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Framework Understanding on Non-Tariff Barriers

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  1. Framework Understanding on Non-Tariff Barriers Brazil, EU and IndiaNairobi, 12. April 2010

  2. Purpose of the Framework • Create horizontal disciplines across all NAMA sectors on NTBs • Reduction and where appropriate elimination of unnecessary obstacles to trade including NTBs • Affirmation of rights and obligations under the WTO Agreements (including TBT Agreement • Elaborating and building upon the TBT Agreement

  3. Elements of the Framework • Scope • Covers all products (Article 1) • International standard setting bodies (Article 3) • ISO, IEC, ITU and Codex as the relevant bodies provided they follow the principles of the TBT Committee Decision • Other bodies in the Annexes

  4. Review of standards (Article 4) • Review at regular intervals with a view to increase convergence to international standards • Relevant elements for consideration include whether TR and CAP have become unnecessary or outdated by reason of changed circumstances such as fundamental changes in technology. • Best endeavour for developing countries • Developed countries to review atleast once every 5 years

  5. Good Regulatory Practice (Article 6) • Impact of Technical Regulation(TR)/ Assessment Procedures (CAP) • Assess available regulatory and non regulatory alternatives that may fulfil legitimate objectives • Impact on trade to be assessed on basis of special development, financial and trade needs of developing countries

  6. Transparency (Article 7) • Opportunity for interested parties to comment • To Members how the elements of good regulatory practice were taken into account • When available in written format the assessment of impact on trade • Publish the written comments from Members or interested parties • Best endeavour clause to publish public responses

  7. Transparency (Article 7) – Cont’d • Notice of TR/CAP being proposed available in a single journal • Final TR/CAP available in a single journal • Creation of electronic repositories of TR/CAP through a WTO portal • Developing countries to provide only a meaningful description of the TR/CAP if they cannot practically provide translation into an official WTO language or do not have any of the WTO languages as their official language.

  8. Technical Assistance/ Special and Differentiated Treatment (Articles 9&10) • Technical co-operation on post market surveillance for systems such as suppliers declaration of conformity (SDOC) • When applying good regulatory practices, the special development, financial and trade needs of developing countries will be taken into account.

  9. Elements of Framework • Conformity Assessment Procedures (CAP) • Best endeavour clause on suppliers declaration of conformity (SDOC) • Invitation to create MRAs • Encouragement to accreditation bodies to join ILAC and IAF • Confidentiality of information • TBT Committee to oversee operation and implementation of the Understanding • Annexes/ Appendices to prevail over this Understanding in case of conflict

  10. Thank You

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