Technical Barriers to Trade

Technical Barriers to Trade

Interdepartmental Coordination and Advisory Committee on Technical Barriers to Trade (TBT)

The main objectives of the Interdepartmental Coordination and Advisory Committee on TBT is to share information and experiences on the domestic implementation of the World Trade Organisation (WTO) Agreement on TBT, improve coordination on regulatory activities, and plan and prepare for trade negotiations.

The Interdepartmental Coordination and Advisory Committee on TBT consists of government departments that are responsible for and public entities that deal with standards, technical regulations, conformity assessment procedures, metrology and accreditation. This includes:

  • South African Bureau of Standards (SABS)
  • National Regulator for Compulsory Specifications (NRCS)
  • National Metrology Institute of South Africa (NMISA)
  • South African National Accreditation System (SANAS)
  • Department of Trade, Industry and Competition (the dtic)
  • Department of Agriculture, Land Reform and Rural Development (DALRRD)
  • Department of Mineral Resources and Energy (DMRE)
  • Department of Forestry, Fisheries and the Environment (DFFE)
  • Department of Health (DoH)
  • Department of Employment and Labour (DEL)
  • Department of Communications and Digital Technologies (DCDT)
  • Department of Transport (DoT)
  • Independent Communications Authority of South Africa (ICASA)

The SABS, NRCS, NMISA and SANAS are all public entities reporting to the dtic and are also known as the technical or quality infrastructure entities.

the dtic Market Access Unit  and Technical Infrastructure Unit are responsible for the Secretariat work.

For any technical queries relating to the WTO TBT Agreement and the Interdepartmental Coordination and Advisory Committee on TBTs, contact:

Ms Thembekile Mlangeni
Director: Market Access
Trade Policy, Negotiations and Cooperation Branch
Department of Trade, Industry and Competition
Private Bag X 84
Pretoria
0001
Tel: +27 12 394 1702
Mobile: + 27 67 429 4237
Fax: +27 12 394 6855
E-mail:  MlangeniT@thedtic.gov.za

For information on the South African National Technical Infrastructure Institutions and the Interdepartmental Coordination and Advisory Committee on TBT, contact:

Mr Innocent Sbu Khumalo
Deputy Director: Technical Infrastructure
Industrial Competitiveness and Growth Branch
Department of Trade, Industry and Competition
Private Bag X 84
Pretoria
0001
Tel: +27 12 394 3566
Mobile: + 27 66 301 2054
Fax: +27 12 394 4566
E-mail: ISKhumalo@thedtic.gov.za

The WTO Agreement on TBT

The WTO TBT Agreement is a framework for regulating product requirements to avoid discriminatory and unnecessary barriers to trade. The agreement provides a framework for the development and implementation of technical regulations, international standards, and conformity assessment procedures

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

The TBT Agreement recognises the right of WTO members to implement measures to achieve legitimate policy objectives, including the protection of national security, human health and safety, animal or plant life, and the environment, as well as the prevention of deceptive practices.

Furthermore, the agreement lays down provisions to ensure that technical regulations, standards and conformity assessment procedures are non-discriminatory and do not create unnecessary obstacles to international trade.

The TBT Agreement encourages WTO members to base their measures on international standards as a means to facilitate trade. One of the important obligations of WTO members is to comply with the transparency provision of the the agreement, which requires members to notify draft regulations and conformity assessment procedures to trading partners and the WTO through the National TBT Enquiry Point.

the dtic (Market Access Unit) is responsible for the monitoring of national implementation and the administration of the WTO TBT Agreement. The department further ensures that South Africa complies with its WTO TBT transparency obligations, and that technical regulations, national standards and conformity assessment procedures are non-discriminatory and do not create unnecessary obstacles to international trade. For more information, click on www.wto.org/

The legal text of the WTO Agreement on TBT:

www.wto.org/english/docs_e/legal_e/17-tbt_e.htm

The WTO Agreement on TBT webpage: www.wto.org/english/tratop_e/tbt_e/tbt_e.htm

the dtic (Technical Infrastructure Unit) ensures that South Africa’s technical infrastructure meets domestic, regional and international market demands, and complies with international standards, technical regulations and best practices. The unit is responsible for policy development and strategic direction in area of technical infrastructure by closely working with the Technical Infrastructure entities namely SANAS, SABS, NRCS and NMISA.

The Technical Infrastructure entities:

South African National Accreditation System (SANAS) 

SANAS is South Africa’s sole national accreditation body, responsible for carrying out accreditations in respect of conformity assessment, as mandated through the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act (Act No. 19 of 2006). Its primary role is to provide an internationally recognised and effective accreditation system, and to give formal recognition that laboratories, certification bodies, inspection bodies, proficiency testing scheme providers and good laboratory practice (GLP) test facilities are competent to carry out specific tasks.

National Regulator for Compulsory Specifications (NRCS) 

The NRCS was established in accordance with the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008). The legislative mandate of the NRCS is derived from the National Regulator for Compulsory Specifications Act (Act No. 5 of 2008), the Legal Metrology Act (Act No. 9 of 2014), and the National Building Regulations and Building Standards Act (Act No. 103 of 1977).

It administers compulsory specifications and other technical regulations on behalf of the dtic to protect human health and safety as well as the environment, and ensure fair trade in accordance with government policies and guidelines.

National Metrology Institute of South Africa (NMISA) 

NMISA operates in accordance with the Measurement Units and Measurement Standards Act, 2006 (Act No. 18 of 2006). It is responsible for aligning the national measurement system with the international measurement system. This is done through the development, maintenance and dissemination of the national measurement standards, and ensuring its traceability throughout the measurement value chain.

South African Bureau of Standards (SABS) 

The SABS is a statutory body that was established in terms of the Standards Act, 1945 (Act No. 24 of 1945), and continues to operate in terms of the latest edition of the Standards Act, 2008 (Act No. 8 of 2008). The products and services offered by the SABS facilitate trade with foreign markets, and provide South Africa with standards as well as conformity assessment services such as testing and certification, within specific industry sectors, to ensure the safety and functionality of goods and services.

WTO TBT Enquiry Point

The Economic Impact and Intellectual Property Department (formerly the Standards Information Centre) at the SABS has been appointed as the WTO TBT Enquiry Point in South Africa by the dtic.

The WTO TBT Enquiry Point is responsible for the functions of an enquiry point as decided by the TBT Committee, and serves as the focal point for disseminating information to concerned regulatory departments and authorities on South Africa’s obligations under the TBT Agreement.

The Role of TBT Enquiry Points

  • Submitting notifications: Enquiry Points are often also the National Notification Authority
  • Requesting information: Domestic stakeholders can ask Enquiry Points to seek further information on others’ notified measures
  • Providing information: Responding to queries on measures from both domestic stakeholders and internationally

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

What kinds of queries/requests can the TBT Enquiry Points assist with?

  • Members can request an extension of the comment period. S&D treatment recommends allowing 90 days for developing economies.
  • While 90% of notifications do contain a link to the draft text of a measure, the content may be complex and require clarification. Developing members are obliged to provide the text in English/French/Spanish, while developing countries are not obliged.
  • The notification may coincide with a TBT Committee meeting where specific trade concerns are discussed. Enquiry Points may be asked to provide more information for bilateral discussion.

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

The South African WTO TBT Enquiry point contact details are as follows:
The South African WTO/TBT Enquiry Point
Economic Impact and Intellectual Property Department
South African Bureau of Standards (SABS)
1 Dr Lategan Road, Groenkloof
Private Bag X191
Pretoria
0001
South Africa
Website: www.sabs.co.za
Tel.: +27 12 428 6561
E-mail: wto@sabs.co.za

TBT transparency principles framework

Make information on TBT measures (product requirements) in your market available to facilitate trade.

  • Market access (compliance and issue-resolving)
  • Regulatory cooperation
  • Building trust

(Source: NATIONAL SEMINAR ON THE WTO TBT AGREEMENT’S TRANSPARENCY FRAMEWORK March 2021)

Key TBT transparency obligations

  • Statement of implementation
  • Notification of (draft) regulations
  • Publication of regulations
  • Notifications related to standardisation
  • Establishment of enquiry point

(Source: NATIONAL SEMINAR ON THE WTO TBT AGREEMENT’S TRANSPARENCY FRAMEWORK March 2021)

 What is in it for you (as a country)?

  • Seek information on proposed regulation (copy, translation, justification)
  • Inform domestic stakeholders
  • Raise concerns bilaterally/regionally/at TBT Committee
  • Submit comments on proposed regulation
  • Request extension of commenting period, delay entry into force
  • Access points available for queries on technical regulation
  • Adapt timely to new requirements

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

TBT measures

Mandatory requirement on:

  • Product characteristics
  • Conformity Assessment (testing, certification, etc.)

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

TBT notifications process

How to stay informed on product requirements in export markets: Use the e-ping alert system

How to address issues with new product requirements in export markets: Use the TBT Notification Submission System (TBT NSS) for submission of regulations for notification.

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

e-Ping alert system

The e-ping alert system allows exporting countries to notify the WTO of changes in trade via TBT/SPS notifications, and assists importing countries to request further information, submit comments and raise specific trade concerns.

The benefits of using the e-ping alert system:

  1. Informs/connects with stakeholders regarding changes in TBT/SPS regulations
  2. Allows stakeholders to report issues
  3. Promotes liaison at a regional level
  4. Assists countries in adjusting to measures
  5. Encourages dialogue on trade regulation

Register to receive email alerts and access all platform functions via the following link  www.epingalert.org

(Source: National Seminar on the WTO TBT Agreement’s Transparency Framework March 2021)

NRCS research and development (R&D)

Many government departments have mandates and legislation that they enforce via technical regulations or compulsory specifications. These regulatory overlaps often result in areas of uncertainty and confusion for stakeholders.

Inefficiencies in the current operating environment have been regularly identified, especially when market failures are communicated to a regulator by industry associations and/or consumer organisations, and when government departments request a particular regulator to develop a technical regulation.

The information required is easily accessible from the NRCS technical regulations and compulsory specifications database, and will assist government departments and regulators alike to interact proactively with their appropriate counterparts, and avoid overlap and conflict by clearly defining the role players and responsibilities. Access to accurate information will ensure smooth functioning of workflow and avoid unnecessary delays due to unclear roles.

Technical regulations:

https://www.nrcs.org.za/compulsory-specifications/technical-regulations

Compulsory specifications:

https://www.nrcs.org.za/compulsory-specifications/compulsory-specifications

Disclaimer

While every reasonable effort is made to maintain current and accurate information on this site, the dtic accepts no responsibility for any errors or omissions on these pages or any site to which it links, or for direct or indirect damage as a result of the usage or quoting of content on the site, or the information delivered or not delivered. Where appropriate, external links have been provided for the user’s convenience; the dtic is not responsible for the content or reliability of linked websites and does not necessarily endorse the views expressed by them. Listing shall not be taken as an endorsement of any kind. the dtic cannot guarantee that these links will work all the time and has no control over the availability of the linked sites or pages. The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. Any communications or data message that a user sends to the dtic will be regarded as having been received by the dtic when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with the dtic. the dtic shall not be liable for any failure to respond.

 

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