restricted general agreement on f^/^e

RESTRICTED

GENERAL AGREEMENT ON f^/^e TARIFFS A N D T R A D E Special Distribution

Multilateral Trade Negotiations

Group "Troeical Products"

DRAFT CODE OF CONDUCT FOR PREVENTING TECHNICAL BARRIERS TO TRADE

Note by the.Secretariat

Introduction

1. The Sub-Group "Technical Barriers to Trade" established by the Group "Non-Tariff Measures" in March 1975, has been carrying forward its work on the basis of a draft Code of Conduct for Preventing Technical Barriers to Trade that may arise in the field of standards. At its last meeting in May 1976, the Sub-Group suggested that the time had cone for the review of the applicability of the draft Standards Code to agricultural and tropical products referred to in paragraph 2 of MTN/NTK/I 1 to be initiated (MTN/NTM/17, paragraph 9).

2. Paragraph l(VIl) of the Guidelines for Organization of Negotiations on Tropical Products, adopted by the Group "Tropical Products" at its initial meeting states that "The Group would, as appropriate, review and examine questions relating, inter alia, to non-tariff measures which are found net to lend themselves to negotiations on a product-by-product basis ..." Paragraph l(VIIl) of the Guidelines refers to the need to co-ordinate activities on tropical products with points of common interest being taken up in other Groups keeping always in view the need for giving special and priority treatment to tropical products.

3. It nay also be noted that certain aspects relating to the application of standards in the field of agriculture have been subject to preliminary discussion in the Group "Agriculture". It is to be expected that at a future meeting of that Group the matter will be pursued further now that the draft Code has also been referred to it for examination.

1+. The text of the draft Code, which forms the basis of the work, is contained in MTN/NTM/WA9. Detailed proposals for amendments or alternative femulations in respect of this text which delegations nay wish tc take into account are set out in

This states that the applicability cf the general rules to be drawn up in the area of standards to health and sanitary regulations concerning agriculture and tropical products should be examined by Groups "Agriculture" and "Tropical Products".

:.T.:/TP/T.J/I6

ÏITÎï/Nïiî/w/50. While there are many proposals on the table, the nain principles in the text are clear enough. In the following paragraphs an atter.pt has been made to provide in summary form a brief description of seme of the nain points of the Code as presently drafted. No attempt has been made to interpret any of the .Articles of the draft ihich is understandably a natter for delegations themselves. To assist delegations wishing to pursue this matter further c. check-list of certain documents relèvent to this area of the negotiations is attached as Annex I.

Provisions of the Code

5. The Sub-Group has been working on rules of general application. While the exact wording remains to be agreed, one of the main objectives of the draft Code is to ensure: (a) that technical regulations are not prepared, adopted or applied with a view to creating obstacles to international trade and (b) that neither technical regulations themselves nor their application have the effect of creating an obstacle to international trade which is disproportionate to the legitimate objectives of the regulations concerned. This objective applies to all categories of technical regulations which, as defined for the purposes of the draft Code includes any regulation laying down the characteristics cf a product and packaging, marking and labelling requirements.

6. It recognizes that the achievement of positive results in minimizing adverse trade effects in the field of standards would be facilitated through the greater use of internationally accepted standards and related practices. For this purpose, the proposed Code requires adherents to use, where they exist, appropriate international standards as a basis for their national technical regulations and/or standards; it also requires adherents to participate in the work of international standards bodies, with a view to harmonizing their standards and related measures on as wide a basis as possible. The proposed Code further establishes a number of procedural requirements which Governments would be obliged to follow if they plan to adopt technical regulations which are not substantially the same technically as international standards. Thus, the Code states that in such cases the adherents should take into account any reasonable comments that may be made by other adherents on the draft technical regulations and standards. To ensure that all interested adherents have an opportunity to offer comments in such cases, it lays down an obligation on adherents to publish a notice indicating that they are working on a technical regulation or standard, to make copies cf the drafts available to interested countries and to allo-.j them reasonable time for comment. Where there are urgent problems of public health, etc., governments would not have to follow the procedure for prior notification and consultation.

http://atter.pt

MTN/T?/rf/l6

7. Other provisions of the draft Code relate to the treatnent to be accorded to imported products and arrangements for establishing their conformity with standards requirements. In cases where adherents require positive assurances that imported products conform to the prescribed technical regulation or standard, the Code lays down that they should, wherever possible, accept an assurance of conformity provided by regulatory bodies constituted in the territories of ether adherents, or agree to tests being carried cut in the territories of other adherents. In cases where the tests are to be carried cut in the importing country, the importing adherent should ensure that the imported products are not accepted for testing under conditions which are less favourable than those accorded to domestic products. The provisions in the draft Cede relating tc the formulation of and participation in international or regional certification systems are intended to ensure that all interested countries are able to participate and benefit from such schemes.

8. The draft Code provides for the establishment of a "Committee for Preventing Technical Barriers to Trade" composed of adherents to the Code; it would meet to give effect to the provisions of the Code. In the case of nullification or impairment cr any other matter affecting the implementation of the Code, a procedure has been provided for consultations between interested parties. Failing the attainment of a mutually satisfactory solution within a reasonable period of time, the matter would be dealt with by dispute settlement procedures which are still under discussion.

Points of interest to developing countries

9. The Code contains a number of general provisions of particular importance to developing countries e.g. establishment of enquiry points and notification to GATT. The draft Code also contains provisions for differentiated measures in favour of developing countries, e.g. section 2(h) and technical assistance to developing countries.

10. In addition several delegations from developing countries have made a number of specific suggestions for amendments and modifications to the provisions in the draft Code. These have been listed in document liTN/NTÎi/w/50.

(a) Establishment of enquiry points

11. The draft Code provides that to help interested parties in obtaining all relevant information in regard to technical regulations, each adherent should establish an enquiry point or points which are able to answer all reasonable enquiries relating to technical regulations, standards and certification systems operated within its territory.

(b) Notification to GATT

12. The draft Code contains provisions for publication of draft technical regulations and standards in order to give an opportunity to all interested adherents to offer comments. Developing countries have pointed out that, as they

;.-::/TP/W/I6 Page A

do net have well-developed connercial intelligence services, they nay not, in nest cases, cone to know of such notices and thus not benefit fron the right to offer comments. To assist these countries, therefore, the draft Code lays down an obligation to notify to the GATT secretariat the products to be covered whenever the central governmental bodies are (i) working on a technical regulation which is not based on an international standard; (ii) femulating certification systens or arrangeaients. The secretariat is then expected to circulate the list cf such products to all adherents and draw the attention of developing adherents to products of particular interest to then.

(c) Technical assistance to developing countries

13. With regard to technical assistance, the draft Code recognizes that to over-cone sor.ie cf the problens which would arise in the application of the Code, developing countries would require technical assistance. It provides that adherents should, when requested, advise and consider requests for technical assistance fron other adherents, especially developing countries, and defines situations in which such assistance should be provided. Briefly, the purposes for which an adherent is required to advise and to consider requests for technical assistance fron other adherents are:

(i) for the establishment of national standardizing bodies;

(ii) for the establishment of regulatory bodies for providing certificates of conformity with technical regulations; and for the establishment of certification bodies or other arrangenents for providing certificates cf confornity with standards;

(iii) to enable producers fron the requesting adherent to participate in certification systens of the inporting adherent; and

(iv) to enable the requesting adherent to establish such institutions and a legal francwerk as would enable it to participate in regional or international certification systems or arrangements.

It is also provided that adherents should, if a specific request is made, advise other adherents as to the methods by which their technicoJ. regulations could be net.

14.. A list of requests for concessions submitted with respect to standards, including health and sanitary regulations and packaging and labelling regulations, in the context of the negotiations talcing place in the Croup "Tropical Products" is attached in Annex II.

MTN/T?AT/l6

J f f i l

CHECKLIST OFEOCUÎ-ONTS

1. COii.TD/W/190 - Non-Tariff Barr iers a r i s ing in the Field of Health

and Sanitary Regulations

2. COM.TD/W/191 - Non-Tariff Barr iers a r i s ing in the Field of Standards

3. MEN/3B/W/H - Draft Code on Standards - (Srplanatory Note with special reference to agr icu l tura l products)

U. MTN/3E/W/26 - Some aspects of the Applicabil i ty of the Draft Code on Standards to Agriculture

5. MTN/3B/23 - Non-Tariff Measures Affecting Trade of Developing Countries

6. MTN/NTM/W/5 - Standards; Packaging and Labelling; Marks of Origin

7. MTN/NTM/W/4.9 - Draft Code of Conduct for Preventing Technical Barriers to Trade - (Text of the Code incorporating the proposals agreed to during the discussions in the Sub-Group "Technical Barriers to Trade")

8. MTH/NTM/l'l/50 - Points Before the Sub-Group "Technical Barriers to Trade" - (Contains proposals for modifications and amendments that are under consideration in the Sub-Group "Technical Barriers to Trade")

KTN/TP/W/16

ANNEX ii

Hg^uests by Developing Countries for Concessions on^Standards, Packaging and Labelling..and Health and Sanitary Regulations in

the Context of the Negotiations in tha -Qffcrig "Tragical Products"

CCCN :

02.011

02.04,

02.06

Description of product

Meat and edible offals

Other meat and meat offals

Meat and offals, salted, dried, etc.

Non-tariff concessions

T requested

H3

HS

HS

Count

BGH

IN BGH

CACM

ries request concessions

ing

• Countries . to which ' requests

were addressed

EEC, JPN

• US EEC

EEC

03.01 Fish, fresh, chilled or frozen

03.02 Fish, dried, salted, etc. HS

; Inport i quarantine ; PLR

HS

SD

HS

EGH

BGH

IN SGP,

MLY

' SGP, IN

- MLY

- MLY

THA

THA

03.03'; Crustaceans and molluscs HS

05.09 ! Herns, antlers, hooves, etc.

3D

Hi

tXS = Health and sanitary regulations. SD = Standard. PLR = Packaging and labelling requirements,

ALA

ALA

EEC - US JPN

US

JPN EEC

BGH, PHL ALA

IN, CACM, PAK, SLK, SGP, THA EEC

IN, CACM, THA, SGP, BGH, DR, IRN, NGA, PAK, PRU, SEN, TRT, TUR US

MLY (Codex NZ

alinentarius)

IRN, PHL, SGP, THA

MLY, TUR , US

IN, NGA US

MTN/TP/W/16

CCCN Description of product

- i

I

I Non-tariff concessions requested

Countries requesting concessions

Countries to which requests were

addressed

05.15 Animal products, n.e.s.

06.01 I Bulbs, tubers, etc,

06.02 J Other live plants

06.03

07.01

07.04.

07.05

07.06

08.01

Cut flowers

Vegetables, fresh or chilled

Dried vegetables

Dried leguminous vegetables

Manioc, sago, etc.

Dates, bananas, coconuts, pineapples, avocados, etc,

H5

HS

H3

Ho

HS

HS

HS

H3

H3

II;

BGH, CACM, IN

CAGM, DR

COL, THA SLX, co: !L, SGP

CACM SEN SGP

BGH, KEN, THA IN, BOL

BUR, THA BOL, IN, PRU, THA

THA, ZAI

ECU, PHL, THA, SGP, IRN

SLK, PHL, SEN, BOL, PRU, IN, KEN, DR, BGH, CACM, SGP

CACM, COL, ECU, DR, PAK, EGÏ EGY

BGH, NGA, PHL

PHL BOL BGH

EEC

US

: US - EEC

.• JPN ATA'

JPN US ALA

JPN-US

. JPN : US

JPN

i JPN'

US

EEC SWD

ALA

CND NOR FIN

MTN/TF/W/16

CCCN

08.02

08.03

08. OU

08.05

08.07

08.08

08.09

08.10

08.12


Citrus fruit

Figs, fresh or dried

Grapes, fresh or dried

Nuts

Stone fruits

Berries

Other fresh fruits

Frozen fruit

Dried fruits

09.01 Coffee, roasted or not

09.02 ! Tea

!

Non-tariff concessions requested

HS

HS

SD

HS

HS

SD

HS

HS

HS

SD

HS

HS

HS

HS

SD


ARG, ECU EGY

TUR

TUR

IRN, ZAI

PAK

TUR

TUR

PAK

IN

BOL, GHA, BOL, IRN

TUR

DR

SEN

CACM, DR CACM, EGY ECU EGY

DR

THA

PAK ZAI

SGP, ZAI

SGP

TUR


addressed

! JPN NOR

US

us

JPN

EEC

CND

CND, US

EEC, US, JPN

US

ALA NOR

US

EEC

US

US EEC JPN NOR

US

JPN

US,EEC JPN

JPN

JPN

US

MTN/TP/W/16

'

CCCIT

09. OU

09.09

09.10

10.06

11.04.

11.06

11.08

12.01

12.02

12.07 1

!

13.02

j


Pepper, pimento, etc.

Anise, badian, coriander

Thyme, saffron, ether spices

Pace

Flours cf fruits of Ch. 08

Flour, meal of sago and manioc

Starches, inulin

Oilseeds and oleaginous fruits

Flours and meals of oilseeds

Plants for perfumery, pharmacy

Shellacs,lacs, natural gums


HS

PLR SB

HS

HS

HS

HS

HS

HS

HS

HS

HS

HS HS


SGP F M TUR, IDN, IN, SLK, SGP, UGA

MLY MLY (ASTA should accept certificate from recog- 1 nized foreign organisations)

BGH

SGP IN, TUR

B0L, PM, ZAI

ECU, THA NGA ECU

THA, ZAI

THA

SGP, THA, ZAI, IRN

SGP : 1

IRN, SGP PRU

THA, SGP NGA


addressed

JPN EEC

US

EEC

US.

JPN

JPN US

JPN

JPN A U EEC

JPN

JPN

JPN,NZ

JPN

JPN US

JPN US

MTN/TP/W/16

Description of product Non-tariff concessions requested



addressee

13.03

16.05

17.01

17.03

17.04

IS. 01

Vegetable saps, extracts, etc.

14.01 j Vegetable materials for planting

15.07 Fixed vegetable oils

15.13 Margarine

16.01 I Sausages and the like

16.02 Other preserved meat

16.04 Prepared and preserved fish

Prepared or preserved crustaceans

Beet and cane sugar, solid

Molasses

Sugar confectionery

Cocoa beans

HS

HS

HS

HS

HS

HS

HS

HS

HS

ZAI, IDN, SGP

SGP

SGP SLK

SGP

SEN

SEN, IDN, THA KEN

ECU

THA

SGP

ECU

JPN

JPN

JPN US

JPN

US

US JPN SWZ

HS

PLR

HS

PLR

• ECU BGH,

IN BGH, PRU,

THA SEN,

SGP, SGP

SGP,

SGP, SGP,

SGP,

SEN,

PRU

PRU SEN, IRN

IN, IDN, NGA

US JPN

US AU CND

JPN US

CND EEC

JPN

JPN

JPN

EEC

hTN/ï?/u/l6 Pa^e 11

CCCN

18.05

18.06

20.01

20.02

Description of product I Non-tariff j concessions

requested


Cocoa powder unsweetened HS

i FLR

Chocolate and food preparations

Vegetable and fruits in vinegar

Vegetables oth.erTd.so

j PLR

! HS

i 1

HS

I PLR

! HS

i I PLR i

20.04. j Fruits, preserved by ', HS ! sugar

! I FLR

\ \ 20.05 ! Jans, marmalades, etc. I KS

i PLR ! i ! j

20.06 j Fruits otherwise prepared I HS

PLR

SGP,SCU

BOL

BOL

ECU,SGP BOL,ECU

PAK IN SEN

SEN,

TUR, SGP, BGH5

SEN,

ECU,

SGP

SGP

PRU ÎHA PRU,

SGP

SGP

CACM,IN

EGY

BOL, IN,T

IN

HA CACM, SGP,MLY, TUR, IN THA, ZAI

PHL,BOL,KEN,MLY,SGP BOL,SGP BOL EGY, IN,SEN,BOL

! Countries 1 to which ! requests

were ' addressed

JPN

Ci-ID

JPN EEC

EEC JiLii

US

CND

! US JPN EEC

CND

JPN

CND

EEC,US

CND

EEC US JPN

! O WD i NOR I EEC

CI©

http://oth.erTd.so

MTN/TP/W/l6

CCCIT

20.07

21.04

21.07

23*04

24.01

39.05

40.05

41.01

a.02

41.03

41.04

a.05

42.03

44-03


Fruit juices

Sauces, mixed condiments

Food preparations, n.e.s.

Oil-cakes

Unmanufactured tobacco

Run gums and ester gums

Plates, sheets of rubber

Raw hides and skins

Bovine and equine leather

Sheep and lamb skin leathei

Goat and kid skin leather

Other kinds of leather

Articles of apparel

Wood in the rough i

:


HS

PLR

HS

HS

HS

HS Quarantine

HS

HS

HS

HS

PLR

HS PLR

HS PLR

HS PLR

PLR

SD HS

Countries requesting

concessions

ZAI,EGU,SGP

BGH B0L B0LsEGY

IN,THA

THA

BGH,THA TUR

PHL IDN

THA

THA

PRU BGH

BGH,KEN

IN

KEN IN

NGA,KEN IN

KEN IN

IN

NG'. ZAI

Countries

to which requests were

addressed

JPN

EEC JPN CND

US

JPN

JPN US

ALA ALA

US

US

US CND

US

US

US US

us us

us us

us

us ALA

MTN/TP/U/I6

1

CCCK

i

4/.05

44.13

44.14

44.15

44.21

44.23

44.27

44-28

Ch. 60


Wood sawn lengthwise

Wood profiles for parquet

Veneer sheets

Plywood

Wooden packing cases

Builder's carpentry-

Articles of furniture not) within Ch. 94 )

) Other articles of wood )

Woven cotton fabrics

Non-tariff concessions reouested

HS Quarantine HS

SD

HSR

3D

HS Quarantine SD

HS Quarantine SD

Quarantine

Quarantine SD

SD

PLR


PRU,IV0,ZAI MLY SG? IVOjSGP PRU

PRU,BOL,MLY

PRU

PRU

NGA,ZAI PHL PRU

MLY PHL PRU

MLY

MLY PRU,BOL

I

PRU

IVO


addressed

ALA ALA EEC NZ SWZ

US

EEC

US

ALA ALA US

ALA ALA US

ALA

ALA US

US

CND • i

61.05 ! Handkerchiefs PLR : IVO CND !

62.02 : Bed linen, table linen PLR ! IVO j CND

MTN/TP/W/16 Page U

CCCN Description of product Non-tariff concessions requested


Countrie to which requests were

addressed

64.01 Footwear with outer soles and uppers of rubber or plastic

6-4.02 Footwear with outer soles I of leather

64.O3 ! Footwear with outer soles of wood or cork

1

65.06 I Other headgear

PLR

SD

PLR

SD

SD

PLR

SM,SGP

MLI

SM,SGP KEN BGH,MLY,PAK

MLY

I N

CND

NOR

CND SWZ NOR

NOR

US

restricted general agreement on f^/^e

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