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WTO and Technical Barriers to Trade

WTO and Technical Barriers to Trade. Presentation by Christina Schröder, Agriculture & Commodities Division, WTO christina.schroder@wto.org. TBT AGREEMENT (1). Developed in response to recognition by GATT CP’s that non-tariff barriers could create barriers to trade.

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WTO and Technical Barriers to Trade

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  1. WTO and Technical Barriers to Trade Presentation by Christina Schröder, Agriculture & Commodities Division, WTO christina.schroder@wto.org

  2. TBT AGREEMENT (1) • Developed in response to recognition by GATT CP’s that non-tariff barriers could create barriers to trade. • First negotiated in 1973-79 Tokyo Round.

  3. TBT AGREEMENT (2) • Revised in Uruguay Round. • Came into force on 1 January 1995.

  4. TBT AGREEMENT (3) RECOGNIZES The right of WTO Members to adopt technical regulations, standards and conformity assessment procedures.

  5. TBT AGREEMENT (4) HOWEVER, Ensures that such measures do not create unnecessary barriers to trade.

  6. TECHNICAL REGULATION Document which lays down product characteristics or their related processes and production methods with which compliance is mandatory. • "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..." • "Any procedure used…to determine that relevant requirements in technical regulations or standards are fulfilled."

  7. CONFORMITY ASSESSMENT PROCEDURES Any procedure used … to determine that relevant requirements in technical regulations or standards are fulfilled.

  8. STANDARD Document approved by a recog- nized 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

  9. ReCap • Main Principles: • Non-discrimination • Avoidance of Unnecessary Obstacles to Trade • Harmonization • Equivalence • Mutual Recognition • Transparency

  10. TBT AGREEMENT Does not cover sanitary or phytosanitary measures as defined by the SPS Agreement.

  11. TBT AGREEMENT • type of measure determines whether covered by TBT Agreement, but • purpose of measure relevant in determining if measure subject to SPS Agreement.

  12. IMPLEMENTATION ISSUES (1) Issues raised by developing countries with respect to the implementation of some existing WTO agreements and decisions.

  13. IMPLEMENTATION ISSUES (2) TBT implementation issues are concerned with technical assistance and S&D.

  14. IMPLEMENTATION ISSUES (3) Tangible and meaningful tech-nical assistance and co-operation to be provided to developing country Members, ensuring the effective implementation of Article 11;

  15. IMPLEMENTATION ISSUES (4) Acceptance by developed-country importers of self-declaration regarding adherence to standards by developing-country exporters. To be introduced in Article 12.

  16. LABELLING • subject to GATT rules and principles, in particular to those of - non-discrimination; • mfn treatment (Art. I); and • national treatment (Art.III); • also expressly covered by TBT provisions.

  17. LABELLING According to the TBT Agreement a label is a technical regulation and, as such, mandatory whereas an eco-label is considered to be a standard and thus of a voluntary nature.

  18. ECO-LABELS Today, eco-labels are debated in two different WTO fora, i.e. the CTE and the TBT Committee

  19. STANDARD Document approved by a recog- nized 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

  20. ECO-LABELLING FOR FISHERIES: DEFINITION assuring the consumer that labelled products derive from stocks that are harvested in a sustainable way and that the fishing process will not have serious ecosystem effects.

  21. ECO-LABELLING: OBJECTIVE "through communication of verifiable and accurate information – that is not misleading – on environmental aspects of products and services, to encourage the demand for and supply of those products and services that have a less negative impact on the environment, thereby stimulating the potential for market-driven continuous environmental improvement."

  22. TBT AGREEMENT Under the TBT Agreement, eco-labels fall under the definition of a standard, defined as a document which sets out rules for products or related processes and production methods.

  23. CTE The Ministerial declaration instructs the CTE to give particular attention to "labelling requirements for environmental purposes”.

  24. FIFTH WTO MINISTERIAL CONFERENCE • Takes place in Cancun, Mexico, on 10 -14 September 2003. • Main purpose: take stock of progress in Doha Development Round.

  25. THE END !

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