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1、unctad.org/ntmPhoto credit:Adobe Stock Czintos dnGuidelines for the Collection of Dataon Official Non-tariff Measures2023 editionPrinted at United Nations,Geneva2322898(E)November 2023 317UNCTAD/DITC/TAB/2023/4United Nations publicationSales No.E.23.II.D.36ISBN 978-92-1-002978-0Guidelines for the Co

2、llection of Dataon Official Non-tariff Measures2023 editionGeneva,2023 2023,United NationsAll rights reserved worldwideRequests to reproduce excerpts or to photocopy should be addressed to the Copyright Clearance Center at .All other queries on rights and licences,including subsidiary rights,should

3、be addressed to:United Nations Publications405 East 42nd StreetNew York,New York 10017United States of AmericaEmail:publicationsun.orgWebsite:https:/shop.un.org/The findings,interpretations and conclusions expressed herein are those of the authors and do not necessarily reflect the views of the Unit

4、ed Nations or its officials or Member States.The designations employed and the presentation of material on any map in this work do not imply the expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country,territory,city or area or of its authorit

5、ies,or concerning the delimitation of its frontiers or boundaries.Mention of any firm or licensed process does not imply the endorsement of the United Nations.This publication has been edited externally.United Nations publication issued by the United Nations Conference on Trade and DevelopmentUNCTAD

6、/DITC/TAB/2023/4ISBN:978-92-1-002978-0eISBN:978-92-1-358638-9Sales No.E.23.II.D.36Contents1.Introduction and purpose.12.Non-tariff measures:definition and general considerations.23.Steps to collect information.5 3.1.Identify sources of information.6 3.2.Identify regulations from each source.8 3.3.Id

7、entify and classify measures within each regulation.84.User guide to coding measures.94.1.Structure of the classification of the measures.94.2.Principles for classifying measures.114.3.Principles for updating measures.224.4.Development of the International Classification of Non-Tariff Measures.245.D

8、istinguishing between sanitary and phytosanitary measures and technical barriers to trade.255.1.Sanitary and phytosanitary measures.255.2.Technical barriers to trade.265.3.No possible overlap.275.4.Some difficult cases for sanitary and phytosanitary measures/technical barriers to trade.286.Selecting

9、 the corresponding product codes.306.1.What is the Harmonized System?.306.2.How to select product codes.306.3.Tools to identify product codes.316.4.Principles for the use of“partial product coverage”.316.5.Difficulties in choosing the Harmonized System code for a product .357.Registering affected co

10、untries.368.Registering objectives of sanitary and phytosanitary measures and technical barriers to trade.38ANNEX 1:Fields and required information in the TRAINS Data Entry Tool.39ANNEX 2:TRAINS Data Entry Tool-a brief guide.40iiiContentsGuidelines for the Collection of Data on Official Non-tariff M

11、easures2023 editionAcknowledgementsThe 2023 edition of Guidelines for the Collection of Data on Official Non-tariff Measureswas prepared by UNCTAD,by a team comprising Christian Knebel,Chi Le Ngo and Denise Penello Rial,of the UNCTAD Division on International Trade and Commodities.Contributions were

12、 also provided by Fabien Dumesnil,Mingcong Li,Samuel Munyaneza,Narmin Khalilova,Seul Lee and Ralf Peters.The preparation of the material also benefited from input from participants in several training courses.Desktop publishing and the cover were prepared by Jenifer Tacardon-Mercado.iv1.Introduction

13、 and purposeIn recent decades,multilateral and regional trade negotiations and unilateral liberalization have substantially reduced tariff rates.Non-tariff measures(NTMs),however,represent a growing challenge for exporters and policy makers.The ability to gain and to benefit from market access depen

14、ds increasingly on compliance with trade regulatory measures such as sanitary requirements and goods standards.The United Nations Conference on Trade and Development(UNCTAD)has been actively involved in research and activities on issues related to non-tariff measures.In 1994,UNCTAD began to collect

15、and classify the measures.While the UNCTAD Trade Analysis and Information System(TRAINS)remains the most comprehensive database on the measures,it has required substantial improvements to keep up with the increasing complexity of and need for data.To develop a strategy to reduce the transparency gap

16、,in 2006,UNCTAD established the Group of Eminent Persons on Non-Tariff Barriers,composed of leading economists from international organizations.A Multi-Agency Support Team(MAST group)provided substantial support.As a result,the Transparency in Trade initiative was launched by UNCTAD,the African Deve

17、lopment Bank,the International Trade Centre and the World Bank.UNCTAD leads international efforts to collect data on the measures.The collection of these data requires the classification of legal documents(regulations,directives,rules and the like)by appropriate predefined codes.These codes are prov

18、ided in the publication International Classification of Non-Tariff Measures.1The classification of the measures was developed and agreed by several international organizations in the context of a multi-agency initiative led by UNCTAD(MAST group:the Food and Agriculture Organization of the United Nat

19、ions(FAO),the International Monetary Fund(IMF),the International Trade Centre(ITC),the Organization for Economic Cooperation and Development(OECD),UNCTAD,the United Nations Industrial Development Organization(UNIDO),the World Bank,World Trade Organization(WTO)and international experts.The classifica

20、tion is designed to facilitate the collection,analysis and dissemination of data on the measures,with the final objective of increasing transparency and understanding about the subject.A recurring problem for data collectors,who collect and classify trade-related regulations into non-tariff measures

21、 data,is that regulations on the measures are often based on legal and/or technical terms which may render it difficult to univocally assign the most appropriate code.For data collectors,some interpretation is often required when classifying the measures described in the legal documents and regulati

22、ons according to the predefined codes.The purpose of this manual is to provide guidelines to enable data collectors to harmonize the data collection process and to minimize uncertainty during the process of categorization and classification.In doing so,the manual presents the logic behind the classi

23、fication of non-tariff measures,and it explains how to choose the most appropriate code.This manual provides a large set of examples,and it is regularly updated to respond to queries and questions emerging during the data collection exercise.This 2023 version updates the last version prepared in 202

24、1.This manual has been created with the intention of covering as many cases as possible.However,if uncertainties persist,data collectors are encouraged to submit their questions to ntmunctad.org,providing also a copy of the legal text and stating the proposed code.1 UNCTAD(2019),International Classi

25、fication of Non-Tariff Measures,2019 Version.11.Introduction and purposeGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition2.Non-tariff measures:definition and general considerationsDefinitionThe concept of non-tariff measures is neutral and does not imply a direction o

26、f impact or legal judgment.They are defined as“policy measures,other than customs tariffs,that can potentially have an economic effect on international trade in goods,changing quantities traded,or prices or both”.2 Non-tariff barriers(NTBs)are a subset of the measures,implying a negative impact on t

27、rade.The measures are normally collected through UNCTADs TRAINS Data Entry Tool and disseminated through its TRAINS Dissemination Portal,the World Integrated Trading System(WITS)and the Global Trade Helpdesk(GTH).The TRAINS database also includes measures from other sources.Understanding the meaning

28、 of the terms“regulation”and“measure”A regulation is a legal document issued officially by a Government,such as a law,decree or directive.An official regulation could include several measures(or NTMs).For the purpose of the classification,a measure is a mandatory trade control requirement enacted by

29、 an official regulation.Each regulation or legal document must be read to distinguish all measures within its text.All identified measures should be registered separately.In the database of non-tariff measures,both regulations and measures must be recorded precisely and fully to reflect the informat

30、ion embedded within the legal document which is relevant to the trade requirements.Descriptions of both the regulation and the measures within the regulation is required.At the moment,UNCTADs database of non-tariff measures is mostly available in English.If the regulation is already in English and a

31、 description of the regulation is readily available,a simple copy of the description of the regulation in the database is sufficient.The same principle applies for the measures.If the regulation is in another language,a description of the regulation and of each measure in the original language has t

32、o be provided,to be accompanied by a translation of the description into English.What data are collected?The data that are collected are official measures currently imposed by the country and that affect imported or exported products.As a rule of thumb,such measures would be checked at the customs p

33、oint to allow entry or exit.All specific import/export requirements are recorded in detail and with full reference.Collected data comprise“behind the border”sanitary and phytosanitary measures(SPS measures)and technical barriers to trade(TBTs)that are imposed for objectives that are not primarily tr

34、ade-related:for example,human,plant and animal health,and the protection of the environment.Even if equally applied to domestic producers,they nevertheless regulate international trade and are thus considered non-tariff measures.According to the World Trade Organizations(WTO)definition,compliance wi

35、th standards is voluntary.They are not registered.However,some national official legislation may use the word“standard”in relation to mandatory requirements,or otherwise use standards as a reference.In this case,the measure is collected and registered in the database,as it is a condition for importa

36、tion.2 As defined by the Multi-Agency Support Team and the Group of Eminent Persons on Non-Tariff Barriers.2What data are not collected?a.Voluntary measures are not included in this database.One example is that of private standards requisites put forward by private organizations,such as retail compa

37、nies,are not collected.b.International standards are not included either,unless they have been made explicitly mandatory.International standards are issued by international organizations,such as the International Organization for Standardization,CODEX Alimentarius,the International Electrotechnical

38、Commission or ASTM,and no country is forced to adopt them.Even if countries are encouraged to follow them,they are at liberty to set a level higher or lower.For this reason,they are not included in this database.However,if a country adopts an international standard,it becomes national legislation an

39、d it is then included in the database.c.Data collected for the database concern only trade in goods and exclude measures affecting trade in services.The only exception is the case where the service activities are directly connected to the trade of goods(such as the case of post-sale services,chapter

40、 K).in this case,there are restrictions on the ability of exporters to provide post-sale services through their preferred or desired channels in the importing country.Even though the restrictions only concern domestic post-sale services,they negatively affect importers of products such as industrial

41、 machinery and are considered non-tariff measures.d.Data collected for the database concern only national-level measures,not those of a countrys administrative divisions or autonomous provinces/territories.A regulation issued by Guadeloupe,for instance,should not be recorded as an official requireme

42、nt set by France.This also excludes internal circulation within a country,i.e.between states within a country:these are not considered non-tariff measures.For example,if the Ministry of Agriculture requires a permit to import vegetable grains,this is considered a non-tariff measure.However,if it spe

43、cifies that all vegetable grains,when circulated from one province to another,need to carry an attestation of conformity with an internal taxes department,then the requirement concerns only internal trade,and it is not a non-tariff measure.Companies may add that information after import.e.Regulation

44、s on activities which are unrelated to trade are also outside the scope of the data collection.A regulation might eventually affect trade indirectly,but if there is not a direct connection to a requirement or condition for import/export,then the regulation is not considered a non-tariff measure.For

45、example,a regulation might state that an individual,in order to operate a vessel/aircraft,needs to acquire a certificate of airworthiness/operation permit.This is a requirement which affects a particular activity(operating a vessel/aircraft),which might eventually affect the import of vessels or air

46、craft(if the certificate is very difficult to obtain,the demand for the products might decrease).However,there is no direct connection between the activity and trade of the products related to such activity.Another example is the requirement to have a driving license for cars.Such a requirement may

47、have an effect on the demand for cars and thus on trade in cars.However,the importer is allowed to import cars even if the staff do not have driving licences.f.When a regulation clearly states that the importation of the products is solely for the purpose of scientific research or a trade fair,such

48、measures are not covered.For example,the Ministry for Primary Industries issued an Import Health Standard for Laboratory Animals and Laboratory Animal Germplasm detailing requirements that must be met to import animals and germplasm into the country for laboratory purposes.These requirements are not

49、 collected.Other similar examples are the importation of certain CITES samples to be used in laboratory experiments,or samples of certain food products to be used in a trade fair.These requirements do not cover normal trading activities and thus are not collected.The same is valid for restrictions o

50、n services related to the traded goods.For example,restrictions on cross-border 32.Non-tariff measures:definition and general considerationsGuidelines for the Collection of Data on Official Non-tariff Measures2023 editiontransport services may affect trade,but this is not a direct requirement on any

51、 good(i.e.product characteristic or production process),and thus it is not a non-tariff measure.g.Complaints from the private sector,perceptions and any other non-official information related to the measures are not considered valid sources and are thus not coded.This information is very valuable fo

52、r improving trade conditions,and so sometimes UNCTAD endeavours to record this information in parallel to data collection,but when this is done,this information is clearly separated.Only official legal texts are valid sources of measures.How are the data collected?UNCTAD provides the data collectors

53、 access to the TRAINS Data Entry Tool developed by UNCTAD with all the required fields to be filled out.UNCTAD also provides the code classification of the measures and the product codes of the Harmonized Commodity Description and Coding System(known as the Harmonized System(HS).Moreover,UNCTAD prov

54、ides the training and coaching,as well as quality checking of the data.43.Steps to collect informationInformation on non-tariff measures is collected and registered in the TRAINS Data Entry Tool.The Tool assigns role-based access control for different types of users.This enables fine-grained control

55、 over user permissions and responsibilities for both internal and external users.Only registered and approved users of the Tool have access to the website.The steps to collect the measures are the following:a)Obtain the source data1.Identify sources of information2.Identify regulations from each doc

56、ument or sourceb)Classify and register the information3.Identify and classify measures within each regulation4.Identify and classify affected products for each measure5.Identify and classify affected countries for each measure6.Identify and classify objectives for each measure,whenever possible Each

57、 step is registered separately in the Data Entry Tool provided by UNCTAD.The first two steps systematically register the origin of information.These steps are essential to make sure that the data is traceable and can be verified and updated.Considerable efforts are made to emphasize the comprehensiv

58、eness of the data collection.Consequently,all import and export requirements are registered in the database,irrespective of complexity or stringency.The remaining steps identify and classify all the relevant information from each legal text.Considerable work goes into ensuring the comprehensiveness

59、of the data collection.All import and export requirements are thus registered in the database.Figure 1 illustrates the components and dimensions of steps 4 to 6.A regulation may include one or more measures.Each one has to be classified according to the International Classification.Each measure is l

60、ikely to affect certain products and countries,and there may also be objectives mentioned explicitly in the text.All of them must be registered.Figure 1.Principle workflow for each regulationRegulation 1Measure 1Countries AffectedProducts AffectedObjectives mentionedMeasure 2Countries AffectedProduc

61、ts AffectedObjectives mentionedMeasure 3Countries AffectedProducts AffectedObjectives mentioned53.Steps to collect informationGuidelines for the Collection of Data on Official Non-tariff Measures2023 editionAfter the data collector registers all relevant information(non-tariff measures and Harmonize

62、d System codes for the products affected by the measures),an expert in international trade,acting as a supervisor to the process of collection of non-tariff measures a data collection supervisor will validate the accuracy of registered measures and codes.The data will then be ready for publication.I

63、n the following sections,further details are provided on each step of the data collection process.3.1 Identify sources of informationThis first step may vary according to the country concerned.In some countries,the information may be available at a centralized location,where one official source comp

64、iles all legal measures.In others,the information needs to be obtained from different locations/institutions.(a)Centralized sourcesIn many countries,an official journal regularly publishes new laws,regulations,acts,decrees and the like,the information being contained in one publication,irrespective

65、of the government department and the subject covered.Such centralized sources facilitate the task of data collection and continuous updates.Examples of countries using an official journal or other centralized source are the member States of the Latin American Integration Association.Examples of the

66、publication titles are as follows:-Argentina:Boletn Oficial(Official Journal);-Plurinational State of Bolivia:Circular de la Aduana Nacional de Bolivia(Circular of the National Customs Office of Bolivia);-Brazil:Edies Aduaneiras Publicaes sobre Comrcio Exterior and Dirio Oficial da Unio(Custom Editi

67、ons Publications on International Trade and Official Journal of the Union);-Colombia:Diario Oficial(Official Journal);-Ecuador:Registro Oficial(Official Registry);-The Bolivarian Republic of Venezuela:Gaceta Oficial(Official Gazette).Some countries compile all their current regulations in a centrali

68、zed register or code,where they may be consulted.Some examples,among others,are:-The United States of America publishes daily the Federal Register.3 There is also the Code of Federal Regulations,4 which consolidates the regulations that are currently in force.The latter codes by subject all general

69、and permanent rules of the Federal Register.-Australia:The Federal Register of Legislation is the authorized whole-of-government website for Commonwealth legislation and related documents in Australia.It contains the full text and details of the lifecycle of individual laws and the relationships bet

70、ween them.Notably,it contains“consolidated”version of the regulations,which means that they already include all the amendments in the published document.The Legislation Register is managed by the Office of Parliamentary Counsel.53 Available at www.govinfo.gov/app/collection/FR/(accessed 1 October 20

71、23).Note that the Federal Register also includes proposed regulations open for public discussion,which are not of interest for this database.4 Available at www.govinfo.gov/app/collection/cfr/(accessed 1 October 2023).5 See www.legislation.gov.au.6(b)Decentralized sourcesIn the absence of a centraliz

72、ed source,information about the measures needs to be obtained through various government institutions.This is a challenge for data collectors,but it is crucial to identify all relevant ministries and other institutions.Table 1 provides an indication of the government agencies that are likely to deal

73、 with different categories of measures.This list is not exhaustive.Names of government agencies could be different according to the country.Each institution may disseminate legislative documents through their websites or through other means.Table 1.Examples of government agencies likely to deal with

74、 NTM categoriesNTM chapterGovernment bodies potentially responsibleASPS measuresMinistry of Agriculture;Standardization Body;Ministry of HealthBTBT measuresStandardization Body;Ministry of Health;Ministry of Environment;Ministry of Energy;Ministry of Trade/IndustryCPre-shipment inspection and other

75、formalitiesCustoms Agency;Standardization BodyDContingent trade protective measuresMinistry of Finance;Ministry of Trade/Industry/EconomyENon-automatic import licensing,quotas,prohibitions,quantity-control measures and other restrictions not including sanitary and phytosanitary measures or measures

76、relating to technical barriers to tradeMinistry of Trade/Industry/Economy;Ministry of Foreign AffairsFPrice control measures including additional taxes and chargesMinistry of Trade/Industry/Economy;Customs AgencyGFinance measuresMinistry of Finance;National BankHMeasures affecting competitionMinistr

77、y of Trade/Industry/EconomyITrade-related investment measuresMinistry of Trade/Industry/EconomyPExport-related measuresMinistry of Trade/Industry/Economy;Customs Agency(c)Other sourcesData collection must be based on official national documents.However,other sources can help lead to these official s

78、ources and help identify legislative documents,especially when the countrys legal publishing is decentralized.World Trade Organization Trade Policy Reviews can be helpful for a good initial overview of the institutional framework,including information about important trade-related laws.6 However,the

79、se reviews are not exhaustive and do not provide the necessary detail about regulations that the data collection requires.General laws that are often listed in the Trade Policy Reviews also tend to be unspecific and are only a first step in identifying the relevant institutions that issue the requir

80、ed specific regulations.WTO provides a platform on sanitary and phytosanitary measures and technical barriers to trade.7 This platform can also give consultants valuable information about where to find regulations related to those 6 WTO Trade Policy Reviews are available at www.wto.org/english/trato

81、p_e/tpr_e/tp_rep_e.htm(accessed 23 September 2023).7 The information management systems on sanitary and phytosanitary measures and technical barriers to trade can be found on the following website:https:/eping.wto.org/(accessed 15 September 2023).73.Steps to collect informationGuidelines for the Col

82、lection of Data on Official Non-tariff Measures2023 editionmeasures.However,experience shows that,due in part to the limited notification of those measures to WTO,the information from these sources is also incomplete.In some cases,information may be purchased from a private company providing consoli

83、dated regulations with all amendments.It should nevertheless be ensured that this source provides complete and official information.3.2 Identify regulations from each sourceCentralized or decentralized sources(an official journal,a government website)could contain various regulations,such as a colle

84、ction of laws,acts,decrees,circulars,official notices,etc.Each regulation that contains non-tariff measures needs to be identified and recorded.The identified regulations should be sufficiently specific to identify measures,affected products and countries(see section 4).The text of some general laws

85、 only provides generic provisions or empowers institutions to impose actual regulations or requirements.Such laws are usually followed up by more detailed regulations that should be registered in the database.3.3 Identify and classify measures within each regulationAll measures contained within each

86、 regulation need to be identified and classified.The legal text has to be transformed into a database format.The database should clearly reflect the following elements:Which measure?Classify the measure identified according to the UNCTAD International Classification of Non-Tariff Measures;Which prod

87、uct?Find Harmonized System codes or predefined group codes for the product(s)affected by this measure;Which partner?Assign country/region codes to the countries affected by this measure;Which objective?Categorize the reason why the measure was imposed,but only if it is officially stated in the regul

88、ation.Sections 4 and 5 below provide guidelines on how to use the International Classification of Non-Tariff Measures(step 3).Section 6 is a guide to the selection of the right product code(step 4).Sections 7 and 8 briefly deal with the registration of affected countries and measure objectives,respe

89、ctively(steps 5 and 6).Detailed steps on creating/editing measures on the TRAINS Data Entry Tool can be found in Annex 1:Fields and required information in the TRAINS Data Entry Tool and Annex 2:TRAINS Data Entry Tool a brief guide.84.User guide to coding measuresThe following are guidelines for ass

90、igning a code to a non-tariff measure identified in the text of a regulation.The first step is to be familiar with the classification of measures and to understand the basic structure of the classification as well as the different chapters.4.1 Structure of the classification of the measures Measures

91、 are organized in various chapters by type(boxes 1 and 2).The chapters are labelled with letters from A to P.8Figure 2.Chapter organization in the NTM classificationImportsTechnicalmeasuresASANITARY AND PHYTOSANITARY MEASURESBTECHNICAL BARRIERS TO TRADECPRE-SHIPMENT INSPECTION AND OTHER FORMALITIES

92、Non-technicalmeasuresDCONTINGENT TRADE-PROTECTIVE MEASURESENON-AUTOMATIC IMPORT LICENSING,QUOTAS,PROHIBITIONS,QUANTITY-CONTROL MEASURES AND OTHER RESTRICTIONS NOT INCLUDING SANITARY AND PHTOSANITARY MEASURES OR MEASURES RELATING TO TECHNICAL BARRIERS TO TRADEFPRICE-CONTROL MEASURES,INCLUDING ADDITIO

93、NAL TAXES AND CHARGESGFINANCE MEASURESHMEASURES AFFECTING COMPETITIONITRADE-RELATED INVESTMENT MEASURESJDISTRIBUTION RESTRICTIONSKRESTRICTIONS ON POST-SALES SERVICESLSUBSIDIES AND OTHER FORMS OF SUPPORT MGOVERNMENT PROCUREMENT RESTRICTIONSNINTELLECTUAL PROPERTYORULES OF ORIGINExportsPEXPORT-RELATED

94、MEASURES(a)Import and export measuresMeasures are divided into two broad categories:import measures and export measures.This is the first distinction that needs to be made when classifying a measure.All chapters from A to O reflect the requirements of the importing country.Only chapter P comprises e

95、xport measures,which refer to requirements imposed solely by the exporting country on its own exports.All measures imposed by the importing country,regardless of whether they are executed or verified in either the exporting or the importing country,are considered import measures,since they relate to

96、 the importation of the product.Example:For a regulation stating“Imports of products of animal origin into country A must be accompanied by a health certificate signed by the representative of the competent authority in the exporting country certifying that the products in question are suitable to b

97、e exported to country A”,this measure must be assigned a code under the import measures of country A,as it is a requirement of the importing country.8For more information on the classification,see UNCTAD(2019),International Classification of Non-Tariff Measures,Version 2019.94.User guide to coding m

98、easuresGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition(b)Chapters in the classificationImport measures are further subdivided into technical and non-technical measures.The first group comprises three chapters(A to C):sanitary and phytosanitary measures,technical bar

99、riers,and pre-shipment inspection and other formalities.Non-technical measures are subdivided into 12 chapters(D to O).Export measures comprise only one chapter(P).Box 1 summarizes the measures included in each chapter.Box 1.Brief description of each chapter in the classificationChapter A on sanitar

100、y and phytosanitary measures,refers to measures affecting areas such as restrictions for substances,hygienic requirements or other measures to prevent dissemination of diseases.It also includes all conformity assessment measures related to food safety,such as certification,testing and inspection,and

101、 quarantines.Chapter B on technical measures,refers to measures such as labelling and other measures to protect the environment.It also includes conformity assessment that relates to technical requirements such as certification,testing and inspection.Chapter C classifies the measures related to pre-

102、shipment inspection and other formalities performed in the exporting country prior to shipment.Chapter D refers to contingent measures,which are measures implemented to counteract particular adverse effects of imports in the market of the importing country,including measures aimed at unfair foreign

103、trade practices.They include antidumping,countervailing and safeguards measures.Chapter E includes licensing,quotas,and other quantity control measures,group measures that have the intention of limiting the quantity traded,such as quotas.It also covers those licences and import prohibitions which ar

104、e unrelated to sanitary and phytosanitary measures or technical barriers.Chapter F includes price-control measures,which are those implemented to control or affect the prices of imported goods in order to,inter alia,support the domestic price of certain products when the import prices of these goods

105、 are lower;establish the domestic price of certain products because of price fluctuation in domestic markets,or price instability in a foreign market;or to increase or preserve tax revenue.This category also includes measures,other than tariff measures,that increase the cost of imports in a similar

106、manner(para-tariff measures).Chapter G concerns finance measures,referring to measures restricting payments for imports for example,when access to and the cost of foreign exchange are regulated.This chapter also includes restrictions on the terms of payment.Chapter H concerns measures affecting comp

107、etition.These measures grant exclusive or special preferences or privileges to one or more limited groups of economic operators.They refer mainly to monopolistic measures,such as State trading,or sole importing agencies,or compulsory use of national services or transport.Chapter I concerns trade-rel

108、ated investment measures,group measures that restrict investment by requiring local content or requesting that investment be related to export to balance imports.Chapter J includes distribution restrictions,referring to restrictive measures related to internal distribution of imported products.Chapt

109、er K concerns restriction on post-sale services for example,restrictions in the provision of accessory services.Chapter L contains measures that relate to subsidies that affect trade.Chapter M contains government procurement restriction measures and refers to the restrictions bidders may encounter w

110、hen trying to sell their products to a foreign Government.Chapter N concerns restrictions related to intellectual property measures and intellectual property rights.Chapter O on rules of origin,groups the measures that restrict the origin of products,or their inputs.Chapter P includes export measure

111、s,grouping the measures a country applies to its exports.It includes export taxes,export quotas or export prohibitions.10(c)Tree structureEach chapter(one digit,letters AP)is divided into groupings using a tree/branch structure with depth of up to three additional levels(two,three and four digits).M

112、ore digits indicate more disaggregation,that is,more detailed measure categories.For example,chapter A includes nine two-digit codes,A1 through A9.Then,each two-digit code is further differentiated into three-digit codes.For example,A8 includes A81 through A86,and also A89.A85 is subdivided further

113、into four-digit codes:A851,A852,A853 and A859(see box 2).Only a few groupings reach the four-digit level of disaggregation.Most stop at three digits.Box 2.The classifications tree structureA.SANITARY AND PHYTOSANITARY MEASURESA1.Prohibitions/restrictions of imports for sanitary and phytosanitary rea

114、sonsA2.Tolerance limits for residues and restricted use of substances ()A8.Conformity assessment related to sanitary and phytosanitary aspectsA81.Product registration requirement A82.Testing requirement A83.Certification requirement A84.Inspection requirement A85.Traceability requirementA851.Origin

115、of materials and parts A852.Processing historyA853.Distribution and location of products after delivery A859.Traceability requirements n.e.s.*A86.Quarantine requirementA89.Conformity assessments related to sanitary and phytosanitary,n.e.s.A9.SPS measures n.e.s.B.TECHNICAL BARRIERS TO TRADEC.PRE-SHIP

116、MENT INSPECTION AND OTHER FORMALITIESD.CONTINGENT TRADE PROTECTIVE MEASURESE.NON-AUTOMATIC LICENSING,QUOTAS,PROHIBITIONSF.PRICE-CONTROL MEASURES,INCLUDING ADDITIONAL TAXESG.FINANCE MEASURESH.MEASURES AFFECTING COMPETITIONI.TRADE-RELATED INVESTMENT MEASURES()*n.e.s.:not elsewhere specified.4.2 Princi

117、ples for classifying measuresThe following principles provide guidance on classifying measures and entering them correctly in the TRAINS Data Entry Tool.Further help on distinguishing between sanitary and phytosanitary measures and technical barriers is found in section 5.Detailed steps on creating/

118、editing regulations and measures in the TRAINS Data Entry Tool can be found in Annex 1:Fields and required information in the TRAINS Data Entry Tool Tool and Annex 2:TRAINS Data Entry Tool a brief guide.114.User guide to coding measuresGuidelines for the Collection of Data on Official Non-tariff Mea

119、sures2023 edition4.2.1 The principle of“one measure one NTM code”,and exceptions(a)Regulation,measure and codeA regulation may contain one or several measures.In principle,each measure is to be assigned no more than one NTM code.(b)One regulation imposing several measures falling under the same code

120、As a rule of thumb,if a regulation imposes a set of similar requirements that would be classified under the same code,they are registered only once as a single measure.The respective products are thus jointly entered under this measure.Example 1:If a regulation specifies several“maximum residue limi

121、ts”of different chemicals for a variety of food products(for sanitary and phytosanitary reasons,NTM code A21),the measure is registered just once,and all affected products are listed under the same measure.Example 2:If a regulation specifies a list of items to display on the product label,the code f

122、or labelling is used only once.A country might require all packaged food to be labelled with nutritional information on how much fat,protein,energy,carbohydrates,and salt are in the product,the percentage of key ingredients,and all of the main ingredients that may cause allergies.These requirements

123、are not to be coded multiple times but once under the NTM code for labelling.However,if a regulation imposes several rather distinct measures under the same code,they should be registered separately.This is the case if the respective measures differ with respect to their type or implementation.The f

124、ollowing examples should illustrate these two cases:Example 1 different type:A regulation states that imported glass windows need to fulfil the standards on energy performance(including solar heat gain and air leakage rate).They also need to be made of materials that are safe for customers health.In

125、 this case,the regulation requires the glass windows to meet(i)quality or performance requirements(energy performance)and(ii)safety requirements(materials safe for customers).Since they are substantially distinct types of measure,they should be registered as two separate measures(both with the code

126、B7).Example 2 separate implementation:A regulation requires a standard SPS certificate for all imported food products.In a different paragraph,the regulation also demands a special microbiological health certificate for fishery products.Both certificates are classified as“certification requirement f

127、or SPS reasons”,A83.Given that both certificates are obtained separately,with a different set of procedures and probably from different institutions,they are registered separately.In this way,the double certification of fishery products is also reflected in the database.It is crucial that the differ

128、ences between measures with the same NTM code be clearly indicated in the“Description”field in the“Measure Classification”form of the TRAINS Data Entry Tool.Furthermore,the“Location(s)in the Regulation(reference)”field in the“Measure Classification”form also helps to distinguish measures contained i

129、n the same regulation.The“Location(s)in the Regulation(reference)”is the specific text within a regulation(for example,a section or paragraph)where each measure is described,and it should be registered in the corresponding field.(c)Different regulations imposing the same measureIf two separate regul

130、ations impose measures that are different but would be assigned the same code,the measure code is registered twice,each with its corresponding official regulation.12Example:Regulation A imposes that the weight of the product be put on a label,and regulation B requires that the fat and sugar content

131、must also be indicated on the product.In this case,the code B31 is registered twice,once under each regulation.The idea behind this is that a separate and new requirement is assumed to be a new requirement that companies need to comply with,and this needs to be reflected in the database as a new ent

132、ry.Should two separate regulations jointly define or refer to exactly the same measure,the measure is only registered once under the most specific and trade-related regulation.If the two regulations are not related,the title of the other regulation may be indicated in the“Notes”field next to the mai

133、n regulation.If the two regulations are related,for example,a decree or a circular illustrating or giving more details on a requirement stated in a general law,then the general law should be listed in the field“Supporting Regulations”while the decree/circular should be listed in the field“Lead Regul

134、ation”.Two examples shall illustrate which regulation should be registered:Example 1:A general phytosanitary law empowers a countrys ministry of health to publish regulations on the maximum residue limits of fertilizers in imported agricultural food products(Regulation 1).The ministry then publishes

135、 such technical regulations with detailed residue limits for various food products(Regulation 2).The measure A21 is then registered under the latter technical regulation,as it is more specific and still trade-related.In this example,the latter technical regulation(Regulation 2)is listed in the field

136、“Lead Regulation”,while the general phytosanitary law(Regulation 1)is listed in the field“Supporting Regulations”.Example 2:A decree(Regulation 4)requires that imported food products need to follow a pre-existing national norm(Regulation 3)which until then only regulated national production.While th

137、e pre-existing national norm is more specific,it is not trade-related in itself.Therefore,the import-related decree(Regulation 4)is to be registered as the main regulation(in the field“Lead regulation”),with the national norm(Regulation 3)being indicated in the“Notes”field.The main point is that two

138、 different regulations referring to the same requirements are to be registered but once,under the name of one of them,not separately.If another regulation is issued(Regulation 5),which mentions again that food products must follow the same national norm,this should not be registered separately,as it

139、 refers to the same requirement,implemented in the same way,even if it is quoted by another legal text,probably from another ministry.(d)Conformity assessment measures are registered together with the corresponding technical requirement“Conformity assessment”(A8 and B8)is a verification process that

140、 accompanies a technical requirement and is intended to prove compliance(figure 3).Figure 3.A requirement and conformity assessment(proof of compliance)Regulation“a”A maximum residuelimit that needs to betested in a laboratoryThe requirementThe proof of compliance134.User guide to coding measuresGui

141、delines for the Collection of Data on Official Non-tariff Measures2023 editionA maximum residue limit(the requirement)may be tested(the proof of compliance)in a laboratory,or product quality(the requirement)may be assessed and proved by a certification(the proof of compliance).Normally,the regulatio

142、n lists both.In this database,both are registered.Example:Raw hemp and hemp seeds for sowing are subject to a system of checks to verify that their tretrahydrocannabinol content does not exceed 0.2 per cent.This is registered both as code B21,“tolerance limits for residues of or contamination by cer

143、tain substances”,and B82,“testing requirement”.In some cases,although there is a requirement,no mandatory test or certification is required.In that case,only the technical requirement is registered in the database.On the contrary,conformity assessment requirements are coded together with the technic

144、al requirement.It is also possible that that a regulation states only that a conformity assessment has to be performed but without specifying the exact underlying technical requirements.In many such cases,the regulation either refers to further forthcoming regulations or indicates that a given domes

145、tic institution will be responsible for defining both technical requirements and conformity assessment procedures.These subsequent and more detailed technical regulations must then be identified and registered instead of the general regulation introducing them.If these more detailed regulations cann

146、ot be found,it is necessary to contact the authorities or implementing institution for clarification.There are three scenarios:(i)If the authorities provide the missing specific regulations,they should be registered;(ii)If the authorities indicate that there are no further technical regulations and

147、that no conformity assessment is performed,no measures should be registered;(iii)If the authorities confirm the application of the general law without further detailed regulations,it is permissible to register the respective conformity assessment(codes within branches A8 and B8)without the underlyin

148、g technical requirements.However,the source of such additional enquiries should be clearly indicated in the notes field.(e)Leading and supporting measures:only the leading measure is registered One regulation may list several measures,which normally have to be registered in the TRAINS Data Entry Too

149、l as separate measures.However,it may be that one measure can be considered a leading measure,while others are measures supporting the same purpose.The data collector needs to register the leading measure only.These cases are rare,though.The key rule of thumb by which to distinguish leading measures

150、 from supporting measures is that when a leading measure is removed,then all supporting measures will automatically disappear.The challenge is that the text of the regulation does not normally distinguish explicitly between leading and supporting measures,as all of them have equal legal importance.T

151、herefore,it is important to identify the measure which reflects the essence of the matter and classify only that measure as the leading one.Example 1:When there is a quota(E2),there may also be a licence to be able to sell within the quota.Only the quota measure is registered in the database.As a ru

152、le,all licences that are meant to administer other measures are not registered.Example 2:Measure A12,“geographical restrictions on eligibility”,implies a positive list of countries allowed to export,which comply with sufficient sanitary and phytosanitary safety conditions.This measure may be accompa

153、nied by a long list of requirements that need to be fulfilled by countries to 14actually be in that positive list.These are not registered.In this case,only A12,which better describes the phenomenon,should be coded.There is one important exception:conformity assessment measures(A8 and B8)are not con

154、sidered supporting measures and are always registered in addition to the underlying requirement(see above),as such procedures tend to be a significant burden for companies.Example:A regulation states that imports are authorized if a certificate is provided to the authorities proving that pesticide r

155、esidues in fresh fruit are below a certain level.The leading measure is classified as a“tolerance limit for residues for SPS reasons”(A21).In addition,the“certification requirement”(A83)is also registered because it is a conformity assessment.The word“authorized”in the regulation can be misleading:i

156、t refers not to an“authorization”(A14)but to an administrative procedure,which would be considered a supporting measure.Conformity assessment measures under chapter P(export measures)follow the same principle.All measures falling under the code P16(conformity assessments)are not considered supportin

157、g measures and are registered together with the requirements issued by the exporting country.They are not to be recorded alone without the underlying requirement.4.2.2 Use the most detailed code available to classify the measure(a)Selecting the most detailed code within a branch A measure should be

158、classified using the most detailed code.If a requirement falls under several codes,then separate measures must be registered for each of these codes.Example:If a regulation specifies labelling,marking and packaging requirements for sanitary and phytosanitary reasons,all three measure codes(A31,A32 a

159、nd A33)must be registered as separate measures.They cannot be summarized under the aggregate code A3.(b)Using a more aggregated code/branchA higher-level code should only be used if a regulation does not provide enough information to assign the measure to a more disaggregated level.Example:A regulat

160、ion generically indicates“price setting by the authorities”for an imported good.Lacking more details,it must be classified as“administrative measures affecting customs value”(F1).The classification F1 is further broken down into the categories“minimum import prices”(F11)and“reference prices”(F12),bu

161、t the regulation does not provide enough information for the coder to choose which further category to use.It should be coded as F1 because no decision can be made as to whether it will take the form of F11 or F12.However,such cases should be rare exceptions,as only precise regulations should be use

162、d for data collection(see also section 3.3).(c)Using measure codes“not elsewhere specified”(n.e.s.);codes ending in 9Codes ending in 9 are used for measures“not elsewhere specified”that is,those measures that cannot be precisely categorized within the codes provided by the classification.Such codes

163、are found at the end of most chapters(for example,A9,B9 and E9)and branches(for example,A19,A89 and A859).154.User guide to coding measuresGuidelines for the Collection of Data on Official Non-tariff Measures2023 editionSuch codes should only be used if a requirement is precisely defined in a regula

164、tion but does not correspond to any other code in the respective chapter or branch.Example:A country requires all imported peas to be washed in disinfectant water at 3 to 5C containing 50 ppm chlorine.This requirement falls under“treatment for elimination of plant and animal pests and disease-causin

165、g organisms in the final products,or prohibition of treatment”(section A5).It is not,however,“cold/heat treatment”(A51),“irradiation“(A52)or“fumigation”(A53).After we eliminate the options A51,A52 and A53,we are left with the sole option of coding it under A59.4.2.3 Only measures actually applied ar

166、e registered(a)Measures for potential or hypothetical situations are not registeredPotential or hypothetical measures are not registered in the database.If a legislation only indicates that measures may be imposed in case of certain events,the measures should not be considered as actually applied an

167、d will not be registered.Example:Food and agricultural products are freely imported,but a regulation says that the“authorities might suspend imports or take interim protective measures when products present any risk for public or animal health,as in the case of dangerous disease outbreaks”.This is n

168、ot an actual prohibition/restriction,but a possibility in case of health risks.It is thus not registered.(b)Measures applied at random are registeredOn the other hand,when the legal text states that a random check is imposed,the measure is registered,because it is considered real,even if not all shi

169、pments are in fact controlled.Example 1:A regulation specifies a list of products that are considered“sensitive”and others“non-sensitive”.While all shipments of“sensitive”products undergo a physical inspection,“non-sensitive”products are only checked randomly.Nevertheless,the respective“inspection r

170、equirement”(A84 or B84)is registered to apply for both product categories.Example 2:in general,when legislation states that an inspection,or any other conformity assessment measure,may be applied to ensure that the product complies with the provisions of the regulation,then this conformity assessmen

171、t is registered in the database.It is often the case that a law mentions the possibility for a certain department to implement a conformity assessment “Ministry of Agriculture may test the product”enabling the government institution in question to issue a specific regulation for its implementation.I

172、n this case,the data collector should register the implementing regulation that describes the test.4.2.4 Indicating whether measures are also applied to products that are produced and sold domesticallySome non-tariff measures only affect traded goods,whereas others may also apply to products that ar

173、e produced and sold domestically.The variable“also Domestic”should be marked as“Yes”,“No”or“Not specified”to indicate whether the measure is equally applied to the domestic market in the“Measure Classification”form of the TRAINS Data Entry Tool.If the measure is also applied to domestic producers se

174、lling on the domestic market,“Yes”should be indicated.If the measure only applies to imported or exported goods,“No”should be indicated.In the(rather rare)cases where the regulations do not specify 16whether the measure applies equally to domestic and imported/exported goods,“Not specified”should be

175、 chosen.The question about the domestic application of measures is particularly interesting for the case of sanitary and phytosanitary measures and technical barriers to trade(chapters A and B).Measures that are generally applied to imported goods only(the variable“also Domestic”marked as“No”)are th

176、e following:pre-shipment inspections(chapter C),contingent trade-protective measures(chapter D),quantitative restrictions(chapter E),most price-control measures and additional taxes(codes F1F6),finance measures(chapter G)and measures affecting competition(chapter H).By contrast,the definition of“int

177、ernal taxes and charges levied on imports”(code F7)implies that the measure is also applied domestically(the variable“also Domestic”marked as“Yes”).Example 1:A legislative text states:“The regulations in this part prohibit or restrict the importation of certain plants,plant products and other articl

178、es to prevent the introduction and dissemination of plant pests and noxious weeds.”For all the respective measures in this part of the regulation it should be indicated that they do not affect domestic products:The variable“also Domestic”should be marked as“No”.Example 2:A regulation reads:“Raw live

179、stock and poultry carcasses and parts that retain water from post-evisceration processing and that are sold,transported or received in commerce must bear a statement on the label in prominent letters stating the maximum percentage of water that may be retained”.In this case,the labelling requirement

180、 applies to both imported and domestic products:The variable“also Domestic”should be marked as“Yes”.Furthermore,all export-related measures(chapter P)may apply only to exports(the variable“also Domestic”marked as“No”),but it may happen that some requirements apply to the product when it is imported,

181、traded internally,produced nationally or exported(the variable“also Domestic”should be marked as“Yes”).4.2.5 Comments on specific measures and wording(a)What is the difference between:(i)-Certification requirement(A83 or B83);-Authorization requirement for SPS/TBT reasons(A14 and B14);-Authorization

182、 requirement for importers for SPS/TBT reasons(A15 and B15);-Non-automatic import licensing(E1).It is common for words such as certification,authorization,and licence to be used interchangeably in legal texts.The interpretation of each concept for the collection of data on non-tariff measures is pro

183、vided below.Certification(A83 or B83)is defined as a technical conformity assessment measure(a sanitary and phytosanitary measure or a technical barrier).Certificates provide proof that an individual shipment complies with specific product characteristics defined by underlying requirements.Certifica

184、tes can be obtained from public or accredited private technical institutions.They are part of the documentation that a company must show at customs to be allowed to import.A14 Authorization requirement for SPS reasons must be obtained to import certain products and is granted at the discretion of a

185、public authority or under conditions that might not be disclosed.(See section 5,where it is noted that sanitary and phytosanitary measures follow certain objectives,even if there is no associated conformity assessment.)174.User guide to coding measuresGuidelines for the Collection of Data on Officia

186、l Non-tariff Measures2023 editionB14 Authorization requirement for importing certain products is similar to A14 in the sense that the importer must obtain authorization,a permit,approval or a licence from a public agency before the importation of its products.This requirement is established to enfor

187、ce technical regulations or conformity assessment procedures,which are about product characteristics,related processes and production methods that are mandatory.The authority may ask for several conformity-assessment procedures in relation to a given authorization requirement.(See section 5,where it

188、 is noted that technical barriers to trade must always be accompanied by conformity assessment to be in line with the WTO agreement on such barriers.)A15 Authorization requirement for importers for sanitary and phytosanitary reasons applies to the importing company rather than a product.Like an auth

189、orization for product import(A14),an authorization requirement for importers is granted at the discretion of a public authority or under conditions that might not be disclosed.B15 Authorization requirement for importers also applies to the importing company,but with the purpose of requiring the impo

190、rters to comply with relevant technical regulations or conformity assessment procedures.To be registered,importers may need to provide further documentation as proof of their compliance with certain requirements from the relevant government agency.Where the authorization is granted without a conform

191、ity assessment or predefined product characteristics or performance requirements for the product,chapter E should be picked instead of sanitary and phytosanitary measures or technical barriers to trade.Non-automatic import licences(E1)fall under a different category.By definition,licences are quanti

192、tative restrictions and can be applied for economic(E11),political(E122)and religious,moral or cultural(E121)reasons,as well as for environmental(E123)and security(E124)reasons or for the protection of public health(E125).Being quantitative restrictions,they are not bound to any conformity assessmen

193、t with technical regulations,unlike the B14 requirement(“authorization”)under chapter B,even if the objectives are sometimes the same in both cases.(ii)-Tolerance limit for residues(A21 and B21);-Restricted use of certain substances(A22 and B22).A tolerance limit for residues(A21 and B21),often refe

194、rred to as a maximum residue limit,refers to the presence of contaminants that are not ingredients,such as pesticides.The“restricted use of certain substances”(A22 and B22)targets ingredients and additives that could be harmful or unhealthy if used abundantly,such as colourants in food.The differenc

195、e between A21 and A22 is that A21 sets the limit for substances which are not intended ingredients but are used during production,while A22 sets limits on(or prohibits)certain substances which are used as ingredients in foods,feeds and their contact materials.Substances limited in products covered b

196、y A21 could be fertilizers,pesticides and certain chemicals and metals in food and feed.These are substances no one would like to have in food or feed only a small amount could be tolerated.Substances restricted in products covered by A22 could be additives or sweeteners.These are substances that we

197、re added on purpose because they have some sort of beneficial effect,for taste,colour,preservation or something else.Since they could be harmful in large quantities,their use is restricted.18(iii)-Labelling(A31 and B31);-Marking(A32 and B32).“Labelling”(A31 and B31)refers to information displayed on

198、 consumer products as packaged for retail sale,including indications on the packaging box of individual products.Typical labelling requirements for food and beverage products can include one or more of the followings:Name of food/product;Country of origin of the product;Ingredients;Nutritional infor

199、mation;English language labelling;Food allergens;andAny chemicals/food additives used.“Marking”(A32 and B32)refers to information displayed on the outer transport container useful for logistics handling.They could be word markings(such as Fragile,Do not stack,Handle with care,This way up)or pictoria

200、l markings/symbols.(iv)-Testing(A82 or B82);-Inspection(A84 or B84).“Testing”(A82 or B82)is generally stricter than“inspection”(A84 or B84).Testing involves laboratory tests(for example,for chemical products)and procedures that“use”(test)the product(for machines or tools).Testing or inspection may t

201、ake place in the exporting or importing country.However,those measures are generally imposed by the importing country as a prerequisite for importation and therefore should be entered in the database as import measures,even when testing is performed in the exporting country.(v)-Product identity requ

202、irement(B6);-Quality/safety/performance requirement(B7).“Product identity requirement”(B6)is used when the regulation sets the conditions that the product should meet to be denominated by a certain name.If it does not comply with those conditions,the product can still be sold,but under another name.

203、Example:A product should have a minimum of 80 per cent orange juice to be called“orange juice”.If its content is lower,it may still be imported under the name“fruit drink”.“Product quality,safety or performance requirement”(B7)sets the minimum quality conditions under which the product can be import

204、ed.Example:These include the specific red colour in tomatoes required for importation,and requirements such as durability,power consumption and size for agricultural products,or sugar content in fruit.However,“product quality,safety or performance requirement”should not be used if another code bette

205、r describes the particular requirement.Example:A legal text may begin by generally stating that“minimum quality standards have to be met”.Later,the precise requirements are defined and,for example,may actually refer to maximum transport temperatures for fresh food products.Thus,the measure should be

206、 coded as“storage and transport conditions”(A64).194.User guide to coding measuresGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition(vi)-Production and post-production process and requirements on final products:A2,A4,A5 and A6A2 covers requirements on the maximum resid

207、ue limit or tolerance limit of substances in food and feed.While A2 sets a permissible maximum level for non-microbiological contaminants,A4 covers measures related to microbiological contaminants.A41 and A42 both cover hygienic requirements related to sanitary and phytosanitary conditions applied e

208、ither to the final product(A41)or throughout the production process(A42).A5 covers a set of requirements focusing specifically on the treatment for elimination of plant and animal pests and disease-causing organisms in the final product(or prohibition of such treatment).Codes within A5 should be use

209、d only when the regulation clearly mentions treatment or prohibition of treatment.Any type of treatment other than cold or heat treatment,irradiation or fumigation should be coded under A59.Any prohibition on any type of treatment for elimination of plant and animal pests and disease-causing organis

210、ms should also be coded under A59.A6 covers other requirements relating to production or post-production processes which do not fall under A2,A4 or A5.(b)Misleading wordsThe use of certain words may confuse the data collector.Legislation may use some words to define legal requirements using common l

211、anguage in a way that does not correspond to the language used in the definition of the classification codes.The following are some examples:(i)Prohibition:The wording of regulations may“prohibit”imports if certain requirements are not met.However,if the importer or the product does comply with the

212、requirements,the import is allowed.In this case,the actual requirement is that the import should be registered,which is not a prohibition.Example:A text may indicate that it is prohibited to import fish containing more than 1 g per g of mercury.This is not a“prohibitions for SPS reasons”(A11)but a“t

213、olerance limit for residues of or contamination by certain(non-microbiological)substances”(A21).(ii)Marking:European Union regulations often mention the European Conformity(CE)marking.Despite its name,the CE marking is a proof of compliance with a certification procedure.It indicates that a product

214、has been assessed by the manufacturer and has been deemed to meet European Union safety,health,and environmental protection requirements.9 Therefore,it should be coded as“certification requirements”(A83 or B83)instead of“marking requirements”(A32 or B32).(c)Export-related measures(P)If a country app

215、lies requirements to its own exports,these requirements are to be classified as export-related measures using a code from chapter P(see further note in section 4.1(a)of these guidelines).Export measures are quite common and are almost as diverse as import-related measures.Requirements should be code

216、d as export measures only when the measure/regulation explicitly specifies that it applies to exports.Chapter P covers a wide range of measures,many of which mirror existing requirements from import chapters of the International classification of non-tariff measures.A particularly important section

217、is 9Source:CE marking obtaining the certificate,European Union requirements-Your Europe(europa.eu)-accessed 04 May 2023.20P1(“SPS-and TBT-related export measures”).It includes all sanitary and phytosanitary measures and technical barriers applied to exports,which correspond to the import-related mea

218、sures listed in chapters A and B.As with chapters A and B,no trade prohibition can be coded as a technical barrier to trade,although NTM code P17 allows the recording of export prohibitions for SPS reasons(thus mirroring NTM code A11).NTM code P12 covers authorization requirements for exporters for

219、sanitary and phytosanitary reasons(thus mirroring A15 and B15).P13 deals with production and post-production requirements to export,similar to those listed in sections A4,A5,A6 or B4 for imported products.P13 covers:Hygienic requirements for sanitary and phytosanitary reasons(see example in A4)Treat

220、ment for elimination of plant and animal pests and disease-causing organisms in the final products(e.g.post-harvest treatment)or prohibition of treatment(see examples in A5)Other sanitary and phytosanitary requirements on production or post-production(see examples in A6)Production or post-production

221、 processes related to technical barriers(see examples in B4)When a regulation imposes more than one of the requirements listed in those bullet points,each of the requirements must be registered separately using the code P13.Example 1:Exported chicken meat shall be produced in approved poultry proces

222、sing plants and transported and stored below 5C.The meat shall go under irradiation treatment before being packed for exportation.In this example,there are two different requirements:treatment(similar to that of A5),and storage and transport conditions(similar to that of A64).Each of the requirement

223、s should be registered as a separate measure but classified under the same code(P13).In this example,P13 will be registered twice.P14 covers requirements on the quality,safety or performance of exported products,similar to the requirements listed in sections A2,B2 and B7.Unlike chapters A and B,whic

224、h list labelling,marking and packaging requirements as separate codes,chapter P regroups all these requirements under P15.If a regulation in the exporting country requires more than one of those requirements,each of them will need to be registered under the same code(P15).Example 2:For bottled beer

225、to be exported,the bottles must be labelled in the local language and English.The beer bottles must be packed in a lot of 12 bottles per box,and clear marks that say“Fragile”must be displayed on all sides of the box.Since there is only one code(P15)to capture the labelling,marking and packaging requ

226、irements for exported bottled beer,each specific requirement will be recorded separately in the database,as separate measures,with the same code(P15).In this example,P15 will be registered three times.Though we do not code ordinary import duties/tariffs,we do code export duties/tariffs which are cov

227、ered by NTM code P42 on Export taxes and duties.Sections P2 to P9 cover other export requirements outside the scope of technical sanitary and phytosanitary measures.214.User guide to coding measuresGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition(d)Systems approach(A

228、13)This measure is defined to contain several simultaneous requirements.This code should be used only when the designations“systems approach”or“HACCP”(hazard analysis and critical control points)are found in the text of the regulation.Having this measure in the classification helps to classify those

229、 specific cases where the country uses this as an approach to the regulation of food and agriculture.Specific requirements should also be recorded under the corresponding code.(e)Cases when the list of countries affected by a prohibition measure is not availableFor temporary prohibitions from region

230、s/countries affected by some disease etc.(e.g.avian influenza),the data coder should try to get the list of countries affected from the government/customs and code it as A11,as the Guidelines for the collection of data on official non-tariff measures 2021 version indicates.For the cases when it is i

231、mpossible to get such a list,NTM code A19 should be used instead of A11 with the affected countries as World.In this case a note should be included in the measure description indicating that the list of countries currently affected by the measure could not be obtained and should be checked with the

232、government.(f)What happens if I do not find the code for my measure?In case of remaining doubts,an email may be sent to ntmunctad.org for clarification on how to classify the measure.Please refer to section 2.1(c)on the principle for using“n.e.s.”or more disaggregated codes.4.3 Principles for updati

233、ng measuresThe first time data on non-tariff measures is collected in a country,information describing the current state of all trade-control measures in force at a certain point in time is made available,providing a snapshot of the measures at that point in time.Some of the regulations in place hav

234、e been issued just before that moment,but others may have been issued many years before and are still in force.The objective of the update is to have another snapshot of the status of the measures at a later point in time.The two points in time could then be compared.10The principles for updating me

235、asures and entering them correctly in the TRAINS Data Entry Tool closely follow the principles of coding measures detailed in section 4.2.Drawing on the stock of existing regulations of a countrys past data on non-tariff measures,the data collector will have to identify which regulations are unchang

236、ed and which have been amended or repealed at the time of the update.The data collector may also correct past mistakes and identify new sources of regulations and measures.There are four sources of variation in the data over time:1.New regulation:The regulation is entirely new and does not change or

237、 repeal an already existing regulation;2.Amended regulation:The regulation is an amendment modifying some information in an already existing regulation.The old measure is otherwise still in force;3.Repealed regulation:The regulation repeals an existing regulation.There are two cases:a regulation can

238、 simply be repealed or revoked,and all the associated measures are not in force anymore,or the 10If the update was done several years later,it could be that some regulations were adopted after the first data collection and revoked before the second.Those regulations would not be included in the upda

239、ted data.22new regulation repeals an old measure and replaces it with a new regulation.Here,cases one and three are combined;4.Corrected regulation:The regulation is corrected for its mistakes.This also includes the possibility to add other regulations because they were missed in the previous round

240、of data collection.When updating measures,the following principles should be followed:4.3.1 New regulationWhen a regulation is entirely new and does not amend any regulation already collected,follow the same process as for collecting the measures for the first time in a country,as described in secti

241、on 4.2.4.3.2 Regulation is an amendmentWhen you encounter an amendment to a previously collected regulation,enter the amended regulation with the TRAINS Data Entry Tool and make corresponding updates to previous entries.The system makes it possible to link the amended regulation to the previously ex

242、isting regulation that is being amended.4.3.3 Regulation is no longer in effect If a regulation is simply no longer in effect,the respective repeal date should be added to the regulation.The regulation will be kept in the system but marked as repealed with clearly indicated implementation and repeal

243、 dates.4.3.4 Regulation needs to be corrected When erroneous information was recorded in previous projects,the information should be corrected.Incorrect information on regulations or measures collected in previous rounds of data collection may include typos,mistaken codes,incorrectly coded affected

244、products or mistakes in respect of affected countries.4.3.5 Regulations not recorded in previous data collectionAnother type of mistake is entirely missing regulations that were in force at the time of the previous data collection but not recorded.By simply adding the regulation in the new data coll

245、ection exercise and registering the correct implementation date,the system will automatically and retroactively add the missing regulation to old data sets.234.User guide to coding measuresGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition4.4 Development of the Interna

246、tional Classification of Non-Tariff Measures Section 4.2 described in detail how to code measures.All codes used come from the International Classification of Non-Tariff Measures.The International Classification is a taxonomy of all those measures considered relevant in international trade today.It

247、builds on a previous classification developed by UNCTAD and by several international organizations forming the Multi-Agency Support Team(MAST).The final proposal of the MAST group was revised by UNCTAD and all relevant divisions of the World Trade Organization Secretariat and tested for data collect

248、ion in the field by the International Trade Centre and UNCTAD.The work resulted in the 2012 version of the publication.The classification is considered an evolving one,adaptable to the reality of international trade and data collection needs.The MAST group,which discussed and proposed this classific

249、ation,is composed of the following organizations:the Food and Agriculture Organization of the United Nations,the International Trade Centre,the Organization for Economic Cooperation and Development(OECD),UNCTAD,the United Nations Industrial Development Organization,the World Bank and WTO.To address

250、the growing complexity of international trade,the MAST group,other experts and government officials refined the 2012 version from 2015 to 2018.The revised version was adopted by all working groups in 2018/19.In March 2019,the Statistical Commission endorsed the classification for data collection acr

251、oss countries and for reporting internationally comparable data on non-tariff measures.245.Distinguishing between sanitary and phytosanitary measures and technical barriers to tradeThe difference between the chapters on sanitary and phytosanitary measures and technical barriers to trade might be elu

252、sive in some cases.As a rule,the principles set out in the relevant WTO agreements are respected.The chapter on sanitary and phytosanitary measures covers all measures to protect human or animal health from food-borne risks,to protect human health from diseases carried by animals or plants and to pr

253、otect animals and plants from pests or diseases,whether or not these are requirements related to product characteristics or their related processes and production methods.The chapter on technical barriers to trade covers all technical regulations and conformity assessment procedures not covered by t

254、he chapter on sanitary and phytosanitary measures(figure 4).Technical regulation is defined by the WTO Agreement on Technical Barriers to Trade as a mandatory document laying down product characteristics or their related processes and production methods.Governments may introduce technical barriers f

255、or legitimate non-SPS objectives,such as national security,the prevention of deceptive practices,the protection of the environment and protection of human health or safety,animal or plant life or health.For a requirement to be considered a technical barrier,it must be a technical requirement or conf

256、ormity assessment procedure(instituted not for sanitary or phytosanitary reasons)and have a legitimate objective such as one of those stated above.Hence,quantitative measures such as prohibition or quotas would not fall under this chapter,even if they have such a legitimate objective as protection o

257、f the environment.Figure 4.Technical regulationsWhat is SPS will notbe considered TBT5.1 Sanitary and phytosanitary measuresThe WTO Agreement on Sanitary and Phytosanitary Measures covers measures applied in the case of:Food safety:Food-borne risks to human or animal health,caused,for example,by add

258、itives,contaminants,toxins or disease-causing organisms in food,beverages or feed;Diseases:Risks to human health from animal-or plant-borne diseases,and products thereof;Pests:Risks to animals or plants from pests(entry,establishment or spread),diseases,and disease-causing and disease-carrying organ

259、isms.(The health of animals includes fish and wild fauna.The health of plants includes forests and wild flora.)(See box 3.)255.Distinguishing between sanitary and phytosanitary measures andtechnical barriers to tradeGuidelines for the Collection of Data on Official Non-tariff Measures2023 editionBox

260、 3.Sanitary and phytosanitary measures(examples)Requiring animals and animal products to come from disease-free areas;Prohibition of poultry from regions infected with highly pathogenic avian influenza;Inspection requirements of products for microbiological contaminants;Mandating a specific fumigati

261、on treatment for products;Setting maximum allowable levels of pesticide residues in food;Restrictions on additives in food or drink;Restrictions on contaminants in food or drink;Restrictions on toxic/poisonous substances in food or drink;Restrictions on residues of veterinary drugs or pesticides in

262、food or drink;Certification requirement for food safety,and animal or plant health;Required processing methods with implications for food safety;Labelling requirements directly related to food safety;Plant and animal quarantine;Preventing disease or pests spreading to a country.5.2 Technical barrier

263、s to tradeThe WTO Agreement on Technical Barriers to Trade permits the introduction of technical measures to meet a variety of legitimate objectives,including:national security,prevention of deceptive practices,protection of human health or safety(other than from sanitary or phytosanitary risks),pro

264、tection of animal or plant life or health(other than from sanitary or phytosanitary risks)and protection of the environment,as long as these measures are related to product characteristics or their related processes and production methods.Hence,prohibition and other quantitative restrictions in rela

265、tion to the above-mentioned objectives do fall not under chapter B but under chapter E.See box 4.Box 4.Technical barriers to trade(examples)Labelling of composition or quality of food,drink and drugs;Quality requirements for fresh food;Volume,shape and appearance of packaging;Packaging and labelling

266、 for dangerous chemicals and toxic substances,pesticides and fertilizer;Regulations for electrical appliances,cordless telephones,radio equipment and the like,specifying characteristics on the products or performance requirements;Textile and garment labelling;Testing vehicles and accessories;Regulat

267、ions for ships and ship equipment,specifying characteristics of the products or performance requirements;Safety regulations for toys,specifying characteristics of the products or performance requirements.265.3 No possible overlapThe definitions of the agreements on sanitary and phytosanitary measure

268、s and on technical barriers imply that there cannot be overlap between the measures and the technical barriers.Figure 5 provides a simple decision-making diagram on whether a measure falls under the chapter on sanitary and phytosanitary measures or the chapter on technical barriers.Figure 5.Sanitary

269、 and phytosanitary measures and technical barriers(distinctions)Does the measure serve to protect these factors(human life,animal life,plant life or a country)from these risks?the entry,establishment or spread of pests,diseases,disease-carrying organismsor disease-causing organisms;additives,contami

270、nants,toxins or disease-causing organisms in foods,beverages or feedstuffs;diseases carried by animals,pests,or plants or products thereof;YESSPSNODoes the measure lay down mandatory requirements on:Product characteristics Production processes or methods Conformity assessment proceduresYESTBTNOOther

271、 chaptersIs the measure applied with the objectives of protecting human,animal or plant life or health,or a country,from the risks of:To fulfill an objective of protecting,inter alia:Human life/health Reduction of occupational health hazards,allergies,injury in the event of accidents,electric shocks

272、 EnvironmentEndangered speciesEmissions levels Consumer concernsPrevention of deceptive practices OtherQuality,national security Source:UNCTAD based on WTO definition of sanitary and phytosanitary measures and technical barriers to trade,available at www.wto.org/english/tratop_e/sps_e/spsund_e.htm(a

273、ccessed 14 February 2023)and www.wto.org/english/tratop_e/tbt_e/tbt_e.htm(accessed 14 February 2023).As illustrated,neither the measures nor the technical barriers are defined according to product coverage alone.While most of the measures related to food products are sanitary and phytosanitary measu

274、res,it is possible to find technical barriers to trade in food products,too,if the measure does not relate to food safety.Along the same lines,sanitary and phytosanitary measures are mostly on food products,but there could also be such measures on non-food products.Example of a technical barrier to

275、trade in food:Labelling on the nutritional content of foods or a certain size for fruits is required.The measure relates to the composition or quality of food,not to health risks or diseases.It is therefore classified as a technical barrier(B31).Example of a sanitary and phytosanitary measures conce

276、rning non-food product:fumigation requirements on all shipments to control pests hidden in boxes,even for manufactures.The protection of human health can fall under the sanitary and phytosanitary or the technical barrier category depending on whether the measure relates to food,drinks or feed(sanita

277、ry and phytosanitary)or other products(technical barrier).275.Distinguishing between sanitary and phytosanitary measures andtechnical barriers to tradeGuidelines for the Collection of Data on Official Non-tariff Measures2023 editionExamples:Health-related technical barriers include pharmaceutical re

278、strictions and the labelling of cigarettes.Measures related to human disease control fall under the Agreement on Technical Barriers,unless they concern diseases carried by plants or animals(such as rabies).On the other hand,regulations which address microbiological contamination of food,set allowabl

279、e levels of pesticide or veterinary drug residues or identify permitted food additives,fall under the Agreement on Sanitary and Phytosanitary Measures.If packaging requirements are related to the safety of food,drinks or feed,they are classified as sanitary and phytosanitary measures.Otherwise,they

280、are considered technical barriers.Although the two agreements do not overlap,a single government regulation may contain both sanitary and phytosanitary measures and technical barriers.Example:Labelling requirements for food often include both sanitary and phytosanitary measures and technical barrier

281、s(A31 and B31).Some of the information that must be included in a label usually pertains to sanitary and phytosanitary measures and some to technical barriers.A food label may include information about calories or salt content,which falls under technical barriers,and allergy warnings,which are sanit

282、ary and phytosanitary measures.Unless a labelling regulation precisely states only one or the other,it should be registered as both by default.5.4 Some difficult cases for sanitary and phytosanitary measures/technical barriers to tradeFood labelling:Health warnings on allergies,use,dosage for permit

283、ted food with the objective of protecting consumer health SPSRegulation on label position,lettering,nutrient content,quality TBTHealth warnings(with the objective of protecting consumer health)and nutritional value labelling both SPS and TBT(registered as two separate measures)Fertilizer:Fertilizer

284、residue limit in food and animal feed with the objective of protecting human health and animal health SPS(on food and feed products);Safe handling instructions to protect farmers from possible harm from handling fertilizer TBT(on fertilizer)Containers for shipping grain:Regulation on fumigation,disi

285、nfectant,to prevent disease spreading with the objective of protecting humans/animals/plants from the spread of disease SPSRegulation on size,construction/structure,safe handling TBTFruit:Regulation on treatment of imported fruit to prevent pests spreading with the objective of protecting human/anim

286、al health from the spread of pests SPSRegulation on quality,grading and labelling of imported fruit TBTBottled water specifications for the bottles:28Materials that can be used because they are safe for human health with the objective of protecting human health SPSPermitted sizes to ensure standard

287、volumes TBTPermitted shapes to allow stacking and displaying shapes TBTAnimal welfare:Any regulation on how the animals should be raised or slaughtered,only for their benefit,not for any nutritional or safety purposes TBTGenetically modified organisms(GMOs):To protect humans from potentially contami

288、nated/toxic foods,animals from(GMO-related)toxins in the plants they eat,and the like SPSConcerns that GMO foods may be less nutritious TBTBiodiversity concerns TBTRequirement that GMO products that have been determined to present no health risk but nonetheless must be labelled,the labelling require

289、ment also falls under TBT TBTToys:Although many measures related to toys are meant to protect childrens health,it should be assumed that requirements on toys fall not under sanitary and phytosanitary measures but under technical barriers TBTCigarettes:Tolerance limits of certain chemicals in pharmac

290、eutical products or the labelling of cigarettes are considered technical barriers despite their objectives to protect human health because they do not involve food-borne diseases or diseases carried by plants or animals TBT295.Distinguishing between sanitary and phytosanitary measures andtechnical b

291、arriers to tradeGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition6.Selecting the corresponding product codes6.1.What is the Harmonized System?The Harmonized Commodity Description and Coding System,generally referred to as the Harmonized System or simply HS,is a multip

292、urpose international product nomenclature developed by the World Customs Organization.11 It comprises about 5,000 commodity groups,each identified by a six-digit code,arranged in a legal and logical structure,and it is supported by well-defined rules to achieve uniform classification.The system is u

293、sed by more than 200 countries and economies as a basis for their customs tariffs and for the collection of international trade statistics.Over 98 per cent of the merchandise in international trade is classified in terms of the Harmonized System.6.2.How to select product codesAll measures should be

294、matched with Harmonized System product codes.UNCTAD will provide the respective classifications in the TRAINS Data Entry Tool.The tool will record the measures affecting products at the Harmonized Systemlevel(six digits).Often,affected products correspond to more than one Harmonized System code item

295、.A Harmonized System code may be used at the two-,four-or six-digit level only if all tariff lines within the selected code are affected by a measure.Example:Harmonized System code 0201“Meat of bovine animals,fresh or chilled”may be used only if all Harmonized System six-digit products within it(tha

296、t is,020110“Fresh or chilled bovine carcasses and half carcasses”,020120“Other cuts with bone in”and 020130“Boneless”are all affected by the measure.Normally,the regulation does not provide product codes but a description of the product.It may give a general description,which may not correspond to t

297、he Harmonized System six-digit code description.Therefore,it is important that the original text describing the affected products be preserved and recorded in the database for checking and updating purposes.The data collector should register the description of the products affected by the measure in

298、 both the original language(the language in which the regulation is written)and English.This facilitates tracking the correspondence between the System codes assigned to the products and the description of the products.The data collector may also use some product groups that are often found in the t

299、rade regulations and that UNCTAD makes available in the TRAINS Data Entry Tool.These groups comprise many System codes,often from different chapters.In order to facilitate the work,UNCTAD has assigned corresponding System codes for those product groups,which can be consulted by clicking on“Select fr

300、om Product Groups”in the“Affected Products”form in the TRAINS Data Entry Tool.The most frequently used product groups in trade regulations are as follows:Agricultural productsDangerous chemicalsFish products and fresh or chilled fishFishery productsFood productsFoodstuffs of non-animal origin11More

301、information about the Harmonized System is available online at www.wcoomd.org/en/topics/nomenclature/overview/what-is-the-harmonized-system.aspx(accessed 20 February 2023).30Fresh fruit and vegetablesIron and steel productsMeat products and fresh or chilled meatOzone-depleting products(Montreal Prot

302、ocol)Ozone-depleting substances(Montreal Protocol)Poultry meatTextile productsNarcotic drugs and psychotropic substances(Narcotics Convention)Endangered species(Convention on International Trade in Endangered Species of Wild Fauna and Flora)Chemical weapons(Chemical Weapons Convention)Alcoholic beve

303、ragesHazardous chemicals and pesticides(Rotterdam Convention)Persistent organic pollutants(Stockholm Convention)Radioactive substancesThese product groups are by no means exhaustive,and the list will be expanded as more groups of products are identified.The data collector can also create their own p

304、roduct groups to facilitate the coding process,in case certain sets of products are mentioned multiple times in the dataset.The data collector will use the option“Create own product group”in the“Affected products”form in the TRAINS Data Entry Tool.6.3 Tools to identify product codesUNCTAD provides i

305、n the TRAINS Data Entry Tool the product codes and descriptions of the Harmonized System.The data collector may also use external tools that provide a search option to help identify the correct code/s.One very useful tool is the Eurostat Combined Nomenclature Search Engine:Go to https:/ for keywords

306、 and specify further details in the online tool in order to identify product codes;the tool is only available in EnglishIt can be searched by word or browsingImportant note:Use this tool only to identify products down to the six-digit level.Codes with more digits refer to the tariff line level of th

307、e European Union,not the country of data collection.For UNCTAD NTM data collection,only the six-digit Harmonized System code will be recorded for the affected products.6.4 Principles for the use of“partial product coverage”The products indicated in a regulation are sometimes very specific and the Ha

308、rmonized System does not always provide the necessary detail to appropriately classify them.In some cases,such details need to be further specified as“partial coverage”of registered product codes.However,the use of partial product coverage should be avoided unless absolutely necessary.The following

309、principles and examples provide guidance.316.Selecting the corresponding product codesGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition(a)When to use partial product coverage(i)The affected products are more specific than the products defined at the Harmonized Systems

310、 six-digit level.Example 1:If a System code defines apples but a measure only affects green apples,the corresponding product codes should be inserted and the indication“partial coverage”should be marked.The reason should be explained in the field that appears to the right of the“partial coverage”ind

311、ication for example,“exclusively applied to green apples”.Example 2:A measure affects all textile products except folkloric textiles,but there is no System product code distinguishing folkloric and non-folklore textiles.For the corresponding product codes for textiles,partial coverage should be indi

312、cated.The exception should be explained in the field that appears to the right of the“partial coverage”indication for example,“except folklore textiles”.(ii)Products may be affected only if they are used for certain purposes.Product codes may be identified,but the measure is applied only if the prod

313、uct has a specific use or application.Example 1:Plastics that come into contact with food must comply with certain purity requirements.In this case,for the corresponding product codes for plastics,partial coverage should be indicated.The reason should be explained in the field that appears to the ri

314、ght of the“partial coverage”indication for example,“applied only to materials supposed to be in contact with food”.Example 2:There is an importer registration requirement for hemp seeds not intended for sowing.In this case,for the corresponding product codes for hemp,partial coverage should be indic

315、ated.The reason should be given in the field that appears to the right of the indication“partial coverage”for example,“related exclusively to hemp seeds not intended for sowing”.(b)Do not use“partial product coverage”if product codes that are more highly disaggregated are sufficient descriptorsIn ma

316、ny cases,a thorough review of products classified in the Harmonized System will reveal product codes that are specific enough to describe the relevant products without the need to indicate partial product coverage.Example 1:A regulation requires that soya and cotton seeds used for sowing must underg

317、o laboratory tests to prove that they are free of pests(SPS“testing requirement”A82).WrongRightIt is incorrect to register HS 1201 for soya seeds and specify“partial product coverage”with the indication“used for sowing”.Both soya and cotton seeds have a specific HS six-digit code if they are used fo

318、r sowing:HS 120110 and 120721.These must be selected with full coverage.32Example 2:A regulation requires that Sesamum seeds used for sowing must undergo laboratory tests to prove that they are free of pests(SPS“testing requirement”A82).WrongRightIt is incorrect to mention the regulation for the who

319、le of HS 120740.Unlike the above example,there is no distinction of uses at the HS six-digit level with respect to sesamum seeds(HS 120740 “Sesamum seeds,whether or not broken”).Using partial product coverage is necessary in this case.(c)Avoid using“partial product coverage”with all products,product

320、 groups and aggregated Harmonized System product codes(especially at the Harmonized System two-digit level)In principle,it is not wrong to use partial product coverage with product groups or aggregate Harmonized System product codes.However,it is very likely that at least one of the products at the

321、six-digit level is either not affected at all or is fully affected by the measure.If so,it is not permissible to use the product group or aggregate System code.The affected products must then be registered individually,with the respective correct indication(full coverage or partial coverage).Example

322、:A regulation affects“fresh edible nuts”.All edible nuts are included in HS 0801(coconuts,Brazil nuts and cashew nuts)and HS 0802(other nuts).WrongRightIt is incorrect to register HS 0801 and 0802 and indicate“partial product coverage”with the indication“only fresh nuts”for both HS four-digit codes.

323、At the HS six-digit level,not all descriptions refer to“fresh or dried”varieties of the respective nuts.There are products fully covered and others fully excluded.In the case of HS 0802,it is correct to register the HS four-digit code with“partial product coverage”with the indication“only fresh nuts

324、”.Indeed,every product description at the six-digit level within 0802 refers to“fresh or dried”.However,for HS 0801 it is different:HS 080112 and 080119 refer only to fresh coconuts and must be fully included without“partial product coverage”.HS 080111 refers only to“desiccated coconuts”and must be

325、fully excluded.336.Selecting the corresponding product codesGuidelines for the Collection of Data on Official Non-tariff Measures2023 edition(d)Do not confuse the non-tariff measure requirement with partial product coverageMeasures usually define conditions(SPS/TBT requirements,obtaining a licence a

326、nd the like)under which imports are allowed.However,the wording of regulations is often negative,referring to a prohibition unless certain conditions are fulfilled.This should not be confused with a prohibition of a subset of the respective products,and this subset should not be indicated as partial

327、 product coverage.Instead,the adequate code should be selected to define the import conditions.The affected products are accordingly registered without partial product coverage.Example:A regulation prohibits the import of refrigerators and freezers that contain chlorofluorocarbons(CFCs).WrongRightIt

328、 is incorrect to specify the measure“prohibition for TBT reasons”(B11)with a“partial product coverage”indicating“only those containing CFCs”.The word“prohibits”is misleading in this case,as imports are allowed under the specified condition.This measure should be interpreted as“restricted use of cert

329、ain substances”(B22),applied to all refrigerators and freezers:Full coverage of HS codes 841810,841821,841829,841830 and 841840.(e)Group all measures with the same requirement for multiple products Regulations are sometimes very detailed and list the same(or very similar)requirements multiple times

330、for multiple products.Instead of registering each of them separately,the data collector should group them all in a single measure and list all affected products.If all the products jointly conform to a product group for example,at the Systems four-digit level then the group should be selected.Otherw

331、ise,they should be registered individually.Example 1:A decree sets the maximum level of bacteria allowed in yogurt(code 040310)and the maximum level of bacteria allowed in buttermilk,curdled milk and cream,kephir,other fermented milk,cream(code 040390).These two measures can be registered as one aff

332、ecting the four-digit HS code(0403)that corresponds to buttermilk,yogurt,kephir etc.,flavoured or not.WrongRightOne measure on yogurt(code 040310)with full coverage.A second measure on buttermilk,curdled milk and cream,kephir,other fermented milk,cream(code 040390).One single measure on“buttermilk,y

333、ogurt,kephir etc.,flavoured or not”(code 0403)with full coverage.34Example 2:A decree sets the maximum level of bacteria allowed in sweetened yogurt(code 040310)and the maximum level of bacteria allowed in non-sweetened yogurt(code 040310).These two measures can be registered as one affecting the four-digit HS code(0403)that corresponds to buttermilk,yogurt,kephir etc.,flavoured or not.WrongRightO