wto agreement on technical barriers to trade: a business …

WTO AGREEMENT ON TECHNICAL BARRIERS TO TRADE:

A BUSINESS PERSPECTIVE

GUIDELINES FOR TRAINERS

TRAINING PACK (1/4)

ITC logo ITC tagline

ii EC-10-178.E

Abstract for Export Quality Management Service

ID=41337 2009 F-07.03.04 WTO International Trade Centre (ITC) WTO Agreement on Technical Barriers to Trade: A Business Perspective. - Training Pack. Geneva: ITC, 2009. 4 vol. Doc. No. EC-10-178.E

Training pack focusing on the WTO Agreement on Technical Barriers to Trade (TBT), providing the necessary information to the business sector in developing countries to improve market access and trade successfully under the terms of the Agreement - the pack is divided into two parts: Guidelines for Trainers; and Workshop Materials; the latter comprise: the Generic Pack (covering basic principles of the Agreement on TBT; standards and technical Regulations; conformity assessment; information retrieval and dissemination; TBT and the environment; and dispute settlement); the Train-the-Trainer Pack (containing the slides and notes of the Generic Pack, with exercises and questions related to a case study); and the Pack for Customization (featuring the slides and notes of the Generic Pack, along with slides to be customized and used for country/sector workshop presentations).

Descriptors: TBT, Technical Barriers to Trade, SPS, Market Access, Trade Agreements, Multilateral Trading System, Training. EN International Trade Centre, Palais des Nations, 1211 Geneva 10, Switzerland (http://www.intracen.org)

The International Trade Centre (ITC) is the joint agency of the World Trade Organization and the United Nations

The designations employed and the presentation of material in this document do not imply the expression of any opinion whatsoever on the part of the International Trade Centre concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

This document has not formally been edited by the International Trade Centre.

WTO Agreement on Technical Barriers to Trade: A Business Perspective

EC-10-178.E iii

Foreword

ITC developed the first version of this Training Pack under an ITC programme previously called World Trade Net, and now called Business and Trade Policy Programme that responds to the need for information, practical advice and training for the business community on WTO issues that are directly relevant to their business operations.

This Pack has been revised within the framework of the Bangladesh Quality Support Programme (BQSP), funded by the European Commission and implemented by ITC in collaboration with the Bangladesh Export Promotion Bureau (EPB). The Pack has been revised in order to better respond to exporters’ requirements in developing countries and to provide relevant background material for a Train-the-Trainer Programme. The in-depth ITC Train-the-Trainer Programme on “The WTO Agreement on TBT: A Business Perspective” conducted in Bangladesh enhanced the skills, knowledge and capacity of a pool of local trainers to deliver similar workshops customised for specific sectors (i.e. Textile and Textile Products, Leather and Leather Products) and taking into account national needs. This innovative approach to develop the capacity of the trainers applied by ITC in Bangladesh can now be replicated in other countries.

This Training Pack is mainly aimed at:

• Providing assistance for better preparation by the business sector to take advantage of the WTO Agreement on Technical Barriers to Trade (TBT) for maintaining and improving market access and trade successfully under the terms of the Agreement;

• Creating a better understanding by the business community of the impact of potential benefits associated with the implementation of the WTO Agreement on TBT;

• Building a pool of local trainers on TBT who are able to organise and deliver training workshops on “The WTO Agreement on TBT: A Business Perspective” for the business perspective customised for various sectors and taking into account national needs.

This Training Pack consists of the following documents:

• Guidelines for Trainers (1/4)

• Workshop Materials, consisting of:

− Generic Pack (2/4) − Train-the-Trainer Pack (3/4) − Pack for Customization (4/4)

We hope that this Training Pack will help businesses in developing countries to take advantage of the benefits from the WTO Agreement on TBT for maintaining and improving market access for export products.

WTO Agreement on TBT: A Business Perspective

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EC-10-178.E v

Acknowledgements

The first version of this Training Pack was written by Henri J. van Rensberg, ITC International Consultant, under the technical guidance of Shyam K. Gujadhur, Senior Adviser on Standards and Quality Management at ITC.

Previous versions of this Training Pack were used as background material in regional workshops in Brazil and the Philippines (2002), and in national workshops in Kyrgyzstan and Tajikistan (2004) and in a regional workshop in Kenya (2005) and were based on the feedback obtained during the workshops and from the participants.

The current Training Pack was developed by S.C. Arora, ITC International Consultant, under the technical guidance of Shyam K. Gujadhur, ITC, within the framework of the Bangladesh Quality Support Programme.

The following persons have contributed to improve the usefulness of the different versions of the tool to disseminate information to the business sector:

− Ludovica Ghizzoni, Adviser on Enterprise Value Chain - Export Quality Management at ITC − Rajinder R. Sud, ITC International Consultant − Valeria Ciampa, Associate Expert on Export Quality Management at ITC

Vladimir Rakov, Daniel Torres, Rini Banerjee, and Baris Oztoprak, provided administrative support and researched materials for the different revisions of this Training Pack.

ITC thanks ASTM International for authorizing the reproduction of the article ‘‘Using International Standards: A Wake-Up Call to Regulators?’’ which appeared in the January 2004 issue of ASTM Standardization News.


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EC-10-178.E vii

Acronyms and Abbreviations

For the purpose of this Training Pack, the following abbreviations and terms are defined as:

AAFA American Apparel and Footwear Association

AIDMO Arab Industrial Development and Mining Organization

APEC Asia-Pacific Economic Cooperation

API American Petroleum Institute

ARSO African Organization for Standardization

ASME American Society of Mechanical Engineers

ASQ American Society for Quality

ASTM American Society for Testing and Materials

BIPM Bureau International des Poids et Mesures

BIS Bureau of Indian Standards

BQSP Bangladesh Quality Support Programme

Business Community All organizations or enterprises involved in manufacturing of goods, provision of services, trade, and commerce as for business

CAB Conformity Assessment Body

CAC Codex Alimentarius Commission

CB Certification Body

CEN European Committee for Standardization

CENELEC European Committee for Electrotechnical Standardization

COPANT Pan American Standards Commission

CSA Canadian Standards Association

CTE (WTO) Committee on Trade and Environment

DSB Dispute Settlement Body

DRS Deposit refund systems

EC European Commission

EEC European Economic Community

EPB Bangladesh Export Promotion Bureau

EN European Norm

EMS Environmental Management System

EPA US Environmental Protection Agency

EU European Union

FAO Food and Agriculture Organization of the United Nations

FDA Food and Drug Administration (of USA)

GATS General Agreement on Trade in Services

GATT General Agreement on Tariffs and Trade

IAF International Accreditation Forum

IEC International Electrotechnical Commission


viii EC-10-178.E

IECEE Worldwide System for Conformity Testing and Certification of Electrotechnical Equipment and Components (IECEE)

IHS Information Handling Services

ILAC International Laboratory Accreditation Cooperation

ILO International Labor Organisation

ISONET ISO Information Network

IPPC International Plant Protection Convention

ISSO International Standard-Setting Organization

ISO International Organization for Standardization

IT Information Technology

ITC International Trade Centre

ITU International Telecommunication Union

LCA Life Cycle Analysis

LDCs Least Developed Countries

MFN Most Favoured Nation

MLA Multilateral Recognition Agreement

MRA Mutual Recognition Arrangement

NAB National Accreditation Body

NCB National Certification Body

NEP National Enquiry Point

NSB National Standards/Standardizing Body

OIE World Organization for Animal Health

OECD Organization for Economic Co-operation and Development

OHSAS Occupational Health and Safety Management System (OHSAS 18000)

OIML International Organization of Legal Metrology

QMS Quality Management System

PPMs Process and production methods (could be regarded as standards)

ROHs Restriction of Hazardous Substances

RvA Road voor Accreditatie

SA Social Accountability (SA 8000)

SAI Social Accountability International

SDoC Supplier Declaration of Conformity

SIRIM Standards and Industrial Research Institute of Malaysia

SI Units International System of Units

SMEs Small and Medium Enterprises

SPS (Agreement on) Sanitary and Phytosanitary Measures

TBT (Agreement on) Technical Barriers to Trade

TR Technical Regulation

TRIPS (Agreement on) Trade-Related aspects of Intellectual Property Rights

TS Technical Specification


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VIN International Vocabulary of Legal Metrology

UN United Nations

UNCTAD United Nations Conference on Trade and Development

UNECE United Nations Economic Commission for Europe

USA United States of America

WHO World Health Organization

WB World Bank

WRAP Worldwide Responsible Apparel Production

WSSN World Standard Services Network

WTO World Trade Organization


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EC-10-178.E xi

Contents Foreword iii Acknowledgements v Acronyms and Abbreviations vii

Chapter 1. Description of the Training Pack 1

Chapter 2. Methodology and Process for Training of Trainers 2

2.1 Selection of Trainers 5 2.2 One-day Generic Workshop on the WTO Agreement on TBT (Workshop 1) 5 2.3 Two-day Workshop for Training of Trainers on TBT (Workshop 2) 5 2.4 One-day specific sector/country workshop on TBT (Workshop 3) 6 2.5 One-day specific sector/country workshop on TBT (Workshop 4) 7

Annex A1: Workshop on “The WTO Agreement on TBT: A Business Perspective” 8

A. Programme Outline 8 B. Workshop Evaluation Form 9 C. Letter of Invitation 11 D. Nomination Form 12 E. List of Participants 13

Annex A2: Agreement on Technical Barriers to Trade 14

Annex B1: Two-Day Workshop for Training of Trainers on TBT 32

A. Programme Outline 32 B. Evaluation Form 34

Annex B2: Case Study on C-Products 36

Annex B3: Answers to Exercises on Case Study on C-Products 40

Annex B4: Case Study on Dispute Settlement 44

Annex B5: Information Resources - Websites 47

Annex C1: Survey Questionnaire on TBT Issues 48

Annex C2: One-day Sector/Country Workshop on TBT 51

A. Programme Outline 51 B. Workshop Evaluation Form 52


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EC-10-178.E 1

Chapter 1. Description of the Training Pack

This Training Pack consists of the following documents:

i. Guidelines for Trainers (1/4) ii. Workshop materials, consisting of:

• Generic Pack (2/4) • Train-the-Trainer Pack (3/4) • Pack for Customization (4/4)

The Training Pack contains all the information deemed necessary to support the preparation and delivery of a Train-the-Trainer Programme on “The WTO Agreement on Technical Barriers to Trade: A Business Perspective”.

The “Guidelines for Trainers” contains the information needed to support the Presenter/Trainer in conducting the workshops included in the Programme and guiding the customization of the Pack. The full legal text of the WTO Agreement on TBT is included in Annex A2 of this Pack and can be referred to, by the Presenter/Trainer as required. To ensure that the material presented is as up-to-date as possible, the Presenter should check sources prior to the workshop. If this is not possible, participants should be informed, where appropriate, that the information in the Pack was current as at December 2009.

The “Workshop Materials” consists of the following three Packs in the format of slides with notes:

• Generic Pack: includes seven Modules. The Modules are listed below:

Introduction (Module 1) The WTO and Basic Principles of the Agreement on TBT (Module 2) Standards and Technical Regulations (Module 3) Conformity Assessment (Module 4) Information Retrieval and Dissemination (Module 5) TBT and the Environment (Module 6) Dispute Settlement (Module 7)

• Train-the-Trainer Pack: includes the slides and notes of the Generic Pack along with six exercises presenting eight questions related to a Case Study on C-Products.

• Pack for Customization: includes the slides and notes of the Generic Pack along with slides to be customized for country and sector based on the given guidelines. Once customized, this Pack will be used as presentation for country/sector workshops on TBT.


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Chapter 2. Methodology and Process for Training of Trainers

The ITC Train-the-Trainer Programme on ‘The WTO Agreement on Technical Barriers to Trade: A Business Perspective’ is aimed at developing an understanding of the WTO Agreement on Technical Barriers to Trade (TBT) and how it can be used to enhance market access for exports. At the end of the entire training process the country will have the capacity to further disseminate awareness about the WTO Agreement on TBT for the business sector with customized training materials by a pool of trained local trainers.

The steps of the Train-the-Trainer Programme are illustrated below in Figure 1.

Figure 1: Process of the Train-the-Trainer Programme Step 1:

Step 2:

Workshop 1: ONE-DAY GENERIC WORKSHOP ON THE WTO AGREEMENT ON TBT: A BUSINESS PERSPECTIVE

Objective: To raise awareness about the WTO Agreement on TBT and observe the participation of potential national trainers (five)

Conducted by: International Consultant

Participants: Industry personnel, other stakeholders and potential trainers (about 30 participants)

Material available: Handouts of Generic Pack - to be distributed at the time of registration

Duration: One day

SELECTION OF POTENTIAL TRAINERS ON TBT

To select five national trainers to participate in the Training Programme on TBT

Selection done with the support of the International Consultant

Duration: One day (back to back Workshop 1)


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Step 3:

Step 4:

Workshop 2: TWO-DAY WORKSHOP FOR TRAINING OF TRAINERS ON TBT

Objective: To strengthen the understanding of the selected national trainers of the nuances of the WTO Agreement on TBT through working on a case study exercise, participating in discussions and learning how to customise the Pack for a specific sector and the country’s needs

Conducted by: International Consultant

Participants: Selected trainers who have attended Workshop 1 (about five participants)

Material available:

- To be distributed after selection of the Trainers and one day before the workshop:

• Text of the WTO Agreement on TBT • Case Study on C Products • Printed version of the Pack for Customization (slides and notes)

- To be distributed before Session 6:

• Survey Questionnaire on TBT Issues

- To be distributed at the end of the workshop:

• CD-Rom containing Guidelines for Trainers, Generic Pack, Train-the-Trainer Pack, Pack for Customization

Duration: Two days

CUSTOMIZATION OF THE TRAINING PACK AT COUNTRY LEVEL

by the selected national trainers and with off-site support by the International Consultant and ITC

Material available:

• Pack for Customization • Survey Questionnaire • Guidelines for Trainers

Duration: Two to three months


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Step 5:

Step 6:

The duration of the Train-the-Trainer Programme is from five to ten months and requires two missions of an International Consultant (IC).

The first two workshops are carried out by the IC during his/her first mission. The first workshop aims, inter alia, at raising awareness about the WTO Agreement on TBT among potential local trainers, observing their participation in the workshop; while the second workshop at further strengthening their knowledge on TBT and explaining how to customize the Training Pack.

Then the trainers are expected to customize the Pack for Customization for a specific sector (e.g. textile, leather) and include their country information. The customisation of the Pack may require about two to three months. The IC provides off-site guidance during the customization period. The outcome of this work will be the Customized Pack to be used as presentation in the following workshops on TBT.

Subsequently, in the second mission, the IC reviews/finalises the Customised Pack and supervises the trainers who conduct a workshop (workshop 3) using this Customized Pack.

After the successful completion of this workshop, the selected local trainers are then equipped to conduct a series of one-day specific sector/country workshops on TBT for the business community on their own (workshop 4).

Workshop 3: ONE-DAY SPECIFIC SECTOR/COUNTRY WORKSHOP ON TBT

Objective: To prepare the selected national trainers to conduct workshops on TBT on their own and to disseminate TBT information and raise awareness about TBT issues in the country

Conducted by: Five selected trainers who have gone through steps 1, 2, 3 and 4; and under the supervision of the International Consultant

Participants: Industry personnel and other stakeholders (about 20 participants)

Material available:

• Handouts of Customised Pack - to be distributed at the time of registration

Duration: One day

Workshop 4: ONE- DAY SPECIFIC SECTOR/COUNTRY WORKSHOP ON TBT

Objective: To disseminate TBT information and raise awareness about TBT issues in the country

Conducted by: Selected trained national trainers

Participants: Industry personnel and other stakeholders (about 20 participants)

Material available:

• Handouts of Customised Pack - to be distributed at the time of registration

Duration: One day


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2.1 Selection of Trainers The ITC Train-the-Trainer Programme aims at building the skills and knowledge on the WTO Agreement on TBT: A Business Perspective of about five local Trainers.

The potential national Trainers must have the relevant qualifications and experience to become good Trainers:

o a bachelor degree in science/engineering/technology/economics/commerce. o at least three years’ work experience, preferably, in matters connected with international trade.

The Trainers must also have the relevant attitudes:

o substantial familiarity with a significant part of the span of TBT issues; o some familiarity with the TBT Agreement; o facility in the use of PowerPoint; o good inter-personal and presentation skills; o ability to analyse and react quickly to situations arising during training workshops; o ability to facilitate group exercises; o strong motivation to succeed; o capacity to work independently or with minimal direction.

The candidatures of the pontential Trainers will be collected before workshop 1 and the interview for selecting the Trainers will be conducted after the same workshop.

2.2 One-day Generic Workshop on the WTO Agreement on TBT (Workshop 1) This workshop will be the first of a series of workshops aimed at building local capacity on the WTO Agreement on TBT. This workshop will assist the IC to observe the performance of the potential Trainers.

The Presenter will use the PowerPoint Presentation of the Generic Pack. The notes at the bottom of the slides provide additional information to support the presentation. The Presenter also has the text of the WTO Agreement on TBT (Annex A2). Samples of the programme, evaluation form, letter of invitation and list of participants are given in this Pack - Guidelines for Trainers (Annexes A1-A, B, C, D, E).

Approximately 30 participants (industry personnel, potential trainers and other stakeholders) will be invited. From these five potential Trainers will be selected to participate in the Train-the-Trainer Programme. It is recommended that the Presenter follow the programme outline as per Annex A1-A and respect as much as possible the planned timetable. At the beginning of the workshop the evaluation form (Annex A1-B) should be distributed to the participants. The forms should be completed progressively during the workshop and collected at the end. Participants should be provided with the handouts of the Generic Pack at the beginning of the workshop (two handouts per page, without notes).

It might be helpful if, in the first session of the workshop, participants are invited to briefly introduce themselves to other participants (name, organization, professional background), and state their expectations from the workshop. The Presenter may find it useful to keep a note of all these expectations on a flipchart and refer back to them at the closure of the workshop.

During the workshop, the Presenter will highlight the key elements of the selected slides and encourage the participants’ involvement in the discussions. An average time of two minutes per slide should be adequate.

2.3 Two-day Workshop for Training of Trainers on TBT (Workshop 2) This workshop will be the second of a series of workshops aimed at building local capacity on the WTO Agreement on TBT. In particular this workshop aims at strengthening the understanding of the selected


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national trainers of the nuances of the WTO Agreement on TBT and learning how to customise the Pack for a specific sector and the country’s needs.

The Presenter will use the PowerPoint Presentation of the Train-the-Trainer Pack. The notes at the bottom of the slides provide additional information to support the presentation. The Train-the-Trainer Pack includes the slides and notes of the Generic Pack along with six exercises presenting eight questions related to a Case Study on C-Products.

The Presenter has also available the following useful documents included as Annexes of this “Guidelines for Trainers”:

Text of the WTO Agreement on TBT (Annex A2) Case Study on C-Products (Annex B2) Answers to Case Study on C-Products (Annex B3) Case Study about dispute settlement (Annex B4) Information Sources - Web Sites (Annex B5)

Participants should be provided with the text of the WTO Agreement on TBT, the Case Study on C-Products along with the printed version of the Pack for Customization (handouts and notes) at the time of the confirmation of their selection in the ITC Programme and before the workshop.

The programme and the evaluation form are given in this “Guidelines for Trainers” as sample (Annex B1-A, B). Before the end of the workshop the evaluation form should be distributed to the participants.

The first one and a half days will focus in detail on the material covered in the first generic workshop. Participants will be given an opportunity to ask questions and discuss the material in depth. Participants will also have to solve exercises and go through the Case Study on C-Products. Several of the questions related to the case study have no rigid right or wrong answers, and it is expected that no two participants will agree on all aspects. It is intended that participants be provided with an opportunity to apply their minds to the intricacies of the situation and develop their own interpretations in cooperation and discussion with the other participants and the Presenter facilitating the session.

Half a day will be spent on learning how to customize the Training Pack for a specific sector and/or to include country information. Before Session 6 of the Workshop the national Trainers will be given with guidance to convert the Generic PowerPoint to sector specific PowerPoint along with the TBT Survey Questionnaire. Relevant information is also given in the notes below the concerned slides of the Pack for Customization. The TBT Survey Questionnaire (attached in Annex C1 of this Guidelines for Trainers) must be completed by the trained Trainers during the customization period. The aim of this exercise is to obtain information related to TBT issues for specific sectors and the country.

At the conclusion of the workshop a CD-Rom of the completed Training Pack on “The WTO Agreement on TBT: A Business Perspective” will be given to the participants.

Between the second and the third workshop, there will be a gap of at least two to three months. During this time, the selected Trainers will complete the Pack for Customization with the sector specific slides. The International Consultant will provide off-site support and guidance to help the Trainers to tailor the pack to their requirements and review the customized material.

2.4 One-day specific sector/country workshop on TBT (Workshop 3) The trained local Trainers, who went through the TBT training programme and have customized the Training Pack, will run this workshop under the supervision of the IC. It should be ensured that each trained Trainer get one session to present.

The supervision of the International Consultant will help the Trainers familiarise with the presentations and get some support with the question and answer sessions. The local Trainers will use the slides and notes of the finalised Customized Pack for presenting the various sessions of the workshop.


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The workshop will be attended by about 20 participants – industry personnel and other stakeholders.

Programme and evaluation form are given in this “Guidelines for Trainers” as sample (Annexes C2-A, B). It is good practice to distribute the evaluation form at the beginning of the workshop; the forms should be completed progressively during the workshop and collected at the end.

At the end of workshop the IC will have a separate session with the National Trainers to give them feedback on their performance in the workshop and give further advice on conducting the next workshop independently.

2.5 One-day specific sector/country workshop on TBT (Workshop 4) This workshop will be conducted by the previously trained local Trainers without supervision. Using the skills obtained during the previous workshops, the Trainers will be able to conduct the workshop on their own.

The local Trainers will use the slides and notes of the Customized Pack for presenting the various sessions of the workshop.

The workshop will be attended by about 20 participants – industry personnel and other stakeholders.

The programme and evaluation form are given in this “Guidelines for Trainers” as sample (Annex C2-A, B). It is good practice to distribute the evaluation form at the beginning of the workshop; the forms should be completed progressively during the workshop and collected at the end.


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Annex A1: Workshop on “The WTO Agreement on TBT: A Business Perspective”

A. Programme Outline

Date

08:00 – 09:00 Registration and administration

09:00 – 09:30 Opening Ceremony

Opening remarks and welcome to participants

Introduction by participants

Introduction to workshop (Module 1)

09:30 – 10:30 Session 1: The WTO and the Principles of the Agreement on TBT

• Introduction to WTO and basic principles of the Agreement on TBT (Module 2)

− Listing of issues identified by workshop participants

10:30 – 10:45 Coffee break

10:45 – 12:00 Session 2: Technical Requirements

• Standards and Technical Regulations (Module 3)

12:00 – 13:00 Lunch

13:00 – 15:30 Session 3: Conformity Assessment

• Conformity Assessment issues viz Testing, Inspection, Calibration, Product & System Certification, Accreditation, SDoC and Mutual Recognition Agreements (Module 4)


15:45 – 16:15 Session 4: Information Retrieval and Information Dissemination

• Role of National Enquiry Point and Role of Business in Information Exchange (Module 5)

16:15 – 17:00 Session 5: Miscellaneous Issues

• TBT and the Environment (Module 6)

• Dispute Settlement (Module 7)

17:00 – 17:30 Discussion and closing


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B. Workshop Evaluation Form

Venue, Date

Your valuable feedback will ensure that our events offer cutting-edge information and training. We greatly appreciate your co-operation in completing this form. Please tick as appropriate.

Overall Event Success Excellent (4)

Good (3)

Fair (2)

Poor (1)

What is your overall evaluation of the workshop?

Were your objectives achieved?

Has your understanding about potential benefits associated with the implementation of the WTO Agreement on TBT to the business community improved?

How would you value what you have learnt during the workshop for practical implementation in your corporate strategies and operations?

How would you describe the level of dialogue between participants?

Customer Service/Administration Excellent (4)

Good (3)

Fair (2)

Poor (1)

How do you rate the management and organization of this workshop?

The Speakers Excellent (4)

Good (3)

Fair (2)

Poor (1)

Please evaluate the speakers’ performance

Speaker A

Speaker B


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Please evaluate the usefulness/quality of each of the workshop sessions

Excellent (4)

Good (3)

Fair (2)

Poor (1)

Introduction to workshop and presentation of participants (Module1)

Session 1: The WTO and the Principles of the Agreement on the TBT Introduction to WTO and basic principles of the WTO Agreement on TBT (Module 2)

Session 2: Technical Requirements Standards and Technical Regulations (Module 3)

Session 3: Conformity Assessment Conformity assessment (Module 4)

Session 4: Information Retrieval and information Dissemination Role of National Enquiry Point and Role of Business in Information Exchange (Module 5)

Session 5: Miscellaneous Issues TBT and the Environment (Module 6) Dispute Settlement (Module 7)

Please value the usefulness/quality of the following materials

Excellent (4)

Good (3)

Fair (2)

Poor (1)

Handouts

Additional Documentation


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C. Letter of Invitation

Reference: Date

Dear Sir/Madam:

Subject: Invitation to participate to the Workshop on the “WTO Agreement on TBT: A Business Perspective”

The XXX is organising a workshop on the “The WTO/TBT Agreement: A Business Perspective” and we feel you would benefit from attending this workshop. The workshop will attract a diverse group of participants from government officials, exporters, enterprises, representatives of national organisations dealing with standards and conformity assessments and other bodies involved in assisting exporters.

Date: XXXX Time: 8:30 am to 5:30 pm

Venue: XXXX

The aim of the workshop is to inform businesses and public sectors of the steps taken by the WTO and its members to encourage free and fair trade at international level and minimize any technical regulations that can result in trade barriers. These steps – formalized in the WTO Agreement on TBT – will be the main topic of discussion during the workshop. Participants will participate in discussions that will enable them to improve market access for their exports. After the workshop, potential trainers will be selected and trained to enable them to conduct workshops independently to facilitate discussion and awareness of TBT issues at national or local level. The potential trainer should at least have a bachelor degree in science /engineering/technology/economics/commerce and three years work experience preferably in matters connected with international trade.

Please find attached the programme outline and a nomination form should you wish to nominate two participants who are involved in dealing with TBT.

Yours sincerely,

_______________________________

Insert name of sender

Mr./Ms. Xxxx

Address


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Annex A1: Workshop on “The WTO Agreement on TBT: A Business Perspective” (Venue and date)

D. Nomination Form

Name of the first nominee

Designation

Department

Contact phone

Email

Name of the second nominee

Designation

Department

Contact Phone

Email

Organization

Address

Phone

Email

Nominated by

____________________

Signature

Name:

Designation:

Please return the form to:

Person in Charge

xxxx

Address


EC-10-178.E 13


(Venue and date)

E. List of Participants

S Name & Designation Organization & Address

Contact Detail Signature

Mr. /Ms.

Designation:

Mob:

Tel:

Fax:

Email:

Mr. /Ms.

Designation:

Mob:

Tel:

Fax:

Email:

Mr. /Ms.

Designation:

Mob:

Tel:

Fax:

Email:

Mr. /Ms.

Designation:

Mob:

Tel:

Fax:

Email:


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Annex A2: AGREEMENT ON TECHNICAL BARRIERS TO TRADE

Members,

Having regard to the Uruguay Round of Multilateral Trade Negotiations;

Desiring to further the objectives of GATT 1994;

Recognizing the important contribution that international standards and conformity assessment systems can make in this regard by improving efficiency of production and facilitating the conduct of international trade;

Desiring therefore to encourage the development of such international standards and conformity assessment systems;

Desiring however to ensure that technical regulations and standards, including packaging, marking and labelling requirements, and procedures for assessment of conformity with technical regulations and standards do not create unnecessary obstacles to international trade;

Recognizing that no country should be prevented from taking measures necessary to ensure the quality of its exports, or for the protection of human, animal or plant life or health, of the environment, or for the prevention of deceptive practices, at the levels it considers appropriate, subject to the requirement that they are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on international trade, and are otherwise in accordance with the provisions of this Agreement;

Recognizing that no country should be prevented from taking measures necessary for the protection of its essential security interest;

Recognizing the contribution which international standardization can make to the transfer of technology from developed to developing countries;

Recognizing that developing countries may encounter special difficulties in the formulation and application of technical regulations and standards and procedures for assessment of conformity with technical regulations and standards, and desiring to assist them in their endeavours in this regard;

Hereby agree as follows:

Article 1

General Provisions

1.1 General terms for standardization and procedures for assessment of conformity shall normally have the meaning given to them by definitions adopted within the United Nations system and by international standardizing bodies taking into account their context and in the light of the object and purpose of this Agreement.

1.2 However, for the purposes of this Agreement the meaning of the terms given in Annex 1 applies.

1.3 All products, including industrial and agricultural products, shall be subject to the provisions of this Agreement.

1.4 Purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies are not subject to the provisions of this Agreement but are addressed in the Agreement on Government Procurement, according to its coverage.

1.5 The provisions of this Agreement do not apply to sanitary and phytosanitary measures as defined in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures.


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1.6 All references in this Agreement to technical regulations, standards and conformity assessment procedures shall be construed to include any amendments thereto and any additions to the rules or the product coverage thereof, except amendments and additions of an insignificant nature.

TECHNICAL REGULATIONS AND STANDARDS

Article 2

Preparation, Adoption and Application of Technical Regulations

by Central Government Bodies

With respect to their central government bodies:

2.1 Members shall ensure that in respect of technical regulations, products imported from the territory of any Member shall be accorded treatment no less favourable than that accorded to like products of national origin and to like products originating in any other country.

2.2 Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration are, inter alia: available scientific and technical information, related processing technology or intended end-uses of products.

2.3 Technical regulations shall not be maintained if the circumstances or objectives giving rise to their adoption no longer exist or if the changed circumstances or objectives can be addressed in a less trade-restrictive manner.

2.4 Where technical regulations are required and relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems.

2.5 A Member preparing, adopting or applying a technical regulation which may have a significant effect on trade of other Members shall, upon the request of another Member, explain the justification for that technical regulation in terms of the provisions of paragraphs 2 to 4. Whenever a technical regulation is prepared, adopted or applied for one of the legitimate objectives explicitly mentioned in paragraph 2, and is in accordance with relevant international standards, it shall be reputably presumed not to create an unnecessary obstacle to international trade.

2.6 With a view to harmonizing technical regulations on as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of international standards for products for which they either have adopted, or expect to adopt, technical regulations.

2.7 Members shall 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.

2.8 Wherever appropriate, Members shall specify technical regulations based on product requirements in terms of performance rather than design or descriptive characteristics.


16 EC-10-178.E

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 propose 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 Members 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 covered, with a brief indication of the objective and the rationale of the technical 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 regulations 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 referred 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 developing country Members, to adapt their products or methods of production to the requirements of the importing Member.

Article 3

Preparation, Adoption and Application of Technical Regulations

by Local Government Bodies and Non-Governmental Bodies

With respect to their local government and non-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 Article 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 regulations of local governments on the level directly below that of the central government in Members are notified in accordance with the provisions of


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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 substantially 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 paragraphs 9 and 10 of Article 2, to take place through the central government.

3.4 Members shall not take measures, which require or encourage local government bodies or non-governmental bodies within their territories to act in a manner inconsistent with the provisions of Article 2.

3.5 Members are fully responsible under this Agreement for the observance of all provisions of Article 2. Members shall formulate and implement positive measures and mechanisms in support of the observance of the provisions of Article 2 by other than central government bodies.

Article 4

Preparation, Adoption and Application

of Standards

4.1 Members shall ensure that their central government standardizing bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to this Agreement (referred to in this Agreement as the "Code of Good Practice"). They shall take such reasonable measures as may be available to them to ensure that local government and non-governmental standardizing bodies within their territories, as well as regional standardizing bodies of which they or one or more bodies within their territories are members, accept and comply with this Code of Good Practice. In addition, Members shall not take measures, which have the effect of, directly or indirectly, requiring or encouraging such standardizing bodies to act in a manner inconsistent with the Code of Good Practice. The obligations of Members with respect to compliance of standardizing bodies with the provisions of the Code of Good Practice shall apply irrespective of whether or not a standardizing body has accepted the Code of Good Practice.

4.2 Standardizing bodies that have accepted and are complying with the Code of Good Practice shall be acknowledged by the Members as complying with the principles of this Agreement.

CONFORMITY WITH TECHNICAL REGULATIONS AND STANDARDS

Article 5

Procedures for Assessment of Conformity by Central Government Bodies

5.1 Members shall ensure that, in cases where a positive assurance of conformity with technical regulations or standards is required, their central government bodies apply the following provisions to products originating in the territories of other Members:

5.1.1 conformity assessment procedures are prepared, adopted and applied so as to grant access for suppliers of like products originating in the territories of other Members under conditions no less favourable than those accorded to suppliers of like products of national origin or originating in any other country, in a comparable situation; access entails suppliers' right to an assessment of conformity under the rules of the procedure, including, when foreseen by this procedure, the possibility to have conformity assessment activities undertaken at the site of facilities and to receive the mark of the system;

5.1.2 conformity assessment procedures are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. This means, inter alia, that conformity


18 EC-10-178.E

assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Member adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create.

5.2 When implementing the provisions of paragraph 1, Members shall ensure that:

5.2.1 conformity assessment procedures are undertaken and completed as expeditiously as possible and in a no less favourable order for products originating in the territories of other Members than for like domestic products;

5.2.2 the standard processing period of each conformity assessment procedure is published or that the anticipated processing period is communicated to the applicant upon request; when receiving an application, the competent body promptly examines the completeness of the documentation and informs the applicant in a precise and complete manner of all deficiencies; the competent body transmits as soon as possible the results of the assessment in a precise and complete manner to the applicant so that corrective action may be taken if necessary; even when the application has deficiencies, the competent 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;

5.2.3 information requirements are limited to what is necessary to assess conformity and determine fees;

5.2.4 the confidentiality of information about products originating in the territories of other Members arising from or supplied in connection with such conformity assessment procedures is respected in the same way as for domestic products and in such a manner that legitimate commercial interests are protected;

5.2.5 any fees imposed for assessing the conformity of products originating in the territories of other Members are equitable in relation to any fees chargeable for assessing the conformity of like products 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;

5.2.6 the siting of facilities used in conformity assessment procedures and the selection of samples are not such as to cause unnecessary inconvenience to applicants or their agents;

5.2.7 whenever specifications of a product are changed subsequent to the determination of its conformity to the applicable technical regulations or standards, the conformity assessment procedure for the modified product is limited to what is necessary to determine whether adequate confidence exists that the product still meets the technical regulations or standards concerned;

5.2.8 a procedure exists to review complaints concerning the operation of a conformity assessment procedure and to take corrective action when a complaint is justified.

5.3 Nothing in paragraphs 1 and 2 shall prevent Members from carrying out reasonable spot checks within their territories.

5.4 In cases where a positive assurance is required that products conform with technical regulations or standards, and relevant guides or recommendations issued by international standardizing bodies exist or their completion is imminent, Members shall ensure that central government bodies use them, or the relevant parts of them, as a basis for their conformity assessment procedures, except where, as duly explained upon request, such guides or recommendations or relevant parts are inappropriate for the Members concerned, for, inter alia, such reasons as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems.

5.5 With a view to harmonizing conformity assessment procedures on as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of guides and recommendations for conformity assessment procedures.

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


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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 amendments can still be introduced and comments taken into account;

5.6.3 upon request, provide to other Members particulars or copies of the proposed procedure and, whenever possible, identify 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, with a brief indication of the objective and the rationale of the procedure, including the nature of the urgent problems;

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 referred 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 adapt their products or methods of production to the requirements of the importing Member.

Article 6

Recognition of Conformity Assessment by Central Government Bodies

With respect to their central government bodies:

6.1 Without prejudice to the provisions of paragraphs 3 and 4, 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 that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to their own procedures. It is recognized that prior consultations may be necessary in order to arrive at a mutually satisfactory understanding regarding, in particular:

6.1.1 adequate and enduring technical competence of the relevant conformity assessment bodies in the exporting Member, so that confidence in the continued reliability of their conformity assessment results can exist; in this regard, verified compliance, for instance through accreditation, with relevant guides or


20 EC-10-178.E

recommendations issued by international standardizing bodies shall be taken into account as an indication of adequate technical competence;

6.1.2 limitation of the acceptance of conformity assessment results to those produced by designated bodies in the exporting Member.

6.2 Members shall ensure that their conformity assessment procedures permit, as far as practicable, the implementation of the provisions in paragraph 1.

6.3 Members are encouraged, at the request of other Members, to be willing to enter into negotiations for the conclusion of agreements for the mutual recognition of results of each other's conformity assessment procedures. Members may require that such agreements fulfil the criteria of paragraph 1 and give mutual satisfaction regarding their potential for facilitating trade in the products concerned.

6.4 Members are encouraged to permit participation of conformity assessment bodies located in the territories of other Members in their conformity assessment procedures under conditions no less favourable than those accorded to bodies located within their territory or the territory of any other country.

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 paragraphs 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 government 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 procedures 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 Article 5, to take place through the central government.

7.4 Members shall not take measures, which require or encourage local government bodies within their territories to act in a manner inconsistent with the provisions of Articles 5 and 6.

7.5 Members are fully responsible under this Agreement for the observance of all provisions of Articles 5 and 6. Members shall formulate and implement positive measures and mechanisms in support of the observance of the provisions of Articles 5 and 6 by other than central government bodies.

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 encouraging such bodies to act in a manner inconsistent with the provisions of Articles 5 and 6.


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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.

Article 9

International and Regional Systems

9.1 Where a positive assurance of conformity with a technical regulation or standard is required, Members shall, wherever practicable, formulate and adopt international systems for conformity assessment and become members thereof or participate therein.

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 inconsistent 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 that these systems comply with the provisions of Articles 5 and 6, as applicable.

INFORMATION AND ASSISTANCE

Article 10

Information About Technical Regulations, Standards and

Conformity Assessment Procedures

10.1 Each Member shall ensure that an enquiry point exists which is able to answer all reasonable enquiries from other Members and interested parties 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-governmental 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 within its territory by central or local government bodies, or by regional standardizing 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-governmental 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 territory, in international and regional standardizing bodies and conformity assessment systems, as well as in bilateral and multilateral arrangements within the scope of this Agreement; it shall also be able to provide reasonable information on the provisions of such systems and arrangements;

10.1.5 the location of notices published pursuant to this Agreement, or the provision of information as to where such information can be obtained; and


22 EC-10-178.E

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 other Members complete and unambiguous information on the scope of responsibility of each of these enquiry points. In addition, that Member shall ensure 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 measures 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 documents or information as to where they can be obtained regarding:

10.3.1 any standards adopted or proposed within 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 participation of relevant non-governmental bodies within its territory in international and regional standardizing bodies and conformity assessment systems, as well as in bilateral and multilateral arrangements within the scope of this Agreement; 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 other Members or by interested parties in other Members, in accordance with the provisions 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 nationals1 of the Member concerned or of any other Member.

10.5 Developed country Members shall, if requested 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 notifications in accordance with the provisions of this Agreement, circulate copies of the notifications to all Members and interested international standardizing and conformity assessment bodies, and draw the attention of developing country Members to any notifications relating to products 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 procedures 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 covered by the agreement and include a brief description of the agreement. Members concerned are encouraged to enter, upon request, into consultations with other Members for the purposes of concluding similar 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

10.8.3 Members to furnish any information, the disclosure of which they consider contrary to their essential security interests.

1 "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.


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10.9 Notifications to the Secretariat shall be in English, French or Spanish.

10.10 Members shall designate a single central government authority that is responsible for the implementation on the national level of the provisions concerning notification procedures under this Agreement except those included in Annex 3.

10.11 If, however, for legal or administrative reasons the responsibility for notification procedures is divided among two or more central government authorities, the Member concerned shall provide to the other Members complete and unambiguous information on the scope of responsibility of each of these authorities.

Article 11

Technical Assistance to Other Members

11.1 Members shall, if requested, advise other Members, especially the developing country Members, on the preparation of technical regulations.

11.2 Members shall, if requested, advise other Members, especially the developing country Members, and shall grant them technical assistance on mutually agreed terms and conditions regarding the establishment of national standardizing bodies, and participation in the international standardizing bodies, and shall encourage their national standardizing bodies to do likewise.

11.3 Members shall, if requested, take such reasonable measures as may be available to them to arrange for the regulatory bodies within their territories to advise other Members, especially the developing country Members, and shall grant them technical assistance on mutually agreed terms and conditions regarding:

11.3.1 the establishment of regulatory bodies, or bodies for the assessment of conformity with technical regulations; and

11.3.2 the methods by which their technical regulations can best be met.

11.4 Members shall, if requested, take such reasonable measures as may be available to them to arrange for advice to be given to other Members, especially the developing country Members, and shall grant them technical assistance on mutually agreed terms and conditions regarding the establishment of bodies for the assessment of conformity with standards adopted within the territory of the requesting Member.

11.5 Members shall, if requested, advise other Members, especially the developing country Members, and shall grant them technical assistance on mutually agreed terms and conditions regarding the steps that should be taken by their producers if they wish to have access to systems for conformity assessment operated by governmental or non-governmental bodies within the territory of the Member receiving the request.

11.6 Members which are members or participants of international or regional systems for conformity assessment shall, if requested, advise other Members, especially the developing country Members, and shall grant them technical assistance on mutually agreed terms and conditions regarding the establishment of the institutions and legal framework which would enable them to fulfil the obligations of membership or participation in such systems.

11.7 Members shall, if so requested, encourage bodies within their territories which are members or participants of international or regional systems for conformity assessment to advise other Members, especially the developing country Members, and should consider requests for technical assistance from them regarding the establishment of the institutions which would enable the relevant bodies within their territories to fulfil the obligations of membership or participation.


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11.8 In providing advice and technical assistance to other Members in terms of paragraphs 1 to 7, Members shall give priority to the needs of the least-developed country Members.

Article 12

Special and Differential Treatment of Developing Country Members

12.1 Members shall provide differential and more favourable treatment to developing country Members to this Agreement, through the following provisions as well as through the relevant provisions of other Articles of this Agreement.

12.2 Members shall give particular attention to the provisions of this Agreement concerning developing country Members' rights and obligations and shall take into account the special development, financial and trade needs of developing country Members in the implementation of this Agreement, both nationally and in the operation of this Agreement's institutional arrangements.

12.3 Members shall, in the preparation and application of technical regulations, standards and conformity assessment procedures, take account of the special development, financial and trade needs of developing country Members, with a view to ensuring that such technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to exports from developing country Members.

12.4 Members recognize that, although international standards, guides or recommendations may exist, in their particular technological and socio-economic conditions, developing country Members adopt certain technical regulations, standards or conformity assessment procedures aimed at preserving indigenous technology and production methods and processes compatible with their development needs. Members therefore recognize that developing country Members should not be expected to use international standards as a basis for their technical regulations or standards, including test methods, which are not appropriate to their development, financial and trade needs.

12.5 Members shall take such reasonable measures as may be available to them to ensure that international standardizing bodies and international systems for conformity assessment are organized and operated in a way which facilitates active and representative participation of relevant bodies in all Members, taking into account the special problems of developing country Members.

12.6 Members shall take such reasonable measures as may be available to them to ensure that international standardizing bodies, upon request of developing country Members, examine the possibility of, and, if practicable, prepare international standards concerning products of special interest to developing country Members.

12.7 Members shall, in accordance with the provisions of Article 11, provide technical assistance to developing country Members to ensure that the preparation and application of technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to the expansion and diversification of exports from developing country Members. In determining the terms and conditions of the technical assistance, account shall be taken of the stage of development of the requesting Members and in particular of the least-developed country Members.

12.8 It is recognized that developing country Members may face special problems, including institutional and infrastructural problems, in the field of preparation and application of technical regulations, standards and conformity assessment procedures. It is further recognized that the special development and trade needs of developing country Members, as well as their stage of technological development, may hinder their ability to discharge fully their obligations under this Agreement. Members, therefore, shall take this fact fully into account. Accordingly, with a view to ensuring that developing country Members are able to comply with this Agreement, the Committee on Technical Barriers to Trade provided for in Article 13 (referred to in this Agreement as the "Committee") is enabled to grant, upon request, specified, time-limited exceptions in whole or in part from obligations under this Agreement. When considering such requests the Committee shall take into account the special problems, in the field of preparation and application of


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technical regulations, standards and conformity assessment procedures, and the special development and trade needs of the developing country Member, as well as its stage of technological development, which may hinder its ability to discharge fully its obligations under this Agreement. The Committee shall, in particular, take into account the special problems of the least-developed country Members.

12.9 During consultations, developed country Members shall bear in mind the special difficulties experienced by developing country Members in formulating and implementing standards and technical regulations and conformity assessment procedures, and in their desire to assist developing country Members with their efforts in this direction, developed country Members shall take account of the special needs of the former in regard to financing, trade and development.

12.10 The Committee shall examine periodically the special and differential treatment, as laid down in this Agreement, granted to developing country Members on national and international levels.

INSTITUTIONS, CONSULTATION AND DISPUTE SETTLEMENT

Article 13

The Committee on Technical Barriers to Trade

13.1 A Committee on Technical Barriers to Trade is hereby established, and shall be composed of representatives from each of the Members. The Committee shall elect its own Chairman and shall meet as necessary, but no less than once a year, for the purpose of affording Members the opportunity of consulting on any matters relating to the operation of this Agreement or the furtherance of its objectives, and shall carry out such responsibilities as assigned to it under this Agreement or by the Members.

13.2 The Committee shall establish working parties or other bodies as may be appropriate, which shall carry out such responsibilities as may be assigned to them by the Committee in accordance with the relevant provisions of this Agreement.

13.3 It is understood that unnecessary duplication should be avoided between the work under this Agreement and that of governments in other technical bodies. The Committee shall examine this problem with a view to minimizing such duplication.

Article 14

Consultation and Dispute Settlement

14.1 Consultations and the settlement of disputes with respect to any matter affecting the operation of this Agreement shall take place under the auspices of the Dispute Settlement Body and shall follow, mutatis mutandis, the provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding.

14.2 At the request of a party to a dispute, or at its own initiative, a panel may establish a technical expert group to assist in questions of a technical nature, requiring detailed consideration by experts.

14.3 Technical expert groups shall be governed by the procedures of Annex 2.

14.4 The dispute settlement provisions set out above can be invoked in cases where a Member considers that another Member has not achieved satisfactory results under Articles 3, 4, 7, 8 and 9 and its trade interests are significantly affected. In this respect, such results shall be equivalent to those as if the body in question were a Member.


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FINAL PROVISIONS

Article 15

Final Provisions

Reservations

15.1 Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.

Review

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 existence 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 implementation and operation 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 period 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 the 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 Agreement to the Council for Trade in Goods.

Annexes

15.5 The annexes to this Agreement constitute an integral part thereof.


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ANNEX 1

TERMS AND THEIR DEFINITIONS FOR THE

PURPOSE OF THIS AGREEMENT

The terms presented in the sixth edition of the ISO/IEC Guide 2: 1991, General Terms and Their Definitions Concerning Standardization and Related Activities, shall, when used in this Agreement, have the same meaning as given in the definitions in the said Guide taking into account that services are excluded from the coverage of this Agreement.

For the purpose of this Agreement, however, the following definitions shall apply:

1. Technical regulation

Document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method.

Explanatory note

The definition in ISO/IEC Guide 2 is not self-contained, but based on the so-called "building block" system.

2. Standard

Document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method.

Explanatory note

The terms as defined in ISO/IEC Guide 2 cover products, processes and services. This Agreement deals only with technical regulations; standards and conformity assessment procedures related to products or processes and production methods. Standards as defined by ISO/IEC Guide 2 may be mandatory or voluntary. For the purpose of this Agreement standards are defined as voluntary and technical regulations as mandatory documents. Standards prepared by the international standardization community are based on consensus. This Agreement covers also documents that are not based on consensus.

3. Conformity assessment procedures

Any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.

Explanatory note

Conformity assessment procedures include, inter alia, procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval as well as their combinations.

4. International body or system

Body or system whose membership is open to the relevant bodies of at least all Members.

5. Regional body or system

Body or system whose membership is open to the relevant bodies of only some of the Members.

6. Central government body


28 EC-10-178.E

Central government, its ministries and departments or any body subject to the control of the central government in respect of the activity in question.

Explanatory note:

In the case of the European Communities the provisions governing central government bodies apply. However, regional bodies or conformity assessment systems may be established within the European Communities, and in such cases would be subject to the provisions of this Agreement on regional bodies or conformity assessment systems.

7. Local government body

Government other than a central government (e.g. states, provinces, Länder, cantons, municipalities, etc.), its ministries or departments or any body subject to the control of such a government in respect of the activity in question.

8. Non-governmental body

Body other than a central government body or a local government body, including a non-governmental body which has legal power to enforce a technical regulation.


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ANNEX 2

TECHNICAL EXPERT GROUPS

The following procedures shall apply to technical expert groups established in accordance with the provisions of Article 14.

1. Technical expert groups are under the panel's authority. Their terms of reference and detailed working procedures shall be decided by the panel, and they shall report to the panel.

2. Participation in technical expert groups shall be restricted to persons of professional standing and experience in the field in question.

3. Citizens of parties to the dispute shall not serve on a technical expert group without the joint agreement of the parties to the dispute, except in exceptional circumstances when the panel considers that the need for specialized scientific expertise cannot be fulfilled otherwise. Government officials of parties to the dispute shall not serve on a technical expert group. Members of technical expert groups shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Governments or organizations shall therefore not give them instructions with regard to matters before a technical expert group.

4. Technical expert groups may consult and seek information and technical advice from any source they deem appropriate. Before a technical expert group seeks such information or advice from a source within the jurisdiction of a Member, it shall inform the government of that Member. Any Member shall respond promptly and fully to any request by a technical expert group for such information as the technical expert group considers necessary and appropriate.

5. The parties to a dispute shall have access to all relevant information provided to a technical expert group, unless it is of a confidential nature. Confidential information provided to the technical expert group shall not be released without formal authorization from the government, organization or person providing the information. Where such information is requested from the technical expert group but release of such information by the technical expert group is not authorized, a non-confidential summary of the information will be provided by the government, organization or person supplying the information.

6. The technical expert group shall submit a draft report to the Members concerned with a view to obtaining their comments, and taking them into account, as appropriate, in the final report, which shall also be circulated to the Members concerned when it is submitted to the panel.


30 EC-10-178.E

ANNEX 3

CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND

APPLICATION OF STANDARDS

General Provisions

A. For the purposes of this Code the definitions in Annex 1 of this Agreement shall apply.

B. This Code is open to acceptance by any standardizing 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 standardizing body one or more members of which are Members of the WTO; and to any non-governmental regional standardizing body one or more members of which are situated within the territory of a Member of the WTO (referred to in this Code collectively as "standardizing bodies" and individually as "the standardizing body").

C. Standardizing bodies that have accepted or withdrawn from this Code shall notify this fact to the ISO/IEC Information Centre in Geneva. The notification shall include the name and address of the body concerned and the scope of its current and expected standardization activities. The notification may be sent either directly to the ISO/IEC Information Centre, or through the national member body of ISO/IEC or, preferably, through the relevant national member or international affiliate of ISONET, as appropriate.

SUBSTANTIVE PROVISIONS

D. In respect of standards, the standardizing body shall accord treatment to products originating in the territory of any other Member of the WTO no less favourable than that accorded to like products of national origin and to like products originating in any other country.

E. The standardizing body shall ensure that standards are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade.

F. Where international standards exist or their completion is imminent, the standardizing body shall use them, or the relevant parts of them, as a basis for the standards it develops, except where such international standards or relevant parts would be ineffective or inappropriate, for instance, because of an insufficient level of protection or fundamental climatic or geographical factors or fundamental technological problems.

G. With a view to harmonizing standards on as wide a basis as possible, the standardizing body shall, in an appropriate way, play a full part, within the limits of its resources, in the preparation by relevant international standardizing bodies of international standards regarding subject matter for which it either has adopted, or expects to adopt, standards. For standardizing bodies within the territory of a Member, participation in a particular international standardization activity shall, whenever possible, take place through one delegation representing all standardizing bodies in the territory that have adopted, or expect to adopt, standards for the subject matter to which the international standardization activity relates.

H. The standardizing body within the territory of a Member shall make every effort to avoid duplication of, or overlap with, the work of other standardizing bodies in the national territory or with the work of relevant international or regional standardizing bodies. They shall also make every effort to achieve a national consensus on the standards they develop. Likewise the regional standardizing body shall make every effort to avoid duplication of, or overlap with, the work of relevant international standardizing bodies.

I. Wherever appropriate, the standardizing body shall specify standards based on product requirements in terms of performance rather than design or descriptive characteristics.

J. At least once every six months, the standardizing 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


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preceding period. A standard is under preparation from the moment a decision has been taken to develop a standard until that standard 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 national 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 standards taken as a basis. No later than at the time of publication of its work programme, the standardizing body shall notify the existence thereof to the ISO/IEC Information Centre in Geneva.

The notification shall contain 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. 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.

K. The national member of ISO/IEC shall make every effort to become a member of ISONET or to appoint another body to become a member as well as to acquire the most advanced membership type possible for the ISONET member. Other standardizing bodies shall make every effort to associate themselves with the ISONET member.

L. Before adopting a standard, the standardizing body 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 notification shall include, as far as practicable, whether the draft standard deviates from relevant international standards.

M. On the request of any interested party within the territory of a Member of the WTO, the standardizing body shall promptly provide, or arrange to provide, a copy of a draft standard which it has submitted for comments. Any fees charged for this service shall, apart from the real cost of delivery, be the same for foreign 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 shall, if so requested, be replied to as promptly as possible. The reply shall include an explanation 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 within the territory of a Member of the WTO, the standardizing body shall promptly provide, or arrange 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.

Q. The standardizing body shall afford sympathetic consideration to, and adequate opportunity for, consultation regarding representations with respect to the operation of this Code presented by standardizing bodies that have accepted this Code of Good Practice. It shall make an objective effort to solve any complaints.


32 EC-10-178.E

Annex B1: Two-Day Workshop for Training of Trainers on TBT

A. Programme Outline

Day 1

09:00 – 10:00 Opening remarks and welcome to participants

• Introduction by participants • Introduction to workshop (Module 1)



• Introduction to WTO and basic principles of Agreement on TBT (Module 2) − Listing of issues identified by workshop participants

11:30 – 12: 30 Session 2: Technical Requirements


12:30 – 13:30 Lunch

13:30 – 14:30 Session 2: Technical Requirements (Continued)


14:30 – 15:45 Session 3: Conformity Assessment



16:00 – 17:30 Session 3: Conformity Assessment (Continued)



EC-10-178.E 33

Day 2





• TBT and the Environment (Module 6) • Dispute Settlement (Module 7)

12:30 – 13:30 Lunch

13:30 – 15:45 Session 6: Customization of Pack


16:00 – 17:00 Session 6: Customization of Pack (Continued)



EC-10-178.E 34

Annex B1: Two-Day Workshop for Training of Trainers on TBT

B. Evaluation Form

Your valuable feedback will ensure that our events offer cutting-edge information and training. We greatly appreciate your co-operation in completing this form.

Please rate the overall Event Success on a scale of 1 to 4 with 1 Poor and 4 Excellent

Please rate the Speakers’ performance on a scale of 1 to 4 with 1 Poor and 4 Excellent

Speaker A

a.- Knowledge of subject

b. Ability to impart information

c. Willingness to explain and answer questions

Speaker B

a. Knowledge of subject

b. Ability to impart information

c. Willingness to explain and answer questions

Has your understanding of WTO Agreement on TBT improved?


Has your confidence to conduct sector specific workshops/seminars on TBT improved?

How would you value what you have learnt during the training?

How do you rate the administrative support provided during the whole training?


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Additional Comments:

Has your understanding of the WTO Agreement on TBT improved?

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Has your confidence to conduct sector specific workshops/seminars on TBT improved?

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Any other comment or suggestion

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


36 EC-10-178.E

Annex B2: Case Study on C-Products2

C-Products — regulatory concerns of a small business firm in export markets

Summary 1. This case focuses on the barriers that a small company, based in a developing country, is now facing

in its export operations. It covers regulatory measures in foreign markets as well as domestic rules and procedures that limit export performance. The firm in question is Universal Salts Ltd, a privately owned company based in Jordan’s capital Amman. It produces and exports a wide range of natural health and beauty products. The products contain Dead Sea minerals and are marketed under the brand name C-Products. Universal Salts exports its products to numerous countries in Asia, Europe, the Middle East and North America. It has succeeded in achieving international recognition for the reliability and quality of its products; however, the development of its export operations is hampered by certain rules and trade control procedures.

Products and the company profile 2. The Dead Sea is the lowest spot on earth and contains a unique and rich combination of minerals in

concentrations as high as 33%. The salt of the Dead Sea is reputed to have therapeutic value and is widely used as an ingredient for natural health and beauty products. (Queen Cleopatra allegedly enjoyed bathing in Dead Sea waters brought all the way to Egypt)

3. Universal Salts is a small Jordanian company founded in 1988 to produce and market Dead Sea salt and salt-based cosmetics. Its range of natural beauty and health products is sometimes sold in bulk but in most cases it is marketed under the trademark C-Products. The product range has about 10 product categories, including the following:

C-Sal, a natural extract from the Dead Sea, is used to treat certain skin problems and dandruff.

C-Bath combines mineral salts with menthol crystals; it can give natural relief from back pain, stiffness, aching joints and muscles, and foot ache.

C-Mask, a facial mud mask from Dead Sea salts blended with herbs and honey, helps to cleanse and tighten the skin.

Other products include C-Soap, C-Silk (a hand cream), C-Touch (a body lotion), C-Care (a facial cream), C-Wave (a shampoo and conditioner), C-Scrub (an exfoliative scrub) and C-Soft (a shower gel and liquid soap). A new and different kind of soap containing Dead Sea black mud without any fragrance or colour was launched in December 1996 under the brand name C-Plus.

4. The manager and majority owner of Universal Salts is Mr Osama Qutaishat, an experienced pharmacist with a Master’s degree in business administration from an American university and working experience abroad. The company has 28 employees. Its team includes pharmacists, chemical engineers and beauticians. The C-Products line has been formulated following extensive research and development. The firm makes sure that the components used in the production of its cosmetics are among the best available. It imposes strict requirements concerning the quality of the Dead Sea salt it uses in its products, and it purchases other components from major international companies known for their reliability. As it is export-oriented and markets branded goods, Universal Salts strives to achieve management and product quality standards corresponding to those of the developed country markets for cosmetics.

2 This case study is presented with the full permission of the company concerned. The observations made reflect company views of conditions prevailing at the time the case study was carried out. These conditions may have changed since then. Source: International Trade Centre, 2001, International marketing and the trading system, Geneva


EC-10-178.E 37

Exports 5. Close to 95% of Universal Salts’ output is exported to Asia, Europe, the Middle East and North

America. Its major markets are the European Union (Italy, France and Spain), Switzerland, the United States, Canada, Japan and South-East Asia. Most products are shipped in a packaged form, with the exception of bulk exports to Switzerland.

6. Being a small company, Universal Salts is unable to deploy a broad portfolio of international investments and promotion efforts to deal with the diversity of its export markets. The company’s market entry is therefore based on distributors and agents in its major foreign markets. Most distributors of C-Products take title to the goods. For Universal Salts, this lessens risk, facilitates compliance with technical standards as well as sanitary and customs regulations in its export markets and improves cash flow. However, it also weakens control as less is known about the final clients or prices charged. The company wishes to diversify its export markets and is looking for distributors in Eastern Europe and some developing countries.

7. Universal Salts does not practise any marketing pull approach in its export markets, with the possible exception of its Internet website. Marketing pull is too costly a strategy for a small cosmetics company from a developing country. Instead, the company opts for a marketing push approach, promoting its products mainly through participation in international trade fairs, the manager’s involvement in trade missions and partner search among distributors in export markets. For example, Universal Salts participated in a trade fair in Kiev and the range of C-Products was one of the ‘hot’ items of the Jordanian Trade Fair in Beirut in November 1996. In 1998, Mr Qutaishat participated in an extensive tour, which covered Indonesia, Malaysia and Thailand.

8. On the Internet, the firm’s website (http//www.c-products.com) can be consulted to inquire about its current product range and to gain access to the company’s monthly newsletter. The Internet is a particularly effective promotion tool for the United States and Canada. It is not very effective in Europe or in developing countries.

9. Universal Salts also successfully launched its C-Kit at the Queen Alia International Airport’s Duty Free Shop and the offer has become a favourite among travellers.

Barriers to exporting 10. Universal Salts’ ability to initiate and develop export operations is constrained by internal and external

barriers. Internal constraints are intrinsic to the company itself and are associated with the available organizational resources as well as shortcomings in production and marketing.

11. The international experience of the company’s general manager has been instrumental in the company’s export development. Mr Qutaishat is familiar with up-to-date technology in the pharmaceutical industry, which is a particularly well-developed sector in Jordan. Moreover, having completed all his university education out of Jordan and having worked abroad, Mr Qutaishat also has a good knowledge of the international business environment.

12. It is well known that branded goods in the cosmetics markets fetch a significant premium over generic products and Universal Salts therefore opted for exports of branded cosmetics. In order to have value, brands should be associated with the product quality level required to develop the reputation, which is the major rationale for their use. This was what motivated Universal Salts to invest in research and development and in relationship building with foreign distributors.

13. Branded cosmetics need excellent packaging. Indeed, quality is implicit in the presentation of the product and that presentation is usually the package itself. Packaging becomes a promotional tool and design is of major importance. The packaging materials used are often laminated rather than of a single thickness. Lacquering the printing inks gives an impressive sheen and eliminates smell or tainting from these inks. The packaging of cosmetics is what the client sees on the shelf. Whereas the actual sight of, say, a facemask may not appear quite so attractive, the buying public will be drawn by an aesthetic container that represents the product visibly.


38 EC-10-178.E

14. The quality of its packaging was one of the major problems faced by Universal Salts in the early years of its export business. Since the packaging material available in Jordan is not of sufficiently high quality to be used in the demanding market for cosmetics in high-income countries, the company therefore opted to import packaging materials from Italy and Thailand. These imports boosted the symbolic value of C-Products, generating export sales and enabling C-Products to obtain a premium price in foreign markets.

15. Although the tariffs on Universal Salts’ products are not high, export development in certain markets is hampered by a number of regulatory issues. Universal Salts has no difficulty exporting to Western Europe, the United States or Canada. The export business to these areas is stable and predictable and the company’s management has no complaints about market access regulations. Strict testing and certification of the cosmetics is required, but these issues are dealt with by distributors in the countries concerned. Universal Salts follows the distributor’s instructions and thus complies with the law.

16. Japan is an important and difficult market for the company. The Japanese distribution system is vast, with a far greater number of wholesalers and retailers per head than in any other developed economy. The relationships that wholesalers and importers of cosmetics hold with retailers are close and long lasting. Universal Salts finds it of major importance to have a good distributor in Japan. The latter will inform the company on any new market regulations, translate and transmit the necessary specifications, and make sure that shipments pass rapidly through customs. In Japan, technical and sanitary standards are particularly strict but once they are complied with Universal Salts can expect no more problems.

17. Access to markets in South-East Asia is also difficult. For a small business firm like Universal Salts, the only realistic option is to find a local partner – a distributor who is fully aware of the complexities of sanitary regulations as well as customs controls and procedures – and let him or her deal with that aspect of export transactions. Universal Salts has so far succeeded in the Indonesian market and hopes to develop its export trade with Malaysia and Thailand.

18. Universal Salts’ experience in another Asian country has not been very encouraging so far, mainly because of the country’s border controls and certification requirements. The company is subjected to frequent bureaucratic harassment and unexpected requests. The personnel in charge of shipments never know what certificate will be required and what additional documents will be needed to meet health and other standards. There is a general perception among Universal Salts’ managers (and other exporters of pharmaceuticals to this country) that heavy bureaucratic procedures are used intentionally to discourage imports. Nonetheless, the market is important for Universal Salts and its development potential looks good.

19. The former Soviet Union is perceived as another difficult area, especially because of the difficulties of finding reliable business partners and the inconsistent and non-transparent application of trade regulations by customs authorities and certification bodies. Customs officers often do not know what document to ask for. They request one certificate today and another tomorrow for the same type of shipment. Universal Salts’ managers feel, however, that this situation is due far more to confusion, the discretionary powers of officials and rapidly changing legislation than to a deliberate government policy to restrict imports.

20. In a Middle Eastern country export opportunities are limited by the lack of transparency in trade control measures and political considerations that do not necessarily favour imports from Jordan. Over the last eight years or so Universal Salts has attempted to export to this country but never with much success.

21. Businesses in Jordan think that too much discretionary power is vested in the country’s customs authorities and that this situation impedes the flow of exports (German-Arab Chamber of Commerce, 1995). The managers at Universal Salts share the view that export performance is negatively affected by the way the country’s customs operates. Procedures on the whole are considered too bureaucratic. In 1995, in spite of the fact that exports licensing had been officially abolished, some customs officers continued to request licences for export shipments.

22. At one stage, in order to obtain from Jordanian customs the Euro 1 form required to qualify for the EU GSP scheme, the signatures of eight Jordanian customs officers had to be collected, calling for several


EC-10-178.E 39

hours of the company employee’s time. If one of the eight officers had been off duty, the employee would have had to return another day and the shipment would have been delayed.

23. Mr Qutaishat complained about this practice to the high office dealing with such matters. The procedure in question has been modified. Nevertheless, the business community feels that further improvements are needed to facilitate the control of export shipments.

24. Many customs officers are poorly trained and inexperienced. Their attitudes and behaviour are a carry-over from a time when customs duties were high and trade restrictions severe and which had the effect of encouraging alternative trade. In general, customs officers do not trust exporters and their attitude is reflected in their behaviour.

Participants will have to do the following exercises:

Exercise 1

Question 1: Identify all the barriers to trade

Question 2: Which of these barriers are SPS related?

Question 3: Which of these barriers are technical regulations?

Exercise 2:

Question 4: In establishing product specifications, which references should be preferred by the company? State the reasons for the choices made.

Exercise 3:

Question 5: What forms of conformity assessment would be suitable for Universal Salts for improving market access and customer acceptance?

Exercise 4:

Question 6: On what basis should Universal Salts choose its conformity assessment bodies (i.e. test labs, certification bodies)?

Exercise 5:

Question 7: How should Universal Salts obtain information about requirements in its intended markets?

Exercise 6:

Question 8: What strategies can be developed to promote trade? Participants must plan strategies in relation to the supplied information, taking into account the options considered by company management.


40 EC-10-178.E

Annex B3: Answers to Exercises on Case Study on C-Products

Exercise 1: Question 1: Identify all the barriers to trade

Barriers to trade can be identified in each one of the paragraphs from paragraph 16 to paragraph 24, Appendix B3 of this Pack.

Question 2: Which of these barriers are SPS related?

None of these barriers are SPS related as the technical measures related to cosmetics do not fall in any of the four types of measures listed in Annex A of the SPS Agreement (see Slide 20 in the Train-the-Trainer Pack).

Question 3: Which of these barriers are technical regulations?

Barriers due to technical regulations can be definitely identified in paragraphs 16, 17, 18 and 19 of Appendix B2 of this Pack.

One could also argue that the same could apply to paragraphs 20 and 21 if trade control measures include technical requirements and the discretionary power of customs authorities includes the power to ask for conformity assessment certificates.

Exercise 2: Question 4: In establishing its product specifications, which references should be preferred? State the reasons for the choices made

The first point to note in developing product specifications would be to consider the requirements from the customer’s perspective. Since the products are for export the company should obtain and use information from the following sources to develop the specifications:

i. The mandatory regulations for the products in the country of the customer

ii. The voluntary standards in the country of the customer

iii. The customer’s preferences

iv. International standards

The requirements contained in (i) must be incorporated into the specifications to ensure that the product can be sold in a particular market. The incorporation of specifications from other sources would depend on an examination of the actual content and market preference. In many instances international standards are widely accepted even when there are national standards. In some instances there is strong preference for national voluntary standards that have to be considered when developing product specifications. Customer preferences can also be integrated into specifications to improve sales. The requirements in such specifications will often exceed the requirements in standards and regulations.


EC-10-178.E 41

Exercise 3: Question 5: What forms of conformity assessment would be suitable for Universal Salts for improving market access and customer acceptance?

• Conformity assessment options specified in technical regulations and/or as per buyer specifications.

• Test reports accepted by the regulatory body and/or buyers together with ISO 9001 certification to ensure consistency to specifications.

• Consignment inspection (batch inspection).

• In-factory inspection.

The following information is extracted from the ITC publication: “Export Quality Management: An answer book for small and medium-sized exporters” and it is reproduced below for ease of reference.

“Ideally, any technical regulation should clearly set out the conformity assessment requirements that have to be met in order to satisfy the regulator administering the regulation. This is seldom actually the case, leaving the definition of proof to the regulator or, worse, to the supplier, who has to guess what is required. This unsatisfactory state of affairs has been highlighted in the WTO Committee on Technical Barriers to Trade, and it will be the subject to much debate and work in the next few years within the context of the implementation of the TBT Agreement.

In the meantime, exporters have to make the best of what is available. In the first instance, it is important to find out from official sources in your target market who is the regulator. The national WTO enquiry point would be the most obvious source of this information.

Regulators would generally have a clear idea of the conformity assessment requirements for complying with regulations. It is up to the exporter to make sure that the requisite information is given to them. The following methods are generally used:

• Testing by independent or government recognized laboratories;

• Product certification from certification organizations acceptable to the regulator;

• Quality system certification from certification organizations acceptable to the regulator;

• Homologation (a specific conformity assurance system used for example in the automotive

industry) through governmental mechanisms or regulators;

• Consignment inspection by either governmental or acceptable third-party organizations; and

• Supplier’s declaration of conformity.

The supplier's declaration of conformity is the most trade-friendly approach, but it can be used only in markets that have a well-developed legal framework for product liability, clearly articulated sanctions for non-compliance, and effective market surveillance mechanisms.

The acceptability of test reports, product certification, quality system certification and homologation can be a major hurdle to negotiate. Questions that need to be clearly answered include:

• Exactly what information does the regulator require?

• Which laboratories are acceptable to the regulator?

• Which certification organization is acceptable to the regulator?

• In which language should the results be presented?

• Is inspection by the regulator or its agent required and, if so, who is the agent?

• Will the goods be kept in bond for inspection and certification before they can be released in the

market?

• Can the goods be inspected and approved before shipment, in the factory, and if so by whom?


42 EC-10-178.E

• What are the fees, charges, levies or other expenses payable for approvals?

Exporters have to make sure that the requirements are clearly set out and then met in order to prevent costly mistakes from being made and time from being wasted.”

Exercise 4: Question 6: On what basis should Universal Salts choose its conformity assessment bodies (i.e. test labs, certification bodies)?

Information about the acceptance of conformity assessment certificates is available in the ITC Export Quality Bulletin No.77, Overview of Conformity Assessment in International Trade. The bulletin is downloadable from the ITC website at www.intracen.org/eqm.

Exercise 5: Question 7: How should Universal Salts obtain information about requirements in its intended markets?

The methodology for obtaining information about technical requirements is described in the ITC Export Quality Bulletin No.72, Information Retrieval on Standards, Technical Regulations and Conformity Assessment Procedures. The bulletin is downloadable from the ITC website at www.intracen.org/eqm.

Question 8: What strategies can be developed to promote trade? Participants must plan strategies in relation to the supplied information, taking into account the options considered by company management

Strategies to be employed by the company The biggest problem of the company is its dependence on foreign distributors, e.g.: "Strict testing and certification of cosmetics is required, but these issues were dealt with by distributors in the countries concerned. Universal Salts follows the distributor’s instruction and thus complies with the law" (see in paragraph 15, Appendix B2 of this Pack).

It seems that the company is being managed by the distributors (who largely took ownership of the products exported to them) instead of the other way round. Is the correct information being carried over to the company? Is the quality of the delivered product still the same after the distributors have delivered the products to the retailers? These problems can in all cases be overcome by acting independently of the distributors. All the necessary information on standards, conformity requirements, product certifications and technical regulations can be obtained from the relevant National Enquiry Points. Conforming to the requirements will remain the responsibility of the Company, but at least it will have direct information on these requirements, and also have a better idea of what customs requirements it will have to meet. Appointing an agent or employee in the foreign importing country will also make the Company less dependent on the distributors, as the agent or employee would be able to act in the interest of the Company by keeping an eye on shipment deliveries, customs problems, and the prices and quality of the products as they appear on the markets.

It will be in the interest of the company to initiate the formation of business associations, if not already in existence, and advisory committees, which could advise Government on the problems, experienced in its own customs situation, and TBT problems experienced elsewhere. It should encourage Government to enter into bilateral discussions or negotiations with the countries to solve problems that are being


EC-10-178.E 43

experienced, and also to enter into mutual agreements with them regarding trade and conformity assessment issues. This will of course depend on the volume and value of trade.

Standards use during trade negotiations is another important aspect. Although it can be concluded that company standards exist, no mention is made of international standards. Are international standards available? If yes, do the company's products comply with their requirements? If no such standards exist, the Company must approach the local NSB to propose such standards to the relevant ISSO (depending on the volume and value of the product being traded worldwide), and ensure that it participates in the development of the new standards. Eventually, make use of the international standards during trade negotiations.

Example of a strategy to promote trade The company should undertake the strategic initiatives to ensure that:

• The product is of the right quality and specifications • There is an effective marketing of the product • There is a customer feedback and market information system • There is an effective plan to assure quality

This can be achieved through the following initiatives:

i. Develop products to meet the requirements of customers ii. Establish appropriate product specifications iii. Establish a marketing and product promotion programme iv. Expand market by selecting and appointing qualified distributors v. Conduct market surveys and obtain customer feedback directly and through distributors. Take note

of their comments and recommendations vi. Develop and distribute product information and promotional literature, advertise in the media,

participate in trade fairs and vii. Establish a testing laboratory and obtain independent certification to ISO 9001


44 EC-10-178.E

Annex B4: Case Study on Dispute Settlement

http://www.astm.org/cgibin/SoftCart.exe/SNEWS/JANUARY_2004/schondob_jan04.html?E+mystore Reprinted with permission, from ASTM Standardization News, Vol. 31, No. 1, copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, United States of America.

Using International Standards: A Wake-Up Call to Regulators? by Raymond Schonfeld and John Dobinson

For the first time, the World Trade Organization’s Technical Barriers to Trade (WTO/TBT) Agreement has been used to force a WTO member government to change a technical regulation in force, in order to incorporate the provisions of a relevant international standard. The implications of the case are immense and, although the standard does not concern industrial products, the case is directly relevant to all international standards bodies.

The Essence of the Case The case concerns an international standard for the classification of sardines, which the European Union refused to recognize in an EU technical regulation.

The issue was whether one variety of fish – sardinops sagax to specialists – should be classified as a sardine. In a 1989 regulation, the EU answered “no,” and limited the use of the word sardine to one species (Sardina pilchardus Walbaum) found closer to Europe. Sardinops sagax, found in various waters, and notably (in this case) off the coast of Peru, could therefore not be sold in the EU as a sardine.

In the mid-1990s, the international standards body Codex Alimentarius, in a new international standard, said “yes,” that sardinops sagax could be described as a sardine.

Following the adoption of the standard, the government of Peru asked the EU to change its regulation accordingly. The EU refused.

Peru believed that this was an unjustified restriction on trade and that Peruvian export prospects were harmed by the refusal to classify their fish as sardines, and therefore applied the process specified in the WTO agreements to pursue its case. In May 2001, the government of Peru formally requested consultation under WTO dispute settlement rules. After the consultation failed, Peru requested the establishment of a panel to examine the EU regulation, claiming that it violated the TBT Agreement. Peru then won its case at both levels in the WTO system (with the Dispute Settlement Panel and the Appellate Body).

Early in 2003, the EU accepted the judgment and agreed to modify the regulation in question, to apply the specification in the Codex standard. It then published an amended regulation. Peru has yet to comment publicly on it.

Wider Relevance? Many of the arguments in the case are relevant far beyond the borders of the food sector. The case offers a precedent for using WTO procedures – the nearest thing to a global court in this area – to impose the use of international standards in national regulations.

Perhaps most important is the confirmation that the WTO has the power and process to determine whether an international standard is an effective and appropriate means of achieving a regulatory objective. If the answer is yes, regulators can be required not only to take account of international standards (i.e., to

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consider them, as the EU claimed to do in this case), but actually to use them – and even to modify regulations that pre-dated the WTO to bring them into line. And the judgement, while explicitly endorsing Codex standards as valid for that purpose, implicitly confirms that other international standards bodies named in the TBT or Sanitary and Phytosanitary Measures Agreements are covered also. The risk of legal battles in the WTO is likely to force regulators to take international standards more seriously and, if they wish to get around them, to make sure that their reasons are transparent and justifiable under WTO rules.

Several more detailed issues are also potentially relevant as precedents:

• When is a standard effective and appropriate? — Since there were no issues regarding health, safety or the environment in the case, treatment of this question was limited. But the WTO panel did state that the protection of consumer expectations is a legitimate objective and ruled that the Codex standard met it. It ruled against the EU specification, on the grounds that, if a regulation itself has created the consumer expectations in question, it is not enough to claim – as the EU tried to do – that the regulation must be maintained in order to maintain the protection.

• The burden of proof — A party seeking to impose the use of an international standard in a regulation must demonstrate that the standard is an effective and appropriate means of fulfilling the regulation’s legitimate objectives.

• The basis for regulation — If a government claims that it has used an international standard as a basis for its regulation, as required by the TBT Agreement, it is not enough for the government simply to claim that it has read the standard if it has discarded a specific and relevant provision.

• Retrospective effect — The requirement to use standards as a basis for regulations can be applied to any regulations in force today, regardless of when they were adopted.

• Which international standards may be imposed? — The case confirms that the Codex Alimentarius is an international standards body within the meaning of the TBT Agreement. A number of bodies would also certainly meet that definition.

The importance of those aspects is likely to outweigh the fact that the case leaves a number of important issues largely untouched. For example, it does not rule on whether any other standardization bodies, other than those named in WTO Agreements, may have their standards classed as “international.” It stipulates only that, to be recognized under the WTO agreements, a standards body must make its membership open to all WTO members, and confirms that Codex meets that criterion. So, certainly, would ISO and IEC, but would any others? The judgement does not say.

What Will Happen Next? Time can move slowly in international organizations, and it may take time for vigorous debate to start. Even then, entrenched positions are likely to be repeated – just as they were in this case. And – again, just as they were in this case – some of those positions will be struck down if greater efforts are not made to reconcile disagreements about which standards qualify as international standards, and about the circumstances in which they should be used.

But equally important will be the need to broaden debate. While this case represents an important first step for the WTO in using international standards to eliminate technical barriers, it is just that – a first step – and no more. The question “whose standards can be classed as international?” is only one of the outstanding issues. Others that remain to be tackled include:

• Issues where there is room for genuine disagreement on regulatory objectives — Standards that cover health, safety, and environmental issues are particularly sensitive, because countries may require different levels of protection. While the WTO Agreement explicitly allows for some such differences, it does not cover all possible cases. Electromagnetic disturbance is a case in point: one country may decide to regulate the issue by focusing on electromagnetic emissions rather than immunity, and impose lower levels


46 EC-10-178.E

of emissions (i.e., tighter standards) than international standards, which assume that immunity standards will also be applied. Is a resulting failure to apply looser emission standards legitimate?

• The need for technological neutrality in the standards themselves — Many standards are neutral, such as many core standards specifying test criteria and measurement methods. But not all are. In this case, it is not entirely wrong to say that the WTO ruling in effect imposed a technologically neutral international sardine standard. The Codex standard, unlike the EU regulation, does indeed leave the door open to several different sardine technological constructions (or species, in this case). But it would be stretching reason to say that the example of a “technologically neutral sardine” will automatically be applied to manufactured goods. What will happen to international standards that are themselves not technologically neutral? Nobody has the answer yet.

Even if definitive answers are lacking, there is much good work going on that can provide a base for developing best practices. Some examples:

• The EU itself, despite losing this specific case, has a successful track record of using harmonized standards (in the EU case, these are either regional or global) in its regulations, to eliminate barriers within its own borders. For an example, see the EU material on its New Approach to technical regulation, of which an overview appears on

http://europa.eu.int/ comm/enterprise/regulation/index.htm.

• The Organization for Economic Cooperation and Development has produced valuable analysis to identify the conditions that must be met if international standards are to be more widely used in regulation. For an example, see the most recent OECD report in this area, which used the telecommunications sector as a case example for in-depth study. It is available at www.olis.oecd.org/olis/2001doc.nsf/LinkTo/td-tc-wp(2001)11-final.

• The United States, and Japan and their Asia-Pacific Economic Cooperation partners have produced guidance to good regulatory practice in technical regulation, which includes guidance on standards. For an example, see APEC’s Information Notes on Good Practice for Technical Regulation, available at http://www.apecsec.org.sg/apec/ministerial_statements/annual_ministerial/ the_12th_apec_ministerial.downloadlinks.0004.LinkURL.Download.ver5.1.9 .

• The United Nations Economic Commission for Europe has produced its own recommendation against broadly similar objectives. For an example, see UNECE Recommendation L at www.unece.org/trade/tips/docs/wp6_01/model-17r4e.doc.

None of these initiatives, however, has achieved enough global consensus to forestall disputes in the WTO. The WTO itself, in its Third Triennial Review of the TBT Agreement last November, acknowledged the importance of efforts to identify and apply best practice in the use of international standards in regulation, but offeredno specific solutions. Only one thing is clear: that the slower the world moves to more detailed agreements on how and when to apply international standards, the busier the WTO dispute settlement system can expect to be.

Reference

1 The full text of the rulings reviewed in this article are available on a WTO Web page, by searching under “Peru complaint.”

Copyright 2004, ASTM International

http://www.olis.oecd.org/olis/2001doc.nsf/LinkTo/td-tc-wp(2001)11-final

http://www.olis.oecd.org/olis/2001doc.nsf/LinkTo/td-tc-wp(2001)11-final

http://www.apecsec.org.sg/apec/ministerial_statements/annual_ministerial/

http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm


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Annex B5: Information Resources - Websites

Codex Alimentarius Commission http://www.codexalimentarius.net

International Electrotechnical Commission (IEC) http://www.iec.ch

International Laboratory Accreditation Cooperation (ILAC) http://www.ilac.org

International Organization of Legal Metrology (OIML) http://www.oiml.org

International Organization for Standardization (ISO) http://www.iso.org

International Telecommunication Union (ITU) http://www.itu.int International Trade Centre (ITC) http://www.intracen.org

International Accreditation Forum, Inc. (IAF) http://www.iaf.nu

Organization for Economic Co-Operation and Development (OECD) http://www.oecd.org

United Nations Conference on Trade and Development (UNCTAD) http://www.unctad.org

World Bank (WB) http://www.worldbank.org

World Standards Services Network (WSSN) http://www.wssn.net

World Trade Organization (WTO) http://www.wto.org

The ITC Export Quality Management webpage is accessible at http://www.intracen.org/eqm

The ITC Business and Trade Policy webpage is accessible at http://www.intracen.org/btp/

The WTO webpage on the WTO Agreement on TBT is accessible at

http://www.wto.org/english/tratop_e/tbt_e/tbt_e.htm

http://www.codexalimentarius.net/

http://www.iec.ch/

http://www.ilac.org/

http://www.oiml.org/

http://www.iso.org/

http://www.itu.int/

http://www.iaf.nu/

http://www.wssn.net/

http://www.wto.org/

http://www.intracen.org/eqm


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Annex C1: Survey Questionnaire on TBT Issues

Contact details of the company

Company Name

Address

City

Telephone

Email

Contact Person

Company Profile

Background

Product(s)

Ratio of export vs. Production

Major Countries of export

Technical information/assistance availability Yes No

Sources of information in country known

Information generally given by the buyers

Aware of WTO/TBT requirements

Aware of TBT Enquiry Point in the country

Aware of availability of information from WTO web site

Information from NSB and other sources available

Information available from trade chambers/associations

Sources of information in the country known

Information generally given by the buyers

Aware of WTO/TBT requirements

For “No” answer in the above section, comments of the respondents, if useful, may be recorded below:

Sl. No.

Comments


EC-10-178.E 49

Inspection & Testing service/facilities Yes No

Generally use in-house inspection & testing facilities

Inspection & testing performed by the buyer’s appointed agents

Use private testing laboratories

Use governmental/NSB testing laboratories

Get the product tested from foreign testing laboratories

Product Certification Yes No

Demanded by the buyers

Foreign certification expected by the buyers

NSB certification mark obtained & found useful for export

ISO 9000 Certification Yes No

Known


Obtained & found useful

ISO 14000 EMS Certification Yes No

Known



Difficult to qualify

Social & Human issues Yes No

SA 8000 Social Accountability Certification

Known

Product specification requirements

Buyer’s requirements Yes No

Clearly defined

Defined but difficult to meet

Demand on social & human issues high

Regulatory requirements of the importing countries are known

Regulatory requirements of importing countries known but difficult to meet


50 EC-10-174.E

Social & Human issues Yes No




WRAP(Worldwide Responsible Apparel Production) Certification

* for garments sector only

Known




Technical problems/barriers faced Yes No

Buyer’s technical specifications were difficult to understand

Criteria for technical evaluation of the production facilities given by the buyer were difficult to implement.

Importing country’s technical regulations were difficult to obtain

Domestic technical regulations were difficult to obtain

Foreign accredited laboratories were not available

Test reports were not acceptable to the buyers

Re-testing of the product was done in the importing country before acceptance of products

For “No” answer in the above section, comments of the respondents, if useful may be recorded below:

Sl. No.

Comments

Other Issues


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Annex C2: One-day Sector/Country Workshop on TBT

Venue, Date

A. PROGRAMME OUTLINE

08:00 – 09:00 Registration and administration

09:00 – 09:30 Opening Ceremony

• Opening remarks and welcome to participants • Introduction by participants • Introduction to workshop (Module 1)


• Introduction to WTO and basic principles of Agreement on TBT (Module 2) − Listing of issues identified by workshop participants


10:45 – 12:00 Session 2: Technical Requirements


12:00 – 13:00 Lunch

13:00– 15:30 Session3: Conformity Assessment






• TBT and the Environment (Module 6) • Dispute Settlement (Module 7)



52 EC-10-174.E

Annex C2: One-day Sector/Country Workshop on TBT

B. WORKSHOP EVALUATION FORM

Venue, Date

Your valuable feedback will ensure that our events offer cutting-edge information and training. We greatly appreciate your co-operation in completing this form. Please tick as appropriate

Overall Event Success Excellent

(4)

Good

(3)

Fair

(2)

Poor

(1)

What is your overall evaluation of the workshop?


Has your understanding about potential benefits associated with the implementation of the WTO Agreement on TBT to the business community improved?

How would you value what you have learnt during the workshop for practical implementation in your corporate strategies and operations?

How would you describe the level of dialogue between participants?

Customer Service/Administration Excellent

(4)

Good

(3)

Fair

(2)

Poor

(1)

How do you rate the management and organization of this workshop?


EC-10-178.E 53

The speakers Excellent

(4)

Good

(3)

Fair

(2)

Poor

(1)

Please evaluate the speakers’ performance

Speaker A

Speaker B

Please evaluate the usefulness/quality of each of the workshop sessions

Excellent

(4)

Good

(3)

Fair

(2)

Poor

(1)

Introduction to workshop and presentation of participants (Module1)

Session 1: The WTO and the Principles of the Agreement on the TBT

o Introduction to WTO and basic principles of the WTO Agreement on TBT (Module 2)

Session 2: Technical Regulations

o Standards and Technical Regulations (Module 3)

Session 3: Conformity Assessment

o Conformity assessment (Module 4)

Session 4: Information Retrieval and information Dissemination

o Role of National Enquiry Point and Role of Business in Information Exchange (Module 5)

Session 5: Miscellaneous Issues

o TBT and the Environment (Module 6) o Dispute Settlement (Module 7)


54 EC-10-174.E

Please value the usefulness/quality of the following materials

Excellent

(4)

Good

(3)

Fair

(2)

Poor

(1)

Handouts

Additional Documentation


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wto agreement on technical barriers to trade: a business …

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