Bridges Weekly Trade News DigestVolume 7Number 25 • 10th July 2003

TBT Committee Considers Proposed EU Chemical Legislation


Meeting on 2 July, the WTO Committee on Technical Barriers to Trade (TBT) discussed, inter alia, draft EC chemical legislation, EC wine labelling requirements and US bioterrorism legislation.

EU chemical legislation

The EU submitted information on its draft chemical legislation to the TBT in late May (G/TBT/W/208, available at http://docsonline.wto.org). The European Commission released the draft legislation on 7 May (see BRIDGES Weekly, 14 May 2003), and it is now undergoing an internet consultation. At the TBT meeting the US, Australia, Mexico, Japan, China, Malaysia, Korea, Ecuador and Australia asked why the EU had not submitted a proper notification on its draft legislation. The EU said that the internet consultation was set to conclude on 10 July, and a proper notification would be circulated subsequently. The countries also outlined a number of concerns relating to the legislation, including its complexity and cost of compliance. Some Members questioned why the EU was taking a unilateral approach on this issue, as work was ongoing under the OECD to create harmonised principles on chemicals.

EU wine labelling

Members again discussed an EC Directive on new rules for wine labelling, originally submitted in June 2002 (G/TBT/N/EEC/15). The US, Mexico, New Zealand, Argentina and Brazil — all new-world wine producers — expressed concern about the proposed regulation, which would tighten rules around the use of terms such as ‘chateau’ for wine sold in the EU, complicating export to the EU. They felt that they EU had not adequately responded to their questions, and suggested that the EU delay the implementation of the regulation or completely withdraw it. The EU responded that it already had postponed the implementation from 1 January 2003 to 1 July, and noted that there would be a transition period until next February, during which both old and new labels would be allowed.

US bioterrorism act

Several Members expressed their concern over a proposed US act on bioterrorism. Under the US Registration of Food Facilities Public Health Security and Bioterrorism Preparedness and Response Act would require domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the US to register with the US Food and Drug Administration (FDA) by 12 December 2003. The rationale behind the legislation was to allow the US to react quickly to a terrorist attack on the US food supply chain, as well in cases of food-borne illnesses. Mexico, the EC, Australia, Brazil, Indonesia, Malaysia, Switzerland, China, Argentina and Ecuador noted that the proposed legislation was unnecessarily trade restrictive. The US, which had notified the TBT Committee about the act in February this year, said it had received 500 written comments, which it was currently reviewing. The act would enter into force in December 2003.

The next meeting of the TBT Committee is scheduled for 21-22 October.

ICTSD reporting.