Overview of the WTO TBT Agreement. Diane C. Thompson Principal Standards Advisor Standards Alliance. Lusaka, Zambia November 30, 2016

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Overview of the WTO TBT Agreement Diane C. Thompson Principal Standards Advisor Standards Alliance Lusaka, Zambia November 30, 2016 Slide 1 Agenda Overview of the WTO Overview of the TBT Agreement Benefits for the Private Sector Slide 2 1

Standards Alliance U.S. facility to support developing countries implement commitments under the WTO TBT Agreement Partnership between the American National Standards Institute (ANSI) and the U.S. Agency for International Development (USAID) Public-private model, leveraging access to expertise in the U.S. private sector and government agencies Demand-based and results-oriented, focusing on strategic multi-year engagement 2013-2018 Slide 3 Overview of the WTO - Background Efforts to adopt rules to govern international trade resulted in the adoption of the General Agreement on Tariffs and Trade (GATT) in 1948 World Trade Organization (WTO) came into existence on January 1, 1995 as a result of the GATT Uruguay Round of Trade Negotiations (1986 to 1994) Slide 4 2

Overview of the WTO - Background Responsible for overseeing the multilateral trading system The only international organization dealing with the global rules of trade between nations Accounts for about 95% of world trade Based in Geneva, Switzerland Permanent staff of about 640 Slide 5 Overview of the WTO -Purpose The main purpose of the WTO is to ensure that trade flows as smoothly, predictably, and freely as possible. Slide 6 3

Overview of the WTO - Functions Administer WTO trade agreements Provide a forum for trade negotiations to liberalize trade in goods and services Settle trade disputes Monitor national trade policies of s Provide technical assistance and training for developing countries Cooperate with other international organizations Slide 7 Overview of the WTO -s WTO s as of July 29, 2016 = 164 Over 2/3 of WTO s are developing countries and countries in transition to market economies Slide 8 4

WTO Trade Topics www.wto.org/english/tratop_e/tratop_e.htm Slide 9 TBT Committee TBT-related work in the WTO takes place in the Committee on Technical Barriers to Trade (TBT Committee) open to all members of the WTO other governments with observer status observers must start accession negotiations within 5 years of becoming observers specific international intergovernmental organizations have been granted observer status, e.g. International Electrotechnical Commission (IEC) International Organization for Standardization (ISO) Southern African Development Community (SADC) Slide 10 5

Overview of the Agreement on Technical Barriers to Trade(TBT Agreement) Slide 11 WTO TBT Agreement Standards Technical Regulations Conformity Assessment Procedures The basic aim of the TBT Agreement is to ensure that these do not create unnecessary obstacles to trade Slide 12 6

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. - WTO definition from TBT Agreement Annex 1 Slide 13 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. - WTO definition from TBT Agreement Annex 1 Slide 14 7

Conformity Assessment Procedure Any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled - WTO definition from TBT Agreement Annex 1 Slide 15 Global Trade More than 80% of global product trade is affected by standards and technical regulations that incorporate standards Source: Organization for Economic Cooperation and Development (OECD), Regulatory Reform and International Standardization, TD/TC/WP (98) 36, January 1999 Slide 16 8

To be able to sell their products in foreign markets, exporters must have: Up-to-date and complete information about the technical requirements their products must meet, including: standards e.g. quality, compatibility, processes, performance, test methods technical regulations e.g. safety, health, environmental protection, packaging and labeling testing inspection certification e.g. products, systems Slide 17 A lack of information can itself be a barrier to trade Slide 18 9

The Problem The Solution Often it is difficult for companies to obtain up-to-date and complete information about the technical requirements their products must meet Recognizing this problem, the TBT Agreement requires the establishment and operation of an Enquiry Point Slide 19 WTO TBT Enquiry Point The obligation for each WTO to have an Enquiry Point allows s to easily obtain information about technical requirements without having to identify and directly contact the agency responsible in another country Enquiry Point is the central contact point for handling requests for information Enquiry Point is responsible for obtaining the answers from the relevant national bodies and replying to the WTO making the enquiry Slide 20 10

TBT Enquiry Point Responsibilities Respond to enquiries relating to standards, technical regulations and conformity assessment procedures Provide documents referenced in notifications Provide information about membership in international and regional standards and conformity assessment bodies Provide information about bilateral and multilateral agreements Slide 21 TBT Enquiry Point in Zambia TBT Enquiry Point is located at the Zambia Bureau of Standards infozabs@zabs.org.zm Slide 22 11

WTO - Zambia WTO WTO - other WTO country - other WTO country - other country - other country information and enquiries Zambia TBT Enquiry Point enquiries WTO WTO TBT Enquiry WTO Point TBT Enquiry WTO Point TBT Enquiry Point TBT Enquiry Point Zambia TBT Consultative Committee Other stakeholders in Zambia exporters manufacturers Chambers of Commerce associations others Stakeholders in other WTO countries exporters manufacturers regulatory authorities Chambers, associations, etc. others Slide 23 Responsibilities of the Notification Authority Monitor proposed and adopted technical regulations and conformity assessment requirements Determine if significant effect on trade Notify, identifying products covered objective rationale etc. Provide copies on request to other WTO members Slide 24 12

What is a Notification? 1 to 2 page summary Provides WTO members with an opportunity to review and comment sample TBT notification sample TBT notification full text Slide 25 Zambia TBT Notification Authority Notification Authority for Zambia is located at the Ministry of Commerce, Trade and Industry (MCTI) Slide 26 13

WTO Secretariat notifications from other countries WTO - Zambia notifications from Zambia Zambia Notification Authority notifications from WTO comments WTO WTO - other WTO country - other WTO country - other country - other country Other stakeholders in Zambia exporters manufacturers associations others Zambia TBT Consultative Committee Zambia Ministries Slide 27 Benefits for the Private Sector - Enquiry Points Network of Enquiry Points around the world provides information about (and access to) technical requirements for exporters increases the competitiveness of products from Zambia in overseas markets Provides information to companies selling in Zambia (domestic & foreign) Consumers benefit from increased availability of products Slide 28 14

Benefits for the Private Sector Notification System Notification process provides early notice of proposed changes to technical requirements benefits exporters benefits companies selling in Zambia benefits consumers in Zambia Slide 29 Questions? Slide 30 15