WTO TBT Agreement: A tool for businesses to reduce regulatory barriers

Transcription

1 WTO TBT Agreement: A tool for businesses to reduce regulatory barriers Jennifer Stradtman Director, Technical Barriers to Trade Office of the United States Trade Representative Jennifer_A_Stradtman@ustr.eop.gov

2 Doing Business in Other Markets Understand the regulatory requirements which may include: Compliance with technical regulations. Use of differing use of national or international standards. Use of testing you have already completed or you need to complete in the third country. Other technical requirements such as labeling, registration numbers, quality marks.

3 Public Consultation on Regulations Domestic Federal Register or regulations.gov International Notifications from TBT

4 Problems we can help you address Transparency We can ask another government to notify a technical regulation for a day comment period. Time to comply TBTA considers 6 months to be the reasonable interval between the time a regulation is drafted and the time it comes into force. Address differences in standards used and conformity assessment procedures. Address marking, labeling, and registration requirements.

5 Important Principles National Treatment our products should not be treated differently than domestic products. Most Favored Nation our products should not be treated differently than any other WTO Member (unless the other Member has a WTO TBT+ FTA). More trade restrictive than necessary alternatives need to be considered when developing a technical regulation. Presumption of compliance if international standards are used. Members have a right to protect their legitimate objectives of a technical regulation and there is nothing in the TBTA that prevents the Member from having its own conformity assessment procedures.

6 Typical from Notify U.S. Hello Please go to Notify U.S. and sign in to your personalized home page to view your new and recent WTO TBT notifications: Fast access to your notifications? Use the "Countries" tab! Your new Notify U.S. WTO TBT notifications on 6/24/2016: (1) Notification Number: IDN/18/Add.2 (Indonesia) Date Issued: 6/22/2016 Products: Helmet for Drivers and Passengers of Motor Cycles (HS ) Title: Draft Decree of Ministry of Industry on Mandatory Indonesia National Standard for Helmet for Drivers and Passengers Motor Cycle, SNI 1811:2007 (2) Notification Number: IDN/90/Add.2 (Indonesia) Date Issued: 6/22/2016 Products: Glass in Building - Glass Blocks (HS , ) Glass cubes and other glass small wares, whether or not on a backing, for mosaics or similar decorative purposes (HS ) Other (HS ) Title: Draft Decree of Minister of Industry on Mandatory Implementation of Indonesian National Standard for Glass in Building - Glass Blocks - Specification and Test Methods (SNI and Technical Specification: SNI ISO 21690:2013)

7 Actions What you need to do Sign up for Notify U.S. Monitor the notifications (the same way you do the Federal Register) Translate the measure Comment on proposed regulations notified to the WTO Send the comments in through the U.S. Inquiry Point Let us know if you are advocating for changes in a particular market What we do to help Ensure the procedural requests are answered. Request delays, extensions Ask how your comments were taken into account. Work with our Posts in foreign markets Use other bilateral interactions Raise issues with other WTO Members during the WTO TBT Committee meetings in March, June, and November

8 Process for filing WTO TBT Complaint Notification If of interest, comment on the proposed regulation by the comment deadline. Submit the comment through the U.S. Inquiry Point. USG Analysis Inquiry Point will submit your comment to the interagency interests when it is conveyed to the WTO Member. USG analyzes the complaint to see if it can support. Action If we can support, we communicate to the interagency team a USG position. Position can be used bilaterally, in regional or at the WTO.

9 Examples of Issues Alcohol labeling and standards of identity Automotive standards and conformity assessment procedures Cosmetic labeling, registration, and chemicals used in cosmetics Medical Device approvals and conformity assessment requirements Toy standards, labeling, registration and certification Protective footwear standards Encryption for Information and Communication Technology Products Telecom Testing and Certification Aerospace certification fees

10 STCs by WTO Member Number of Specific Trade Concerns by WTO Member EU India Indonesia China Korea Brazil Ecuador Chinese Taipei Peru Vietnam Malaysia Hong Kong Number of STCs

11 Trends Establishment of National Quality Infrastructure, which includes a third party certification system and national accreditation requirements Assignment of risk level without adequate justification, which leads to more onerous conformity assessment requirements Regional regulations and a lack of transparency (GCC, EU, ASEAN, ANDEAN) Increase in notification of proposed regulations (more than 2000 per year, and climbing) An increase of Members using a comment period Marketing restrictions and plain packaging Use of the EU regulatory model in third countries

12 Policy in the TBT Committee Current Issues Regulatory Cooperation on Energy Efficiency Standards and Labeling Regulatory Cooperation on Food Labeling Technical Assistance Referencing of Standards in Technical Regulations A WTO Member-wide Notification System

13 Questions or Comments?