WORLD TRADE
ORGANIZATIONG/TBT/W/197
14 March 2003
(03-1518)
Committee on Technical Barriers to Trade Original:  English
THIRD TRIENNIAL REVIEW OF THE TBT AGREEMENT
Submission from the European Communities
I. INTRODUCTION
1. The EC believes that the Third Triennial Review of the TBT Agreement is a valuable
opportunity to improve the interpretation and implementation of the TBT Agreement so as to help
ensure that technical barriers to trade do not constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on internati onal trade.  The importance of the Review for the
EC is reinforced by the significant and growing impact of technical regulations, standards andconformity assessment procedures on trade.
2. EC priorities for the Review are: (1) Helping developing countries benefit from the
Agreement; (2) Promoting appropriate conformity assessment procedures; (3) Enhancing transparency
in the preparation of technical regulations, standards and conformity assessment procedures, including
with regard to the handling of comments on notifications by other WTO Members; (4) Takingforward TBT Committee discussions on labelling; and (5) Helping Members identify and use an
appropriate mix of measures to facilitate trade in the TBT field.
3. The EC also proposes that the Review, as a starting point, examines the achievements of the
First and Second Triennial Reviews
1, including the decision on principles for the development of
international standards, guides and recommendati ons.  Furthermore, the EC believes that it is
important that Members should be informed of recent developments in the elaboration of
ISO/IEC standards relevant to the terms and definitions used in the TBT Agreement.  AnotherEC proposal is to consider the status, where ap propriate, of the growing body of decisions and
recommendations adopted by the TBT Committee.
II. THE DEVELOPMENT DIMENSION
4. The EC proposes that the Committee agrees to complete the development of its
technical cooperation programme launched in the Second Triennial Review.  This programme is
developing on the basis of a number of agreed elements, in particular the design and completion of a
survey to assist developing countries in the identification and prioritization of specific needs.
5. The EC suggests that more attention is now given to the technical co-operation programme's
other agreed elements, notably consideration of existing technical assistance activities with a view tothe effective and efficient development of technical assistance programmes; enhancement of co-
operation between donors; reassessment of needs in ligh t of priorities; the identification of technical
assistance partners and financial considerations.  The EC also believes that particular attention could
be given to monitoring and evaluating the development of the technical co-operation programme.
                                                     
1 Documents G/TBT/5 and G/TBT/9G/TBT/W/197
Page 2
6. The EC believes that efforts need to continue to enhance the participation of developing
countries in the international standardisation process.  The Doha Ministerial Decision urges the
WTO Director-General to continue his efforts to enhance the effective participation of least developed
countries in the international standardisation process and facilitate the provision of technical and
financial assistance for this purpose2.  The EC welcomes the efforts of the Director-General to this
end and proposes that the TBT Committee considers ideas for continuing and building on this work.
7. The EC would like the transparency of technical assistance programmes to be enhanced.  As
part of its efforts to respond to the need for TBT technical assistance, the EC is funding a number of
projects.  The EC submitted to the TBT Committee in October 2002 an indicative list of its technical
assistance activities in the TBT field3.  The EC plans to submit an updated version of this list before
the conclusion of the Third Triennial Review, along with additional information on the integration ofTBT technical assistance in its development co-operation programmes.  The EC invites other donor
Members and observers to share information on their activities or to update the information already
provided.
III. CONFORMITY ASSESSMENT
8. Conformity assessment plays a vital role in ensuring the fulfilment of legitimate public policy
objectives, such as the protection of health and the environment.  However, it can act as a substantial
burden on exporters and importers, particularly when a variety of procedures are applied in domestic
and foreign markets for similar products.
9. The EC would like to use the Third Triennial  Review to promote the use of appropriate
conformity assessment procedures, with consideration being given to the development of some form
of guidance.  The EC proposes that the Committee builds on the indicative list of approaches to
facilitate acceptance of the results of conformity assessment, as agreed in the Second Triennial
Review.
10. EC experience is that supplier's declaration of conformity can facilitate market access without
prejudice to the fulfilment of legitimate public policy objectives, when it is combined with effective
product liability laws and well developed market surveillance systems.  The EC proposes that
Members continue to exchange experience with regard to the use of supplier's declaration of
conformity.
11. Where third party conformity assessment is used, the TBT Agreement (Article 6.1.1)
highlights the use of accreditation as a possible tool for Members to verify the technical competence
of conformity assessment bodies in exporting countries.  The EC considers that accreditation, whenoperated to recognised international standards, o ffers a valuable mechanism to help promote the
acceptance of conformity assessment activities, thus potentially acting as a useful trade facilitationtool.  Regional schemes for co-operation in the accreditation field may also offer significant benefits.
Furthermore, arrangements between national and regional accreditation bodies and international
accreditation bodies have raised the potential for accre ditation to be used to this end.  Overall, the
EC believes that the Triennial Review should examine the issue of accreditation and give particular
attention to its potential to help developing country exporters.
                                                     
2 WT/MIN(01)/17 of 20 November 2001, para. 5.3;  Implementation-related issues and concerns -
Decision of 14 November 2001
3 Document G/TBT/W/188G/TBT/W/197
Page 3
IV. TRANSPARENCY
12. The EC would like to enhance further the im plementation of TBT provisions on transparency
in order to help WTO Members, notably developing countries, make effective use of the opportunities
provided by TBT notification procedures.  To this end, the EC proposes that the TBT Committee
examines ways to promote a more widespread distribution of comments and replies on draft technicalregulations and conformity assessment procedures.  One mechanism to achieve this could be through
the establishment of national web-sites publishing notifications, comments and replies.  Some
WTO Members have established, or are in the process of setting up, such web-sites.  It may be useful
to draw the attention of the Committee to these web-sites to help enhance transparency.  Another
possibility would be the publication of comments on notifications and subsequent replies on the
WTO web-site.  The EC would also like to explore ways to facilitate access to final texts of notified
proposals, possibly through national web-sites or the WTO web-site.
13. The EC remains concerned about the low level of notifications at a sub-state level.  The EC
proposes that the TBT Committee considers this issue with a view to helping Members fulfil sub-state
notification obligations.
V. LABELLING
14. The EC is concerned that there is a lack of clarity with regard to the scope of labelling
requirements covered by the TBT Agreement and the application of relevant TBT provisions.  The EC
proposes that the Third Triennial Review examines this concern.
15. The EC also believes that there is a need: to address developing country concerns on their
capacity to comply with labellin g requirements in export markets; to enhance the transparency of
labelling schemes; to ensure the consumers' right to information; to promote relevant international
standards on labelling; and to examine the application of equivalency or mutual recognition where
appropriate.
16. To help take discussions on labelling forward, the EC supports the TBT Committee holding a
workshop.  The objective of such a workshop could be for participants to gain a better understanding
of labelling issues with an impact on trade.  Discussions could draw on the TBT Secretariat papers on
labelling notifications and implementation discussions concerning labelling
4.  The EC supports having
the workshop open to TBT Committee observers and members of other Committees.  Speakers could
include interested bodies and organizations involved in labelling.
17. The EC position on labelling is set out in (1) its submission on labelling to the TBT and
CTE Committees5;  (2) the EC proposal for modalities in the WTO agriculture negotiations; and
(3) the EC submission on labelling fo r environmental purposes to the CTE6.
VI. OTHER MEASURES TO FACILITATE TRADE
18. Different measures are available in the TBT field to facilitate trade.  Such measures include
technical assistance; special and differential treatment; harmonization of technical regulations;
equivalency and mutual recognition agreements; and support for the development and use of
international standards.
                                                     
4 Documents G/TBT/W/183 and 184
5 Document G/TBT/W/175  /  WT/CTE/W/212
6 Document WT/CTE/W/225G/TBT/W/197
Page 4
19. The Committee could exchange experiences on these measures with a view to helping
Members achieve an appropriate mix among them while ensuring the fulfilment of the legitimate
objectives pursued.  The choice of measure may depend on issues such as the characteristics of the
markets, the regulatory and legal environment, the technical infrastructure in the countries or regions
concerned, the nature of the products, and the willingness on the part of interested parties andregulators to make use of different measures.  Discussions on this issue could draw on the
EC submission on "Implementing policy for external trade in the fields of standards and conformity
assessment: A tool box of instruments"
7.
20. The Committee has stated that good regulatory practice for the preparation, adoption and
application of technical regulations was a priority for Members to facilitate trade.  The EC would urge
Members to continue to submit descriptions of their approaches to technical regulations andregulatory practices.  Ideally, this would lead on to productive work being done by the Committee in
this field.
21. The EC believes that a discussion should be started on the linkage between measurement
requirements and technical barriers to trade.  In some cases, legislation or codes or practice of
regulatory bodies exist where the stipulated measurements are not clear, conflicting or unrealistic.  It
is in these circumstances that there is a relatively high risk of measurement requirements becoming
unnecessary barriers to trade.
VII. TERMS AND DEFINITIONS
22. The EC believes that Members should be informed of recent developments in the elaboration
of ISO/IEC standards relevant to the terms and definitions used in the TBT Agreement.  More
specifically, Annex 1 of the TBT Agreement makes reference to the sixth edition of the
ISO/IEC Guide 2: 1991, General Terms and Their Definitions Concerning Standardization and
Related Activities.  This Guide has been updated and the Committee has appraised itself of theseventh edition
8.  The EC notes that a new international standard on terms and definitions for
conformity assessment (future ISO 17000) is under preparation and planned to be completed in 2003.
The EC proposes that the Committee invites the ISO/IEC to explain whether and how far the new
standard departs from ISO/IEC Guide 2: 1991.
VIII.  STATUS OF TBT COMMITTEE RECOMMENDATIONS AND DECISIONS
23. The EC believes that the recommendations and decisions adopted by the Committee since
1 January 1995 provide useful guidance concerning its rules of procedure, the interpretation,
implementation and administration of the Agreement, and the settlement of disputes between
Members.  The EC notes that in a recent dispute settlement case a decision of the Committee on
principles for the development of international standards, guides and recommendations was largely
ignored by the panel.  The panel described the decision as a “policy statement of preference”9.  In the
light of this, the EC proposes that the TBT Committee examines the value and weight of its
recommendations and decisions.
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7 Document G/TBT/W/173/Add.1
8 Document G/TBT/5 para. 34
9 WT/DS231/R of 29 May 2002, para. 7.91.