World Trade Organization Technical Barriers To Trade Agreement

Filed under:Uncategorized — posted by admin on December 22, 2020 @ 11:54 am

Unjustified barriers to trade may arise when (i) a regulation is more restrictive than necessary to achieve a specific political objective, or (ii) if it does not meet a legitimate objective. A regulation is more restrictive than necessary if the objective pursued can be achieved by alternative measures with less restrictive effects on trade, taking into account the risks that would result from non-compliance with the objective. The elements that members can use for risk assessment are available technical and scientific information, technology or end-uses of products. Article 2.2 of the agreement states that legitimate objectives include: national security requirements, prevention of deceptive practices, protection of human health or safety, protection of animal and plant life or health or the environment. 2.9.1 publish a timely notice in a publication allowing interested parties of other members to familiarize themselves with a specific technical regulation; 2.6 With a view to harmonizing technical regulations as broadly as possible, members play a full role in the development of international standards for products by international standards bodies appropriate for the products they have adopted or are waiting to adopt. 2. Participation in technical expert groups is limited to people with professional experience in the field in question. The TBT agreement can be divided into five parts. The first part defines the scope of the agreement, which does not include “industrial and agricultural products” but not sanitary and plant health measures. The second part outlines the obligations and principles of technical rules. The third part deals with compliance and compliance assessment. The fourth part deals with information and assistance, including the obligation for nations to help each other in the development of technical provisions.

Finally, the fifth part provides for the creation of the Technical Barriers to Trade Committee and sets out dispute resolution procedures. 5. Parties to the dispute have access to all relevant information available to a group of technical experts, unless it is confidential. Confidential information made available to the technical group cannot be disclosed without the formal permission of the government, the organization or the person providing it. If such information is requested by the technical expert group, if the technical expert group does not authorize the disclosure of this information, a non-confidential summary of the information is provided by the government, the organization or the person providing it. keen to ensure that technical rules and standards, including packaging, labelling and labelling requirements, and procedures for assessing compliance with technical rules and standards do not create unnecessary barriers to international trade; The Technical Barriers to Trade Agreement (CTA) aims to ensure that technical rules, standards and compliance assessment procedures are not discriminatory and do not create unnecessary barriers to trade. At the same time, it recognizes the right of WTO members to implement measures to achieve legitimate policy objectives, such as protecting the health and safety of individuals or protecting the environment. The TBT agreement urges members to base their efforts on international standards to facilitate trade.

Its transparency provisions also aim to create a predictable business environment. The process that leads to the preparation of an international standard can be time-consuming and costly. Consensus on technical details can take several years.

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image: detail of installation by Bronwyn Lace