RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/132
29 March 2000
(00-1280)
Committee on Technical Barriers to Trade
FACTUAL COMPARISON BETWEEN THE ANNEX 3 OF THE WTO/TBT AGREEMENT
- CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND
APPLICATION OF STANDARDS AND THE ISO/IEC GUIDE 59
- CODE OF GOOD PRACTICE FOR STANDARDIZATION
Note by the Secretariat
At the nineteenth meeting of the Comm ittee on Technical Barriers to Trade on
25 February 2000, the Secretariat was requested to re-issue the following document which was
originally prepared on 21 June 1994 for the GATT/TBT Committee.
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1. At its forty-seventh meeting on 4 May 1994, the Committee requested the Secretariat to
prepare a paper comparing the Annex 3 of the WTO/TBT Agreement  - Code of Good Practice for the
Preparation, Adoption and Application of Stan dards and the ISO/IEC Guide 59 - Code of good
practice for standardization.   This Note responds to that request.
2. The attached table is a side by side comparison of the two codes, putting together the
provisions concerning the same subject matter.
3. The Secretariat's observations on some of the differences between the two codes are:
(1) Objectives
The principle objective of the WTO/TBT Code is to minimize obstacles to trade which arise
from the preparation, adoption and application of standards.  The objective of the ISO/IEC Guide, as
stated in its Introductory Commentary 1.4, is to ensure a degree of order, coherence and effectivenessin worldwide standardization processes.  The guide lays out the principles to be respected for the
development of standards reached by consensus am ong voluntary standards bodies, their relation to
the market, the openness of participation in the standards development process and the need to ensure
coordination and transparency by an appropriate information system.  The main interests of ISO/IEC
are to streamline standards development methods and procedures; to promote the commercialsignificance of their standards and services; and to avoid overlapping of work with related
international and regional standards bodies.  As a result, the ISO/IEC Guide provides more guidelines
for the procedures on standards development, participation in the standards development process, and
the coordination of standardization activity in the global standardizing system.
(2) Definition
Although both codes use ISO/IEC Guide 2:1991 as a reference, the WTO/TBT Code uses it
with certain modifications (as indicated in Annex 1 of the TBT Agreement).G/TBT/W/132
Page 2
(3) Acceptance or Adoption
The WTO/TBT Code is open to acceptance by any standardizing body within the territory of
a Member of the WTO, including those which are not using the consensus principle.  The ISO/IEC
Guide is intended for adoption by any standardizing body which approves standards using proceduresbased on principles of consensus.  As a result the WTO/TBT Code is broader than that of the ISO/IEC
Guide.
(4) Notification of acceptance or adoption
The WTO/TBT Code requires standardizing bodies which have accepted or withdrawn from
the Code to notify either directly to ISO/IEC Information Centre,  through the national member bodyof ISO/IEC or through ISONET system.  The ISO/IEC Guide requires the notification of adoption to
be made through the ISO or IEC national members which then forward to the ISO/IEC Information
Centre.  Only regional or international standardizing bodies and those standardizing bodies in
countries without ISO or IEC members may notify directly to the ISO/IEC Information Centre.  
(5) National and MFN Treatment
The WTO/TBT Code requires standardizing bodies, in respect to standards, to accord national
and MFN treatment to products originating in the territory of any other Member of the WTO.  The
ISO/IEC Guide says that standards shall neither be written nor adopted so as to discriminate betweenproducts from different origins.
(6) The Application of Standards
The WTO/TBT Code requires standardizing bodies to ensure that standards are not prepared,
adopted or applied with a view to, or with the effect of , creating unnecessary obstacles to
international trade.  The ISO/IEC Guide clearly defines how standards shall be written, but it does not
directly address the effect of the application of standards.
(7) Participation in International Standardization Activity
The WTO/TBT Code encourages participation to take place, whenever possible, through one
delegation representing all standardizing bodies in the territory of a Member.  The ISO/IEC Guide
says that participation is organized under the auspices of the appropriate national standards body
which is the member of the relevant international standards organization.
(8) Avoid Duplication of Work
Avoidance of duplication of work between a st andardizing body within the territory of a
Member and relevant international or regional standardizing bodies is not mentioned in the ISO/IEC
Guide, but is covered in the WTO/TBT Code.
(9) Work Programme
The WTO/TBT Code requires standardizing bodies to publish a work programme at least
once every six months, containing inter alia  the standards it is currently preparing and the standards it
has adopted in the preceding period; and for each standard to indicate the subject matter, the stage inthe standard's development and the references.  Standardizing bodies are also required to provide a
title of draft standards in GATT languages, if requested;  and to announce the existence of the work
programme in a publication and to notify the existence thereof to the ISO/IEC Information Centre,
preferably through ISONET.G/TBT/W/132
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The procedures for transparency in the ISO/IEC Guide are less detailed.  It  requires
notification of standardization activity to be made in suitable media; and that the information should
be made accessible through ISONET.
(10) Comments on Draft Standards
The WTO/TBT Code requires standardizing bodies to allow at least 60 days for the
submission of comments by interested parties within the territory of a Member of the WTO and to
publish a notice announcing the period for commenting.  There are also obligations to provide, if
requested, each interested party within the territory of a Member of the WTO a copy of a draft
standard and to reply to comments received throug h standardizing bodies that have accepted the Code.
The ISO/IEC Guide provides an opportunity to review and comment on draft standards for allinterested parties, wherever located without stating the precise obligations concerning the comment
period and the notice announcing the period for commenting.
(11) Procedures for the Development of Standards
Part 4 of the ISO/IEC Guide lists out detail ed guidelines for the procedures for the
development of standards, including that it should be based on the consensus principle;  it  should
contain an appeals mechanism and periodic revision;  and that records of standards development
activity shall be prepared and maintained.  There is no corresponding WTO/TBT Code provision.
(12) Advancement of International Trade 
Under Part 5 of the ISO/IEC Guide, there are "should" obligations on the drafting of standards
in connection to consumers, administrative requirements and patented items.  There is no
corresponding WTO/TBT Code obligation.
(13) Participation in the Standards Development Process, Coordination and Information
Under Parts 6 and 7, the ISO/IEC Guide provides a detailed system at the international,
regional and national levels.  There is no corresponding WTO/TBT Code provision.
(14) Enforcement and review of the code
The WTO/TBT Code is referred to under Article 4 of the TBT Agreement and constitutes a
part of the Agreement which at the same time is one of the agreements falling under the WTO.
Article 14.4 of the TBT Agreement says that dispute settlement provisions can be invoked in cases
where a Member considers that another Member has not achieved satisfactory results under Article 4and its trade interests are significantly affected.  There are also two Ministerial Decisions related to
the WTO/TBT Code of Good Practice:  "the Proposed Understanding on WTO-ISO Standards
Information System" and "the Decision on Review of the ISO/IEC Information Centre Publication"
which provide for a publication prepared by the ISO/IEC Information Centre, publishing the
information received in the notifications made to it under paragraphs C and J of the Code; and thepublication will be reviewed by the TBT Committee at least once a year.  There is no corresponding
ISO/IEC Guide provision.G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
General Provisions
A.  For the purposes of this Code the definitions in Annex 1  of this
Agreement apply.2.  Definitions
For the purposes of this code, the definitions of ISO/IEC Guide 2:1991
apply to any body which approves standards using procedures based on the
principles of consensus.  Such bodies form a subset of the bodies covered
by Annex 3 of the GATT 1991 Agreement on Technical Barriers to Trade,
as explained in annex A to this code
B.  This Code is open to acceptance by any standardizing body within theterritory of a Member of the WTO, whether a central government body, a
local government body, or a non-governmental body;  to any governmental
regional standardizing body one or more members of which are Members of
the WTO;  and to any non-governmental regional standardizing body one ormore members of which are situated within the territory of a Member of the
WTO (referred to in this Code collectively as "standardizing bodes" and
individually  as "the standardizing body").3.  General provisions
3.1  This code is intended for use by any standardizing body, whether
governmental or non-governmental, at international, regional, national or
sub-national level.  Standardizing bodies that have adopted this code maynotify this fact to the ISO or IEC member in their country, which will
forward the notification to the ISO/IEC Information Centre in Geneva.  The
notifications should include the name and address of the body concerned
and the scope of its current and expected standardization activities.
Regional or international standardizing bodies in countries without ISO orIEC members, may notify their adoption of this code directly to the
ISO/IEC Information Centre.
C.  Standardizing bodies that have accepted or withdrawn from this Codeshall notify this fact to the ISO/IEC Information Centre in Geneva.  The
notification shall include the name and address of the body concerned and
the scope of its current and expected standardization activities.  The
notification may be sent either directly to the ISO/IEC Information Centre,or through the national member body of ISO/IEC or, preferably, through the
relevant national member or international affiliate of ISONET, as
appropriate.G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
Substantive Provisions
D.  In respect of standards, the stan dardizing body shall accord treatment to
products originating in the territory of any other Member of the WTO no
less favourable than that accorded to like products of national origin and tolike products originating in any other country.5.5  Standards shall neither be written nor adopted so as to discriminate
among products on the basis of the place of origin.
E.  The standardizing body shall ensure that standards are not prepared,
adopted or applied with a view to, or with the effect of, creatingunnecessary obstacles to international trade.5.  Advancement of international trade
5.1  Standards should be written to meet the needs of the market-place and
should contribute to advancing free trade in the broadest possible
geographic and economic contexts.  Standards shall not be written so as to
impede or inhibit international trade.
5.2  Standards shall not be written as a means to fix prices, nor to exclude
competition or otherwise inhibit commerce beyond that necessary to meet
requirements of relevant technical regulations or other legitimate sectorial
or local requirements for compatibility, environmental protection, health
and safety.
F.  Where international standards exist or their completion is imminent, thestandardizing body shall use them, or the relevant parts of them, as a basisfor the standards it develops, except where such international standards or
relevant parts would be ineffective or inappropriate, for instance, because of
an insufficient level of protection or fundamental climatic or geographical
factors or fundamental technological problems.5.3  When international standards exist or their completion is imminent,
they, or their relevant parts, shall be used as the basis for correspondingnational or regional standards, except where such international standards or
relevant parts would be ineffective or inappropriate, for instance because of
an insufficient level of protection or fundamental climatic or geographical
factors or fundamental technological problems.G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
G.  With a view to harmonizing standards on as wide a basis as possible, the
standardizing body shall, in an appropriate way, play a full part, within thelimits of its resources, in the preparation by relevant international
standardizing bodies of international standards regarding subject matter for
which it either has adopted, or expects to adopt, standards.  For
standardizing bodies within the territory of a Member, participation in a
particular international standardization activity shall, whenever possible,take place through one delegation representing all standardizing bodies in
the territory that have adopted or expect to adopt, standards for the subject
matter to which the international standardization activity relates.6.2  With a view to harmonizing standards on as wide a basis as possible,
the standardizing body shall, in an appropriate way, give priority to playinga full part within the limits of its resources in the preparation by relevant
international standardizing bodies of international standards regarding
subject matter for which it either has developed or adopted, or expects to
develop or adopt standards.
6.3  At international level, national participation in the standardization
process is organized under the auspices of the appropriate national standards
body which is the member of the relevant international standards
organization.  National members shall ensure that their participation reflects
a balance of national interests in the subject matter to which theinternational standardization activity relates.
H.  The standardizing body within the territory of a Member shall makeevery effort to avoid duplication of, or overlap with, the work of other
standardizing bodies in the national territory or with the work of relevant
international or regional standardizing bodies.  They shall also make every
effort to achieve a national consensus on the standards they develop.
Likewise the regional standardizing body shall make every effort to avoidduplication of, or overlap with, the work of relevant international
standardizing bodies.7.5  Coordination responsibility betw een regional and international
standardization activities should rest with the bodies concerned.  In
particular, regional standardizing bodies shall make every effort to avoid
duplication of, or overlap with, the work of relevant international
standardizing bodies.
I.  Wherever appropriate, the standardizing body shall specify standards
based on product requirements in terms of performance rather than design
or descriptive characteristics.5.6  Whenever possible, in order to leave maximum freedom for technical
development, the requirements of standards shall be expressed in terms of
performance rather than design or descriptive characteristics.G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
J.  At least once every six months, the standardizing body shall publish a
work programme containing its name and address, the standards it iscurrently preparing and the standards which it has adopted in the preceding
period.  A standard is under preparation from the moment a decision has
been taken to develop a standard until that standard has been adopted.  The
titles of specific draft standards shall, upon request, be provided in English,
French or Spanish.  A notice of the existence of the work programme shallbe published in a national or, as the case may be, regional publication of
standardization activities.
The work programme shall for each standard indicate, in accordance
with any ISONET rules, the classificati on relevant to the subject matter, the
stage attained in the standard's development, and the references of any
international standards taken as a basis.  No later than at the time of
publication of its work programme, the standardizing body shall notify the
existence thereof to the ISO/IEC Information Centre in Geneva.
The notification shall contain the name and address of the
standardizing body, the name and issue of the publication in which the work
programme is published, the period to which the work programme applies,
its price (if any), and how and where it can be obtained.  The notification
may be sent directly to the ISO/IEC Information Centre, or, preferably,
through the relevant national member or international affiliate of ISONET,
as appropriate.4.3  Notification of standardization activity shall be made in suitable media
as appropriate to afford interested persons or organizations an opportunityfor meaningful contributions.  This entails timely notification in appropriate
media of new, current and completed standards development activities, and
reporting on status changes as appropriate.
7.7  All information referred to in clause 4 should be made accessible
through ISONET.  The ISO member body in any country, or an
international or regional standardizing body, should define its appropriate
focal point and referral agent for standards-related enquiries.
K.  The national member of ISO/IEC shall make every effort to become a
member of ISONET or to appoint another body to become a member as
well as to acquire the most advanced membership type possible for theISONET member.  Other standardizing bodies shall make every effort to
associate themselves with the ISONET member.3.2  Members of ISO shall make every effort to become members of
ISONET or to appoint another body to become a member, as well as to
acquire the most advanced membership type possible for the ISONETmember.  Other standardizing bodies shall make every effort to associate
themselves with ISONET (see annex B for description of the ISONET
system).G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
L.  Before adopting a standard, the standardizing body shall allow a period
of at least 60 days for the submission of comments on the draft standard byinterested parties within the territory of a Member of the WTO.  This period
may, however, be shortened in cases where urgent problems of safety,
health or environment arise or threaten to  arise.  No later than at the start of
the comment period, the standardizing body shall publish a notice
announcing the period for commenting in the publication referred to inparagraph J.  Such notification shall include, as far as practicable, whether
the draft standard deviates from relevant international standards.
M.  On the request of any interested party within the territory of a Memberof the WTO, the standardizing body shall promptly provide, or arrange to
provide, a copy of a draft standard which it has submitted for comments.Any fees charged for this service shall, apart from the real cost of delivery,
be the same for domestic and foreign parties.
N.  The standardizing body shall take into account, in the further processing
of the standard, the comments rece ived during the period for commenting.
Comments received through standardizing bodies that have accepted this
Code of Good Practice shall, if so requested, be replied to as promptly as
possible.  The reply shall include an explanation why a deviation from
relevant international standards is necessary.4.4  On the request of any interested party, the standardizing body shall
promptly provide, or arrange to provide, a copy of a draft standard which it
has submitted for comments. Any fees charged for this service shall, apartfrom the real cost of delivery, be the same for domestic and foreign parties.
Interested parties, wherever located, shall be provided with reasonable
opportunity to review and comment on draft standards. Prompt
consideration and response, if so requested, shall be given to all views and
comments received, including, for instance, explanation why a deviationfrom relevant international standards is necessary.
O.  Once the standard has been adopted, it shall be promptly published.
P.  On the request of any interested party within the territory of a Member of
the WTO, the standardizing body shall promptly provide or arrange to
provide a copy of its most recent work programme or of a standard which it
produced.  Any fees charged for this service shall, apart from the real costs
of delivery, be the same for foreign and domestic parties.4.7  All approved standards shall be published promptly.  Copies shall be
made available under reasonable terms and conditions to any person,
wherever located.G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
Q.  The standardizing body shall afford sympathetic consideration to, and
adequate opportunity for, consultation regarding representations withrespect to the operation of this Code presented by standardizing bodies that
have accepted this Code of Good Practice.  It shall make an objective effort
to solve any complaints.3.3  The standardizing body shall afford sympathetic consideration to, and
adequate opportunity for, consultation regarding representations made, withrespect to the operation of this code, by other standardizing bodies that have
accepted it.  The standardizing body shall make an objective effort to
resolve any complaints.
1.  Introductory commentary
1.1  Standards play an important role in trade and commerce within and
between all countries of the world. These standards are developed by many
bodies, at sub-national, national, regional and international levels, a
significant number of which prepare their documents by consensus
processes. Alongside the growth of international trade and technological
cooperation, standardizing bodies have developed procedures and modes ofcooperation which are commonly considered to constitute good practices for
standards development at all levels. These practices are set out here in the
form of a code, applicable to governmental and non-governmental
consensus bodies.
1.2  At international level, the voluntary standardization process isessentially coordinated under the auspices of the International Organization
for Standardization (ISO), the International Electrotechnical Commission
(IEC), and the International Telecommunications Union (ITU). These
bodies are apex organizations for an extensive infrastructure which has itsfoundations at national level, and extends into regional activities whenever
necessary. This global system (i.e. standardization at national, regional and
international level) is linked together via collaboration agreements between
ISO, IEC and ITU at international level; by similar agreements between
standardization organizations at regional level, such as CEN, CENELECand ETSI in Europe; and at the base, through an extensive array of
collaboration agreements between the national members of the three apex
organizations.G/TBT/W/132
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CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION
AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
1.3  Within the global standardization system, the national members of the
three apex organizations assume the major responsibility for ensuringcoherency and coordination. For this reason a distinction is made, in the
definitions and under clauses 6 and 7 of this code, between a standardizing
body (of which there may be many in the same country) and a national
standards body  which in addition is the national member of one or more of
the international apex bodies, and of the corresponding regionalorganizations where relevant.
1.4  Adoption of this code is voluntary and intended to ensure openness and
transparency, together with an optimum degree of order, coherence and
effectiveness in worldwide standardization processes. Provisions whichshould be of a binding nature are given in the form of requirements, using
the modal auxiliary "shall".
4.  Procedures for the development of standards
4.1  Written procedures based on the consensus principle should govern the
methods used for standards development. Copies of the procedures of the
standardizing body shall be available to interested parties in a reasonable
and timely manner upon request.
4.2  Such written procedures should contain an identifiable, realistic andreadily available appeals mechanism for the impartial handling of any
substantive and procedural complaints.
4.5  Formal approval of standards should be based on evidence ofconsensus.
4.6  All standards should be reviewed on a periodic basis and revised in atimely manner. Proposals for the development of new or revised standards,
when submitted according to appropriate procedures by any materially and
directly interested person or organization, wherever located, should be given
prompt consideration.G/TBT/W/132
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AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
4.8  Proper records of standards development activity shall  be prepared and
maintained.
5.  Advancement of international trade
5.4  Standards should not be written so as to allow them to be used tomislead consumers and other users of a product, process or service
addressed by the standard.
5.7  Administrative requirements relating to conformity assessment and
marks of conformity or other, non-technical issues should be presented
separately from technical and/or performance requirements.
5.8  Standards should not be drafted in terms that include the use of a
patented item unless the use of such an item is justifiable for technicalreasons, and the rights holder agrees to negotiate licences with interested
applicants, wherever located, on reasonable terms and conditions.
6.  Participation in the standards development process
6.1  Participation in standardization processes at all levels shall be
accessible to materially and directly interested persons and organizations
within a coherent process as described in this clause.
6.4  At regional level, participation in the consensus standardizationprocess, which is organized to suit the particular needs of the technologyand the region, should always reflect a balance of national and regional
interests in regional standardizing work.  Opportunities for effective and
meaningful contributions from countries not within the region should be
organized under the auspices of the national standards bodies of those
countries and should be done in cooperation with the international standardsorganizations in which membership is common.G/TBT/W/132
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AND APPLICATION OF STANDARDSISO/IEC GUIDE 59:1994(E)
CODE OF GOOD PRACTICE FOR STANDARDIZATION
6.5  At national level, participation should be organized by standardizing
bodies and national standards bodies according to their respectiveconsensus-building procedures which should provide for balanced
representation of interest categories such as producers, buyers, consumers,
etc.  Opportunities for effective and meaningful contributions from other
countries should be organized under the auspices of the national standards
bodies of those countries and should be done in cooperation with theinternational and regional standards organizations in which membership is
common.
7.  Coordination and information
7.1  In order for standards to be mutually consistent and free from
contradiction for the largest possible user communities, standardization
activities should be actively, but voluntarily, coordinated at and between
international and regional levels, and within each country.
7.2  Coordination responsibility at international level should rest with each
international standards organization.
7.3  Coordination responsibility at re gional level should rest with each
regional standards organization.
7.4  Coordination responsibility at national level should rest with thenational standards body.
7.6  Coordination of standardization activity between regional standards
organizations and national standards bodies outside the region in question
should be organized under the responsibility of these bodies in consultation
with the international standards organization in which membership is
common.
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