1、Study on Transparency of Technical Barriers to Trade Notifications in the APEC Region APEC Committee on Trade and InvestmentInsert Month Year of PublicationStudy on Transparency of Technical Barriers to Trade Notifications in the APEC Region APEC Committee on Trade and Investment June 2022 APEC Proj

2、ect:2020/CTI2/IS06 Produced by Ms.Claudia ROSAS,Trade Officer(crosasmincetur.gob.pe)Mr.Marcelo VALVERDE,Coordinator of SPS Measures(mvalverdemincetur.gob.pe)Ms.Pia ARANYA,Assistant(caranyamincetur.gob.pe)And Staff of the APEC General Coordination-Mr.Julio CHAN(jchanmincetur.gob.pe)-Mr.Walter IBARRA(

3、wibarramincetur.gob.pe)-Ms.Kathya VILCHEZ(kvilchezmincetur.gob.pe)For Asia Pacific Economic Cooperation Secretariat 35 Heng Mui Keng Terrace Singapore 119616 Tel:(65)68919 600 Fax:(65)68919 690 Email:infoapec.org Website:www.apec.org 2022 APEC Secretariat APEC#222-CT-01.7 3 ACKNOWLEDGMENTS The autho

4、rs of this study extend their upmost gratitude to the many Peruvian government agencies,academia and private sector experts who provided support and inputs during the whole process in making this study a reality.This includes the Peruvian National Network for Asia Pacific Studies(REDAP,for its acron

5、ym in Spanish)and the Foreign Trade Association of Peru(COMEXPERU,for its acronym in Spanish).Last but not least,the authors also thanks Asia-Pacific Economic Cooperation(APEC)economies that provided comments,suggestions and support during the development of the study providing most valuable inputs

6、for improving it.4 Study on Transparency of Technical Barriers to Trade Notifications in the APEC region 5 GLOSSARY ABAC APEC Business Advisory Council APEC Asia-Pacific Economic Cooperation ASC APEC Study Center COMEXPERU Foreign Trade Association of Peru CTI Committee on Trade and Investment HS Ha

7、rmonized System ICS International Classification of Standards I-TIP Integrated Trade Intelligence Portal MAG Market Access Group MSME Micro,Small and Medium-sized Enterprise NTB Non-Tariff Barrier NTM Non-Tariff Measure PPD Public Private Dialogue REDAP Peruvian National Network for Asia Pacific Stu

8、dies RIA Regulatory Impact Assessment SCSC Sub-Committee on Standards and Conformance SPS Sanitary and Phytosanitary STC Specific Trade Concern TBT Technical Barriers to Trade TBT IMS TBT Information Management System WTO World Trade Organization 6 EXECUTIVE SUMMARY As tariffs tend to decrease,Non-T

9、ariff Measures(NTMs)are increasing in number and complexity across the world.In APEC,measures that may contain non-tariff barriers to trade,such as Technical Barriers to Trade(TBT),are one of the most employed NTMs.Under the WTO Agreement on Technical Barriers to Trade,Members are required to notify

10、 technical regulations and conformity assessment procedures.Although WTO Members generally comply with notifying technical regulations and conformity assessment procedures,some TBT notifications lack adequate information necessary to satisfy business needs,an issue which APEC economies have also wit

11、nessed.In fact,the APEC Business Advisory Councils(ABAC)study,Non-Tariff Barriers in Agriculture and Food Trade in APEC:Business Perspectives on Impacts and Solutions(2016),reports that TBT measures are most burdensome when compared to other NTMs,since they have the greatest negative impact in terms

12、 of time and cost.The ABAC study also highlights APEC Economies businesses major problems with WTO Members TBT notifications,including inconsistency,lack of transparency,and sudden changes to notified measures.These problems are mainly related to technical measures addressing labelling,testing proto

13、cols and product classification.If unaddressed,these problems will continue to increase transaction costs and pose obstacles to Micro,Small and Medium-sized enterprises(MSMEs)looking to formulate efficient business decisions to export their products.As the APECs study Non-Tariff Measures Affecting S

14、mall and Medium Enterprises in the Asia-Pacific Region(2016)states,from the business perspective,specially MSMEs,TBT measures tend to impose complicated requirements,and several procedural obstacles.MSMEs would benefit greatly from improved transparency in TBT notifications.The inclusion of availabl

15、e,accessible information,particularly regarding compliance with new requirements,would ease the current obstacles faced by MSMEs and increase the utility of TBT notifications.In 2020,APECs Committee on Trade and Investment(CTI)approved Perus Initiative on Promoting Transparency of Technical Barriers

16、 to Trade(TBT)World Trade Organization(WTO)Notifications:Improving Completeness and Clearness of Information”(2020/CTI2/IS06).This self-funded study represents the first part of the initiative and aims to evaluate the completeness and clearness of the information provided by APEC Members in accordan

17、ce with the WTO TBT Enquiry Point Guide:Making Transparency Work(2018)and Decisions and Recommendations adopted by the WTO TBT Committee(G/TBT/1/Rev.14).The scope of this study includes a representative sample of regular and emergency notifications,and their respective addenda and corrigenda;submitt

18、ed by APEC economies between 2015 and 2019.It also includes a questionnaire to evaluate private sector experiences on the matter.This study is divided into five sections.The first section focuses on transparency principles in the WTO TBT Agreement and identification of the general problem.The second

19、 section presents the methodology used for the analysis of WTO TBT notifications.The third section provides the results of the evaluation of TBT notifications with their respective addenda and corrigenda.The fourth section outlines private sector perceptions on WTO TBT notifications.The fifth and fi

20、nal section presents conclusions.The results of this self-funded study will(1)identify key items in TBT notifications that should be 7 improved with respect to completeness and clearness,and(2)highlight private sector perceptions regarding the main challenges related to the transparency of current T

21、BT notification practices.8 TABLE OF CONTENTS 1.TRANSPARENCY OF TECHNICAL BARRIERS TO TRADE IN APEC.10 1.1.TRANSPARENCY PRINCIPLE IN THE TBT AGREEMENT.10 1.2.IDENTIFICATION OF THE PROBLEM.11 2.RESEARCH METHODOLOGY.13 2.1.WTO TBT NOTIFICATIONS.13 2.2.PRIVATE SECTOR EXPERIENCES.14 2.3.OBJECTIVE OF THE

22、 STUDY.14 2.4.SCOPE OF THE STUDY.15 3.RESULTS OF NOTIFICATIONS ANALYSIS.15 3.1.TBT NOTIFICATIONS.15 3.1.1.ITEM 1:NOTIFYING MEMBER.15 3.1.2.ITEM 2:AGENCY RESPONSIBLE.16 3.1.3.ITEM 3:NOTIFIED UNDER.17 3.1.4.ITEM 4:PRODUCTS COVERED.18 3.1.5.ITEM 5:TITLE,TRANSLATIONS.20 3.1.6.ITEM 6:DESCRIPTION OF CONTE

23、NT.21 3.1.7.ITEM 7:OBJECTIVE AND RATIONALE.24 3.1.8.ITEM 8:RELEVANT DOCUMENTS.25 3.1.9.ITEM 9:PROPOSED DATES OF ADOPTION AND ENTRY INTO FORCE 31 3.1.10.ITEM 10:FINAL DATE FOR COMMENTS.33 3.1.11.ITEM 11:TEXTS AVAILABLE FROM THE NATIONAL ENQUIRY POINT 34 3.2.ADDENDA.37 3.3.CORRIGENDA.39 3.4.GENERAL EV

24、ALUATION OF TBT NOTIFICATIONS.40 4.PRIVATE SECTOR EXPERIENCES.41 4.1.KNOWLEDGE AND USE OF WTO TBT NOTIFICATION SYSTEM.41 4.2.SOURCE OF INFORMATION TO OBTAIN WTO TBT NOTIFICATIONS.42 4.3.PERCEPTION OF IMPORTANCE OF ITEMS IN WTO TBT NOTIFICATIONS.43 4.4.PERCEPTION OF MAJOR CHALLENGES AND TRANSPARENCY.

25、44 4.5.ALTERNATIVE CHANNELS OF INFORMATION FOR TBT MEASURES.45 4.6.ALIGNMENT BETWEEN WTO TBT NOTIFICATIONS EVALUATION AND PRIVATE SECTOR PERCEPTION.46 5.CONCLUSIONS.47 9 6.APPENDIX 1:PERUS PROPOSAL ON PROMOTING TRANSPARENCY OF TBT WTO NOTIFICATIONS:IMPROVING COMPLETENESS AND CLEARNESS OF INFORMATION

26、(2020/CTI2/IS06).48 7.APPENDIX 2:TERMS OF REFERENCE.51 8.REFERENCES.64 10 1.TRANSPARENCY OF TECHNICAL BARRIERS TO TRADE IN APEC 1.1.TRANSPARENCY PRINCIPLES IN THE TBT AGREEMENT The framework of the World Trade Organization(WTO)features transparency as a fundamental principle of the multilateral trad

27、ing system.This principle aims to provide clarity,predictability and information on the policies and regulations of the different WTO Members.To achieve a high level of transparency,several legal instruments of the WTO,including the WTO Agreement on Technical Barriers to Trade(the“TBT Agreement”),ha

28、ve incorporated this principle.As transparency is the cornerstone of TBT Agreement,several articles aim to ensure that technical regulations,standards,and conformity assessment procedures do not create unnecessary obstacles to trade.Towards these aims,the TBT Agreement establishes three core element

29、s enshrining the principle of transparency:i.Provisions of notification process:Articles 2.9,2.10,and 3.2 contain notification obligations related to technical regulations,while Articles 5.6,5.7,and 7.2 establish provisions on notification of conformity assessment procedures.ii.Establishment of an E

30、nquiry Point:Article 10.1 ensures that each Member must have an Enquiry Point to manage enquiries from other Members and to provide information related to TBT regulations.Moreover,Article 10.10 establishes that Members shall designate a single notification authority.iii.Publication requirements:Tech

31、nical regulations(Articles 2.9.1 and 2.11)and conformity assessment procedures(Articles 5.6.1 and 5.8)shall be published at an early appropriate stage and promptly.Also,Annex 3 of the TBT Agreement contains obligations regarding publication of standards.The TBT Committee has set out a series of deci

32、sions and recommendations on the implementation of the provisions related to transparency,which have been refined over the years.Through these efforts,the TBT Committee has reiterated the importance that Members fulfill their TBT notification obligations,as they are critical in preventing unnecessar

33、y barriers to trade and allowing Members to provide input on other Members development of technical requirements.The latest,fourteenth revision of the compilation of the TBT Committees Decisions and Recommendations,published in 2019,reiterates the importance of(1)ensuring that Members comply fully w

34、ith the notification requirements in Articles 2.9 and 5.6 of the TBT Agreement,and(2)establishing mechanisms to facilitate internal coordination for the effective implementation of the TBT Agreements transparency-related obligations.The Committee also encourages Members to submit notifications at an

35、 early stage when measures are still in draft form;and to ensure time and adequate opportunity for comments,for comments to be considered and for proposed measures to be modified.Furthermore,the revision includes specific decisions and recommendations on notification timing and format,procedures for

36、 handling comments,and information provided by enquiry points.The notification provisions in the TBT Agreement,as well as the TBT Committees decisions and recommendations,highlight the importance of Members implementation 11 of transparency.According to the WTO TBT Enquiry Point Guide(2018),TBT noti

37、fications identify how Members intend to regulate towards specific policy objectives and the potential trade implications of the notified regulations.Moreover,notifications provide trading partners with the opportunity to receive information about new technical regulations,standards,or conformity as

38、sessment procedures at an appropriate early stage and even provide comments and feedback to ensure concerns and constructive insights are properly considered before the regulations become finalized.Early notifications also help producers and exporters to identify and adapt to changing requirements w

39、ithin a reasonable timeframe.1.2.IDENTIFICATION OF THE PROBLEM According to the WTOs Integrated Trade Intelligence Portal(I-TIP),the frequency of Non-Tariff Measures(NTMs)of all types has increased significantly over the past few years.In addition,TBT measures are by far one of the most commonly use

40、d NTMs among WTO Members(NZIER,2016).As Figure 1 shows,the number of TBT notifications increased by 47.00%between 2009 and 2019,representing 59.03%of all NTMs notifications submitted in 2019.Figure 1.Notifications of Non-Tariff Measures(2009-2019)Similar patterns have been observed in the APEC regio

41、n.According to the Final Review of APECs Progress Towards the Bogor Goals(2020),TBT and Sanitary and Phytosanitary(SPS)measures are by far the most used NTMs by APEC economies.Figure 2 shows that TBT notifications from APEC economies have increased 6.94%yearly from the founding of the WTO and the TB

42、T Agreements entry into force in 1995 up until 2019.Figure 2.Regular TBT Notifications from APEC Economies 05000250020092000019TBTSPSAntidumpingCountervailingSafeguardsSpecial Safeguards12 Despite an increase in the number of TBT notifications,the quality

43、of information provided represents a concern for producers and exporters.According to ABACs Study on Non-Tariff Barriers in Agriculture and Food Trade in APEC:Business Perspectives on Impacts and Solutions(2016),businesses expressed that they consider TBT measures as the most challenging NTMs due to

44、 a perceived lack of transparency.In particular,the study highlights business concerns with access to information related to technical requirements and product classification for better compliance.Respondents also expressed that information available in a single language could be a barrier to comply

45、 with the technical requirements,even though Article 10.9 of TBT Agreement allows Members to notify in one of three official languages.Moreover,the APECs Bogor Goals Progress Report(2018)describes how several technical measures described by businesses as trade-restrictive and non-transparent have be

46、en raised as specific trade concerns(STCs)on the floor of the WTO TBT Committee.Challenges related to transparency also feature in the findings of the Study of APEC Economies TBT and SPS Specific Trade Concerns:An Analysis from the APEC Cross Cutting Principles on Non-Tariff Measures(2020).Figure 3

47、shows that from 1995,the number of TBT STCs presented to an APEC economy has increased annually in 14.54%until 2019(WTO I-TIP).According to the research,the predominant type of STC expressed by Members concerned the lack of transparency related to technical measures.Furthermore,in cases where techni

48、cal measures were notified,Members raising or supporting a transparency-related STC often requested more detailed information regarding the scope of the measure,its technical requirements,and related timelines.In 77.00%of cases where an APEC economy was subject to a TBT STC,the WTO member that raise

49、d or supported the STC was another APEC economy.Figure 3.Number of STCs(APEC Economies subject to STCs)0050060070013 This study evaluates the completeness and clearness of the information provided by APEC Members in their TBT notifications in accordance with the WTO TBT Guidelines.It seek

50、s to identify key items from the TBT notification format that should be improved in terms of information quality.Additionally,this study collects information about the private sector perspective regarding the degree of transparency of TBT notifications.The results of this study will serve as a tool

51、to draft best practices on improving the completeness and clearness of information in APEC economies TBT notifications,according to the provisions established in the TBT Agreement.2.RESEARCH METHODOLOGY This study is based on the methodology applied in the previous Study of APEC Economies Sanitary a

52、nd Phytosanitary(SPS)Notifications on Quality and Completeness of Information(2019).This study was part of Perus initiative Proposal on Promoting Transparency Through the Improvement of Sanitary and Phytosanitary Notifications,which aimed to continue APECs work on a set of recommendations to improve

53、 the quality and integrity of WTO SPS notifications.The objective of this study was to evaluate,using random samples,the quality and completeness of the information provided by APEC economies in WTO SPS notifications,in accordance with WTO guidelines.In that sense,this study developed a set of quest

54、ionnaires to(1)evaluate the quality of information in APEC economies TBT notifications;and(2)assess private sector perceptions on this matter.2.1.WTO TBT NOTIFICATIONS From the 4,507 WTO TBT regular notifications between 2015-2019,this study randomly selected a total of 355 notifications.This is a r

55、epresentative sample which provides a 95%confidence level.Table 1 shows the process of the determination of sample size.Table 1.Process of the determination of sample size.Confidence level 95%Confidence interval 5%33542671366814 523161915 0253014 Total number of notifications 4

56、,507 Sample size 355 The sample was randomly selected and distributed proportionally based on the percentage of notifications from each APEC economy during the aforementioned period.Regular notifications also include both(i)“technical regulations,”and(ii)“conformity assessment procedures”under urgen

57、t circumstances notified according to Articles 2.10.1 and 5.7.1,respectively.Regular TBT notifications are evaluated according to the questionnaire developed in Appendix 2 Annex 2.The purpose of this tool is to evaluate whether the information provided by economies in each item of the TBT notificati

58、on is presented in accordance with the WTO Coherent Use of Notifications Formats(G/TBT/1/Rev.14).Given that any addendum or corrigendum should be read in conjunction with the original notification,the addendum or corrigendum(if any)derived from the selected notifications is evaluated using the quest

59、ionnaires developed in Appendix 2,Annex 3 and 4,respectively.Given that a revision replaces an existing notification,documents are evaluated using the questionnaire in Appendix 2,Annex 2 in cases where regular notifications include revisions.2.2.PRIVATE SECTOR EXPERIENCES Private sector experiences

60、on TBT notifications have been evaluated using the questionnaire developed in Appendix 2,Annex 5.ABAC Peru circulated and disseminated the private sector questionnaires among ABAC members.Private sector responses were received through APECs CTI.In total,74 questionnaires were answered and considered

61、 for this study.2.3.OBJECTIVE OF THE STUDY This study is part of Perus initiative Promoting Transparency of TBT WTO Notifications:Improving Completeness and Clearness of Information”(2020/CTI2/IS06),which can be found in Appendix 1.This self-funded study aims to evaluate the completeness and clearne

62、ss of the information provided by APEC Members,in accordance with the WTO TBT Guidelines on Transparency.It seeks to raise awareness and increase understanding of:-Members compliance with TBT notification in accordance with the Coherent Use of Notifications Formats(G/TBT/1/Rev.14).-Key items from TB

63、T notifications that should be clearly written to improve completeness and clearness of the provided information.-Private sector perceptions of TBT notifications and main challenges related to completeness and clearness of the information.-Best practices and capacity building opportunities to assist

64、 APEC Members in improving the completeness and clearness of TBT notifications in alignment with the current TBT Agreement.15 2.4.SCOPE OF THE STUDY The study considered regular TBT notifications,including urgent notifications,and their respective addenda and corrigenda,if any,furnished by APEC econ

65、omies between 2015 and 2019.All notifications used in the sample have been published in the WTO TBT Information Management System.3.RESULTS OF NOTIFICATIONS ANALYSIS 3.1.TBT NOTIFICATIONS The analysis of the results is based on the TBT Committee decisions and recommendations on the Coherent Use of N

66、otification Formats(G/TBT/1/Rev.14)and WTO TBT Enquiry Point Guide(2018).3.1.1.ITEM 1:NOTIFYING MEMBER For this item,the WTO TBT notification format identifies the following parties as Members to which notification obligations are applicable:“Government,including the competent authorities of the Eur

67、opean Union,which has acceded to the Agreement and which is making the notification;if applicable,name of local government involved Articles 3.2 and 7.2).”From this statement,the TBT Agreement and its notifying obligations are applicable to all APEC economies,which have one National Notification Aut

68、hority.Additionally,Members are also required to notify about technical regulations or conformity assessment procedures of local governments on the level directly below that of the central government.If applicable,the TBT notification format provides a category(box 1)for Members to indicate the name

69、 of local government involved.As Figure 4 shows,only 18.06%of the sample notifications involved a local government.Figure 4.Involvement of Local Government in Sampled APEC TBT Notifications 16 3.1.2.ITEM 2:AGENCY RESPONSIBLE For this item,the WTO TBT notification format requests the notifying Member

70、 to identify the:“Body elaborating a proposal for or promulgating a technical regulation or procedures for assessment of conformity.The authority or agency designated to handle comments regarding the specific notification shall be indicated if different from above.”About 95%of the sample notificatio

71、ns comply with the request to indicate the responsible body of their TBT notifications.However,in some cases,the notifying Member has not identified the specific agency responsible for elaborating the notification.In addition,Members provided information on contact points in varying degrees of speci

72、ficity:22.74%of the sample notifications include an e-mail for handling comments,17.08%indicate the Department,Directorate or Office of the responsible agency,and 16.68%of the notifications indicate the corresponding Ministry or Government Body.Figure 5 provides further granularity on the informatio

73、n Members provided on contact points from the sample TBT notifications.Figure 5.Contact Point Information in Sampled APEC TBT Notifications 81.94%18.06%NoYes17 3.1.3.ITEM 3:NOTIFIED UNDER The WTO notification format recommends that Members notify any technical measure according to the following rele

74、vant provisions of the TBT Agreement:“Article 2.9.2:proposed technical regulation by central government body;Article 2.10.1:technical regulation adopted for urgent problems by central government body;Article 3.2:proposed technical regulation or technical regulation adopted for urgent problems by loc

75、al government(on the level directly below that of the central government);Article 5.6.2:proposed procedures for assessment of conformity by central government body;Article 5.7.1:conformity assessment procedure adopted for urgent problems by central government body;Article 7.2:proposed procedure for

76、assessment of conformity or conformity assessment procedure adopted for urgent problems by local government(on the level directly below that of the central government)”.An assessment of the total sample notifications shows that the members mostly notify their measures under Article 2.9.2(67.06%)and

77、5.6.2(20.53%)of the TBT Agreement(See Figure 6).In other words,most of the sample notifications are related to technical regulations and conformity assessment procedures established by central government bodies.Figure 6.Relevant TBT Agreement Provision Cited in Sampled APEC TBT Notifications 3.57%7.

78、55%7.75%9.63%15.00%16.68%17.08%22.74%0%5%10%15%20%25%Name and surname of an officerWebsiteNonePO AddressPhoneMinistry/Government BodyDepartment/Directorate/OfficeE-mail18 3.1.4.ITEM 4:PRODUCTS COVERED The WTO notification format recommends that Members include the following information concerning th

79、e products covered in the notification:“HS or CCCN(chapter or heading and number)where applicable.National tariff heading if different from HS or CCCN.ICS numbers may be provided in addition,where applicable.A clear description is important for an understanding of the notification by delegations and

80、 translators.Abbreviations should be avoided”.In this study,around 30.83%of APEC members regular notifications show the affected tariff item number(also called tariff line or HS),and 51.11%APEC members provide the International Classification of Standards(ICS)number(see Figure 7).These results demon

81、strate that APEC members are in alignment with the more general practice across WTO membership:in the WTO TBT Enquiry Point Guide:Making Transparency Work(2018),the WTO states that members normally either use Harmonized System(HS)codes,International Classification for Standards(ICS)codes or free tex

82、t.Figure 7.Comparative between the inclusion of HS and ICS in Sampled APEC TBT Notifications.0.72%1.43%3.10%7.16%20.53%67.06%0%10%20%30%40%50%60%70%80%Article 7.2Article 3.2Article 5.7.1Article 2.10.1Article 5.6.2Article 2.9.219 Of the total TBT notifications analyzed in this study,63.33%include a d

83、escription of the products covered by the notified measure(see Figure 8).Most of those descriptions(76.75%)have been determined as“clear”since they do not contain abbreviations and follow the recommendations made by the WTO TBT Committee(see Figure 9).Figure 8.Inclusion of a description of the produ

84、cts covered in Sampled APEC TBT Notifications Figure 9.Clearness of Provided Product Descriptions in Sampled APEC TBT Notifications 69.17%48.89%30.83%51.11%0%10%20%30%40%50%60%70%80%90%100%HSICSNoYes36.67%63.33%NoYes20 In summary,the analyzed sample of TBT notifications shows that APEC economies ten

85、d to be aligned with WTO TBT Committee recommendations regarding the clearness of the description of products.Nevertheless,there is still room for improvement.Table 2.Evaluation of item 4 of Sampled APEC TBT notifications Elements required within the item Level of accomplishment Average weight Total

86、 Tariff item number(s)(HS)mentioned 30.83%33.33%10.28%Description of the products 63.33%33.33%21.11%Clearness of description 77.00%33.34%25.67%Evaluation of item 4 57.06%3.1.5.ITEM 5:TITLE,TRANSLATIONS The WTO notification format requires that Members specify the following information:“Title of the

87、proposed or adopted technical regulation or procedure for the assessment of conformity that is notified.Number of pages in the notified document.The language(s)in which notified documents are available.If a translation of the document is planned,this should be indicated.If a translated summary is av

88、ailable,this too should be indicated.”In this study,94.71%of analyzed notifications include the title of the notified measure,as well as the number of pages of the notified document.Additionally,all analyzed notifications have been submitted in one of the three official WTO languages:English,Spanish

89、 and French.However,the actual text of the notified measure itself may be drafted in a different language(see Figure10).In this study,42.26%of measures described in the TBT notifications are in English,followed by Chinese(16.46%)and Spanish(13.51%).As the TBT Agreement does not require it,most of th

90、e 23.25%76.75%NoYes21 notifications(92.50%)do not indicate whether translations of the notified documents are available.Figure 10.Language of the Sampled APEC Notified Technical Measures In conclusion,Members can improve upon their completion of item 5 when submitting a WTO TBT notification.If the l

91、anguage of the technical measure is not in one of the three official WTO languages(English,Spanish,French),APEC economies have the opportunity to include a link for translation to provide a better understanding of their regulations.Table 3.Evaluation of item 5 of TBT notifications Elements required

92、within the item Level of accomplishment Average weight Total Title 94.44%25.00%23.61%Number of pages 96.11%25.00%24.03%Language 100.00%25.00%25.00%Inclusion of a link for translation 7.50%25.00%1.88%Evaluation of item 5 72.64%3.1.6.ITEM 6:DESCRIPTION OF CONTENT The WTO requires that Members include

93、the following when notifying technical measures:“An abstract of the proposed or adopted technical regulation or procedures for assessment of conformity clearly indicating its content.A clear comprehensible description stating the main features of the proposed or adopted technical regulation or proce

94、dures for assessment of conformity is important for an 0.49%0.74%0.98%1.23%2.21%2.46%6.39%13.27%13.51%16.46%42.26%0%5%10%15%20%25%30%35%40%45%OtherMalayRussianIndonesianVietnameseThaiFrenchKoreanSpanishChineseEnglish22 understanding of the notification by delegations and translators.Abbreviations sh

95、ould be avoided.”This section contains critical information for Members in completing their WTO notifications,since it directs Members to describe the objective of the measure to be notified,its probable effects on trade,and its specific features.With insufficient or very general information,stakeho

96、lders encounter difficulties in understanding the scope of the notified measure.The description of the content is another of the items for which APEC economies have the opportunity to improve substantially.The results of the study show that 98.89%of the sample notifications contain a description or

97、abstract of the proposed regulations(see Figure 11).In addition,the study finds that 93.33%of notifications with descriptions can be considered clear(see Figure 12).62.22%of those notification do not contain abbreviations(see Figure 13).Figure 11.Inclusion of any description or abstract of Sampled A

98、PEC TBT Notifications Figure 12.Clearness of Provided Description in Sampled APEC TBT Notification 1.11%98.89%NoYes23 Figure 13.Sampled APEC TBT Notifications with Descriptions Including Abbreviations Considering these results,this study recommends that improvement to APEC notifications can be made

99、by inclusion of more detailed and explicit descriptions of the possible trade effects of the notified measures.Also,APEC economies should avoid the use of abbreviations in this item in accordance with the WTO TBT Enquiry Point Guide(2018).Table 4.Evaluation of Item 6 in TBT Notification Format Eleme

100、nts required within the item Level of accomplishment Average weight Total Description 98.89%33.33%32.96%6.39%93.33%NoYes62.22%37.50%NoYes24 Clearness of description 93.33%33.33%31.11%Avoid abbreviations 62.22%33.34%20.74%Evaluation of item 6 84.81%3.1.7.ITEM 7:OBJECTIVE AND RATIONALE The WTO recomme

101、nds that Members fill this section with the following information:“For instance:Prevention of deceptive practices and consumer protection,Protection of human health or safety,Protection of human health or safety,Quality requirements,Protection of the environment,Consumer information,labelling,Reduci

102、ng trade barriers and facilitating trade,Harmonization,Protection of animal or plant life or health,Cost saving and productivity enhancement,National security requirements and Other”As the WTO states,it is important that Members clearly explain the objective and rationale of the notified measure to

103、ensure understanding by other Members.Under TBT Article 2.5,Members may also request that the notifying Member provide the justification underlying the notified measure.Many notified technical regulations and conformity assessment procedures have more than one legitimate objective;in this case,Membe

104、rs should indicate all relevant legitimate objectives upon notification.This study finds that APEC economies fulfill the requirements of this section in their TBT notifications.From the study sample,the most cited objectives are protection of human health or safety(38.46%),protection of the environm

105、ent(15.79%)and prevention of deceptive practices and consumer protection(14.17%)(see Figure 14).Figure 14.Most legitimate objectives indicated in Sampled APEC TBT Notifications In addition,the study has identified that 84.72%of the notified measures from APEC economies include legitimate objectives

106、with descriptions facilitating the understanding of the proposed regulation(see Figure 15).1.01%1.01%1.21%1.42%2.43%2.63%2.83%9.51%9.51%14.17%15.79%38.46%0%5%10%15%20%25%30%35%40%45%OtherNational security requirementsProtection of the networkCost saving and productivity enhancementReducing trade bar

107、riers and facilitating tradeHarmonizationProtection of animal or plant life or healthQuality requirementsConsumer information,labellingPrevention of deceptive practices and consumerProtection of the environmentProtection of human health or safety25 Figure 15.The description facilitates the understan

108、ding of the proposed regulation in Sampled APEC TBT Notifications 3.1.8.ITEM 8:RELEVANT DOCUMENTS The WTO recommends that Members include the following in their TBT notifications:“(1)Publication where notice appears,including date and reference number;(2)Proposal and basic document(with specific ref

109、erence number or other identification)to which proposal refers;(3)Publication in which proposal will appear when adopted;(4)Whenever practicable,give reference to relevant international standard.If it is necessary to charge for documents supplied,this fact should be indicated.”This study identified

110、that 55.00%of the notifications contain information about the publication where the notified measure appears(see Figure 16).However,from total of the sampled notifications,it has been identified that do not include a specified date(59.72%)or a reference number(51.67%)(see Figure 17 and 18).In additi

111、on,49.72%of total sampled notifications contain information about the proposal and basic document(with specific reference number or other identification)to which the proposal refers(see Figure 19).Also,31.67%of total sampled notifications contain information about the publication where the proposal

112、will appear once adopted(see Figure 20).Figure 16.Inclusion of information about the publication where notice appears in Sampled APEC TBT Notifications 15.28%84.72%NoYes26 Figure 17.Inclusion of the date in Sampled APEC TBT Notifications Figure 18.Inclusion of the reference number in Sampled APEC TB

113、T Notifications 45.00%55.00%NoYes59.72%40.28%NoYes27 Figure 19.Inclusion of information about the proposal and basic document to which the proposal refers in Sampled APEC TBT Notifications Figure 20.Inclusion of information about the publication where the proposal will appear once adopted in Sampled

114、 APEC TBT Notifications 51.67%48.33%NoYes50.28%49.72%NoYes28 The TBT Committees recommendations,as stated in WTO TBT Enquiry Point Guide:Making Transparency Work(2018),go further regarding international standards.When notifying technical measures,Members are encouraged,whenever possible and on a vol

115、untary basis,to indicate whether a relevant international standard for the technical regulation or conformity assessment procedures notified exists,and,if appropriate,to provide information about deviations.In this study,results show that 84.17%of sampled notifications do not contain a reference to

116、relevant international standards(see Figure 21).Also,90.56%of the sampled TBT notifications do not identify whether the notified regulation conforms to the relevant international standard(see Figure 22).Members generally did not provide additional information regarding how and why the notified regul

117、ation deviates from the international standard(98.47%)(see Figure 23);however,60.00%of the notifications included clear information about deviations from international standards(see Figure 24).Figure 21.Inclusion of a reference to relevant international standards in Sampled APEC TBT Notifications 68

118、.33%31.67%NoYes84.17%15.83%NoYes29 Figure 22.The proposed regulation conforms to the relevant international standard in Sampled APEC TBT Notifications Figure 23.Additional information regarding how and why the proposed regulation deviates from the international standard in Sampled APEC TBT Notificat

119、ions Figure 24.Clearness to understand the deviation from international standards in Sampled APEC TBT Notifications 90.56%9.44%NoYes98.47%1.53%NoYes30 Moreover,in WTO TBT Enquiry Point Guide:Making Transparency Work(2018),the TBT Committee encourages Members to provide access,on a voluntary basis an

120、d depending on their individual situations,to assessments such as Regulatory Impact Assessments(RIA),to increase transparency of regulatory processes.This type of assessment can provide information on the potential costs and benefits of the notified measure,including impact on consumers,industry,and

121、 trading partners.Also,this assessment promotes transparency as it includes a process of public consultation with stakeholders.Despite the WTO recommendation,96.11%of sampled TBT notifications do not provide access to assessments such as RIA(see Figure 25).Figure 25.Access to assessment such as regu

122、latory impact assessment(RIA)in Sampled APEC TBT Notifications In summary,Members can improve upon the information provided in Item 8 of the WTO TBT notifications by including appropriate reference of the international standard;40.00%60.00%NoYes96.11%3.89%NoYes31 clarifying whether the proposed regu

123、lation is in accordance with the identified international standard;and providing access to impact-driven assessments for interested Members.Table 5.Evaluation of item 8 of TBT notifications.Elements required within the item Level of accomplishment Average weight Total Publication where notice appear

124、s 55.00%20.00%11.00%Proposal and basic document to which the proposal refers 49.72%20.00%9.94%Publication in which the proposal will appear when adopted 31.67%20.00%6.33%Appropriate reference of the international standard 15.83%20.00%3.17%Conformance with international standard 9.44%20.00%1.89%Evalu

125、ation of item 8 32.33%3.1.9.ITEM 9:PROPOSED DATES OF ADOPTION AND ENTRY INTO FORCE According to WTO TBT Committee,Members should include the following information in item 9 of their TBT notifications:“The date when the technical regulation or procedures for assessment of conformity is expected to be

126、 adopted,and the date from which the requirements in the technical regulation or procedures for assessment of conformity are proposed or decided to enter into force,taking into consideration the provisions of Article 2.12.”Regarding proposed date of entry into force,33.61%of the sampled TBT notifica

127、tions do not include any answer,28.06%indicate an inaccurate date,and 13.61%indicate a date that is fewer than six months from date of publication.According to the Decisions and Recommendations adopted by the WTO TBT Committee,the phrase reasonable interval in Article 2.12 shall be understood as a p

128、eriod of not less than six months,except when this would be ineffective in fulfilling the legitimate objectives pursued.This study shows that APEC economies are not always aligned with the WTO recommendations regarding the timeframe for the entry into force of the measure.On the other hand,the study

129、 found that,8.89%of the sampled TBT notifications have a proposed date of entry into force within six months from the of publication,8.06%were notified while already being in force,and only 7.78%of the notifications enter into force more than six months from the date of publication(see Figure 26).In

130、 addition,51.38%of the sampled notifications do not specify the exact date,while 48.62%do show this information(see Figure 27).32 Figure 26.Inclusion of the proposed date of entry into force in Sampled APEC TBT Notifications Figure 27.Inclusion of the date in Sampled APEC TBT Notifications These res

131、ults demonstrate that APEC economies do not mostly specify,or inaccurately do,the expected dates to adopt a regulation and to publish it.The lack of information regarding timelines for adoption can generate uncertainty for exporters of the affected economies,who cannot adequately adapt their product

132、s to the notified TBT measures.Table 6.Evaluation of item 9 of TBT notifications Elements required within the item Level of accomplishment Average weight Total 7.78%8.06%8.89%13.61%28.06%33.61%0%5%10%15%20%25%30%35%40%More than six months from date of publicationAlready in forceSix months from date

133、of publicationLess than six months from date of publicationInaccurate dateNo answer51.38%48.62%NoYes33 Date when the technical regulation or conformity assessment procedure is expected to be adopted 20.83%50.00%10.42%Date from which it is proposed that the requirements will enter into force 66.39%50

134、.00%33.20%Evaluation of item 9 43.61%3.1.10.ITEM 10:FINAL DATE FOR COMMENTS For final date for comments,WTO TBT Committee recommends that Members should give at least a period of 60 days from notification according to the following:“The date by which Members may submit comments in accordance with Ar

135、ticles 2.9.4,2.10.3,3.1(in relation to 2.9.4 and 2.10.3),5.6.4,5.7.3 and 7.1(in relation to 5.6.4 and 5.7.3)of the Agreement.A specific date should be indicated.The Committee has recommended a normal time limit for comments on notifications of 60 days.Any Member which is able to provide a time limit

136、 beyond 60 days is encouraged to do so.Members are encouraged to advise of any extension to the final date for comments.”Results from this study show that 7.50%of the sampled notifications do not provide any information related to the final date for comments and 4.72%show an inaccurate date.However,

137、54.44%of the sampled notifications refers to 60 days from the date of circulation of the notification and 24.72%less than sixty days from the date of circulation of the notification(see Figure 28).Nevertheless,60.13%of the sampled notifications that provide any information related to the final date

138、for comments do not specify the date(see Figure 29).Figure 28.Inclusion of final date for comments in Sampled APEC TBT Notifications 4.72%7.50%8.61%24.72%54.44%0%10%20%30%40%50%60%Inaccurate dateNo answerMore than sixty days from the date of circulation ofthe notificationLess than sixty days from th

139、e date of circulation ofthe notificationSixty days from the date of circulation of thenotification34 Figure 29.Specification of the date in Sampled APEC TBT Notifications These results demonstrate that APEC economies do not mostly specify,or inaccurately do,the expected date for comments which might

140、 affect all the main stakeholders.3.1.11.ITEM 11:TEXTS AVAILABLE FROM THE NATIONAL ENQUIRY POINT The WTO recommends that Members adhere to the following instructions when notifying a technical measure:“If available from national enquiry point,put a cross in the box provided.If available from another

141、 body,give its address,e-mail,telex and telefax number.If available in a web-site,provide the web-site address.Such indications should not in any way discharge the relevant enquiry point of its responsibilities under the provisions of Article 10 of the Agreement.”It should be noted that 93.89%of the

142、 sampled notifications present information in the section“text available from”(see Figure 30).In addition,regarding to the items that are included in box 11,26.70%of sampled notifications include specific information such as contact person,e-mail,telephone,postal address and website address in accor

143、dance with the WTO TBT Enquiry Point Guide(2018).Also,60.06%of sample notifications include the national enquiry point with specific information,and 11.24%include only information on the national enquiry point(see Figure 31).Figure 30.Presentation of the information in the section“text available fro

144、m”in Sampled APEC TBT Notifications 60.13%39.87%NoYes35 Figure 31.Inclusion of items in Box 11 in Sampled APEC TBT Notifications Finally,almost 97.67%of the sampled notifications include a web link that in most of the cases(81.95%)is not a copy from another section(see Figure 32 and 33).Figure 32.In

145、clusion of a web link in Sampled APEC TBT Notifications 6.11%93.89%NoYes11.24%60.06%28.70%0%10%20%30%40%50%60%70%National enquiry pointNational enquiry point with specific informationSpecific information36 Figure 33.Copied information from another section of the notification in Sampled APEC TBT Noti

146、fications The results show that APEC economies mostly comply with the information that should be provided in item 11 of notification form.Table 7.Evaluation of item 11 of TBT notifications Elements required within the item Level of accomplishment Average weight Total Text available form 93.89%50.00%

147、46.95%Web link 97.67%50.00%48.84%2.33%97.67%NoYes81.95%18.05%NoYes37 Evaluation of item 11 95.78%3.2.ADDENDA The WTO TBT Committee makes the following recommendation to enhance the coherent use of the addendum notification format:“Members should use an addendum to notify additional information relat

148、ed to a notification of the text of a notified measure,including if:-The comment period has been changed(e.g.extended or re-opened);-The notified measure is adopted,published,or enters into force,especially in cases where relevant dates have not been provided in the original notification or have bee

149、n changed.Members are encouraged to indicate how the final text of the measure can be obtained,including website address;-The notified measure is withdrawn or revoked.If replaced with a new measure,where possible,the symbol of the corresponding new notification should be indicated;-The content or sc

150、ope of a notified measure is partially changed or amended.-In this case,Members should consider opening a new comment period;-Interpretive guidance is issued;and-Any other useful and relevant additional information directly related to a notification or notified measure has been made available that d

151、oes not qualify as a corrigenda,revision or supplement.”Within the sample of the 355 notifications sampled in the study,121 contained notifications on addenda which were analyzed.In this context,34.08%of the total of regular notifications had at least one addendum.Most of the addenda(84.30%)include

152、a title outlining the TBT measure or referred product.However,38.84%of addenda do not summarize information related to the initial notification,including the date and objective(see Figure 34).Figure 34.Recap of was notified,when and what it was about in the in Sampled APEC TBT Addendum 38 In this st

153、udy,39.37%of the analyzed addenda included as their main objective“notify the adoption,publication,or entry into force of a regulation”(see Figure 35).This indicator suggests a slight improvement to the lack of certainty of item 09(Proposed date of adoption and of publication,43.61%)and a reinforcem

154、ent of the compliance with item 10(Proposed date of entry into force,92.50%).Figure 35.Circumstances under the Sampled APEC TBT Addendum is notified Finally,22.46%of the analyzed addenda did not contain detailed information on a contact point for the authority designated to handle comments(see Figur

155、e 36).However,this information is available in the WTOs TBT Information Management System(TBT IMS).Figure 36.Specific information of contact point in in Sampled APEC TBT Addendum 38.84%61.16%NoYes39.37%21.26%11.81%6.30%6.30%4.72%2.36%1.57%5.51%0%5%10%15%20%25%30%35%40%45%Notification of adoption,pub

156、lication,or entry into forceof regulationModification of content and/or scope of previouslynotified draft regulationModification of final date for commentsPublic consultationWithdrawal of proposed regulationModification of the link where text of final measure isavailableInterpretive guidance issuedA

157、nswers for coments receivedOthers39 3.3.CORRIGENDA According to WTO TBT Committee,Members should use a corrigendum to correct minor administrative or clerical errors that do not affect the meaning of the content in:-“a notification or subsequent related addendum or revision;and-the text of the notif

158、ied measure.”Within the sample of 355 notifications of this study,all 17 corrigenda were analyzed.Nearly 52.94%of the corrigenda include a title outlining the TBT measure or product to it refers,and 82.35%of the corrigenda include information related to the rectification of errors from the original

159、notification and most of the times(76.47%).It is important to highlight that,of the sampled notifications,the most amended items in TBT notifications were“Relevant documents”(29.41%)and“Texts available from the national enquiry point”(23.53%)(see Figure 37).Figure 37.Items corrected in Sampled APEC

160、TBT notifications 22.46%15.58%15.22%12.68%12.68%11.59%6.88%2.90%0%5%10%15%20%25%NoneDepartment/Directorate/OfficeMinistry/Government BodyPhoneE-mailWebsitePO AddressName and surname of an officer40 Finally,58.82%of the corrigenda do not specify the agency or authority where Members can access the te

161、xt or connect with a contact point.3.4.GENERAL EVALUATION OF TBT NOTIFICATIONS The overall evaluation of the notifications shows that 79.88%of sampled notifications provide an acceptable level of compatibility with WTO recommendations.However,analysis of key items necessary to understand the notifie

162、d measures present less positive results.Filtering out items 1,2,3 and 7(which are always notified),the average level of compatibility decreases to 68.39%.This average percentage gives a general picture of the level of transparency of sampled APEC notifications.For a deeper understanding,it is impor

163、tant to compare each item to identify which areas can improve upon the provided quality of information.Table 8.General evaluation of WTO recommendations in TBT notifications from APEC economies ITEM DESCRIPTION COMPATIBILITY 1 Notifying member 100.00%2 Agency responsible 100.00%3 Notified under 100.

164、00%4 Products covered 57.06%5 Title and translations 72.64%6 Description of content 84.81%7 Objective and rationale 100.00%8 Relevant documents 32.33%9 Proposed dates of adoption and entry into force 43.61%10 Final date for comments 92.50%11 Text available from the national enquiry point 95.78%11.76

165、%5.88%11.76%11.76%11.76%5.88%5.88%29.41%23.53%0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%Agency responsibleFinal date for commentsDescription of contentNotified underObjective and rationaleProducts coveredProposed dates of adoption and entry into forceRelevant documentsTexts available from the na

166、tional enquiry pointWhich item(s)is(are)corrected?41 Based on this study,Table 8 features the main items which APEC economies need to improve upon:products covered,relevant documents and proposed dates of adoption and entry into force.These results are consistent with the proposals and concerns expr

167、essed by the WTO TBT Committee.Given these results,APEC economies should focus on improving the quality of information presented in items 4(products covered),8(relevant documents)and 9(proposed dates of adoption and entry into force).These items include vital information necessary for stakeholders t

168、o obtain a better understanding of notified regulations and their applicability to exporters.4.PRIVATE SECTOR EXPERIENCES In this study,74 enterprises from 12 economies answered the private sector questionnaire.Of these enterprises,56(75.68%)are importers and exporters,while 12(16.22%)are solely exp

169、orters,and 6(08.11%)are solely importers(see Figure 38).Figure 38.Enterprises that answered the questionnaire 4.1.KNOWLEDGE AND USE OF WTO TBT NOTIFICATION SYSTEM The majority of private sector respondents(54.05%)confirm that they are unaware of the WTO TBT notification system(see Figure 39).Figure

170、39.Percentage of Private Sector Respondents Aware of WTO TBT Notification System 56 importers/exporters 12 exporters 06 importers 42 Of the enterprises familiar with the WTO TBT notification system,about 44%utilize and consult the WTO TBT notifications on a monthly basis.In 32.35%of the cases analyz

171、ed,respondents indicated that the consultations of TBT notifications in sources provided by WTO is checked“weekly”.Finally,only 11%of enterprises check TBT notifications on a“daily”basis(see Figure 40).Figure 40.Frequency of Consultation of the TBT Notifications from Sources Provided by WTO 4.2.SOUR

172、CE OF INFORMATION TO OBTAIN WTO TBT NOTIFICATIONS Governments play a key role in disseminating WTO TBT notifications.Of the surveyed APEC private sector respondents,32.73%receive TBT notifications from their governmental authorities,as shown in Figure 41.54.05%45.95%NoYes44.12%32.35%11.76%11.76%Mont

173、hlyWeeklyDailyOther43 Also,it is important to mention that about 25.75%of APEC private sector respondents still prefer to search for notifications on the WTO website rather than using the ePing system;only 16.36%of the surveyed respondents check the ePing system(see Figure 41).Figure 41.APEC Private

174、 sector sources of information to obtain WTO TBT notifications 4.3.PERCEPTION OF IMPORTANCE OF ITEMS IN WTO TBT NOTIFICATIONS All 11 items of a WTO TBT notification are important to understand the measure which the notifying WTO Member plans to adopt.From a private sector perspective,at least four i

175、tems are most crucial in a notification.These items are shown in Figure 42.The most important items are:Item 7 Objective and rationale,Item 9 Proposed dates of adoption and entry into force,Item 6 Description of content and Item 4 Products covered.Figure 42.APEC Private sector perception of most imp

176、ortant WTO TBT notifications items 25.45%10.91%16.36%32.73%12.73%1.82%Check by myself in the WTO websiteE-mail notificationsePing notification alert systemGovernment sends the informationThe information is provided by chambers ofcommerce/exporters associations/othersimilar organizationsOther44 4.4.P

177、ERCEPTION OF MAJOR CHALLENGES AND TRANSPARENCY The studys APEC private sector respondents have identified three major challenges regarding the information provided in WTO TBT notifications:1.TBT notifications sometimes omit detailed information about the measure,such as product description,relevant

178、documents,translations,among others.2.Under the TBT Agreement,WTO Members are not obligated to provide translations of the text of the notified measures,but it is recommended by the WTO TBT Committee to do so.In that sense,the variety of languages used in the linked documents pose challenges when ec

179、onomies do not translate their regulation.3.For the private sector it is difficult to clearly identify the international standards involved in a TBT notification;in some cases,this information is neither provided nor mentioned in Members notifications.Figure 43.Major challenges concerning WTO TBT no

180、tifications,as identified by APEC private sector respondents 20.55%19.18%15.07%9.59%8.22%8.22%6.85%5.48%4.11%2.74%0%5%10%15%20%25%Objective and rationaleProposed dates of adoption and entry into forceDescription of contentProducts coveredTexts available from the national enquiry pointFinal date for

181、commentsTranslationsRelevant documentsTitleAgency responsible45 It is important to note that the surveyed APEC private sector respondents identified challenges with commenting on notifications due to(1)the insufficient comment periods provided and(2)difficulty in clearly identifying which products a

182、re involved in a TBT notification.These challenges echo those mentioned by government officials in the above section 3.1.6.Item 6:Description of Content.4.5.ALTERNATIVE CHANNELS OF INFORMATION FOR TBT MEASURES In this study,54.05%of APEC private sector respondents indicated that they were not aware

183、of the WTOs TBT notification system(see 5.1.Knowledge and Use of WTO TBT Notification System).This study has also found that,in some cases,economies do not necessarily notify all new TBT measures to the WTO,and that enterprises tend to use other channels of information.Also,the surveyed respondents

184、considered the chambers of commerce or similar organizations as the second main source of TBT information.Given these observations,government agencies should continue to serve as key players in providing enterprises with updates and notifications made by other Members.Figure 44.APEC Private sector s

185、ources of information on TBT measures 29.63%23.46%20.99%12.35%12.35%1.23%0%5%10%15%20%25%30%35%Lack of information of the draft measureDifferent languages used in the linked documentsInternational standard is not providedThere is not enough time to commentIt is difficult to determine which products

186、areinvolvedOther46 4.6.ALIGNMENT BETWEEN WTO TBT NOTIFICATIONS EVALUATION AND PRIVATE SECTOR PERCEPTION Regarding the evaluation of TBT notifications,this studys results demonstrate that,in general,there is an acceptable level of compatibility with WTO recommendations by APEC economies.However,as th

187、e experiences from private sector show,there is still room for improvement.According to the studys private sector respondents,item 4“Products Covered”is one of the most important sections in notification formats.Given that there is a compatibility of 57.06%among APEC economies,this study has identif

188、ied a need for providing clearer information.Providing clear and detailed information in item 4 is thus vital towards ensuring that interested Members can fully understand the scope of the notified measure.Consistent with WTO recommendations,Members are encouraged to specify the HS codes and,where a

189、pplicable,ICS codes in addition to HS codes.In the framework of WTO TBT Committee,Members have presented proposals on a standardized use of this item to ensure clearer descriptions of product coverage of TBT measures.In addition,the private sector respondents indicated that they consider item 9“prop

190、osed dates of adoption and entry into force”as very relevant.This information allows stakeholders to know when the proposed regulation is going to be applicable and to adapt their products to the new requirements.However,the evaluation of sampled TBT notifications shows a low level of compatibility

191、with this item.This data points to a potential concern:the current information provided on dates of adoption/entry into force may lack the specificity necessary to avoid uncertainty for producers and exporters,who need timelines to adapt their products to the notified technical measures.Furthermore,

192、private sector respondents expressed concern regarding item 5“Title and translations.”Since the TBT Agreement does not include a specific obligation to translate the proposed TBT measure,economies do not tend to translate the text of the notified regulations.The need for accessible translations of n

193、otified measures is consistent with initiatives presented in the WTO Committee which have encouraged Members to provide translations in one of the three WTO official languages(English,French,Spanish).34.78%26.09%21.74%13.04%2.17%2.17%0%5%10%15%20%25%30%35%40%Government sends the informationThe infor

194、mation is provided by chambers ofcommerce/exporters associations/other similarCommercial partnersSpecialized websitesSpecialized enterprisesOther47 Finally,APEC private sector respondents identified a specific concern regarding item 8“Relevant documents.”They highlighted difficulty with identifying

195、the international standards related to the TBT notification.In some cases,Members have not provided this information.Despite the TBT Committees encouragement to do so,no obligation exists within the TBT Agreement requiring that Members identify relevant international standards in the notification.Ha

196、ving this information in TBT notifications could help stakeholders to have a better understanding of the new requirements and if the measure is aligned or not with international standards.The studys evaluation of TBT notifications thus aligns with the challenges described by the sampled APECs privat

197、e sector respondents.The study recommends that APEC economies focus on improving the quality of information on items 4,5,8 and 9 of TBT notifications formats and follow TBT Committee recommendations on those sections.5.CONCLUSIONS The first objective of this study is to raise awareness and increase

198、understanding of Members compliance with the TBT notification process in accordance with the Coherent Use of Notifications Formats(G/TBT/1/Rev.14).The global result of regular notifications seems to be an acceptable level of compatibility by APEC Economies with WTO recommendations.This study shows t

199、hat APEC economies can improve upon their responses to specific items when completing their TBT notifications,in accordance with WTOs TBT Guidelines on Transparency.The items to be improved in the TBT notifications are the following:-products covered,-translations,-international standards and -propo

200、sed dates of adoption.Furthermore,private sector experiences support this finding.Additionally,this study has identified that APEC economies do not tend to use the tariff item numbers properly.The description of the products affected by the proposed TBT measure need to be more detailed.Regarding tra

201、nslations,private sector respondents expressed their concern about how APEC economies do not usually translate their TBT measures,preventing deeper engagement from interested stakeholders.In addition,respondents noted difficulty in identifying the relevant international standard related to the measu

202、re described in TBT notifications,as well as the existence of any alignment with international standards.Finally,there is a need for notifying Members to provide specific proposed dates of adoption when making TBT notifications.Doing so will assist exporters in adapting their products to new require

203、ments in a timely manner.In closing,this study recommends that APEC economies work on fully implementing WTO TBT guidelines on transparency to improve the quality of information submitted in TBT notifications.It is important that APEC economies support initiatives and proposals in the WTO TBT Commit

204、tee regarding the improvement and standardization of information in TBT notifications.48 6.APPENDIX 1:PERUS PROPOSAL ON PROMOTING TRANSPARENCY OF TBT WTO NOTIFICATIONS:IMPROVING COMPLETENESS AND CLEARNESS OF INFORMATION(2020/CTI2/IS06)Self-funded Initiative on Promoting Transparency of TBT WTO Notif

205、ications:Improving Completeness and Clearness of Information Proposed by Peru Co-sponsors:Australia,Philippines,and United States I.Background There is a proliferation of Non-Tariff Measures(NTMs)in the Asia-Pacific region.They are increasingly used both in quantity,and complexity.In APEC,Sanitary a

206、nd Phytosanitary Measures(SPS),and Technical Barriers to Trade(TBT)are by far the most employed NTMs,according to the World Trade Organization Integrated Trade Intelligence Portal(I-TIP)1.A range of these are legitimate under the terms of the TBT Agreement,but many are not properly notified.This lac

207、k of information and transparency is a disadvantage to businesses across the APEC region,especially to micro,small,and medium enterprises(MSMEs),that perceive NTMs as a source of increasing concern as some of these measures can easily turn into non-tariff barriers(NTBs).In fact,in the APEC study Non

208、-Tariff Measures Affecting Small and Medium Enterprises in the Asia-Pacific Region2(2016),it is stated that,from the business perspective,SPS and TBT impose overly strict and complicated requirements,and several procedural obstacles.In addition,MSMEs find a lack of transparency and poor disseminatio

209、n of information about the requirements and how to comply with these.Moreover,according to the APEC Business Advisory Councils(ABAC)study,Non-Tariff Barriers in Agriculture and Food Trade in APEC:Business Perspectives on Impacts and Solutions3(2016),TBT measures are the most burdensome in comparison

210、 with other NTMs since they have the greatest negative impact in terms of time and cost.Inconsistency,lack of transparency,and sudden changes were the biggest problems highlighted by businesses,mostly regarding labelling,testing protocols and product classification.Since information on regulations a

211、ffecting trade should be accessible to 1 World Trade Organization Integrated Trade Intelligence Portal(I-TIP).(2020).Retrieved from http:/i-tip.wto.org/goods/Default.aspx 2 Asia Pacific Economic Cooperation(APEC).(2016).Non-Tariff Measures Affecting Small and Medium Enterprises in the Asia-Pacific R

212、egion.Retrieved from https:/apec.org/Publications/2016/06/Non-Tariff-Measures-Affecting-Small-and-Medium-Enterprises-in-the-Asia-Pacific-Region 3APEC Business Advisory Council(ABAC).(2016).Non-tariff Barriers in Agriculture and Food Trade in APEC.California:Marshall School of Business.Retrieved from

213、 http:/info.marshall.usc.edu/academic/gpp/abac/Documents/Full%20Report%20-%20ABAC%20USC%20Marshall%20-%20Non-Tariff%20Barriers%20in%20Agriculture%20and%20Food%20Trade.pdf 49 facilitate trade,those factors not only increase transaction costs,but also make it difficult for MSMEs to make efficient busi

214、ness decisions in order to export their products.WTO Members are required to notify technical requirements and conformity assessment procedures in accordance with Articles 2.9 and 5.6 of the WTO Agreement on Technical Barriers to Trade.In this regard,the number of TBT notifications has been increasi

215、ng every year since 2015.For instance,in 2019,2074 new measures were notified to the TBT Committee.This implies a growth of 8.91%in comparison with the previous year.Furthermore,there is an increasing number of Specific Trade Concerns(STC)regarding TBT measures as well.As the WTO TBT Enquiry Point G

216、uide4(2018)states,there is a correlation of 44%between TBT notifications and TBT STCs.Furthermore,according to the TBT Information Management System,the main types of concerns among Members that raised STCs in the Committee are regarding further information or clarification of a TBT measure(17.52%),

217、unnecessary barrier to trade(15.83%)and transparency(14.74%).These figures show that,even though WTO Members are complying with notifying technical requirements and conformity assessment procedures,the completeness of information on current TBT notifications does not seem to satisfy business needs,a

218、nd APEC economies are not strangers to this situation.In the Decisions and Recommendations Adopted by the Committee on Technical Barriers to Trade(G/TBT/1/Rev.14),the WTO gave Members some guidelines in order to improve the transparency in every aspect of TBT Notifications,as it remineded Members th

219、at transparency is a key issue for the correct application of the TBT Agreement and for good regulatory practices as well.II.Objectives In line with the implementation of Osaka Action Agenda which states that“APEC economies will achieve free and open trade in the AsiaPacific region by ensuring the t

220、ransparency of APEC economies respective nontariff measures”5,this initiative calls upon APEC members to identify best practices and capacity building opportunities to improve the quality and completeness of WTOs TBT notifications,within the scope of the current TBT Agreement.This proposal directly

221、contributes to CTIs work of promoting free and open trade as it would facilitate trade and predictability of regulations for government officials and private sector.In addition,this proposal would also complement the current work made by WTO TBT Committee.Moreover,these best practices could provide

222、valuable tools for future trade agreements and could lead to progress on the concept of FTAAP.In accordance with the Coherent Use of Notifications Formats(G/TBT/1/Rev.14),Perus proposal includes a self-funded study to evaluate,quantitatively,a representative sample 4 World Trade Organization(WTO).(2

223、018).WTO TBT Enquiry Point Guide:making transparency work.Retrieved from:https:/www.wto.org/english/tratop_e/tbt_e/tbt_enquiry_point_guide_e.pdf 5 1995/AMM/030 50 of TBT notifications from APEC economies between 2015 and 2019.This analysis will take into account the work already undertaken as part o

224、f the WTO TBT Committees 7th and 8th Triennial Review processes.This analysis would be complemented with a Public Private Dialogue(PPD),in order to discuss the findings of the study and to collect contributions from other stakeholders.As a result of these activities,it is expected to identify the ma

225、jor challenges that both,public and private sector,must face in the instances where proposed technical regulations or conformity assessment procedures are not properly explained or notified.The intended activities would be the basis to develop best practices that could complement WTO guidelines6(G/T

226、BT/1/Rev.14).The best practices would be used to explore capacity building opportunities to improve WTO notifications by APEC economies.III.Proposed Timeline 1.July2020,present the initiative for discussion and intersessional comments.The initiative will also be shared among MAG and SCSC members for

227、 intersessional comments.2.At CTI3 2020,APEC economies to endorse the initiative.3.November 2020,Peru to develop and present the proposed methodologies to evaluate(1)a representative sample of WTOs TBT notifications from APEC economies and(2)private sector experiences in using these notifications.4.

228、January May 2021,Peru will conduct the study.5.At CTI2 2021,Peru will circulate the draft study among CTI,MAG and SCSC members for intersessional comments.6.By CTI3 2021,CTI members to endorse the study.7.During 2021,Peru will propose an APEC project for a Public Private Dialogue(PPD)to discuss on t

229、he results of the study and on possible best practices to improve TBT notifications in the APEC region.8.At the margins of SOM1 2022,hold the PPD.9.By mid-April 2022,Peru to circulate a draft of possible best practices on TBT notifications among CTI,MAG and SCSC members for intersessional comments a

230、nd discussion.10.At CTI3 2022,CTI to endorse best practices.11.During 2023,economies to report the improvements applied to TBT notifications,explore options for capacity building 6 World Trade Organization(WTO).(2019).Decisions and Recommendations adopted by the WTO Committee on Technical Barriers t

231、o Trade since 1 January 1995.Retrieved from:https:/docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/TBT/1R14.pdf 51 7.APPENDIX 2:TERMS OF REFERENCE Self-funded Initiative on Promoting Transparency of TBT WTO Notifications:Improving Completeness and Clearness of Information(2020/CTI2/IS06)Pr

232、oposed by Peru Co-sponsors:Australia,Canada,Philippines,and United States IV.Background There is a proliferation of Non-Tariff Measures(NTMs)in the Asia-Pacific region and they are becoming more complex.In APEC,Sanitary and Phytosanitary Measures(SPS),and Technical Barriers to Trade(TBT)are by far t

233、he most employed NTMs,according to the World Trade Organization Integrated Trade Intelligence Portal(I-TIP)7.While a range of these are legitimate under the terms of the TBT Agreement many notifications may not be properly filled.This incompleteness of information and lack of transparency generates

234、concerns to businesses across the APEC region,especially to micro,small,and medium enterprises(MSMEs),since they are more exposed to NTMs that could turn into non-tariff barriers(NTBs).In this regard,the APEC study Non-Tariff Measures Affecting Small and Medium Enterprises in the Asia-Pacific Region

235、8(2016),states that,from the business perspective,SPS and TBT impose overly strict and complicated requirements,and several procedural obstacles.In addition,MSMEs find especially troublesome the lack of transparency and poor dissemination of information about the requirements and how to comply.Moreo

236、ver,according to the APEC Business Advisory Councils(ABAC)study,Non-Tariff Barriers in Agriculture and Food Trade in APEC:Business Perspectives on Impacts and Solutions9(2016),TBT measures are the most burdensomeness in comparison with other NTMs since they have the greatest negative impact in terms

237、 of time and cost.Inconsistency,lack of transparency,and sudden changes were the biggest problems highlighted by businesses,mostly regarding labelling,testing protocols and product classification.Since information on regulations affecting trade should be accessible to facilitate trade,those factors

238、do not only increase transaction costs,but also 7 World Trade Organization Integrated Trade Intelligence Portal(I-TIP).(2020).Retrieved from http:/i-tip.wto.org/goods/Default.aspx 8 Asia Pacific Economic Cooperation(APEC).(2016).Non-Tariff Measures Affecting Small and Medium Enterprises in the Asia-

239、Pacific Region.Retrieved from https:/apec.org/Publications/2016/06/Non-Tariff-Measures-Affecting-Small-and-Medium-Enterprises-in-the-Asia-Pacific-Region 9APEC Business Advisory Council(ABAC).(2016).Non-tariff Barriers in Agriculture and Food Trade in APEC.California:Marshall School of Business.Retri

240、eved from http:/info.marshall.usc.edu/academic/gpp/abac/Documents/Full%20Report%20-%20ABAC%20USC%20Marshall%20-%20Non-Tariff%20Barriers%20in%20Agriculture%20and%20Food%20Trade.pdf 52 make it difficult for MSMEs to make efficient business decisions in order to export their products.WTO Members are re

241、quired to notify technical regulations and conformity assessment procedures in accordance the WTO Agreement on Technical Barriers to Trade.In this regard,the number of TBT notifications has been constantly increasing every year since 2015.For instance,in 2019,2074 new measures were notified to the T

242、BT Committee.This is a growth of 8.91%in comparison to the previous year10.Furthermore,there is an increasing number of Specific Trade Concerns(STC)regarding TBT measures as well.As WTO TBT Enquiry Point Guide11(2018)states,there is a correlation of 44%between TBT notifications and TBT STCs.Moreover

243、,according to the TBT Information Management System,the main types of concerns among Members that raised STCs in the Committee are related to the need of further information or clarification of a TBT measure(17.52%),unnecessary barrier to trade(15.83%)and transparency(14.74%).These percentages show

244、that,even though WTO Members are complying with notifying technical regulations and conformity assessment procedures,the completeness and transparency of the information furnished in current TBT notifications do not seem to satisfy business needs,and APEC economies are not strangers to this situatio

245、n.In the Decisions and Recommendations Adopted by the Committee on Technical Barriers to Trade(G/TBT/1/Rev.14),WTOs TBT Committee provided some guidelines in order to improve the transparency in every aspect of TBT Notifications.And it reminded Members that transparency is a key issue for the correc

246、t application of the TBT Agreement and for good regulatory practices as well.V.Objectives of the study The objective of the study is to evaluate the completeness and clearness of the information provided by APEC Members,in accordance with WTOs TBT Guidelines.It seeks to raise awareness and increase

247、understanding of:-TBT notifications compliance in accordance with the Coherent Use of Notifications Formats(G/TBT/1/Rev.14).-Key items from TBT notifications that should be clearly written to improve the completeness and clearness of the information.-Private sector perceptions of TBT notifications a

248、nd main challenges related to completeness and clearness of the information.-Best practices and capacity building opportunities to assist APEC Members in improving the completeness and clearness of their WTO TBT notifications,within the scope of the current TBT Agreement.10 Technical Barriers to Tra

249、de Information Management System.(2021)(http:/tbtims.wto.org/).11 World Trade Organization(WTO).(2018).WTO TBT Enquiry Point Guide:making transparency work.Retrieved from:https:/www.wto.org/english/tratop_e/tbt_e/tbt_enquiry_point_guide_e.pdf 53 VI.Methodology Scope of the study The study will consi

250、der regular and emergency notifications,and their respective addenda and corrigenda,furnished by APEC economies between 2015 and 2019.The results will be shown in an aggregate matter.All notifications that will be used in the sample have been published in the WTO TBT Information Management System.Fi

251、rst part of the analysis WTO TBT Notifications TBT regular notifications:Considering that the number of WTO TBT regular notifications between 2015-2019 have been 4 507,a total of 355 notifications will be randomly selected for the study.The technical details of the determination of the sample are de

252、tailed in Annex 1.This a representative sample which provides 95%confidence level.The sample will be randomly selected and distributed proportionally based on the percentage of notifications from each APEC economy during the aforementioned period.It should be noted that regular notifications also in

253、clude both(i)“technical regulations”,and(ii)“conformity assessment procedures”under urgent circumstances notified according to Articles 2.10.1 and 5.7.1,respectively.Regular TBT notifications will be evaluated according to the questionnaire developed in Annex 2.The purpose of this tool is to evaluat

254、e if the information provided by economies in each item of the TBT notification is consigned in accordance with the WTOs Coherent Use of Notifications Formats(G/TBT/1/Rev.14).Considering that any addendum or corrigendum should be read in conjunction with the original notification,the addendum or cor

255、rigendum derived from the selected notifications will be evaluated using the questionnaires developed in Annexes 3 and 4 respectively.If any regular notification has a revision,and considering that a revision replaces an existing notification,that document would also be evaluated using the questionn

256、aire in Annex 2.Second part of the analysis Private sector experiences To complement the analysis,private sector experiences on TBT notifications will be evaluated using the questionnaire developed in Annex 5.There will not be a limit to the number of responses per economy.VII.Project Management/Adm

257、inistration The evaluation and analysis of the study will be conducted and managed by the Ministry of Foreign Trade and Tourism of Peru in collaboration with Perus APEC Study Center(ASC)and ABAC Peru.VIII.Tentative Timeline 54 12.February-March 2021,Peru to develop and present the proposed methodolo

258、gies to evaluate(1)a representative sample of WTOs TBT notifications from APEC economies and(2)private sector experiences in using these notifications.Endorsement of the Terms of Reference by mid-March 2021.13.April July 2021,Peru will conduct the study.14.By CTI3 2021,Peru will circulate the draft

259、study among CTI,MAG,SCSC and SMEWG members for intersessional comments.15.By CSOM,CTI members to endorse the study.55 IX.Annexes Annex 1.Determination of Sample Size The study will consider regular notifications and their respective addenda and corrigenda,by APEC economies between 2015 and 2019.The

260、sample size is based on the number of TBT regular notifications.Confidence level 95%Confidence interval 5%Total number of notifications 4,507 Sample size 355 56 Annex 2.Evaluation Tool for TBT Regular Notifications Number Question Alternatives Code of document(G/TBT/N/)Date of distribution(dd/mm/yyy

261、y)1 Member notifying APEC Economy 1.1 Is a local government involved?0:No,1:Yes 2.1 Is the agency responsible for elaborating the notification mentioned?0:No,1:Yes 2.2 Is there specific information of contact point for handling comments?Checkboxes 0:None 1:Name and surname of an officer 2:Department

262、/Directorate/Office 3:Ministry/Government Body 4:E-mail 5:Phone 6:PO Address 7:Website 3.1 Is there a relevant provision of the Agreement checked?0:No(continue with question 4.1),1:Yes(continue with question 3.1.1)3.1.1 Which provision of the Agreement is it checked?Checkboxes 0:Article 2.9.2 1:Arti

263、cle 2.10.1 2:Article 5.6.2 3:Article 5.7.1 4:other:_ 4.1 Is the tariff item number(s)(HS)mentioned?0:No,1:Yes 4.2 Is the CCCN mentioned?0:No,1:Yes 4.3 Is the heading of the International Classification of Standards(ICS)mentioned?0:No,1:Yes 4.4 Is there any description of the products?0:No(continue w

264、ith question 5.1),1:Yes(continue with question 4.4.1)4.4.1 Is the description clear?0:No,1:Yes 4.4.2 Does it contain abbreviations?0:No,1:Yes 5.1 Is the title of the regulation mentioned?0:No,1:Yes 5.2 Are the page numbers of the notified document specified?0:No,1:Yes 5.3 Is/Are the language(s)of th

265、e regulation specified?Checkboxes 1:English 2:Spanish 3:French 4:Other 5.4 Does it indicate if there is an available translation of the notified document?0:No(redirect to question 6.1)1:Yes(continue with question 5.4.1)5.4.1 What language(s)is the document translated into?Checkboxes 57 1:English 2:S

266、panish 3:French 4:Other 6.1 Does it contain any description or abstract of the proposed regulation?0:No,1:Yes 6.2 Is the description clear?0:No,1:Yes 6.3 Does it contain abbreviations?0:No,1:Yes 7.1 Is the legitimate objective of the regulation indicated?0:No(redirect to question 7.2)1:Yes(continue

267、with question 7.1.1)7.1.1 What is the legitimate objective of the proposed regulation?Checkboxes 1:Prevention of deceptive practices and consumer protection 2:Protection of human health or safety 3:Quality requirements 4:Protection of the environment 5:Consumer information,labelling 6:Reducing trade

268、 barriers and facilitating trade 7:Harmonization 8:Protection of animal or plant life or health 9:Cost saving and productivity enhancement 10:National security requirements 11:Other 7.2 In general,does the description facilitate the understanding of the proposed regulation?0:No,1:Yes 8.1 Does it con

269、tain information about the publication where notice appears?0:No,1:Yes 8.1.1 Is the date specified?0:No,1:Yes 8.1.2 Is the reference number specified?0:No,1:Yes 8.2 Does it contain information about the proposal and basic document(with specific reference number or other identification)to which the p

270、roposal refers?0:No,1:Yes 8.3 Does it contain information about the publication where the proposal will appear once adopted?0:No,1:Yes 8.4 Does it contain a reference to relevant international standards?0:No,1:Yes 8.4.1 Does the notification identify if the proposed regulation conforms to the releva

271、nt international standard?0:No(continue with question 8.4.1.1)1:Yes(redirect to question 8.5)8.4.1.1.Is there any additional information regarding how and why the proposed regulation deviates from the international standard?0:No(redirect to question 8.5)1:Yes(continue with question 8.4.1.1.1)58 8.4.

272、1.1.1 Is the information on clear to understand the deviation from international standards clear to understand?0:No 1:Yes 8.5 Does it provide access to assessment such as regulatory impact assessment(RIA)?0:No 1:Yes 9.1 Does it indicate the date when the regulation is expected to be adopted?0:No(red

273、irect to question 9.2)1:Yes(continue with question 9.1.1)2:Inaccurate date(redirect to question 9.2)9.1.1.Specify the date(dd/mm/yyyy)9.2 Does it indicate the proposed date of entry into force?0:No answer(redirect to question 10.1)1:Already in force(redirect to question 10.1)2:Less than six months f

274、rom date of publication(continue with question 9.2.1)3:Six months from date of publication(continue with question 9.2.1)4:More than six months from date of publication(continue with question 9.2.1)5:Inaccurate date(redirect to question 10.1)9.2.1 Does it specify the date?0:No 1:Yes(indicate the date

275、:dd/mm/yyyy)10.1 Does it mention the final date for comments?0:No answer(redirect to question 11.1)1:Less than sixty days from the date of circulation of the notification(continue with question 10.1.1)2:Sixty days from the date of circulation of the notification(continue with question 10.1.1)3:More

276、than sixty days from the date of circulation of the notification(continue with question 10.1.1)4:Inaccurate date(redirect to question 11.1)10.1.1 Does it specify the date?0:No 1:Yes(indicate the date dd/mm/yyyy)59 11.1 Does the notification present information in the section“text available from”?0:N

277、o(end of the survey)1:Yes(continue with question 11.1.1)11.1.1 Which of these items does box 11 include?0:National enquiry point(redirect to question 11.1.1.2)1:National enquiry point with specific information(continue with question 11.1.1.1)2:Specific information(continue with question 11.1.1.1)11.

278、1.1.1 Does it include a web link?0:No 1:Yes 11.1.1.2 Is this information a copy from another section of the notification?0:No 1:Yes Annex 3.Evaluation Tool for TBT Addendum Number Question Alternatives 1 Member notifying APEC Economy 2 Code of document (G/TBT/N/)3 Number of addenda Multiple choice q

279、uestion 1-9 and other 4 Date of distribution (dd/mm/yyyy)5 Does it include a title outlining the TBT measure or product to it refers?0:No,1:Yes 6 Does it briefly recap what was notified,when and what it was about?0:No,1:Yes 7 Does it specify what change has been made and why?0:No,1:Yes 8 Which is th

280、e circumstance to notify this addendum?Multiple choice question 1:Modification of final date for comments,2:Notification of adoption,publication,or entry into force of regulation,3:Modification of content and/or scope of previously notified draft regulation,4:Withdrawal of proposed regulation,5:Modi

281、fication of the link where text of final measure is available 6:Interpretive guidance issued 7:Other 9 Does it provide a comment period?0:No(redirect to question 9.2)1:Sixty days from the date of circulation of the addendum(redirect to question 9.2)60 2:Sixty days from the date of circulation of the

282、 addendum to the notification with a specific date(continue with question 9.1)3:Only a specific date(continue with question 9.1)9.1 Specify the date(dd/mm/yyyy)(redirect to question 10)9.2 Which agency or authority is designated to handle comments?Checkboxes 1:National notification authority 2:Natio

283、nal enquiry point 3:Other body 4:No answer 10 Is there specific information of contact point?Checkboxes 0:None 1:Name and surname of an officer 2:Department/Directorate/Office 3:Ministry/Government Body 4:E-mail 5:Phone 6:PO Address 7:Website 11 Is the information provided in the item text available

284、 from is the same as the agency or authority designated to handle comments?0:No(continue with question 11.1)1:Yes(end of the survey)11.1 Which agency or authority is designated to provide text?Checkboxes 1:National notification authority 2:National enquiry point 3:Other body 4:No answer 11.1.1 Is th

285、ere specific information of contact point?Checkboxes 0:None 1:Name and surname of an officer 2:Department/Directorate/Office 3:Ministry/Government Body 4:E-mail 5:Phone 6:PO Address 7:Website(end of the survey)61 Annex 4.Evaluation Tool for TBT Corrigendum Number Question Alternatives 1 Member notif

286、ying APEC Economy 2 Code of document (G/TBT/N/)3 Number of corrigendum Multiple choice question 1-9 and other 4 Date of distribution (dd/mm/yyyy)5 Does it include a title outlining the TBT measure or product to it refers?0:No,1:Yes 6 Does it include information related to the correction of error(s)f

287、rom the original notification?0:No,1:Yes 7 Is it clear which the error(s)to is/are to be corrected?0:No,1:Yes 8 Which item(s)is(are)corrected?Checkboxes 1:Notifying Member 2:Agency responsible 3:Notified under 4:Products covered 5:Title,translations 6:Description of content 7:Objective and rationale

288、 8:Relevant documents 9:Proposed dates of adoption and entry into force 10:Final date for comments 11:Texts available from the national enquiry point 9 Does it specify the agency or authority where the text is available?Checkboxes 1:National notification authority 2:National enquiry point 3:Other bo

289、dy 4:No answer 10 Is there specific information of contact point?Checkboxes 0:None 1:Name and surname of an officer 2:Department/Directorate/Office 3:Ministry/Government Body 4:E-mail 5:Phone 6:PO Address 7:Website 62 Annex 5.Private Sector Evaluation Tool for TBT Notifications Number Question Alter

290、natives 1 Economy APEC economy 2 Commercial condition 0:Importer,1:Exporter,2:Importer/Exporter 3 Do you know that there is a TBT notification system from the World Trade Organization(WTO)?0:No(redirect to question 3.3)1:Yes(continue with question 3.1)3.1 How often do you check TBT notifications fro

291、m sources provided by WTO?1:Daily,2:Weekly,3:Monthly,4:Other(please explain)3.2 How do you obtain the TBT notifications?Checkboxes 1:Check by myself in the WTO website,2:Government sends the information,3:The information is provided by chambers of commerce/exporters associations/other similar organi

292、zations,4:ePing notification alert system,5.E-mail notifications 6:Other(please explain)3.2.1 In your opinion,which are the 3 most important items from TBT notifications?Checkboxes 1:Notifying Member 2:Agency responsible 3:Notified under 4:Products covered 5:Title,translations 6:Description of conte

293、nt 7:Objective and rationale 8:Relevant documents 9:Proposed dates of adoption and entry into force 10:Final date for comments 11:Texts available from the national enquiry point 3.2.1.1 Please explain the reason for your selections in 3.2.1 Multiple choice question 1:It allows to contact the agency/

294、authority in charge of the emitting the notification.2:It provides the documentation necessary to understand the notification.3:It indicates the dates to 63 present observations,publication and adoption.4:Others(please explain)3.2.2 Which are your major challenges when you analyze TBT notifications?

295、Checkboxes 1:Lack of information of the draft measure,2:It is difficult to determine which products are involved,3:Different languages used in the linked documents,4:International standard is not provided,5:There is not enough time to comment 6:Others(please explain)3.2.3 Please evaluate the transpa

296、rency and effectiveness of information of the TBT notifications provided by APEC economies that are most important in your case Multiple choice grid Rows:21 APEC Economy Columns:0:Does not apply,1:Not transparent at all,2:Somehow transparent,3:Transparent,4:Very transparent 3.3 How do you get the in

297、formation regarding changes on TBT measures?Checkboxes 1:Commercial partners 2:Government sends the information,3:The information is provided by chambers of commerce/exporters associations/other similar organizations,4:Specialized websites 5:Specialized enterprises 6:Other(please explain)64 8.REFERE

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300、ifying to costs of non-tariff measures in the Asia-Pacific Region.Wellington:NZ Institute of Economic Research(NZIER).Valverde,M.,Chan,J.,Huertas,D.,&Ibarra,W.(2019).Study of APEC Economies Sanitary and Phytosanitary(SPS)Notifications on Quality and Completeness of Information.Singapore:APEC Secreta

301、riat.Valverde,M.,Rosas,C.,Chan,J.,Ibarra,W.&Vilchez,K.(2020).Study of APEC Economies TBT and SPS Specific Trade Concerns:An Analysis from the APEC Cross Cutting Principles on Non-Tariff Measures.Singapore:APEC Secretariat.World Trade Organization.(2018).WTO TBT Enquiry Point Guide:Making transparenc

302、y work.Trade and Environmental Division.WTO Committee on Technical Barriers to Trade.(2019).Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995.Retrieved from WTO Documents Online:https:/docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/TBT/1R14.pdf&Open=True WTO The WTO Agreement Series.(2014).Technical Barriers to Trade.Retrieved from WTO Publications: