International standards and the tbt agreement
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International Standards and the TBT Agreement. Ludivine Tamiotti WTO, Trade and Environment Division Legal Affairs Officer [email protected] What products are subject to TBT provisions?. TBT applies to. TBT Article 1.3 “ All products ,

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International standards and the tbt agreement

International Standards and the TBT Agreement

Ludivine Tamiotti

WTO, Trade and Environment Division

Legal Affairs Officer

[email protected]


What products are subject to tbt provisions

What products are subject to TBT provisions?

TBT applies to ....

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 provisions1

What products are subject to TBT provisions?

TBT does not apply to

Regulations and standards related to services

Sanitary and phytosanitary (SPS) measures

Purchasing specifications prepared by governments


Applicability of the tbt agreement

Applicability of the TBT Agreement

Technical Regulation

Standard

Voluntary Measures

Mandatory Measures

Conformity Assessment Procedure


Technical regulation

Technical Regulation

Definition

It lays down product characteristics

TBT Annex 1.1

...or their related processes and production methods

Compliance is mandatory


Technical regulation1

Technical Regulation

Examples

terminology requirements

symbols requirements

TBT Annex 1.1

packaging requirements

marking requirements

labelling requirements


International standards and the tbt agreement

Approved by a Recognized Body

Provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods

Compliance is voluntary

Standard

TBT Annex 1.2


International standards and the tbt agreement

TBT Annex 1.3

Conformity Assessment Procedure

What for ?

To determine that relevant requirements in technical regulations or standards are fulfilled


International standards and the tbt agreement

TBT Annex 1.3

Conformity Assessment Procedure

What kind ?

Sampling, testing and inspection

Evaluation, verification and assurance of conformity

Registration, accreditation and approval

...as well as their combinations


Philosophy of the tbt agreement

Philosophy of the TBT Agreement

Right to Take Regulatory Measures

Avoid Unnecessary Obstacles to Trade


Core disciplines

Core Disciplines

Discrimination

Avoid

Unnecessary Obstacles to Trade

Harmonization

Equivalence

Using

Mutual Recognition of Conformity Assessment Results

Transparency


Non discrimination

Non-Discrimination

Of national origin

From any other country

National Treatment

Most-Favoured Nation (MFN)

Treatment no Less Favourable to

Like Products

Originating


Avoid unnecessary obstacles to trade

Avoid unnecessary obstacles to trade

Technical Regulations, Standards, and Conformity Assessment Procedures

Must not be prepared, adopted or applied so as to

Create unnecessary obstacles to international trade


Avoid unnecessary obstacles to trade1

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 trade2

Avoid unnecessary obstacles to trade

National security requirements

Protection of human health or safety

Protection of animal or plant life or health

Protection of the environment

Prevention of deceptive practices

…Inter alia…

Legitimateobjectives


Harmonization principle

Harmonization Principle


The preamble of the tbt agreement

The Preamble of the TBT Agreement

Development of International Standards is Encouraged


Benefits of harmonization

Benefits of Harmonization

Facilitate market access

As the products conforming to the same standards may be accepted more widely

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

Result in lower costs to consumers

Who may compare and chose from a larger number of suppliers


Benefits of harmonization1

Benefits of Harmonization

Ultimately...

Ease production and trading conditions for producers, importers and exporters

Minimize obstacles to international trade

Promote trade of developing countries


The harmonization principle

The Harmonization Principle

Members must use international standards, guidelines and recommendations as a basis for their national TBT measures

2 key requirements

Members must participate in international standardizing bodies


Tbt article 2 6

TBT Article 2.6

Members shall play a full part

Within the limits of their resources

In the preparation by appropriate international standardizing bodies of international standards, guides or recommendations

For What ?

Products for which Members have adopted/expected to adopt technical regulations


International standardizing bodies

International Standardizing Bodies ?

They are not explicitly recognized in the TBT Agreement


Decision of the tbt committee at the second triennial review

Decision of the TBT Committee at the Second Triennial Review

Principles for the Development of International Standards, Guides and Recommendations

Coherence

Transparency

Development Dimension

Openness

Impartiality and consensus

Effectiveness and relevance


Harmonization explained dispute ec trade description of sardines peru

Harmonization explained: Dispute “EC - Trade Description of Sardines (Peru)”


Products at issue

Products at issue

Sardina pilchardus(the “European Sardine”)

2 small fish species

Sardinops sagax(the “Peruvian Sardine”)


The measure at stake

The measure at stake

Only fish from the species Sardina pilchardus

can be marketed as sardines

EC Regulation laying down common marketing standards for preserved sardines (1989)

Sardina pilchardus

Sardines


The standard

The standard

Codex Stan 94 for canned sardines (1978)

Sardina pilchardus

Sardines


The standard1

The standard

Codex Stan 94 for canned sardines (1978)

Sardinops sagax

Peruvian Sardines

+ 20 other species

Pacific Sardines

Sardines —

Sardinops sagax

Südamerikanische

Sardinen


Tbt article 2 4

TBT Article 2.4

Technical regulations are required

+

If

Relevant international standards (IS) exist

Members shall use IS as a basis for their technical regulations

Then

When such IS would be an ineffective or inappropriate means

The fulfilment of the legitimate objectives

For

Except


The panel ab findings

The Panel & AB Findings

YES

YES

NO

NO

The EC Regulation is inconsistent with Article 2.4 of the TBT Agreement

Was the EC Regulation a Technical Regulation?

Was Codex Stan 94 a Relevant International Standard?

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?


Mutually agreed solution

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


Mutually agreed solution1

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

Sardinops sagax

Sardines -

Sardinops sagax


International standards and the tbt agreement1

International Standardsand the TBT Agreement

Ludivine Tamiotti

WTO, Trade and Environment Division

Legal Affairs Officer

[email protected]


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