[OpenID board] Adoption of Annex 3 of WTO TBT Agreement

Nat Sakimura sakimura at gmail.com
Tue May 14 22:27:42 UTC 2013


<chair hat off>

This has been in my backlog sometimes but NSTIC IDESG Standards Adoption
Criteria distributed today reminded me of this.

In WTO TBT Agreement, there is an annex describing what an standardization
organization should do. As an individual board member (not as a chairman),
I feel strongly that we should adopt it.

The procedure is in the following steps.

(1) Board approve the adoption of Annex 3 of WTO TBT Agreement
(2) Send the required information stated in clause C to ISO/IEC Information
Center in Geneva.
(3) Publish programme of work in accordance to Clause J and send it to
ISO/IEC Information Center in Geneva
(4) Participate in international standardization body, which probably means
ISO/IEC JTC1 SC27/WG5, i.e., sending liaison statement to them.

Other requirements are fulfilled as is, as I interpret.
So our new burden is really just a registration at ISO and sending a
programme of work and a liaison statement (perhaps we may need to appoint a
liaison officer as a point of contact).

I believe it is a no-brainer and we do not have to wait till the next F2F,
that we could convene a e-vote.

The proposed resolution is:

WHEREAS fostering the interoperability among the standards is a mission of
OIDF, be it
RESOLVED that OpenID Foundation Adopt Annex 3 of WTO TBT Agreement.

Annex 3: Code of Good Practice for the Preparation, Adoption and
Application of Standards* *back to
top<http://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm#top>

*General Provisions*

A.        For the purposes of this Code the definitions in Annex 1 of this
Agreement shall apply.

B.        This Code is open to acceptance by any standardizing body within
the territory of a Member of the WTO, whether a central government body, a
local government body, or a non-governmental body; to any governmental
regional standardizing body one or more members of which are Members of the
WTO; and to any non-governmental regional standardizing body one or more
members of which are situated within the territory of a Member of the WTO
(referred to in this Code collectively as “standardizing bodies” and
individually as “the standardizing body”).

C.        Standardizing bodies that have accepted or withdrawn from this
Code shall notify this fact to the ISO/IEC Information Centre in Geneva.
The notification shall include the name and address of the body concerned
and the scope of its current and expected standardization activities. The
notification may be sent either directly to the ISO/IEC Information Centre,
or through the national member body of ISO/IEC or, preferably, through the
relevant national member or international affiliate of ISONET, as
appropriate.

Annex 3: Substantive Provisions* *back to
top<http://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm#top>

D.        In respect of standards, the standardizing body shall accord
treatment to products originating in the territory of any other Member of
the WTO no less favourable than that accorded to like products of national
origin and to like products originating in any other country.

E.        The standardizing body shall ensure that standards are not
prepared, adopted or applied with a view to, or with the effect of,
creating unnecessary obstacles to international trade.

F.        Where international standards exist or their completion is
imminent, the standardizing body shall use them, or the relevant parts of
them, as a basis for the standards it develops, except where such
international standards or relevant parts would be ineffective or
inappropriate, for instance, because of an insufficient level of protection
or fundamental climatic or geographical factors or fundamental
technological problems.

G.        With a view to harmonizing standards on as wide a basis as
possible, the standardizing body shall, in an appropriate way, play a full
part, within the limits of its resources, in the preparation by relevant
international standardizing bodies of international standards regarding
subject matter for which it either has adopted, or expects to adopt,
standards. For standardizing bodies within the territory of a Member,
participation in a particular international standardization activity shall,
whenever possible, take place through one delegation representing all
standardizing bodies in the territory that have adopted, or expect to
adopt, standards for the subject matter to which the international
standardization activity relates.

H.        The standardizing body within the territory of a Member shall
make every effort to avoid duplication of, or overlap with, the work of
other standardizing bodies in the national territory or with the work of
relevant international or regional standardizing bodies. They shall also
make every effort to achieve a national consensus on the standards they
develop. Likewise the regional standardizing body shall make every effort
to avoid duplication of, or overlap with, the work of relevant
international standardizing bodies.

I.        Wherever appropriate, the standardizing body shall specify
standards based on product requirements in terms of performance rather than
design or descriptive characteristics.

J.        At least once every six months, the standardizing body shall
publish a work programme containing its name and address, the standards it
is currently preparing and the standards which it has adopted in the
preceding period. A standard is under preparation from the moment a
decision has been taken to develop a standard until that standard has been
adopted. The titles of specific draft standards shall, upon request, be
provided in English, French or Spanish. A notice of the existence of the
work programme shall be published in a national or, as the case may be,
regional publication of standardization activities.

The work programme shall for each standard indicate, in accordance with any
ISONET rules, the classification relevant to the subject matter, the stage
attained in the standards development, and the references of any
international standards taken as a basis. No later than at the time of
publication of its work programme, the standardizing body shall notify the
existence thereof to the ISO/IEC Information Centre in Geneva.

The notification shall contain the name and address of the standardizing
body, the name and issue of the publication in which the work programme is
published, the period to which the work programme applies, its price (if
any), and how and where it can be obtained. The notification may be sent
directly to the ISO/IEC Information Centre, or, preferably, through the
relevant national member or international affiliate of ISONET, as
appropriate.

K.        The national member of ISO/IEC shall make every effort to become
a member of ISONET or to appoint another body to become a member as well as
to acquire the most advanced membership type possible for the ISONET
member. Other standardizing bodies shall make every effort to associate
themselves with the ISONET member.

L.        Before adopting a standard, the standardizing body shall allow a
period of *at least 60 days* for the submission of comments on the draft
standard by interested parties within the territory of a Member of the WTO.
This period may, however, be shortened in cases where urgent problems of
safety, health or environment arise or threaten to arise. No later than at
the start of the comment period, the standardizing body shall publish a
notice announcing the period for commenting in the publication referred to
in paragraph J. Such notification shall include, as far as practicable,
whether the draft standard deviates from relevant international standards.

M.        On the request of any interested party within the territory of a
Member of the WTO, the standardizing body shall promptly provide, or
arrange to provide, a copy of a draft standard which it has submitted for
comments. Any fees charged for this service shall, apart from the real cost
of delivery, be the same for foreign and domestic parties.

N.        The standardizing body shall take into account, in the further
processing of the standard, the comments received during the period for
commenting. Comments received through standardizing bodies that have
accepted this Code of Good Practice shall, if so requested, be replied to
as promptly as possible. The reply shall include an explanation why a
deviation from relevant international standards is necessary.

O.        Once the standard has been adopted, it shall be promptly
published.

P.        On the request of any interested party within the territory of a
Member of the WTO, the standardizing body shall promptly provide, or
arrange to provide, a copy of its most recent work programme or of a
standard which it produced. Any fees charged for this service shall, apart
from the real cost of delivery, be the same for foreign and domestic
parties.

Q.        The standardizing body shall afford sympathetic consideration to,
and adequate opportunity for, consultation regarding representations with
respect to the operation of this Code presented by standardizing bodies
that have accepted this Code of Good Practice. It shall make an objective
effort to solve any complaints.

http://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm
-- 
Nat Sakimura (=nat)
Chairman, OpenID Foundation
http://nat.sakimura.org/
@_nat_en
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