Insight Volume 7 Num 1  February   2004  Global standards policy and strategic developments. Please  use this link  to subscribe  or unsubscribe

Standards Matters at WTO; Intellectual Property Rights Antitrust and Standards;  International Standards Policy; US National Standards Policy; Regional Standards Policy; Conformity Assessment PolicyManagement System Issues;  Recent Excerpts from the Database of Government notices;   Moving on, Moving In;  Do you wonder Why?   Words to Ponder 

US, EU and Japanese Government notices of Standards and Conformity Assessment; Technology and Trade Policy & Practice (including policy studies and strategic procurements)

Standards Matters at WTO  

The WTO Committee on Technical Barriers to Trade recently declassified the minutes of their meetings July 2, 2003 and  November 7, 2003    During the July meeting the representative of the People's Republic of China offered several proposals relating to the TBT requirement  for countries to "notify" certain technical regulations to provide opportunity for consideration of international impacts of such proposed rules.  China also asked the provocative question which were the international standardizing bodies referred to by the Agreement  which develop the  relevant international standards to be taken   account of in developing technical regulations.   During the November 7 meeting  The representative of the United States noted that  areas of concern with China was the lack of notification of all of the Chinese proposals, as required under the Agreement, since not all the ministries in China had notified their proposals;  and the unnecessary restriction to use standards promulgated by only three Chinese bodies.  Senior US Government officials in Washington expressed concern that although China had notified 9 technical regulations in the concluding months of 2003, the China standards GB15629.11 and GB15629.1102, for Wireless Local Area Networks (WLAN) became effective December 1 and were  not notified under the information procedures of the WTO TBT to allow for other countries to comment. regulations that appear to require equipment makers to deal with their Chinese competitors to access the encryption standards required for wireless networks.

The most significant action at the November 7 meeting was the adoption of  WTO TBT Report of the Third Triennial Review of the Operation and Implementation of the Agreement under Article 15.4. (Document G/TBT/13).  At the First Triennial Review, the Committee reiterated that good regulatory practice for the preparation, adoption and application of technical regulations was a priority for Members to facilitate trade.  Members were invited to submit descriptions of their approach to technical regulations.  At the Second Triennial Review, the Committee noted that minimizing the use of mandatory technical regulations and utilizing voluntary international standards, where appropriate, could reduce the regulatory burden and open up market access opportunities.  One of the principal findings of the Third Triennial review is : The Committee notes that good regulatory practice can contribute to the effective implementation of the TBT Agreement, namely in the avoidance of unnecessary obstacles to trade in the preparation, adoption and application of technical regulations (including associated standards) and conformity assessment procedures, including those related to labeling.     The committee also presented concerns on newly proposed technical regulations on the registration, evaluation and authorization of chemicals (the REACH system) in the European Union that had not yet been notified to Members.  The  delegation for Japan had  understood that the proposed regulation had, as legitimate objectives, the protection of human health and the environment.  However, Japan had concerns as it would be more trade restrictive than necessary and would have a negative impact on trade and investment of non-European WTO Members

Question E-2724/02 by Rosa Miguélez Ramos to the Commission Subject: The term "sardine"  The World Trade Organisation Panel special working party has recently supported Peru against the European Union with regard to the trade name of ‘sardines’. Within the Community, Peru may now market the sardinops sagax under the name ‘sardine’. This fish, found off the Peruvian and Chilean coast, is not the same as the sardina pilchardis found in the north-west Atlantic. European consumers will be confused by this, since they will be sold as sardines a product different from what they have hitherto known as sardines. What steps has the Commission taken to prevent this? What action does it intend to take? See also Proprietary Content  On July 29, 2003 Peru and the European Commission reached a satisfactory conclusion in a dispute fundamentally based on obligations of  the Agreement on Technical Barriers To Trade.  This is a precedential case concerning the obligations of parties to the agreement on technical barriers to trade to use International Standards.

  Intellectual Property Rights Antitrust and Standards 

An Oregon court granted on November 23, 2003 the defendants motion to dismiss a  Personal Injury-Negligence and Product Liability complaint   filed last year by Jarred Abel, a former University of Oregon student, against several manufacturers of wired glass;  the Glazing Industry Secretariat Committee Accredited Standards Committee Z97.1 and the Glazing Industry Code Committee and American National Standards Institute 

According to a Wall Street Journal article January 26, 2004 by Nick Wingfield; John Wilke; and Phred Dvorak The U.S. Department of Justice has begun a preliminary investigation into the activities of the group of companies developing and promoting the Blu-ray Disc format The investigation is into whether the group's members may have acted together to impede the technical progress of a rival standard being developed by the DVD Forum,  The question at issue may be what   boundaries apply to organized groups of parties to influence (perhaps unhelpfully from one point of view)  an other wise open standards process.  In the 1987 Case of Allied Tube V IndianHead  the court  rejected petitioner's argument that its efforts to lobby the NFPA were entitled to immunity under Noerr as indirect attempts to influence state and local governments (Pet. App. 17a-19a). Relying on the principle that exemptions from the antitrust laws are to be narrowly construed, the court explained that, while submission of a recommendation to the government is protected by Noerr, antecedent anticompetitive conduct outside the political arena that injures a rival is not entitled to immunity

ANSI's patent group meets March 3 and 4 to contemplate   such policy matters as revision of the ANSI Patent Policy and Guidelines; work of the ISO/IEC IPR advisory group; The inclusion of Trade Marks in American National Standards (see Standards Action public review request for comments on incluidng commercial names terms and conditions)  and definitions of reciprocity under discussion within ITU/T Director's ad hoc on IPR 

FTC's issued on February 24, 2004  a press release summarizing the decision  to dismiss the case FTC v. Rambus and published  300 plus pages of legal analysis behind the decision to dismiss the case  See also  Rambus

In an decision November 26 2003,  Administrative Law Judge (ALJ) D. Michael Chappell dismissed a complaint brought earlier this year by the FTC  that charged Union Oil Company of California (Unocal) with committing fraud in connection with regulatory proceedings before the California Air Resources Board (CARB)  The ALJ stated that Unocal's conduct constituted "petitioning" of a governmental authority and was therefore entitled to antitrust immunity under the Noerr-Pennington doctrine.  See Unocal    and  FTC Initiatives in Intellectual Property by Joseph J. Simons, Director Bureau of Competition Federal Trade Commission     The FTC trial counsel  filed an December 2  appeal seeking to have the complaint reinstated

New by GTW  inventory and text of more than 100   Department of Justice business review letters applicable to IPR in standards setting;  conduct of standards setting and Association management programs   dating to 1968  and   ADVISORY OPINIONs AT THE FEDERAL TRADE COMMISSION   applicable to Standards setting organizations  dating to 1971 

International Standards Policy 

GTW Associates President Willingmyre will participate as an invited guest to the Eleventh  meeting of the Industry cooperation on Standards and Conformity Assessment to be held March 23-24-25 in Bonn.  According to the  Mission and Goals on the ICSCA web site  ICSCA members share a vision of increased trade and commerce through the appropriate application of industry used standards and the believe that such standards should add value to the products affected by them.  ICSCA work has been focused upon conformity assessment requirements and agreeing upon ways to improve the global "system" for standards development. GTW will present  "Communalities and differences in regard of IPR policies of SDO's" based on updates to the May 2002 web site survey Intellectual Property Rights Policies of selected standards developers

The three  most strategic International Standards  policy developments within recent years are the 2003 document  GLOBAL RELEVANCE OF ISO TECHNICAL WORK AND PUBLICATIONS  explaining how ISO documents may be relevant to multiple markets  whilst those markets may have varied specific requirements;  the counterpart 2003  Guidance package for implementation of Essential Differences in Requirements in IEC Standards  AC/70/2003;  and the 2002  Decision of the TBT committee on principles for the development of international standards,  guides and recommendations  setting out the characteristics which the TBT committee concluded should apply to the setting of International Standards.  Were we to include guidance from the past decade the list would include the 1990's Annex 3 to the Agreement on Technical Barriers to Trade : Code of good practice for the preparation, adoption and application of standards setting out expectations for government and private sector setting of voluntary standards; the ISO/IEC  Guide 59 Code of Good Practice for standardization completed as a parallel "code" to the TBT Annex 3  and the ISO Council Resolution 40/1993 November 23, 1993 approving ISO/IEC Guide 59:1994 and discussing its 
and its relation to the TBT Code of Good Practice

The first phase of the World Summit on the Information Society was hosted in  Geneva by the Government of Switzerland from 10 to 12 December 2003.  The Declaration of Principles WSIS-03/GENEVA/DOC/0004 concluded in paragraph 44 Standardization is one of the essential building blocks of the Information Society. There should be particular emphasis on the development and adoption of international standards. The development and use of open, interoperable, non-discriminatory and demand-driven standards that take into account needs of users and consumers is a basic element for the development and greater diffusion of ICTs and more affordable access to them, particularly in developing countries. International standards aim to create an environment where consumers can access services worldwide regardless of underlying technology.

The 30th International Federation of Standards Users (IFAN)  Members' Assembly took place on 2-3 October 2003 in Paris, France.  The most important issues discussed were: providing comments on the ISO Horizon 2010, participation in ISO/TMB Advisory Group on Corporate Social Responsibility and promotion of IFAN.  IFAN and CEN  signed a Memorandum of Understanding which establishes principles and guidelines to govern cooperation between these two organizations

U.S. Senate Committee on Governmental Affairs Hearing December 9, 2003 Fair or Foul: The Challenge of Negotiating, Monitoring, and Enforcing U.S. Trade Laws  will review the impact of shifting global economic forces on the federal government’s ability to negotiate, monitor and enforce trade agreements. The hearing will examine whether current staffing levels within the federal government’s trade agencies, namely the Department of Commerce and the Office of the United States Trade Representative, are adequate to achieve these agencies’ missions.

US National Standards Policy  

Department of Commerce Under Secretary for Technology Philip Bond was key note speaker at a  high level by invitation only meeting Innovation and Legislation—Standardization in Conflict December 3 and 4 in Washington DC  sponsored by Sun Microsystems, Georgetown University Law Center, AOL Time Warner, Global Inventures, Oracle, and Samsung.  Mr Bond's paper prepared for the converence  A Call to Action Addressing the Impact of Standards and Technical Regulations on Trade is an excellent overview of  Secretary Evans "Standards Initiative" launched earlier in 2003.  The event followed by nearly exactly one year a similar strategic meeting  December 12 & 13, 2002 at MIT: The Nature and Future of ICT Standardization  The 2002  meeting was sponsored by MIT; the US Department of Commerce; and the Information Technology Industry Council. Ms Sherri Bolin  is preparing a second edition for 2003 of the "Standards Edge" comprehensive compilation of the presentations of the 2002 conference

According to informal reports by Heidi Hijikata  DOC ITA  primary contact  to U.S. industry on standards issues and Mary Saunders at NIST   Industrial roundtables  conducted last summer and Fall identified areas of standards-related concerns: General concerns for standards and conformity assessment procedures Regulatory issues ISO/IEC concerns Funding issues Trade negotiating issues Need for greater outreach industry/government collaboration. An assessment of Commerce standards-related activities  was presented to Secretary Evans  at  the end of January 2004 There will be further consultation  with other government agencies and advisory committees. A Final report, with recommendations and action plan will be made publicly available March 2004.  See Dedicated US DOC web site for continuing information 

ANSI offers two "free" web based tutorials on the US standards System    Why Standards Matter
is designed as an introduction for management and technical personnel in business, industry association management, government, and public policy; university faculty and students; engineers, quality control and purchasing staff; consumers; and those new to organizations that develop standardsU.S. Standards – Today and Tomorrow is on the U.S. national standards systems and is an intermediate-level course that supplements basic standards education. It provides more in-depth knowledge about the development, role and impact of domestic standards on government, business, trade and professional associations, and includes a module for university faculty and students.

The U.S. Chamber of Commerce convened a public  kick-off February 17 of a  new DIN-Info-Point service intended to provide U.S. industry and business more efficient access to a database of almost one million German and European standards.  Dr. Torsten Bahke, CEO, DIN explained the new service as one step in improving communication and advancing  the idea of world-wide standardisation on the basis of uniformly valid rules. Dr Bahke identified problems in this regard at a meeting at the Chamber nearly one year ago.   DIN committed last year after the meeting  to establish standardization information bureau in Washington D.C. in cooperation with the US Chamber of Commerce.  Mr George Deeley, Director, Programs and Services for the US Chamber Euope/Eurasia International Division will staff the operation.  Email enquiries to  and phone number for DIN at the Chamber will be 202 463 5774

Andrew Updegrove,  host of the helpful web site , was key note speaker at the 30th annual meeting of the Standards Publishers Advisory Board (SPAB) February 1-3 in Clearwater Florida  Andrew spoke on among  other topics A LOOK INTO THE FUTURE: NOT "STANDARDS", BUT "COMMONALITIES"  Charles Picasso, President and COO  of IHS Engineering  shared his vision for the future contributions of Information Handling  services to the standards community. GTW Associates presented on the topic of the Governments role in standards; drawn largely from the paper  Legislative and Regulatory Underpinnings of US Government use of Standards in Technical Regulations and Procurements    GTW observed that  some USG
processes for  setting of voluntary standards  may fall short of the due process expectations of most voluntary consensus standards private sector activity and requirements  noted in the TBT code of Good Practice   Congratulations to Conference organizer IHS executive Alison Ruger and to Program Chair Don Snyder UL. 

What is the Multiple Path group? according to the ASME ANNUAL REPORT TO COUNCIL ON PUBLIC AFFAIRS JUNE 15, 2002-JUNE 16, 2003    Six meetings of major SDOs have been held to discuss international standards policy and ways SDOs can work with government agencies and Capitol Hill staff and committees to resolve issues. This group also is working on ways to convince Latin American and Pacific Rim governments that ISO standards are not synonymous with international standards. This informal group will continue to meet and plan action on a variety of domestic and international codes and standards-related issues. Result: These meetings have resulted in a stronger working relationship, particularly among ASME, ASTM, and NFPA on a variety of domestic and international issues

On December 19, 2003  the European Commission released its nineteenth annual report on barriers to trade and investment in the US, detailing the obstacles that EU exporters and investors face in the US.

In an address to the Coalition of Service Industries on December 2, 2003, United States Trade Representative Robert Zoellick discussed the crucial role that the services sector plays in the U.S. economy,  The European Commission has asked the European Standards Organisations (CEN, CENELEC and ETSI) to examine the needs of the service sector.  A mandate, supported by the Member States, was issued in October 2003, which asks that the three organisations to propose a programme of standardisation work.  This should be made up of those standards which are thought to be most needed to help create the internal market for services. A strategic workshop on standardization for services will take place in Brussels March 9, 2004.  Public and Private sector policy makers  have recognized that Transparent and fair domestic regulatory processes are absolutely vital for trade and investment in services due to their highly regulated nature. Recently the USCIB has received a grant to  develop A 'toolkit' of sample laws, regulatory models, and examples of other countries' initiatives in applying transparency disciplines. These will help simplify the implementation of transparent rule-making and licensing practices.  Mr Zourek, Deputy Director General of Enterprise  Directorate-General of the European Commission addressed CENELEC General Assembly on 3 and 4 June 2003 Helsinki In its document on the Internal Market Strategy, the Commission has also announced to make wider use of standardisation in the achievement of the Internal Market for services.   Standards for trade in services  have   increasing strategic implications for any business aspiring to compete in a global marketplace for services.  GTW concluded in comments to USTR in 2002 The Decentralized Sector-specific US approach to standards is both a   Strength and Weakness. The US approach distributes activity close to experts and local conditions… but decentralization by topic and by locality presents coordination challenges and multiple solutions, often local rather than national requirementsThe United States public and private sectors have not yet perceived the threat or opportunity presented by such "horizontal" approaches to the creation of significant  regional or even international standards that will apply to deliver of services in the future global market.  The International Organization for Standardization (ISO) Consumer Policy Committee (COPOLCO) continues discussion of generic guidelines for  standardization of services  with sector attention to  Tourism and Financial services.

ASTM point of view on a 2003 proposal within the Pacific Area Standards Congress for an International Accreditation of standards developers   ... the  whole concept is unacceptable and assumes the need or desire to derive global identity from a competitive, private sector organization. The proposal ignores the marketplace, specific industry sectors and the role of the individual participant. The proposal suggests more bureaucracy, more central control, less flexibility and more top down governance.  We have a successful and highly respected standards system in the US supported by an outstanding group of technical experts from around the world. We believe that the market can decide standards use issues 

Regional Standards Policy  


December 12 TOKYO DECLARATION FOR THE DYNAMIC AND ENDURING JAPAN-ASEAN PARTNERSHIP IN THE NEW MILLENNIUM  Promote more opportunities for trade in goods and services such as through opening and enlarging markets, progressively eliminating non-tariff barriers including technical barriers to trade, enabling economies of scale for industries, and enhancing cooperation in standards and conformance and mutual recognition arrangements

Asia Pacific

Courtesy of Ajit Jilla of NIST is the  NIST MEP Manufacturing Futures Group  latest research on the factors that drive China s economic growth and how these trends do and will continue to impact U.S. manufacturing  Research: Manufacturing Drives China's Economic Growth

Excerpt from 2003 REPORT TO CONGRESS ON CHINA’S WTO COMPLIANCE December 11, 2003 United States Trade Representative  China’s goal is to have 70 percent of its national standards based on international standards within 5 years. However, in a number of sectors, including, for example, telecommunications equipment, electrical products, building materials, heating and air conditioning equipment, autos, wireless local area networks, whiskey and fertilizer, concern has grown over the past two years as China is actively pursuing the development of unique requirements, despite the existence of well-established international standards.

U.S. Department of Commerce (DOC) hosted a January 15, 2004 planning session in Washington, DC, for a U.S.-China Standards and Testing Workshop tentatively scheduled for May 2004 in Beijing

The National Electrical Manufacturers Association (NEMA) received a  Market Development Cooperator Program (MDCP)  award of $387,106 in federal funds, which when coupled with NEMA’s over $800,000 in private sector funds, will be used by the association over the next three years in support of its China Initiative

An ANSI delegation met with representatives of the China National Institute for Standardization (CNIS) on Tuesday, December 16 at ANSI headquarters in Washington , DC . The meeting gave CNIS an opportunity to learn about the National Standards Strategy for the United States (NSS) and its implementation, the structure of the U.S. standardization system, the  role of government in standardization, the relationship between standards and the law, financial issues, training and education


New by GTW :  Overview of European Approach to Regulations and Standards

The European Standards Organizations, CEN, CENELEC and ETSI, and the American National Standards Institute (ANSI)  held their annual information exchange meeting in the ETSI Headquarters at Sophia Antipolis, France, on January 22-23, 2004

According to research of  Dr. Tim Büthe  and Mr. Jan Martin WitteProduct Standardization in Europe and the United States: Key Challenges for the Transatlantic Business Community  presented October 10, 2003  at a luncheon sponsored by the American Institute for Contemporary German Studies (AICGS)  in Washington DC,  "The differences between the German or European model and that of the United States form the basis of the problems in the international standardization process." 

"A 'Single European Voice' in International Standardization? American Perceptions, European Realities," is a  December, 2003 analytical report  by former AICGS  Fellow Jan Martin Witte notes,   "Product standards are an increasingly prominent item on the transatlantic political agenda. While quantitative trade restrictions are less and less relevant in EU-U.S. trade relations, non-tariff barriers, such as product standards, have become the tool of choice for firms and policymakers determined to protect parochial commercial interests. As a result, divergent national product standards are now a frequent cause of conflict between Americans and Europeans. This applies both to mandatory (regulatory) as well as voluntary product standards."

In response to the changing global standards and political environment and both the Council Resolution of 1999 and the Council Conclusions of 2002 the Commission, in its working document on “the Role of Standardisation in Support of European Legislation and Policy” has identified key areas where the European standardisation system and the instruments available to European standardisation policy can and should be further improved.

E-0745/03 by Jens-Peter Bonde to the Commission Subject: List of standards Will the Commission publish a list of all standards that are considered binding under EU directives and regulations stating both the total number of pages and whether they should be added to the figure of 97 000 pages of EU rules recently produced by the Commission?

E-0858/03 by David Bowe to the Commission Subject: Printer cartridges Does the Commission not think that it should take action to protect the environment and consumers’ rights by firstly ensuring that the public are informed that ‘smartchips’ in ink cartridges do not in any way measure the amount of ink in the cartridge, but simply report via software to the user an estimated value based on an algorithm created by the manufacturer? Will the Commission also investigate the possibility of malpractice by the manufacturer?

E-1240/03 by Chris Davies to the Commission Subject: EU waste strategy  Commission does not have plans to introduce requirements for the minimum content of recyclable materials in all goods and packaging.

Proposal for a Directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (codified version)"   ‘Standards shall be regarded as harmonised once they are drawn up and adopted by a recognised standards body, and published under national procedures.  In actual fact the standards are those drawn up by CENELEC (2). (2) European Committee for Electrotechnical Standardization.(COM(2003) 252 final — 2003/0094 (COD))

Proposal for a Directive of the European Parliament and of the Council on injunctions for the protection of consumers' interests (codified version  The purpose of this proposal is to undertake the codification of Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interests

Judgment of the Court of 6 November 2003 in Case C-101/01  (Directive 95/46/EC — Scope — Publication of personal data on the internet  Definition of transfer of personal data to third countries — Freedom of expression — Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State)  Publication of personal data on the internet


Conformity Assessment Policy

The National Institute of Standards and Technology (NIST) announces 11/14/2003 the establishment of a sub-program under the National Voluntary Conformity Assessment System Evaluation (NVCASE) program to recognize accreditors of certification bodies involved in organic production and processing

Council Resolution of 10 November 2003 on the Communication of the European Commission "Enhancing the Implementation of the New Approach Directives INVITES THE COMMISSION: To propose appropriate initiatives in the fields of conformity assessment and of market surveillance

12/19 2003/887/EC Commission Recommendation of 11 December 2003 on the implementation and use of Eurocodes for construction works and structural construction products (notified under document number C(2003) 4639) (1)

1/14/2004 announcement of the Transferring of conformity assessment service on evaluation of security and conformity systems for IT-related products On April 1, 2004, the above service is transferring from the National Institute of Technology and Evaluation to the Information-technology Promotion Agency, Japan

2/16/2004 Registration of a designated conformity assessment body under the Agreement on Mutual Recognition between Japan and the Republic of Singapore

Management Systems  

E-1379/03 by Anne Jensen to the Commission Subject: Multi-Stakeholder Forum  The Commission has set up a Multi-Stakeholder Forum to ensure, among other things, the exchange of experience and good practice at EU level while seeking to establish common guiding principles for corporate social responsibility also at EU level. What has this Multi-Stakeholder Forum cost to date? What result does the Commission expect from this forum?

Courtesy of Dale Misczynski of The Agile Strategies Group is information  about a web based petition to ISO Secretary General Alan Bryden in order to ...   respectfully raise our concerns regarding the decline in ISO 9001:2000 certification growth from 1994 to the present. We feel this is an issue that has serious ramifications, but which has not been properly addressed to date.  According to the petition  "In a far more pointed comment published in the November 2003 issue of Quality Digest, ANSI-RAB President Robert H. King wrote that people questioning the growth of ISO are “alarmists with an interest in fueling controversy” who “have exploited these misunderstandings to gain competitive advantage.” " The petition continues, "The ongoing mischaracterization of those concerned with the growth of ISO 9001 [SIC]  is misguided, cynical trouble-makers is unfair and unfortunate. It must be corrected."

The International Organization for Standardization (ISO) Technical Committee (TC) 176, Sub-committee (SC) 2, Quality Systems, has asked for international participation in a  survey of user experience with ISO 9001:2000 and ISO 9004:2000.  A website questionnaire has been designed to determine users' concerns and recommendations with regard to these standards, their suitability and their application

A European   Best Procedure report entitled “Public policy initiatives to promote the uptake of environmental management systems in small and medium-sized enterprises” was the focus of a Brussels "Towards Sustainable Production in SMEs"  Conference February 10, 2004 . The report was prepared by an Expert Group made up of Commission and governmental representatives together with an expert from the European Association of Craft, Small and Medium-sized Enterprises (UEAPME). It will be of interest to all those involved in promoting the adoption of environmental management systems by SMEs.

ISO standards initiatives  on external customer dispute resolution systems and market-based codes of conduct have significant implications for the global  business sector and continuing GATS discussions.  These two standards in process combine with an International Draft applicable to "complaints handling"  The first meeting of the Working Groups was  held in conjunction with the plenary meeting of ISO TC176 in October 20-24, 2003 in Bucharest, Rumania.  Next meeting is in Ottawa, Thursday April 29 – Sunday, May 2

Excerpts from the Database of Government notices

Recent Federal Register Excerpts

2/25 Information for Self-Certification Under FAQ 6 of the United States--European Union Safe Harbor Privacy Framework  

2/20 Costs and benefits of Federal regulations; OMB  report to Congress

2/17 U.S.-Andean Free Trade Agreement; intent to initiate negotiations; hearing and comment request for identification of non tariff barriers to trade

1/28 CPSC Regulatory Review Program; systematic review of Commission regulations

1/21 NIST Request for Comments on Deployment of Internet Protocol, Version 6

1/12 FDA Registration of food facilities; questions and answers regarding interim final rule

Recent EU OJ Excerpts 

Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances (codified version) (1)

Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste

Case T-375/03: Action brought on 14 November 2003 by Fachvereinigung Mineralfaserindustrie e. V. Deutsche Gruppe der EURIMA — European Insulation Manufacturers' Association against the Commission of the European Communities Germany’s measure to promote the use of insulating materials produced from renewable raw materials is to be considered compatible with the EC Treaty

E-3806/02 by Karin Junker to the Commission Subject: Commission and Member State ICT projects in developing countries What specifically is the Commission doing for developing countries, especially for ACP countries in terms of ICT? What programmes and activities are there and of what nature? What are other Member States doing for developing countries with regard to ICT?

E-0699/03 by Bart Staes to the Commission Subject: Investigation into protection of the ink cartridge market The Commission can confirm that it has recently initiated a case concerning, amongst others, the inkjet cartridges and printers sectors. It is currently analysing the conduct of a number of companies in these markets in light of the Community’s competition rules.

E-2113/03 by Erik Meijer to the Commission Subject: Emergence in Europe of a new monopoly on dissemination of information via the Internet and worrying collection of personal data  private quality standards voluntarily adopted by the operators

Case C-510/03: Action brought on 4 December 2003 by the Commission of the European Communities against the Federal Republic of Germany  in particular gas-fuelled water heaters, the Federal Republic of Germany has failed to fulfil its obligations under Article 4 of Directive 90/396/EEC; 2. order the Federal Republic of Germany to pay the costs.

Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms  concerning the traceability and labelling of genetically modified organism

E-1503/03 by Kathleen Van Brempt to the Commission Subject: Insurance according to astrological star sign  Is it prohibited to  launch a motor insurance product whose features were linked to the zodiacal sign of the policyholder.

Recent Excerpts Japan

Ministry of Health, Labor and Welfare (MHLW) Public Comment on the enforcement of the Revised Pharmaceutical Affairs Law (Draft). (Re the establishment of GPSP <Good Post-marketing Surveillance Practice> and a partial amendment to the standard for documents pertaining to the re-examination of pharmaceuticals, etc.) Comment Period: 2/6/04-3/5/04

Holding of Japan Open Source Software (OSS) Promotion Forum On November 14, 2003, the establishment of the Japan Open Source Software (OSS) Promotion Forum was announced at the “Japan-China-Korea Open Source Business Talks,” an international symposium held in the City of Osaka, and hosted by Japan Information Technology Services Industry Association (JISA; Chairman Mr. Yujiro Sato). The first meeting of the Forum will be convened as below, with the Information-technology Promotion Agency, Japan (IPA; Chairman Mr. Buheita Fujiwara) acting as secretariat.

First Meeting on Industrial Accidents  Given the recent frequent occurrence of industrial accidents on site in manufacturing plants, in order to ensure the fundamental principle that similar accidents do not occur again, it is important to take a perspective of accident prevention in industry as a whole and to share information on accidents across industrial sectors. The First Meeting on Industrial Accidents was held on January 29, 2004

 METI Reference Guideline for Intellectual Property Information Disclosure

Ministry of Public Management, Home Affairs, Posts and Telecommunications ( MPHPT )  Public Comment on "The MPHPT Policy Evaluation Basic Plan Draft" and "The outline of the major policies and measures to be implemented by MPHPT in 2004, and their implementation measures

Final Report from "Roundtable on Info-Communications Software" Released  Since March 2003, MPHPT has been holding the "Roundtable on Info-Communications Software" with the purpose of deliberating upon basic directions concerning digital content, ICT security and human capacity building that target various current topics and solutions thereof.

Ministry of Economy, Trade and Industry (METI)  Public Comment on "Guidelines for privacy protection with regard to Digital Tags" Comment Period: 1/21/04-2/20/04

Ministry of Public Management, Home Affairs, Posts and Telecommunications ( MPHPT ) Public Comment on the standard certification system for radio facilities that change functions according to the software used. (SDR: Software Defined Radio) Comment Period: 12/15/03-3/15/04

Ministry of Health, Labor and Welfare (MHLW) Public Comment on draft material on Good Laboratory Practice (GLP) conformity confirmation. Comment Period: 12/25/03-1/26/04

Intellectual Property Policy METI  Intellectual Property Policy Q & A

 Recent US Strategic Procurements 

2/10 DOL049RP00002  assist OSHA in carrying out its statutory responsibilities in the area of standards and guidance material development

2/4 NIH-ES-04-06  NIH Evaluate the Toxic and Carcinogenic Potential of Cell Phone Radio Frequency Radiation

2/3  DTFH61-04-R-00007 Federal Highway Administration contract to ARINC, Inc. for Dedicated Short Range Communications (DSRC) Standards Testing.

2/2  223-04-6050 FDA Evaluation of the Physical Parameters Associated with the Performance of Medical Devices and Electronic Products


1/9  SA1301-04-RQ-0018 Standards Advisor to Morocco

12/19 PR-HQ-04-10386  EPA Office of Enforcement and Compliance (OECA) Technical Support for Compliance Assurance

12/4 DTFH61-03-R-00125  DOT Technical Support for Transportation Communications Systems Analysis evaluate communication standards that have been under development for the last several years

12/2  DG1350-04-RQ-0015  SABIT Standards Facilitator program in Standards to train standards, certification, and testing professionals from Russia and the New Independent States (NIS).

Recent EU Strategic Procurements

2/18 2004/S 34-029202  helpdesk with information regarding import documentation for the EU and its Member States, relevant EU legislation

2/18  2004/S 34-029215  Brussels: regional seminar on SPS issues for ASEAN countries

2/17    2004/S 33-028404   14,641,500 EUR  Brussels: ALA - support to China's integration into the world trading system

2/14  2004/S 32-027723  Study on the quality of standardisation and Directive consolidating and strengthening elements common to all New Approach Directives

2/5  2004/S 25-021386 Brussels: analysis and definition of common characteristics of trustmarks and web seals in the European Union

1/27  2004/S 18-014732 Economic assessment of the barriers to the Internal Market for services

1/2  2004/S 1-000078    study on indicators of regulatory quality

Moving On, Moving In

Evangelos Vardakas Director, Directorate G: Single Market: regulatory environment, standardization and New Approach,  Enterprise DG, European Commission retired at the end of 2003. GTW Associates President Willingmyre  reflected  on the occasions  he and Evangelos  interacted during careers devoted to standardization policy and strategy in a December 2003 retirement note

David Lazenby, Director of British Standards (BSI) retired in 2003. 

In June, Microsoft hired Marshall Phelps as Corporate Vice President and Deputy General Counsel, Intellectual Property  Phelps previously  served as IBM vice president for intellectual property and licensing. Phelps declared at an ANSI meeting in 1997,  INTELLECTUAL PROPERTY MATTERS INCREASINGLY INVOLVE INDUSTRY DEVELOPED STANDARDS OFTEN PROTECTED BY PATENTS, COPYRIGHTED MATERIALS OR EVEN TRADE SECRETS

Colleen Morton recently left the  Information Technology Industry Council.  as Vice President Technology and Trade  to join Nathan Associates. Colleen had succeeded  Kathleen Hauser at  ITIC VP position in 2003.  Patrick Morris new Executive Director InterNational Committee for Information Technology Standards  INCITS committee

Long term standards policy offical and story teller Walter Leight retires from NIST

Key new professional staff member link to voluntary standards community Olwen F. M. Huxley at the Committee on Science, Subcommittee on environment technology and standards. 

Mrs. Elena Santiago became Director General of CENELEC on 1 January 2004. Mrs. Santiago joined CENELEC last September sharing responsibilities temporarily with former Secretary General Parlevliet.

  Do you wonder ?

Three Traits may be combined to describe  most any standards development process ... Fast; ... Low Cost; ...  High Quality.  Pick any two.  Anonymous standards career truism  George Willingmyre, February 2004 


Words to Ponder    

Then a ploughman said, Speak to us of Work.  And he answered saying: You work that you  may keep pace  with the earth and the soul of the earth. For to be idle is to become a stranger and to step out of life's procession... Always you have been told that work is a curse and labour a misfortune...But I say to you...and all work is empty save when there is love; and when you work with love you bind yourself to yourself and to one another and to God.  And what is it to work with love? It is to weave the cloth with threads drawn from your heart, even as if your beloved were to wear that cloth.  It is to build a house with affection even as if your beloved were to dwell in that house. It is to sow seeds with tenderness and reap the harvest with joy, even as if your beloved were to eat the fruit.  ...And if you cannot work with love but only with distaste, it is better that you should leave your work and sit at the gate of the temple and take alms of those who work with joy.  For if you bake bread with indifference, you bake a bitter bread that feeds but half man's hunger.  And if you grudge the crushing of the grapes, your grudge distils a poison in the wine.  And if you sing though as angels, and love not the singing, you muffle man's ears to the voices of the day and the voices of the night.   The Prophet by Kahlil Gibran on Work

US Defense Secretary Donald Rumsfeld Wins UK 'Foot in Mouth' Award LONDON (Reuters) - A comment last year by  on the hunt for Iraq  weapons of mass destruction  Monday December 1 wins by Britain's Plain English Campaign  "Foot in Mouth" prize "Reports that say something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things we know we know," Rumsfeld told a news briefing. "We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns -- the ones we don't know we don't know."

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