WTO - Review of technical barriers - Voice against Indian labs taking 10 months to test toys
By TIOL News Service
NEW DELHI, NOV 16, 2017: WTO members last week started their regular three-year review of the Technical Barriers to Trade (TBT) Agreement, proposing ideas on how to improve implementation of the Agreement at a TBT Committee meeting. They also discussed 61 trade concerns, including seven new ones concerning processed food, household appliances, automobiles, toys, tobacco, cyber security and solid waste.
Every three years, members use the "triennial review" process to evaluate how they are applying the TBT Agreement. The review is driven by members' proposals for new work, relating to specific topics addressed by the Committee. The aim of the review is to improve implementation of the TBT Agreement based on members’ experiences (for instance, by developing guidelines or best practices), and to set a plan for future work by the Committee during 2019-2021.
Since October 2017, three proposals have been put forward under the ongoing review. Two have come from South Africa and one from the United States.
South Africa's first proposal aims at making discussion of specific trade concerns (STCs) more efficient. It also seeks to enhance developing countries' participation in Committee meetings, develop best practice for national coordination through domestic TBT committees and promote the use of ePing by Enquiry Points. The second proposal by South Africa focuses on "certificates of free sale", documents that stipulate whether products meet the domestic regulatory requirements of the exporting member and which are available for sale in the domestic market of the exporting member. The US proposal on transparency seeks to improve the accuracy and availability of Enquiry Point contact details.
WTO members discussed a total of 61 specific trade concerns. The review process is scheduled to be completed in November 2018.
Specific trade concerns
India – Toys
India has amended its laws on toys and is requiring that conformity assessment and laboratory tests be carried out by laboratories accredited by India. This urgent measure was taken to protect the safety of children in light of sub-standard toys on the market, India said.
The European Union, China, the United States, Mexico and Canada were concerned that this measure supplanted India's previous approach of accepting tests undertaken in the country of manufacture, according to international standards, with a more trade restrictive approach based on national standards of the Bureau of Indian Standards. As a result of the measure, toys had to wait up to 10 months to be tested at approved Indian laboratories. Concerns were also raised about transparency, and members said the measure entered into force without notification to the WTO or a reasonable transition period.
China – Processed food
The European Union, the United States, Guatemala and Singapore expressed concern that the new certification requirements for processed foods notified by China will impose additional burdens for their industries. They recognised the need for China to ensure that food on its market was safe, but also believed that other less trade restrictive measures could be adopted, especially for certification of low-risk food and beverages. China indicated that it will postpone the enforcement of the new measure until October 2019.
Viet Nam – Automobiles
Japan, the United States and Thailand asked Viet Nam to postpone the implementation of its new regulations on automobiles, as there was uncertainty about the quality certification required from importers. Members asked Viet Nam to notify the measure, and provide an opportunity for comments.
Viet Nam said that concerns raised would be conveyed to its competent agencies, and welcomed further bilateral discussions.
European Union – Tobacco products
Cuba expressed concern with the European Union's plans to establish a traceability system for tobacco products. The EU said it would address Cuba's questions bilaterally.
