Chinese Measures and Trade Concerns Discussed at the June 2021 TBT Committee Meeting

Simon Lester -

At the meeting of the WTO’s Committee on Technical Barriers to Trade held on June 2-4 and 9, 2021, a number of WTO Members raised “specific trade concerns” about particular Chinese measures, and China voiced its concerns with measures of other Members. The official minutes of that meeting are now available in WTO document G/TBT/M/84.

Several previously raised specific trade concerns related to Chinese measures were discussed further:

  • Requirements for information security products, including, inter alia, the Office of State Commercial Cryptography Administration (OSCCA) 1999 Regulation on commercial encryption products and its on-going revision and the Multi-Level Protection Scheme (MLPS)
  • Cyberspace Administration of China – Draft implementing measures for the Cybersecurity Review of Network Products and Services
  • Commercial Cryptography Administrative Regulations
  • Cosmetics Supervision and Administration Regulation and Regulation for Notification of Non-special Cosmetics
  • Draft Administrative Measures for Registration of Overseas Producers of Imported Foods
  • Regulations for the Supervision and Administration of Medical Devices (Order No. 650 of the State Council)
  • Registration Fees for Drugs and Medical Device Products
  • Cybersecurity Law
  • Encryption Law of the People's Republic of China by the Office of State Commercial Cryptography Administration (OSCCA)

For each of these measures, the minutes record the discussion by the Members and provide insights about which Members have concerns and what exactly those concerns are.

In addition, China made comments on some of the measures of other Members that were raised as specific trade concerns, including the following:

  • European Union - Draft EU Batteries Regulation (implementation of the European Green Deal)
  • European Union - The specific test procedures and technical requirements for the type-approval of motor vehicles with regard to the driver drowsiness and attention warning systems
  • European Union - Uniform procedures and technical specifications for the type-approval of motor vehicles with regard to their emergency lane keeping system (ELKS)
  • India - Air Conditioner and its related Parts (Quality Control) Order, 2019
  • France - New legislative requirements about index of repairability of electrical and electronic equipment
  • United States - Energy Conservation Program: Energy conservation standards for residential dishwashers
  • United States - Appliance Efficiency for Sprinkler Bodies