The notification procedure in brief

Notification

To ensure any potential trade barriers are avoided, legislation which could potentially contain technical barriers to trade is submitted at draft stage to the other WTO Members. They can then assess the impact of the measure on their exports and spot any provisions breaching the TBT Agreement.

As soon as the EU TBT Enquiry Point is informed of a proposed measure, it uploads the notification form (describing notably the content of the measure) on its dedicated database. The EU TBT Enquiry Point then contacts the notifying country to request the whole text of the suggested measure.

 

E.g.: Country X, which is Member of the World Trade Organisation, decides to set new requirements for refrigerators. It must notify the proposed requirements to the other WTO Members, via the WTO Secretariat, before their adoption.

 

Reaction

Upon circulation of the notified measure, starts the so-called period for comments begins. The TBT Committee, composed of representatives of each of the WTO Members, has recommended allowing a minimum of 60 days during which the adoption process is frozen and written comments can be sent on the proposed measure. Comments are sent directly sent by the EU TBT Enquiry Point to the notifying Member. This does not mean, however, that economic operators have no role to play in the TBT notification procedure. On the contrary: EU industry comments on other WTO Members' notifications are of great importance to prevent the emergence of trade barriers. Therefore, if you consider that the proposed measure is in breach of one of the provisions of the TBT Agreement, (for example because it favours its national products or creates unnecessary obstacles to international trade) do not hesitate to contact us as soon as possible. Ideally, the EU TBT Enquiry Point should receive comments at least three weeks before the final deadline set by the notifying WTO member in the notification form.

E.g.: The measure proposed by country X was circulated to other WTO Members on 1 March, and the deadline for comments is set at 29 April (60 days). An EU manufacturer exporting refrigerators to country X was alerted of the newly notified measure and considers it to be overly burdensome to achieve the legitimate objective pursued. He contacts the EU TBT Enquiry Point to express his concerns, as soon as possible and before the final deadline set by country X. The concerns of the refrigerator manufacturer are carefully analysed and, if shared by the Commission services, comments are sent to country X on behalf of the EU.

Dialogue and adoption

Pursuant to the TBT Agreement, Members shall discuss the comments received on a notification, and take these written comments as well as the results of these discussions into account. Sending comments may give rise to bilateral and even multilateral discussions within the TBT Committee and the notifying Member may decide, following the receipt of comments on the announced text, to change its content, postpone its entry into force or even withdraw the measure. In other cases, a productive dialogue between Members can bring useful clarifications or lead to an exchange of views on regulatory approaches. The TBT Committee recommended that the follow-up to be given to comments be transmitted in writing. Once the notified measures are adopted, WTO Members shall ensure that they are published promptly or otherwise make them available.

E.g.: After reception of the comments, the authorities of country X explained to the EU in writing how they would proceed in order to take them into account. Both the contribution of the EU and the reply provided by country X are available on the EU TBT database, so that the refrigerator manufacturer can be informed of the follow-up given to the EU comments. Thus, he will know at the earliest possible stage whether or not he needs to adapt his production intended for country X to new requirements.

More details on the notification procedure can be found in the TBT brochure.