ORGANIZATION OF
AMERICAN STATES - TRADE UNIT |
PROVISIONS ON STANDARDS AND CONFORMITY
ASSESSMENT IN TRADE AND INTEGRATION ARRANGEMENTS OF THE WESTERN
HEMISPHERE |
SG/TU/WG.STBT/DOC.6/96/Rev.3
9 February 1998
Original: English
Limited Distribution |
Part I |
PROVISIONS ON
STANDARDS AND TECHNICAL BARRIERS TO TRADE
IN SUBREGIONAL TRADE AND INTEGRATION ARRANGEMENTS
|
V. ADMINISTRATIVE
STRUCTURES
A. Standards Committees and/or Bodies
WTO |
Article 13.1: A
Committee on Technical Barriers to Trade is hereby established, and
shall be composed of representatives from each of the Members. The
Committee shall elect its own Chairman and shall meet as necessary,
but no less than once a year, for the purpose of affording Members
the opportunity of consulting on any matters relating to the
operation of this Agreement or the furtherance of its objectives,
and shall carry out such responsibilities as assigned to it under
this Agreement or by the Members. |
NAFTA |
Article 913.1:
The Parties hereby establish a Committee on Standards-Related
Measures, comprising representatives of each Party.
The following are the subcommittees and councils established as
mandated in the Annexes to Chapter IX: Land Transportation Standards
Subcommittee; Telecommunications Standards Subcommittee; Automotive
Standards Council; and, Subcommittee on Labeling of Textile and
Apparel Goods. In addition, there is an ad hoc Subcommittee
on Labeling. |
Andean
Community |
Article 1:
[The objectives of this decision shall be] to create the Andean
System of Standardization, Accreditation, Testing, Certification,
Technical Regulations and Metrology, which shall be governed by the
provisions of this Decision and henceforth to be called the
"System". (Decision 376)
Article 5: In support of the formation of the System, the
Subregional Committee for Standardization, Accreditation, Testing,
Certification, Technical Regulations and Metrology shall be created,
henceforth to be called the "Committee". (Decision 376)
Article 6: The Committee shall be comprised of one principal
representative and one alternate from each Member Country, both of
whom shall be accredited before the Board by the adjoining bodies,
and their function shall be governed by the provisions of Annex I.
Ad Hoc committees may be formed to deal with special cases related
to this Decision, and will be governed by the provisions found in
Chapter III of Annex I. (Decision 376)
Article 14: The "Andean Network for
Standardization" is hereby created, which shall be comprised of
the National Standardization Bodies of the Member Countries. The
rules governing the function of the Network shall be established by
the Committee and sent to the Board for approval. (Decision 376)
Article 17: The "Andean Network of National
Accreditation Bodies" is hereby created. The rules governing
the function of the Network shall be established by the Committee
and sent to the Board for approval. (Decision 376)
Article 20: The "Andean Network of Testing
Laboratories" is hereby created, which shall be comprised of
laboratories accredited by the National Accreditation Bodies. The
rules governing the function of the Network shall be established by
the Committee and sent to the Board for approval.(Decision 376)
Article 23: The Board shall create a register of accredited
certification bodies for the National Accreditation Bodies.(Decision
376)
Article 24: The "Andean Network of Accredited
Certification Bodies" is hereby created. The rules governing
the function of the Network shall be established by the Committee
and sent to the Board for approval. (Decision 376).
Article 30: The "Andean Network for Metrology" is
hereby created, which shall be comprised by institutions or
organizations that perform metrological activities and by
calibration laboratories accredited by the National Accreditation
Bodies. The rules governing the function of the |
CACM |
|
Group of
Three |
Article 14-17.1:
The Parties hereby create a Committee on Standards-Related Measures. |
MERCOSUR |
- Resolution GMC 20/95 defines the structure of the Common
Market Group within which Working Subgroup 3 exists (WSG 3)
Technical Regulations.
Resolution GMC 38/95 and subsequently Resolution 61/97 may
approve the operating structure of WSG 3 establishing its tasks
and courses of action.
- Mercosur submitted a proposed Agreement to the Mercosur
Standardization Committee in order to establish its linkage in
preparing technical standards for Mercosur.
|
ALADI |
Article 16: The
present Agreement will be administered by an Administrative
Commission made up of representatives of the signatory countries. |
CARICOM |
Caribbean Common
Market Standards Council (CCMSC)
The decision to establish the CCMSC was taken by the Common
Market Council of Ministers at its eighth meeting in 1976:
Section I: "The CCMSC shall have for its
object the promotion of the progressive development and
harmonisation of Standards throughout the Region, in accordance with
the provisions set out in Sections II (Organisation, Status and
Functions of the Standards Council) and III (Operating
Procedures)."
Section II: Organisation, Status and Functions of the Standards
Council
II.7: "The Standards Council shall be an advisory body to
the Common Market Council of Ministers". |
[
Return to the Table
of Contents ]
B. Scope of
Activity
WTO |
Article 13.2:
The Committee shall establish working parties or other bodies as may
be appropriate, which shall carry out such responsibilities as may
be assigned to them by the Committee in accordance with the relevant
provisions of this Agreement.
Article 13.3: It is understood that unnecessary duplication
should be avoided between the work under this Agreement and that of
governments in other technical bodies. The Committee shall examine
this problem with a view to minimizing such duplication. |
NAFTA |
Article 913.2:
The Committee's functions shall include:
- monitoring the implementation and administration of this
Chapter, including the progress of the subcommittees and working
groups established under paragraph 4, and the operation of the
inquiry points established under Article 910;
- facilitating the process by which the Parties make compatible
their standards-related measures;
- providing a forum for the Parties to consult on issues
relating to standards-related measures, including the provision
of technical advice and recommendations under Article 914;
- enhancing cooperation on the development, application and
enforcement of standards-related measures; and
- considering non-governmental, regional and multilateral
developments regarding standards-related measures, including
under the GATT.
Article 913.3: The Committee shall:
- meet on request of any Party and, unless the Parties otherwise
agree, at least once each year; and
- report annually to the Commission on the implementation of
this Chapter.
Article 913.4: The Committee may, as it considers
appropriate, establish and determine the scope and mandate of
subcommittees or working groups, comprising representatives of each
Party. Each subcommittee or working group may:
- as it considers necessary or desirable, include or consult
with
- representatives of non-governmental bodies, including
standardizing bodies;
- scientists; and
- technical experts; and
- determine its work program, taking into account relevant
international activities.
Article 913.5: Further to 913.4, the Committee shall
establish:
- the following subcommittees
- Land Transportation Standards Subcommittee, in accordance
with Annex 913.5.a-1;
- Telecommunications Standards Subcommittee, in accordance
with Annex 913.5.a-2;
- Automotive Standards Council, in accordance with Annex
913.5.a-3; and
- Subcommittee on Labeling of Textile and Apparel Goods, in
accordance with Annex 913.5.a-4; and
- such other subcommittees or working groups as it considers
appropriate to address any topic, including:
- identification and nomenclature for goods subject to
standards-related measures,
- quality and identity standards and technical regulations;
- packaging, labeling and presentation of consumer
information, including languages, measurement systems,
ingredients, sizes, terminology, symbols and related
matters;
- product approval and post-market surveillance programs;
- principles for the accreditation and recognition of
conformity assessment bodies, procedures and systems;
- development and implementation of a uniform chemical
hazard classification and communication system;
- enforcement programs, including training and inspections
by regulatory, analytical and enforcement personnel;
- promotion and implementation of good laboratory practices;
- promotion and implementation of good manufacturing
practices;
- criteria for assessment of potential environmental hazards
of goods;
- methodologies for assessment of risk;
- guidelines for testing of chemicals, including industrial
and agricultural chemicals, pharmaceuticals and biologicals;
- methods by which consumer protection, including matters
relating to consumer redress, can be facilitated; and
- extension of the application of this Chapter to other
services.
Article 913.6: Each Party shall, on request of another Party,
take such reasonable measures as may be available to it to provide
for the participation in the activities of the Committee, where and
as appropriate, of representatives of state or provincial
governments.
Article 913.7: A Party requesting technical advice,
information or assistance pursuant to Article 911 shall notify the
Committee which shall facilitate any such request. |
Andean
Community |
Article 2:
The System has as its objective to facilitate intra-subregional
trade through improving the quality of products and services and
through the elimination of technical barriers to trade. (Decision
376)
Article 3: To achieve the objective outlined in the preceding
article, the System shall:
- coordinate, develop and harmonize at the sub-regional level
activities and services for standardization, testing,
accreditation, certification, technical regulation and metrology
within the priorities of the integration process;
- provide the technical elements that are required for the
consideration or approval of technical regulations;
- consider aspects of security, health, environmental
conservation and consumer protection in the development of its
activities; and
- direct, at the subregional and international level, the
progress of the Andean Community in this area and promote the
conclusion of international agreements and treaties.
Article 4: All standardization, accreditation, testing,
certification, technical regulations and metrological activities
that comprise the System shall apply to all products and services
that are manufactured or traded within the subregion, without
consideration to phytosanitary or zoosanitary aspects, or other
aspects that are found already regulated by a particular Decision.
These activities are coordinated with the competent national
organizations designated by law in each Member Country. (Decision
376)
Article 13: The Committee shall establish and send to the
Board for its approval the procedures for harmonization,
elaboration, notification, manner of registration and structure of
Andean standards. (Decision 376)
Article 28: The Committee shall establish and send to the
Board for its approval the procedures for harmonization,
elaboration, manner for notification and prior consultation, as well
as the structure and time-frame for application of national or
Andean technical regulations. |
CACM |
|
Group of
Three |
Article 14-17.2:
Among the functions that will correspond to the Committee:
- monitoring the implementation, compliance and administration
of this Chapter, including the progress of the subcommittees and
working groups established under paragraph 14-17.4, and the
operation of the inquiry points established under 14-10.1;
- facilitating the process by which the Parties make compatible
their standards-related measures;
- offering a forum for the Parties to consult on issues related
to standards-related measures and metrology;
- reporting annually to the commission about the implementation
of this chapter; and
- developing necessary procedural mechanisms for achieving
recognition of conformity assessment bodies.
Article 14-17.3: The Committee:
- shall be comprised of an equal number of representatives from
each Party;
- shall meet on request of any Party and, unless the Parties
otherwise agree, at least once a year;
- shall establish its regulations; and
- make its decisions by consensus.
Article 14-17.4: The Committee shall, as it considers
appropriate, establish and determine the scope of action and mandate
of any relevant subcommittees or working groups. Each subcommittee
and working group shall be comprised of representatives from each
Party, and may
- as it considers necessary, call to participate in its meetings
or consult with
- representatives of non-governmental bodies, including
standardizing bodies, or chambers and associations of the
private sector;
- scientists; or
- technical experts; and
- determine its work program, taking into account relevant
international activities.
Article 14-17.5: Further to paragraph 14-17.4 the Committee
shall establish
- the Subcommittee of Standards-Related Measures of Health; and
- any other subcommittee and working group that it considers
appropriate for analyzing, among others, the following topics:
- the identification and nomenclature for goods subject to
standards-related measures;
- quality and identity standards and technical regulations;
- packaging, labeling and presentation of consumer
information, including measurement systems, ingredients,
sizes, terminology, symbols and related matters;
- product approval and post-market surveillance programs;
- principles for the accreditation and recognition of test
centers, inspection bodies, and conformity assessment
bodies;
- development and implementation of a uniform classification
and information system for hazardous chemicals and the
communication of chemical hazards;
- programs to ensure fulfillment of existing provisions,
including training and inspections by regulatory,
analytical, and enforcement personnel;
- promotion and implementation of good laboratory practices;
- promotion and implementation of good manufacturing
practices;
- criteria for assessment of potential environmental hazards
of goods or services;
- analysis of procedures to simplify the importation
requirements of goods and the provision of certain services;
- guidelines for testing of chemicals, including industrial
and agricultural chemicals, pharmaceuticals and biologicals;
and
- methods by which consumer protection, including matters
relating to consumer redress, can be facilitated.
|
MERCOSUR |
The areas in which
WSG 3 will work include:
- Food
- Health products
- Automobile industry
- Metrology
- Conformity assessment
- Electrical appliance
safety
|
ALADI |
The Administrative
Commission will have, inter alia, the following
responsibilities:
- to program regional actions planned under the present Agreement;
- to help coordinate subregional initiatives within this area;
- to help coordinate the activities carried out under technical
assistance and information programs referred to in Chapter VI
(Technical Assistance) and Chapter VII (Information and
Dissemination), analyzing and endorsing even the advisability and
viability of promoting such events as seminars and round tables;
- to set up working groups to consider specific topics within the
scope of this Agreement;
- to promote the actions that are needed to make mutual
recognition of conformity assessment systems viable pursuant to
articles 8 and 12 of this Agreement;
- to promote, to the extent possible, joint positions of signatory
countries at international forums concerned with technical
regulations, technical standards, and conformity assessment.
|
CARICOM |
Section II:
Organisation, Status and Functions of the Standards Council
(Cont.)
II.7: "The functions of the Standards Council shall be to :
- promote the harmonisation of Standards and to recommend and
coordinate the formulation and adoption of Standards for products
which are of importance to intra-regional trade;
- review the progress of, and assist Member countries in the
development of National Standards bureaux;
- advise on the development of regional testing facilities for
evaluation of the quality and standards of products used in the
Region and to advise on the suitability of regional testing
facilities for the enforcement of regional standards;
- advise on the coordination of testing methods and quality
evaluation and certification procedures among Member Countries;
- advise the Common Market Council on the technical significance
and on the implications for intra-regional trade arising from the
adoption of any proposed mandatory standard by a Member State of
the Common Market;
- on request by the Common Market Council, investigate and make
recommendations on matters involving difficulties related to
standards of regionally produced goods entering into
intra-regional trade;
- on request, determine the quality and advise on the
acceptability of extra-regional products;
- cooperate with international organisations dealing with
Standards;
- assist national Governments in developing, promoting and
achieving standards particularly of new commodities for
extra-regional exports;
- issue in conjunction with appropriate National Bodies
information for the education of the Region’s consumers and
producers on the entire question of standards in general and on
the quality and acceptability of regionally produced products in
particular, vis-avis imported substitutes;
- to recommend to the Common Market Council a common set of
primary metrological standards for adoption by the Common Market
members;
- undertake any other related function as the Council may, from
time to time determine."
II.8: "The Standards Council is empowered to make
recommendations only."
"The Standards Council shall submit its recommendations to the
Common Market Council of Ministers or to any other body appointed by
the Common Market Council for the purpose, and where appropriate,
directly to the Member States." |
[
Return to the Table
of Contents ]
VI. COOPERATION
AMONG MEMBERS OF TRADE AND INTEGRATION ARRANGEMENTS
A. Cooperation Between Member
Standardizing Bodies
WTO |
|
NAFTA |
Article 911.2:
Each Party shall encourage standardizing bodies in its territory to
cooperate with the standardizing bodies in the territories of the
other Parties in their participation, as appropriate, in
standardizing activities, such as thorough membership in
international standardizing bodies. |
Andean
Community |
Article 33: Member
Countries may negotiate agreements among themselves when the
agreements have as the objective to promote, harmonize, or achieve
automatic recognition of systems, regulations, procedures, and
conformity assessment mechanisms in line with the provisions of this
Decision.These agreements shall be open to the participation of the
rest of the Member Countries. (Decision 376) |
CACM |
|
Group of
Three |
|
MERCOSUR |
|
ALADI |
Article 18. The
signatory countries shall promote ongoing contacts between their
specialized national and regional bodies, in order to promote and
speed up the process of harmonization and ensure, to the extent
possible, that the Technical Regulations, Technical Standards, or
conformity assessment procedures and systems and their application
will neither impede nor hinder intra-regional trade. |
CARICOM |
|
[
Return to the Table
of Contents ]
B. Technical
Assistance
WTO |
Article 11.1:
Members shall, if requested, advise other Members, especially the
developing country Members, on the preparation of technical
regulations.
Article 11.2: Members shall, if requested, advise other
Members, especially the developing country Members, and shall grant
them technical assistance on mutually agreed terms and
conditions regarding the establishment of national
standardizing bodies, and participation in the international
standardizing bodies, and shall encourage their national
standardizing bodies to do likewise.
Articles 11.3 and 11.4: Members shall, if requested, take
such reasonable measures as may be available to them to arrange for
the regulatory bodies within their territories to advise other
Members, especially the developing country Members, and shall grant
them technical assistance on mutually agreed terms and conditions
regarding:
- the establishment of regulatory bodies, or bodies for the
assessment of conformity with technical regulations (Art. 11.3)
and/or standards (Art. 11.4); and
- the methods by which their technical regulations can best be
met.
Articles 11.5 and 11.6: Members shall, if requested, advise
other Members, especially the developing country Members, and shall
grant them technical assistance on mutually agreed terms and
conditions regarding the steps that should be taken by their
producers if they wish to have access to systems for conformity
assessment operated by governmental or non-governmental bodies
within the territory of the Member receiving the request (Art. 11.5
and the establishment of the institutions and legal framework which
would enable them to fulfil the obligations of membership or
participation in such systems (Art. 11.6).
Article 11.7: Members shall, if so requested, encourage
bodies within their territories which are members or participants of
international or regional systems for conformity assessment to
advise other Members, especially the developing country Members, and
should consider requests for technical assistance from them
regarding the establishment of the institutions which would enable
the relevant bodies within their territories to fulfil the
obligations of membership or participation.
Article 11.8: In providing advice and technical assistance to
other Members in terms of paragraphs 1 to 7, Members shall give
priority to the needs of the least-developed country Members. |
NAFTA |
Article 911.1:
Each Party shall, on request of another Party:
- provide to that Party technical advice, information and
assistance on mutually agreed terms and conditions to enhance
that Party's standards-related measures, and related activities,
processes and systems;
- provide to that Party information on its technical cooperation
programs regarding standards-related measures relating to
specific areas of interest; and
- consult with that Party during the development of, or prior to
the adoption or change in the application of, any
standards-related measure.
Article 913.7: A Party requesting technical advice,
information or assistance pursuant to Article 911 shall notify the
Committee (on Standards Related Measures) which shall facilitate any
such request. |
Andean
Community |
Article 34: The
"Andean Training Program" is hereby established to train
and capacitate human resources that will maintain the operation of
the System. |
CACM |
|
Group of
Three |
|
MERCOSUR |
|
ALADI |
Article 14.
The signatory countries hereby agree to lend technical assistance to
other signatory countries, according to the modalities and on such
conditions as may be decided by mutual agreement as well as to
facilitate the provision of such assistance through competent
international or regional organizations for purposes of
strengthening the activities relating to Technical Regulation and
Standardization and with the corresponding conformity assessment by
the requesting signatory countries, and their processes and systems
in this area.
The principal purpose of the technical assistance will be to help
the signatory countries to achieve the necessary conditions that
permit them to fulfill and adhere to the provisions of this
Agreement as well as its application and implementation.
There needs to be a special focus on the requirements of ALADI's
Relatively Less Developed Countries so that the present Agreement as
well as its application and implementation do not create unnecessary
obstacles to the expansion and diversification of their exports. |
CARICOM |
|
[
Return to the Table
of Contents ]
C. Metrology
WTO |
|
NAFTA |
|
Andean
Community |
Article 29:
The Member Countries and the Board shall identify the existing
metrology capabilities and promote their collaboration for the
development of trade in products and services and the improvement of
industrial production. (Decision 376)
Article 30: The "Andean Network of Metrology" is
hereby created, which shall be comprised by institutions or
organizations that perform metrological activities and by
calibration laboratories accredited by the National Accreditation
Bodies. The rules governing the function of the Network shall be
established by the committee and sent to the Board for approval.
(Decision 376)
Article 31: The Member Countries shall harmonize the
standards, regulations and metrological procedures at the Andean
level that form the basis for the patterns and calibration systems.
The harmonization procedures shall be established by the Committee
and sent to the Board for its authorization. (Decision 376)
Article 32: The Member Countries shall adopt the
International System of Units as the official units of measure for
the Andean Sub-region. In coordination with the Board, the Member
Countries shall sponsor activities for the dissemination and
application of this system in all sectors of activity, public and
private (Decision 376). |
CACM |
|
Group of
Three |
Article 14-12:
The Parties shall make compatible, to the greatest extent possible,
their national metrological patterns using existing international
metrological patterns as a guide, whenever the national patterns
comprise or appear to create unnecessary obstacles to trade.
Article 14-17.2: Among the functions that will correspond to
the Committee:
- offering a forum for the Parties to consult on issues related
to standards-related measures and metrology.
|
MERCOSUR |
Resolution GMC 61/97:
Negotiating Guidelines Scientific and Industrial Metrology
Commission. Item 9. Development of the process for mutual
recognition of national systems for accreditation of calibration
laboratories (SNALC). |
ALADI |
Article 13.
The signatory countries undertake to adopt, for the purposes of
intra-regional trade, the International System of Units.
The signatory countries undertake to establish such strategies,
terms, and tools as are needed to adjust national structures to the
technological change that is needed for the adoption of the
International System of Units. |
CARICOM |
|
Continue to: VII.
TRANSPARENCY REQUIREMENTS
|