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					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. Arvíus
 Head 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


                                               Notification procedures
Enquiry Point                                                The growth of
  functions                                             new, proposed, technical
                                                        regulations, conformity
                                                       assessment procedures etc.
(everything)




                  National technical regulations,
                conformity assessment procedures,
                          standards etc.
                      (adopted or proposed)




               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

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



                                Regulatory Ministries/Authorities

Sending info
                                            Notification
Receiving info                               Authority

                     EC                                                  WTO
                  Commission                                           Secretariat



                               27 Member                                             150 Member
                                  States                                                States


                         Swedish National Board of Trade - Christer Arvíus
   Products on the EU Market – proportions?

                Products subject
                   to national
                   legislation


  Products
subject to EU
 legislation                          Products not subject
                                         to legislation




           Swedish National Board of Trade - Christer Arvíus
Swedish administration - notification of draft technical
           regulations to EU and WTO

                                  Parliament
 Ministries:




Authorities:

                                     SNBT


  Harm. area
                       EC Com.              WTO Secr.
 Non-harm. area

                  Swedish National Board of Trade - Christer Arvíus
Swedish Ordinance on Technical Rules
(SFS 1994:2029, latest version SFS 2006:309)
                     - 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 NBT
    as 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 Notification Procedure under the WTO/TBT Agreement :




The Swedish TBT administration


                                   &


                           the EC TBT administration


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

             Swedish National Board of Trade - Christer Arvíus
                      Swedish TBT administration
WTO system
                        Ministry for           All other Swedish
                       Foreign Affairs              Ministies


                      National Board             All Swedish
                         of Trade                Regulatory
  WTO TBT              (Enquiry Point &
  Secretariat        Notification Authority)     Authorities

                                                                      International
                    National stand. bodies, testing/cert. bodies,     and regional
                                 trade and industry etc.             standardization
                                                                         bodies


 Other WTO
                         EC TBT administration
  Members’
Enquiry Points              EC
                                                EC Council
                       Commission
                                               Working Parties
                       (EC Enquiry
                                                    and
                          Point &
                                                 Standing
                        Notification
                                                Committees
                         Authority)


                 Swedish National Board of Trade - Christer Arvíus
The Notification Procedure under the WTO/TBT Agreement :




    Are the EU Member states active enough?

   In making notifications to WTO/TBT?




            Swedish National Board of Trade - Christer Arvíus
                 Notifications made in 2006
         Country               WTO/TBT                   98/34
Austria                               -                        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
(WTO members total 771)               (119)                (668)
              Swedish National Board of Trade - Christer Arvíus
    The Notification Procedure under the WTO/TBT Agreement :




    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.)

                 Swedish National Board of Trade - Christer Arvíus
The Notification Procedure under the WTO/TBT Agreement :


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




     In haunting for TBTs in notifications made
      by third countries?


            Swedish National Board of Trade - Christer Arvíus
    The Notification Procedure under the WTO/TBT Agreement :

                     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)
                 Swedish National Board of Trade - Christer Arvíus
      Thank you
  for your attention !




Swedish National Board of Trade - Christer Arvíus

				
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