WORLD TRADE RESTRICTED WT/ACC/RUS/25 1 May 1998 ORGANIZATION (98-1760) Working Party on the Original: English Accession of the Russian Federation ACCESSION OF THE RUSSIAN FEDERATION Additional Questions and Replies The Permanent Mission of the Russian Federation has submitted replies to questions concerning technical barriers to trade and sanitary and phytosanitary measures raised after the meeting of the Working Party held on 9-11 December 1997, with the request that they be circulated to the Members of the Working Party. The annexes referred to herein will be circulated as document WT/ACC/SPEC/RUS/8. The questions and replies are reproduced hereunder. _______________ WT/ACC/RUS/25 Page 2 I. Technical Barriers to Trade (TBT) Question 1. We appreciate the additional information provided by the Russian authorities. From the documentation presented, it appears that the following issues should be addressed and resolved by the Russian authorities to bring practices into line with the provisions of the WTO Agreement on Technical Barriers to Trade and other relevant WTO provisions: - the Russian Government currently does not have in place a well-defined and transparent set of procedures to ensure that both local and foreign businesses can understand and comply with applicable standards, technical regulations and conformity assessment procedures. These are fundamental “due process” procedures ranging from issues such as prior notification and comment to creating an appropriate and routine administrative procedure for handling requests for information; - Russian ministries and agencies do not appear to exercise any oversight to ensure that the development and application of standards, technical regulations and conformity assessment procedures are not used as protectionist tools or to create unnecessary barriers to trade. For example, consumer protection, IPR protection are valid considerations, but the means to address these issues is not best addressed via standards; - there does not appear to be a systematic approach to questions of product safety, quality and regulatory objectives, or one that is equally applied to domestic and imported goods. While we appreciate that new legislation is being drafted, what steps are being taken now by Russia to address these major divergences from WTO requirements? Answer For these purposes, the Russian State Committee for Standards is currently implementing, in conjunction with ministries and agencies, the Programme of Actions to be Taken to Ensure Full Compliance with the WTO Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures which has been approved by the Governmental Commission of the Russian Federation on WTO Issues (see Annex 1, document WT/ACC/SPEC/RUS/8). Transparency and Institutional Arrangements Question 2. The TBT Agreement is very precise on transparency requirements with respect to draft technical regulations, standards and conformity assessment procedures. The question has focused on the need to allow time between the adoption of a final regulation and its entry into force. Russia indicates that beginning in 1998, “announcements” of its monthly “Standard Information Index of Annual Programme of Standards Development” will be sent to the ISO/IEC Information Centre. Under Annex 3 of the TBT Agreement, with respect to voluntary (non-mandatory) standards, standardizing bodies are expected to publish a work programme at least every six months of standards under development and those recently adopted (paragraph J). In addition, public notice is to be given and at least 60 days for comment on draft standards (paragraph L). WT/ACC/RUS/25 Page 3 - Is the “Standard Information Index” the type of work programme foreseen under paragraph J of the Code of Good Practice? Or paragraph L? Is it limited to non-mandatory standards? Whether a standard or technical regulation, this would be among the procedural steps necessary to meet the obligations under Annex 3 and Article 2, respectively. RF 869/1575 provides that "... the State Committee of the Russian Federation on Standardization, Metrology and Certification, as agreed with interested federal bodies of an executive authority, should ratify, in a month's time [from July 1997], a State standard, establishing the general requirements to the information on foodstuffs". The State standard itself (RF 51074) contains language identifying it as mandatory (page 1, end of third paragraph). In our opinion this is a “technical regulation” and the obligations under Article 2.5 (rather than Annex 3) would apply to this case (and also to the prospective non-food labelling standard). Russia’s response, however, implies they view it as a "voluntary standard" since they indicate announcements will be transmitted to the ISO/IEC Information Centre. Russia indicates that GOST R-51074, “Foodstuffs Products. Information for Consumer. General Requirements” was adopted by GOSSTANDART on 17 July 1997. - Was the adoption of GOST R-51074 preceded by a public announcement of an opportunity to make comments on it while still in draft, and provision made for these comments to be considered before adopting a final version? - If there was no provision for public comment as stated above, what steps will Russia take in order to fulfil this obligation as a WTO Member? - Will there be public notice of a draft and an opportunity provided for public comments to be considered before a final draft is developed for the general requirements for information on non-food products (pursuant to Resolution No. 1037)? Will compliance with this GOST R be mandatory? Russia indicates in response 6 that the “preliminary publication principle concerning regulatory acts which are adopted at a higher level may receive legal formalization in a new Federal Law ‘On Technical Barriers to Trade’ which is currently being drafted”. We would be interested in further clarification of this point (i.e., the question is whether a rule falls within the definition of standard, technical regulation, conformity assessment procedure, etc.; it is unclear what is meant by “higher level” adoption and whether that matters in any event). We would be interested in detailed information on the contents of the anticipated law. Answer The Information Index of Standards (IIS) is an information publication which, together with information on newly adopted standards and amendments to existing standards, publishes the texts of certain important regulations and legislation in the field of standardization and certification and plans/work programmes foreseen under paragraph J of the Code of Good Practice of new standard development. It is not limited to non-mandatory standards. GOST R 51074-97 for information on foodstuffs was developed using a wide range of specialists of various organizations teamed up in a working group. Before the standard was adopted, it had been reviewed by the authorities concerned. WT/ACC/RUS/25 Page 4 Upon Russia's accession to the WTO, notices of any draft standards together with documents containing mandatory requirements will be published in accordance with WTO requirements. As concerns the State standard for consumer information on non-food products (GOST R 51121-97), a direction to draw up such a standard was contained in Resolution No. 1037 of the Russian Federation Government, dated 15 August 1997, whose text was published in the mass media. Question 3. Concerning the response to question 21 in document WT/ACC/RUS/23: We appreciate the information provided in answer 21, but we still would like to know if the Russian delegation could identify the specific location of notices which will be required to be published under, for example, Articles 2.9.1 for proposed technical regulations and 5.6.1 for proposed mandatory conformity assessment procedures, and as foreseen under Article 10.1.5? Answer Notices of the development of technical regulations and mandatory conformity assessment procedures are to be published in Vestnik Gosstandarta Rossii (Bulletin of the Russian State Committee for Standards). Question 4. Concerning the response to question 22 in document WT/ACC/RUS/23, it is welcome to note that it is currently common “practice” in Russian standards development and rule-making processes to allow for comments from interested parties. It remains unclear whether under current practice such processes would include the submission and consideration of written comments by interested parties located in other countries (which would likely not be available for direct dialogue). This is particularly true if the submission of comments is contingent upon actual delivery of the document to a potential respondent, rather than publication as foreseen in the TBT Agreement, as implied by the last paragraph in the answer to question 22. Answer The national practice of drafting standards and technical regulations allows for submission of written comments by concerned parties, including WTO Members, as well as their further review and inclusion in the draft documents. Question 5. It is clear that given the current absence of official legal or administrative procedures for submitting comments to the federal administration, actions will need to be taken in order to ensure compliance with the WTO TBT transparency obligations. Will this situation be addressed in the new Federal Law "On Technical Barriers to Trade" which is currently being drafted? Answer The draft Federal Law "On Technical Barriers to Trade" reflects this situation. Article 6 contains provisions