Second triennial review of the operation and implementation of the agreement on technical barriers to trade I. Introduction




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E.coherence


12. In order to avoid the development of conflicting international standards, it is important that international standardizing bodies avoid duplication of, or overlap with, the work of other international standardizing bodies. In this respect, cooperation and coordination with other relevant international bodies is essential.

    1. development dimension


13. Constraints on developing countries, in particular, to effectively participate in standards development, should be taken into consideration in the standards development process. Tangible ways of facilitating developing countries participation in international standards development should be sought. The impartiality and openness of any international standardization process requires that developing countries are not excluded de facto from the process. With respect to improving participation by developing countries, it may be appropriate to use technical assistance, in line with Article 11 of the TBT Agreement. Provisions for capacity building and technical assistance within international standardizing bodies are important in this context.


ANNEX 5
INDICATIVE LIST OF APPROACHES TO FACILITATE ACCEPTANCE OF

THE RESULTS OF CONFORMITY ASSESSMENT


a. mutual recognition agreements (MRAs) for conformity assessment to specific regulations


1. Governments may enter into agreements which will result in the acceptance of the results of conformity assessment originating in the territory of either party.

B. Co-operative (voluntary) Arrangements between Domestic and Foreign Conformity Assessment Bodies


2. This includes arrangements among accreditation bodies as well as arrangements between individual laboratories, between certification bodies, and between inspection bodies. Such arrangements have been common for many years and have been developed for the commercial advantage of the participants. Some of these agreements have been recognized by governments from time to time as the basis for acceptance of test results and certification activities in the mandatory sector.
C. The use of Accreditation to qualify Conformity Assessment bodies
3. Accreditation bodies have been working towards harmonization of international practices for accreditation of conformity assessment bodies. This has resulted in the development of global networks to facilitate recognition and acceptance of results of conformity assessment. These networks take the form of multilateral recognition agreements or arrangements (MLAs) whereby each participant undertakes to recognize the accreditation granted or certificates issued by any other party to the agreement or arrangement as being equivalent to that granted by itself and to promote that equivalence throughout its territory of operation. There are international standards and guides for such arrangements.

D. Government Designation


4. Governments may designate specific conformity assessment bodies, including bodies located outside their territories, to undertake conformity assessment.

E. unilateral recognition of results of foreign conformity assessment


5. A government may unilaterally recognize the results of foreign conformity assessment procedures. In this it may be guided by Article 6.1 of the TBT Agreement. The conformity assessment body may be accredited abroad under recognized regional or international accreditation systems. In the absence of accreditation, the conformity assessment body may prove its competence by other means. On the basis of equivalent competence of the conformity assessment body, foreign test reports and certificates are recognized unilaterally.

F. Manufacturer’s / Supplier’s Declarations


6. A manufacturer's/supplier’s declaration of conformity is a procedure by which a supplier (as defined in ISO/IEC Guide 22:1996, a supplier is the party that supplies the product, process or service and may be a manufacturer, distributor, importer, assembler, service organization, etc.) provides written assurance of conformity to the specified requirements. The declaration identifies the party responsible for making the declaration of conformity and for the conformity of the product/process/service itself. Under this approach, the manufacturer/supplier, rather than the regulatory authority, takes on the responsibility for ensuring that products entering a market comply with the mandatory technical regulations. Assessment may be undertaken either by the suppliers own internal test facility or by an independent test facility.
7. This system is often predicated on:
- adequate market surveillance;

- substantial penalties for false or misleading declarations;

- an appropriate regulatory environment; and

- an appropriate product liability regime.


Annex 6
Working documents submitted by members and prepared by the secretariat in relation to the second triennial review


Symbol

Date Issued

Title of Document

G/TBT/W/60

9 March 1998

Environmental Labels and Market Access: Case Study on the Colombian Flower-Growing Industry – Contribution from Colombia

G/TBT/W/61

11 March 1998

Forests: A National Experience – Contribution from Canada

G/TBT/W/63

7 April 1998

Conformity Assessment Procedures: Supplier's Declaration of Conformity – Contribution from the United States

G/TBT/W/64

2 April 1998

Transparency in International Standards Development – Contribution from the United States

G/TBT/W/70

23 June 1998

ISO/IEC Guides on Conformity Assessment - Note from the European Communities

G/TBT/W/71

24 June 1998

National Experiences with Technical Regulations – Contribution from Canada

G/TBT/W/72 and Rev.1

24 June 1998

29 September 1999



A List of Relevant International Guides and Recommendations Related to Conformity Assessment Procedures - Note by the Secretariat

G/TBT/W/74, and Add.1

30 June 1998

10 August 1998



TBT Agreement Code of Good Practice,

Paragraph J: Publication of the Work Programmes of Standardizing Bodies - Note from the European Communities



G/TBT/W/75 and Rev.1

30 June 1998

17 June 2000



Transparency in International Standards - Draft U.S. Proposal for a Decision – Contribution from the U.S.

G/TBT/W/76 and Add.1

13 July 1998

1 October 1998



A List of Members whose Local Government Bodies, directly below the Central Government Level, are Authorized to Adopt Technical Regulations or Conformity Assessment Procedures - Note by the Secretariat

G/TBT/W/79

3 September 1998

Autonomous Recognition of the Results of Foreign Conformity Assessments – Communication from Switzerland

G/TBT/W/80

9 September 1998

Information Exchange in Relation to the Preparation, Adoption and Application of Technical Regulations – Contribution from Thailand

G/TBT/W/81

9 September 1998

Information Exchange in Relation to the use of International Standards, Guides and Recommendations – Contribution from Thailand

G/TBT/W/82

14 September 1998

Information Exchange in Relation to the Acceptance, Implementation and Operation of the Code of Good Practice for the Preparation, Adoption and Application of Standards by Standardizing Bodies – Contribution from Thailand

G/TBT/W/83

14 September 1998

Information Exchange on the Implementation of Article 2.7 relating to Equivalency of Technical Regulation – Contribution from Thailand

G/TBT/W/84

9 September 1998

Information Exchange in Relation to the Operation and Implementation of Notification Procedures under Articles 2, 3, 5 and 7 – Contribution from Thailand

G/TBT/W/85

9 September 1998

Information Exchange in Relation to Members' Experience in the Various Types of Conformity Assessment Procedures – Contribution from Thailand

G/TBT/W/87 and Rev.1


14 September 1998

30 September 1999



The Conditions for Acceptance and Use of International Standards in the Context of the TBT Agreement – Note from the European Community

G/TBT/W/88

15 September 1998

Equivalency of Standards: An Interim Measure to Facilitate Trade in the Absence of Relevant International Standards – Note from New Zealand

G/TBT/W/93

24 September 1998

India's Experience on TBT Notification System and Procedures for Information Exchange – Contribution from India

G/TBT/W/99

17 November 1998

National Experiences with Standards and Technical Regulations – Contribution by Australia

G/TBT/W/103

25 January 1999

Technical Barriers to the Market Access of Developing Countries Background - Note by the Secretariat

G/TBT/W/110

8 June 1999

Code of Good Practice for the Preparation, Adoption and Application of Standards by Standardizing Bodies – Note from Thailand


G/TBT/W/111

8 June 1999

Conformity Assessment Procedures - Note from Thailand

G/TBT/W/112/Rev.1

11 June 1999

Equivalency of Technical Regulations and Standards – Note from Thailand

G/TBT/W/113

15 June 1999

Issues concerning International Standards and International Standardization bodies - Submission from Japan

G/TBT/W/118

14 September 1999

Code of Good Practice for the Accreditation

of conformity assessment bodies – Contribution from Australia



G/TBT/W/121 and Corr.1

7 October 1999

9 December 1999



Amendment of the TBT Agreement - Proposal by Japan

G/TBT/W/124

22 December 1999

Implementation of Article 10.6 of the Agreement

on Technical Barriers to Trade – Note by the Secretariat



G/TBT/W/132

29 March 2000

Factual Comparison between the Annex 3 of the WTO/TBT Agreement - Code of Good Practice for the Preparation, Adoption and Application of Standards and the ISO/IEC Guide 59 – Code of Good Practice for Standardization – Note by the Secretariat

G/TBT/W/133

11 April 2000

Second Triennial Review of the Operation and Implementation of the Agreement on Technical Barriers to Trade - Note from the European Community

G/TBT/W/136

19 June 2000

Implementation of the Transparency Obligations of the Agreement on Technical Barriers to Trade

(as of 15 June 2000) - Note by the Secretariat



G/TBT/W/138

28 July 2000

Good Practice for the Acceptance of Results of

Conformity Assessment - Second Triennial Review of the Agreement – Contribution from Australia



G/TBT/W/139

28 July 2000

Second Triennial Review of the Agreement

International Standards – Contribution by Australia



G/TBT/W/140

28 July 2000

Brazilian Proposals to the Second Triennial Review of the Agreement on Technical Barriers to Trade – Contribution from Brazil

G/TBT/W/142

4 August 2000

Results of the Workshop on Trade Facilitation,

Regulations and Standards: the Development

Challenge in Central America - Communication from Panama


G/TBT/W/143

22 September 2000

Second Triennial Review of the Operation and Implementation of the Agreement on Technical Barriers to Trade - Note from Canada


G/TBT/W/144

2 October 2000

Issues concerning International Standards - Submission by Japan

G/TBT/W/145

3 October 2000

Equivalency of Standards: a Clarification of New Zealand’s Proposal for Recognition of Equivalency as an Interim Measure in the Absence of Relevant International Standards – Communication from New Zealand

G/TBT/W/146

3 October 2000

Technical Assistance – Communication from Cameroon

G/TBT/W/147

3 October 2000

Issues concerning Conformity Assessment – Communication from Japan

G/TBT/W/148

1 November 2000

Equivalency - Experience Paper – Toys and Children's Products Safety Ordinance – Communication from Hong Kong, China


G/TBT/W/149

1 November 2000

Principles of coherence and singularity to be observed by international standardizing bodies -

Contribution from the European Communities




G/TBT/W/150

2 November 2000

Labelling - Submission from the European Communities

G/TBT/W/151

7 November 20000

Brazilian Proposal on Technical Cooperation for the Second Triennial Review of the WTO Agreement on Technical Barriers to Trade – Submission from Brazil



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 Changes to Decisions and Recommendations contained in G/TBT/1/Rev.6 are highlighted.

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