Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - FAO / WHO / WTO / Codex - 2018

WTO News Item, 19 June 2018

TBT AGREEMENT - WTO members intensify discussions on standards

WTO members continued their 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 on 19-21 June. Eleven new proposals were submitted by members, with the committee scheduled to conclude the review by November 2018. Members also discussed 61 specific trade concerns, 8 of which are new.

8th Triennial Review

The review process for the Technical Barriers to Trade Agreement started in November 2017 and is scheduled to be concluded at the TBT committee's 14-15 November 2018 meeting. Every three years, WTO members 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 TBT Committee.  The proposals submitted addressed the following themes:

Transparency

• The proposal submitted by the United States (G/TBT/W/535) is for members to provide up-to-date website information identifying the location of adopted final texts for technical regulations, as well as applicable conformity assessment procedures, and to task the WTO secretariat to maintain this information as a publicly-available list.
• The proposal submitted by Switzerland (G/TBT/W/536) is to improve the transparency on the handling of comments on notified draft measures by recommending the publishing of comments and replies online, on a voluntary basis.
• The proposal submitted by Australia (G/TBT/W/537) is to improve the notification process by using keywords in notifications, adding new fields in the notification document to indicate final measures and date of entry-into-force, and improving the effective use of ePing, the notifications alert system.

Labelling

• The proposal submitted by the European Union (G/TBT/W/534) is for the TBT committee to discuss how to facilitate compliance with mandatory marking and labelling requirements on imported products and to develop recommendations or guidance to support members in this respect.

Risk assessment, Quality Infrastructure and certification

• The proposal submitted by Chinese Taipei (G/TBT/W/530) is for members to take a holistic approach to risk assessment in committee discussions, including the use of risk assessment in respect of conformity assessment procedures, standards, and technical regulations.
• The proposal submitted by the United States (G/TBT/W/531) recommends various elements for thematic discussion among members as part of developing practical guidelines to support regulators' use of trade facilitative conformity assessment procedures, including national quality infrastructure (NQI), and use of international and regional systems.
• The proposal submitted by Brazil (G/TBT/W/533) encourages members to resume debate on the Indicative List of Approaches and suggested that thematic sessions be held to discuss practical examples of acceptance of conformity assessment results

How to use standards in regulation

• The proposal submitted by Canada (G/TBT/W/529) is for holding a workshop on the issue of incorporating standards by reference in regulation, and to discuss best practices and potential ideas for international guidelines on policy considerations when referencing standards.

Gender

• The proposal submitted by Canada (G/TBT/W/532) is for holding a session on the role of gender in the development of standards and technical regulations, to encourage an exchange of experiences by governments and standards development organizations, and to discuss ongoing work in this area.

How to improve technical assistance

• The joint proposal submitted by the Philippines, Mauritius and Uganda (G/TBT/W/538/Rev.1) is to check the feasibility of expanding the current Standards and Trade Development Facility (STDF) dealing with the WTO Agreement on Sanitary and Phytosanitary Measures (SPS agreement) to include TBT matters, or to set up a dedicated TBT development facility.

Making the technical barriers to trade committee more efficient

• The proposal submitted by Brazil (G/TBT/W/533, Section 2) is for members to consider the creation of a voluntary procedure for ad hoc consultations to promote resolution of trade concerns
• The proposal submitted by United States (G/TBT/W/539) is to discuss appropriate participation of, and best practices for, observers to the TBT committee

Specific trade concerns

WTO members discussed a total of 61 specific trade concerns, 8 of which are new. Below is a summary of the new concerns. A full list of the trade concerns is available here. For more information on previous trade concerns see the 20-22 March 2018 and 8-9 November 2017 meetings.

[Note the following are only those items link to food]

1. Brazil — labelling of beverages, wine, and grape derivatives

The EU questioned a recent directive in Brazil on the labelling of beverages, wine, and grape derivatives. The EU maintained that the new requirements, including how the product denomination and list of ingredient must be indicated on the label, could hinder international trade, and urged Brazil to follow the international standards of the International Organization of Vine and Wine (OIV). Brazil said that the process of developing this directive was carried out in a transparent manner and in line with the WTO TBT Agreement.  Public consultations on the draft resolution were notified to the WTO, and Brazil said answers to the concerns raised will be provided as soon as possible.

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5. Indonesia —Safety and Quality Standard of Alcoholic Beverages

Indonesia has introduced a draft regulation by which alcoholic beverages imported into its market have to meet specified safety and quality standards, in addition to new labelling and advertising requirements. Mexico expressed concern with the new standards, in particular with respect to advertising restrictions and the maximum established level of methanol in alcohol beverages, which is below the amount used in the production of tequila. Mexico asked Indonesia to clarify whether this specific requirement applied to tequila. Indonesia explained that this standard is used to support public morals and that the advertising restrictions apply to alcoholic beverages regardless of their origin.

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8. Indonesian  — National Standard and certification requirements for the import of biscuits

Switzerland was concerned that these requirements will drive Swiss companies out of the Indonesian market, and asked Indonesia for update on the development of the measures and to confirm whether these measures will be implemented or withdrawn.  Indonesia said that the implementation of this measure was postponed, as notified to the WTO.

Note: For links to the various supporting documents, see the WTO News item at: https://www.wto.org/english/news_e/news18_e/tbt_21jun18_e.htm