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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 III

RECENT STANDARDS-RELATED ACTIVITY
WITHIN TRADE AND INTEGRATION ARRANGEMENTS

I. ADMINISTRATIVE STRUCTURES RELATED TO STANDARDS

NAFTA The NAFTA Chapter 9 on standards-related measures requires the formation of specific sectoral Subcommittees and also an overall Committee described below.

Committee on Standards-Related Measures (CSRM): The Committee is responsible for the implementation of the provisions of the Chapter 9 on Technical Barriers to Trade. The committee has its own terms of reference which are based on the guidelines provided in Chapter 9 which includes oversight on the four Subcommittees as well as procedures for reviewing current standards issues, creation of new Subcommittees as required and encouraging cooperation in standards matters. The Committee generally meets thrice yearly in NAFTA member capitals.

Land Transportation Standards Subcommittee (LTSS): This Subcommittee is responsible for making compatible relevant standards-related measures for bus, truck and rail operations. It has five working groups focusing on specific standards areas. They are

  1. Drivers and Vehicle Standards and Compliance,
  2. Vehicle Weights and Dimensions,
  3. Road Signs,
  4. Railway Standards, and
  5. Hazardous Materials Standards.

Besides working on existing regulatory standards to facilitate cross border trade, it also reviews newly proposed regulations in member countries to maintain compatibility.

Telecommunications Standards Subcommittee (TSSC): This Subcommittee is responsible for making compatible the standards-related measures for telecommunication terminal attachment equipment. Presently its work is focused on implementing the obligations of the NAFTA Telecom chapter which requires that the Parties establish conformity assessment procedures within two years (by 1997) to allow for the acceptance of test results from other parties labs for certification purposes. It also focusses on making compatible regulatory requirements for telecommunications equipment. The work of the Subcommittee is supported by the industry-led trilateral Consultative Committee on Telecommunications (CCT).

Automotive Standards Council:

The Council is responsible for making compatible the standards-related measures that apply to automotive goods. It has an agreed terms of reference and is in the process of establishing national working groups in fours specific areas. They are

  1. Emissions/Engines/Fuels,
  2. Light Vehicle Safety,
  3. Heavy Vehicle Safety, and
  4. Parts and Equipment.

Subcommittee on Labeling of Textile and Apparel Goods:

This Subcommittee is responsible for harmonization of labeling requirements to facilitate trade in textile and apparel goods. The Subcommittee has developed its terms of reference and is presently focusing on care labeling requirements in the three countries.

Other standards-related groups and activities include:

Trilateral Standardization Forum (TSF):

The TSF is led by the three standards accreditation agencies in the member countries; namely the American National Standards Institute (ANSI) of the USA, Direccion General de Normas (DGN) of Mexico and the Standards Council of Canada (SCC). Its primary purpose is to promote harmonization in the area of voluntary standards and conformity assessment procedures in the three countries.

The NAFTA Chapter 9 on standards-related measures requires the formation of specific sectoral Subcommittees and also an overall Committee described below.

Committee on Standards-Related Measures (CSRM): The Committee is responsible for the implementation of the provisions of the Chapter 9 on Technical Barriers to Trade. The committee has its own terms of reference which are based on the guidelines provided in Chapter 9 which includes oversight on the four Subcommittees as well as procedures for reviewing current standards issues, creation of new Subcommittees as required and encouraging cooperation in standards matters. The Committee generally meets thrice yearly in NAFTA member capitals.

Land Transportation Standards Subcommittee (LTSS): This Subcommittee is responsible for making compatible relevant standards-related measures for bus, truck and rail operations. It has five working groups focusing on specific standards areas. They are

  1. Drivers and Vehicle Standards and Compliance,
  2. Vehicle Weights and Dimensions,
  3. Road Signs,
  4. Railway Standards, and
  5. Hazardous Materials Standards.

Besides working on existing regulatory standards to facilitate cross border trade, it also reviews newly proposed regulations in member countries to maintain compatibility.

Telecommunications Standards Subcommittee (TSSC): This Subcommittee is responsible for making compatible the standards-related measures for telecommunication terminal attachment equipment. Presently its work is focused on implementing the obligations of the NAFTA Telecom chapter which requires that the Parties establish conformity assessment procedures within two years (by 1997) to allow for the acceptance of test results from other parties labs for certification purposes. It also focusses on making compatible regulatory requirements for telecommunications equipment. The work of the Subcommittee is supported by the industry-led trilateral Consultative Committee on Telecommunications (CCT).

Automotive Standards Council:

The Council is responsible for making compatible the standards-related measures that apply to automotive goods. It has an agreed terms of reference and is in the process of establishing national working groups in fours specific areas. They are

  1. Emissions/Engines/Fuels,
  2. Light Vehicle Safety,
  3. Heavy Vehicle Safety, and
  4. Parts and Equipment.

Subcommittee on Labeling of Textile and Apparel Goods:

This Subcommittee is responsible for harmonization of labeling requirements to facilitate trade in textile and apparel goods. The Subcommittee has developed its terms of reference and is presently focusing on care labeling requirements in the three countries.

Other standards-related groups and activities include:

Trilateral Standardization Forum (TSF):

The TSF is led by the three standards accreditation agencies in the member countries; namely the American National Standards Institute (ANSI) of the USA, Direccion General de Normas (DGN) of Mexico and the Standards Council of Canada (SCC). Its primary purpose is to promote harmonization in the area of voluntary standards and conformity assessment procedures in the three countries.

 
Andean Community According to Decision 376 of the Board of the Cartagena Agreement, the Andean Standardization Committee has been organized to operate in coordination with the Standardization Bodies of the five Andean countries by means of a Secretary and a coordination entity.

The Commission of the Cartagena Agreement, the principal body of Andean integration which includes the countries of Bolivia, Colombia, Ecuador, Peru, and Venezuela, approved Decision 376 on April 18, 1995, which creates the Andean System of Standardization, Accreditation, Testing, Certification, Technical Regulations and Metrology.

The Andean System is administered by the Andean Standardization Committee, which is comprised of one principal representative and one alternate from each of the member countries. The role of technical support and coordination is performed by the Board of the Cartagena Agreement, which functions as the Technical Secretary of the Committee, and, among other duties, administers the operation of the Andean Standardization System, of the National Certification Bodies, of the Testing Laboratories, and of the Bodies of Accredited Certification and Metrology.

For standards-related aspects of security, health, consumer protection, the environment and national defense, the Andean System is considering the possible creation of Ad Hoc Committees comprised by experts and government authorities which oversee the relevant technical regulations.

It is important to note that the supranational legal frameworks to which the different national competent bodies are subject, in addition to Decision 376, include the provisions of the World Trade Organization Agreement on Technical Barriers to Trade, as well as those under the Cartagena Agreement, and in the technical operations area, the guidelines and directives of the international standardization organizations such as the ISO, IEC, ITU and CODEX ALIMENTARIUS.

It is also important to point out that the Andean System described above does not cover sanitary and phytosanitary aspects since these are included in Decision 328.

The Member Countries are developing the process for Andean Standards based on Technical Committees which are overseen by the national standardizing bodies. The objective is to harmonize those products’ standards that comprise intra-subregional trade. The following Technical Committees have been formed:

  1. Rational Use of Energy and Energy Efficiency: work program for 1996 includes the study of standards related to energy efficiency of electrical articles, lighting, motors, etc.;
  2. Quality Assurance and Technology: uses the ISO/CEI standards and guidelines from ISO 9000 and 10000. Most of these standards have already been approved as Andean Standards;
  3. Foods: the work program is being elaborated in coordination with the relevant bodies that oversee the CODEX ALIMENTARIUS in the Member Countries;
  4. Toy Safety: in the process of approving three toy safety standards related to mechanical and physical properties, inflammability and migration of certain elements;
  5. Gas: program comprises a study of installations of pipes for GLP in residential and commercial buildings, installation of pipes for natural gas in residential and commercial buildings, distribution of methane gas for industrial use, containers for GLP, container transport and terminology;
  6. Petroleum Derivatives: includes standardization of the majority of combustibles used in the subregion, including other derivatives such as asphalt dilutions, cationic asphalt emulsions, bituminous laminates, etc.;
  7. Industrial Chemical Products: includes products such as sulfuric acid, sodium carbonates, aluminum sulfate, sodium hydroxide, activated carbon, calcium carbonate, kaolin, flexible foams, etc.;
  8. Security: includes safety matches and safety glass; and
  9. Sanitation, Potable Water and Sewers: currently working within the CAPREANDESAPA program.

The regulations of the Andean Network of National Accreditation Bodies and the principles and philosophy of Andean Accreditation govern accreditation procedures. The regulations of the Andean Networks of Certification Bodies, Laboratories, and the Dispute Resolution Mechanisms are in the process of being approved.

The Member Countries are working in the harmonization of the procedures and requirements to obtain a Health Permit for Processed Foods, Pharmaceutical Products, and Cosmetics. In addition, the Member Countries are working on the typology, dimensions and weights for international transport of freight and passengers.

According to Decision 376 of the Board of the Cartagena Agreement, the Andean Standardization Committee has been organized to operate in coordination with the Standardization Bodies of the five Andean countries by means of a Secretary and a coordination entity.

The Commission of the Cartagena Agreement, the principal body of Andean integration which includes the countries of Bolivia, Colombia, Ecuador, Peru, and Venezuela, approved Decision 376 on April 18, 1995, which creates the Andean System of Standardization, Accreditation, Testing, Certification, Technical Regulations and Metrology.

The Andean System is administered by the Andean Standardization Committee, which is comprised of one principal representative and one alternate from each of the member countries. The role of technical support and coordination is performed by the Board of the Cartagena Agreement, which functions as the Technical Secretary of the Committee, and, among other duties, administers the operation of the Andean Standardization System, of the National Certification Bodies, of the Testing Laboratories, and of the Bodies of Accredited Certification and Metrology.

For standards-related aspects of security, health, consumer protection, the environment and national defense, the Andean System is considering the possible creation of Ad Hoc Committees comprised by experts and government authorities which oversee the relevant technical regulations.

It is important to note that the supranational legal frameworks to which the different national competent bodies are subject, in addition to Decision 376, include the provisions of the World Trade Organization Agreement on Technical Barriers to Trade, as well as those under the Cartagena Agreement, and in the technical operations area, the guidelines and directives of the international standardization organizations such as the ISO, IEC, ITU and CODEX ALIMENTARIUS.

It is also important to point out that the Andean System described above does not cover sanitary and phytosanitary aspects since these

The Member Countries are developing the process for Andean Standards based on Technical Committees which are overseen by the national standardizing bodies. The objective is to harmonize those products’ standards that comprise intra-subregional trade. The following Technical Committees have been formed:

  1. Rational Use of Energy and Energy Efficiency: work program for 1996 includes the study of standards related to energy efficiency of electrical articles, lighting, motors, etc.;
  2. Quality Assurance and Technology: uses the ISO/CEI standards and guidelines from ISO 9000 and 10000. Most of these standards have already been approved as Andean Standards;
  3. Foods: the work program is being elaborated in coordination with the relevant bodies that oversee the CODEX ALIMENTARIUS in the Member Countries;
  4. Toy Safety: in the process of approving three toy safety standards related to mechanical and physical properties, inflammability and migration of certain elements;
  5. Gas: program comprises a study of installations of pipes for GLP in residential and commercial buildings, installation of pipes for natural gas in residential and commercial buildings, distribution of methane gas for industrial use, containers for GLP, container transport and terminology;
  6. Petroleum Derivatives: includes standardization of the majority of combustibles used in the subregion, including other derivatives such as asphalt dilutions, cationic asphalt emulsions, bituminous laminates, etc.;
  7. Industrial Chemical Products: includes products such as sulfuric acid, sodium carbonates, aluminum sulfate, sodium hydroxide, activated carbon, calcium carbonate, kaolin, flexible foams, etc.;
  8. Security: includes safety matches and safety glass; and
  9. Sanitation, Potable Water and Sewers: currently working within the CAPREANDESAPA program.

The regulations of the Andean Network of National Accreditation Bodies and the principles and philosophy of Andean Accreditation govern accreditation procedures. The regulations of the Andean Networks of Certification Bodies, Laboratories, and the Dispute Resolution Mechanisms are in the process of being approved.

The Member Countries are working in the harmonization of the procedures and requirements to obtain a Health Permit for Processed Foods, Pharmaceutical Products, and Cosmetics. In addition, the Member Countries are working on the typology, dimensions and weights for international transport of freight and passengers.
CACM  
Group of Three Under Article 14-17, the Committee on Standards-Related Measures was established, comprised of equal numbers of representatives from each party. The Committee’s first meeting was held in Caracas, Venezuela in 1995. In addition, the Committee will establish a Subcommittee for Standards-Related Health Measures and, when the Committee considers it appropriate, may establish subcommittees and working groups that it considers relevant, and can determine the scope of activity and the mandate of those subcommittees.
MERCOSUR The relationship between MERCOSUR and the Mercosur Standardization Committee (CMN) is in the process of being defined. MERCOSUR submitted a proposed agreement to the CMN in order to establish its linkage in preparing technical standards within the scope of MERCOSUR.

The WSG 3 is at present composed of the standardization bodies of the four countries and Chile:

  • from Argentina: Instituto Argentino de Normalización (IRAM),
    which has a private non- profit status;
  • from Brazil: Associação Brasileira de Normas Técnicas (ABNT),
    with a private non-profit status;
  • from Uruguay: Instituto Uruguayo de Normas Técnicas (UNIT),
    private non-profit;
  • from Paraguay: Instituto de Tecnologia y Normalización (INTN),
    governmental.

The CMN has a Governing Board made up of representatives from the five standardization bodies, and sets up Sectoral Standardization Committees to carry out its work in specific areas of interest. There are at present 16 sectoral committees at work under the CMN in the following areas:

1. Electrical Power;
2. Steel;
3. Electronics and Telecommunications;
4. Toys;
5. Cement and Concrete;
6. Machinery and Mechanical Equip.;
7. Automobiles;
8. Tires, Rings and Valves;
9. Plastics for Civil Construction;		 10. Information Technology and Industrial Automation;
11. Dentistry, Medicine, Hospital Care;
12. Paper and Cellulose;
13. Quality;
14. Welding;
15. Furniture;
16. Environment;
17 Accesibilidad;
18 Tecnología Gráfica.

The CMN was created by Decision 1991-11-01 under the WSG 3, the Mercosur/GMC Resolution No. 2-92 and began its activities in 1993. The CMN is recognized by Mercosur as the only fora for the harmonization and development of standards in a voluntary scope.

The main objectives of the CMN are:

  1. Elaborate voluntary regional standards.
  2. Promote cooperation among members to facilitate the harmonization of their standards.
  3. Harmonize the political and technical positions of its members on international standardization (ISO, IEC, etc.) and related activities.
  4. Promote training in standardization, quality, etc.
  5. Encourage the development of certification systems and mutual recognition.

ALADI

  
CARICOM Standards approval is now done by the Executive Committee of the Caricom Standards Council (CCMSC) before the standards are declared by the Council of Ministers.

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II. ACTIVITY OF STANDARDS COMMITTEES

A. Adoption of International Standards

NAFTA Article 905 establishes that each Party shall utilize, as a basis for its standards-related measures, relevant international standards or those whose adoption is imminent. In this context, and with a view towards harmonization, the Parties have been working to avoid problems with market access.
Andean Community The Andean countries have adopted as national guidelines the ISO/IEC guidelines related to Standardization and Conformity Assessment procedures. In the same way the ISO Guide 31 on Qualities and Unities, 8402 on Quality Assurance and the ISO 9000 series have been adopted, so that previous national practices on Quality Certification and assurance have been modified.

The preferential order of reference documents for the adoption, elaboration, or implementation of Andean standards is as follows:

  1. International standards such as ISO, IEC, CODEX, OIML, and ITU;
  2. International standards projects;
  3. Regional standards, for example, CEN/CENELEC, COPANT standards and others;
  4. Harmonized standards between two or more countries of the ANDEAN COMMUNITY;
  5. National standards of member countries of the ANDEAN COMMUNITY;
  6. National standards of non-member countries of the ANDEAN COMMUNITY;
  7. Standards from private organizations of recognized international authority such as ASTM, SAE and API;
  8. Other documents of interest.
CACM  
Group of Three Article 14-06 establishes that each Party shall use, as a basis for its standards-related measures, existing international standards or those whose adoption is imminent, except when those standards do not constitute an effective or adequate method to achieve their legitimate objectives.
MERCOSUR Res. GMC152/96 punto 4.3

According to Mercosur Standardization Committee (CMN) regulations, the priority order in choosing sources for developing standards must be as follows:

  1. International Standards such as ISO, IEC, ITU;
  2. Regional (COPANT) Standards;
  3. European Standards CEN/CENELEC;
  4. Mercosur Member Countries National Standards;
  5. Non-Member Countries National Standards;
  6. Standards by Private Organizations enjoying International Recognition, such as ASTM, SAE and others;
  7. Other relevant documents.

ALADI

  
CARICOM These are the basis for the Regional Standards.

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B. Establishment of an Office for Standards Coordination

NAFTA At the moment the Committee and the Subcommittees are organized as forums and do not have any physical presence.
Andean Community  
CACM  
Group of Three Article 14-10 considers the establishment of an Enquiry Point for Standards-Related Measures and Conformity Assessment Procedures. To date no such office has been established.
MERCOSUR  

ALADI

  
CARICOM  

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C. Publication of Material Related to Harmonization, Coordination, or Reciprocal Recognition Efforts

NAFTA Each of the Subcommittees publishes, in summary form, the results of their meetings and any decisions taken for informing their interested parties. Significant announcements such as the formation of working groups requiring ind

ustry participation are also announced in the Official Gazettes of each country. Meetings involving industry and non-government organizations are also announced on a priori basis to allow for adequate participation from interested groups. Results of decisions made in the area of recognition of laboratories, etc., are also announced to industry.
Andean Community
CACM
Group of Three At this point, no mechanism for the publication of material related to harmonization, coordination and/or reciprocal recognition efforts has been mandated by the Standards Committee.
MERCOSUR

ALADI
CARICOM

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III. METROLOGY

A. Development of a Metrology Committee or Metrology Center

NAFTA The NORAMET is a Memorandum of Understanding (MOU) in the area of Metrology between the three national measurements laboratories in North America namely the National Research Council (NRC) of Canada, National Institute of Science and Technology (NIST) of USA and Centro Nacional de Metrología (CENAM) of Mexico. The MOU is for fostering closer cooperation, coordinate research and sharing of resources in the area of measurement.

The North American Calibration Cooperation (NACC) is a MOU in the area of calibration involving the accreditation organizations SCC, NIST and DGN and the national labs NRC, NIST and CENAM. The MOU provides a framework to establish mutual confidence and compatibility in the area of calibration with a view to Mutual Recognition of accreditation organizations and individual labs.

There is no central physical facility for Metrology or Calibration in the region.
Andean Community The Andean System operates its Metrology related work through the corresponding Andean Network for Metrology, whose specific objectives are as follows:
  1. Disseminate and apply the International System of Units in each one of the member countries;
  2. Improve the metrology infrastructure of the member countries particularly taking into account the specific needs of the lesser developed member countries;
  3. Achieve compatibility of national metrology patterns with regional and international metrology patterns;
  4. Achieve recognition of the results of mediation processes performed in the laboratories of the Andean Network for Metrology;
  5. Develop relevant plans for training and formation in metrology and related topics;
  6. Promote the accreditation of the calibration laboratories, utilizing the infrastructure of the member countries and following international processes;
  7. Achieve subregional and international recognition of certifications made by its members;
  8. Develop and maintain mechanisms that permit a continuous flow of information between the member countries in the area of metrology, in accordance with that mandated in Article 35 of Decision 376.
CACM  
Group of Three Article 14-12 establishes that the Parties will make compatible, to the greatest extent possible, their national metrological patterns using as a base existing international metrological patterns.
MERCOSUR Res. GMC 61/97: Negotiating Parties Metrology Commission under the WSG 3 that covers legal, scientific, and industrial aspects of metrology.

ALADI

  
CARICOM The individual countries are supported by the Regional Body to a limited extent to develop their metrological capabilities. Many countries have been participating in the SIM hemispheric intercomparison measurements to ensure that the regions measurements are traceable to the International primary standards.

 

Continue to: B. Participation in the Inter-American Metrology System (SIM)
 
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