Copyright 1995 NLCIFT
Title:AGREEMENT ON TECHNICAL BARRIERS TO TRADE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE
Having regard to the Multilateral Trade Negotiations,
Desiring to further the objectives of the GATT 1994;
Recognizing the important contribution that international
standards and conformity assessment systems can make in this
regard by improving efficiency of production and facilitating the
conduct of international trade;
Desiring therefore to encourage the development of such
international standards and conformity assessment systems;
Desiring however to ensure that technical regulations and
standards, including packaging, marking and labelling
requirements, and procedures for assessment of conformity with
technical regulations and standards do not create unnecessary
obstacles to international trade;
Recognizing that no country should be prevented from taking
measures necessary to ensure the quality of its exports, or for
the protection of human, animal or plant life or health, of the
environment, or for the prevention of deceptive practices, at the
levels it considers appropriate, subject to the requirement that
they are not applied in a manner which would constitute a means
of arbitrary or unjustifiable discrimination between countries
where the same conditions prevail or a disguised restriction on
international trade, and are otherwise in accordance with the
provisions of this Agreement.
Recognizing that no country should be prevented from taking
measures necessary for the protection of its essential security
interest;
Recognizing the contribution which international
standardization can make to the transfer of technology from
developed to developing countries;
Recognizing that developing countries may encounter special
difficulties in the formulation and application of technical
regulations and standards and procedures for assessment of
conformity with technical regulations and standards, and desiring
to assist them in their endeavours in this regard;
Members hereby agree as follows:
Article 1
General Provisions
1.1 General terms for standardization and procedures for
assessment of conformity shall normally have the meaning given to
them by definitions adopted within the United Nations system and
by international standardizing bodies taking into account their
context and in the light of the object and purpose of this
Agreement.
1.2 However, for the purposes of this Agreement the meaning of
the terms given in Annex 1 applies.
1.3 All products, including industrial and agricultural
products, shall be subject to the provisions of this Agreement.
1.4 Purchasing specifications prepared by governmental bodies
for production or consumption requirements of governmental bodies
are not subject to the provisions of this Agreement but are
addressed in the Agreement on Government Procurement, according
to its coverage.
1.5 The provisions of this Agreement do not apply to sanitary
and phytosanitary measures as defined in Annex A of the Agreement
on Sanitary and Phytosanitary Measures.
1.6 All references in this Agreement to technical regulations,
standards and conformity assessment procedures shall be construed
to include any amendments thereto and any additions to the rules
or the product coverage thereof, except amendments and additions
of an insignificant nature.
TECHNICAL REGULATIONS AND STANDARDS
Article 2
Preparation, Adoption and Application of Technical Regulations
by Central Government Bodies
With respect to their central government bodies:
2.1 Members shall ensure that in respect of technical
regulations, products imported from the territory of any Member
shall be accorded treatment no less favourable than that accorded
to like products of national origin and to like products
originating in any other country.
2.2 Members shall ensure that technical regulations are not
prepared, adopted or applied with a view to or with the effect of
creating unnecessary obstacles to international trade. For this
purpose, technical regulations shall not be more trade-
restrictive than necessary to fulfil a legitimate objective,
taking account of the risks non-fulfilment would create. Such
legitimate objectives are, inter alia, national security
requirements; the prevention of deceptive practices;
protection of human health or safety, animal or plant life or
health, or the environment. In assessing such risks, relevant
elements of consideration are, inter alia, available scientific
and technical information, related processing technology or
intended end uses of products.
2.3 Technical regulations shall not be maintained if the
circumstances or objectives giving rise to their adoption no
longer exist or if the changed circumstances or objectives can be
addressed in a less trade-restrictive manner.
2.4 Where technical regulations are required and relevant
international standards exist or their completion is imminent,
Members shall use them, or the relevant parts of them, as a basis
for their technical regulations except when such international
standards or relevant parts would be an ineffective or
inappropriate means for the fulfilment of the legitimate
objectives pursued, for instance because of fundamental climatic
or geographical factors or fundamental technological problems.
2.5 A Member preparing, adopting or applying a technical
regulation which may have a significant effect on trade of other
Members shall, upon the request of another Member, explain the
justification for that technical regulation in terms of the
provisions of paragraphs 2 to 4 of Article 2. Whenever a
technical regulation is prepared, adopted or applied for one of
the legitimate objectives explicitly mentioned in paragraph 2 of
Article 2, and is in accordance with relevant international
standards, it shall be rebuttably presumed not to create an
unnecessary obstacle to international trade.
2.6 With a view to harmonizing technical regulations on as wide
a basis as possible, Members shall play a full part, within the
limits of their resources, in the preparation by appropriate
international standardizing bodies of international standards for
products for which they either have adopted, or expect to adopt,
technical regulations.
2.7 Members shall give positive consideration to accepting as
equivalent technical regulations of other Members, even if these
regulations differ from their own, provided they are satisfied
that these regulations adequately fulfil the objectives of their
own regulations.
2.8 Wherever appropriate, Members shall specify technical
regulations based on product requirements in terms of performance
rather than design or descriptive characteristics.
2.9 Whenever a relevant international standard does not exist or
the technical content of a proposed technical regulation is not
in accordance with the technical content of relevant
international standards, and if the technical regulation may have
a significant effect on trade of other Members, Members shall:
2.9.1 publish a notice in a publication at an early
appropriate stage, in such a manner as to enable
interested parties in other Members to become
acquainted with it, that they propose to introduce
a particular technical regulation;
2.9.2 notify other Members through the MTO Secretariat
of the products to be covered by the proposed
technical regulation, together with a brief
indication of its objective and rationale; such
notifications shall take place at an early
appropriate stage, when amendments can still be
introduced and comments taken into account;
2.9.3 upon request, provide to other Members,
particulars or copies of the proposed technical
regulation and, whenever possible, identify the
parts which in substance deviate from relevant
international standards;
2.9.4 without discrimination, allow reasonable time for
other Members to make comments in writing, discuss
these comments upon request, and take these
written comments and the results of these
discussions into account.
2.10 Subject to the provisions in the lead-in to Article 2,
paragraph 9, where urgent problems of safety, health,
environmental protection or national security arise or threaten
to arise for a Member, that Member may omit such of the steps
enumerated in Article 2, paragraph 9, as it finds necessary
provided that the Member, upon adoption of a technical
regulation, shall:
2.10.1 notify immediately other Members through the MTO
Secretariat of the particular technical regulation
and the products covered, with a brief indication
of the objective and the rationale of the
technical regulation, including the nature of the
urgent problems;
2.10.2 upon request, provide other Members with copies of
the technical regulation;
2.10.3 without discrimination, allow other Members to
present their comments in writing, discuss these
comments upon request, and take these written
comments and the results of these discussions into
account.
2.11 Members shall ensure that all technical regulations which
have been adopted are published promptly or otherwise made
available in such a manner as to enable interested parties in
other Members to become acquainted with them.
2.12 Except in those urgent circumstances referred to in Article
2, paragraph 10, Members shall allow a reasonable interval
between the publication of a technical regulation and its entry
into force in order to allow time for producers in exporting
Members, and particularly in developing country Members, to adapt
their products or methods of production to the requirements of
the importing Member.
Article 3
Preparation, Adoption and Application of Technical Regulations
by Local Government Bodies and Non-Governmental Bodies
With respect to their local government and non-governmental
bodies within their territories:
3.1 Members shall take such reasonable measures as may be
available to them to ensure compliance by such bodies with the
provisions of Article 2, with the exception of the obligation to
notify as referred to in paragraphs 9.2 and 10.1 of Article 2.
3.2 Members shall ensure that the technical regulations of local
governments on the level directly below that of the central
government in Members are notified in accordance with the
provisions of Article 2, paragraphs 9.2 and 10.1, noting that
notification shall not be required for technical regulations the
technical content of which is substantially the same as that of
previously notified technical regulations of central government
bodies of the Member concerned.
3.3 Members may require contact with other Members, including
the notifications, provision of information, comments and
discussions referred to in paragraphs 9 and 10 of Article 2, to
take place through the central government.
3.4 Members shall not take measures which require or encourage
local government bodies or non-governmental bodies within their
territories to act in a manner inconsistent with the provisions
of Article 2.
3.5 Members are fully responsible under this Agreement for the
observance of all provisions of Article 2. Members shall
formulate and implement positive measures and mechanisms in
support of the observance of the provisions of Article 2 by other
than central government bodies.
Article 4
Preparation, Adoption and Application
of Standards
4.1 Members shall ensure that their central government
standardizing bodies accept and comply with the Code of good
practice for the preparation, adoption and application of
standards in Annex 3 to this Agreement. They shall take such
reasonable measures as may be available to them to ensure that
local government and non-governmental standardizing bodies within
their territories as well as regional standardizing bodies of
which they or one or more bodies within their territories are
members, accept and comply with this Code of good practice. In
addition, Members shall not take measures which have the effect
of, directly or indirectly, requiring or encouraging such
standardizing bodies to act in a manner inconsistent with the
Code of good practice in Annex 3. The obligations of Members
with respect to compliance of standardizing bodies with the
provisions of the Code of good practice shall apply irrespective
of whether or not a standardizing body has accepted the Code of
good practice.
4.2 Standardizing bodies that have accepted and are complying
with the Code of good practice in Annex 3 shall be acknowledged
by the Members as complying with the principles of this
Agreement.
CONFORMITY WITH TECHNICAL REGULATIONS AND STANDARDS
Article 5
Procedures for Assessment of Conformity by Central Government
Bodies
5.1 Members shall ensure that, in cases where a positive
assurance of conformity with technical regulations or standards
is required, their central government bodies apply the following
provisions to products originating in the territories of other
Members:
5.1.1 conformity assessment procedures are prepared,
adopted and applied so as to grant access for
suppliers of like products originating in the
territories of other Members under conditions no
less favourable than those accorded to suppliers
of like products of national origin or originating
in any other country, in a comparable situation;
access entails suppliers' right to an assessment
of conformity under the rules of the procedure,
including, when foreseen by this procedure, the
possibility to have conformity assessment
activities undertaken at the site of facilities
and to receive the mark of the system;
5.1.2 conformity assessment procedures are not prepared,
adopted or applied with a view to or with the
effect of creating unnecessary obstacles to
international trade. This means, inter alia, that
conformity assessment procedures shall not be more
strict or be applied more strictly than is
necessary to give the importing Member adequate
confidence that products conform with the
applicable technical regulations or standards,
taking account of the risks non-conformity would
create.
5.2 When implementing the provisions of paragraph 1 of Article
5, Members shall ensure that:
5.2.1 conformity assessment procedures are undertaken
and completed as expeditiously as possible and in
a no less favourable order for products
originating in the territories of other Members
than for like domestic products;
5.2.2 the standard processing period of each conformity
assessment procedure is published or that the
anticipated processing period is communicated to
the applicant upon request; when receiving an
application, the competent body promptly examines
the completeness of the documentation and informs
the applicant in a precise and complete manner of
all deficiencies; the competent body transmits as
soon as possible the results of the assessment in
a precise and complete manner to the applicant so
that corrective action may be taken if necessary;
even when the application has deficiencies, the
competent body proceeds as far as practicable with
the conformity assessment if the applicant so
requests; and that, upon request, the applicant
is informed of the stage of the procedure, with
any delay being explained;
5.2.3 information requirements are limited to what is
necessary to assess conformity and determine fees;
5.2.4 the confidentiality of information about products
originating in the territories of other Members
arising from or supplied in connection with such
conformity assessment procedures is respected in
the same way as for domestic products and in such
a manner that legitimate commercial interests are
protected;
5.2.5 any fees imposed for assessing the conformity of
products originating in the territories of other
Members are equitable in relation to any fees
chargeable for assessing the conformity of like
products of national origin or originating in any
other country, taking into account communication,
transportation and other costs arising from
differences between location of facilities of the
applicant and the conformity assessment body;
5.2.6 the siting of facilities used in conformity
assessment procedures and the selection of samples
are not such as to cause unnecessary inconvenience
to applicants or their agents;
5.2.7 whenever specifications of a product are changed
subsequent to its determination of conformity to
the applicable technical regulations or standards,
the conformity assessment procedure for the
modified product is limited to what is necessary
to determine whether adequate confidence exists
that the product still meets the technical
regulations or standards concerned;
5.2.8 a procedure exists to review complaints concerning
the operation of a conformity assessment procedure
and to take corrective action when a complaint is
justified.
5.3 Nothing in paragraphs 1 and 2 of Article 5 shall prevent
Members from carrying out reasonable spot checks within their
territories.
5.4 In cases where a positive assurance is required that
products conform with technical regulations or standards, and
relevant guides or recommendations issued by international
standardizing bodies exist or their completion is imminent,
Members shall ensure that central government bodies use them, or
the relevant parts of them, as a basis for their conformity
assessment procedures, except where, as duly explained upon
request, such guides or recommendations or relevant parts are
inappropriate for the Members concerned, for, inter alia, such
reasons as national security requirements; the 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.
5.5 With a view to harmonizing conformity assessment procedures
on as wide a basis as possible, Members shall play a full part
within the limits of their resources in the preparation by
appropriate international standardizing bodies of guides and
recommendations for conformity assessment procedures.
5.6 Whenever a relevant guide or recommendation issued by an
international standardizing body does not exist or the technical
content of a proposed conformity assessment procedure is not in
accordance with relevant guides and recommendations issued by
international standardizing bodies, and if the conformity
assessment procedure may have a significant effect on trade of
other Members, Members shall:
5.6.1 publish a notice in a publication at an early
appropriate stage, in such a manner as to enable
interested parties in other Members to become
acquainted with it, that they propose to introduce
a particular conformity assessment procedure;
5.6.2 notify other Members through the MTO Secretariat
of the products to be covered by the proposed
conformity assessment procedure, together with a
brief indication of its objective and rationale.
Such notifications shall take place at an early
appropriate stage, when amendments can still be
introduced and comments taken into account;
5.6.3 upon request, provide to other Members particulars
or copies of the proposed procedure and, whenever
possible, identify the parts which in substance
deviate from relevant guides or recommendations
issued by international standardizing bodies;
5.6.4 without discrimination, allow reasonable time for
other Members to make comments in writing, discuss
these comments upon request, and take these
written comments and the results of these
discussions into account.
5.7 Where urgent problems of safety, health, environmental
protection or national security arise or threaten to arise for a
Member, that Member may omit such of the steps enumerated in
paragraph 6 of Article 5 as it finds necessary provided that the
Member, upon adoption of the procedure, shall:
5.7.1 notify immediately other Members through the MTO
Secretariat of the particular procedure and the
products covered, with a brief indication of the
objective and the rationale of the procedure,
including the nature of the urgent problems;
5.7.2 upon request, provide other Members with copies of
the rules of the procedure;
5.7.3 without discrimination, allow other Members to
present their comments in writing, discuss these
comments upon request, and take these written
comments and the results of these discussions into
account.
5.8 Members shall ensure that all conformity assessment
procedures which have been adopted are published promptly or
otherwise made available in such a manner as to enable interested
parties in other Members to become acquainted with them.
5.9 Except in those urgent circumstances referred to in
paragraph 7 of Article 5, Members shall allow a reasonable
interval between the publication of requirements concerning
conformity assessment procedures and their entry into force in
order to allow time for producers in exporting Members, and
particularly in developing country Members, to adapt their
products or methods of production to the requirements of the
importing Member.
Article 6
Recognition of Conformity Assessment by Central Government Bodies
With respect to their central government bodies:
6.1 Without prejudice to the provisions of Article 6,
paragraphs 3 and 4, Members shall ensure, whenever possible, that
results of conformity assessment procedures in other Members are
accepted, even when those procedures differ from their own,
provided they are satisfied that those procedures offer an
assurance of conformity with applicable technical regulations or
standards equivalent to their own procedures. It is recognized
that prior consultations may be necessary in order to arrive at a
mutually satisfactory understanding regarding, in particular:
(a) adequate and enduring technical competence of the
relevant conformity assessment bodies in the exporting
Member, so that confidence in the continued reliability
of their conformity assessment results can exist; in
this regard, verified compliance, for instance through
accreditation, with relevant guides or recommendations
issued by international standardizing bodies shall be
taken into account as an indication of adequate
technical competence;
(b) limitation of the acceptance of conformity assessment
results to those produced by designated bodies in the
exporting Member.
6.2 Members shall ensure that their conformity assessment
procedures permit, as far as practicable, the implementation of
the provisions in paragraph 1 of Article 6.
6.3 Members are encouraged, at the request of other Members, to
be willing to enter into negotiations for the conclusion of
agreements for the mutual recognition of results of each other's
conformity assessment procedures. Members may require that such
agreements fulfil the criteria of Article 6, paragraph 1, and
give mutual satisfaction regarding their potential for
facilitating trade in the products concerned.
6.4 Members are encouraged to permit participation of conformity
assessment bodies located in the territories of other Members in
their conformity assessment procedures under conditions no less
favourable than those accorded to bodies located within their
territory or the territory of any other country.
Article 7
Procedures for Assessment of Conformity by Local Government
Bodies
With respect to their local government bodies within their
territories:
7.1 Members shall take such reasonable measures as may be
available to them to ensure compliance by such bodies with the
provisions of Articles 5 and 6, with the exception of the
obligation to notify as referred to in paragraphs 6.2 and 7.1 of
Article 5.
7.2 Members shall ensure that the conformity assessment
procedures of local governments on the level directly below that
of the central government in Members are notified in accordance
with the provisions of paragraphs 6.2 and 7.1 of Article 5,
noting that notifications shall not be required for conformity
assessment procedures the technical content of which is
substantially the same as that of previously notified conformity
assessment procedures of central government bodies of the Members
concerned.
7.3 Members may require contact with other Members, including
the notifications, provision of information, comments and
discussions referred to in paragraphs 6 and 7 of Article 5, to
take place through the central government.
7.4 Members shall not take measures which require or encourage
local government bodies within their territories to act in a
manner inconsistent with the provisions of Articles 5 and 6.
7.5 Members are fully responsible under this Agreement for the
observance of all provisions of Articles 5 and 6. Members shall
formulate and implement positive measures and mechanisms in
support of the observance of the provisions of Articles 5 and 6
by other than central government bodies.
Article 8
Procedures for Assessment of Conformity by Non-Governmental
Bodies
8.1 Members shall take such reasonable measures as may be
available to them to ensure that non-governmental bodies within
their territories which operate conformity assessment procedures
comply with the provisions of Articles 5 and 6, with the
exception of the obligation to notify proposed conformity
assessment procedures. In addition, Members shall not take
measures which have the effect of, directly or indirectly,
requiring or encouraging such bodies to act in a manner
inconsistent with the provisions of Articles 5 and 6.
8.2 Members shall ensure that their central government bodies
rely on conformity assessment procedures operated by non-
governmental bodies only if these latter bodies comply with the
provisions of Articles 5 and 6, with the exception of the
obligation to notify proposed conformity assessment procedures.
Article 9
International and Regional Systems
9.1 Where a positive assurance of conformity with a technical
regulation or standard is required, Members shall, wherever
practicable, formulate and adopt international systems for
conformity assessment and become members thereof or participate
therein.
9.2 Members shall take such reasonable measures as may be
available to them to ensure that international and regional
systems for conformity assessment, in which relevant bodies
within their territories are members or participants, comply with
the provisions of Articles 5 and 6. In addition, Members shall
not take any measures which have the effect of, directly or
indirectly, requiring or encouraging such systems to act in a
manner inconsistent with any of the provisions of Articles 5
and 6.
9.3 Members shall ensure that their central government bodies
rely on international or regional conformity assessment systems
only to the extent that these systems comply with the provisions
of Articles 5 and 6, as applicable.
INFORMATION AND ASSISTANCE
Article 10
Information About Technical Regulations, Standards and
Conformity Assessment Procedures
10.1 Each Member shall ensure that an enquiry point exists which
is able to answer all reasonable enquiries from other Members and
interested parties in other Members as well as to provide the
relevant documents regarding:
10.1.1 any technical regulations adopted or proposed
within its territory by central or local
government bodies, by non-governmental bodies
which have legal power to enforce a technical
regulation, or by regional standardizing bodies of
which such bodies are members or participants;
10.1.2 any standards adopted or proposed within its
territory by central or local government bodies,
or by regional standardizing bodies of which such
bodies are members or participants;
10.1.3 any conformity assessment procedures, or proposed
conformity assessment procedures, which are
operated within its territory by central or local
government bodies, or by non-governmental bodies
which have legal power to enforce a technical
regulation, or by regional bodies of which such
bodies are members or participants;
10.1.4 the membership and participation of the Member, or
of relevant central or local government bodies
within its territory, in international and
regional standardizing bodies and conformity
assessment systems, as well as in bilateral and
multilateral arrangements within the scope of this
Agreement; they shall also be able to provide
reasonable information on the provisions of such
systems and arrangements;
10.1.5 the location of notices published pursuant to this
Agreement, or the provision of information as to
where such information can be obtained; and
10.1.6 the location of the enquiry points mentioned in
paragraph 3 of Article 10.
10.2 If, however, for legal or administrative reasons more than
one enquiry point is established by a Member, that Member shall
provide to the other Members complete and unambiguous information
on the scope of responsibility of each of these enquiry points.
In addition, that Member shall ensure that any enquiries
addressed to an incorrect enquiry point shall promptly be
conveyed to the correct enquiry point.
10.3 Each Member shall take such reasonable measures as may be
available to it to ensure that one or more enquiry points exist
which are able to answer all reasonable enquiries from other
Members and interested parties in other Members as well as to
provide the relevant documents or information as to where they
can be obtained regarding:
10.3.1 any standards adopted or proposed within its
territory by non-governmental standardizing
bodies, or by regional standardizing bodies of
which such bodies are members or participants; and
10.3.2 any conformity assessment procedures, or proposed
conformity assessment procedures, which are
operated within its territory by non-governmental
bodies, or by regional bodies of which such bodies
are members or participants;
10.3.3 the membership and participation of relevant non-
governmental bodies within its territory in
international and regional standardizing bodies
and conformity assessment systems, as well as in
bilateral and multilateral arrangements within the
scope of this Agreement; they shall also be able
to provide reasonable information on the
provisions of such systems and arrangements.
10.4 Members shall take such reasonable measures as may be
available to them to ensure that where copies of documents are
requested by other Members or by interested parties in other
Members, in accordance with the provisions of this Agreement,
they are supplied at an equitable price (if any) which shall,
apart from the real cost of delivery, be the same for the
nationals of the Member concerned or of any other Member.
10.5 Developed country Members shall, if requested by other
Members, provide, in English, French or Spanish, translations of
the documents covered by a specific notification or, in case of
voluminous documents, of summaries of such documents.
10.6 The MTO Secretariat will, when it receives notifications in
accordance with the provisions of this Agreement, circulate
copies of the notifications to all Members and interested
international standardizing and conformity assessment bodies, and
draw the attention of developing country Members to any
notifications relating to products of particular interest to
them.
10.7 Whenever a Member has reached an agreement with any other
country or countries on issues related to technical regulations,
standards or conformity assessment procedures which may have a
significant effect on trade, at least one Member to the agreement
shall notify other Members through the MTO Secretariat of the
products to be covered by the agreement and include a brief
description of the agreement. Members concerned are encouraged
to enter, upon request, into consultations with other Members for
the purposes of concluding similar agreements or of arranging for
their participation in such agreements.
10.8 Nothing in this Agreement shall be construed as requiring:
10.8.1 the publication of texts other than in the
language of the Member;
10.8.2 the provision of particulars or copies of drafts
other than in the language of the Member except as
stated in paragraph 5 of Article 10; or
10.8.3 Members to furnish any information, the disclosure
of which they consider contrary to their essential
security interests.
10.9 Notifications to the MTO Secretariat shall be in English,
French or Spanish.
10.10 Members shall designate a single central government
authority that is responsible for the implementation on the
national level of the provisions concerning notification
procedures under this Agreement except those included in Annex 3.
10.11 If, however, for legal or administrative reasons the
responsibility for notification procedures is divided among two
or more central government authorities, the Member concerned
shall provide to the other Members complete and unambiguous
information on the scope of responsibility of each of these
authorities.
Article 11
Technical Assistance to Other Members
11.1 Members shall, if requested, advise other Members,
especially the developing country Members, on the preparation of
technical regulations.
11.2 Members shall, if requested, advise other Members,
especially the developing country Members and shall grant them
technical assistance on mutually agreed terms and conditions
regarding the establishment of national standardizing bodies, and
participation in the international standardizing bodies, and
shall encourage their national standardizing bodies to do
likewise.
11.3 Members shall, if requested, take such reasonable measures
as may be available to them to arrange for the regulatory bodies
within their territories to advise other Members, especially the
developing country Members, and shall grant them technical
assistance on mutually agreed terms and conditions regarding:
11.3.1 the establishment of regulatory bodies, or bodies
for the assessment of conformity with technical
regulations; and
11.3.2 the methods by which their technical regulations
can best be met.
11.4 Members shall, if requested, take such reasonable measures
as may be available to them to arrange for advice to be given to
other Members, especially the developing country Members, and
shall grant them technical assistance, on mutually agreed terms
and conditions, regarding the establishment of bodies for the
assessment of conformity with standards adopted within the
territory of the requesting Member.
11.5 Members shall, if requested, advise other Members,
especially the developing country Members, and shall grant them
technical assistance, on mutually agreed terms and conditions,
regarding the steps that should be taken by their producers if
they wish to have access to systems for conformity assessment
operated by governmental or non-governmental bodies within the
territory of the Member receiving the request.
11.6 Members which are members or participants of international
or regional systems for conformity assessment shall, if
requested, advise other Members, especially the developing
country Members, and shall grant them technical assistance, on
mutually agreed terms and conditions, regarding the establishment
of the institutions and legal framework which would enable them
to fulfil the obligations of membership or participation in such
systems.
11.7 Members shall, if so requested, encourage bodies within
their territories which are members or participants of
international or regional systems for conformity assessment to
advise other Members, especially the developing country Members,
and should consider requests for technical assistance from them
regarding the establishment of the institutions which would
enable the relevant bodies within their territories to fulfil the
obligations of membership or participation.
11.8 In providing advice and technical assistance to other
Members in terms of Article 11, paragraphs 1 to 7, Members shall
give priority to the needs of the least-developed country
Members.
Article 12
Special and Differential Treatment of Developing Country Members
12.1 Members shall provide differential and more favourable
treatment to developing country Members to this Agreement,
through the following provisions as well as through the relevant
provisions of other Articles of this Agreement.
12.2 Members shall give particular attention to the provisions of
this Agreement concerning developing country Members' rights and
obligations and shall take into account the special development,
financial and trade needs of developing country Members in the
implementation of this Agreement, both nationally and in the
operation of this Agreement's institutional arrangements.
12.3 Members shall, in the preparation and application of
technical regulations, standards and conformity assessment
procedures, take account of the special development, financial
and trade needs of developing country Members, with a view to
ensuring that such technical regulations, standards and
conformity assessment procedures do not create unnecessary
obstacles to exports from developing country Members.
12.4 Members recognize that, although international standards,
guides or recommendations may exist, in their particular
technological and socio-economic conditions, developing country
Members adopt certain technical regulations, standards or
conformity assessment procedures aimed at preserving indigenous
technology and production methods and processes compatible with
their development needs. Members therefore recognize that
developing country Members should not be expected to use
international standards as a basis for their technical
regulations or standards, including test methods, which are not
appropriate to their development, financial and trade needs.
12.5 Members shall take such reasonable measures as may be
available to them to ensure that international standardizing
bodies and international systems for conformity assessment are
organized and operated in a way which facilitates active and
representative participation of relevant bodies in all Members,
taking into account the special problems of developing country
Members.
12.6 Members shall take such reasonable measures as may be
available to them to ensure that international standardizing
bodies, upon request of developing country Members, examine the
possibility of, and, if practicable, prepare international
standards concerning products of special interest to developing
country Members.
12.7 Members shall, in accordance with the provisions of
Article 11, provide technical assistance to developing country
Members to ensure that the preparation and application of
technical regulations, standards and conformity assessment
procedures do not create unnecessary obstacles to the expansion
and diversification of exports from developing country Members.
In determining the terms and conditions of the technical
assistance, account shall be taken of the stage of development of
the requesting Members and in particular of the least-developed
country Members.
12.8 It is recognized that developing country Members may face
special problems, including institutional and infrastructural
problems, in the field of preparation and application of
technical regulations, standards and conformity assessment
procedures. It is further recognized that the special development
and trade needs of developing country Members, as well as their
stage of technological development, may hinder their ability to
discharge fully their obligations under this Agreement. Members,
therefore, shall take this fact fully into account. Accordingly,
with a view to ensuring that developing country Members are able
to comply with this Agreement, the Committee is enabled to grant,
upon request, specified, time-limited exceptions in whole or in
part from obligations under this Agreement. When considering
such requests the Committee shall take into account the special
problems, in the field of preparation and application of
technical regulations, standards and conformity assessment
procedures, and the special development and trade needs of the
developing country Member, as well as its stage of technological
development, which may hinder its ability to discharge fully its
obligations under this Agreement. The Committee shall, in
particular, take into account the special problems of the least-
developed country Members.
12.9 During consultations, developed country Members shall bear
in mind the special difficulties experienced by developing
country Members in formulating and implementing standards and
technical regulations and conformity assessment procedures, and
in their desire to assist developing country Members with their
efforts in this direction, developed country Members shall take
account of the special needs of the former in regard to
financing, trade and development.
12.10 The Committee shall examine periodically the special
and differential treatment, as laid down in this Agreement,
granted to developing country Members on national and
international levels.
INSTITUTIONS, CONSULTATION AND DISPUTE SETTLEMENT
Article 13
The Committee on Technical Barriers to Trade
There shall be established under this Agreement:
13.1 A Committee on Technical Barriers to Trade composed of
representatives from each of the Members (hereinafter referred to
as "the Committee"). The Committee shall elect its own Chairman
and shall meet as necessary, but no less than once a year for the
purpose of affording Members the opportunity of consulting on any
matters relating to the operation of this Agreement or the
furtherance of its objectives, and shall carry out such
responsibilities as assigned to it under this Agreement or by the
Members.
13.2 Working parties or other bodies as may be appropriate, which
shall carry out such responsibilities as may be assigned to them
by the Committee in accordance with the relevant provisions of
this Agreement.
13.3 It is understood that unnecessary duplication should be
avoided between the work under this Agreement and that of
governments in other technical bodies. The Committee shall
examine this problem with a view to minimizing such duplication.
Article 14
Consultation and Dispute Settlement
14.1 Consultations and the settlement of disputes with respect to
any matter affecting the operation of this Agreement shall take
place under the auspices of the Dispute Settlement Body and shall
follow, mutatis mutandis, the provisions of Articles XXII and
XXIII of the GATT 1994, as elaborated and applied by the
Understanding Governing the Rules and Procedures for Settlement
of Disputes
14.2 At the request of a party to a dispute, or at its own
initiative, a panel may establish a technical expert group to
assist in questions of a technical nature, requiring detailed
consideration by experts.
14.3 Technical expert groups shall be governed by the procedures
of Annex 2.
14.4 The dispute settlement provisions set out above can be
invoked in cases where a Member considers that another Member has
not achieved satisfactory results under Articles 3, 4, 7, 8 and 9
and its trade interests are significantly affected. In this
respect, such results shall be equivalent to those as if the body
in question were a Member.
FINAL PROVISIONS
Article 15
Final Provisions
Reservations
15.1 Reservations may not be entered in respect of any of the
provisions of this Agreement without the consent of the other
Members.
Review
15.2 Each Member shall, promptly after the date on which the
Agreement Establishing the MTO enters into force for it, inform
the Committee of measures in existence or taken to ensure the
implementation and administration of this Agreement. Any changes
of such measures thereafter shall also be notified to the
Committee.
15.3 The Committee shall review annually the implementation and
operation of this Agreement taking into account the objectives
thereof.
15.4 Not later than the end of the third year from the entry into
force of the Agreement Establishing the MTO and at the end of
each three-year period thereafter, the Committee shall review the
operation and implementation of this Agreement, including the
provisions relating to transparency, with a view to recommending
an adjustment of the rights and obligations of this Agreement
where necessary to ensure mutual economic advantage and balance
of rights and obligations, without prejudice to the provisions of
Article 12. Having regard, inter alia, to the experience gained
in the implementation of the Agreement, the Committee shall,
where appropriate, submit proposals for amendments to the text of
this Agreement to the Council for Trade in Goods.
Annexes
15.5 The annexes to this Agreement constitute an integral part
thereof.
ANNEX 1
TERMS AND THEIR DEFINITIONS FOR THE
PURPOSE OF THIS AGREEMENT
The terms presented in the sixth edition of the ISO/IEC
Guide 2: 1991, General Terms and Their Definitions Concerning
Standardization and Related Activities, shall, when used in this
Agreement, have the same meaning as given in the definitions in
the said Guide taking into account that services are excluded
from the coverage of this Agreement.
For the purpose of this Agreement, however, the following
definitions shall apply:
1. Technical regulation
Document which lays down product characteristics or their
related processes and production methods, including the
applicable administrative provisions, with which compliance is
mandatory. It may also include or deal exclusively with
terminology, symbols, packaging, marking or labelling
requirements as they apply to a product, process or production
method.
Explanatory note
The definition in ISO/IEC Guide 2 is not self-contained, but
based on the so-called "building block" system.
2. Standard
For the term "Standard" the following definition shall
apply:
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, with which
compliance is not mandatory. It may also include or deal
exclusively with terminology, symbols, packaging, marking or
labelling requirements as they apply to a product, process or
production method.
Explanatory note
The terms as defined in ISO/IEC Guide 2 cover products,
processes and services. This agreement deals only with
technical regulations, standards and conformity assessment
procedures related to products or processes and production
methods. Standards as defined by ISO/IEC Guide 2 may be
mandatory or voluntary. For the purpose of this Agreement
standards are defined as voluntary and technical regulations
as mandatory documents. Standards prepared by the
international standardization community are based on
consensus. This Agreement covers also documents that are not
based on consensus.
3. Conformity assessment procedures
Any procedure used, directly or indirectly, to determine
that relevant requirements in technical regulations or standards
are fulfilled.
Explanatory note: Conformity assessment procedures include,
inter alia, procedures for sampling, testing and inspection;
evaluation, verification and assurance of conformity;
registration, accreditation and approval as well as their
combinations.
4. International body or system
Body or system whose membership is open to the relevant
bodies of at least all Members.
5. Regional body or system
Body or system whose membership is open to the relevant
bodies of only some of the Members.
6. Central government body
Central government, its ministries and departments or any
body subject to the control of the central government in respect
of the activity in question.
Explanatory note:
In the case of the European Communities the provisions
governing central government bodies apply. However,
regional bodies or conformity assessment systems may be
established within the European Communities, and in such
cases would be subject to the provisions of this Agreement
on regional bodies or conformity assessment systems.
7. Local government body
Government other than a central government (e.g. states,
provinces, L„nder, cantons, municipalities, etc.), its ministries
or departments or any body subject to the control of such a
government in respect of the activity in question.
8. Non-governmental body
Body other than a central government body or a local
government body, including a non-governmental body which has
legal power to enforce a technical regulation.
ANNEX 2
TECHNICAL EXPERT GROUPS
The following procedures shall apply to technical expert
groups established in accordance with the provisions of Article
14.
1. Technical expert groups are under the panel's authority.
Their terms of reference and detailed working procedures shall be
decided by the panel, and they shall report to the panel.
2. Participation in technical expert groups shall be restricted
to persons of professional standing and experience in the field
in question.
3. Citizens of parties to the dispute shall not serve on a
technical expert group without the joint agreement of the parties
to the dispute, except in exceptional circumstances when the
panel considers that the need for specialized scientific
expertise cannot be fulfilled otherwise. Government officials of
parties to the dispute shall not serve on a technical expert
group. Members of technical expert groups shall serve in their
individual capacities and not as government representatives, nor
as representatives of any organization. Governments or
organizations shall therefore not give them instructions with
regard to matters before a technical expert group.
4. Technical expert groups may consult and seek information and
technical advice from any source they deem appropriate. Before a
technical expert group seeks such information or advice from a
source within the jurisdiction of a Member, it shall inform the
government of that Member. Any Member shall respond promptly and
fully to any request by a technical expert group for such
information as the technical expert group considers necessary and
appropriate.
5. The parties to a dispute shall have access to all relevant
information provided to a technical expert group, unless it is of
a confidential nature. Confidential information provided to the
technical expert group shall not be released without formal
authorization from the government, organization or person
providing the information. Where such information is requested
from the technical expert group but release of such information
by the technical expert group is not authorized, a non-
confidential summary of the information will be provided by the
government, organization or person supplying the information.
6. The technical expert group shall submit a draft report to
the Members concerned with a view to obtaining their comments,
and taking them into account, as appropriate, in the final
report, which shall also be circulated to the Members concerned
when it is submitted to the panel.
ANNEX 3
CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND
APPLICATION OF STANDARDS
General Provisions
A. For the purposes of this Code the definitions in Annex 1 of
this Agreement shall apply.
B. This Code is open to acceptance by any standardizing body
within the territory of a Member of the MTO, whether a central
government body, a local government body, or a non-governmental
body; to any governmental regional standardizing body one or more
members of which are Member of the MTO; and to any non-
governmental regional standardizing body one or more members of
which are situated within the territory of a Member of the MTO
(hereafter collectively called "standardizing bodies" and
individually "the standardizing body").
C. Standardizing bodies that have accepted or withdrawn from
this Code shall notify this fact to the ISO/IEC Information
Centre in Geneva. The notification shall include the name and
address of the body concerned and the scope of its current and
expected standardization activities. The notification may be
sent either directly to the ISO/IEC Information Centre, or
through the national member body of ISO/IEC or, preferably,
through the relevant national member or international affiliate
of ISONET, as appropriate.
SUBSTANTIVE PROVISIONS
D. In respect of standards, the standardizing body shall accord
treatment to products originating in the territory of any other
Member of the MTO no less favourable than that accorded to like
products of national origin and to like products originating in
any other country.
E. The standardizing body shall ensure that standards are not
prepared, adopted or applied with a view to, or with the effect
of, creating unnecessary obstacles to international trade.
F. Where international standards exist or their completion is
imminent, the standardizing body shall use them, or the relevant
parts of them, as a basis for the standards it develops, except
where such international standards or relevant parts would be
ineffective or inappropriate, for instance, because of an
insufficient level of protection or fundamental climatic or
geographical factors or fundamental technological problems.
G. With a view to harmonizing standards on as wide a basis as
possible, the standardizing body shall, in an appropriate way,
play a full part within the limits of its resources in the
preparation by relevant international standardizing bodies of
international standards regarding subject matter for which it
either has adopted, or expects to adopt, standards. For
standardizing bodies within the territory of a Member,
participation in a particular international standardization
activity shall, whenever possible, take place through one
delegation representing all standardizing bodies in the territory
that have adopted, or expect to adopt, standards for the subject
matter to which the international standardization activity
relates.
H. The standardizing body within the territory of a Member
shall make every effort to avoid duplication of, or overlap with,
the work of other standardizing bodies in the national territory
or with the work of relevant international or regional
standardizing bodies. They shall also make every effort to
achieve a national consensus on the standards they develop.
Likewise the regional standardizing body shall make every effort
to avoid duplication of, or overlap with, the work of relevant
international standardizing bodies.
I. Wherever appropriate, the standardizing body shall specify
standards based on product requirements in terms of performance
rather than design or descriptive characteristics.
J. At least once every six months, the standardizing body shall
publish a work programme containing its name and address, the
standards it is currently preparing and the standards which it
has adopted in the preceding period. A standard is under
preparation from the moment a decision has been taken to develop
a standard until that standard has been adopted. The titles of
specific draft standards shall, upon request, be provided in
English, French or Spanish. A notice of the existence of the
work programme shall be published in a national or, as the case
may be, regional publication of standardization activities.
The work programme shall for each standard indicate, in
accordance with any ISONET rules, the classification relevant to
the subject matter, the stage attained in the standard's
development, and the references of any international standards
taken as a basis. No later than at the time of publication of
its work programme, the standardizing body shall notify the
existence thereof to the ISO/IEC Information Centre in Geneva.
The notification shall contain the name and address of the
standardizing body, the name and issue of the publication in
which the work programme is published, the period to which the
work programme applies, its price (if any), and how and where it
can be obtained. The notification may be sent directly to the
ISO/IEC Information Centre, or, preferably, through the relevant
national member or international affiliate of ISONET, as
appropriate.
K. The national member of ISO/IEC shall make every effort to
become a member of ISONET or to appoint another body to become a
member as well as to acquire the most advanced membership type
possible for the ISONET member. Other standardizing bodies shall
make every effort to associate themselves with the ISONET member.
L. Before adopting a standard, the standardizing body shall
allow a period of at least sixty days for the submission of
comments on the draft standard by interested parties within the
territory of a Member of the MTO. This period may, however, be
shortened in cases where urgent problems of safety, health or
environment arise or threaten to arise. No later than at the
start of the comment period, the standardizing body shall publish
a notice announcing the period for commenting in the publication
referred to in paragraph J. Such notification shall include, as
far as practicable, whether the draft standard deviates from
relevant international standards.
M. On the request of any interested party within the territory
of a Member of the MTO, the standardizing body shall promptly
provide, or arrange to provide, a copy of a draft standard which
it has submitted for comments. Any fees charged for this service
shall, apart from the real cost of delivery, be the same for
domestic and foreign parties.
N. The standardizing body shall take into account, in the
further processing of the standard, the comments received during
the period for commenting. Comments received through
standardizing bodies that have accepted this Code of good
practice shall, if so requested, be replied to as promptly as
possible. The reply shall include an explanation why a deviation
from relevant international standards is necessary.
O. Once the standard has been adopted, it shall be promptly
published.
P. On the request of any interested party within the territory
of a Member of the MTO, the standardizing body shall promptly
provide or arrange to provide a copy of its most recent work
programme or of a standard which it produced. Any fees charged
for this service shall, apart from the real costs of delivery, be
the same for foreign and domestic parties.
Q. The standardizing body shall afford sympathetic
consideration to, and adequate opportunity for, consultation
regarding representations with respect to the operation of this
Code presented by standardizing bodies that have accepted this
Code of good practice. It shall make an objective effort to
solve any complaints.