1. 1 The WTO Agreement on Technical Barriers to Trade Basic Concepts and Member Obligations

2. 2 What are technical barriers to trade (TBTs)? Rules, requirements and specifications for imported products Requirements that all imported fresh fruits meet Grade A (highest) quality specifications Requirements that imported products have written instructions and safety warnings in the local language Requirements that imported mineral water be in green plastic bottles

3. 3 Why are TBTs of interest to the WTO? Rules, requirements and specifications for imported products can effectively limit or even prohibit importation of products Registration (approval) prior to circulation Slow and/or excessive certification requirements

4. 4 What does the Agreement do? Imposes: Discipline on the use of rules, requirements and specifications for goods Transparency in the process of developing and applying TBTs Uniformity in conformity assessment procedures

5. 5 Application of the Agreement The Agreement applies to: –Industrial products –Agricultural products Except for: –Specifications for products for the purpose of government procurement –Sanitary and phytosanitary measures

6. 6 Coverage of the Agreement Standards Technical regulations Conformity assessment procedures

7. 7 What is a standard? A document approved by a recognized body that provides for: common and repeated use, rules, guidelines or characteristics for products or related processes and production methods use, and compliance, is voluntary

8. 8 Standards: general provisions Must apply the “Code of Good Practice for the Preparation, Adoption and Application of Standards” Central governments must ensure application of the Code by: –local government –non-governmental standardizing bodies –regional standardizing bodies in their territory

9. 9 Unconditional acceptance of standards Standardizing bodies that have accepted and are complying with the Code of Good Practice shall be acknowledged as complying with the principles of the Agreement that apply to standards

10. 10 The Code of Good Practice Requires publication of the standardization program at least once every 6 months Specific requirements, which are in Annex 3 of the Agreement, are similar to those for technical regulations (see following discussion )

11. 11 What are technical regulations? A document (legal act), for which compliance is mandatory, that: establishes product characteristics or related processes and production methods includes applicable administrative provisions

12. 12 Disciplines applicable to technical regulations National treatment (same treatment for imported and like domestic goods) May not be used to hinder trade or create unnecessary obstacles to trade May not be more trade restrictive than necessary to fulfil a legitimate objective, taking into account the risks non-fulfilment would create

13. 13 Disciplines (continued) Technical regulations may not be maintained if: the circumstances or objectives underlying their adoption no longer exist OR changed circumstances or objectives can be addressed in a less trade-restrictive manner

14. 14 Disciplines (continued) Technical regulations must be specified based on product performance, not design or descriptive characteristics Regulations of exporting Members should be accepted as equivalent to those in the importing country even if they differ –The exporting country bears the burden of proving equivalence

15. 15 Developing technical regulations International standards must be the basis for technical regulations BUT, if an internationally recommended standard is ineffective or inappropriate for fulfilling legitimate objectives, a higher standard may be used –Ineffectiveness or inappropriateness may occur for fundamental climatic or geographical factors or fundamental technological problems

16. 16 Legitimate objectives for technical regulations The Agreement explicitly mentions: –National security –Prevention of deceptive practices –Protection of human health or safety –Protection of animal or plant life or health –Protection of the environment Other objectives commonly accepted: –Protection/promotion of morals –Religious requirements

17. 17 Unconditional acceptance of technical regulations When a technical regulation is prepared, adopted or applied for one of the legitimate objectives mentioned in the Agreement … AND is in accordance with relevant international standards, then … It is presumed to not create an unnecessary obstacle to international trade 

18. 18 WTO Members must … Participate, to the extent possible, in the preparation of international standards When requested, justify the need for a technical regulation Notify most new or changed technical regulations

19. 19 Draft technical regulations must be notified if … a relevant international standard does not exist … OR … the technical content is not in accordance with the content of relevant international standards … AND the technical regulation may have a significant effect on trade of other Members

20. 20 Notification requirements Publish notice that a technical regulation is proposed Notify Members of the covered products Notify at an early (draft) stage Upon request, provide copies of the proposed regulation and identify deviations from international standards

21. 21 Notification requirements (continued) Must allow sufficient time for Members to make comments in writing (60 days) Must discuss these comments upon request Must take written comments and results of discussions into account when finalizing the technical regulation

22. 22 After adopting a technical regulation All adopted technical regulations must be made available (published promptly) to allow others to become acquainted with them Except in urgent circumstances, or when a new or revised technical regulation reduces barriers to trade, the time between publication and entry into force must at least 6 months

23. 23 Technical regulation of urgent problems When urgent problems of safety, health, or environmental protection or national security arise or threaten to arise, notification obligations may be omitted This means a technical regulation may be immediately adopted … but … Members must be notified and upon request, given copies of the regulation

24. 24 After adopting an emergency regulation Comments and requests for discussions about such comments must be accepted and undertaken Written comments and the results of discussions must be taken into account. In practice, this means that emergency technical regulations should be reviewed 3-6 months after adoption 

25. 25 What are conformity assessment procedures? Any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled, including: Procedures for sampling, testing and inspection; Evaluation, verification and assurance of conformity; Registration, accreditation and approval.

26. 26 Developing conformity assessment procedures International guidelines or recommendations, if they exist or their completion is imminent, must be used as the basis for national procedures unless international guides or recommendations are inappropriate Inappropriateness must be justified

27. 27 When are international conformity assessment guides inappropriate? Inappropriateness may be due to: Legitimate objectives of technical regulations National security requirements Prevention of deceptive practices Protection of human health or safety, animal or plant life or health, or the environment Fundamental climatic or other geographical factors Fundamental technological or infrastructural problems

28. 28 Conformity assessment procedures must … Allow access to procedures by suppliers of imported products under conditions no less favourable than for suppliers of like national products or suppliers of any other country “ Access” includes suppliers' right to conformity assessment under the rules of the procedure, including the possibility to have assessment undertaken at the site of its facilities and to receive the conformity mark of the system

29. 29 Conformity assessment procedures … May not be used to hinder trade or create unnecessary obstacles to trade May not be more trade restrictive than necessary to give adequate confidence that products conform with technical regulations (standards), taking into account risks non- conformity would create

30. 30 Conformity assessment procedures must … Be undertaken and completed: –as quickly as possible –in no less favourable order for imported products than for like domestic products The standard processing period of each procedure must be published or the anticipated processing period is, upon request, communicated to the applicant

31. 31 Rules for conformity assessment procedures apply to … Applications for conformity assessment Processing of applications Communication of results of conformity assessment Provision of information to the applicant regarding stage of the procedure

32. 32 Information requirements must be limited to that necessary Confidentiality of information about products must be respected and commercial interests must be protected, regardless of origin of the product Fees for products of foreign and domestic origin must be equitable, except for spatial factors (e.g., transportation costs) The siting of facilities and sample selection must not cause unnecessary inconvenience Rules for conformity assessment procedures

33. 33 Rules for conformity assessment procedures Complaint procedures must be available: Process for applicants to lodge complaints (appeal decisions) Process for evaluation of the complaint and, when justified, taking corrective action Administrative appeals process first, then court 

34. 34 Rules for conformity assessment procedures If a product is changed after conformity with relevant technical regulations (standards) has been verified … Conformity assessment procedures for the changed product must be limited to that necessary to determine whether adequate confidence exists that the product still meets the requirements

35. 35 Recognition of foreign conformity assessment procedures Whenever possible, results of foreign conformity assessment procedures must be accepted, even when such procedures differ Foreign procedures should assure conformity with applicable technical regulations or standards equivalent to domestic (national) procedures

36. 36 Member responsibilities Must participate, to the extent possible, in the preparation of international guides and recommendations for conformity assessment procedures Must notify other Members of draft conformity assessment

37. 37 Notification of draft conformity assessment procedures Notification is required if: a relevant international recommendation does not exist … OR … the technical content of a proposed procedure is not in accordance with relevant international recommendations … AND the procedure may have a significant effect on trade of other Members

38. 38 Notification obligations are similar to those for technical regulations Publish notice that a conformity assessment procedure is proposed Notify Members at an early (draft) stage of the products to be covered and provide a summary of the objective and rationale Upon request, provide copies of the proposed procedure and identify deviations from relevant international guides or recommendations Allow sufficient time for Members to make comments in writing (at least 60 days)

39. 39 Finalizing and adopting new procedures Must discuss Member comments upon request Must take written comments and results of discussions into account when finalizing the proposed conformity assessment procedure All adopted procedures must be published promptly The time between publication and entry into force must be at least 6 months except in urgent circumstances or when the new procedure reduces barriers to trade

40. 40 Conformity assessment procedures and urgent problems When urgent problems of safety, health, or environmental protection or national security arise or threaten to arise, procedures may be immediately adopted Adoption must be followed by notification Members must, upon request, be given copies of the regulation Comments from Members must be accepted Written comments and the results of discussions must be taken into account

41. 41 Non-governmental conformity assessment bodies To the extent possible, must ensure that non- governmental bodies within the territory of the country which operate conformity assessment procedures comply with the provisions regarding such procedures (except notification requirements)

42. 42 Other provisions: enquiry and notification points Each Member must: Establish an enquiry point (or points) to respond to reasonable enquiries from other Members and interested parties in other Members and provide relevant documents Establish a single notification point to implement notification obligations

43. 43 Other provisions: technical assistance Technical assistance, on mutually agreed terms and conditions, is to be provided by Members regarding: establishment of national standardizing bodies, regulatory bodies, or bodies for the assessment of conformity; methods by which their technical regulations can best be met; and participation in international standardizing bodies.

44. 44 Thank you!