year.  In order to 
facilitate the discussion, the Marrakesh Decision also  mandates the WTO Secretariat to provide a list 
by Member of all standardizing bodies that have accepted the Code, as well as a list of those 
standardizing bodies that have accepted or withdr awn from the Code since the previous review.
61   
44. From 1995-2004, 146 standardizing bodies fro m 105 Members have accepted the Code of 
Good Practice: 74  central governmental standardizing bodi es, 63 non-governmental standardizing 
bodies, two statutory bodies, two parastatal bodies, three non-governmental regional bodies, one central governmental/non-governmental  body, and one autonomous body.
62  
Figure 9: Type of Standardizing Bodies Having Accepted the Code (1995–2004) 
 
   
 
   
Figure 10: Number of Standardizing Bodies Having Accepted the Code (1995–2004) 
285588103113123131139143 146
020406080100120140160
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
 
                                                      
61 The two lists are respectively circulated in documents G/TBT/CS/2/Rev.X and G/TBT/CS/1/Add.X.  
62 "List of Standardizing Bodies that have accepted the Code of Good Practice for the Preparation, Adoption and 
Application of Standards since 1 January 1995", Note by th e Secretariat, G/TB T/CS/2/Rev.10 (4 March 2004) and Add.1 
(10 March 2004). 746332211
0 1 02 03 04 05 06 07 08 0Central gov ernmental standardizing bodyNon governmental standardizing bodyNon-governmental regional bodyStatutory bodyParastatal bodyCentral governmental/non governmental bodyAutonomous body G/TBT/W/250 
 Page 19 
 
 
2. Notification of the Existence of a Work Programme 
45. Standardizing bodies that have accepted the Code  of Good Practice also have to notify the 
existence of a work programme no later than at the tim e of its publication, i.e. at least twice a year.  
Pursuant to Paragraph J, the following information mu st be included in a notification of the existence 
of a work programme:63 
 The name and address of the standardizing body; 
 the name and issue of the publication in  which the work programme is published; 
 the period to which the work programme applies; 
 its price (if any); and 
 how and where it can be obtained.   
46. The notification of the existence of a work programme may be sent: 
 Directly to the ISO/IEC Information Centre; or preferably 
 through the relevant national member or international affiliate of ISONET, as 
appropriate. 
3. Comments on Standards 
47. Standardizing bodies must allow time for co mments on standards before their adoption 
(Paragraphs L and N).  They must fulfil the following requirements: 
 Allow a period of at least 60 days for the submission of comments on the draft 
standard by interested parties within the territory of a Member of the WTO; 
 this period may be shortened in cases where urgent problems of safety, health or 
environment arise or threaten to arise; 
 comments shall be taken into account; 
 comments received through standardizing bodi es that have accepted the Code of 
Good Practice shall, if so requested, be replied to as promptly as possible; and 
 the reply shall include an explanation wh y a deviation from rele vant international 
standards is necessary. 
C. NOTIFICATION OF AGREEMENTS ON ISSUES RELATED TO TECHNICAL REGULATIONS , 
STANDARDS OR CONFORMITY ASSESSMENT PROCEDURES  
48. The TBT Agreement also contains an obliga tion to notify agreements between Members on 
issues related to technical regulations, standards or  conformity assessment procedures (Article 10.7).64  
However, only those agreements which may have a si gnificant effect on trade must be notified.  This 
particular requirement includes an encouragem ent of those Members which have reached an 
                                                      
63 The form is contained in G/TBT/W/4/Rev.1, op. cit ., page 6. 
64 The notification forms must be sent to the CRN of the WTO Secretariat.  The form for notifications under 
Article 10.7 is contained in  document G/TBT/1/Rev.8,  op. cit.,  page 24.  Such notifications are circulated under document 
symbol G/TBT/10.7/c ountry initials/--". G/TBT/W/250 
Page 20  
 
agreement to enter, upon request, into consulta tions with other Members for the purposes of 
concluding similar agreements or of arranging for their participati on in such agreements.  At its 
Second Triennial Review, the TBT Committee reiterate d the importance of Members notifying mutual 
recognition agreements.
65   
Figure 11:  Number of Notifications Submitted Under Article 10.7 (1995–2004) 
 
   
 
 
  49. From 1995-2004, 46 notifications were made of agreements between Members on issues 
related to technical regulations, standa rds or conformity assessment procedures
66, involving entities 
from 54 countries or territories.67  The majority of the notified agreements involved bodies or entities 
in Europe, followed by Asia and the Pacific, and North America.   
Figure 12: Geographical Repartition of Agreements  Notified Under Article 10.7, by Region 
Involved in the Agreement (1995–2004) 
Asia and 
Pacific
26%North America
12%Europe
51%South America
8%Africa
3%
 
 
                                                      
65 G/TBT/9, op. cit.,  para. 34. 
66 In fact, there were 47 notifications made, but two of them referred to the same agreement. 
67 "Tenth Annual Review of the Implem entation and Operation of the TBT Agr eement", Note by the Secretariat, 
G/TBT/15, to be issued. 0 018
010
16 6
4
2
02468101214161820
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 G/TBT/W/250 
 Page 21 
 
 
III. AVAILABILITY AND DISSEMINATION OF INFORMATION 
50. The TBT Agreement contains obligations rela ting to the provision of information among 
Members on technical regulations, conformity assessme nt procedures and standards.  In addition, the 
TBT Committee put in place detailed procedures to facilitate the access to and the dissemination of 
information.  These requirements and procedures incl ude:  publication obligations ; provision of copies 
of documents; their translation; and the use of electronic tools.   
51. There is one exemption to the overall encour agement to provide information: pursuant to 
Article 10.8.3, nothing in the Agreement require s Members to disclose information which they 
consider would be contrary to their essential security interests.  
A. PUBLICATION  
1. Publication Obligations of Members 
52. Members must fulfil publication obligations both before the adoption of a technical regulation 
or a conformity assessment procedure and thereafter.  
(a) Before the Adoption of a Technical Regulati on or a Conformity Assessment Procedure 
53. Members are required to publish a notice of a draft technical regulation or conformity 
assessment procedure if it may have a significant effect on trade and whenever an international 
standard does not exist or the draft measure is not in accordance with an international standard 
(Articles 2.9.1 and 5.6.1).  This step can be wa ived in case of urgency (see Articles 2.10 and 5.7).  
The publication of the notice must be made at an "e arly appropriate stage", which is characterized in 
Articles 2.9.1 and 5.6.1 as allowing sufficient time fo r interested parties to become acquainted with a 
proposed technical regulation or co nformity assessment procedure.  
54. At the Third Triennial Review68, the TBT Committee recalled that Members had to provide 
the names of the publications used for such no tices in their statements under Article 15.2.   
55. Also at the Third Triennial Review, the TB T Committee noted the usefulness of sharing 
information, on a voluntary basis, on the future development of draft te chnical regulations and 
conformity assessment procedures before th e relevant notifications were made.69   
56. To date, two Members have provided informati on under Article 2.9.1 by means of Committee 
working documents.70  In the "Survey to Assist Developing Country Members to Identify and 
Prioritize their Specific Needs in the TBT Field" carried out in 2002,71 common problems highlighted 
by developing country Members, which relate to th e implementation of Articles 2.9.1 and 5.6.1, refer 
                                                      
68 G/TBT/13, op. cit.,  para. 18. 
69 Ibid., para. 17. 
70 "Communication from Mexico", 15 April 2003, G/SPS/GEN/387-G/TBT/W/204;  "Registration, Evaluation, 
Authorisation of Chemicals under Article 2.9.1 of the Agreement", Communication from the European Communities, 
22 May 2003, G/TBT/W/208; and "Gradual Introduction of Upper Li mits for Cadmium in Phosphat e Fertilizers as an Early 
Notice under Article 2.9.1 of the Agreement", Communication by the European Communities, 29 August 2003, 
G/TBT/W/226.  
71 At the Second Triennial Review, the TBT Committee agre ed to develop a demand driven technical cooperation 
programme related to the Agreement.  The Committee agreed that the technical cooperation programme would need, as a 
first step, to design a survey questionnaire to assist developi ng countries in needs identificat ion.  See "Questionnaire for a 
Survey to Assist Developing Country Members  to Identify an d Prioritise their Specific Needs in the TBT-Field", Note by 
the Secretariat, 18 July 2002, G/TBT/W/178. G/TBT/W/250 
Page 22  
 
to the lack of specialized publications, and/or to th e lack of staff and/or IT resources with which to 
publish such information.
72 
(b) After the Adoption of a Technical Regulation or a Conformity Assessment Procedure 
57. Pursuant to Articles 2.11 and 5.8, Members are required to publish promptly, or make 
otherwise available, all adopted technical regul ations and conformity assessment procedures, 
including those which did not have a significant effe ct on trade of other Members or those which were 
in accordance with an international standard (i.e. those not covered by the preamble of Articles 2.9 
and 5.6).   
58. In relation to conformity assessment procedures, Members must ensure, pursuant to 
Article 5.2.2, that the standard processing peri od of each conformity assessment procedure is 
published. 
(c) Reasonable Interval between Publication and Entry into Force 
59. Pursuant to Articles 2.12 and 5.9, Members must leave a reasonable interval between the 
publication of technical regulations and conformity  assessment procedures and their entry into force, 
except in the case of urgent circumstances.  The objec tive of this requirement is to allow time for 
producers in exporting Members, and particularly in developing country Members, to adapt their 
products or methods of production to the requirements of the importing Member.   
60. The Ministerial Decision on Implementation- Related Issues and Concerns, adopted on 
14 November 2001 in Doha, states that, subject to th e conditions specified in Article 2.12 on technical 
regulations, the phrase "reasonable interval" had to be understood to mean normally a period of not 
less than six months, except when this would be  ineffective to fulfil the legitimate objectives 
pursued.73  At the Third Triennial Review, the Committ ee reiterated the importance of this decision.74 
2. Publication Obligations of Standardizing Bodies  
(a) Publication Obligations Related to the Work Programme 
61. Under Paragraph J of the Code of Good Practi ce, standardizing bodies must publish, at least 
every six months, their work programme and a noti ce of the existence of the work programme.  In 
order to facilitate the implementation of Paragra ph J, the TBT Committee agreed in 1999 that the 
communication of the work programmes of standardizing bodies via the Internet would be another possibility to fulfil Paragraph J obligations on transparency.
75  For instance in Malaysia, Paragraph J 
obligations are fulfilled by publishing the work programme twice a year in the Standards and Quality 
News  and by announcing, on a regular basis, the approval of new projects and the withdrawal of 
standards in national news papers and on web sites.76 
62. The work programme to be published by standardizing bodies must contain the following 
information (Paragraph J): 
 Their name and address; 
                                                      
72 See "A Compilation and Summary of the Responses R eceived to the Questionnaire for a Survey to Assist 
Developing Country Members to Identify and Prioritise their Sp ecific Needs in the TBT Field", Note by the Secretariat, 
14 October 2002, G/TBT/W/186, page 15. 
73 "Implementation-Related Issues and Concerns", Deci sion of 14 November 2001, WT/MIN(01)/17, para. 5.2. 
74 G/TBT/13, op. cit.,  para. 24. 
75 G/TBT/1/Rev.8, op. cit.,  page 25. 
76 G/TBT/M/34, op. cit. , Annex 2, para. 42.  G/TBT/W/250 
 Page 23 
 
 
 the standards they are currently preparing;  and  
 the standards they have adopted in the preceding period.   
63. As regards the content of the work programme, it "shall for each standard indicate, in 
accordance with any ISONET rules, the classification re levant to the subject matter, the stage attained 
in the standard's development, and the references of any international standards taken as a basis" 
(Paragraph J).  The corresponding ISONET rules,  according to the IS O/WTO Guidelines on 
Notifications, are as follows:77 
 Regarding the classification relevant to the subject matter, the International 
Classification for Standards (ICS)  should be used;  
 regarding the stage attained in the standard's development, the International 
harmonized stage code system for the development of standards  should be used;  and 
 regarding the reference to any intern ational standards taken as a basis, 
ISO/IEC Guide 3: 1981 Identification of national standards that are equivalent to International Standards and ISO/IEC Gu ide 21: 1981 Adoption of International 
Standards in national standards and its A ddendum 1: 1983 Indication of the degree of 
equivalence between national standard s and International Standards are 
recommended. 
64. Pursuant to Paragraph J, a notice of the exis tence of the work programme shall be published 
in a national or, as the case may be, regional publication of standardization activities.  
(b) Publication Obligations Rela ted to Individual Standards 
65. Before adopting a standard, the standardizing bod y shall publish a notice, no later than at the 
start of the comment period, specifying the exact du ration of that period (Paragraph L).  This notice 
must include information on whether the draft standard  deviates from relevant international standards.  
At the Third Triennial Review, the Committee agr eed that the electronic publication of notices 
announcing the periods for comments could constitute another possibility for the fulfilment of this 
transparency obligation.
78  Finally, pursuant to Paragraph O of the Code of Good Practice, once 
adopted, standards must be published promptly. 
B. PROVISION OF COPIES  
66. Members  are required, upon request, to provide copies of proposed technical regulations and 
conformity assessment procedures.  Moreover, Memb ers must, whenever possible, identify the parts 
of the measure which in substance deviate from re levant international standards (Articles 2.9.3 
and 5.6.3).  In the case of adoption of a measure due to urgent problems, copies of the adopted 
measures need to be provided (Articles 2.10.2 an d 5.7.2).  In 1995, the TBT Committee recommended 
the following procedures for the treat ment of requests for documentation: 79 
 Requests for documentation should incl ude all the elements permitting the 
identification of the documents and in pa rticular, the WTO TBT notification number 
(G/TBT/Notif. ...) to which the requests refer; 
 all the elements permitting the identificati on of the documents and the notification 
number should also appear on the documents supplied in response to such requests;    
                                                      
77 G/TBT/W/4/Rev.1, op. cit.,  para. 9. 
78 G/TBT/13, op. cit.,  para. 27. 
79 G/TBT/1/Rev.8, op. cit.,  page 16. G/TBT/W/250 
Page 24  
 
 any request for documentation should be pr ocessed if possible within five working 
days;  and  
 if a delay in supplying the documentation requested is foreseen, this should be 
acknowledged to the requester, along with an estimate of when the documents can be 
provided. 
67. Pursuant to Paragraphs M and P of the Code of Good Practice, standardizing bodies  are 
required, upon request, to provide hard copies of dr aft and adopted standards, and of the most recent 
work programme.  As regards fees charged for provision of documents, national treatment must be afforded to requests from foreign interested parties,  with due adjustments to be made for differential 
costs of delivery. 
C. P
ROVISION OF TRANSLATIONS  
68. Article 10.8 states that the TBT Agreement does not require the publication of texts, nor the 
provision of details or copies of drafts other than  in the language of the Member, except as stated in 
Article 10.5.  Pursuant to Article 10.5, developed country  Members  are required, upon request, to 
provide in one of the three official WTO languages, translations of: 
 The documents covered by a specific notification;  or  
 in case of voluminous documents, summaries of such documents. 
69. In 1995, the TBT Committee agreed on procedur es to enhance the sharing and dissemination 
of existing translations:80  
 When a Member seeks a copy of a document  relating to a notification which does not 
exist in that Member's WTO working langua ge, it will be advised, on request, by the 
notifying Member of other Members that have  requested, as of that date, a copy of the 
document.  The Member seeking a copy of a document relating to a notification may then contact such other Members in order to determine whether the latter are prepared to share, on mutually agreed terms, any tr anslation that they have or will be making 
into the relevant WTO working language(s); 
 when a translation of a relevant document ex ists or is planned, this fact shall be 
indicated on the WTO TBT notification form next to the title of the document.  If only a translated summary exists, the fact that  such a summary is available shall be 
similarly indicated;  and 
 upon receipt of a request for documents, any translated summaries that exist in the 
language of the requester or, as the case may be, in a WTO working language, shall 
be automatically sent with the orig inal of the documents requested. 
70. At the Third Triennial Review, Members were encouraged to provide, under Article 10.5, 
translations of the documents covered by specific no tifications, in any WTO official language of their 
choice without being requested to do so.   
71. The only obligation in the TBT Agreement in re lation to the translation of standards is 
contained in Paragraph J, pursuant to which standardizing bodies  are required, upon request, to 
provide the titles of specific draft standards in English, French or Spanish. 
                                                      
80 Ibid.  G/TBT/W/250 
 Page 25 
 
 
D. USE OF ELECTRONIC TOOLS  
72. The use of electronic tools was recognized by  the TBT Committee as a means to increase 
access to, and exchange of, information by Members.81  Electronic instruments can also make it 
easier, and maximize the time available, to receive notifications, obtain and translate relevant documents, and present comments.   
73. In 1999, the TBT Committee recommended the followi ng procedure with regard to the use of 
electronic tools in making requests for documentation:
82  
 E-mail requests for documentation should include name, organization, address, 
telephone and fax numbers, and e-mail address; and  
 electronic delivery of documentation is encouraged and requests should indicate 
whether an electronic version or hard copy is desired. 
74. The use of the Internet as a means to facilitate a ccess to and exchange of information has been 
discussed frequently in the TBT Committee.  At  the Second Triennial Review, the TBT Committee 
encouraged Members, whenever possible, to prep are notifications by downloading, filling out and 
returning the complete form by e-mail to the Secretariat.83 
75. At the Third Triennial Review, the Committee noted that the exchange of information 
between Members on the future development of draf t technical regulations and conformity assessment 
procedures could be done electronically.  In this context, Members were encouraged to draw the 
attention of the Committee to such information.84  The TBT Committee requested Members to 
transmit their notifications to the Secretariat elec tronically via the CRN in order to accelerate their 
processing.85  Moreover, the Committee agreed to ex amine the feasibility of creating a central 
depository for notifications on the WTO web site , which would enable Members to complete 
notification forms on line.  This would complement, not replace, the submission of notifications to the 
CRN.  At the Fourth Special Meeting on Procedures for Information Exchange, Canada reiterated this 
proposal.  The proposal meant the development of  a protected web page related to the WTO 
"Documents Online" web site accessible only by Members' enquiry points through specific user 
accounts. 
IV. ENQUIRY POINTS 
A. ESTABLISHMENT OF ENQUIRY POINTS  
76. Under the TBT Agreement, two provisions ma ndate Members to create enquiry points.  
Article 10.1 concerns enquiries regarding, inter alia , technical regulations, conformity assessment 
procedures and standards issued by central a nd local government bodies, and non-governmental 
bodies which are entrusted with the le gal power to enforce a technical re gulation.  Article 10.3 relates, 
inter alia , to enquiries on standards and conformity assessment procedures issued by other 
non-governmental bodies and regional bodies of which they are members.   
77. The obligation of Members under Article 10.3 differs from the requirements under 
Article 10.1 in two ways:  first, under Article 10.1, Members must ensure  that an enquiry point exists 
and is able to reply to enquiries, while  under Article 10.3, Members must only take such reasonable 
measures as may be available  to them to ensure that an e nquiry point exists;  second, under 
                                                      
81 G/TBT/1/Rev.8, op. cit. , page 18. 
82 Ibid, page 16. 
83 G/TBT/9, Annex 3, op. cit.,  page 22. 
84 G/TBT/13, op. cit.,  para. 17. 
85 Ibid., para. 26. G/TBT/W/250 
Page 26  
 
Article 10.1, Members are encouraged to set up only one enquiry point (although the possibility exists 
under Article 10.2 of setting up more than one, for legal or administrative reasons) while under 
Article 10.3 it is recognized that more th an one enquiry point may be established. 
78. At the Third Triennial Review, the TBT Co mmittee reiterated the im portance of Members 
fulfilling their obligations under Article 10.1, an d invited them to share their knowledge and 
experience in this regard.
86  For instance, the Kenyan national TBT enquiry point was established 
aided by technical assistance from WTO/UNCTAD/ITC under Phase I of a JITAP project, which provided technical facilities, helped setting up a tech nical regulation database, and organized a study 
tour of European enquiry points.
87   
79. If more than one enquiry point is established, Members must provide "complete and 
unambiguous information" on the scope of responsib ility of each enquiry point, and ensure that any 
enquiries addressed to an incorrect enquiry point are promptly conveyed to the correct one (Article 10.2).  From 1995-2004, 127 Members have provided information on the existence of one or 
more TBT enquiry point(s).
88  Most Members have one enquiry point only.89  Where there are two or 
more, their respective responsibility relates to either t echnical regulations or standards.  In some cases, 
enquiry points are in charge of specific products or categories of products. 
Figure 13: Number of Members with One or More TBT Enquiry Points 
 
 
 
   
 
  
 
  
 
  
 
 
80. In the "Survey to Assist Developing Country Members to Identify and Prioritize their Specific 
Needs in the TBT Field" carried out in 2002, developing country Members highlighted their difficulties with respect to the establishment and functioning of national enquiry points, mainly due to the lack of financial and human resources, as we ll as a lack of access to modern telecommunication 
networks and equipment.
90  Furthermore, most responses indicated that infrastructure and capacity 
building in relation to the transparency provi sions of the Agreement were priority needs.91 
81. It appears that in most developing country Members, the enquiry point and the central 
government authority responsible for the implemen tation of notification obligations are the same 
                                                      
86 G/TBT/13, op. cit. , para. 7. 
87 G/TBT/M/34, Annex 2, op. cit. , para. 56. 
88 The addresses are contained in document "National Enquir y Points", Note by the Secretariat, G/TBT/ENQ/26, to 
be issued and are available on the TBT website at http ://www.wto.org/english/tratop_e/tb t_e/tbt_enquiry _points_e.htm. 
89 Examples of Members with two different enquiry points are:  Austria, Chile, Th ailand and the United Kingdom. 
90 G/TBT/W/186, op. cit.,  page 8. 
91 "An Analysis of the Priorities Identified by Deve loping Country Members in their Responses to the 
Questionnaire for a 'Survey to Assist Developing Country Me mbers to Identify and Prioritise their Specific Needs in the 
TBT Field'", 10 February 2003, G/TBT/W/193. 101
16 1024
020406080100120
One Enquiry Point Two Enquiry
PointsThree or more
Enquiry PointsInformation not
provided G/TBT/W/250 
 Page 27 
 
 
institution.92  When they differ, coordination between them is sought through meetings, common 
participation in national committees  or sub-committees and reporting.  This is the case in Uganda 
where the notification authority and the enquiry  point differ and a national TBT/SPS Coordination 
Committee has been established to increase coordination between them.93  Most developing country 
Members have three or more people serving at the national enquiry point.94  However, in many cases, 
staff seem to have additional professional responsib ilities and are not in a position to work full-time 
on enquiry point issues. 
B. FUNCTIONING OF ENQUIRY POINTS  
1. Processing of Requests 
82. Pursuant to Articles 10.1 and 10.3, an enquiry  point is mandated to answer all "reasonable 
enquiries". With a view to encouraging a uniform application of these provisions, the TBT Committee 
recommended in 1995 that an enquiry should be c onsidered "reasonable" when it is limited to a 
specific product , or group of products.  It should not refer to an entire business branch or field of 
regulations, or procedures for assessment of conformity.95  Moreover, when an enquiry is made on a 
composite product , the Committee recommended that the parts or components, for which information 
is sought, be defined to the greatest extent possible.   Finally, when a request is made concerning the 
use of a product,  it was suggested that the use be related to a specific field. 
83. Concerning enquiries under Articles 10.1.4 and 10.3. 3 on the membership and participation in 
international and regional standa rdizing bodies and conformity assessment systems as well as in 
bilateral arrangements, the TBT Co mmittee further recommended that enquiry points also be prepared 
to provide information with respect to a specific pr oduct or group of products .96   
84. Moreover, the TBT Committee agreed in 1995 that an enquiry point should, as a first step, 
acknowledge the receipt of the enquiry, without further request. 97   
2. Information to be Provided 
85. Pursuant to Articles 10.1 and 10.3, enquiry points are required to provide information 
regarding: 
 Any technical regulations  adopted or proposed within its territory by central 
government bodies; local government bodies; non-governmental bodies, which have legal power to enforce a technical regula tion; or regional standardizing bodies of 
which central, local or non-governmental bodi es, which have legal power to enforce a 
technical regulation, are members or participants; 
 any conformity assessment procedures , or proposed conformity assessment 
procedures, operated within its territory by central government bodies; local 
government bodies; non-governmental bodies, wh ich have legal power to enforce a 
technical regulation; or regional bodies of  which central, local or non-governmental 
bodies, which have legal power to enforce a technical regulation, are members or participants;  
                                                     
 
92 According to the information made available to the Secretariat during the 2004 TBT regional technical 
assistance activities. 
93 G/TBT/M/34, op. cit. , paras. 64-65. 
94 According to the information made available to the Secretariat during the 2004 TBT regional technical 
assistance activities.  
95 G/TBT/1/Rev.8, op. cit.,  page 21. 
96 Ibid. 
97 Ibid. G/TBT/W/250 
Page 28  
 
 any standards  adopted or proposed within its territory by central government bodies; 
local government bodies; by non-governmental standardizing bodies; or regional standardizing bodies of which central, local or non-governmental bodies are members or participants; 
 the participation in, the provisions  and membership  of, international and regional 
standardizing bodies and conformity assessment  systems, as well as in bilateral and 
multilateral arrangements within the scope of this Agreement, of the following 
bodies: the Member; relevant central government bodies; relevant local government bodies; or relevant non-governmental bodies; 
 the location of notices  published pursuant to the Agreement, or the provision of 
information as to where such information can be obtained;  and 
 the location of the enquiry points  mentioned in Article 10.3, i.e. the enquiry point in 
charge of answering queries on standards and conformity assessment procedures issued by non-governmental bodies, which do not have legal power to enforce a technical regulation, and regional bodies of which they are members.  
86. In order to promote the role of enquiry points in answering queries from Members, the 
TBT Committee, in 1995, encouraged Members to  issue brochures on their enquiry points.  These 
brochures should follow a recommended layout, which includes:  (i) the objective and complete contact details of the TBT enquiry point; (ii) th e information available from the enquiry point; and 
(iii) the facilities offered (including charges, if any).
98 
3. Use of Electronic Facilities by Enquiry Points 
87. At its meeting in November 1998, the TBT Committee requested the Secretariat to carry out a 
survey on the electronic facilities available to nationa l enquiry points.  The purpose of the survey was 
to determine what steps needed to be taken to facilitate the electronic transmission of documents 
between Members.  In January 1999, questionnair es were sent to the national enquiry points of 
89 Members99, and replies were received from 67 enquiry points of 59 Members.100  T h e  s u r v e y  
showed, inter alia , the following results: 
 Almost all the enquiry points had Internet access and e-mail;  and 
 fifty enquiry points regularly transmitted documents electronically.   
88. In the "Survey to Assist Developing Country Me mbers to Identify and Prioritise their Specific 
Needs in the TBT Field" carried out in 2002, deve loping country Members highlighted the need of 
enquiry points to upgrade their electronic equipment.101  While a web site or an e-mail address are 
often in place, telecommunication problems prevent enquiry points from working efficiently.  Several 
developing country Members recognized the impor tance of setting up databases of national and 
foreign technical regulations, but stressed that  their maintenance was sometimes difficult. 
4. Other Services that may be Provided by Enquiry Points 
89. In addition to fulfilling the obligations discussed above, certain enquiry points have 
performed additional tasks, for instance related to the better dissemination and understanding of 
                                                      
98 Ibid., pages 19-21. 
99 As listed in document "National Enqui ry Points", Note by the Secretar iat, 3 December 1998, G/TBT/ENQ/13. 
100 See "Survey on the Electronic Facilities Available in Nationa l Enquiry Points", G/TBT/W/105 
(19 February 1999), G/TBT/W/105/Suppl.1 (12 Ma y 1999) and G/TBT/W/105/Suppl.2 (1 September 1999). 
101 G/TBT/W/186, op. cit.,  pages 8-10.  G/TBT/W/250 
 Page 29 
 
 
TBT-related information.  For instance, at the Th ird and Fourth Special Meetings on Procedures for 
Information Exchange, Canada described the functioning of its Export Alert! system, which 
disseminates foreign notifications to Canadian stakeholders through a web-enabled application.102  
Export Alert! allows, inter alia , to track regulatory developments in selected countries and selected 
areas, to request regulatory texts more easily at the click of a button, and to receive HTML e-mails on 
new notifications.  Canada has also  developed a Spanish version of Export Alert! to help 
Latin American countries with the dissemination of  WTO notifications to national stakeholders.  
Similar systems have been set up by other na tional enquiry points:  "TBT website" in the 
European Communities;  "AlertaExportador" in Braz il;  "Notificarnom-Alert" in Mexico;  and the 
Chinese TBT/SPS web site.  
90. During the discussion at the Fourth Special Mee ting on Procedures for Information Exchange 
and in the WTO Secretariat's technical  assistance activities, it appeared that certain enquiry points also 
played a role in collecting comments received fro m interested domestic parties, and preparing 
comments on other Members' regulations which were of relevance to domestic parties. 
_______________ 
 
 
                                                      
102  G/TBT/M/24, op. cit. , pages 23-24 and G/TBT/M/34, op. cit.,  para. 22.  G/TBT/W/250 
Page 30  
 
ANNEX 1: TBT PROVISIONS RELEVANT TO TRANSPARENCY 
 
Article 2  
Preparation, Adoption and Application of Technical Regulations   
by Central Government Bodies  
 
 With respect to their central government bodies: .../... 
2.9 Whenever a relevant international standard  does not exist or the technical content of a 
proposed technical regulation is not in accordance with  the technical content of relevant international 
standards, and if the technical regulation may have a significant effect on trade of other Members, 
Members shall: 
2.9.1 publish a notice in a publication at an  early appropriate stage, in such a 
manner as to enable interested parties in other Members to become acquainted with it, that they propos e to introduce a particular technical 
regulation;  
2.9.2 notify other Members through the Secretariat of the products to be covered 
by the proposed technical regulation, together with a brief indication of its objective and rationale.  Such notifications shall take place at an early appropriate stage, when amendments  can still be introduced and comments 
taken into account;  
2.9.3 upon request, provide to other Member s particulars or copies of the proposed 
technical regulation and, whenever possible, identify the parts which in 
substance deviate from relevant international standards; 
2.9.4 without discrimination, allow reasonable time for other Members to make 
comments in writing, discuss these comments upon request, and take these written comments and the results of these discussions into account.  
2.10 Subject to the provisions in the lead-in to  paragraph 9, where urgent problems of safety, 
health, environmental protection or national security arise or threaten to arise for a Member, that 
Member may omit such of the steps enumerated in paragraph 9 as it finds necessary, provided that the 
Member, upon adoption of a technical regulation, shall:  
2.10.1 notify immediately other Members through the Secretariat of the particular 
technical regulation and the products cove red, with a brief indication of the 
objective and the rationale of the techni cal regulation, including the nature of 
the urgent problems; 
2.10.2 upon request, provide other Members with copies of the technical regulation; 2.10.3 without discrimination, allow other Members to present their comments in 
writing, discuss these comments upon request, and take these written 
comments and the results of these discussions into account.  
2.11 Members shall ensure that all technical re gulations which have been adopted are published 
promptly or otherwise made available in such a manner as to enable interested parties in other 
Members to become acquainted with them. 
2.12 Except in those urgent circumstances refe rred to in paragraph 10, Members shall allow a 
reasonable interval between the publication of technical  regulations and their entry into force in order 
to allow time for producers in exporting Members, and particularly in deve loping country Members, 
to adapt their products or methods of producti on to the requirements of the importing Member. 
 
  G/TBT/W/250 
 Page 31 
 
 
Article 3  
Preparation, Adoption and Application of Technical Regulations  
by Local Government Bodies and Non-Governmental Bodies  
 
 With respect to their local government and n on-governmental bodies within their territories: 
3.1 Members shall take such reasonable measures as may be available to them to ensure 
compliance by such bodies with the provisions of Ar ticle 2, with the exception of the obligation to 
notify as referred to in paragraphs  9.2 and 10.1 of Article 2. 
3.2 Members shall ensure that the technical regul ations of local governments on the level directly 
below that of the central government in Member s are notified in accordance with the provisions of 
paragraphs 9.2 and 10.1 of Article 2, noting that  notification shall not be required for technical 
regulations the technical content of which is subs tantially the same as that of previously notified 
technical regulations of central government bodies of the Member concerned. 
3.3 Members may require contact with other Members, including the notifications, provision of 
information, comments and discussions referred to in pa ragraphs 9 and 10 of Article 2, to take place 
through the central government.   
.../...  
Article 5  
Procedures for Assessment of Conformity by Central Government Bodies  
 .../... 
5.6 Whenever a relevant guide or recommendation issued by an international standardizing body 
does not exist or the technical content of a proposed conformity assessment procedure is not in accordance with relevant guides and recommendations  issued by international standardizing bodies, 
and if the conformity assessment procedure may have a significant effect on trade of other Members, 
Members shall: 
5.6.1 publish a notice in a publication at an  early appropriate stage, in such a 
manner as to enable interested parties in other Members to become acquainted with it, that they propose to  introduce a particular conformity 
assessment procedure; 
5.6.2 notify other Members through the Secretariat of the products to be covered 
by the proposed conformity assessment procedure, together with a brief 
indication of its objective and rationale.  Such notifications shall take place at 
an early appropriate stage, when am endments can still be introduced and 
comments taken into account; 
5.6.3 upon request, provide to other Member s particulars or copies of the proposed 
procedure and, whenever possible, id entify the parts which in substance 
deviate from relevant guides or recommendations issued by international standardizing bodies;        
5.6.4 without discrimination, allow reasonable time for other Members to make 
comments in writing, discuss these comments upon request, and take these written comments and the results of these discussions into account. 
5.7 Subject to the provisions in the lead-in to paragraph 6, where urgent problems of safety, 
health, environmental protection or national security arise or threaten to arise for a Member, that 
Member may omit such of the steps enumerated in  paragraph 6 as it finds necessary, provided that the 
Member, upon adoption of the procedure, shall: 
5.7.1 notify immediately other Members through the Secretariat of the particular 
procedure and the products covered, wi th a brief indication of the objective 
and the rationale of the procedure, including the nature of the urgent 
problems; G/TBT/W/250 
Page 32  
 
5.7.2 upon request, provide other Members with copies of the rules of the 
procedure; 
5.7.3 without discrimination, allow other Members to present their comments in 
writing, discuss these comments upon request, and take these written comments and the results of these discussions into account. 
5.8 Members shall ensure that all conformity assessment procedures which have been adopted are 
published promptly or otherwise made available in such a manner as to enable interested parties in 
other Members to become acquainted with them. 
5.9 Except in those urgent circumstances referre d to in paragraph 7, Members shall allow a 
reasonable interval between the publication of requirements concerning conformity assessment 
procedures and their entry into force in order to  allow time for producers in exporting Members, and 
particularly in developing country Members, to adap t their products or methods of production to the 
requirements of the importing Member.  
 
Article 7  
Procedures for Assessment of Conformity by Local Government Bodies  
 
 With respect to their local government bodies within their territories: 
7.1 Members shall take such reasonable measures as may be available to them to ensure 
compliance by such bodies with the provisions of  Articles 5 and 6, with the exception of the 
obligation to notify as referred to in pa ragraphs 6.2 and 7.1 of Article 5. 
7.2 Members shall ensure that the conformity  assessment procedures of local governments on the 
level directly below that of the central governme nt in Members are notified in accordance with the 
provisions of paragraphs 6.2 and 7. 1 of Article 5, noting that notifications shall not be required for 
conformity assessment procedures the technical content of which is substantially the same as that of 
previously notified conformity assessment proce dures of central government bodies of the Members 
concerned. 
7.3 Members may require contact with other Members, including the notifications, provision of 
information, comments and discussions referred to in paragraphs 6 and 7 of Ar ticle 5, to take place 
through the central government. 
.../...  
Article 8  
Procedures for Assessment of Conformity by Non-Governmental Bodies  
 
8.1 Members shall take such reasonable measures as may be available to them to ensure that non-
governmental bodies within their territories which operate conformity assessment procedures comply 
with the provisions of Articles 5 and 6, with the exception of the obligation to notify proposed 
conformity assessment procedures.  In addition, Members shall not take measures which have the 
effect of, directly or indirectly, requiring or enco uraging such bodies to act in a manner inconsistent 
with the provisions of Articles 5 and 6. 
8.2 Members shall ensure that  their central government bodies rely on conformity assessment 
procedures operated by non-governmental bodies only if these latter bodies comply with the 
provisions of Articles 5 and 6, with the exception of the obligation to notify proposed conformity 
assessment procedures. 
  G/TBT/W/250 
 Page 33 
 
 
Article 9  
International and Regional Systems  
 
.../... 9.2 Members shall take such reasonable measures as  may be available to them to ensure that 
international and regional systems for conformity  assessment in which relevant bodies within their 
territories are members or participants comply with the provisions of Articles 5 and 6.  In addition, 
Members shall not take any measures which have the effect of, directly or indirectly, requiring or 
encouraging such systems to act in a manner incons istent with any of the provisions of Articles 5 
and 6. 
9.3 Members shall ensure that their central government bodies rely on international or regional 
conformity assessment systems only to the extent th at these systems comply with the provisions of 
Articles 5 and 6, as applicable. 
 
Article 10  
Information about Technical Regulations, Standards and  
Conformity Assessment Procedures  
 
10.1 Each Member shall ensure that an enquiry poin t exists which is able to answer all reasonable 
enquiries from other Members and interested part ies in other Members as well as to provide the 
relevant documents regarding: 
10.1.1 any technical regulations adopted or proposed within its territory by central 
or local government bodies, by non-go vernmental bodies which have legal 
power to enforce a technical regulation, or by regional standardizing bodies of which such bodies are members or participants; 
10.1.2 any standards adopted or proposed w ithin its territory by central or local 
government bodies, or by regional sta ndardizing bodies of which such bodies 
are members or participants; 
10.1.3 any conformity assessment procedures, or proposed conformity assessment 
procedures, which are operated within its territory by central or local government bodies, or by non-government al bodies which have legal power 
to enforce a technical regulation, or by regional bodies of which such bodies 
are members or participants; 
10.1.4 the membership and participation of the Member, or of relevant central or 
local government bodies within its terr itory, in international and regional 
standardizing bodies and conformity assessment systems, as well as in 
bilateral and multilateral arrangements w ithin the scope of this Agreement; it 
shall also be able to provide reasonabl e information on the provisions of such 
systems and arrangements; 
10.1.5 the location of notices published pursuan t to this Agreement, or the provision 
of information as to where such information can be obtained;  and 
10.1.6 the location of the enquiry points mentioned in paragraph 3. 
10.2 If, however, for legal or administrative reasons  more than one enquiry point is established by 
a Member, that Member shall provide to the ot her Members complete and unambiguous information 
on the scope of responsibility of each of these enquiry points.  In addition, that Member shall ensure G/TBT/W/250 
Page 34  
 
that any enquiries addressed to an incorrect enquiry point shall promptly be conveyed to the correct enquiry point. 
10.3 Each Member shall take such reasonable measure s as may be available to it to ensure that one 
or more enquiry points exist which are able to  answer all reasonable enquiries from other Members 
and interested parties in other Members as well as to  provide the relevant docum ents or information as 
to where they can be obtained regarding: 
10.3.1 any standards adopted or proposed w ithin its territory by non-governmental 
standardizing bodies, or by regional standardizing bodies of which such bodies are members or participants; and 
10.3.2 any conformity assessment procedures, or proposed conformity assessment 
procedures, which are operated within  its territory by non-governmental 
bodies, or by regional bodies of which such bodies are members or participants; 
10.3.3 the membership and participati on of relevant non-governmental bodies 
within its territory in internationa l and regional standardizing bodies and 
conformity assessment systems, as well as in bilateral and multilateral 
arrangements within the scope of this Ag reement; they shall also be able to 
provide reasonable information on the provisions of such systems and arrangements. 
10.4 Members shall take such reasonable measures as  may be available to them to ensure that 
where copies of documents are requested by othe r Members or by interested parties in other 
Members, in accordance with the provi sions of this Agreement, they are supplied at an equitable price 
(if any) which shall, apart from the real cost  of delivery, be the same for the nationals
103 of the 
Member concerned or of any other Member. 
10.5 Developed country Members shall, if requ ested by other Members, provide, in English, 
French or Spanish, translations of the documents  covered by a specific notification or, in case of 
voluminous documents, of summaries of such documents. 
10.6 The Secretariat shall, when it receives notifica tions in accordance with the provisions of this 
Agreement, circulate copies of the notifications  to all Members and interested international 
standardizing and conformity assessment bodies, a nd draw the attention of developing country 
Members to any notifications relating to pr oducts of particular interest to them. 
10.7 Whenever a Member has reached  an agreement with any other country or countries on issues 
related to technical regulations, standards or conformity assessment pro cedures which may have a 
significant effect on trade, at least one Member party to the agreement shall notify other Members 
through the Secretariat of the products to be cove red by the agreement and include a brief description 
of the agreement.  Members concer ned are encouraged to enter, upon request, into consultations with 
other Members for the purposes of concluding si milar agreements or of arranging for their 
participation in such agreements. 
10.8 Nothing in this Agreement shall be construed as requiring: 
10.8.1 the publication of texts other than in the language of the Member; 10.8.2 the provision of particulars or copies of drafts other than in the language of 
the Member except as stated in paragraph 5; or 
                                                     
 
103 "Nationals" here shall be deemed, in the case of a separate customs territory Member of the WTO, 
to mean persons, natural or legal, who are domiciled or who have a real and effective industrial or commercial 
establishment in that customs territory.  G/TBT/W/250 
 Page 35 
 
 
10.8.3 Members to furnish any information,  the disclosure of which they consider 
contrary to their essential security interests. 
10.9 Notifications to the Secretariat sha ll be in English, French or Spanish. 
10.10 Members shall designate a single central govern ment authority that is responsible for the 
implementation on the national level of the provi sions concerning notification procedures under this 
Agreement except those included in Annex 3.  
10.11 If, however, for legal or administrative reas ons the responsibility for notification procedures 
is divided among two or more central government au thorities, the Member concerned shall provide to 
the other Members complete and unambiguous info rmation on the scope of responsibility of each of 
these authorities. 
 
Article 15  
Final Provisions  
 
.../... 
15.2 Each Member shall, promptly after the date  on which the WTO Agreement enters into force 
for it, inform the Committee of measures in existe nce or taken to ensure the implementation and 
administration of this Agreement.  Any changes of such measures thereafter shall also be notified to 
the Committee.  
15.3 The Committee shall review annually the impl ementation and operati on of this Agreement 
taking into account the objectives thereof.  
15.4 Not later than the end of the third year from the date of entry into force of the WTO 
Agreement and at the end of each three-year pe riod thereafter, the Committee shall review the 
operation and implementation of this Agreement, including the provisions relating to transparency, 
with a view to recommending an adjustment of th e rights and obligations of this Agreement where 
necessary to ensure mutual economic advantage and balance of rights and obligations, without 
prejudice to the provisions of Article 12.  Having regard, inter alia,  to the experience gained in the 
implementation of the Agreement, the Committee shall, where appropriate, submit proposals for 
amendments to the text of this Agre ement to the Council for Trade in Goods. 
 
 
ANNEX 3 
CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND 
APPLICATION OF STANDARDS 
 
J. At least once every six months, the sta ndardizing body shall publish a work programme 
containing its name and address, the standards it is currently preparing and the standards which it has 
adopted in the preceding period.  A standard is  under preparation from the moment a decision has 
been taken to develop a standard until that standa rd has been adopted.  The titles of specific draft 
standards shall, upon request, be provided in English,  French or Spanish.  A notice of the existence of 
the work programme shall be published in a nati onal or, as the case may be, regional publication of 
standardization activities. 
 The work programme shall for each standard indicate, in accordance with any ISONET rules, 
the classification relevant to the subject matter, the stage attained in the standard's development, and 
the references of any international st andards taken as a basis.  No later than at the time of publication G/TBT/W/250 
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of its work programme, the standardizing body sh all notify the existence thereof to the ISO/IEC 
Information Centre in Geneva. 
 The notification shall contain the name and a ddress of the standardizing body, the name and 
issue of the publication in which the work progra mme is published, the period to which the work 
programme applies, its price (if any), and how and wh ere it can be obtained.  The notification may be 
sent directly to the ISO/IEC Information Centre, or , preferably, through the relevant national member 
or international affiliate of ISONET, as appropriate. 
L. Before adopting a standard, the standardizing b ody shall allow a period of at least 60 days for 
the submission of comments on the draft standard by  interested parties within the territory of a 
Member of the WTO.  This period may, however, be shortened in cases where urgent problems of 
safety, health or environment arise or threaten to arise.  No later than at the start of the comment 
period, the standardizing body shall publish a notice announcing the period for commenting in the 
publication referred to in paragraph J.  Such notif ication shall include, as far as practicable, whether 
the draft standard deviates from re levant international standards. 
M. On the request of any interested party with in the territory of a Member of the WTO, the 
standardizing body shall promptly provide, or arrang e to provide, a copy of a draft standard which it 
has submitted for comments.  Any fees charged for th is service shall, apart from the real cost of 
delivery, be the same for fo reign and domestic parties. 
N. The standardizing body shall take into account, in the further processing of the standard, the 
comments received during the period for commenting.  Comments received through standardizing bodies that have accepted this Code of Good Practice sh all, if so requested, be replied to as promptly 
as possible.  The reply shall include an explana tion why a deviation from relevant international 
standards is necessary. 
O. Once the standard has been adopted, it shall be promptly published. P. On the request of any interested party with in the territory of a Member of the WTO, the 
standardizing body shall promptly provide, or arra nge to provide, a copy of its most recent work 
programme or of a standard which it produced.  Any fees charged for this service shall, apart from the 
real cost of delivery, be the same for foreign and domestic parties. 
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