Describe The Various Provisions Of The Agreement On Technical Barriers To Trade

7. Dezember 2020

This decision has been criticized for over-extending the term „mandatory,“ making the distinction between technical rules and standards meaningless. [6] Where international standards exist, members use them as the basis for their technical regulations, standards and compliance assessment procedures, unless, in certain circumstances (e.g. B for climatic or technological reasons), their use is either inadequate or ineffective to achieve the objective pursued (s. 2.4, 5.4 and Appendix 3.D). [2] – Introduction to WTO rules on technical barriers to trade and understanding of the OTC 2 agreement. Participation in technical expert groups is limited to people with professional experience in the field. A technical regulation is a document that sets binding conditions. Measures may include terminology, symbols, packaging or labelling requirements and may apply to a product, process or manufacturing process. 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. 2.9.3, at the request of other members, to provide information or copies of the proposed technical regulation and, where possible, to identify parties that deviate essentially from relevant international standards; 12.7 In accordance with Article 11, Member States provide technical assistance to developing countries to ensure that the development and application of technical rules, standards and compliance assessment procedures do not create unnecessary barriers to the expansion and diversification of developing countries` exports.

In defining the conditions for technical assistance, the level of development of the applicant members, and in particular the least developed countries, is taken into account. 9.3 Members ensure that their central authorities rely on international or regional compliance assessment systems only to the extent that these systems comply with the provisions of Articles 5 and 6. However, Article 2.5 provides that technical standards, when they serve one of the legitimate objectives of Article 2.2 and believe, in accordance with relevant international standards, that they are not contrary to Article 2.2. [2] (PDF here.) The panel and appeal body in the Tuna-Dolphin GATT case (I and II) considered the U.S. dolphin-proof tuna labelling measures to be a technical regulation. The requirements for the sale of tuna in the United States were not mandatory, but the requirements were mandatory for safe dolphin certification. The appellate body stated that the requirement was binding and therefore de jure, as the United States did not provide other methods for obtaining safe dolphin etiquette. It is clear from this decision that measures to obtain a monopoly on a given label are considered technical rules, but the test is on a case-by-case basis. [5] 12.3 In the development and application of technical rules, standards and compliance assessment procedures, members take into account the specific development, financing and trade needs of developing countries to ensure that these technical rules, standards and compliance assessment procedures do not create unnecessary barriers to exporting from developing countries.