Steps for International Standards Recognition

advertisement
The Wenlock Centre
50-52 Wharf Road
London N1 7EU
United Kingdom
tel: +44 (0)20 3246 0066
info@isealalliance.org
www.isealalliance.org
Creating a world where
ecological sustainability
and social justice
are the normal
conditions of business
Steps for International Standards Recognition
R062 Version 1.0 - July, 2006
Our legal advice shows that there is nothing within WTO rules that prevents governments from
referring exclusively to compliance with voluntary international standards within their government
procurement specifications, technical regulations or voluntary standards. In fact, governments
that reference voluntary international standards in their related technical regulations would be
presumed not to create an unnecessary obstacle to international trade.
The WTO states a preference for the use of international standards. In the TBT Agreement, a
standard is defined as one that is approved by a recognized body. However, it is not clarified
how a body becomes recognized. Criteria that may assist standard-setting organizations in
making the case for recognition as an international standardizing body include:
Basic Criteria:
>
The organization’s incorporation documents must include the power to formulate and issue
standards;
>
The organization must be international in scope. This could be shown either through the
scope of application of the standard or the geographic range of members or stakeholders;
>
The standard must be adopted by the international standardizing body and must be made
publicly available; and
>
Ideally, the organization must have a membership that does not restrict access to any group
of stakeholders, including government. If this is not possible, the organization must show that
participation in standards development and decision-making is open to all stakeholders,
including government.
Additional Criteria:
>
listing on the World Standards Services Network (WSSN) list as an international
standardizing body for a given scope;
>
compliance with the ISEAL Alliance Standard-Setting Code of Good Practice for Setting
Social and Environmental Standards, which incorporates the requirements of the TBT Annex
3 Code of Good Practice as it applies to social and environmental standards;
>
reference in an ISO Guide or National Standards Body (NSB) standard to the organization as
an international organization providing a system for standard setting;
>
reference in an ISO Guide or National Standards Body (NSB) standard to the standard as an
international basis for the development of more detailed national standards;
>
funding from relevant bodies of national governments or intergovernmental bodies;
The ISEAL Alliance is a not-for-profit company, limited by guarantee. Registered in England and Wales, company number 4625800
1 of 2
>
certification of state-owned enterprises to national (or sub-national) standards that are
compliant with the international standard; and
>
reference to the standard in technical regulations relating to national or local government
procurement specifications or other social or environmental specifications.
It should also be noted that governments are not obliged to reference a recognized international
standard in related regulations, standards or technical specifications but could choose to base
such specifications on the international standard and/or other relevant international standards, if
they were so inclined.
Once an international body has established itself as a recognized standardizing body, it is still
necessary, on a case-by-case basis, to show that the international standard is relevant to the
specific situation. WTO case law provides that a standard is relevant if it bears upon, relates to
or is pertinent to the situation.
Suggested Steps:
The following criteria are a reiteration of the suggested steps that an organization can take to
increase the likelihood that it will be recognized as an international standardizing body.
Criteria
Steps Taken
Incorporation documents include standard-setting
International scope
Standard adopted and publicly available
Open membership
Open standard development and decision-making
Listing on WSSN
Compliance with ISEAL Standard-Setting Code of
Good Practice
NSB reference to international organization
NSB reference to international standard
Government funding
Certification of state-owned enterprises
Reference in government procurement
Reference in government specifications
2 of 2
Download