GENERAL AGREEMENT ON RESTRICTED TBT/34 Committee on … · 2011-06-16 · Pakistan Philippines...

GENERAL AGREEMENT ON RESTRICTED

TBT/34 2 October 1992

TARIFFS A N D T R A D E Special Distribution

Committee on Technical Barriers to Trade

THIRTEENTH ANNUAL REVIEW OF THE IMPLEMENTATION AND OPERATION OF THE AGREEMENT

Background Document by the Secretariat

The Committee will hold its thirteenth annual review under Article 15.8 of the Agreement at its meeting on 19 October 1992. This document contains information on developments in the implementation and operation of the Agreement during the period from 12 October 1991 to 25 September 1992. Information covered by the previous review was circulated in document TBT/33. Data on review items relating to the consultation points, the panelists and the information exchange have been circulated in separate documents referred to under those headings.

The contents of this document are as follows:

Page

1. Composition of the Committee 3

2. Implementation and administration 4

2.1 General 4

2.2 Consultation points 6

2.3 Panelists 6

3. Notifications 7

3.1 General 7

3.2 Comment period 8

3.2.1 Length of time actually allowed for

presentation of comments 8

4. Technical assistance and special and differential treatment 10

5. Dispute settlement 10

92-1364

TBT/34

6. Acceptance, accession and reservations 10

7. The use of international standards; participation in regional standardizing bodies or international and regional certification systems 10

8. Transparency 10

8.1 Publications 10

8.2 Information exchange 10

8.3 Enquiries and responses 10

9. Testing procedures and acceptance of test results 22

' >

' >

TBT/34

COMPOSITION OF THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE

Chairman: Mr. A. Macey (New Zealand) Mr. D. Shark (United States) until April 1992 Mr. J. A. Clarke (Hong Kong) from April 1992

Vice-Chairman: Mr. C. Cozendey (Brazil) from April 1992

Signatories

Argentina Australia Austria Belgium Brazil Canada Chile Czech and Slovak Federal Republic Denmark Egypt European Economic Community Finland France Germany Greece Hong Kong Hungary India Ireland Israel Italy

Japan Korea, Rep. of Luxembourg Mexico Netherlands New Zealand Norway Pakistan Philippines Portugal Romania Rwanda Singapore Spain Sweden Switzerland Tunisia United Kingdom United States Yugoslavia

Observers

1. Governments:

Bangladesh Gabon Bulgaria Ghana China, People's Indonesia Republic of Malaysia

Colombia Malta Côte d'Ivoire Nicaragua Cuba Nigeria Ecuador Peru

Poland Russian Fede ra t ion Senegal S r i Lanka Tanzania Thai land Tr in idad and Tobago Turkey Zai re

2 . I n t e r n a t i o n a l Organ iza t ions

IMF, UNCTAD, ITC(UNCTAD/GATT), ISO, IEC, FAO/WHO Codex Al imenta r ius Commission, IOE

Signed (acceptance pending)

For procedures relating to the participation of observers, and 5 and Annex.

see TBT/M/2, paragraphs 4

TBT/34

2. IMPLEMENTATION AND ADMINISTRATION

2.1 GENERAL

The following legislative, regulatory and administrative actions have been taken by parties since 12 October 1991 to implement the provisions of the Agreement.

Australia

The Government of Australia has accepted the Agreement on Technical Barriers to Trade which entered into force on 1 March 1992. In accordance with Article 15.7 of the Agreement Australia has submitted to the GATT Secretariat details of the measures in respect of the implementation of the Agreement (TBT/l/Add.37). As stated by the representative of Australia during the forty-third meeting (TBT/M/42), the major concerns of his Government had been that, as a federation, many technical regulations and standards were not carried out at the federal level. However, Australia had now put into place administrative arrangements to ensure it could meet its obligations under the Agreement.

Details of the measures

1. Actions taken to implement the Agreement

The Australian Government has taken the following administrative measures to implement the Agreement:

Federal government: All relevant Departments and agencies have received a copy of the Agreement and comprehensive guidelines which explain what is required of those Departments and agencies in order to effect the terms of the Agreement as well as how the Agreement operates.

Local government: The Australian Government has consulted extensively with the State and Territory Governments of Australia to ensure that they can fully assist Australia in fulfilling its obligations under the Agreement, which includes concluding an Agreement on Standards, Accreditation and Quality with the State and Territory Governments, establishing contact points with the State and Territory Governments, and arranging for an officer of the Department of Foreign Affairs and Trade to visit State and Territory Governments in order to explain how the Agreement operates and how the Commonwealth expects local governments to help discharge Australia's obligations under the Agreement.

Non-governmental organizations: Memorandums of understanding have been signed by the Commonwealth of Australia with The Standards Association of Australia (Standards Australia) and The National Association of Testing Authorities (NATA) which commit them to ensure that their practices are in harmony with, and supportive of, the relevant Articles of the Agreement.

TBT/34

2. Publications and comment periods

Federal government: Generally, notices of technical regulations, standards and certification systems proposed or finally adopted by the Australian Commonwealth are published in the Commonwealth of Australia Gazette (Commonwealth Gazette), except on the subjects of consumer standards, drugs and poisons, food, legal metrology, maritime regulations, motor vehicles, quarantine, radiocommunications and telecommunications. Comment periods vary widely, although sixty days is a common period for many measures.

Local government: Generally, notices of State or Territory government technical regulations, standards or certification systems are published in the relevant State or Territory government gazette. Comment periods vary but the Commonwealth has recommended to State and Territory Governments that they adopt a period of sixty days as a general rule.

Non-governmental organizations: Standards Australia publishes notices of proposed non-government standards and rules of certification systems in "the Australian Standard" the journal of Standards Australia. Two months is the normal comment period for standards and rules of certification systems proposed by the Standards Australia. The NATA publish notices of proposed non-government standards or rules of certification systems in "NATA News". NATA does not have a formal public review period but its regulations and criteria are derived from international documents.

3. Enquiry point (Article 10 of the Agreement)

The Department of Foreign Affairs and Trade has been established as the enquiry point and is fully operational.

Czech and Slovak Federal Republic

The GATT enquiry point passes the notification to the Federal Ministry of Foreign Trade which sends them to the GATT Secretariat. It also fulfils the requests on sending notified documents. All regulations in the CSFR are available only in the national languages. The enquiry point gathers notifications of other signatories of the Agreement and passes them for information to relevant ministries and publishes them in an abbreviated form in two periodicals.

Hong Kong

The number of Hong Kong ordinances relevant to the implementation and administration of the Agreement has increased from thirteen to fourteen as the Air Pollution Control Ordinance enforced by the Director of Environmental Protection has been made. This information supplements that contained in TBT/10 and Corrs.2 and 3 and Suppl.l, TBT/28 and TBT/29.

TBT/34

2.2 CONSULTATION POINTS

Up-to-date information is contained in document TBT/W/62/Rev.l and Corrs. 1-4.

2.3 PANELISTS

Up-to-date information is contained in document TBT/W/25/Rev.l2.

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7BT/34

3. NOTIFICATIONS

3.1 GENERAL

From 1 January 1980 to 25 September 1992, 3329 notifications have been made by thirty-one Parties. The table on page 5 of TBT/33 contains the total number of notifications made by each Party from 1980 to 1990. The relevant data for 1991 and 1992 (up to 25 September) are given below.

Parties

Argentina* Australia Austria Belgium Brazil Canada Chile Czech and Slovak

Fed. Rep. Denmark EEC Egypt Finland France Germany Greece Hong Kong Hungary India Ireland Israel Italy Japan Korea, Rep. of Luxembourg Mexico Netherlands New Zealand Norway Pakistan Philippines Portugal Romania Rwanda* Singapore Spain Sweden Switzerland Tunisia United Kingdom United States Yugoslavia

Year of entry into force

-1992 1980 1981 1980 1980 1981

1982 1980 1980 1983 1980 1980 1980 1987 1986 1980 1983 1980 1990 1980 1980 1980 1980 1988 1981 1980 1980 1981 1981 1985 1980 -1980 1981 1980 1980 1981 1980 1980 1982

1992

--5 6 -29 -

6 17 16 -28 -1 -4 -----30 3 -16 27 4 12 -2 ---1 -44 12 -2 15 4

1991 Total (1980-1992)

13 10 1 35

12 13 14

27 2 9

5 2 6 1

49 9

4 11 13

99 60 3

303

97 105 155

257 53 47

24 15 74 18

4 477 20

16 67 104 112

19 100

63

4 -24 16 -2 45 12

15 56 380 87 1 69 368 80

284 358 3329

•Signed (acceptance pending)

TBT/34

260 10

8 1 5

322 18

9 1 8

The distribution of notifications under the relevant Articles of the Agreement in 1991 and 1992 (up to 25 September) are as follows:

1992 1991

Article 2.5.2 Article 2.6.1 Article 7.3.2 Article 7.4.1 Not specified/other

Thirteen notifications in 1991 and eight in 1992 indicated that the proposed technical regulations were based on relevant international standards.

3.2 COMMENT PERIOD

Statements by Parties on the length of time that they expect to allow for other Parties to present their comments in writing on technical regulations, standards or rules of certification systems (Article 2.5.2, 2.5.5, 2.6.3, 7.3.4 and 7.4.3) are included in TBT/10, pages 58-62; TBT/10/Suppl.l, page 3; TBT/17, page 9, TBT/17/Suppl. 1, page 5, and TBT/31, page 6.

3.2.1 LENGTH OF TIME ACTUALLY ALLOWED FOR PRESENTATION OF COMMENTS

In 1991, Parties allowed an average of fifty-five calendar days for comments, the comment period had lapsed for twenty notifications, and the number of notifications that did not specify a comment period was forty-five. The respective figures in 1992 (up to 25 September) were fifty-seven days, ten notifications and thirty-six notifications.

The Committee has recommended sixty days as a minimum length of time to be allowed for the presentation of comments from other Parties. The table on the following page gives the relevant data on the observation of the recommended comment period by each Party in 1991 and 1992.

OBSERVATION DF THE RECOMMENDED COMMENT PERIOD BY PARTIES

1992 1991 (up to 25 September)

Party Less Sixty days Not Less Sixty days Not

Total than or specified or Total than or specified or sixty days more lapsed sixty days more lapsed

Austria Belgium Brazil Canada Czech and Slovak

Fed. Rep. Denmark EEC Finland France Germany Hong Kong Hungary India Ireland Japan Korea, Rep. of Mexico Netherlands New Zealand Norway Philippines Singapore Sweden Switzerland United Kingdom United States Yugoslavia

TOTAL

5 6 -29 6

17 16 28 -1 4 ---

30 3 16 27 4 12 2 1

44 12 2 15 4

2~P

-_ -23 3

7 10 4 _ -3 -. -10 2 -17 2 4 --31 12 . 10 -

ÏÎ8

_

_ 3 1

9 5 22

-1 -

. 20 . 4 5 1 8 --12 _ 1 4 4

TM

5 6 -3 2

1 1 2

1 --_ --1 12 5 1 -2 1 1 -1 1 -

45

13 10 1

35 12

13 14 27 2 9 5 2 6 1

49 9 _ 4 11 13 19 4 24 16 2 45 12

358

_ _ _ 24 7

7 10 3 _ 1 1 2 3 _ 5 4 _ 4 3 4 19 1 7 12 2 31 8

Ï58"

12

. 1 1

1 3 24 _ 1 1 --_

43 1 _ . 6 9 -2 8 4 -14 4

135

1 10 1 10 4

5 1 _ 2 7 3 -3 1 1 4

. 2 --1 9 . . --

65

TBT/34

4. TECHNICAL ASSISTANCE AND SPECIAL AND DIFFERENTIAL TREATMENT

No developments have been reported under this item during the period under review.

5. DISPUTE SETTLEMENT


6. ACCEPTANCE, ACCESSION AND RESERVATIONS

Australia has accepted the Agreement on 1 March 1992.

7. USE OF INTERNATIONAL STANDARDS; PARTICIPATION IN REGIONAL STANDARDIZING BODIES OR INTERNATIONAL

AND REGIONAL CERTIFICATION SYSTEMS

No developments have been reported under this review item during the period under review.

8. TRANSPARENCY

8.1 PUBLICATIONS

Names of the publications used to announce that work is proceeding on draft technical regulations or standards and rules of certification systems, and those in which the texts of technical regulations and standards or rules of certification systems are published, are indicated in TBT/10, pages 80-89; TBT/10/Suppl.1, page 6; TBT/17, page 16; TBT/17/Suppl.l, page 6; TBT/18, pages 12-13 and TBT/31, pages 8-9.

8.2 INFORMATION EXCHANGE

The current list of names, addresses, telex and telephone numbers of the enquiry points is contained in document TBT/W/31/Rev.9/Corrs.l to 9 and Add.l to 2. Following the completion of this annual review, the Secretariat will issue a TBT/W/31/Rev.lO.

8.3 ENQUIRIES AND RESPONSES

Information on the number of enquiries received and of requests answered by enquiry points, in accordance with the provisions of the Agreement relating to information and documentation, was included in TBT/29, pages 11-12; TBT/29/Suppl.1, pages 2-3; TBT/31, Page 10; TBT/32, pages 9-12; and TBT/33, pages 9-13. Further information supplied by individual Parties is contained below.

ENQUIRIES AND RESPONSES UNDER ARTICLE 10.1

Number of enquiries in 1991 (of which from respective enquiry points)

Party receiving enquiries

EEC

Enquiries originating

in

Czech and Slovak Fed. Rep.

Hong Kong

India

Japan

New Zealand

Philippines

Sweden

Tunisia

USA

Total

Received

15

7

3

13

1

16

2

7

13

77

Total

Answered

15

7

3

13

1

16

2

7

13

77

Regarding proposed rules and regulations

Received

15

7

-

9

1

9

1

7

2

51

Answered

15

7

-

9

1

9

1

7

2

51

Regard existi rules

régulât

Received

-

-

3

4

-

7

1

-

11

26

ing ng and ions

An swered

-

-

3

4

-

7

1

-

11

26

Under Article 10.1.1

15

7

3

13

1

16

2

7

13

77 (B td OP H (D —

M -P-

TBT/34

Number of enquiries in 1991

Party

receiving

enquiries

Enquiries

originating

in

Total

(of which

from respective

enquiry points)

Regarding

proposed

rules and

regulations

Regarding

existing

rules and

regulations

Received Answered Received Answered Received Answered

United States

Total

Austria

Belgium

Brazil

Canada Czech and Slovak

Fed. Rep.

Denmark

Egypt Finland

France Germany

Hong Kong

Hungary

India

Ireland

Israel

Italy

Japan

Mexico

Netherlands

New Zealand

Norway

Philippines

Portugal

Singapore

Spain

Sweden

Switzerland

Tunisia

United Kingdom

Yugoslavia

257(161)

2(1) 4(2)

6(4)

17(2) 6(6)

19(17)

2

11(11) 21(19) 6

11(6)

4(4) 23(18)

4(1) 5(2) 4

14(1) 9(3)

2

9(7) 1

8(8)

1

1

2(1) 19(17)

2(1) 3(3) 38(26)

3(1)

257(161)

2(1) 4(2)

6(4)

17(2)

6(6)

19(17) 2

11(11) 21(19)

6

11(6) 4(4)

23(18)

4(1) 5(2)

4

14(1) 9(3)

2

9(7) 1

8(8)

1

1

2(1) 19(17)

2(1) 3(3)

38(26)

3(1)

125

2

1

1 6

1

3

13

1

4

4

18

1

8

5

7

1 1

15

2

3

27

1

125

2

1

1 6

1

3

13

1

4

4

18

1

8

5

7

1 1

15

2

3

27

1

132

3

6

16

18

2 8

8 5

7

5

3

5

4

6

9

2 4

1

1

1

1 4

11

2

132

3

6

16

18 2

8 8

5

7

5

3

5

4

6

9

2 4

1

1

1

1 4

11

2

0

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New Zealand

TBT/34

GATT ENQUIRY POINT

Report For The Year Ending 31 March 1992

1. In the 1991/92 year proposals for one Act, six regulations, one code of practice and four standards were notified to the GATT secretariat (see Table 1).

2. The enquiry point responded to a total of 110 requests for information from seventeen overseas enquiry points. Seventy-six requests related to documents cited in New Zealand notifications and thirty-four referred to existing New Zealand regulations, standards, or certification systems (see Table 2, columns A and D).

3. Five requests were received for extension of the comment period on New Zealand notifications and three comments were eventually received. Comments were satisfactorily resolved by the authorities concerned and the outcome was explained to the relevant enquiry point in each case.

TBT/34

TABLE 1

TBT No.

91.132

91.133

91.208

91.209

91.210

91.211

91.220

91.256

91.297

91.298

91.356

92.76

New Zealand Notifications

Originating from

Ministry of Consumer Affairs


SANZ

SANZ

SANZ

SANZ




Ministry of Commerce

Ministry of Transport

Department of Justice

Sent To GATT 1.4.91

Product

Bicycles

Toys

Mattresses, divans, bed bases

Infants' cots

Playground equipment

Helmets for motor vehicle users

Clothing and footwear

Textiles and clothing

Pedal cyclists' helmets

Electrical apparatus

Used tyres

All goods and services

- 31.3.92

Comment period (days)

60

60

77

77

77

77

48

49

59

-

-

69

Req rec

from

jests a ived other

countries

4

7

4

5

6

8

6

7

7

6

7

4

o

71

TBT/34

TABLE 2

Requests Received From Other Countries 1.4.91 - 31.3.92

Column A: Requests for documents cited in New Zealand notifications Column B: Requests for extension of comment period on New Zealand

notifications Column C: Request for consideration of comment on proposals cited in

New Zealand notifications Column D: Requests for information on New Zealand regulations, standards

or certification systems

Brazil

Chile

The Czech and Slovak

Federal Republic

EEC

Finland

France

Germany

Hong Kong

Hungary

India

Japan

Philippines

Sweden

Switzerland

Tunisia

United Kingdom

United States

1

3

2

1

11

1

6

5

9

5

3

4

1

6

10

8

2

4

1

1

22

TOTAL *76 34

•Includes five requests for documents notified in 1990/91

TBT/34

Philippines

GATT ENQUIRY POINT

Report for the year ending 31 March 1992

1. In 1991/92, nineteen Philippine National Standards for mandatory implementation in the country were notified to the GATT Secretariat (see Table 1).

2. The BPS (Bureau of Product Standards) enquiry point responded to a total of 103 requests for information from seven overseas enquiry points. 101 requests related to documents cited in the Philippines Notifications and two referred to existing Philippine National Standards, regulations or certification systems (see Table 2, columns A and D).

0

TBT/34

TABLE 1

Philippines Notifications sent to GATT Secretariat 1.1.91 - 31.3.92

TBT No.

91.129

91.128

91.127

91.126

91.125

91.124

91.38

Originating from

BPS

BPS

BPS

BPS

BPS

BPS

BPS

91.37 BPS

Product

Transformers

Transformers

Transformers

Transformers

Reactors

Transformers

Ballasts for tubular fluorescent lamp

Thermoplastic wires and cables

Comment period (days)

30

30

30

30

30

30

30

Req uests received

6

6

6

6

6

5

5

30

91.36

91.35

91.34

91.33

91.32

91.31

91.30

91.29

91.28

91.27

91.26

BPS

BPS

BPS

BPS

BPS

BPS

BPS

BPS

BPS

BPS

BPS

Washing machines

Cooking and heating appliances

Room air-conditioners

Electric flat iron

Electric rice cooker

Electronic and related apparatus

Annealed copper wires

Low voltage cables

Water heaters

Toasters and oven toasters

Cigarette, cigar and pipe

30

30

30

30

30

30

30

30

30

30

30

5

5

5

5

5

6

5

5

5

5

5 lighters

Total 101

TBT/34

TABLE 2

Requests received from other countries 4.1.91 - 31.3.92

Column À: Requests for documents cited in the Philippine Notifications

Column B: Requests for extension of comment period on the Philippines Notifications

Column C: Requests for consideration of comments on proposals cited in the Philippines Notification

Column D: Requests for information on Philippines regulations, standards or certification systems

Ù

A B C D

Chile

France

Hong Kong

India

Japan

Tunisia

United Kingdom

United States

-

6

19

19

13

6

19

19

TOTAL 101 2 t>

HONG KONG

Enquiries handled

TBT/34

Enquiring country

Number of enquiries received Number of enquiries originated from

GATT enquiry points

1990 1991 1990 1991

«

•

Australia Austria Belgium Brazil Canada Chile China, People's Rep. of Czech and Slovak

Federal Republic France Germany Hungary India Iran Indonesia Malaysia Mongolia New Zealand Pakistan Philippines Russian Federation Singapore South Africa Sri Lanka Sweden Switzerland Thailand Tunisia United Kingdom United States

0 0 2 1 2 0 2

2 2 2 1 1 0 0 2 1 0 0 1 0 0 2 0 2 0 0 0 6 5

3 1 0 1 2 1 1

1 4 0 2 6 1 1 0 0 1 3 1 1 1 0 2 2 1 1 3 8

10

0 0 0 1 1 0 0

2 2 0 1 1 0 0 0 0 0 0 1 0 0 0 0 2 0 0 0 1 1

0 1 0 1 2 0 0

1 3 0 2 4 0 0 0 0 1 0 1 0 1 0 0 2 0 0 3 4 2

TOTAL 34 58 13 28

TBT/34

Party receiving

enquiries

Japan

Enquiries

originating

in

Total

Aust-ia

Brazil Canada

Chile

Czech and Slovak

Federal Republic

Denmark

EEC Finland

France Germany

Hong Kong

Hungary

India

Italy

New Zealand

Norway

Philippines

Singapore

Spain

Sweden

Switzerland

United Kingdom United States

Yugoslavia

Number of enquiries in

Tn+al

Received

361

3 4 6 2

14 5 30 2 41 5 13 28 14 3 17 4 29 1 1 18 4 41 75 1

Answered

361

3 4 6 2

14 5 30 2 41 5 13 28 14 3 17 4 29 1 1 18 4 41 75 1

Regarding proposed

rules and

regulations

Received Answered

302

2 2 4 2

14 1 30 2 40 3 11 28 12 0 10 4 28 1 1 16 2 37 51 1

302

2 2 4 2

14 1 30 2 40 3 11 28 12 0 10 4 28 1 1 16 2 37 51 1

1991

Regarding exisl

rules

.ing

and regulations

Received

59

1 2 2 0

0 4 0 0 1 2 2 0 2 3 7 0 1 0 0 2 2 4 24 0

Answered

59

1 2 2 0

0 4 0 0 1 2 2 0 2 3 7 0 1 0 0 2 2 4 24 0

6

t)

TBT/34

Enquiries and Responses Under Articles 10.1 and 10.2

Number of enquiries (September 1991 to September 1992)

Party receiving enquiry

Enquiry originating in Total

Regarding existing rules and regulations

India

è Brazil

Egypt

France

Mexico

Philippines

Rwanda

United Kingdom

United States

17

2

2

2

1

1

1

5

3

17

2

2

2

1

1

1

5

3

TBT/34

Czech and Slovak Federal Republic

According to Article 10 of the Agreement, the enquiry point received two enquiries from the signatories in 1991 and three in 1992 (until 31 May), and they are answered in cooperation with related ministries.

9. TESTING PROCEDURES AND ACCEPTANCE OF TEST RESULTS


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