Tbt Agreement Scope

Under Article 1, this agreement covers all industrial and agricultural products, with the exception of services, sanitary and phytosanitary measures (as defined in the agreement on the application of sanitary and phytosanitary measures) and « procurement specifications established by public authorities for the production or consumption requirements of the State » (Article 1.4). [2] The scope of the OBT is the material scope (including measures), the personal scope (to whom the measures apply) and the scope over time. The TBT aims to ensure that technical regulations, standards, testing and certification procedures do not create unnecessary barriers to trade. The agreement prohibits technical requirements created to restrict trade, unlike technical requirements created for legitimate purposes such as consumer or environmental protection. [1] Its objective is to avoid unnecessary obstacles to international trade and to grant all WTO members recognition of the protection of legitimate interests in accordance with their own regulatory autonomy, although the application of international standards is encouraged. The list of legitimate interests which may justify a restriction of trade is not exhaustive and covers the protection of the environment, health and safety of humans and animals. [1] Annex 1.1 provides that the technical requirements apply to « product characteristics or associated production processes and methods », meaning that this does not apply to NPLs. However, in Annex 1.1 and the second sentence of 1.2, the word « parent » is deleted, indicating that technical requirements may apply to labelling. Some scientists argue that the second sentence is read in the context of the first sentence and should therefore be tightened. [3] In the GATT cases, the Tuna Dolphin Group (I and II) did not clarify this issue, but found, in this case, that dolphin safety labelling was a technical regulation under the second sentence. As a result, the labelling of NPRP-PPM products now falls within the scope of the technical regulations. [5] The OBT agreement can be divided into five parts.

The first part defines the scope of the agreement, which includes « all products, including industrial and agricultural products », but not sanitary and phytosanitary measures. The second part sets out the obligations and principles relating to technical regulations. The third part deals with conformity and conformity assessment. Part FOUR deals with information and assistance, including the obligation of nations to assist each other in the development of technical regulations. Finally, Part Five provides for the establishment of the Committee on Technical Barriers to Trade and defines the procedures for the settlement of disputes. The WTO OEE agreement stems from the GATT « Code of Standards », which entered into force 40 years ago. On the occasion of this anniversary, the WTO`s Department of Trade and Environment is organizing a series of dialogues on OEE-related issues. The Agreement on Technical Barriers to Trade (TBT) aims to ensure that technical rules, standards and conformity 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 aimed at achieving legitimate policy objectives such as the protection of human health and human security or the protection of the environment. . . .