ORGANIZATION OF
AMERICAN STATES - TRADE UNIT |
PROVISIONS ON STANDARDS AND CONFORMITY
ASSESSMENT IN TRADE AND INTEGRATION ARRANGEMENTS OF THE WESTERN
HEMISPHERE |
SG/TU/WG.STBT/DOC.6/96/Rev.3
9 February 1998
Original: English
Limited Distribution |
Part I |
PROVISIONS ON
STANDARDS AND TECHNICAL BARRIERS TO TRADE
IN SUBREGIONAL TRADE AND INTEGRATION ARRANGEMENTS
|
D. Mutual
Recognition
WTO |
|
NAFTA |
Article 908.6:
Each Party shall give sympathetic consideration to a request by
another Party to negotiate agreements for the mutual recognition of
the results of that other Party’s conformity assessment
procedures. |
Andean
Community |
|
CACM |
|
Group of
Three |
Articles 14-08.1 and
14-08.4, listed above under conformity assessment procedures,
address the issue of mutual recognition. |
MERCOSUR |
Resolution GMC 61/97:
To make compatible the conformity assessment systems, structures,
and activities, adjusting their procedures and ensuring mutual
recognition in the region. |
ALADI |
Article 12. The
signatory countries undertake to encourage participation by their
official accreditation agencies in the Inter-American Accreditation
Cooperation (IAAC), and to take part in drafting Multilateral
Recognition Agreements (MRAs) in this forum with a view to achieving
mutual recognition of their conformity assessment structures. |
CARICOM |
|
CHILE &
MERCOSUR |
Article 27: (...)
The Parties also agree to undertake efforts in order to identify the
product areas in which the compatibility of inspection, control and
conformity evaluation procedures would be possible, and which would
permit the mutual recognition of the results of such procedures.
Progress in the area of Standards realized under MERCOSUR will be
taken into account in the Chile and MERCOSUR agreement. |
BOLIVIA
& MERCOSUR |
Article 25:
(... ) The Parties also agree to undertake efforts in order to
identify the product areas in which the compatibility of inspection,
control and conformity evaluation procedures would be possible, and
which would permit the mutual recognition of the results of such
procedures. |
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III. RELATIONSHIP
TO WTO TBT AGREEMENT
A. Reference to WTO TBT Disciplines
WTO |
|
NAFTA |
Article 903:
Further to Article 103 (Relation to Other Agreements), the Parties
affirm with respect to each other their existing rights and
obligations relating to standards-related measures under the GATT
Agreements on Technical Barriers to Trade and all other
international agreements, including environmental and conservation
agreements, to which those Parties are party. |
Andean
Community |
|
CACM |
|
Group of
Three |
Article 14-04: The
Parties mutually affirm their existing rights and obligations
related to standards-related measures under the GATT and all other
international agreements, including environmental and conservation
agreements, to which those Parties are party. |
MERCOSUR |
Resolution GMC 152/96
Item 4
General Guidelines
- The preparation and review of
technical regulations within Mercosur must be geared to
eliminating technical barriers to intrazonal trade and to
seeking integration of Mercosur into international trade,
guaranteeing conditions of health, safety, environmental and
consumer protection, and other conditions corresponding to the
public sector.
- In the process of preparing and
reviewing technical regulations, Mercosur must use as a basis
the general principles and guidelines established in the World
Trade Organization Agreement on Technical Barriers to Trade
particularly with respect to transparency, information, and
notification.
In preparing and reviewing technical
regulations, Mercosur, to the extent applicable, must consider the
existence of international (ISO, etc.), Regional (COPANT, etc.),
subregional (Mercosur standards, etc.) or national standards as well
as internationally established technical regulations.
Requests for review or preparation of
technical regulations of Mercosur, regardless of their origin, must
be submitted to the GMC for approval.
_____________________________________
CHILE/MERCOSUR: Article 25 and
BOLIVIA/MERCOSUR: Article 24
The Parties will attend the obligations
contracted under the Technical Barriers to Trade Agreement of the WTO. |
ALADI |
Article 2. The
signatory countries reaffirm their rights and obligations under the
World Trade Organization (WTO) Agreement on Technical Barriers to
Trade (TBT). |
CARICOM |
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B. Provisions
for National and/or MFN Treatment
WTO |
Article 2.1:
Members shall ensure that in respect of technical regulations,
products imported from the territory of any Member shall be accorded
treatment no less favorable than that accorded to like products of
national origin and to like products originating in any other
country.
Article 5.1:
Members shall ensure that, in cases where a positive assurance of
conformity with technical regulation or standards is required, their
central government bodies apply the following provisions to products
originating in the territories of other Members:
- conformity assessment procedures
are prepared, adopted and applied so as to grant access for
suppliers of like products originating in the territories of
other Members under conditions no less favorable than those
accorded to suppliers of like products of national origin or
originating in any other country, in a comparable situation;
access entails suppliers' right to an assessment of conformity
under the rules of procedure, including, when foreseen by this
procedure, the possibility to have conformity assessment
activities undertaken at the site of facilities and to receive
the mark of the system; and
- conformity assessment procedures
are not prepared, adopted or applied with a view to or with the
effect of creating unnecessary obstacles to international trade.
This means, inter alia, that conformity assessment procedures
shall not be more strict or be applied more strictly than is
necessary to give the importing Member adequate confidence that
products conform with the applicable technical regulations or
standards, taking account of the risks non-conformity would
create.
Article 6.4:
Members are encouraged to permit participation of conformity
assessment bodies located in the territories of other Members in
their conformity assessment procedures under conditions no less
favorable than those accorded to bodies located within their
territory or the territory of any other country. |
NAFTA |
Article 904.3:
Each Party shall, in respect of its standards-related measures,
accord to goods and service providers of another Party:
- national treatment in accordance
with Articles 301 (Market Access) and 1202 (Services); and
- treatment no less favorable than
that it accords to like goods, or in like circumstances to
service providers of any other country.
|
Andean
Community |
Article 9:
The Member Countries shall accord to those new products and services
that originate from another Member Country, with respect to this
Decision, treatment no less favorable than that conferred on similar
products or services with national origin or from third countries
(Decision 376). |
CACM |
Article III.4:
Goods originating in the territory of any of the Signatory States
shall be accorded national treatment in all of them and shall be
exempt from all quantitative or other restrictions or measures,
except for such measures as may legally applicable in the
territories of the Contracting States for reasons of health,
security or police control. |
Group of
Three |
Article 14-05.3:
With respect to its standards-related measures, each Party shall
accord to goods and service providers of another Party national
treatment and treatment no less favorable than that it accords to
similar goods or to similar service providers of any other country.
Article 14-08.3:
For the mutual benefit and in reciprocal fashion, each Party shall
accredit, approve, grant licenses or recognition to conformity
assessment bodies in the territory of another Party on terms no less
favorable than accorded to those bodies in its own territory.
Article 14-04 (above)
reaffirms the obligations of all members to respect GATT
disciplines. |
MERCOSUR |
Article 8:
The States Parties undertake to abide by commitments made prior to
the date of signing of this Treaty, including agreements signed in
the framework of the Latin American Integration Association (ALADI),
and to co-ordinate their positions in any external trade
negotiations they may undertake during the transitional period. To
that end
- They shall avoid affecting the
interests of the States Parties in any trade negotiations they
may conduct among themselves up to 31 December 1994;
- They shall avoid affecting the
interests of the other States Parties or the aims of the common
market in any agreements they may conclude with other countries
members of the Latin American Integration Association during the
transition period;
- They shall consult among
themselves whenever negotiating comprehensive tariff reduction
schemes for the formation of free trade areas with other
countries members of the Latin American Integration Association;
- They shall extend automatically to
the other States Parties any advantage, favor, exemption,
immunity or privilege granted to a product originating in or
destined for third countries which are not members of the Latin
American Integration Association.
|
ALADI |
|
CARICOM |
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C. Establishment
of Enquiry Points
WTO |
Article 10.1: Each
Member shall ensure that an enquiry point exists which is able to
answer all reasonable enquiries from other Members and interested
parties in other Members as well as to provide the relevant
documents regarding:
- any technical regulations adopted
or proposed within its territory by central or local government
bodies, or by regional standardizing bodies of which such bodies
are members or participants;
- any standards adopted or proposed
within its territory by central or local government bodies, or
by regional standardizing bodies are members or participants;
- any conformity assessment
procedures, or proposed conformity assessment procedures, which
are operated within its territory by central or local government
bodies, or by non-governmental bodies which have legal power to
enforce a technical regulation, or by regional bodies of which
such bodies are members or participants;
- the membership and participation
of the Member, or of relevant central or local government bodies
within its territory, in international and regional
standardizing bodies and conformity assessment systems, as well
as in bilateral and multilateral arrangements within the scope
of this Agreement; it shall also be able to provide reasonable
information on the provisions of such systems and arrangements;
- the location of notices published
pursuant to this Agreement, or the provision of information as
to where such information can be obtained; and
- the location of the enquiry points
mentioned in (3).
Article 10.2:
If, however, for legal or administrative reasons more than one
enquiry point is established by a Member, that Member shall provide
to the other Members complete and unambiguous information on the
scope of responsibility of each of these enquiry points. In
addition, that Member shall ensure that any enquiries addressed to
an incorrect enquiry point shall promptly be conveyed to the correct
enquiry point.
Article 10.3:
Each Member shall take such reasonable measures as may be available
to it to ensure that one or more enquiry points exist which are able
to answer all reasonable enquiries from other Members and interested
parties in other Members as well as to provide the relevant
documents or information as to where they can be obtained on
questions pertaining to those set out in Article 10.1.
Article 10.4:
Members shall take such reasonable measures as may be available to
them to ensure that where copies of documents are requested by other
Members or by interested parties in other Members, in accordance
with the provisions of this Agreement, they are supplied at an
equitable price (if any) which shall, apart from the real cost of
delivery, be the same for the nationals of the Member concerned or
of any other Member.
Article 10.5:
Developed country Members shall, if requested by other Members,
provide, in English, French or Spanish, translations of the
documents covered by a specific notification or, in case of
voluminous documents, of summaries of such documents.
See also Articles 10.6-10.11
under "Notification". |
NAFTA |
Article 910.1:
Each Party shall ensure that there is an inquiry point that is able
to answer all reasonable inquiries from other Parties and interested
persons, and to provide relevant documents regarding:
- any standards-related measure
proposed, adopted or maintained in its territory at the federal,
state or provincial government level;
- the membership and participation
of the Party, or its relevant federal, state or provincial
government authorities, in international and regional
standardizing bodies and conformity assessment systems, and in
bilateral and multilateral arrangements regarding
standards-related measures, and the provisions of those systems
and arrangements;
- the location of notices published
pursuant to Article 909, or where the information can be
obtained;
- the location of the inquiry points
referred to in 910.3, and
- the Party's procedures for
assessment of risk, and factors it considers in conducting the
assessment and in establishing, pursuant to Article 904.2, the
levels of protection that it considers appropriate.
Article 910.2:
Where a Party designates more than one inquiry point, it shall:
- provide to the other Parties
complete and unambiguous information on the scope of
responsibility of each inquiry point; and
- ensure that any inquiry addressed
to an incorrect inquiry point is promptly conveyed to the
correct inquiry point.
Article 910.3:
Each Party shall take such reasonable measures as may be available
to it to ensure that there is at least one inquiry point that is
able to answer all reasonable inquiries from other Parties and
interested persons and to provide relevant documents or information
as to where they can be obtained regarding:
- any standard or conformity
assessment procedure proposed, adopted or maintained by
non-governmental standardizing bodies in its territory; and
- the membership and participation
of relevant non-governmental bodies in its territory in
international and regional standardizing bodies and conformity
assessment systems.
Article 910.4:
Each Party shall ensure that where copies of documents are requested
by another Party or by interested persons in accordance with this
Chapter, they are supplied at the same, apart from the actual cost
of delivery, as the price for domestic purchase.
Article 912:
Nothing in this Chapter shall be construed to require a Party to:
- communicate, publish texts, or
provide particulars or copies of documents other than in an
official language of the Party; or
- furnish any information the
disclosure of which would impede law enforcement or otherwise be
contrary to the public interest, or would prejudice the
legitimate commercial interests of particular enterprises.
|
Andean
Community |
Article 35: The
Center for Information and Registry is hereby created for standards,
technical regulations, conformity assessment, concerns of the System
and any other legal dispositions and information in general that is
relevant to the objectives of the System. (Decision 376) |
CACM |
|
Group of
Three |
Article 14-10.1:
Each Party will ensure that there is at least one enquiry point
within its territory that is able to answer all questions and
reasonable requests of another Party and interested persons and can
provide relevant documentation regarding
- any standards-related measure
proposed or adopted in its territory at the federal or central,
state or department, or municipal government level;
- the participation and membership
of the Party, and its relevant federal or central, state or
department, or municipal authorities, in international or
regional standardization bodies and conformity assessment
systems, in bilateral or multilateral arrangements within the
scope of application of this chapter, and in the provision of
those systems and arrangements;
- the location of notices published
pursuant to this chapter, or the place where the information can
be obtained;
- the location of the enquiry
points; and
- the Party's procedures for
assessment of risk, the factors it takes into consideration when
conducting the assessment and in establishing of the levels of
protection that it considers adequate pursuant to Article
14-05.2.
Article 14-10.2:
When a Party designates more than one enquiry point, it shall
- inform the other Parties of the
scope of responsibilities of each enquiry point; and
- ensure that any enquiry sent to
the wrong enquiry point be promptly forwarded to the current
enquiry point.
Article 14-10.3:
Each Party shall take such reasonable measures as may be available
to it to ensure that at least one enquiry point exists within
its territory that is capable of answering all questions and
enquiries from another Party and interested persons and to provide
relevant documentation or information as to where this documentation
can be obtained regarding
- any standard or conformity
assessment procedure proposed or adopted by non-government
standardizing bodies in its territory; and
- the membership and participation
in international and regional standardizing bodies and
conformity assessment systems of relevant non-governmental
bodies in its territory.
Article 14-10.4:
Each Party shall ensure that when another Party or interested
persons, in accordance with the provisions of this Chapter, request
copies of documents referred to in paragraph 14-10.1, these
documents are supplied at the same price as the price for domestic
purchase, apart from the actual cost of delivery. Copies of
technical regulations and required conformity assessment procedures
shall be supplied free of charge. |
MERCOSUR |
Resolution GMC 61/97
To propose procedures for organizing
information relating to technical regulations, technical standards,
and conformity assessment to permit the desired transparency in the
intra-Mercosur and international notification process. |
ALADI |
Article 15. The
signatory countries, with the participation of the General
Secretariat, the collaboration of the Pan American Commission on
Technical Standards (COPANT) and other regional agencies concerned
shall make every effort to develop and integrate information systems
on proposals for technical regulations, technical standards, and
conformity assessment systems to permit their harmonization, to the
extent possible, prior to approval or enactment of such proposals.
This systems shall be capable of
responding in a timely manner to requests for:
- Technical Regulations,
- Technical Standards adopted,
- conformity assessment procedures
in force.
When changes to Technical
Regulations, Technical Standards, or Conformity Assessment
Procedures are planned, the established WTO procedures for
notification and consultation shall apply.
The terms of this article do not
diminish the rights of signatory countries to approve, enact, or
introduce a technical standard, technical regulation, or conformity
assessment procedure to achieve a legitimate aim, in accordance with
the WTO Agreement on Technical Barriers to Trade. |
CARICOM |
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IV. USE
OF INTERNATIONAL STANDARDS
WTO |
Article 2.4:
Where technical regulations are required and relevant international
standards exist or their completion is imminent, Members shall use
them, or the relevant parts of them, as a basis for their technical
regulations except when such international standards or relevant
parts would be an ineffective or inappropriate means for the
fulfilment of the legitimate objectives pursued, for instance
because of fundamental climatic or geographical factors or
fundamental technological problems.
Article 2.5:
A Member preparing, adopting or applying a technical regulation
which may have a significant effect on trade of other Members shall,
upon the request of another Member, explain the justification for
that technical regulation in terms of the provisions of paragraphs 2
to 4. Whenever a technical regulation is prepared, adopted or
applied for one of the legitimate objectives explicitly mentioned in
paragraph 2, and is in accordance with relevant international
standards, it shall be refutably presumed not to create an
unnecessary obstacle to international trade.
Article 2.6:
With a view to harmonizing technical regulations on as wide a basis
as possible, Members shall play a full part, within the limits of
their resources, in the preparation by appropriate international
standardizing bodies of international standards for products for
which they either have adopted, or expect to adopt, technical
regulations.
Article 5.4:
In cases where a positive assurance is required that products
conform with technical regulations or standards, and relevant guides
or recommendations issued by international standardizing bodies
exist or their completion is imminent, Members shall ensure that
central government bodies use them, or the relevant parts of them,
as a basis for their conformity assessment procedures, except where,
as duly explained upon request, such guides or recommendations or
relevant parts are inappropriate for the Members concerned, for,
inter alia, such reasons as:
national security requirements; the
prevention of deceptive practices; protection of human health or
safety, animal or plant life or health, or the environment;
fundamental climatic or other geographical factors; fundamental
technological or infrastructural problems.
Article 5.5:
With a view to harmonizing conformity assessment procedures on as
wide a basis as possible, Members shall play a full part, within the
limits of their resources, in the preparation by appropriate
international standardizing bodies of guides and recommendations for
conformity assessment procedures.
Article 9.1:
Where a positive assurance of conformity with a technical regulation
or standard is required, Members shall, wherever practicable,
formulate and adopt international systems for conformity assessment
and become members thereof or participate therein.
Article 9.2:
Members shall take such reasonable measures as may be available to
them to ensure that international and regional systems for
conformity assessment in which relevant bodies within their
territories are members or participants comply with the provisions
of Articles 5 and 6. In addition, Members shall not take any
measures which have the effect of, directly or indirectly, requiring
or encouraging such systems to act in a manner inconsistent with any
of the provisions of Articles 5 and 6.
Article 9.3:
Members shall ensure that their central government bodies rely on
international or regional conformity assessment systems only to the
extent that these systems comply with the provisions of Arts. 5 and
6, as applicable. |
NAFTA |
Article 905.1:
Each Party shall use, as a basis for its standards-related measures,
relevant international standards or international standards whose
completion is imminent, except where such standards would be
an ineffective or inappropriate means to fulfill its legitimate
objectives, for example because of fundamental climatic,
geographical, technological or infrastructural factors, scientific
justification or the level of protection that the Party considers
appropriate.
Article 905.2:
A Party’s standards-related measure that conforms to an
international standard shall be presumed to be consistent with
Article 904.3 (Non-Discriminatory Treatment) and 904.4 (Unnecessary
Obstacles).
Article 905.3:
Nothing in paragraph 905.1 shall be construed to prevent a Party, in
pursuing its legitimate objectives, from adopting, maintaining or
applying any standards-related measure that results in a higher
level of protection than would be achieved if the measure were based
on the relevant international standard.
Article 906.2:
Without reducing the level of safety or of protection of human,
animal or plant life or health, the environment or consumers,
without prejudice to the rights of any Party under this Chapter, and
taking into account international standardization activities, the
Parties shall, to the greatest extent practicable, make compatible
their respective standards-related measures, so as to facilitate
trade in a good or service between Parties. |
Andean
Community |
Article 12:
The Member Countries shall use as a reference, in their process of
adoption of standards, international, regional, or national
standards from other countries. Without interfering with the above,
Member Countries may elaborate standards of national interest.
Article 32:
The Member Countries shall adopt the International System of Units
as the official units of measure for the Andean subregion. In
coordination with the Board, the Member Countries shall sponsor
activities for the dissemination and full application of this system
in all sectors of activity, public and private (Decision 376). |
CACM |
|
Group of
Three |
Article 14-06.1:
Each Party shall use, as a basis for its standards-related measures,
relevant international standards or international standards whose
completion is imminent, except where such standards would not be an
effective or adequate means to fulfill its legitimate objectives;
for example, because of fundamental climatic, geographical,
technological or infrastructural factors, in accordance with that
already established in this chapter.
Article 14-06.2:
A Party's standards-related measures that conform to an
international standard shall be presumed to be consistent with
Article 14-05, paragraphs 1 and 3.
Article 14-06.3:
In pursuing its legitimate objectives, each Party shall be allowed
to adopt, maintain or apply any standards-related measure that
results in a higher level of protection than would have been
achieved if the measure were based on the relevant international
standard because of fundamental climatic, geographical,
technological or infrastructural factors, among others. |
MERCOSUR |
Resolution GMC 152/96:
Item 4.3 |
ALADI |
Article 20.
The signatory countries undertake to structure a conceptual
framework for technical regulation and standardization as well as
conformity assessment, on the basis of international developments
and existing subregional initiatives to provide a common ground for
understanding that makes viable the harmonization required for
promoting regional trade, in accordance with the objectives of the
Association. |
CARICOM |
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Continue to: V.
ADMINISTRATIVE STRUCTURES
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