international standards and the tbt agreement ludivine tamiotti wto, trade and environment division...
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International Standards and the TBT Agreement
Ludivine Tamiotti
WTO, Trade and Environment Division
Legal Affairs Officer
TBT Article 1.3“All products, including industrial and agricultural products, shall be subject to the provisions of this Agreement.”
What products are subject to TBT provisions?
TBT applies to ....
What products are subject to TBT provisions?
TBT does not apply to
Sanitary and phytosanitary
(SPS) measures
Sanitary and phytosanitary
(SPS) measures
Purchasing specifications prepared
by governments
Purchasing specifications prepared
by governments
Regulations and standards related
to services
Regulations and standards related
to services
Applicability of the TBT Agreement
Technical RegulationTechnical Regulation
Mandatory Measures
Mandatory Measures
StandardStandard
Voluntary Measures
Voluntary Measures
Conformity Assessment ProcedureConformity Assessment Procedure
Technical Regulation
TBT Annex 1.1
It lays down product characteristics
It lays down product characteristics
Compliance is mandatoryCompliance is mandatory
...or their related processes and production methods
...or their related processes and production methods
Technical Regulation
TBT Annex 1.1
terminology requirements terminology requirements
packaging requirements packaging requirements
symbols requirements symbols requirements
marking requirements marking requirements
labelling requirements labelling requirements
TBT Annex 1.2
Approved by a Recognized Body
Approved by a Recognized Body
Provides, for common and repeated use, rules, guidelines or characteristics for products
or related processes and production methods
Provides, for common and repeated use, rules, guidelines or characteristics for products
or related processes and production methods
Compliance is voluntaryCompliance is voluntary
Standard
To determine that relevant requirements in technical regulations
or standards are fulfilled
To determine that relevant requirements in technical regulations
or standards are fulfilled
What for ?What for ?
TBT Annex 1.3
Conformity Assessment Procedure
Evaluation, verification and assurance of conformityEvaluation, verification and assurance of conformity
What kind ?
Sampling, testing and inspectionSampling, testing and inspection
Registration, accreditation and approvalRegistration, accreditation and approval
...as well as their combinations
TBT Annex 1.3
Conformity Assessment Procedure
Philosophy of the TBT Agreement
Right to Take Regulatory Measures
Avoid Unnecessary Obstacles to Trade
Core Disciplines
AvoidDiscriminationDiscrimination
Unnecessary Obstacles to TradeUnnecessary Obstacles to Trade
Using
HarmonizationHarmonization
EquivalenceEquivalence
Mutual Recognition of Conformity Assessment Results
Mutual Recognition of Conformity Assessment Results
TransparencyTransparency
Non-Discrimination
Treatment no Less Favourable toLike Products
Treatment no Less Favourable toLike Products
OriginatingOriginating
Of national originOf national origin
National Treatment
From any other countryFrom any other country
Most-Favoured Nation (MFN)
Avoid unnecessary obstacles to trade
Create unnecessary obstacles to international trade
Create unnecessary obstacles to international trade
Technical Regulations, Standards, and Conformity Assessment Procedures
Must not be prepared, adopted or applied so as to
Must not be prepared, adopted or applied so as to
Avoid unnecessary obstacles to trade
Technical Regulations shall Not be more Trade
Restrictive than Necessary
to Fulfil a Legitimate Objective, taking Account
of the Risks Created by Non-Fulfilment
Avoid unnecessary obstacles to trade
Legitimateobjectives
National security requirements
Protection of animal or plant life or health
Protection of the environment
Prevention of deceptive practices
…Inter alia…
Protection of human health or safety
Harmonization Principle
The Preamble of the TBT Agreement
Development of International Standards is Encouraged
Development of International Standards is Encouraged
Benefits of Harmonization
Reduce costs and allow economies of scales
Reduce costs and allow economies of scales As producers do not have to
design and manufacture a product in many variations to
meet varying, different standards
As producers do not have to design and manufacture a
product in many variations to meet varying, different standards
Result in lower costs to consumers
Result in lower costs to consumers
Who may compare and chose from a larger number of
suppliers
Who may compare and chose from a larger number of
suppliers
Facilitate market accessFacilitate market accessAs the products conforming to
the same standards may be accepted more widely
As the products conforming to the same standards may be
accepted more widely
Benefits of Harmonization
Ease production and trading conditions for producers, importers and exporters
Ease production and trading conditions for producers, importers and exporters
Ultimately...
Minimize obstacles to international trade Minimize obstacles to international trade
Promote trade of developing countriesPromote trade of developing countries
The Harmonization Principle
2 key requirements
Members must use international standards, guidelines and
recommendations as a basis for their national TBT measures
Members must use international standards, guidelines and
recommendations as a basis for their national TBT measures
Members must participate in international standardizing
bodies
Members must participate in international standardizing
bodies
TBT Article 2.6
In the preparation by appropriate international international standardizing bodiesstandardizing bodies of international standards,
guides or recommendations
In the preparation by appropriate international international standardizing bodiesstandardizing bodies of international standards,
guides or recommendations
Products for which Members have adopted/expected to adopt technical regulations
Products for which Members have adopted/expected to adopt technical regulations
For What ?
Members shallshall play a full partMembers shallshall play a full part
Within the limits of their resourcesWithin the limits of their resources
International Standardizing Bodies ?
They are not explicitly recognized in the TBT Agreement
They are not explicitly recognized in the TBT Agreement
Decision of the TBT Committee at the Second Triennial Review
Principles for the Development of International Standards, Guides and Recommendations
Transparency
Impartiality and consensus
Openness
Coherence
Effectiveness and relevance
Development Dimension
Harmonization explained: Dispute “EC - Trade
Description of Sardines (Peru)”
Products at issue
2 small fish species
Sardina pilchardus(the “European Sardine”)
Sardina pilchardus(the “European Sardine”)
Sardinops sagax (the “Peruvian Sardine”)
Sardinops sagax (the “Peruvian Sardine”)
The measure at stake
Only fish from the species Sardina pilchardus can be marketed as sardines
Only fish from the species Sardina pilchardus can be marketed as sardines
EC Regulation laying down common marketing standards for preserved
sardines (1989)
The standard
Codex Stan 94 for canned sardines (1978)
The standard
Codex Stan 94 for canned sardines (1978)
TBT Article 2.4
Members shall use IS as a basis for their technical regulations
Members shall use IS as a basis for their technical regulationsThen
Technical regulations are requiredTechnical regulations are required
Relevant international standards (IS) existRelevant international standards (IS) exist
If +
When such IS would be an ineffective or inappropriate means
When such IS would be an ineffective or inappropriate means
ExceptThe fulfilment
of the legitimate objectives
The fulfilment of the legitimate
objectivesFor
NO
NO
Was Codex Stan 94 used as a basis for the EC Regulation?
Would Codex Stan 94 have been an ineffective or inappropriate means for the fulfilment of the legitimate
objectives pursued?
The EC Regulation is inconsistent with Article 2.4 of the TBT Agreement
The Panel & AB Findings
YESWas the EC Regulation a Technical Regulation?
YESWas Codex Stan 94 a Relevant International Standard?
Mutually Agreed Solution
EC Regulation No 1181/2003 of 2 July 2003 amending Council Regulation No 2136/89 laying
down common marketing standards for preserved sardines
Preserved sardine-type products may be marketed in the EC under a trade
description consisting of the word 'sardines' joined together with the
scientific name of the species
Preserved sardine-type products may be marketed in the EC under a trade
description consisting of the word 'sardines' joined together with the
scientific name of the species
Mutually Agreed Solution
EC Regulation No 1181/2003 of 2 July 2003 amending Council Regulation No 2136/89 laying
down common marketing standards for preserved sardines
International Standardsand the TBT Agreement
Ludivine Tamiotti
WTO, Trade and Environment Division
Legal Affairs Officer