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State of Play: NTBs in NAMA. Workshop for African Group Countries: WTO NAMA Negotiations on NTBs 12-14 April 2010. Sanitary and phytosanitary Technical barriers to trade PSI and other formalities Price control or price-related measures Licenses, quotas, prohibitions

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State of Play: NTBs in NAMA

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State of Play: NTBs in NAMA

Workshop for African Group Countries: WTO NAMA Negotiations on NTBs

12-14 April 2010

Sanitary and phytosanitary

Technical barriers to trade

PSI and other formalities

Price control or price-related measures

Licenses, quotas, prohibitions

Charges, taxes, para-tariffs

Finance measures

Anti-competitive measures

Trade-related investment measures

Distribution restrictions

Restrictions on post-service sales


Procurement restrictions

A broad range of interventions

Definitions: Two Challenges

NTBs are defined negatively: Any measure with a trade effect that is not a tariff

Challenge 1 - design and content:

  • Legitimate public policy

  • Legitimate public policy spiced with protection

  • Protection

    Challenge 2 – application of measures

  • Efficient, least cost administration of public policy

  • Excessive dead-weight costs, inefficient or deliberately cost-augmenting administration

NAMA – NTBs: Sequence of main events

2002/2003→ Generic proposals by Participants

Apr. 2003→ Overview of neg. proposals submitted, NTBs

Jan. 2003→1st Notification exercise

Aug. 2003→ Chair’s Draft Elements for Modalities, including NTBs

Oct. 2003→2nd Notification exercise

2004/2005→ Review and classification of notifications Where should the notified NTBs be negotiated?


2005 → Hong Kong:

bilateral, vertical and horizontal approaches

NTBs are being addressed in other for a, including negotiating groups

Need for specific negotiating proposals

2006/07→ 13 vertical and horizontal proposals were submitted by Participants (almost half are TBT related). Bilateral requests were also made (TN/MA/NTR/ series )

2008→ Should NTB negotiations finish with the modalities or subsequently? If the latter, then how?(TN/MA/W/103/Rev.3 P. 23-26)

2009→ Intensive technical work on the proposals (Q&A process);

Two new proposals have been received

NAMA – NTBs: Sequence of main events (cont.)

NAMA NTBs Inventory (2nd exercise)What type of measures were notified?

NAMA NTBs Inventory (2nd exercise)Which sectors faced the most measures?

NAMA NTBs Inventory (2nd exercise)Where would the Member concerned like to solve the issue?

Each Member to decide where to

tackle the NTBs of its interest

December 2008 text (TN/MA/W/103/Rev.3)Core Elements

  • Text based negotiations should continue on proposals after modalities are established. Seven “merit particular attention”

  • Aim is to finalize discussions on proposals as early as possible for their inclusion in any final package in NAMA

  • Members should pay attention to any systemic or cross-cutting issues, including those relating to the TBT Agreement, that may arise from these proposals

  • Negotiations on bilateral requests should proceed in tandem. Need to multilateralize the outcomes through inter alia incorporating them where appropriate into Part III of the schedules

Horizontal Mechanism – African Group, Canada, EU, LDCs, NAMA-11, NZ, Norway, Pakistan, CH


Chemicals – Argentina


Fireworks - China


Lighters - China


Elimination of unilateral NTBS - Cuba


Electronics – EU and Switzerland


Export taxes - EU


Textiles, Clothing, Footwear and Travel Goods – EU, Mauritius, Sri Lanka, US


Export Licensing – Japan, Chinese Taipei and US


Forestry Products in Building Construction – New Zealand


Electronic Goods - US


Remanufactured Goods – Japan, Switzerland, United States


Automotive Products - US


Automotive Products - EU


Industry-specific NTB Proposals – EU, India


Summary: Cross-Cutting

  • Horizontal proposal

  • Cuba’s generic proposal

  • Export-related policies

  • Framework for industry-specific proposals

Summary: Sector-Specific

  • Chemicals

  • Fireworks

  • Lighters

  • Remanufactured goods

  • Electronics

  • Textiles, clothing, footwear, leather goods

  • Forestry products

  • Automotive products

Some Objectives Underlying Sector-Specific Proposals

  • Internationalization of standards

  • Common standards

  • Streamlining of standards-related procedures

  • Greater recognition of national procedures

  • Avoiding duplication

  • Willingness to consult

  • Guaranteeing transparency

  • Technical assistance

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