DECISION OF THE
COMMITTEE ON PRINCIPLES FOR THE DEVELOPMENT OF INTERNATIONAL STANDARDS,
GUIDES AND RECOMMENDATIONS
WITH RELATION TO
ARTICLES 2, 5 AND
ANNEX 3 OF THE
The following principles and procedures should be observed, when
international standards, guides and recommendations (as mentioned under
Articles 2, 5 and Annex 3 of the TBT Agreement for the preparation of
mandatory technical regulations, conformity assessment procedures and
voluntary standards) are elaborated, to ensure transparency, openness,
impartiality and consensus, effectiveness and relevance, coherence, and
to address the concerns of developing countries.
The same principles should also be observed when technical work
or a part of the international standard development is delegated under
agreements or contracts by international standardizing bodies to other
relevant organizations, including regional bodies.
All essential information regarding current work programmes, as
well as on proposals for standards, guides and recommendations under
consideration and on the final results should be made easily accessible
to at least all interested parties in the territories of at least all
WTO Members Procedures
should be established so that adequate time and opportunities are
provided for written comments. The
information on these procedures should be effectively disseminated.
In providing the essential information,
the transparency procedures should, at a minimum, include:
The publication of a notice at an early appropriate stage, in
such a manner as to enable interested parties to become acquainted with
it, that the international standardizing body proposes to develop a
the notification or other communication through established
mechanisms to members of the international standardizing body, providing
a brief description of the scope of the draft standard, including its
objective and rationale. Such communications shall take place at an early appropriate
stage, when amendments can still be introduced and comments taken into
upon request, the prompt provision to members of the
international standardizing body of the text of the draft standard;
the provision of an adequate period of time for interested
parties in the territory of at least all members of the international
standardizing body to make comments in writing and take these written
comments into account in the further consideration of the standard;
- the prompt publication of a standard upon adoption; and
to publish periodically a work programme containing information
on the standards currently being prepared and adopted.
5. It is recognized that
the publication and communication of notices, notifications, draft
standards, comments, adopted standards or work programmes
electronically, via the internet, where feasible, can provide a useful
means of ensuring the timely provision of information.
At the same time, it is also recognized that the requisite
technical means may not be available in some cases, particularly with
regard to developing countries. Accordingly,
it is important that procedures are in place to enable hard copies of
such documents to be made available upon request.
Membership of an international standardizing body should be open
on a non-discriminatory basis to relevant bodies of at least all WTO
Members. This would include openness without discrimination with
respect to the participation at the policy development level and at
every stage of standards development, such as the:
proposal and acceptance of new work items;
technical discussion on proposals;
submission of comments on drafts in order that they can be taken
reviewing existing standards;
voting and adoption of standards;
dissemination of the adopted standards.
Any interested member of the international standardizing body,
including especially developing country members, with an interest in a
specific standardization activity should be provided with meaningful
opportunities to participate at all stages of standard development. It
is noted that with respect to standardizing bodies within the territory
of a WTO Member that have accepted the Code of Good Practice for the
Preparation, Adoption and Application of Standards by Standardizing
Bodies (Annex 3 of the TBT Agreement) participation in a particular
international standardization activity takes place, wherever possible,
through one delegation representing all standardizing bodies in the
territory that have adopted, or expected to adopt, standards for the
subject-matter to which the international standardization activity
relates. This is
illustrative of the importance of participation in the international
standardizing process accommodating all relevant interests
C. Impartiality and consensus
All relevant bodies of WTO Members should be provided with
meaningful opportunities to contribute to the elaboration of an
international standard so that the standard development process will not
give privilege to, or favour the interests of, a particular supplier/s,
country/ies or region/s. Consensus procedures should be established that
seek to take into account the views of all parties concerned and to
reconcile any conflicting arguments.
Impartiality should be accorded throughout all the standards
development process with respect to, among other things:
access to participation in work;
submission of comments on drafts;
consideration of views expressed and comments made;
decision-making through consensus;
obtaining of information and documents;
dissemination of the international standard;
fees charged for documents;
right to transpose the international standard into a regional or
national standard; and
revision of the international standard.
D. Effectiveness and relevance
In order to serve the interests of the WTO membership in
facilitating international trade and preventing unnecessary trade
barriers, international standards need to be relevant and to effectively
respond to regulatory and market needs, as well as scientific and
technological developments in various countries.
They should not distort the global market, have adverse effects
on fair competition, or stifle innovation and technological development.
In addition, they should not give preference to the
characteristics or requirements of specific countries or regions when
different needs or interests exist in other countries or regions.
Whenever possible, international standards should be performance
based rather than based on design or descriptive characteristics.
Accordingly, it is important that international standardizing
take account of relevant regulatory or market needs, as feasible
and appropriate, as well as scientific and technological developments in
the elaboration of standards;
put in place procedures aimed at identifying and reviewing
standards that have become obsolete, inappropriate or ineffective for
various reasons; and
put in place procedures aimed at improving communication with the
World Trade Organization.
In order to avoid the development of conflicting international
standards, it is important that international standardizing bodies avoid
duplication of, or overlap with, the work of other international
standardizing bodies. In
this respect, cooperation and coordination with other relevant
international bodies is essential.
F. development dimension
13. Constraints on developing countries, in particular, to effectively participate in standards development, should be taken into consideration in the standards development process. Tangible ways of facilitating developing countries participation in international standards development should be sought. The impartiality and openness of any international standardization process requires that developing countries are not excluded de facto from the process. With respect to improving participation by developing countries, it may be appropriate to use technical assistance, in line with Article 11 of the TBT Agreement. Provisions for capacity building and technical assistance within international standardizing bodies are important in this context.