Understanding The Tbt Agreement

Although the TBT agreement applies to a wide range of industrial and agricultural products, health and plant health measures and procurement specifications are subject to separate agreements. The rules of the OBT agreement help distinguish between legitimate standards and technical rules and protectionist measures. Standards, technical rules and compliance assessment procedures must be developed and applied on a non-discriminatory basis, developed and applied in a transparent manner and, where appropriate, based on relevant international standards and guidelines. Article 6.3 of the OESE agreement urges WTO members to enter into negotiations with other members for mutual adoption of the results of the compliance assessment. The existence of a high level of confidence in the testing and certification bodies is indeed a prerequisite for the proper functioning of the MRI. For this reason, Article 6.1 of the OESE Agreement recognizes that prior consultations may be necessary to achieve a satisfactory understanding of the competence of compliance assessment bodies for both parties. It also points out that compliance by compliance bodies with the guidance or recommendation documents of international standards bodies can be considered a reference to appropriate technical competence. The CTA ensures that technical regulations, standards, testing and certification procedures do not create unnecessary trade barriers. The agreement prohibits technical requirements that are created to restrict trade, contrary to technical requirements created for legitimate purposes, such as consumer or environmental protection. [1] Its objective is to avoid unnecessary barriers to international trade and to recognize all WTO members in order to protect legitimate interests on the basis of their regulatory autonomy, although they encourage the application of international standards. The list of legitimate interests that may justify a trade restriction is not exhaustive and covers the protection of the environment, health and safety of people and animals. [1] In addition to the notification requirement, each WTO member must set up a national investigative body. It is a point of contact where other WTO members can request and obtain information and documents on a member`s technical rules, standards and testing procedures, whether in place or adopted, as well as participation in bilateral or multilateral standard agreements, regional standards bodies and compliance assessment systems (Article 10).

Information services are generally public bodies, but the corresponding functions can also be assigned to private agencies. The requirement to set up investigative centres is particularly important for developing countries. On the one hand, this is the first step by a member of a developing country to implement the OBT agreement. On the other hand, developing countries can obtain information from other MEPs` investigative services on foreign rules and standards concerning products of which they have a commercial interest. Communication of members on demonstrations and mutual recognition agreements under the OBT agreement. The free trade agreements concluded by the United States also contain a chapter containing provisions on technical barriers to trade that must be respected in order to seek preferential treatment under the agreement. These chapters can be accessed through free trade agreements.

Posted April 14th, 2021 in Uncategorized.

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