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ANNEX 3
CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND
APPLICATION OF STANDARDS
General Provisions
A. For the purposes of this Code the definitions in Annex 1 of this Agreement shall
apply.
B. This Code is open to acceptance by any standardizing body within the territory 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 or more members of which are situated within the
territory of a Member of the WTO (referred to in this Code collectively as "standardizing
bodies" and individually as "the standardizing body").
C. Standardizing bodies that have accepted or withdrawn from this Code shall
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.
SUBSTANTIVE PROVISIONS
D. In respect of standards, the standardizing 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 to like products originating in
any other country.
E. The standardizing body shall ensure that standards are not prepared, adopted or
applied with a view to, or with the effect of, creating unnecessary obstacles to
international trade.
F. Where international standards exist or their completion is imminent, the
standardizing body shall use them, or the relevant parts of them, as a basis for 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.
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 the limits 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.
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H. The standardizing body within the territory of a Member shall make every 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 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.
J. At least once every six months, the standardizing body shall publish a work
programme containing its name and address, the standards it is currently 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 shall be 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 classification 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.
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 the ISONET member. Other standardizing
bodies shall make every effort to associate themselves with the ISONET member.
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 by interested
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 in paragraph 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 Member of 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 foreign and domestic parties.
N. The standardizing body shall take into account, in the further processing of the
standard, the comments received during the period for commenting. Comments
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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.
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 cost of delivery, be the same for foreign and
domestic parties.
Q. The standardizing body shall afford sympathetic consideration to, and adequate
opportunity for, consultation regarding representations with respect 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.