The Final Act is in turn part of the treaty that established the WTO: the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). The WTO Secretariat has prepared this handbook to promote public understanding of the TBT Agreement.
The TBT Agreement
Overview
Background and purpose
On the other hand, NTMs can sometimes be unnecessarily restrictive of trade and/or unjustifiably discriminatory. As such, the agreement is an important tool for improving coherence and mutual support between open trade on the one hand and the domestic policies that countries use to achieve public policy goals on the other.
The scope of the TBT Agreement
Relation to the SPS Agreement
Although some measures to control human diseases may be covered by the TBT Agreement (for example, requiring warning labels in tanning equipment that address the risks of developing skin cancer), if the measures concern diseases transmitted by plants or animals (such as rabies or bovine spongiform encephalopathy (BSE)) – or transmitted through food – will most likely be covered by the SPS agreement. Some packaging and labeling requirements, if directly related to the safety of the food, are also subject to the SPS Agreement.
Relation to other WTO agreements
Another example is the Plurilateral Agreement on Trade in Civil Aviation, which states that the provisions of the TBT Agreement "apply to trade in civil aircraft" and, more specifically, that. There are also cases where neither the TBT Agreement nor the other WTO agreement expressly refer to each other.
Three categories of TBT measures
Technical regulations
They can be specific: for example, establishing the maximum permitted levels of lead in paint used on toys, or prohibiting the use of certain additives in tobacco products. However, what all these measures have in common is that: (i) they all involve some form of government intervention (law, regulation, decree, law, etc.) that regulates what characteristics products must have (or not) or how they must be produced; and (ii) such requirements may affect trade and market access opportunities for the relevant products.
Standards
The Agreement therefore attributes a certain amount of responsibility to governments to ensure that these other bodies follow the Code. As of 1 July 2020, 192 standardization bodies (of all types) have notified their acceptance of the Code.
Conformity assessment procedures CAPs are used to determine whether products
Standards are specifically addressed by the Code of Good Practice for the Preparation, Adoption and Implementation of Standards (the Code), contained in Annex 3 of the TBT Agreement. For example, the Code contains various obligations regarding transparency in standard-setting activities (eg periodic notification of a standardization.. work program", acceptance of comments from interested parties on draft standards, etc.).
Key principles
Non-discrimination
US – COOL
Category A (Country of origin of the United States) is reserved for meat derived from animals for which all production steps - birth, rearing and slaughter - took place in the United States;. However, Canadian and Mexican exports of cattle and hogs account for only a small percentage of total livestock slaughter in the United States.
What more can be learned from the disputes?
Legitimate regulatory
If this is not the case, Country A's regulation is likely to be considered discriminatory and thus in violation of Article 2.1 of the TBT Agreement. Let us assume that a country adopts a requirement that products be labeled in the national language of the importing member.
Avoidance of unnecessary barriers to trade
To date, no member has obtained the technical . stage) are in conflict with Article 2.2 of the TBT Agreement. To this end, technical regulations should not restrict trade more than is necessary to achieve a legitimate aim, taking into account the risks that failure to comply with them would entail.
International standards
The appellate body added that the legitimate objective of the relevant regulation or standard would also be important in determining the nature of the risks and the severity of the consequences that would arise from non-compliance. Where technical regulations are necessary and relevant international standards exist or their completion is imminent, Members shall use them or relevant parts thereof as the basis for their technical regulations, unless such international standards or relevant parts would be an ineffective or inappropriate means. to meet the legitimate objectives pursued, for example due to underlying climatic or geographical factors or underlying technological problems.
Why promote the use of international standards?
WORD CLOUD ENGLISH
Transparency
Development Dimension
Their development and use can thus be an important means of disseminating knowledge and promoting innovation.
Identifying when “relevant international standards” exist
They therefore concluded that because AIDCP was not "open" to all member bodies, it could not be an "international standardization body" and ultimately not a relevant international standard under Article 2.4 of the TBT Agreement. However, on the facts, the panel concluded that the FCTC guidelines in question could not be considered international standards because they did not meet some of the necessary elements of the definition of a "standard" in Annex 1.2 of the TBT. Agreement, including being a "document" providing product claims "for common and repeated use".
Technical assistance and S&D treatment
Australia argued that its measures met all the conditions to benefit from such a presumption, including because: (i) certain guidelines adopted by the parties to the Framework Convention on Tobacco Control (FCTC) – a convention under the auspices of the WHO was accepted - established.
Technical assistance
S&D treatment
Other provisions of the Agreement containing S&D aspects include Articles 2.12 and 5.9 (establishing "reasonable intervals" for entry into force of technical regulations and CAPs) and Article 11.8 (TA to LDCs as a priority).
What support is available for developing countries?
These elements have been further elaborated by the decisions and recommendations of the TBT Commission (see page 77). The TBT Inquiry Point Guide (available at: https://www.wto.org/english/tratop_e/ .tbt _e/tbt _enquir y _point _guide_e.pdf) contains further explanations and examples regarding transparency provisions and procedures.
Notifications
One of them recommends that members go beyond their minimum obligation to notify all regular regulations as drafted and also notify the final texts of these measures when they are Figure 5: Deciding what to notify.
Submitting notifications to the WTO
Detailed information on what, how and when to notify is included in the WTO TBT Inquiry Point Guide, which is available online on the TBT portal at: https://www.wto.org/.
Statements on implementation
Enquiry point
Publication
It is also recommended that members notify the availability of the accepted text as an appendix to the original notice.
Standards
Accessing information on TBT measures online
The WTO ISO Standards Information Gateway, maintained by the ISO Secretariat, contains information on the standardizing bodies that have adopted the WTO TBT Code of Good Practice and their work programmes.
TBT Committee
Review of specific measures
Discussions of concerns contribute to a better understanding by WTO members of the rationale behind other members. Nevertheless, if trade issues cannot be resolved at committee level, delegations are not precluded from using formal WTO dispute settlement procedures (see Figure 9).
Strengthening implementation
For example, in 2000 the Committee developed guidance on international standards (see page 98) and later on conformity assessment (see page 89). During the 2018 review, the Committee considered issues such as CAPs, good regulatory practice, standards and TA.
The Committee’s discussions on how to improve regulations
For example, the Committee has adopted formats for different types of notifications, agreed on the coherent use of these formats (see G/TBT/35/Rev.1) and recommended the notification of final versions of the regulations. Therefore, incorporating the transparency processes of the TBT Agreement into the regulatory life cycle of a specific measure is a powerful tool to promote the GRP, which has transparency and consultation among its fundamental components.
The need to improve international cooperation on regulation
Quality
Lack of international recognition of their NQI multiplies costs and undermines confidence in export quality and safety. Box 6: Common agricultural policies – addressing a source of trade problems 7 The work of the TBT Committee shows that a pillar of quality.
Disputes brought
If there is uncertainty that the product (or part thereof) meets the underlying requirements, trade can be negatively affected: is the helmet actually safe? Although quality infrastructure is crucial for accessing market opportunities through international trade, policymakers do not always consider it a priority.
TBT Agreement
Confidence in the quality and safety of products – and their components – is a prerequisite for participation in value chains. Full information on all 55 disputes containing at least one TBT claim can be found on the WTO website (go to www.wto.org/disputes, click on "Find Disputes" in the left menu, click on "under the WTO Agreement" and then click on " Technical Barriers to Trade (TBT)").
End notes
Agreement on Technical Barriers to Trade
Article 1
General Provisions
Technical Regulations and Standards
Article 2
Preparation, Adoption and Application of Technical Regulations by Central Government Bodies
Article 3
Preparation, Adoption and Application of Technical Regulations by Local Government Bodies and Non-Governmental Bodies
Article 4
Preparation, Adoption and Application of Standards
Preparation, adoption and application of technical regulations by local and non-governmental bodies. The obligations of members regarding the compliance of standardization bodies with the provisions of the Code of Good Practice apply regardless of whether the standardization body has adopted the Code of Good Practice or not.
Conformity with Technical Regulations and Standards
Article 5
Procedures for Assessment of Conformity by Central Government Bodies
Article 6
Recognition of Conformity Assessment by Central Government Bodies
Article 7
Procedures for Assessment of Conformity by Local Government Bodies
Article 8
Procedures for Assessment of Conformity by Non-Governmental Bodies
Article 9
International and Regional Systems
Information and Assistance
Article 10
Information about Technical Regulations, Standards and Conformity Assessment Procedures
Article 11
Technical Assistance to Other Members
Article 12
Special and Differential Treatment of Developing Country Members
It is further recognized that the specific development and trade needs of developing country Members and their level of technological development may impede their ability to fully meet their obligations under this Agreement. The Committee takes into account in particular the special problems of the least developed Member States.
Institutions, Consultation and Dispute Settlement
Article 13
The Committee on Technical Barriers to Trade
Article 14
Consultation and Dispute Settlement
Final Provisions
Article 15
Taking into account, among other things, the experience gained in the implementation of the Agreement, the Committee will, as appropriate, submit to the Council for Trade in Goods proposals for changes to the text of this Agreement.
Annex 1
TERMS AND THEIR DEFINITIONS FOR THE PURPOSE OF THIS AGREEMENT
- Technical regulation
- Standard
- Conformity assessment procedures
- International body or system
- Regional body or system
- Central government body
- Local government body
- Non-governmental body
- Annex 2
The central government, its ministries and departments or any body under the control of the central government in relation to the activity in question. A government other than a central government (e.g. states, provinces, federated states, cantons, municipalities, etc.), its ministries or departments or any body under the control of such a government in relation to the activity in question.
TECHNICAL EXPERT GROUPS
Annex 3
CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND APPLICATION OF STANDARDS
Substantive provisions
Also, the regional standardization body will make every effort to avoid duplicating or overlapping the work of the relevant international standardization bodies. At the request of any interested party within the territory of a WTO member, the standardization body shall promptly provide, or arrange to provide, a copy of a draft standard which it has submitted for comment.
Decisions and recommendations adopted
NOTE BY THE SECRETARIAT 1
Revision
Contents
Decisions and Recommendations Adopted
6 Format for the Voluntary Notification of Specific Technical Assistance Needs or Responses
Rules of Procedure for the Meetings
Decisions and Recommendations Adopted
1 Good Regulatory Practice
Decisions and recommendations
If a technical regulation is required, it will comply with the relevant provisions of the Agreement, including Articles 12.3 and 12.7;. In 2000, in order to assist the implementation of the relevant provisions of the Agreement, the Committee agreed to repeat points 1.2 a.
Events
In order to continue its work on GRP, the Committee agreed as follows in 201811: i.
2 Regulatory Cooperation between Members
Decisions and recommendations
Events
3 Technical Regulations
Decisions and recommendations
4 Conformity Assessment
Decisions and recommendations
In 2000, the Committee established an indicative list describing different approaches to facilitate the acceptance of conformity assessment results. Indicative List” (Second Triennial Review), members will continue to exchange information on approaches that can facilitate the acceptance of conformity assessment results.
Events
5 Standards
Decisions and recommendations
In order to keep abreast of the activities of such bodies and systems, the Committee agreed72: i. In 2000, the Committee adopted a Decision on Principles for the Development of International Standards, Guides and Recommendations in relation to Articles 2, 5 and Annex 3 of the TBT Agreement.
Events
6 Transparency
General
- Decisions and recommendations
Statement on Implementation and Administration of the TBT Agreement (Article 15.2)
- Decisions and recommendations
- Documents
- Events
Member statements on the implementation and management of the agreement are contained in series G/TBT/2/Add.109.
Notifications of Technical Regulations and Conformity Assessment Procedures
- Decisions and recommendations .1 General
- Timing of Notifications
- Submission of Notifications (Format and Guidelines)
- Notification of Labelling requirements
- Notifications of Proposed Technical Regulations and Conformity Assessment Procedures of Local Governments at the Level Directly
- Regional approaches to notification of technical regulations and conformity assessment procedures
- Length of time allowed for comments
- Handling of comments
- Timing of Entry into Force of Technical Regulations
- Follow-up
- Monthly Listing of Notifications Issued by the WTO Secretariat a. In 2000, the Committee agreed on the following with a view to providing a brief
- Documents
- Events
The agreed version of the format and guidelines for submitting notices is contained in Annex 3.2 (on page 161 of this document).115. Members are also encouraged to prepare their responses in one of the three official languages of the WTO; and.
Notifications related to Standards
- Decisions and recommendations
- Notification of the Acceptance of, or Withdrawal from, the Code of Good Practice (Paragraph C)
- Publishing of a Notice (Paragraph L)
- Documents
- Events
The agreed format for informing the ISO/IEC Information Center about the existence of the work program is in Annex 7 (on page 186 of this document). This Memorandum of Understanding established the WTO-ISO Information System on Standardization Bodies in accordance with paragraphs C and J of the Code of Good Practice.
Notification under Article 10.7 of the TBT Agreement
- Decisions and recommendations
- Documents
Dissemination of Information
- Publication
- Decisions and recommendations
- Documents
- Events
- Texts of Notified Technical Regulations and Conformity Assessment Procedures
- Decisions and recommendations
- Provision of Translations
- Decisions and recommendations
- Documents
- Events
- Online Tools
- Decisions and recommendations
- Events
This can be achieved, for example, through a hyperlink to the assessment in box 8 of the notification template or by including the assessment in the draft measure itself. The system contains information on all types of notifications under the TBT Agreement, such as notifications on technical regulations and conformity assessment procedures, notifications on agreements under Article 10.7 and notifications made under Section C of the TBT Agreement Code of Good Practice.
Enquiry Points
- Establishment of Enquiry Points
- Decisions and recommendations
- Documents
- Functioning of Enquiry Points .1 Decisions and recommendations
- Events
- Booklets on Enquiry Points .1 Decisions and recommendations
- Events
On September 14, 1998, a Second Workshop and Special Meeting on Information Exchange Procedures was held, which included discussions on the operation of investigative points.229. The Eighth Special Meeting for Information Exchange Procedures was held on November 8, 2016, where the operation of investigative points was discussed. 235 h.
Special Meetings on Procedures for Information Exchange
- Decisions and recommendations
- Events
7 Technical Assistance
Decisions and recommendations
Other members are invited to contribute to the technical assistance process by sharing their experience in the implementation and operation of the Agreement. In 2012, the Committee reiterated the importance of increasing the effectiveness of the delivery and receipt of TBT technical assistance and capacity and agreed265: i.
Documents
Events
8 Special and Differential Treatment
Decisions and recommendations
Events
9 Operation of the Committee
Review of Specific Trade Concerns
- Decisions and recommendations
- Documents
In 2017 and 2018, Members will continue to hold thematic sessions as necessary in accordance with the decisions and recommendations submitted to the Committee. The full set of procedures for including specific trade issues in the Committee's annotated draft agenda is contained in G/TBT/43.
Annexes to Part 1
1 Indicative List of Approaches to Facilitate Acceptance of the Results of Conformity Assessment
- Mutual Recognition Agreements (MRAs)
- Cooperative (Voluntary) Arrangements between Domestic and Foreign Conformity Assessment Bodies
- The Use Of Accreditation To Qualify Conformity Assessment Bodies
- Government Designation
- Unilateral Recognition of Results of Foreign Conformity Assessment
- Manufacturer’s/Supplier’s Declarations (SDoC)
Manufacturer/supplier declaration of conformity is a procedure by which a supplier (as defined in ISO/IEC Guide 22:1996, a supplier is the party supplying the product, process or service and may be a manufacturer, distributor, importer, assembler , service organization, etc.) provides a written guarantee of conformity with the specified requirements. The declaration identifies the party responsible for making the declaration of conformity and for the conformity of the product/process/service itself.
2 Decision of the Committee on Principles for the Development of International Standards, Guides
- Transparency
- Openness
- Impartiality and Consensus
- Effectiveness and Relevance
- Coherence
- Development Dimension
Any interested member of the international standardization body, including especially developing member countries, with an interest in a specific standardization activity should be given meaningful opportunities to participate in all phases of standards development. This illustrates the importance of participating in the international standardization process by accommodating all relevant interests.
3 Format and Guidelines for Notification Procedures for Technical Regulations and Conformity
Assessment Procedures
Recommendation of the Committee on Coherent Use of Notification Formats
Revision members must use a revision to indicate that the notified measure has been substantially revised prior to adoption or entry into force. Supplement Members must use a supplement to notify the availability of unofficial translations of notified measures.6.
Format and Guidelines for New Notification
Format
NOTIFICATION 7
- Guidelines
- Title and number
- Description
- Objective and rationale, including
- Proposed dates of adoption and entry
- Texts available from 9
- Format for Addenda
The responsible body of the Agency that elaborates a proposal for or promulgates a technical regulation or conformity assessment procedure. A clear, comprehensible description setting out the main features of the proposed or approved regulation or technical procedures for conformity assessment is important for delegations and translators to understand the notification.
NOTIFICATION Addendum
Format for Corrigenda
NOTIFICATION Corrigendum
Format for Revision
NOTIFICATION 10 Revision
- Format for Supplements (Unofficial Translations)
AVAILABILITY OF TRANSLATIONS Note by the Secretariat 11
TRADUCTIONS DISPONIBLES Note du Secrétariat 11
ACCESO A TRADUCCIONES Nota de la Secretaría 11
AVAILABILITY OF TRANSLATIONS Note by the Secretariat 12
TRADUCTIONS DISPONIBLES Note du Secrétariat 12
ACCESO A TRADUCCIONES Nota de la Secretaría 12
Notification Format under Article 10.7
NOTIFICATION
5 Booklets on Enquiry Points
Who can use the enquiry point(s)
Information available from enquiry point(s)
Facilities offered (including charges, if any)
6 Format for the Voluntary Notification of
Specific Technical Assistance Needs or Responses
VOLUNTARY NOTIFICATION
OF SPECIFIC TECHNICAL ASSISTANCE NEEDS OR RESPONSES
7 Format for Notifications Related to the Code of Good Practice for the Preparation, Adoption
Notification of acceptance of the WTO TBT Code of Good Practice (Paragraph C) to the WTO Secretariat
Notification of acceptance and of existence of work programme under the WTO TBT Code of Good Practice (Paragraph C and J)
PURSUANT TO PARAGRAPH C OF THE WHO TBT* CODE OF GOOD PRACTICE (Notification of Withdrawal from the WTO TBT Code of Good Practice). UNDER PARAGRAPH J OF THE WTO TBT* CODE OF GOOD PRACTICE (Notification of Existence of Work Programme).
Rules of Procedure for the Meetings of the WTO Committee
Decision
Meetings
Rule 1
Rule 2
Agenda
- Rule 3
- Rule 4
- Rule 5 (Will not apply)
- Rule 7
Documentation for consideration at a meeting must be circulated no later than the day on which notice of the meeting is to be issued. The first item of business at each meeting is the consideration and approval of the agenda.
Representation
Rule 8
Requests for the inclusion of items on the agenda of the next meeting shall be sent in writing to the secretariat together with the accompanying documentation issued in connection with this item. The committee may change the agenda or give priority to certain items at any time during the meeting.
Rule 9
Representatives can propose changes to the proposed agenda or additions to the agenda under 'Other matters'. Representatives shall, where possible, inform the chairman or the secretariat, and the other members directly involved, in advance of topics that will be discussed under “Other matters”.
Observers
Rule 10
Officers
Rule 15
Conduct of Business
- Rule 16
- Rule 17
- Rule 18
- Rule 19
- Rule 20
- Rule 21
- Rule 22
- Rule 23
- Rule 24
- Rule 25
- Rule 26
- Rule 27
- Rule 28
- Rule 29
- Rule 30
- Rule 31
- Rule 32
In addition to the submitter of the proposal, one representative in favor of the proposal and two representatives against the proposal may speak, after which the proposal will immediately be submitted for decision. The chairman may, with the agreement of the meeting, limit the time allowed for each speaker.
Decision-Making
Will not apply)
If two or more proposals relating to the same issue are moved, the meeting must first decide on the most far-reaching proposal and then the second most far-reaching proposal and so on. When two or more amendments are moved to a motion, the meeting shall first consider the amendment that is most removed from the original motion, then, if necessary, the amendment that is the next furthest removed, and so on until all the amendments have been moved. for decision.
Languages
Rule 35
Records
Rule 36
Publicity of Meetings
Rule 37
Rule 38
Revision
Rule 39
Annex A
Guidelines for Observer Status for Governments in the WTO
Annex B
Guidelines for Observer Status for International Intergovernmental Organizations in the WTO 1
Representatives of organizations granted observer status may be invited to speak at meetings of the bodies to which they are normally observers, after members of that body have spoken. If the observer organization has not participated for a period of one year after the date of grant of observer status, this status ceases.
Observers in the TBT Committee
List of abbreviations
List of boxes, figures and tables
The opinions expressed and arguments used herein do not necessarily reflect the opinions or views of WTO Members.
