Swedish National Board of Trade - Christer Arvíus

The Notification Procedure under the WTO/TBT Agreement :An Instrument to prevent New Technical Barriers to Trade

Brussels, 29 March 2007

The experience of the Member States in the TBT notification procedure

Mr C. ArvíusHead of Department for Internal Market and Technical Rules,

National Board of Trade, Sweden

Swedish National Board of Trade - Christer Arvíus

WTO TBT Agreement - Notification procedures and Enquiry Point functions

National technical regulations, conformity assessment procedures,

standards etc. (adopted or proposed)

The growth ofnew, proposed, technicalregulations, conformity

assessment procedures etc.

Notification procedures

Enquiry Pointfunctions

(everything)

Swedish National Board of Trade - Christer Arvíus

EU (Directive 98/34) and WTO/TBT (Articles 2.9, 2.10, 3.2, 5.6, 5.7 and 7.2) - notification procedures

NotificationAuthority

Other interested parties (Trade and Industry, conformity assessment bodies, standardization bodies, NGOs etc.)

Regulatory Ministries/Authorities

WTOSecretariat

ECCommission

27 MemberStates

150 MemberStates

Sending info

Receiving info

Swedish National Board of Trade - Christer Arvíus

Products on the EU Market – proportions?

Products not subjectto legislation

Products subjectto nationallegislation

Productssubject to EU

legislation

Swedish National Board of Trade - Christer Arvíus

Swedish administration - notification of draft technical regulations to EU and WTO

ParliamentMinistries:

Authorities:

SNBT

EC Com. WTO Secr.Harm. area

Non-harm. area

Swedish National Board of Trade - Christer Arvíus

Swedish Ordinance on Technical RulesSwedish Ordinance on Technical Rules((SFS 1994:2029, latest version SFS 2006:309)SFS 1994:2029, latest version SFS 2006:309)

- some main features- some main features

Provisions related i.e. to obligations for Sweden contained in WTO/TBT and WTO/SPS Agreements and in EC Directives 98/34/EG and 98/48/EC

Definitions

Provisions which government bodies should observe with regard to their technical rules;

Swedish National Board of Trade - Christer Arvíus

Government bodies shall, well in advance, communicate to the NBT proposed technical rules together with relevant basic documents and other relevant information, e.g. reasons for deviating from international or European standards

Government bodies shall upon request provide NBT with background information for preparing replies to comments. If a detailed opinion has been delivered such background information shall always be provided

Government bodies shall communicate to the NBT the text of technical rules when adopted

Swedish National Board of Trade - Christer Arvíus

The National Board of Trade shall:

- make notifications of draft technical rules to the WTO Secretariat and the EC Commission;

- inform the Government and authorities concerned about any reactions to notifications made;

- prepare for the Government draft replies to reactions made by other countries;

- after decision by the Government send replies to other countries;

- perform the functions as Enquiry Point.

Swedish National Board of Trade - Christer Arvíus

Exceptions from making notifications

Postponement of the adoption of a notified draft technical regulation (“stand still period” etc.)

National Board of Trade shall supervise the application by government bodies of the Ordinance (SFS 1994:2029) and may issue implementation regulations to the Ordinance

(such an Implementation Regulation has been issued by the NBTas KFS 1999:1; Format for communication of draft technical regulations to the NBT has also been drawn up)

Swedish National Board of Trade - Christer Arvíus

The Swedish TBT administration

the EC TBT administration

The Notification Procedure under the WTO/TBT Agreement :

&

a double eagle function in the WTO/TBT system….

Swedish National Board of Trade - Christer Arvíus

WTO systemSwedish TBT administration

WTO TBTSecretariat

EC Commission(EC Enquiry

Point &NotificationAuthority)

Other WTOMembers’

Enquiry Points

National Boardof Trade

(Enquiry Point &Notification Authority)

National stand. bodies, testing/cert. bodies,

trade and industry etc.

All SwedishRegulatory Authorities

Internationaland regional

standardizationbodies

EC CouncilWorking Parties

andStanding

Committees

EC TBT administration

Ministry forForeign Affairs

All other Swedish Ministies

Swedish National Board of Trade - Christer Arvíus

Are the EU Member states active enough?

In making notifications to WTO/TBT?

The Notification Procedure under the WTO/TBT Agreement :

Swedish National Board of Trade - Christer Arvíus

Notifications made in 2006

Country WTO/TBT 98/34Austria - 42

Belgium 2 28

Bulgaria - -

Cyprus - 1

Czech Republic 5 21

Denmark 5 24

Estonia 1 8

European Communities 40 -

Finland 5 18

France 8 57

Germany - 77

Greece - 5

Swedish National Board of Trade - Christer Arvíus

Hungary 2 15

Ireland - 6

Italy 1 20

Latvia - 10

Lithuania 1 2

Luxembourg - 2

Malta - 7

Netherlands 5 71

Poland 1 48

Portugal - 7

Romania 10 -

Slovak Republic - 9

Slovenia 13 11

Spain 3 70

Sweden 15 50

United Kingdom 2 59

(119) (668)(WTO members total 771)

Swedish National Board of Trade - Christer Arvíus

More notifications will imply increased transparency

...to other WTO members (e.g. DCs) on TRs deemed necessary

…and a comprehensive picture on TRs applicable on (your own) national market

…and no hindrance to the national decision process (since all TRs are to be notified according to 98/34 procedure etc.)

The Notification Procedure under the WTO/TBT Agreement :

Swedish National Board of Trade - Christer Arvíus

Are the EU Member states (and its “interested parties”) active enough?

In haunting for TBTs in notifications madeby third countries?

The Notification Procedure under the WTO/TBT Agreement :

Swedish National Board of Trade - Christer Arvíus

More could be done ….

Most TBT cases against other WTO members are now triggered by European Commission In Sweden we are working towards establishing a networks between NBT officials and representatives from regulatory authorities/trade and industry (in sectors/sub-sectors)

The Notification Procedure under the WTO/TBT Agreement :

Swedish National Board of Trade - Christer Arvíus

Thank you Thank you for your attention ! for your attention !