Transcript Slide 1

State of Play: NTBs in NAMA
Workshop for African Group Countries: WTO NAMA Negotiations on NTBs
12-14 April 2010
A broad range of interventions
• Sanitary and
phytosanitary
• Technical barriers to
trade
• PSI and other formalities
• Price control or pricerelated measures
• Licenses, quotas,
prohibitions
• Charges, taxes, paratariffs
• Finance measures
• Anti-competitive
measures
• Trade-related investment
measures
• Distribution restrictions
• Restrictions on postservice sales
• Subsidies
• Procurement restrictions
2
Definitions: Two Challenges
NTBs are defined negatively: Any measure
with a trade effect that is not a tariff
Challenge 1 - design and content:
•
•
•
Legitimate public policy
Legitimate public policy spiced with protection
Protection
Challenge 2 – application of measures
•
•
Efficient, least cost administration of public policy
Excessive dead-weight costs, inefficient or
deliberately cost-augmenting administration
3
NAMA – NTBs: Sequence of main events
2002/2003→ Generic proposals by Participants
Apr. 2003 → Overview of neg. proposals submitted, NTBs
Jan. 2003 → 1st Notification exercise
Aug. 2003 → Chair’s Draft Elements for Modalities, including NTBs
Oct. 2003 → 2nd Notification exercise
2004/2005 → Review and classification of notifications
Where should the notified NTBs be negotiated?
(Continues…)
4
NAMA – NTBs: Sequence of main events (cont.)
2005 → Hong Kong:
bilateral, vertical and horizontal approaches
NTBs are being addressed in other for a, including negotiating
groups
Need for specific negotiating proposals
2006/07 → 13 vertical and horizontal proposals were submitted
by Participants (almost half are TBT related). Bilateral requests
were also made (TN/MA/NTR/ series )
2008 → Should NTB negotiations finish with the modalities or
subsequently? If the latter, then how?(TN/MA/W/103/Rev.3 P.
23-26)
2009 → Intensive technical work on the proposals (Q&A process);
Two new proposals have been received
5
NAMA NTBs Inventory (2nd exercise)
What type of measures were notified?
TF - Article VIII
17.6%
TBT
26.0%
TF - Article X
7.4%
TF- Article V
1.3%
SPS
6.4%
Customs valuations
6.1%
Others
19.9%
National Treatment
3.5%
Import Licensing
6.1%
QRs
5.8%
6
NAMA NTBs Inventory (2nd exercise)
Which sectors faced the most measures?
Other
16.2%
Iron & Steel
3.5%
Generic (all
products)
23.9%
Agriculture
3.5%
IT products
3.9%
Pharmaceuticals
6.2%
Fish & fish
products
6.2%
Motor vehicles and
parts
7.3%
Chemicals
11.6%
Machinery &
Equipment
9.3%
Textiles & Clothing
8.5%
7
NAMA NTBs Inventory (2nd exercise)
Where would the Member concerned like to solve the issue?
1. NGMA
22.1%
2. O ther Negotiating
Groups
17.1%
7. Multiple options
considered
3.5%
6. Unclear
2.3%
3. WTO Regular Bodies
23.3%
5. Multiple options being
considered
3.5%
4. Bilateral discussions
34.1%
Each Member to decide where to
tackle the NTBs of its interest
8
December 2008 text (TN/MA/W/103/Rev.3)
Core Elements
1. Text based negotiations should continue on proposals
after modalities are established. Seven “merit particular
attention”
2. Aim is to finalize discussions on proposals as early as
possible for their inclusion in any final package in NAMA
3. Members should pay attention to any systemic or crosscutting issues, including those relating to the TBT
Agreement, that may arise from these proposals
4. Negotiations on bilateral requests should proceed in
tandem. Need to multilateralize the outcomes through
inter alia incorporating them where appropriate into Part III
9
of the schedules
Horizontal Mechanism – African Group, Canada, EU, LDCs, NAMA-11, NZ, Norway, Pakistan, CH
1
Name of the proposal: Ministerial Decision on Procedures for the Facilitation of
Solutions to Non-Tariff Barriers
(a.k.a. the “Horizontal Mechanism”)
Document reference(s): TN/MA/W/106 (In Annex 5 of Draft NAMA modalities)
Sponsor(s): African Group, Canada, European Communities, LDC Group,
NAMA-11, New Zealand, Norway, Pakistan and Switzerland
Summary: Seeks to introduce a procedure for a non-binding, non-legal,
mutually agreed, solution through a facilitator
Issues/questions raised by •“Committee first” issue
other Members: •Relationship with the DSU proceedings,
•Confidentiality of information
•Selection of the facilitator
•Third parties
•Scope (which measures?)
•Cost and transparency
10
Chemicals – Argentina
2 Name of the proposal: Negotiating Proposal on Non-Tariff Barriers in
the Chemical Products and Substances
Sector
Document TN/MA/W/104 (In Annex 5 of Draft NAMA
reference(s): modalities)
Sponsor(s): Argentina
Summary: Solve issues relating to labelling, conformity
assessment, registration and laboratory
accreditation
Issues/questions •Awaiting for a more concrete proposal; will
raised by other probably be a scaled-back version from the one
Members: in the text
•Relationship with the TBT Agreement
•Product coverage
11
Fireworks - China
3 Name of the proposal: Understanding on the Interpretation of the
Agreement on Technical Barriers to Trade as
Applied to Trade in Fireworks
Document TN/MA/W/102 (In Annex 5 of Draft NAMA
reference(s): modalities)
Sponsor(s): People's Republic of China
Summary: Solve issues relating to the absence of an
international standard for the product; conformity
assessment; labelling
Issues/questions Relationship with the TBT Agreement
raised by other
Members:
12
Lighters - China
4Name of the proposal: Understanding on the Interpretation of the
Agreement on Technical Barriers to Trade as
Applied to Trade in Lighter Products
Document TN/MA/W/90/Add.1 (In Annex 5 of Draft NAMA
reference(s): modalities)
Sponsor(s): People's Republic of China
Summary: Determine the relevant standard for the product,
conformity assessment, labelling
Issues/questions Relationship with the TBT Agreement
raised by other
Members:
13
Elimination of unilateral NTBS - Cuba
5 Name of the proposal: Decision on the Elimination of Non-Tariff
Barriers Imposed as Unilateral Trade
Measures
Document TN/MA/W/94/Rev.1 (In Annex 5 of Draft NAMA
reference(s): modalities)
TN/MA/W/94/Rev.2 (March 2009)
Sponsor(s): Cuba
Summary: Eliminate existing measures; refrain from using
GATT Articles XX, XXI as means of arbitrary or
unjustifiable discrimination; effects on third
parties.
Issues/questions
raised by other
Members:
14
Electronics – EU and Switzerland
6
Name of the proposal: Understanding on the Interpretation of the
Agreement on Technical Barriers to Trade as
Applied to Trade in Electronics
Document reference(s): JOB(07)/42/Rev.1 (In Annex 5 of Draft NAMA
modalities)
TN/MA/W/119 (September 2009)
Sponsor(s): European Communities and Switzerland
Summary: Establish rules concerning the conformity assessment
of 1) safety of electrical equipment and
2) electromagnetic compliance (EMC);
Favour supplier declaration of conformity (SDOC)
and/or assurance of conformity; laboratory acred.
Issues/questions raised •Should try to merge with the US proposal on the same
by other Members: subject
•Not sure developing countries can apply
SDOC due to lack of a post-market
15
surveillance system
Export taxes - EU
7
Name of the Revised submission on Export Taxes
proposal:
Document TN/MA/W/101 (In Annex 5 of Draft NAMA
reference(s): modalities)
Sponsor(s): European Communities
Summary: Operationalize existing disciplines; bind and/or
eliminate export taxes; limited exceptions to
maintain them.
Issues/questions •Export taxes are not a “non-tariff” measure
raised by other •Not part of the mandate
Members:
16
Textiles, Clothing, Footwear and Travel Goods – EU, Mauritius, Sri Lanka, US
8
Name of the proposal: Understanding on the Interpretation of the
Agreement on Technical Barriers to Trade with
respect to the Labelling of Textiles, Clothing,
Footwear, and Travel Goods
Document reference(s): TN/MA/W/93 + Add.1 (In Annex 5 of Draft NAMA
modalities)
TN/MA/W/93/Rev.1 (September 2009)
Sponsor(s): European Communities, Mauritius, Sri Lanka and the
United States
Summary: Encourage the harmonization of information
requirements on labels (permanent vs. nonpermanent) by calling for greater transparency; ensure
Members and stakeholders are afforded meaningful
opportunities to participate in rule-making process.
Issues/questions raised •Sounds like standard-setting
by other Members: • Which information should go where
•Relationship with TBT Agreement
•“Rebutable presumption”
17
Export Licensing – Japan, Chinese Taipei and US
9
Name of the proposal: Protocol on Transparency in Export Licensing to
the General Agreement on Tariffs and Trade 1994
Document reference(s): TN/MA/W/15/Add.4/Rev.2 (Annex 5 of Draft NAMA
modalities)
TN/MA/W/15/Add.4/Rev.3 (March 2009)
TN/MA/W/15/Add.4/Rev.4 (September 2009)
Sponsor(s): Japan, Korea, Chinese Taipei and the United States
Summary: Establish a notification requirement of existing
measures; information exchange; rules pertaining to
the confidentiality of information.
Issues/questions raised •Export related issues are not part of the mandate
by other Members: •WTO not the venue to deal with
access to raw materials
•Administrative burden
•Not clear why new rules are needed
18
Forestry Products in Building Construction – New Zealand
Name of the proposal: Decision on Non-Tariff Barriers Affecting
Forestry Products Used in Building
10
Construction
Document JOB(07)/158 (In Annex 5 of Draft NAMA
reference(s): modalities)
Sponsor(s): New Zealand
Summary: Recognition of specific international standards,
accreditation, mutual recognition
Issues/questions •Relationship with ISO technical committees (TC
raised by other 89, 165, 218) work on this area
Members: •Product coverage
•Relationship with the TBT
Agreement
19
Electronic Goods - US
11
Name of the proposal: Agreement on Non-Tariff Barriers Pertaining to the
Electrical Safety and Electromagnetic
Compatibility (EMC) of Electronic Goods
Document reference(s): TN/MA/W/105/Rev.1 (In Annex 5 of Draft NAMA
modalities)
TN/MA/W/105/Rev.2 (September 2009)
Sponsor(s): United States
Summary: Electrical safety and electromagnetic compliance
(EMC) of electronic goods; elaborate further on some
disciplines of the TBT agreement; recommendation by
the TBT Committee; transparency provisions;
conformity assessment (test results, SDOC, 3rd party).
Issues/questions raised •Should try to merge with the EC proposal on the same
by other Members: subject
•Relationship with the TBT
Agreement
20
Remanufactured Goods – Japan, Switzerland, United States
Name of the proposal: Ministerial Decision on Trade in
Remanufactured Goods
12
Document TN/MA/W/18/Add.16/Rev.2 (In Annex 5 of Draft
reference(s): NAMA modalities)
TN/MA/W/18/Add.16/Rev.3 (September 2009)
Sponsor(s): Japan, Switzerland and the United States
Summary: Establish that each Member’s trade regime
should evolve in a manner that enhances market
access opportunities for remanufactured goods;
establish a review program under the auspices of
the CTG to review NTBs affecting the sector.
Issues/questions Definitional issue: i.e. what is a remanufactured
raised by other good? Is it different from a “used”, “refurbished”
Members: or “recycled” good?
Why is this needed?
21
Automotive Products - US
Name of the proposal: Agreement on Non-Tariff Barriers Pertaining
to Standards, Technical Regulations, and
13
Conformity Assessment Procedures for
Automotive Products
Document JOB(08)/46 (In Annex 5 of Draft NAMA
reference(s): modalities)
TN/MA/W/120 (September 2009)
Sponsor(s): United States
Summary: Define in more specific terms the provisions of
the TBT Agreement in respect of good regulatory
practices, technical regulations, conformity
assessment, transparency provisions and testing.
Issues/questions •Should try to merge with the EC proposal on the
raised by other same subject
Members: •Relationship with the TBT Agreement
22
Automotive Products - EU
14
Name of the proposal: Agreement on Non-Tariff Barriers Pertaining to
Standards, Technical Regulations, and Conformity
Assessment Procedures for Automotive Products
Document reference(s): TN/MA/W/118 (September 2009)
Sponsor(s): European Communities
Summary: Modified version of the US proposal which aims at
bridging systemic differences between regulatory
systems based on “self-certification” and systems
based on “type-approval”. Recognize work of the
World Forum for the Harmonisation of Vehicle
Regulations (WP.29), within the framework of
(UNECE).
Issues/questions raised •Should try to merge with the US proposal on the same
by other Members: subject
•Relationship with the TBT
Agreement
23
Industry-specific NTB Proposals – EU, India
Name of the proposal: Framework for Industry-specific NTB
Proposals
15
Document JOB(09)/105 (New, September 2009)
reference(s):
Sponsor(s): European Communities, India
Summary: Establish a framework structure for the industryspecific NTB proposals that relate to the TBT
agreement in order to would allow for the catering
of cross-cutting elements and allowing for
inclusion of the industry-specific rules (i.e. a sort
of “cupboard” to include the other TBT-related
proposals)
Issues/questions Unclear relationship with TBT-related proposals
raised by other on the table
Members:
24
Summary: Cross-Cutting
• Horizontal proposal
• Cuba’s generic proposal
• Export-related policies
• Framework for industry-specific proposals
25
Summary: Sector-Specific
•
•
•
•
•
•
•
•
Chemicals
Fireworks
Lighters
Remanufactured goods
Electronics
Textiles, clothing, footwear, leather goods
Forestry products
Automotive products
26
Some Objectives Underlying
Sector-Specific Proposals
• Internationalization of standards
• Common standards
• Streamlining of standards-related
procedures
• Greater recognition of national procedures
• Avoiding duplication
• Willingness to consult
• Guaranteeing transparency
27
• Technical assistance