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Technical Barriers to Trade

What are Technical Barriers to Trade?

Governments have a right to regulate for legitimate purposes that are to protect inter alia, the national security, the protection of human life, health and safety, the protection of animal or plant life and health, the protection of the environment and the prevention of deceptive practices. Regulations should not cause unnecessary barrier to international trade. When standards, technical regulations and conformity assessment procedures cause barriers to trade it can be seen as a technical barrier to trade.

The World Trade Organisation (WTO) has a multilateral trade agreement on Technical Barriers to Trade (TBT) that provides provisions to Members on how to deal with standards, technical regulations and conformity assessment procedures to prevent technical barriers. The Department of Trade and Industry (the dti) is responsible for South Africa's participation in the WTO and ensures compliance with TBT rights and obligations domestically through the South African Interdepartmental Coordination and Advisory Committee on TBT.

South African TBT Webpage

The South African Interdepartmental Coordination and Advisory Committee on TBT are co-chaired by the dti Market Access Unit and the dti Technical Infrastructure Unit.

the dti Market Access Unit

the dti (Market access unit) has the responsibility for market access related trade negotiations and the South African implementation of the World Trade Organisation (WTO) Technical Barrier to Trade (TBT) Agreement, and therefore ensures that the obligations under the TBT Agreement are fulfilled.

the dti's contact details for WTO TBT matters are as follows:

The Director: Market Access
Trade Negotiations
International Trade and Economic Development Division
Department of Trade and Industry
Private Bag X84
Pretoria
0001
South Africa
Website: www.thedti.gov.za
Tel.: +27 12 394 9500
Fax: +27 12 394 9501
E-mail: TBT@thedti.gov.za

the dti (Technical Infrastructure Unit)

the dti Technical Infrastructure Unit ensures that South Africa's technical infrastructure meets with domestic, regional and international market demands, complies with international standards, technical regulations and best practices. The unit is responsible for policy development and strategic direction in area of technical infrastructure by closely working with the Technical Infrastructure entities namely SANAS, SABS, NRCS and NMISA.

The Technical Infrastructure entities

South African National Accreditation System (SANAS)

SANAS is South Africa's sole national accreditation body, responsible for carrying out accreditations in respect of conformity assessment, as mandated through the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act (Act 19 of 2006). Its primary role is to provide an internationally recognised and effective accreditation system, and to give formal recognition that laboratories, certification bodies, inspection bodies, proficiency testing scheme providers and good laboratory practice (GLP) test facilities are competent to carry out specific tasks.

National Regulator for Compulsory Specifications (NRCS)

NRCS was established in accordance with the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008). The legislative mandate of the NRCS is derived from the following: The National Regulator for Compulsory Specifications Act, (Act no. 5 of 2008), The Legal Metrology Act, (Act No. 9 of 2014 ), The National Building Regulations and Building Standards Act, (Act No. 103 of 1977). It administers compulsory specifications and other technical regulations on behalf of the dti to protect human health and safety as well as the environment, and ensure fair trade in accordance with government policies and guidelines

National Metrology Institute of South Africa (NMISA)

NMISA operates in accordance with the Measurement Units and Measurement Standards Act, 2006 (Act No. 18 of 2006). It is responsible for aligning the national measurement system with the international measurement system.

South African Bureau of Standards (SABS)

The SABS is a statutory body that was established in terms of the Standards Act, 1945 (Act No. 24 of 1945), and continues to operate in terms of the latest edition of the Standards Act, 2008 (Act No. 8 of 2008). The products and services offered by the SABS facilitate trade with foreign markets, and provide South Africa with standards and conformity assessment to ensure the safety and functionality of goods and services.

WTO TBT Enquiry Point

The Economic Impact and Intellectual Property Department, (formerly the Standards Information Centre) at the South African Bureau of Standards has been appointed as the WTO TBT Enquiry Point in South Africa by the Department of Trade and Industry.

The WTO TBT Enquiry Point is responsible for the functions of an enquiry point as decided by the TBT Committee and serves as the focal point for disseminating information to concerned regulatory departments and authorities on South Africa's obligations under the TBT Agreement.

The South African WTO TBT Enquiry point contact details are as follows:

The South African WTO/TBT Enquiry Point:
ECONOMIC IMPACT & IP Department
South African Bureau of Standards (SABS)
1 Dr Lategan Road, Groenkloof
Private Bag X191
Pretoria
0001
South Africa
Website: www.sabs.co.za
Tel.: +27 12 428 6229
E-mail: wto@sabs.co.za

Contact person:
Ms. Dineo Hexana
Tel: + 27 12 428 6229
E-Mail: wto@sabs.co.za

NRCS R&D Regulatory Activity Matrix

Many Government departments have mandates and legislation that they enforce via technical regulations or compulsory specifications. These regulatory overlaps often result in areas of uncertainty and confusion for stakeholders. Inefficiencies in the current operating environment have been regularly identified especially when market failures are communicated to a regulator by industry associations and/or consumer organisations as well as when Government departments request a particular regulator to develop a technical regulation. The NRCS R&D Regulatory Activity Matrix is a valuable tool, especially when a request is received for a new technical regulation/compulsory specification to be drawn up. In executing a feasibility study for the development of a technical regulation, insight in current regulatory regimes are required in order to identify possible regulatory mandate overlaps and conflicts that may arise. The information required is easily accessible from the regulatory matrix and will assist Government departments and regulators alike to interact pro-actively with their appropriate counterparts and avoid overlap and conflict by clearly defining the role-players and responsibilities. Access to accurate information will ensure smooth functioning of workflow and avoid unnecessary delays due to unclear roles. Consumers using the regulatory matrix will be well informed on whom to approach and this will positively impact on service delivery.

Disclaimer

While every reasonable effort is made to maintain current and accurate information on this site, the dti accepts no responsibility for any errors or omissions on these pages or any site to which the site pages link, or for direct or indirect damage as a result of the usage or quoting the content on the site or the information delivered or not delivered. Where appropriate, external links have been provided for the user's convenience; the dti is not responsible for the content or reliability of linked websites and does not necessarily endorse the view expressed within them. Listing shall not be taken as endorsement of any kind. the dti cannot guarantee that these links will work all of the time and has no control over the availability of the linked sites or pages. The use of the content of this website is at the user's own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. Any communications or data message that a user sends to the dti will be regarded having been received by the dti when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with the dti. the dti shall not be liable for any failure to respond.