RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/NPL/5
12 April 2000
(00-1469)
Working Party on the
Accession of NepalOriginal:  English
ACCESSION OF THE KINGDOM OF NEPAL
Checklist of Illustrative Technical Barriers to Trade (TBT)
Issues for Consideration in Accessions
The following Checklist of Illustrative TBT I ssues has been received from the Ministry of
Commerce of the Kingdom of Nepal, with the request that it be circulated to Working Party members.
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Page 2
Commitments
(by the time of  accession)WTO Reference Domestic Provision
1. Standstill: the introduction of
new standards, technicalregulations and conformity
assessment procedures should
be fully compatible with theTBT Agreement1. Generally agreed principal in
WTO accession negotiations1. Membership of ISO ensures
this. Nepal does not requireraising of TBT in view of tariff
flexibility.
2. Submission of Statement on
Implementation2. Article 15.2 and TBT
Committee Decision(G/TBT/1)2. Nepal will ensure the
implementation andadministration of WTOAgreement because of her
membership of ISO and will
inform the Committee ofMeasures accordingly throughthe normal notificationprocedures of TBT Agreement.
3. Establishment and operation of
a single Contact Point forInformation ("inquiry point")3. Article 10 3. Nepal Bureau of Standards
under Section 5 of NepalStandards (Certification Mark)Act, 1980 will be given statusof an Enquiry Point asenvisaged in the TBT
Agreement.
4. Identification of authority
responsible for notifications,publications and other internalprocedures to ensure
transparency obligations are
met on an ongoing basis:4. Articles 2, 3, 5, 7, 10, 15.2,
Annex 3 and G/TBT/14. Sections 4, 5, 10, 11 of Nepal
Standards (Certification Mark)Act, 1980 and Sections 2(a),2(k2), 2(k3), 2A(2)(a), 3(2),
4(2), 8B(1), 8B(2), 8B(3), 14,
15(2), 21, 24 of StandardWeight and Measures Act,1968. Nepal Standards(Certification Mark) Act, 1980
and Standard Weights and
Measures Act, 1968 follow theinternational standards for bothdomestic and imported goods.As such the question ofdiscrimination or denial of
national treatment does not
arise.WT/ACC/NPL/5
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Commitments
(by the time of  accession)WTO Reference Domestic Provision
(a) identification of publication
where notices of proposedtechnical regulations andconformity assessmentprocedures will appear;(a) Articles 2.9.1, 3.1, 5.6.1, 7.1,
10.1.5(a) Standards are notified in the
Nepal Gazette.
- Conformity is ensured;
provisions of domestic lawsare equally effective to localgovernment (bodies) and non-
governmental bodies.
- Nepal Bureau of Standards
will be declared (identified) asa enquiry point and it willprovide the documentsregarding the location of
notices or the provision of
information as to where suchinformation can be obtained.
(b) identification of authority
responsible for makingnotifications to the WTO;(b) Article 2.9.2, 2.10., 3.2, 3.3,
5.6.2, 5.7.1, 7.2, 7.3, 10.7,10.10(b) Nepal Bureau of Standards will
be responsible for managingnotification producers.Authority responsible for
making notifications to the
WTO will be declared.
(c) guidance/law to ensure
regulatory authorities affordnon-discriminatoryconsideration of comments inthe preparation of a final
regulation;(c) Articles 2.9.4, 2.10.3, 3.15 3.3,
5.6.4, 5.7.3, 7.1, 7.3(c)This is ensured by following
ISO and having single set ofregulation for domestic andimported goods for the entirecountry. Firms are free to offer
comments irrespective of their
domicile.
(d) guidance/law to ensure
regulatory authorities allow areasonable period of timebetween the final publicationof a technical regulation and
conformity assessment
procedure and its entry intoforce so that suppliers canadapt;(d) Articles 2.11, 2.12, 3.1, 5.8,
5.9, 7.1(d) A reasonable period of time
between the final publicationof a technical regulation andconformity assessmentprocedure and its entry into
force will be ensured.
(e) publication and notification of
work programme for standardsand non-governmental
conformity assessment
procedures, includingpublication of notices of draftstandards and an opportunityfor public comment.(e) Article 4, Annex 3 (J, K, L, N,
0);  Article 8.1(e) Publication and notification of
Work Programme for standardsand non-governmental
conformity assessment
procedures, includingpublication of notices of draftstandards and an opportunityfor public comment will bemade.WT/ACC/NPL/5
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Commitments
(by the time of  accession)WTO Reference Domestic Provision
5. Development and
Application of TechnicalRegulations and ConformityAssessment Procedures:Existence of legal and/oradministrative underpinnings
(or reasonable measures" as
appropriate) to ensureongoing compliance withprovisions of the agreementconcerning, in particular:5. Articles 2, 3, 5, 6, 7 Sections 3, 4(1)(b), 4(1)(c), 5, 10,
11, 18, 19(2)(a) of NepalStandards (Certification Mark)Act, 1980.
(a) non-discrimination with
respect to the treatment of
products;(a) Articles 2.1, 3.1, 5.1, 5.2, 7.1 (a) The treatment of products
under Nepal Standards
(Certification Mark) Act,
1980 and Standard Weightsand Measures Act, 1968 forboth domestic and importedproducts is the same.
(b) the prohibition of unnecessary
obstacles to international
trade and the consideration of
less trade-restrictivealternatives to fulfillinglegitimate objectives;(b) Articles 2.2, 3.1, 5.1, 5.2, 7.1 (b) - Sections 11, 4(c) of Nepal
Standards (Certification
Mark) Act, 1980.
- There is no provision of
unnecessary obstacles tointernational trade underNepal Standards(Certification Mark) Act,
1980 and Standard
Weights and MeasuresAct, 1968.
(c) the ongoing review of
technical regulations to ensurethey are appropriate toachieve the desired legitimate
objective;(c) Article 2.3, 3.1, 7.1 (c) Technical regulations are
appropriate to achieve thedesired legitimate objectiveunder Nepal Standards
(Certification Mark) Act,
1980 (Sections 4(1)(b), 10,11).WT/ACC/NPL/5
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Commitments
(by the time of  accession)WTO Reference Domestic Provision
(d) the consideration of
appropriate internationalstandards, guides andrecommendations as a basisfor technical regulations andconformity assessment
procedures;(d) Article 2.4, 3.1, 5.4, 7.1 (d) - Sections 3, 4(1)(a), 4(1)(b),
10, 11, 18, 19(2)(a) ofNepal Standards(Certification Mark) Act,1980.
- Provisions of Nepal
Standards (Certification
Mark) Act, 1980 andStandard Weights andMeasures Act, 1968 haveallowed authority toconsider and adopt
appropriate international
standards, guides andrecommendations as a basisfor technical regulationsand conformity assessment
procedures.
(e) the consideration of
equivalent technical
regulations of other Members;(e) Article 2.7, 3.1, 7.1 (e) Section 4(1)(b) of Nepal
Standards (Certification
Mark) Act, 1980.
(f) the acceptance of the results
of conformity assessmentprocedures conducted bybodies in an exportingMember country;(f) Article 6, 7.1 (f) Sections 4(1)(b), 11(1) of
Nepal Standards (CertificationMark) Act, 1980.
(g) non-discriminatory and cost-
based fee structure.(g) Article 5.2, 7.1, 10.4 (g) Though there is no provision
which mandates
discrimination, or cost-basedfee structure, cost is borne bystate
6. Development and Application
of Standards and ConformityAssessment Procedures:Existence of legal and/or
administrative underpinnings
(or " reasonable measures" asappropriate) to ensure ongoingcompliance with provisions ofthe agreement concerning, in
particular:6. Article 4 and Annex 3,
Article 86. Sections 3, 4(1)(b), 5, 10, 11,
18, 19(2)(a) of NepalStandards (Certification Mark)Act, 1980.
(a) non-discrimination with
respect to the treatment of
products;(a) Annex 3 (D), Article 8.1 (a) There is no provision of
discrimination with respect to
the treatment of products underNepal Standards (CertificationMark) Act, 1980 and StandardWeights and Measures Act,
1968.WT/ACC/NPL/5
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Commitments
(by the time of  accession)WTO Reference Domestic Provision
(b) the prohibition of unnecessary
obstacles to international trade;(b) Annex 3 (E), Article 8.1 (b) Sections 10, 11 of Nepal
Standards (Certification Mark)Act, 1980.
(c) the consideration of
appropriate internationalstandards, guides andrecommendations as a basis for
standards;(c) Annex 3 (F), Article 8.1 (c) Sections 3, 4(1)(b), 18,
19(2)(a) of Nepal Standards(Certification Mark) Act, 1980.The said Act does not allow
consideration of standards,
other than internationalstandards.
(d) non-discriminatory and cost-
based fee structure.(d) Annex 3 (M), Annex 3 (P),
Articles 8.1, 10.4(d) Non-discriminatory treatment
is ensured by having one set ofregulations for all firms.
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