00-0429WTO COMMITTEE ON TECHNICAL BARRIERS TO TRADE
At its informal meeting on 22 January 1999, the Committee requested the Secretariat to
prepare a stock-taking paper of the submissions by delegations (Annex 1) on elements related to the
Work Programme of the First Triennial Review of the Agreement (G/TBT/5) to facilitate discussionsin the Committee.  The present paper aims at highlighting the key points of those submissions without
any intention to summarize nor interpret Members positions on the issues.
This addendum includes submissions made since 23 March 1999.00-0429RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/SPEC/11/Add.1
4 February 2000
(00-0429)
Committee on Technical Barriers to Trade
SUBMISSIONS BY DELEGATIONS ON ELEMENTS RELATED TO THE WORK
PROGRAMME OF THE FIRST TRIENNIAL REVIEW OF THE AGREEMENT
Stock-taking paper by the Secretariat
A. IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT BY MEMBERS
UNDER ARTICLE 15.2
No submission has been made.
B. OPERATION AND IMPLEMENTATION OF NOTIFICATION PROCEDURES UNDER
ARTICLES 2, 3, 5 AND 7
No further submission has been made.
C. ACCEPTANCE, IMPLEMENTATION AND OPERATION OF THE CODE OF GOOD
PRACTICE FOR THE PREPARATION, ADOPTION AND APPLICATION OFSTANDARDS BY STANDARDIZING BODIES
I. CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND
APPLICATION OF STANDRDS BY STANDARDIZING BODES (G/TBT/W/110) –
Note from Thailand
1. This paper provide justification for the proposal made by Thailand regarding the change in
para. L of the Code of Good Practice, for the comment period of “at least 60 days” to read “at least
30 days”.
2. The provision of para. L applies for document circulation within the territory of a Member,
not among WTO Members.  Adding the term “at least” will allow Members the flexibility to chooseany comment period that is suitable to their need above the minimum specified.  Countries are,
therefore, free to select 30, 45, 60, 90 days or a longer period.
3. In todays world, standards preparation of each country must respond to the need of the market
and industry of that country…  In the standards preparation of an international organization like IEC,
means have been developed for the preparation of standards or technical specifications … respondingto the needs of the market.  Particularly, in the case of a new product or service in fast moving
technology … , a document called Industrial Technical Agreement is developed in order to enable
production and/or market launch to proceed.
4. In addition, consideration must be given in case of the adoption of international standards as
national standards.  Where a Member, being active in the preparation of international standards suchG/TBT/SPEC/11/Add.1
Page 2
as ISO/IEC/Codex, has followed all stages of dr afts circulating within its country through to
publication as international standards, and finally adopted them as national standards, the question
remains whether it is necessary to further subject these standards to another comment period of
60 days in that country.
5. Regulations have impact on trade, and therefore more time should be given for their
imposition.  The comment period of "60 days" was agreed by the Committee as appropriate …
II. EQUIVALENCY OF TECHNICAL REGULATIONS AND STANDARDS
(G/TBT/W/112/Rev.1) – Note from Thailand
1. Standards implementation is the charge of the business sector.  If adoption of international
standards is in use, problems will lessen.  In cases where international standards do not exist, it iscommon practice that foreign standards would be used as references.  The change from “list of
references”  to  “list of equivalent standards” should deserve the support.
2. According to New Zealand's proposal (G/TBT /W/88) for addition to the Code of Good
Practice on equivalency of standards, there is some merit that Members may wish to discuss back intheir country and draw conclusions.
D. INTERNATIONAL STANDARDS, GUIDES AND RECOMMENDATIONS
I. TRANSPARENCY IN INTERNATIONAL STANDARDS (G/TBT/W/75/REV.1) - Draft
US proposal for a  decision (Revision)
Background and purpose
1. In the first Triennial Review of the Operation and Implementation of the Agreement
(G/TBT/5), the Committee reiterated the important contribution that international standards can make
to improve efficiency of production, to facilitate the conduct of international trade, and to the transferof technology from developed to developing countries.  The Committee noted that in order for
international standards to make a maximum contribution to the achievement of the objectives of the
Agreement, it was important that the interested parties of all Members have adequate notice, time and
opportunity to participate in the discussions, elaboration and adoption of international standards.
With a view to ensuring a common approach to Members’ responsibilities with respect to the
development and use of international standards, the Committee agreed upon the following:
Decision
2. Members shall take such reasonable measures as may be available to them to ensure that
international bodies developing standards in which Members or relevant bodies within their territories
are members or participants have an established process that seeks to take into account the views ofall parties concerned and to reconcile any conflicting arguments.  It is the sense of the Committee that
when developing standards, the procedures of th e international body should, at a minimum, include:
(i) the publication of a notice at an early appropriate stage, in such a manner as to enable
interested parties within the territory of a WTO Member to become acquainted withit, that the international body proposes to introduce a particular standard;
(ii) the notification or other communication through established mechanisms to its
members providing a brief description of the scope of the proposed standard,
including its objective and rationale.  Such communications shall take place at anG/TBT/SPEC/11/Add.1
Page 3
early appropriate stage, when amendments can still be introduced and comments
taken into account;
(iii) upon request, the prompt provision, through electronic means whenever possible, to
its members of copies of the proposed standard;
(iv) without discrimination, the provision of a reasonable period of time for interested
parties in the territory of its members to  make comments in writing and take these
written comments into account in the furt her consideration of the standard;  and,
(v) the prompt publication of a standard upon adoption.
3. The international body developing standards should publish periodically a work programme
containing information on the standards it is currently preparing and the standards which it has
adopted in a specified period.  Any fees charged shall, apart from the real cost of delivery, be the
same for foreign and domestic parties.
II. ON THE CONDITIONS FOR THE ACCEPTANCE AND USE OF INTERNATIONAL
STANDARDS IN THE CONTEXT OF THE WTO TECHNICAL BARRIERS TO
TRADE AGREEMENT - Note from the European Community (Revision)
(This paper presents the views of the European Community for discussion, and restates many
of the points made in document G/TBT/W/87.)
Introduction
1. In order to ensure an effective application of the TBT Agreement, it is necessary for
WTO Members to reach a consistent view of international standards.  It is also necessary to clarify the
principles that ought to apply to an internationa l standardization body.  The EU also believes that a
greater emphasis should be laid on the use of international standards.  However, in order to make
progress in this field it is first necessary to concentrate on the understanding of international standards
and to agree on the principles that should apply to international standardization bodies.
Principles for international standardization bodies
2. The TBT Agreement and the Code of Good Practice give a privilege to international
standards.  This means that the international sta ndardization bodies have a more important role than
they did before the existence of the TBT Agreement.  In turn this implies that these bodies should be
accountable to a broad range of interests.  The EC suggests that this could be demonstrated if the
bodies observed the following principles:
(i) Status :  A distinction must be made between an international body and other
standardization bodies (i.e., national or regional).  Objectivity requires that standardization
bodies cannot claim two different levels of status (national, regional or international) for their
core activities at the same time;
(ii) Impartiality:  All countries with an interest in standardization must have access to
participation in the work.  There should be in ternational control over the results, without
either discrimination or privilege as to the nationality of the participants.  In the context of
improving access to participation by developing countries, it may be appropriate to use
technical assistance, in line with Article 11 of the TBT Agreement;
(iii) Openness:  Participation in the work of an international standardization body should
be possible on equal terms, without discrimination as to nationality.  Generally, participationG/TBT/SPEC/11/Add.1
Page 4
should take place through one delegation representing all relevant standardization bodies in a
country;
(iv) Transparency:  In the establishment of work programmes, and in the ultimate results,
which should be made publicly available on fair, reasonable and non-discriminatory terms;
(v) Effectiveness:  The work undertaken by international standardization bodies should
respond to market and regulatory needs, and the standards produced should be delivered on
time.  Work programmes and standards should be coherent both internally and with other
international standardization bodies, i.e., conflicting standards should not be maintained, and
national and regional standardization bodies should act coherently in international
standardization activities.
3. In order to give concrete form to these principles of accountability, it might be useful to draw
up a voluntary code of good practice, or a set of guidelines for international bodies, which might then
privilege international standards prepared by these bodies.  The proliferation of competing
international bodies must be avoided.  In addition it should be clear how th e existing Code of Good
Practice in Annex 3 of the TBT Agreement should apply.  For example, what organizations have
accepted it in each country, and if more than one, how the commitment operates.
Principles for international standards
4. The TBT Agreement obliges WTO Member govern ments to use international standards as a
basis for their legislation where appropriate.  Because of the privilege that the Agreement gives to
international standards, it is essential to identi fy what they are.  The EU suggests the following
properties that characterise an international standard:
THE ELABORATION OF INTERNATIONAL STANDARDS
(i) Drawn up by a recognized international standardization body  in accordance with
published rules that follow the principles for such bodies;  (See Section on Principles for
international standardizing bodies, for example);
(ii) Established in full transparency  and openness to participation  at world level,
including open announcement of the project, announcement of public availability of a draft,
and active seeking of consensus at global level;
(iii) Prepared by global consensus - taking due account of all relevant interests, and
characterized by the absence of sustained opposition to substantial issues from any country;
THE NATURE OF INTERNATIONAL STANDARDS(i) Clearly drafted, with a clear scope, giving requirements appropriate to the stated
scope.  Performance based, where possible, and with objective means of determiningcompliance;
(ii) Coherent with other international standards, that is, not giving requirements that vary
or contradict those of another international standard with a coincident or overlapping scope;
(iii) Non discriminatory, i.e. not intentionally favouring a particular supplier;
(iv) Based on scientific or technical principles and objective reasoning; regularly
reviewed to reflect the state of the art;G/TBT/SPEC/11/Add.1
Page 5
(v) Publicly available at the world level, on fair, reasonable and non-discriminatory
terms, including the right to transpose the inte rnational standard as a regional or national
standard.
International Standards and Trade
5. This section examines some issues related to the use of standards in legislation and the impact
on international trade.  The EC would like to sugge st the following approach to promoting the use of
international standards:
(i) There are limits to the need for regulation. Standards should be used voluntarily
wherever possible;
(ii) Should legislation be needed, it should refer to international standards for technical
content wherever possible, while the standards themselves remain voluntary;
(iii) More transparency on regulations is necessary and more information should be
provided on the regulations that make use of international standards;
(iv) As stated earlier, the set of international standards should be coherent, and standards
should not conflict.  If there were to be more than one international standard for particular
products or goods, and if two or more standards from different bodies were privileged under
the Code of Practice, then barriers to trade would be reinforced;
(v) Arrangements are needed for the co-operation between national, regional and
international standardization.  This includes transposition of international standards into
regional or national standards.
International Standards and Development
6. Constraints on developing countries should be taken into consideration in the standards
development process.  The impartiality and openness of any international standardization process
requires that developing countries are not excluded de facto  from the process.  … Provisions for
capacity building and/or technical assistance are important in this context.
III. ISSUES CONCERNING INTERNATIONAL STANDARDS AND INTERNATIONAL
STANDARDIZATION BODIES  (G/TBT/W/113) – Submission from Japan
1. International standards are one of the most important elements of the TBT Agreement and
they play a significant role in the implementation of the Agreement.  However, there is no cleardefinition of what an "International Standard" is …  Japan therefore proposes that a "guideline for
international standards and their development process" should be drafted and the necessary
requirements for international standards should be clarified.  The establishment of such a "guideline"
will encourage international bodies to clarify and strengthen their own rules and procedures on
standards development to meet this "guideline" and hence develop international standards that will berecognized and utilized within the context of the TBT Agreement.
2. International standards should fulfil the following requirements:
(i) The process for international standards development should be transparent, open and
impartial.
- Transparency:  Information regarding current work programmes and proposals under
consideration should be made easily accessible and comprehensible to all interested and
related parties.G/TBT/SPEC/11/Add.1
Page 6
- Openness:  Membership should be open to the relevant bodies of all countries, and
any interested member who so desires should be offered the chance to participate in the
various stages of the standards development procedure, including such stages as proposal ofnew work items, technical discussion on the contents of proposals, comments on the drafts,
voting, dissemination and usage of the results.  Openness of participation is particularly
indispensable at the key technical discussion and examination stages where contributions
from as many sources around the world as possible are necessary to ensure the development
of a standard that is truly 'international'.
- Impartiality:  Equal consideration should be given to the views and opinion of all
interested parties concerning international standards development.
(ii) International standards should meet the needs of the global market … attention is
drawn to the fact that forcing Members to adopt  standards that do not meet the needs of the
international market would have an adverse effect on world trade and goes against thefundamental principle of the WTO.
3. Whilst standards development processes may vary among the different international
standardization bodies, the key point to consider is  to what extent these processes take the comments
and opinions of different countries into consideration.  There are, for example, organizations thatwork in close cooperation with regional standards bodies and allow the delegation of significant
stages in standards development to such bodies, which makes it very difficult for members outside of
the regional bodies to take part in these processes.  Such a system is counteractive towards the basic
concept of transparency, openness and impartiality in the process of international standards
development, and may distort the content of the standa rds in such a way that they will only reflect the
needs of the limited region.
4. There are also international standards that cannot be used due to their obsolescence, …  These
international standards should be promptly amended or abolished ...  In addition, it should be made
clear in the context of the Agreement that Members need not refer to obsolete international standards
as a base for national standards and regulations.
5. Given the above, individual standard organizations that intend to develop standards qualified
as an "International Standard" in the context of the Agreement should review and, where necessary,
redesign their standard development procedures to ensure transparency, openness and impartiality
throughout the whole process and should conduct prompt and periodical reviews of their standards.
Moreover, in order to make sure that these activities are implemented, it is recommended that theTBT Committee should examine the possibility of establishing a fundamental rule relating to
international standards and international standards bodies.  The rule should contain such requirements
as assurance of transparency, openness and impartiality in all stages of international standard
development procedures, and implementation of appropriate reviews of these standards.  In doing so,
the requirements listed above could be applied to international organizations together with suchprocedural contents similar to that shown in th e "Code of Good Practice", or such appropriate
procedures mentioned above could be examined as a requirement for being considered as an
"International Standard".
II. AMENDMENT OF THE TBT AGREEMENT (G/TBT/W/121) – Proposal by Japan
BackgroundG/TBT/SPEC/11/Add.1
Page 7
1. In order to make the Agreement more effective, predictable and operational, it is necessary to
clarify its provisions taking into account the following factors:  (i) Existence of standards that cannot
be regarded as the “international standards” within  the meaning of the TBT Agreement;  (ii) Lack of
market/technology relevancy in certain internationa l standards;  and (iii) Lack of transparency,
openness and impartiality in the development of international standards/guides or recommendations.
It was with this understanding that the Government of Japan tabled a proposal (G/TBT/W/113) to theCommittee … This paper supplement and clarify the previous proposal.
Explanation
2. As the following matrix shows, the defini tions of “international standards,” “guides or
recommendations issued by international standardizing bodies” are not sufficient or clear enough.  For
instance, even among the ISO standards, there exist inappropriate standards that only reflect limitedregional needs or technically outdated specifications.  Existence of such inappropriate standards could
lead to a situation where other WTO Members could challenge a Member for violation of the TBT
Agreement, if it does not use those standards as the basis of its technical regulations, even though the
Member has a just cause for not adopting such standards.  In order to eliminate such a possibility, it is
indispensable to define what kinds of standards should be treated as “international standards” underthe TBT Agreement.  … To ensure this condition, certain disciplines to secure transparency, openness
and impartiality for the development of internatio nal standards, which are not currently provided in
the Agreement, should be adopted as express provisions in the Agreement.
3. Since the WTO cannot impose obligations on other international bodies directly, these
provisions should take the form of binding obligations on WTO Members to take reasonable and
available measures to ensure compliance by the international standardizing bodies with the
disciplines.  In addition, certain standards do not appropriately reflect market realities or the status of
existing technologies, we believe it is not appropriate for such a standard to be regarded as the
controlling “international standard” within the meaning of (Article 2.4) of the Agreement.
4. Regarding conformity assessment, …it is not clear what are “guides or recommendations
issued by international standardizing bodies”, and if international systems for conformity assessment
can develop documents with binding nature in the Agreement.  Japan believes that “guides or
recommendations” referred to in Paragraph 5.4 should exclusively be developed by internationalstandardizing bodies in a process similar to the process through which international standardizing
bodies develop “international standards.”  … An international body that limits its membership to
developed countries or bodies willing to conclude MRAs, etc. should not be regarded as an
international standardizing body in the Agreemen t.  Documents from international systems for
conformity assessment should not have a binding nature in the Agreement although such documents
might be useful as references for implementation of conformity assessment … They should also be
developed in a transparent, open and impartial process.
Proposals for amendment
(Amendments are underlined)
5. A new Article 4 bis should be added after Article 4.  The new Article 4 bis is to read:
Article 4 bis International Standards
1. Members shall take such reasonable measur es as may be available to them to ensure
that international standards developed by international standardizing bodies of which Members
or relevant bodies within their territories are members or participants comply with the
provisions of Article 2 and the following conditions:G/TBT/SPEC/11/Add.1
Page 8
(a) A notice should be published at a suff iciently early stage, in such a manner as to
enable interested parties wi thin the territory of a Member to become acquainted with
it, that an international standardizing body  (hereinafter referred to as an “ISB”) is
proposing to introduce a particular standard.  For purposes of this Article, when
preceding procedures have been conducted by relevant bodies under a contract or an
agreement with the ISB, such a sufficient ly early stage shall mean an appropriate
stage in the preceding procedures;
(b) Notification should be made through established mechanisms to the members of the ISB
providing a brief description of the scope of the proposed standard, including its
objective and rationale.  Such notification sh all take place at an early appropriate stage,
when  amendments can still be introd uced and comments taken into account;
(c) Upon request, at any stage, copies of the proposed standard should be promptly
provided to the members of the ISB;
(d) A reasonable period of time should be  provided, without discrimination, for the
members of the ISB to make comments in writing at a sufficiently early stage so that
such comments may be taken into account in the further consideration by the ISB;
(e) The members of the ISB should be given substantial opportunities reflecting market
realities and the status of technologies to  participate in stan dard-developing work,
including any preceding procedures conducted by relevant bodies under a contract or
an agreement with the ISB.  In decision-mak ing procedures all interested members shall
be treated in an equitable manner;  and
(f) The standard should be published promptly upon adoption.
2. Members recognize that “international standards” referred to in Article 2.4 shall
comply with the provisions of Article 2 and conditions of paragraph 1 of this Article.  In
addition, when certain standards do not appropriat ely reflect market realities (i.e. do not have a
substantial share (x %) in the global market of like products in terms of consumption) or the
status of existing technologies, such standa rds should not be regarded as “international
standards”  within the meaning of this Agreement.
6. The text of paragraph 2 and 3 of Article 9 should be modified as follows.
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 member s or participants comply with the provisions of Articles 5, 6
and the following conditions:
9.2.1 Documents developed by international systems for conformity assessment shall not have
a binding nature but shall be used as reference for implementation of conformity assessment in
the Agreement.  The “guides or recommendations”  referred to in Paragraph 4 of Article 5 shall
be developed only by ISBs and comply with the provisions of Article 2 and the conditions of
Paragraph 1 of Article 4 bis.
9.2.2 When international systems for conformity  assessment (hereinafter referred to as
“ISCAs”) develop reference documents for implementation of conformity assessment, their
development process shall be guided by the following:
(a) A notice should be published at an earl y appropriate stage, in such a manner as to
enable interested parties within the territory of a Member to become acquainted with it, thatG/TBT/SPEC/11/Add.1
Page 9
ISCA  is proposing to introduce a particular reference document for implementation of
conformity assessment;
(b) Notification should be made through established mechanisms to the members of the
ISCA providing a brief description of the scope of the proposed reference, including its
objective and rationale.  Such notification shal l take place at an early appropriate stage, when
amendments can still be introduced and comments taken into account;
(c) Upon request, copies of the proposed refe rence document should be promptly provided
to the members of the ISCA;  and
(d) A reasonable period of time should be  provided, without discrimination, for the
members of the ISCA to make comments in writing, which should be taken into account in the
further consideration by the ISCA.
(e) Interested parties within the territory of a Member should be given appropriate
opportunities, whenever possible, to participate in refe rence-developing work
(f) The references should be published promptly upon adoption.
9.2.3 In addition, Members shall not take any measures which have the effect of, directly or
indirectly, requiring or encouraging such system s to act in a manner inconsistent with any of
the provisions of Article 5 and 6.
9.3 Members shall ensure that their central gove rnment bodies rely on international or
regional conformity assessment systems only to the extent that these systems comply with the
provisions of Article 5, 6 and the conditions set out in paragraph 2 of this Article, as applicable.
Members recognize that “guides and recommendati ons” referred to in Article 5.4 comply with
the provisions of Article 2 and the conditions of Paragraph 1 of Article 4 bis.
A Matrix of Subjects to be Stipulated and Corresponding Provisions of the TBT Agreement
Bodies Systems
Technical Regulations Standards Conformity Assessment
International N.A. ----- Article 9
Regional ----- Article 4 &
Annex 3Article 9
Central government Article 2 Article 4 &
Annex 3Article 5
Local government Article 3 Article 4 &
Annex 3Article 7
Non-government Article 3 Article 4 &
Annex 3Article 8
- A horizontal bar ----- means that there is no provision.
- A high-lighted block means that it should be strengthened, in our view, because of the absence or
insufficiency of the provisions.G/TBT/SPEC/11/Add.1
Page 10
E. PREPARATION, ADOPTION AND APPLICATION OF TECHNICAL REGULATIONS
I. EQUIVALENCY OF TECHNICAL REGULATIONS AND STANDARDS
(G/TBT/W/112/Rev.1) – Note from Thailand
1. Article 2.7 states that Members give positive consideration to accepting as equivalent
technical regulations of other Members, even if these regulations differ from their own, provided they
are satisfied that these regulations adequately fulfil the objectives of their own regulations …  It
remains uncertain whether the implementation is extensive and meets the objectives of the
Agreement.  Those likely to be experienced and impacted by the acceptance and non-acceptance ofthe equivalency of technical regulations are the business sector.  The Committee may consider that
information be compiled for laying out the actions to be taken to fulfil the obligation under the
Agreement.
2. Adoption of international standards has an important part in the establishment of equivalency,
but it should also be noted that Article 2.4 allows for deviations according to needs.
F. CONFORMITY ASSESSMENT PROCEDURES
I. CONFORMITY ASSESSMENT PROCEDURES (G/TBT/W/111) – Note from Thailand
1. Thailand believes that the development of conformity assessment procedures in both the
regulatory and voluntary sectors will lead towards supplier’s declaration.  This path would help cut
down the expenses and burden of the business sector, and improve its competitively.
2. To attain the goal of supplier’s declaration, it is necessary that relevant international guides be
put to use.  The benefits obtained consist of the upgrading of the entire system, and maintenance of
the quality of the system and personnel, which would accelerate the entry into mutual recognition,
adding to trade facilitation.
3. It should not be forgotten, however, that successful implementation of supplier’s declaration
must be backed up by a good consumer protection law and must involve the business sector’s
obligation, such as the product liability law.  Developing countries may not yet have a liability law in
force, and to pass a new law or revise an existing law can be time consuming for some countries.
Thailand is encouraging the development to enable supplier’s declaration, which has met with
positive feedback from the industry and is supported by the government.  However, the law is still atan early stage and the process will take considerable time before such law can be passed.
4. For full adoption of the supplier’s declaration approach in international trading, both the
importing and the exporting countries should have the same or close level of preparedness.  The
Committee may wish to consider ways to assist de veloping countries in their proceeding towards
supplier’s declaration and acquiring the supportive law.
II. CODE OF GOOD PRACTICE FOR THE ACCREDITATION OF CONFORMITY
ASSESSMENT BODIES (G/TBT/W/118) – Contribution from Australia
BackgroundG/TBT/SPEC/11/Add.1
Page 11
1. One problem still faced by international traders has been the lack of acceptance by importing
authorities of tests undertaken by foreign conformity assessment bodies…  Article 6  of the Agreement
requires that:  “Members shall ensure, whenever possible, that results of conformity assessment
procedures in other Members are accepted, even when those procedures differ from their own,
provided they are satisfied those procedures offer an assurance of conformity with applicable
technical regulations or standards equivalent to their own procedures”.
2. Conformity assessment procedures have historically been undertaken by testing and
certification agencies linked to governments.  As budgetary pressures have forced governments to
redefine their role, the private sector is increasingly undertaking a number of these services on a user
pays basis.  This is particularly so in the case of laboratory testing and certification of products and
quality management systems, where a global accreditation network is evolving that will enable the
results of these services to be recognized around the world…
3. The accreditation of conformity assessment bodies to internationally recognized standards
provides the necessary confidence to the authorities of importing countries, that foreign conformity
assessment bodies have the necessary technical competence to undertake tests for which they are
accredited.  Equity and transparency of procedures are other areas that importing authorities needhave confidence in when accepting test reports and certificates from foreign conformity assessment
bodies.  Adopting a system based on an agreed code of good practice for accrediting conformity
assessment bodies is one approach to underpinning these principles.  … Internationally recognized
standards and guides form the basis on which accreditation bodies operate, … participating in peer
assessment programmes ensure a high degree of uniformity functioning around the world.
4. The adoption of a code of good practice for accreditation of conformity assessment bodies
enables the establishment of mutual recognit ion agreements (MRA) …  Mutual recognition
arrangements are intended to reduce the level of duplicative testing and certification that currently
occurs for exports going to multiple economies...  In addition to reducing the cost burden on industryand consumers, mutual recognition arrangements can reduce the burden on regulatory agencies as the
need for re-testing or re-certification of imported products is reduced…
DRAFT CODE OF GOOD PRACTICE FOR THE ACCREDITATION
OF CONFORMITY ASSESSEMENT BODIES
GENERAL PROVISIONS
A. For the purposes of this Code, the definitions in Annex 1 of this Agreement shall apply.
B. This Code is a voluntary code applicable to those Members of the WTO who use accreditation
of conformity assessment bodies as part of their regulatory regime or as a voluntary process.
C. This Code is open to acceptance by any accreditation body within the territory of a Member of
the WTO, whether a central government body, a local government body, or a non-governmental
body; to any governmental regional accreditation body one or more members of which are
Members of the WTO, and to any non-governmental regional accreditation body one or more
members of which are situated within the territory of a Member of the WTO (referred to in thisCode collectively as ‘accreditation bodies’ and individually as ‘accreditation body’).
D. Accreditation bodies that have accepted or withdrawn from this Code shall notify this fact to
the [Committee on Technical Barriers to Trade] in Geneva.  The notification shall include the
name and address of the body concerned and its current and expected accreditation activities.
The notification may be sent either directly to the [Committee on Technical Barriers to Trade],or through the central government body of the WTO Member in whose territory the
accreditation body is situated.G/TBT/SPEC/11/Add.1
Page 12
SUBSTANTIVE PROVISIONS
E. Where accreditation bodies accept applications for accreditation from applicants situated or
registered in the territory of any other Member of the WTO, they shall accord treatment no less
favourable than that accorded to like applicatio ns from national applicants, and to applications
from applicants in any other country.
F. Accreditation bodies shall ensure that accreditation procedures are not prepared, adopted or
applied with the view to, or with the effect of, creating unnecessary obstacles to international
trade.
G. Accreditation of conformity assessment practices should be based on international standards
and guides including, but not limited to:
ISO/IEC Guide 61 or 58 or ISO/IEC TR 17010 for accreditation bodies;  and
ISO/IEC Guide 25, 62, 65, 66 or ISO/IEC 17025 for accredited bodies,
as amended from time to time.
H. With a view to harmonizing conformity assessment practices and criteria on as wide a basis as
possible, the accreditation body shall, in an appropriate way, play a full part, within the limitsof its resources, in the preparation by relevant international standardizing bodies of
international standards for accreditation procedures and criteria.  For accreditation bodies
within the territory of a Member of the WTO, participation in a particular international
standardization activity shall, whenever possible, take place through one delegation
representing all accreditation bodies in the territory that have adopted, or expect to adopt,standards for the subject matter to which the international standardization activity relates.
I. Accreditation bodies should take steps to ensure that all conformity assessment bodies
accredited by them:
(i) prepare, adopt and apply conformity assessment procedures which grant access for
suppliers of like products originating in the territories of other Members under conditionsno less favorable than those accorded to suppliers of like products of national origin or
originating in any other country, in a comparable situation;
(ii) do not prepare, adopt or apply conformity assessment procedures with a view to or with
the effect of creating unnecessary obstacles to international trade;
(iii) undertake and complete conformity assessment procedures as expeditiously as possible
and in a no less favorable order for products originating in the territories of other
Members than for like domestic products;
(iv) communicate the anticipated processing period to any applicants on request; when
receiving an application, the conformity assessment body promptly examines the
completeness of the documentation and informs the applicant in a precise and complete
manner of all deficiencies; the conformity assessment body transmits as soon as possible
the results of the assessment in a precise and complete manner to the applicant so thatcorrective action may be taken if necessary; even when the application has deficiencies,
the conformity assessment body proceeds as far as practicable with the conformity
assessment if the applicant so requests; and that, upon request, the applicant is informed
of the stage of the procedure, with any delay being explained;
(v) limit their information requirements to what is necessary to assess conformity or
competency and determine fees;
(vi) impose fees for assessing the conformity of products, processes or services originating in
the territories of other Members that are equitable in relation to any fees chargeable forG/TBT/SPEC/11/Add.1
Page 13
assessing the conformity of like products, processes or services of national origin or
originating in any other country, taking into account communication, transportation and
other costs arising from differences between location of facilities of the applicant and the
conformity assessment body;
(vii) have a procedure to review complaints concerning the operation of a conformity
assessment body and to take corrective action when a complaint is justified.
J. On the request of any interested party with in the territory of a Member of the WTO,
accreditation bodies shall publish, or make available, a list of the conformity assessment bodies
accredited by them.  The list should include the names of the accredited conformity assessment
bodies, their contact details and the scope of their accreditation. Any fees charged for this
service shall, apart from the real cost of delivery, be the same for foreign and domestic parties.
K. Accreditation bodies in the territory of a WTO Member are encouraged to enter into mutual
recognition arrangements with accreditation bodie s in the territory of any other Member of the
WTO for the results of conformity assessment activities undertaken by accredited conformity
assessment bodies in either territory.
It is recognized that prior consultations may be necessary to arrive at a satisfactory
understanding of:
(i) each other’s criteria and practices to ensure the technical competence and reliability of
accredited conformity assessment bodies; and
(ii) any limitations of the acceptance of accredited conformity assessment results within
either territory.
L. In regard to establishing the confidence in the technical competence of the conformity
assessment bodies accredited by them, accreditation bodies are encouraged to participate in
confidence building programmes organized or recognized by the relevant regional or international
body.
Explanatory Note
5. The general provisions (A, B, C, D)  states that this Code is open to all government and
non-governmental bodies of WTO Members on a voluntary basis.  It is important to include the
non-governmental bodies as many WTO Members utilize private sector bodies to underpin theirregulatory system.  This Code is only applicable to WTO Members who currently, or intend to in the
future, use accreditation of conformity assessment bodies as part of their regulatory regime.  As the
Code is voluntary in nature, WTO Members are able to adopt or withdraw from it at any time.  This
will enable WTO Members to sign on to the Code, if and when their own technical infrastructure is
ready.
6. Substantive Provisions: (E) Accreditation bodies from one WTO Member should apply the
WTO principle of national treatment to conformity assessment bodies of other WTO Members.
(F, G)  Accreditation bodies should be encouraged  to adopt uniform internationally recognized
procedures that will allow the timely acceptance of test reports and certification procedures to
facilitate trade across national borders.  (H) Accreditation bodies should be encouraged to participate
in the development of standards related to conformity assessment procedures.  This will enableWTO Members to have their views considered while standards are being formulated and have a
greater understanding of their application when published.  (I) For WTO Members to have confidence
in the operation of  conformity assessment bodies, there must be relative uniformity, equity and
transparency in the process for determining their technical competence.  This section aims to set
uniform parameters and guidelines for the accreditation of conformity assessment bodies in keepingwith Article 5  of the TBT Agreement.  (J) To ensure equity and transparency, WTO Members shouldG/TBT/SPEC/11/Add.1
Page 14
have access to the list of conformity assessment bodies which have been accredited by an accrediting
body.  Unnecessary costs or lengthy time delays in providing relevant information undermines the
confidence in the accreditation process.  This section facilitates equal access to information for
foreign and domestic parties alike.  (K) A key objective for the new Code is to establish a uniform set
of procedures that encourages the formation of  bilateral and multilateral mutual recognition
agreements.  This will enable test results and/or certification marks supplied by accredited conformityassessment bodies to be accepted across national borders, thereby facilitating freer and fairer trade.
(L) In order to build confidence amongst accreditation bodies it is essential for them to participate in
peer review activities.  Peer review establishes the benchmark through which accreditation bodies are
able to acknowledge each others credentials.
G. TECHNICAL ASSISTANCE UNDER ARTICLE 11
No further submission has been made.
H. SPECIAL AND DIFFERENTIAL TREATMENT UNDER ARTICLE 12
No submission has been made.
I. OTHER ELEMENTS
No further submission has been madeG/TBT/SPEC/11/Add.1
Page 15
ANNEX 1
Document symbol Date issued Document Title
G/TBT/W/75/Rev.1 17 June 1999 Transparency in International Standards -
Draft US Proposal for a Decision
G/TBT/W/87/Rev.1 30 September
1999On the Conditions for the Acceptance and Use
of International Standards in the context of the
WTO TBT Agreement – Note form the EC
G/TBT/W/110 8 June 1999 Code of Good Practice for the Preparation,
Adoption and Application of Standards by
Standardizing Bodies – Note from Thailand
G/TBT/W/111 8 June 1999 Conform ity Assessment Procedures –
Note from Thailand
G/TBT/W/112/Rev.1 11 June 1999 Equivale ncy of Technical Regulations and
Standards – Note from Thailand
G/TBT/W/113 15 June 1999 Issues concerning International Standards and
International Standardizing Bodies –
Submission from Japan
G/TBT/W/118 14 Sept. 1999 Code of Good Practice for the Accreditation of
Conformity Assessment Bodies –Contribution from Australia
G/TBT/W/121 7 October 1999 Amendment of the TBT Agreement –
Proposal by Japan
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