wto and tbt what are they and why do i care?
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WTO and TBT What Are They and Why do I Care?. Dan Bart, Senior Vice President, Standards and Special Projects, TIA. THE WTO … … In brief. - PowerPoint PPT PresentationTRANSCRIPT
WTO and TBT What Are They and Why do I Care?
Dan Bart, Senior Vice President,
Standards and Special Projects, TIA
THE WTO …… In brief
The World Trade Organization (WTO) is the only international organization dealing with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible.
THE RESULT is assurance and compliance.
THE GOAL is to improve the welfare of the people of the member countries.
THE WORLD TRADE ORGANIZATION (WTO)
At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations (140). These documents provide the legal ground-rules for international commerce. They are essentially contracts, binding governments to keep their trade policies within agreed limits.
Although negotiated and signed by governments, the goal is to help producers of goods and services, exporters, and importers conduct their business.
THE WTO’sTHREE MAIN PURPOSES
Help trade flow as freely as possible
Serve as a forum for trade negotiations
Set up an impartial means of settling disputes
THE WTO
THE MULTILATERAL TRADING SYSTEM -- past, present, and future
The World Trade Organization came into being in 1995.
One of the youngest of the international organizations, the WTO is the successor to the General Agreement on Tariffs and Trade (GATT) established in the wake of the Second World War.
THE ORGANIZATION
If the WTO’s overriding objective is to help trade flow smoothly, freely, fairly and predictably, how?
It does this by:
• Acting as a forum for trade negotiations
• Reviewing national trade policies
• Administering trade agreements
• Settling trade disputes
• Assisting developing countries in trade policy issues, through technical assistance and training programs
• Cooperating with other international organizations
THE STRUCTURE
MINISTERIAL CONFERENCE
GENERAL COUNCIL
GOODS COUNCIL, SERVICES COUNCIL, INTELLECTUAL PROPERTY (TRIPS) COUNCIL
10 Benefits of the WTO
The system helps promote peace
Disputes are handled constructively
Rules make life easier for all
Freer trade cuts the costs of living
It provides more choices of products and qualities
Trade raises incomes Trade stimulates
economic growth The basic principles
make life more efficient Governments are
shielded from lobbying The system encourages
good government
10 Common Misunderstandings of the WTO
The WTO dictates policy The WTO is for free trade
at any cost Commercial interests take
priority over development… …and over the environment …and over health and
safety
The WTO destroys jobs, worsens poverty
Small countries are powerless in the WTO
The WTO is the tool of powerful lobbies
Weaker countries are forced to the join the WTO
The WTO is undemocratic
THE WTO AGREEMENTS
How can you ensure that trade is as fair as possible, and as free as is practical? By negotiating rules and abiding by them.
The WTO’s rules -- the agreements -- are the result of negotiations between the members.
The current set were the outcome of the 1986-94 Uruguay Round negotiations which included major revision of the original General Agreement on Tariffs and Trade (GATT).
DEVELOPING COUNTRIESOver three-quarters of WTO members are developing or least-developed countries. Special provisions for these members are included in all the WTO agreements.
The special provisions include:
• longer time periods for implementing agreements and comments,
• measures to increase trading opportunities for these countries,
• provisions requiring all WTO members to safeguard the trade interests of developing countries,
• and support to help developing countries build the infrastructure for WTO work, handle disputes, and implement technical standards.
TECHNICAL BARRIERS TO TRADE
•Technical regulations and industrial standards may vary from country to country. Having too many different standards makes life difficult for producers and exporters.
•If the standards are set arbitrarily, they could be used as an excuse for protectionism. The Agreement on Technical Barriers to Trade (TBT) tries to ensure that regulations, standards, testing, and certification procedures do not create unnecessary obstacles.
THE WTO’S “MOST INDIVIDUAL CONTRIBUTION” Without a means of settling disputes, the rules-based system would be
worthless because the rules could not be enforced. The WTO’s procedure underscores the rule of law, and it makes the trading system more secure and predictable. The system is based on clearly-defined rules, with timetables for completing a case.
First rulings are made by a panel and endorsed (or rejected) by the WTO’s full membership. Appeals based on points of law are possible.
However, the point is not to just make rulings. The priority is to settle disputes, through consultations, if possible. By July 2000, 32 out of 203 cases had been settled “out of court,” without going through the full panel process.
TBT: The Code of Good Practice
Why a Code of Good Practice?
Who can accept the Code?
What does membership entail?
Why a Code of Good Practice?
Product standards can be prepared by governmental or non-governmental standardizing bodies. The Code of Good Practice, contained in Annex 3 of the WTO TBT Agreement provides disciplines, including those related to transparency, for the preparation, adoption and application of standards by all central governmental, local government, non-governmental and regional standardizing bodies.
Non-governmental = SDO
Who can accept the Code?
• The Code is open for acceptance to any standardizing bodies, whether central government, local government or non-governmental (i.e., SDO ) and regional standardizing bodies.
• The Code of Good Practice contained in Annex 3 of the WTO TBT Agreement seeks to bring all standards within its purview and provides for [and gives] transparency in the preparation, adoption and application of standards.
What does membership entail?
Members of the TBT Agreement are responsible for the acceptance and compliance with the Code of Good Practice by their central government standardizing bodies.
Furthermore, they are required to take such reasonable measures as may be available to them to ensure also that local government and non-governmental standardizing bodies (i.e., SDOs) within their territories, and regional standardizing bodies of which they are members, accept and comply with the Code.
What does it mean to me,I haven’t accepted any Code!
If SDOs, as non-governmental standardizing bodies, must “accept” the Code, I’m home free cause I have not accepted it!!
USTR/ANSI
ANSI, at the request of the USTR, has accepted the Code on behalf of ALL ANSI SDOs, as related to American National Standards
Notice provided to ISO several years ago
Oops, What do I have to do now?
Annex 3 of TBT sets forth agreements
Annex 3Code of good practice for the preparation, adoption
and application of standards
Annex 3 Overview
open to acceptance by any standardizing body within the territory of a Member of the WTO
Standardizing bodies that have accepted or withdrawn from this Code shall notify this fact to the ISO/IEC Information Centre in Geneva
the standardizing body shall accord treatment to products originating in the territory of any other Member of the WTO no less favourable than products of national origin and to like products originating in any other country
Annex 3
standards shall not be prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade
where international standards exist or their completion is imminent, the standardizing body shall use them, or the relevant parts of them, as a basis for the standards it develops, except where such international standards or relevant parts would be ineffective or inappropriate
Annex 3
the standardizing body shall play a full part in the preparation by relevant international standardizing bodies
of international standards avoid duplication of, or overlap with, the work of other
standardizing bodies specify standards based on product requirements in
terms of performance rather than design or descriptive characteristics
at least once every six months publish a work programme titles of specific draft standards shall, upon request, be
provided in English, French or Spanish.
Annex 3
the work programme shall indicate the classification relevant to the subject matter, the stage attained in the standard’s development, and the references of any international standards taken as a basis
before adopting a standard, the standardizing body shall allow a period of at least 60 days for the submission of comments on the draft standard by interested parties within the territory of a Member of the WTO
take into account the comments received notice whether the draft standard deviates from
relevant international standards
Annex 3
provide a copy of a draft standard with any fees charged for this service (apart from the real cost of delivery) the same for foreign and domestic parties
promptly publish the standard after it is adopted promptly provide a copy of its work programme and
standards with any fees charged for this service (apart from the real cost of delivery) the same for foreign and domestic parties
make an objective effort to solve any complaints with respect to the Code.
Questions?