Introducción sobre el Acuerdo de Obstáculos Técnicos al Comercio de la Organización Mundial del Comercio Con un enfoque más amplio, en esta presentación se describe la participación estructurada de los elementos de la Infraestructura de Calidad, Metrología, Normalización y Evaluación de la conformidad en favor de una articulación efectiva de los compromisos del Acuerdo a los Obstáculos Técnicos al Comercio entre los países firmantes.

1. Standards Coordination Office
WOLD METROLOGY DAY
Ecuador
May 20, 2016

2. Standards Coordination Office
WTO Agreement on
Technical Barriers To
Trade (TBT)

3. Today’s Discussion
• A general understanding of the World
Trade Organization Agreement on
Technical Barriers to Trade
• Good practices for the implementation of
the obligations of the WTO TBT
Agreement
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4. The World Trade Organization
• The World Trade Organization (WTO) is
the global international organization
dealing with the rules of trade among
nations.
• At its heart are the WTO agreements,
negotiated and signed by 159 nations and
ratified in their legislatures.
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5. Purpose of the WTO TBT Agreement
• To prevent unnecessary obstacles to
trade.
• To provide transparency in the
development and implementation of WTO
Member technical regulations.
• Is a “procedural agreement.”
• Applies primarily to technical regulations
and conformity assessment procedures.
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6. Core Provisions of the TBT Agreement (1)
• Regulations should only address
legitimate objectives.
• The Agreement defines legitimate
objectives.
• Regulations should not have the effect of
creating obstacles to trade.
• Regulations should not be more restrictive
than necessary.
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7. Core Provisions of the TBT Agreement (2)
• Introduce conformity assessment
procedures only when positive assurance
of conformity is required.
• As for regulations, conformity assessment
procedures should not have the effect of
creating obstacles to trade.
• Treat foreign and domestic products
equally.
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8. Core Provisions of the TBT Agreement (3)
• Procedures should be undertaken as
expeditiously as possible.
• Provisions relate to processing time,
information requirements, fees,
complaints, etc.
• Protect confidentiality and legitimate
business interests.
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9. Core Provisions of the TBT Agreement (4)
• Transparency – notify proposed technical
regulations to other members and take
comments into consideration.
• Use international standards as a basis for
regulation and conformity assessment
procedures (unless ineffective and
inappropriate).
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10. WTO TBT Committee
• WTO Secretariat administers a TBT Committee
that meets 3 times a year.
• The Committee discusses Specific Trade
Concerns and the implementation of the
Agreement. It publishes a Triennial Review.
• The TBT Committee also publishes Decisions
and Recommendations and addresses topics
such as Good Regulatory Practice (GRP).
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11. Good Regulatory Practices
• GRP refer to the practical implementation of
all provisions of the Agreement, not just
regulations.
• TBT Committee has stressed importance of
GRP since the beginning.
• APEC, OECD and many countries have
guidance on good regulatory practices.
• Overarching principles
• Transparency and Proportionality 11

12. GRP Core Principles (1)
• Establish the need to regulate
• Define problem and set policy objectives
• Inform on the intent to regulate
• Consider a variety of alternatives (including not
regulate), identify options and their costs
• Conduct impact assessment (economic, trade and
societal). IA must be evidence-based.
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13. GRP Core Principles (2)
• Have a national coordination mechanism
• Publish final regulation and allow a
reasonable interval for entry into force
• Consider providing guidance on
compliance
• Periodically review regulations for
effectiveness and adequacy
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14. Standards
• Article 4 of the TBT Agreement: members
(governments) shall ensure that the Code
is accepted and observed
• The WTO TBT Agreement makes a very
clear distinction between a regulation and
a standard (Annex 1 – Definitions)
• TBT Committee Decision on what
constitutes an international standard
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15. Good Practices on Standards (1)
• Code of Good Practice for the Preparation,
Adoption and Application of Standards – Annex
3 of the TBT Agreement
• Substantive provisions of the Code mirror many
of the provisions of the Agreement:
• Treat national and foreign products the same
• Standards should not create unnecessary obstacles to
trade
• Use international standards and participate in their
development 15

16. Good Practices on Standards (2)
• Express requirements in terms of performance rather
than design
• Submit standards to a 60-day comment period and
take comments into consideration (for regulations, the
Agreement does not provide a time period)
Other substantive provisions of the Code
– Avoid duplication
– Achieve national consensus
– Publish a work program (transparency)
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17. Good Conformity Assessment Practices (1)
• TBT Agreement provisions
• ISO/IEC Guide 60
• APEC – including the report on “Good
Regulatory Practices for Conformity
Assessment in APEC Member Economies”
(2013)
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18. Good Conformity Assessment Practices (2)
• TBT Agreement provisions
• Accept, whenever possible, CA results from
other members
• Ensure technical competence of CAB’s
• May require demonstration of technical
competence, for instance, thru accreditation
• Accreditation provides confidence in continued
reliability of CA results
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19. Good Conformity Assessment Practices (3)
ISO/IEC Guide 60
• Promotes openness, transparency,
confidentiality, coherence and effectiveness
of conformity assessment practices
• Addresses normative documents, activities,
systems and schemes and conformity
assessment results
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20. Measurement Science (Metrology)
• Many conformity assessment results are based
on testing
• Confidence in testing results must be
underpinned by a competent measurement
system that supports accurate calibration,
appropriate measurement certainty and suitable
reference materials
• Helps address deceptive practices (a legitimate
objective)
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21. Quality Infrastructure – Beyond Trade
• While QI is key for facilitating international
trade, it has many more benefits
• QI supports national economies, growth and
competitiveness
• QI crucial for the welfare of citizens –
confidence in goods and services in the
marketplace, including health-related services
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22. In conclusion
• The TBT Agreement provides an excellent
framework to leverage the national Quality
Infrastructure
• The fundamentals for a QI in the Americas are
in place
• It needs continuous attention to expand its
scope and maintain its accomplishments
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23. Ileana Martinez
International Affairs Advisor
Standards Coordination Office
and
National Voluntary Laboratory Accreditation Program NVLAP
NIST
ileana.martinez@nist.gov