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