Proposal for the implementation of a ntms evaluation system in Colombia

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( Li cenci a d e uso) Bogot á, D.C., AAAYO 28 DE 2014_

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Bi bl i ot eca Al f onso Bor r er o Cabal S.J. Pont i f i ci a Universidad Javenana Cuidad

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MARÍA CAMILA GARCÍA , con C.C. No 1 • 0 2 0 . 7 4 3 . 9 00

, con C.C. No , con C.C. No En m i (nuest r a) cal i dad de aut or (es) excl usi vo (s) de l a obr a t i t ul ad a:

PROPOSAL FOR THE IMPLEAAENTATION OF A NTAtó EVALUATION SYSTEM IN COLOMBIA

Tesis doct or al cual :

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áni mo de l ucr o ni de comer ci al i zaci ón.

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De conf or mi dad con l o est abl eci do en e l ar t ícul o 30 de l a Ley 23 de 1982 y e l ar t ícul o 11 de l a Deci si ón Andina 351 de 1993,zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA "Los der echos mor al es sobr e el t r abaj o son pr opi edad de l os aut or es", los cual es son i r r enunci abl es, i m pr escr i pt i bl es, i nembar gabl es e i nal i enabl es. En consecuencia, la Pont i f i ci a Universidad Javeriana est á en la obl i gadón de RESPETARLOS Y HACERLOS RESPETAR, para l o cual t omar á las medidas cor r espondi ent es para gar ant i zar su obser vanci a.

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TÍTULO COMPLETO DE LA TESIS DOCTORAL O TRABAJO DE GRADO

PROPOSAL FOR THE IMPLEMENTATION OF A NTMS EVALUATION SYSTEM IN COLOMBIA

SUBTÍTULO, SI LO TIENE

AUTOR O AUTORES

Apellidos Complet os Nombres Complet os

GARCIA JIMENEZ MARÍA CAMILA

DIRECTOR (ES) TESIS O DEL TRABAJO DE GRADO

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DE LA CADENA ANDRÉS

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DESCRIPTORES O PALABRAS CLAVE EN ESPAÑOL E INGLÉS

Son los t érminos que def inen los t emas que ident if ican el cont enido. (En caso de duda par a designar est os descr i pt or es, se r ecomi enda consul t ar con l a Secci ón de Desar r ol l o de Col ecci ones de l a Bi bl i ot eca Alf onso Borrero Cabal S.J en el cor r eo bi bl i ot eca@j aver i ana. edu. co, donde se l es or ient ar á).

ESPAÑOL INGLÉS

Medidas no Arancelarias Non Tariff Measures

Evaluación de Impacto Regulatory Impact Assessment

Reforma regulatoria Regulatory Reform

Comercio Internacional International Trade

RESUMEN DEL CONTENIDO EN ESPAÑOL E INGLÉS

(Máximo 250 palabras - 1530 caract eres)

Las Medidas No Arancelarias (MNAs) se han convertido en el instrumento de política comercial preferido de los gobiernos para afrontar temas de interés público y para disfrazar intenciones proteccionistas al imponerlas como barreras al comercio. En la última década la aplicación de MNAs ha exhibido un aumento significativo, pudiendo considerarse como una señal de cómo los esfuerzos proteccionistas pasaron de los aranceles a la adopción de MNAs. Esta situación ha llevado a que los organismos internacionales se enfoquen en promover agendas de racionalización del uso de estas medidas para garantizar que estén protegiendo obj etivos legítimos reconocidos por la comunidad internacional. Una forma de garantizarlo es a través de la introducción de sistemas de evaluación regulatoria para evaluar los posibles efectos de las MNAs antes que sean expedidas.

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PROPOSAL FOR THE IMPLEMENTATION OF A NTMS

EVALUATON SYSTEM IN COLOMBIA

MARÍA CAMILA GARCÍA JIMÉNEZ

Director:

ANDRÉS DE LA CADENA

PONTIFICIA UNIVERSIDAD JAVERIANA

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ABSTRACT

NTMs have become the preferred tool for policy-makers to address issues of public interest, but

also to establish disguise barriers to trade and protect their domestic industries. In the last decade

the application of NTMs has shown a significant increase, which could be a signal of how

protectionist efforts have passed from the application of tariffs to the adoption of NTMs. This

situation has lead international organizations to promote NTMs-streamlining agendas in order to

guarantee that when applied, those measures are in fact pursuing legitimate objectives

recognized by the international community. A way to ensure such effort is by introducing

regulatory impact assessment (RIA) in the regulatory systems to evaluate the possible effects of

the application of a NTM before introducing it to the legislation. This paper proposes a toolkit

for the adoption of RIA in the process of creation of NTMs, for the government to assure that

they would not impose barriers to trade and would support economic, social and environmental

welfare.

Key words: NTMs, RIA, regulatory reform, international trade.

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CONTENTS  

INTRODUCTION ... 9 

CHAPTER 1 – DEFINITION, CLASSIFICATION AND IMPACT OF THE NTMs ... 12 

1.1.  Definition of NTMs ... 12 

1.2.  Classification ... 14 

1.3.  Data analysis ... 16 

1.3.1.  Frequency index and coverage ratios ... 17 

1.3.2.  Degree of regulation ... 20 

1.3.3.  NTMs and Tariffs... 22 

CHAPTER 2 – COLOMBIA’S CONTEXT REGARDING NTMs ... 25 

2.1.  Colombia’s regulatory system on trade policies ... 25 

2.1  Issuing agencies and main NTMs ... 26 

2.1.1  I-TIP database ... 26 

2.1.2.  WITS ... 27 

2.1.3.  Data analysis ... 28 

2.2.  Disputes raised against Colombia ... 38 

2.3.  Final remarks ... 42 

3. IMPACT EVALUATION ... 44 

3.1.  Principles for regulatory reform ... 44 

3.1.1.  Recommendation of the Council on Regulatory Policy and Governance ... 46 

3.1.2.  Colombia’s evaluation recommendations by the OECD ... 52 

3.2.  Existing evaluation methods ... 54 

3.2.1.  Methods used for the evaluation of the cost of the problem ... 55 

CHAPTER 4 – PROPOSED TOOLKIT FOR IMPACT EVALUTION ON NTMS ... 59 

4.1.  Present status on RIA systems’ implementation ... 60 

4.2.  Location of the Evaluation Team ... 61 

4.3.  Evaluation Team functions ... 66 

4.4.  RIA system stages... 68 

4.4.1.  Stakeholder’s input ... 69 

4.4.2.  Regulatory Agency’s input ... 72 

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4.4.4.   Recommendations ... 79 

4.4.5.  Ex post evaluations ... 81 

4.5.   Final remarks ... 82 

CONCLUSIONS ... 84 

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ABBREVIATIONS

AD Anti-Dumping

AVE Ad-valorem equivalent

FTA Free Trade Agreement

FAO Food and Agriculture Organization of the United Nations

GATT General Agreement on Tariffs and Trade

GMO Genetically modified organisms

GNTB Group of Eminent Persons on Non-Tariff Barriers

ICA Colombian Agricultural Institute

IMF International Monetary Fund

INDUMIL Colombian Military Industry

INM National Institute of Metrology

INVIMA Institute for the Surveillance of Foods and Drugs

ITC International Trade Center

I-TIP Integrated Trade Intelligence Portal

MNT Non-Tariff Measure

MCIT Ministry of Commerce, Industry and Tourism

MAST Multi-Agency Support Team

NGO Non-Governmental Organization

NTB Non-tariff Barrier

NTM Non-tariff Measure

OECD Organization for Economic Co-operation and Development

PSI Pre-shipment Inspection

QALY Quality-adjusted life years

RIA Regulatory Impact Assessment

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SNC National Quality System

SPS Sanitary and Phytosanitary

SIC Supervisory Authority for Industry and Trade

TBT Technical Barriers to Trade

TRAINS Trade Analysis and Information System

UN United Nations

UNCTAD United Nations Conference on Trade and Development

UNIDO United Nations Industrial Development Organization

WTO World Trade Organization

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LIST OF FIGURES

CHAPTER 1

Figure 1.1 Frequency index and coverage ratios by

chapter in all 26 countries

…….18

Figure 1.2 Frequency index and coverage ratios by

chapter, by region

…….18

Figure 1.3 Frequency indices and coverage ratios, by

country

…….19

Figure 1.4 Number of products affected by a number of

NTMs chapters

…….22

Figure 1.5 Frequency index and coverage ratios versus

tariffs

…….23

CHAPTER 2

Figure 2.1 Colombian agencies issuing NTMs in the

period 2009 – 2013

…….29

Figure 2.2 Objectives of TBT measures …….31

Figure 2.3 Objectives of SPS measures …….32

Figure 2.4 Number of AD measures applied by

Colombia between Dec. 2004 – Jun. 2013

…….36

Figure 2.5 Application of licenses by Colombia (2006

to 2011)

…….37

Figure 2.6 Number of disputes acting as respondent …….40

Figure 2.7 Number of disputes by WTO-Agreements

acting as respondent

…….41

Figure 2.8 Number of disputes by WTO-Agreements

by region

…….41

CHAPTER 4

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Figure 4.2 RIA’s system …….67

Figure 4.3 Review process stages …….81

LIST OF TABLES

CHAPTER 1

Table 1.1 2010-MAST Classification …….15

CHAPTER 2

Table 2.1 Measures subject both to TBT and SPS

measures

…….32

CHAPTER 4

Table 4.1 Some Colombian Trade Associations …….69

Table 4.2 Elements for the design of the consultation

stage

…….71

Table 4.3 Sources of the problem addressed by the

proposed regulation

…….75

Table 4.4 Alternatives to the proposed regulation …….75

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INTRODUCTION

The 21st century is recognized in the field of international trade as the time of Non-Tariff

Measures (NTMs). In the past, countries used to control their trade rates through the

establishment of high tariffs in order to, among other reasons, protect and benefit their domestic

industry. That situation was addressed by trading partners especially in the grounds of the World

Trade Organization’s (WTO) forums, discussions and debates since it was the obvious way to

hinder free trade on an international level; the result of such discussion was the adoption of

tariffs schedules by each of its members that were supposed to lead to a total liberalization of

trade. Not being this enough, countries wanting to establish beyond WTO-commitments started

to negotiate on a bilateral or multilateral basis concluding with the signature of multiple Free

Trade Agreements (FTAs) whose target was to eliminate tariffs.

With the problem of tariffs almost solved, the getaway applied by different governments to

protect themselves from trade liberalization has been through the imposition of NTMs, “The

continual decline of tariff rates as the result of the eight GATT rounds of multilateral trade

negotiations (MTN) has increased the relative importance of NTSs both as protection and as

regulatory trade instruments. With the reduction in tariffs, non-tariff barriers are increasingly

becoming front-stage market access concerns” (UNCTAD, 2005, Pp. 4). NTMs provide means

for policymakers to address issues of public interest and concern, such as consumer’s health;

despite this, this new trend has raised the concern of international organizations who monitor

international trade because the proliferation of these type of measures may show that they are in

fact being used to “act as barriers to trade and are put in place for protectionist purposes” (Cadot,

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Evidence of recent studies show that Technical Barriers to Trade (TBT) measures affect 30% of

international trade, constituting the principal NTM applied among countries; Sanitary and

Phytosanitary (SPS) measures affect 15% of international trade, while covering 60% of

agricultural products; quantity control policies affect 20% of international trade, protruding the

use of non-automated licenses (Nicita, 2013, Pps. 7-9). These are just preliminary numbers of the

real impact NTMs have on trade relations nowadays but that nonetheless demonstrate “the

presence of correlation between the use of NTMs and traditional forms of trade policy. This may

indicate that NTMs have been used, at least to some degree, as substitutes to tariffs in order to

continue protecting key economic sectors in spite of the tariff liberalization of the last 10 years”

(Nicita, 2013, Pp. 4).

The problem is that NTMs can endanger the competitiveness of domestic industries instead of

helping them, contribute to the raise of the cost of living, and discourage small and medium

enterprises (SMEs) to apply diversification efforts. All these in addition with a possible increase

of food staples and household consumer products, accelerating and strengthening economic

inequity (Cadot, 2012, Pp. 10).

Due to the aforementioned consequences of NTMs’ proliferation, worldwide efforts have been

endured by different international organizations such as the WTO, the Organization for

Economic Co-operation and Development (OECD), and the United Nations Conference on Trade

and Development (UNCTAD). They have attempted to provide governments assistance and

toolkits with the purpose of helping them establish ways and procedures for the review and

improvement in the adoption of NTMs, encouraging them to “address the NTM agenda from

domestic competitiveness and poverty perspectives, rather than from a mercantilist standpoint of

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The purpose of this paper is to provide a toolkit for the review and examination of trade policies,

to help governments determine whether they are really following justified objectives or simply

constitute a trade barrier. The initial idea is to indicate which may be the best method to make

such evaluations, what the procedure must be, and the basic structure of the review system.

Nonetheless the implementation of such a system implies the identification and realization of

administrative reforms along with infrastructure issues; these elements are not going to be

covered by the present papers, although such analysis could be developed in future

investigations.

The paper is organized as follows: the First Chapter contains the relevant information about

NTMs in order to understand what they are, their classification, and some preliminary results of

the most recent study of the status of NTMs in a global context. The Second Chapter illustrates

the context of NTMs in Colombia, defining which are the agencies responsible of issuing such

policies, the notifications the government has made regarding the implementation of NTMs, and

the disputes in which Colombia has been involved due to the imposition of such measures.

Afterwards, Chapter Three addresses the importance of regulatory reform, which are the

guidelines and principles to be followed when adopting a regulatory reform effort, the role of the

adoption of RIA systems and describes which are the existing evaluation methods being used.

Finally, Chapter Four develops the proposal of an impact review system for Colombia,

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CHAPTER 1 – DEFINITION, CLASSIFICATION AND IMPACT OF THE NTMs

NTMs are important because they have become a common tool for policy-makers to address

their domestic trade issues in a time when the application of tariffs has been left behind, “Not

only have these measures become more visible as tariffs have declined significantly trough

successive multilateral trade negotiations but they have been used more extensively by

governments to attain the protectionist goals formerly achieved with tariffs” (Baldwin, 1984, Pp.

123). Nonetheless keeping track of the quantity of NTMs applied by countries and their effects

on the economy is a difficult task due to the complexity of identifying if a measure is considered

as a NTM. This chapter gives a general idea of what should be understood as NTM and what are

the forms such measures take. It is divided in three parts: (i) it first addresses the concept of

NTM and briefly describes some of the definitions that have been adopted, (ii) then presents the

different classifications that have been proposed and, (iii) shows some of the most recent results

of the context of NTMs, obtained from studies based on the most recent collection of data.

1.1. Definition of NTMs

The literature has provided a wide range of definitions of NTMs. Two of the simplest definitions

are:

(i) “Any policy measures other than tariffs that can impact trade flows” (Staiger, 2012,

Pp. 2), and

(ii) “All policy-related costs incurred from production to the final consumer, with the

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International organizations have provided more complex definitions. The Multi-Agency Support

Team1 (MAST) defines NTMs as “policy measures, other than ordinary customs tariffs, that can

potentially have an economic effect on international trade in goods, changing quantities traded,

or prices, or both” (MAST, 2009, Pp. 30); UNCTAD describes them as: “(…) policy measures,

other than ordinary customs tariffs, that can potentially have an economic effect on international

trade in goods, changing quantities traded, or prices or both” (UNCTAD, 2010, Pp. 16)2. These

definitions present some common characteristics: First, NTMs are policy measures issued by

state agencies that can adopt various forms, contrary to tariffs that are merely numbers3; second,

NTMs generate distortion on trade, reflected in a change of quantities traded or in the prices of

the products.

Although all definitions are similar, in the present case the definition provided by UNCTAD is

the more suitable because it determines that NTMs have effect on international trade via prices

or quantities; therefore, it implies that NTMs are tools that have “the potential to substantially

distort international trade, whether their trade effects are protectionist or not” (Nicita, 2013,

Pp.8).

      

1 

Members of the following organizations comprise MAST: FAO, IMF, ITC, OECD, UNCTAD, UNIDO, World Bank and WTO. 

2

There are other more academic definitions as the one provided by Baldwin, who referred to NTMs as “any measure (private or public) that causes internationally traded goods and services to be allocated in such a way as to reduce potential real income”. However this definition has been criticized because it relies on normative aspects which are nowadays considered as one of the various forms NTMs can adopt.

3

Criteria in Cadot, Olivier, Maryla Maliszewska, and Sebastián Sáez. (2011). “Non-Tariff Measures: Impact, Regulation, and Trade Faciliation”, Pp.2.

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1.2. Classification

Having defined NTMs as those measures applied by policy-makers that create a distortion on

trade, a detailed classification of the forms they can adopt is necessary to understand how they

are identified and distinguished from other type of measures.

Different efforts to establish an adequate classification have been endured, each of them

determining the criteria to differentiate them one from another. Economist as Baldwin and Laird

and Vossenaar used intent and impact as the differentiating criteria. The WTO developed an

NTM nomenclature for its negotiation purposes and has recently presented a new one in its

report Non-Tariff Measures and the WTO: “A first category of NTMs are those imposed on

imports. This category includes import quotas, import prohibitions, import licensing, and

customs procedures and administration fees. A second category of NTMs are those imposed on

exports. These include export taxes, export subsidies, export quotas, export prohibitions, and

voluntary export restraints. These first two categories encompass NTMs that are applied at the

border, either to imports or to exports. A third and final category of NTMs are those imposed

internally in the domestic economy. Such behind-the-border measures include domestic

legislation covering health/technical/product/labor/environmental standards, internal taxes or

charges, and domestic subsidies” (Staiger, 2012, Pp. 2). 

The UNCTAD has presented its own classifications as well. The first was presented in 1994

which later became obsolete since it focused on measures that were no longer applied. Then in

2006 a new effort was initiated by UNCTAD’s Group of Eminent Persons on Non-Tariff

Barriers (GNTB) that took into account the new forms of NTMs; the results were published in

2009: “the new nomenclature provides disaggregation of NTMs, at one letter and one digit (64

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cases). It covers a wide range of measures, some of which are clearly behind the border (like

anti-competitive measures) (…)” (Cadot, 2011, Pp. 4). The OECD has its own classification too,

that does not vary much from the one provided by UNCTAD; the main difference is that

OECD’s classification includes investment measures and puts together import surcharges.

Afterwards, in 2010 MAST presented the last system of classification after leading an effort in

data collection and revision of NTM’s classification. Basically this new classification has a

hierarchical structure by dividing NTMs on 16 groups (or chapters) denoted alphabetically,

which are subdivided into three subgroups designated by one, two and three-digit codes; it

includes new forms of SPS and TBT measures along with the inclusion of newly NTMs applied

throughout countries (i.e. restrictions on post-sales services, rules of origin). This classification is

going to be the guide for this paper because is the most updated and all recent analysis on NTMs

have used it as their guide.

Table 1.1 – 2010-MAST Classification

IMPO

RT ME

AS

URES

Technical Me

asures

A Sanitary And Phytosanitary Measures

Measures affecting areas such as restriction of substance, preventing dissemination of disease, conformity assessment measures related to food safety.

B Technical Barriers To Trade

Measures involving labelling, protection of the environment, standards on technical specifications and quality requirements.

C Pre-Shipment Inspection And

Other Formalities

Measures related to pre-shipment inspections and other customs facilities.

Non-Technical Measures

D Price Control Measures

Measures related to change the prices of imports (i.e. minimum prices, reference prices, anti-dumping, countervailing duties).

E

Licenses, Quotas, Prohibitions And Other Quantity Control

Measures

Measures intended to limit the quantity traded.

F Charges, Taxes And Other

Para-Tariff Measures

Measures involving taxes different from customs tariffs, including stamp taxes, license fees, statistical taxes and decreed customs valuations.

G Finance Measures

Measures destined to restrict the payment of imports (i.e. regulation on access and cost of foreign exchange), or impose restrictions on the terms of payment.

(22)

insurance or transport).

I Trade-Related Investment

Measures

Measures intended to restrict investment by means of requiring local content or that investment should be related to exports.

J Distribution Restrictions Measures referring to internal distribution of imported products.

K Restriction on Post-Sales

Services

Measures destined to difficult the entrance of technical staff to the importing country (i.e. staff responsible for the repair or maintenance of imported technological goods).

L Subsides (excluding export

subsidies under P700) Measures related to subsidies affecting trade.

M Government Procurement

Restrictions Measures that impose restrictions to bidders.

N Intellectual Property Measures related to intellectual properties rights.

O Rules Of Origin Measures intended to restrict the origins of products or their inputs.

EXPORT

MEAS

U

R

ES

P Export Related Measures Measures including export taxes, quotas or prohibitions.

Source: Compiled by the author, on the basis of information of “Non-Tariff Measures: Impact, Regulation, and Trade Facilitation” (Olivier Cadot, Maryla Maliszewska, and Sebastián Sáez) and “A Preliminary Analysis on Newly Collected Data on Non-Tariff Measures” (Alessandro Nicita and Julien Gourdon).

1.3. Data analysis

Several papers of economic journals and publications of International Organizations have given a

special attention to the analysis of NTMs’ effects on international trade. A study conducted by

the UNCTAD concluded that the reasons why this subject has become popular are:

(i) The effect of NTMs on trade is still not completely understood and has not been

adequately measured.

(ii) The proliferation of NTMs is evident and they have become the preferred trade policy

of governments.

(iii) NTMs may discriminate among trading partners; it is possible that a NTM that was

(23)

 

difference in compliance costs, which can vary from one trading partner to the other

usually being higher for low-income countries.

(iv) NTMs have been used for protectionist purposes by governments trying to benefit

and protect their domestic industries (Nicita, 2013, Pp. 1).

Due to the aforementioned reasons MAST promoted a major effort on data collection on NTMs

across countries which started in 2008 with seven pilot countries. Such effort was continued by

the World Bank by funding a data collection among 24 developing countries (5 in Africa, 5 in

the Middle East and North Africa, 3 in East and South Asia)4. The results of these operations

were “a major improvement over the data available through the WTO notification system for

SPS and TBT regulations, which has been unsatisfactory as a repository of information on all

NTMs (…) the information collected through the WTO notification system provides only partial

coverage, which may be insufficient from a transparency perspective” (Cadot, 2012, Pp. 11)5.

Colombia is among the group of 26 countries in which data was collected. For that reason, the

next analysis includes the situation of the country in relation with the other countries of the

group.

1.3.1. Frequency index and coverage ratios

Based on the data collection just mentioned, the UNCTAD conducted an initial study that shows

the actual status of the countries in relation with NTMs. The responsible of the study used two

methods to obtain descriptive information about the data: (i) frequency index that shows the

percentage of products subject to one or more NTMs and (ii) coverage ratios which measure the       

Even though this has been a satisfactory effort, it’s not the end of it. The World Bank, through the ITC, is going to lead a long-standing effort together with the UNCTAD with the purpose of ensuring sustainable funding resources to continue the collection of data in other countries, aiming to cover most economies (Cadot, 2012, pp.10).

5

(24)

percentag

conclusio

(iii) quan

(Figure 1

in the reg

Figure 1 Source: Ta and Julien Figure Source: Ta and Julien

ge of trade

on is that N

ntity control

1.1). Results

gion.

.1 - Frequen

aken from “A P Gourdon), Pp.

1.2 - Fr

aken from “A P Gourdon), Pp.

subject to

NTMs are dis

l measures,

s showed tha

ncy index a

Preliminary An 7 requency Preliminary An 8. NTMs for stributed am (iv) pre-ship at Colombia nd covergae

nalysis on New

index and

nalysis on New

the importi

mong 5 main

pment requir

has the hig

e ratios by c

wly Collected D

d covergae

wly Collected D

ing country

n chapters: (

rements, and

ghest frequen

chapter in a

Data on Non-Ta

e ratios

Data on Non-Ta

(Nicita, 20

(i) TBTs, (ii

d (v) price

ncy index an

all 26 counti

 

ariff Measures

by chapte

ariff Measures

013, Pp. 6).

i) SPS meas

control mea

nd coverage

ies

s” (Alessandro

er, by re

(25)

 

Figure 1

Source: Ta and Julien

The stud

30% of th

control m

that quan

measures

.3 - Frequen

aken from “A P Gourdon), Pp.

dy showed th

he products

measures cov

ntity contro

s are no long

ncy indices

Preliminary An 9.

hat TBTs ar

and trade va

ver about 16

ol measures

ger applied d

and covera

nalysis on New

e the princip

alues, SPS m

6% of produ

cover almo

due to WTO

ge ratios, by

wly Collected D

pal NTM ad

measures cov

ucts and 20%

ost 20% of

O restrictions

y country

Data on Non-Ta

dopted by go

ver almost 1

% of trade va

f the produ

s; an explana

ariff Measures

overnments,

5% of produ

alues. A rem

ucts although

ation for thi

s” (Alessandro

, covering al

ucts, and qua

markably fac

h most of

s situation i

(26)

these measures have “transformed” to non-automatic licensing and pre-shipment inspections,

which cover almost 11% of products and trade; finally price control measures are rarely

implemented, covering only 2% of the products and 5% of trade (Nicita, 2013, Pp. 7). Another

reason is that the use of quantity control measures has diminished in general terms but Latin

American countries are still recurring to them.

What is remarkable of these results is the evident preference for TBTs and SPS measures. This

situation is disturbing to low-income countries to whom the costs of compliance are higher than

for developed economies, and possibly causing an annulment of the competitive advantages they

have on the labor market and certain trade preferences granted by FTAs (Nicita, 2013, Pp. 7).

Since Colombia is a developing country it deals with the negative consequences of the

imposition of TBT and SPS measures that includes, among others, the following: (i) high

infrastructure costs, (ii) export services and (iii) abroad outsourcing6. 1.3.2. Degree of regulation

The study also addressed the issue of the “degree” of regulation of commerce. To determine if

the commerce of a specific products is weakly or heavily regulated the simplest method is to

count the number of NTMs it is subject to7. Policy makers usually impose more than one NTM

on the same product, irrespective if such NTMs belong to the same chapter (according to the

2010-MAST classification) or not. One explanation of this practice is that measures are applied

      

6

One example of the lack of infrastructure in Colombia is evidenced by the Consumer Product Safety Improvement Act (CPSCIA), adopted by the Consumer Safety Product Commission (CPSC) of the United States. The CPSCIA requires certain certifications of the level of lead in specific products; such certification can only be issued by determined laboratories. Colombia does not count with a laboratory authorized for these procedures forcing exporters to recur to Peru’s laboratories in order to obtain the required certification.

7 

(27)

 

in parallel (i.e. when they regulate different phases of the chain of production and the product

trade); or it can be a consequence of the efforts endured by governments in order to shield their

domestic industries from foreign competition (Nicita, 2013, Pp. 13). In Colombia this situation

could be a consequence of the dispersion of the regulation function among different agencies,

showing no harmonization or collaboration between them at the moment of establishing NTMs.

As Figure 1.5 shows, Colombia exhibits an apparently equilibrated tendency on the imposition of

one or more NTMs (belonging to the same chapter of the 2010-MAST classification)8 on the

same product, contrary to the results exhibited by other Latin American countries, except for

Argentina9.

      

8 

The analysis done over this matter was on a chapter basis of the 2010-MAST classification and not on specific NTMs basis.  

9 

(28)

Figure

Source: Ta and Julien

1.3.3. N

The stud hypothes showed t NTMs, u result fro the inten foreign c

1.4 - Nu

aken from “A P Gourdon), Pp.

NTMs and T

dy tried to de

sis proposed

that countrie

using both po

om the nature

nt to use NT

competition” umber of Preliminary An 11.   Tariffs etermine the

d the existe

es establishin

olicies for p

e of the prod

TMs as a com

” (Nicita, 20

products

nalysis on New

e relationship

ence of a p

ng higher tar

protectionist

duct, when th

mplement to

13, Pp. 17).

affected

wly Collected D

p between N

positive rela

riffs were th

objectives, “

hese are acc

o tariffs to f

The evidenc

by numb

Data on Non-Ta

NTMs and tr

ationship be

he same that

“although a

ompanied by

further insul

ce obtained f

ber of N

ariff Measures

raditional ta

etween them

imposed a h

large numb

y a high tari

ate domestic

from the dat

NTMs chap

s” (Alessandro

ariffs. A com

m since evid

higher numb

ber of NTMs

iff it may ind

(29)

 

hypothes

that, at th

Figure 1 Source: Ta and Julien After con such an analysis methodo

a data c

importan classifica The resul trade issu their pro measures

sis by indicat

he same time

.5 – Freque

aken from “A P Gourdon), Pp.

nducting a p

effort woul

it was nece

logies to rea

ollection ef

nce of the de

ation helped

lts of the stu

ues and eve

oliferation c

s, while the l

ting that cou

e, apply a lar

ency index a

Preliminary An 18.

preliminary

d not have

essary to hav

ach its conclu

ffort would

efinition is t

to better cat

udy show tha

n though th

cannot be d

least used ar

untries that a

rger number

and coverag

nalysis on New

approach of

been possib

ve a data c

usions. With

have been

that it allow

tegorize the

at governme

he use of NT

denied. Amo

re quantities

adopt restrict

of NTMs (F

ge ratios ver

wly Collected D

f the results

ble without

ollection tha

hout a defini

a complex

wed to delim

information

nts are recur

TMs varies b

ong NTMs

restrictions

tive tradition

Figure 1.6).

rsus tariffs

Data on Non-Ta

s of UNCTA

a delimited

at allowed t

ition of NTM

duty almos

mit the scope

collected by

rring to the u

between cou

the most p

. As for Col

nal trade pol

ariff Measures

AD’s study

scope. To

to apply the

M and a prop

st impossibl

e of the coll

y the researc

use of NTM

untries and

popular are

lombia, when

licies are the

s” (Alessandro

it is evident

develop suc

e aforementi

per classifica

le to fulfill.

lection, whil

chers.

Ms to address

between reg TBTs and n comparing e ones   Nicita t that ch an ioned ation, . The le the s their gions, SPS

(30)

other Latin American countries included in the study, the conclusion is that it is the country with

the higher use of NTMs and with the higher number of products subjected to more than one

NTM. In words of the WTO “Colombia’s trade regime is now basically open and its average

tariff rate has been falling. Nonetheless, a number of non-tariff barriers persist, mainly involving

import registration and licensing requirements; and the large number of regulations also makes

the regime somewhat complex” (WTO, 2012, Pp. 38). The previous statement is analyzed in the

following chapter which presents the agencies in charge of issuing trade policies, the different

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CHAPTER 2 – COLOMBIA’S CONTEXT REGARDING NTMs

NTMs have become the most popular trade policy tool among countries and Colombia is no

exception. As concluded in the previous chapter, Colombia has the highest indices of NTMs

among most of Latin American countries, situation that demands a more exhaustive analysis of

the national context when referring to NTMs which will allow to study if such a proliferation

could be reduced by the implementation of an impact analysis of the measures before they are

issued, which is the purpose of this paper.

This Chapter establishes the general NTMs framework by determining (i) which are the agencies

in charge of issuing NTMs, (ii) which NTMs have the highest level of application, and (iii) how

many disputes have been raised against Colombia due to its NTMs.

2.1. Colombia’s regulatory system on trade policies

Colombia has a national authority in charge of defining and tracing trade objectives that must

guide all the trade-related measures. That function is developed by the Ministry of Commerce,

Industry and Tourism (MCIT)10, “The MCIT is still the institution mainly responsible for

formulating and applying trade policy in Colombia. To formulate foreign trade policy, the MCIT

consults with various public sector entities involved with trade, as well as with private sector and

civil society representatives (…)” (WTO, 2012, Pp. 25).

MCIT works hand in hand with the Higher Council for Foreign Trade11, the advisory organism to

the government in matters related to foreign trade and firms’ competitiveness. Its functions are

defined in Decree 2553 of 1999 including the following: (i) advice on the guidelines of trade,

      

10 

“Ministerio de Comercio, Industria y Turismo”. 11 

(32)

customs, imports and exports policies, (ii) examine and advice on the adoption of trade

restrictive policies, and (iv) suggest the applicable guidelines to exports’ promotion mechanisms.

Other agency involved in the trade policy system is the Committee on Customs, Tariffs and

Foreign Trade12 which, according to Decree 3303 of 2006, analyzes and advises the government

and the Higher Council for Foreign Trade in tariffs-related policy, such as the modification of

tariffs and the control and evaluation of the tariff-related measures.

Some other agencies with whom MCIT consults trade-related topics are the Ministry of Finance

and Public Credit13, the Ministry of Agriculture and Rural Development14, and the Joint

Committee on Foreign Trade15. In accordance with this information, in the next section the

dispersion in Colombia’s regulatory entities is going to become evident, since there are many

agencies issuing regulations although the main one in charge of trade matters is the MCIT.

2.1 Issuing agencies and main NTMs

After examining who is in charge of defining the trade policy in Colombia, it is necessary to

identify which are the agencies that issue NTMs. To obtain such information, it is helpful to

recur to databases containing information about Colombia’s NTMs situation (i.e. I-TIP and

TRAINS)16.

2.1.1 I-TIP database

The WTO has established a set of databases with the purpose of providing comprehensive

information of NTMs as applied by its members, including members’ notifications in compliance

      

12 

“Comité de Asuntos Aduaneros, Arancelarios y de Comercio Exterior” also known as “Comité Triple A”. 13 

“Ministerio de Hacienda y Crédito Público”.  14 

“Ministerio de Agricultura y Desarrollo Rural”.

15

“Consejo Superior de Comercio”. 16 

(33)

 

with their WTO commitments and specific trade concerns raised by members on trade policy

measures adopted by some other member. This database is known as I-TIP in goods17 and offers

an integrated analysis and retrieval of notifications made on NTMs.

I-TIP in goods provides four different tools for information collection: (i) graphs over time, (ii)

tables by product, (iii) tables by members, and (iv) detailed query; by using any of them

researchers obtain a summary information of measures applied by a specific country and their

classification under 2010-MAST classification system.

2.1.2. WITS

The World Integrated Trade Solution (WITS) is a software developed by the joint work of the

World Bank and the UNCTAD18, and it offers access to the major compilations of data regarding

merchandise trade, tariffs and NTMs. WITS contains TRAINS database, which is maintained by

the UNCTAD, and includes all information in relation with imports, tariffs, para-tariffs and

NTMs, “The most comprehensive collection of publicly available information on NTB is the

database contained in the UNCTAD Trade Analysis and Information System (TRAINS), which

is accessible through the World Integrated Trade Solution (WITS) software. The NTB data

incorporated in TRAINS indicate the existence of categories of NTBs classified according to the

UNCTAD Coding System of Trade Control Measures (TCMCS) for particular products of

groups of products. Additional information such as a brief description of each NTB, an

indication of affected or excluded countries, and footnotes on exact product coverage are also

provided, where available. There is not, however, any measurement of the restrictiveness of the

measure” (UNCTAD, 2005, Pp. 714). This affirmation, besides describing the importance of

TRAINS database, confirms the need of establishing an evaluation impact system for NTMs       

17 

I-TIP Services database exclusive for the trade in services.  18 

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since their restrictive effects are not describe in any of the databases available; therefore, it must

be a task for governments to assume.

Although the data offered by WITS-TRAINS is of great value, for the purpose of this paper such

data is quite specific since it grants information not only at a chapter level19 but at different

subheadings from 6 to 8 digit classification. Hence a study based on such information could

become tedious and needs some economics and statistical knowledge and development, aspects

that fall out of this paper’s scope.

2.1.3. Data analysis

2.1.3.1. Technical measures: TBT and SPS measures

The information used in the analysis of this paper includes the notifications made by Colombia

to the SPS and TBT’s WTO Committees, in compliance with its international obligations since

2009 (Annex). Although it may seem as a reduced period of time, it comprehends an important

number of notifications taking into account that in the period 2006-2011 Colombia made 207

notifications to the WTO.

Concerning technical NTMs, the responsibility for formulating policy on SPS measures is shared

by various ministries, “the SPS system operates on the principle of the harmonization of policy

in the different sectors. SPS measures are adopted by the body responsible for risk assessment,

where appropriate” (WTO, 2012, Pp. xi). Since SPS measures are directed to ensure that

products are safe for consumers, they focus on food safety and animal and plant health standards

by means of imposing strict health and safety regulations; that is why Colombian agencies

adopting SPS measures ought to have qualified knowledge over such matters.

      

19 

(35)

  The sam regulator Welfare2 Commer Housing Developm Agricultu Figure 2 Source: Co        20  Law 14 ministries: 21  Law 144 and reorga 22  This ana Colombia me situation ry agencies 0

, (iii) Min

ce, Industry

and Territo

ment21, (ix) ural Institute

2.1 – Colomb

ompiled by the

       

444 of 2011 o Ministry of H 44 of 2011 orde anized it as the

alysis is based during that per

of dispersio

are: (i) Mi

nistry of M

and Tourism

orial Develo

) General S

e (Figure 2.1

bian Agenci

author, on the

       

ordered the sci ealth and Socia ered the scissio Ministry of the on the inform riod were inclu

on among ag

inistry of S

Mines and E

m, (vi) Mini

opment, (vi

Secretariat

).

ies issuing N

e basis of inform

ission of the M al Welfare and on of the Minis e Environment mation containe

uded.

gencies is e

ocial Welfa

Energy, (iv)

stry of Tran

iii) Ministry

of the And

NTMs in the

mation collecte

Ministry of So d Ministry of L

stry of the Env t and Sustainab d in the tables

evident for T

are, (ii) Min

Ministry o

nsport, (vii) M

y of the En

dean Comm

e period 200

ed from I-TIP

ocial Welfare Labour (Arts. 7

vironment, Hou ble Developme s of the Annex

TBTs. For b

nistry of H

of Labour,

Ministry of t

nvironment

munity, and

09-201322

and divided i – 9). 

using and Terr ent (Arts. 11 – . Not all the n

both of them

ealth and S

(v) Ministr

the Environm

and Sustain

(x) Colom

it into two dif

(36)

The dispersion of functions among national agencies is evidenced and at first sight it would seem

there is no co-ordination among them when issuing the NTMs, each of them acting on an

individual and isolated basis. Additionally, due to the close relationship between TBT and SPS

measures23, it is not uncommon to see that they share the same issuing agencies such as the

Ministry of Social Welfare, ICA, and the General Secretariat of the Andean Community. Despite

this, it does not reflect in a lower number of NTMs adopted but instead, shows on contrary that

probably each agency focuses exclusively in its functions and does not internalize other

authorities’ needs or objectives that could lead to a joint performance with better results. This

situation is explained by the fact that “The task of preparing technical regulations is not

centralized in a specific body; such regulations may emanate from the standardization institute

ICONTEC24, or from ministries, regulatory commissions and decentralized bodies. Although

each entity has its own internal procedure for the establishment of technical regulations, since

2009 a procedure for elaborating and issuing them has been agreed, on the basis of good practice

recommendations. Most technical regulations reflect or are based on international standards”

(WTO, 2012, Pp. xi).

Now, since TBT measures are the way used by countries to establish the characteristics a product

must comply with, such as design, performance, labelling or packaging25, it is just obvious to

      

23 

Article 20 of GATT gives the possibility for governments to adopt policies directed to protect human, animal or plant life and health, with the obligation of applying them as long as those policies do not discriminate among trading partners or serve as a means for disguising protectionist measures. In order to regulate the application of such measures, two agreements were established among WTO-members through which countries can find the criteria to harmonize the need to apply those standards with the prohibition of implementing protectionist policies.   24 

“Instituto Colombiano de Normas Técnicas y Certificación”. 25 

Technical regulation: document which lays down characteristics or their related processes and production methods including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, making or labelling requirements as they apply to a product, process or production method.

(37)

 

find that the main agencies regulating such matters have a knowledge of technical aspects. Every

TBT measure has a specific objective which justifies its application; in accordance with the

reports made by Colombia to the TBT Committee, the main objectives adduced by the

authorities are: (i) protect human health and safety and prevent practices likely to mislead

consumers, (ii) protection of human, animal and plant life, health and safety, and (iii) protect

human life and health and prevent risks to consumers (Figure 2.2).

For SPS measures, their extension is delimited by the necessity to protect human, animal and

plant health, with the obligation for the issuing country to apply them in a non-discriminatory

basis. To comply with such requirement when notifying the adoption of a SPS measure,

Colombia justifies their application meanly by advocating to the following purposes: (i) food

safety, (ii) protection of humans from animal or plant pests or diseases, and (iii) animal health

(Figure 2.3).

Figure 2.2 – Objectives of TBT measures 

Source: Compiled by the author, on the basis of information collected from I-TIP

      

requirements as they apply to a product, process or production method.” (TBT Agreement, Annex 1: Terms and their Definitions for the Purpose of this Agreement). 

44%

37% 10%

9%

TBT

 

MEASURES

 

JUSTIFICATION

Protection of Human Health and

Safety / Prevent Practices Likely

to Mislead Consumers

Protection of Human, Animal and

Plant Life, Health and Safety

Protect Human Life and Health

and Prevent Risks to Consumers

(38)

Figure 2.3 – Objectives of SPS measures 

 

Source: Compiled by the author, on the basis of information collected from I-TIP

Now, recalling that Colombia is the Latin American country with the highest degree of

regulation of commerce26, except for Argentina, when reviewing the context of TBT and SPS

measures it becomes clear that certain products are subjected to both (Table 2.1).

Table 2.1 – Measures subject both to TBT and SPS measures

AGENCY PRODUCT WTO DOCUMENT

Ministry of Social Welfare

Honey G/SPS/N/COL/171;

G/TBT/N/COL/133.

Poultry G/SPS/N/COL/184;

G/TBT/N/COL/139.

Capybara meat G/SPS/N/COL/186;

G/TBT/N/COL/141.

Cellyulosic materials, objects, packaging and equipment

G/SPS/N/COL/193; G/TBT/N/COL/149.

Vegetable and animal oils and fats G/SPS/N/COL/202;

G/TBT/N/COL/154.

Food for human consumption and raw material used in the production for human consumption which contain GMO

G/SPS/N/COL/205; G/TBT/N/COL/155.

      

26 

From the countries included in the data collection effort developed by UNCTAD.

31%

30% 30%

9%

SPS

 

MEASURES

 

JUSTIFICATION

Food Safety

Protection of Humans / Territory from Animal or Plant Pest or Disease

Animal Health

(39)

 

Fruit G/SPS/N/COL/122;

G/TBT/N/COL/160.

ICA

Animal feed G/SPS/N/COL/179;

G/TBT/N/COL/136.

Seeds G/SPS/N/COL/181;

G/TBT/N/COL/137.

Land snails G/SPS/N/COL/183;

G/TBT/N/COL/138.

Olaquindox gorwth promoter G/SPS/N/COL/185;

G/TBT/N/COL/140.

Bio-inputs G/SPS/N/COL/188;

G/TBT/N/COL/144. Medicines, biologic, bases for magistral

preparations, cosmetics, pesticides, miscellaneous veterinary products and diagnostic kits and reagents

G/SPS/N/COL/200; G/TBT/N/COL/153.

Source: Compiled by the author, on the basis of information collected from I-TIP

This is a consequence of SPS and TBT measures belonging to the same group, “Technical

Measures”, of NTMs in the 2010-MAST classification. Therefore, agencies in charge of issuing

such policies have a determined level of knowledge and expertise to guarantee that such

measures fulfill the requirements of legitimacy and comply or adjust to Colombia’s international

obligations.

Finally, even though data shows that in Colombia the main agencies in charge of issuing TBT

and SPS measures are the Ministry of Social Welfare and the ICA, the WTO has defined the

institutional framework of standards and regulations in Colombia as follows: “MCIT through it

Regulation Directorate, is the body that defines standardization, quality, certification and

accreditation and metrological policies and practices. The MCIT coordinates the National

Quality System (SNC)27, whose basic objectives are to promote in the markets the safety, quality

and competitiveness of the sector producing or importing of good and services and to protect the

      

27 

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interest of consumers. This work is carried out mainly through the Supervisory Authority for

Industry and Trade (SIC)28 and the National Institute of Metrology (INM)29, which establish,

coordinate, direct and oversee the national industrial quality control, weights, measures and

metrology programs and organize the quality control and metrological laboratories considered

indispensable for the proper performance of their functions. Decree No. 4175 of 2011 split off

the SIC’s scientific and industrial metrology functions and transferred them to the INM. The SIC

continues to perform its legal metrology functions, while the INM’s objectives are to coordinate

scientific and industrial metrology and to carry out activities that make possible innovations and

support economic, scientific and technological development, through research, the provision of

metrological services, support for metrological control activities and the dissemination of

measurements traceable to the International System of Units” (WTO, 2012, Pp. 38).

2.1.3.2. State Trading - Monopoly on alcoholic beverages

Colombia maintains a monopolistic situation on alcoholic beverages and spirits industries. Such

situation is justified in terms of tax income for the territorial authorities, who have independence

in the charge and collection of taxes on those products whose destination is the Health System.

These measures assuring the State’s monopoly over alcoholic beverages and spirits falls within

the scope of Chapter H – Anticompetitive Measures Recalling the 2010-MAST classification.

The monopolistic regulation has a different structure from TBT and SPS policies, which explains

why the relevant agencies in charge of these matters are not the same; in this case the Congress

      

28 

“Superintendencia de Industria y Comercio”. 29 

(41)

 

has the main function of determining the extension of such regulations, using laws as its

preferred mechanisms30.

2.1.3.3. Antidumping and countervailing measures and safeguards31

The Trade Practices Subdirectorate of the MCIT is the organism in charge of the management of

trade protection measures: (i) dumping32, (ii) subsidies33 and (iii) safeguards34. Regarding AD,

the MCIT can initiate an investigation motivated on a written complaint from the domestic

industry and the exporters or on an ex officio basis. The MCIT can impose provisional AD

measures while conducting the investigations, and at the end of the process decide to continue

with its application or terminate it. This procedure is regulated by Decree No. 2550 of 2010,

Decree No. 991 of 1998, Decision 283 of 1991, and Decision 456 of 1999.

Colombia has applied several antidumping (AD) measures throughout the years, especially to

China which is the most problematic trading partner on this matter, “Between 2006 and 2011,

Colombia initiated 25 anti-dumping (AD) investigations and applied ten new definite measures;

provisional measures were applied in 13 of the 25 investigations launched – most of them in

2007. As for 31 December 2011, Colombia had 12 AD measures still in force all of which were

applied to imports from China”. (WTO, 2012, Pp. 38). From the WTO notifications, up to 2013

      

30

A general perspective of the protection of competition is the following: In 2009 Colombia passed a new law to update regulations governing the protection of competition. It continues to use tax incentives to promote both domestic and foreign investment, along with other programmes to support the development of specific sectors and to improve social and regional equality. Colombia has observer status in the Plurilateral Agreement on Government Procurement. During the review period, it has strengthened its legal and institutional framework for government procurement, in particular by improving transparency, with legal amendments to the public procurement regime being introduced in 2007. Nonetheless, procurement is used as a means to promote domestic industry and employment, mainly through preferences.

31 

This measures are applied on a discriminatory basis, that is, taking into account the country of origin of the imports, since their purpose is to protect the economy from unfair practices of trade (AD and countervailing measures) or from a threat or damage to the domestic industry (safeguards).

32 

This matter is regulated by Decree No. 2550 of 2010. 33 

This matter is regulated by Decree No. 299 of 1995. 34 

(42)

the only countervailing measures in force are imposed to China; nonetheless the Ministry is

developing other investigations that include certain products coming from Mexico and Korea

(Figure 2.4).

Figure 2.4 – Number of AD measures applied by Colombia between Dec. 2004 – Jun. 2013

Source: Compiled by the author, on the basis of information collected from I-TIP

Colombia has not made notifications to the WTO in relation with investigations on safeguard and

countervailing measures since 2006.

2.1.3.4. Licenses and registration

Colombia has a license system that includes two variables: (i) automatic licensing and (ii)

non-automatic licensing. In both scenarios, the requirements are applied on a non-discriminatory

basis, that is, independently of the origin of the imports. The WTO in its report concluded that

“(…) in 2011 there were 2.939 tariff lines subject to automatic licensing, and 188 subject to

non-automatic licensing, compared to 2.844 and 185, respectively in 2006. These increases are

explained by the fact that a non-automatic license has been required since 2010 to import certain

0 2 4 6 8 10 12 14

Russia Ukraine China China China China China China China China China China

Dec. 2004 Dec. 2005 Dec. 2006 Dec. 2007 Dec. 2008 Dec. 2009 Dec. 2010 Dec. 2011 Dec. 2012 June 2013 NUMBER OF ANTIDUMPING MEASURES       

(43)

 

precursors for narcotics production, while the number of tariff lines subject to automatic

licensing requirements has increased owing to a change in tariff classification” (WTO, 2012, Pp.

61). Based on the previous information, the change in the application of licenses has the

following trend (Figure 2.5):

Figure 2.5 – Application of licenses by Colombia (2006 to 2011)

Source: Compiled by the author, on the basis of information collected from WTO’S Trade Policy Report.

The difference between both types of licenses is illustrated in the following flow chart:

0 500 1000 1500 2000 2500 3000 3500

Automatic Non‐automatic

Automatic Nonautomatic

2006 2844 185

2011 2939 188

EVOLUTION ON LICENCES FROM 2006 TO 2011

Licences

Automatic (free importation)

Serves as a mechanism to implement regulations.

It requires a prior authorizaion by government authorities

The Foreign Trade Directorate of the MCIT is in charge of managing the import registration

which is done throug the VUCE

Non-automatic

(prior licensing)

Mechanism to control imports of a specific nature

The Higher Council for Foreign Trade is responsible of determining the list of products

Figure

Table 1.1 – 2010-MAST Classification

Table 1.1

– 2010-MAST Classification p.21
Figure 1.2 - Frrequency

Figure 1.2 -

Frrequency p.24
Figure 1.1 - Frequen

Figure 1.1 -

Frequen p.24
Figure 1.3 - Frequen

Figure 1.3 -

Frequen p.25
Figure 1.4 - Nuumber of

Figure 1.4 -

Nuumber of p.28
Figure 1.5 – Freque

Figure 1.5

– Freque p.29
Figure 22.1 – Colomb

Figure 22.1

– Colomb p.35
Figure 2.2 – Objectives of TBT measures 

Figure 2.2

– Objectives of TBT measures p.37
Table 2.1 – Measures subject both to TBT and SPS measures

Table 2.1

– Measures subject both to TBT and SPS measures p.38
Figure 2.3 – Objectives of SPS measures 

Figure 2.3

– Objectives of SPS measures p.38
Figure 2.4 – Number of AD measures applied by Colombia between Dec. 2004 – Jun. 2013

Figure 2.4

– Number of AD measures applied by Colombia between Dec. 2004 – Jun. 2013 p.42
Figure 2.5 – Application of licenses by Colombia (2006 to 2011)

Figure 2.5

– Application of licenses by Colombia (2006 to 2011) p.43
Figure 2.6 – Number of disputes acting as respondent39

Figure 2.6

– Number of disputes acting as respondent39 p.46
Figure 2.8 – Number of disputes by WTO-Agreements by regions

Figure 2.8

– Number of disputes by WTO-Agreements by regions p.47
Figure 2.7 – Number of disputes by WTO-Agreements acting as Respondent

Figure 2.7

– Number of disputes by WTO-Agreements acting as Respondent p.47
Figure 44.1. – Propos

Figure 44.1.

– Propos p.71
Figure 44.2 – RIA’s s

Figure 44.2

– RIA’s s p.74
Table 4.1. – Some Colombian Trade Associations

Table 4.1.

– Some Colombian Trade Associations p.76
Table 4.3 – Sources of the problem addressed by the proposed NTM

Table 4.3

– Sources of the problem addressed by the proposed NTM p.81
Table 4.4 – Alternatives to the proposed regulation

Table 4.4

– Alternatives to the proposed regulation p.82
Table 4.5 – Costs and Benefits

Table 4.5

– Costs and Benefits p.84
Figure 44.3 – Review

Figure 44.3

– Review p.88
Tableware and kitchenware and

Tableware and

kitchenware and p.113
Tableware and kitchenware and 17/12/2004

Tableware and

kitchenware and 17/12/2004 p.113
Tableware and kitchenware and

Tableware and

kitchenware and p.114
Tableware and kitchenware and

Tableware and

kitchenware and p.115
Tableware and kitchenware and 17/11/2006

Tableware and

kitchenware and 17/11/2006 p.116
Tableware and kitchenware and

Tableware and

kitchenware and p.117

Referencias

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