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Goods: Rules on NTMs

Goods: Rules on NTMs. Technical barriers to trade Sanitary and phytosanitary measures Customs and trade administration Customs valuation Rules of origin Pre-shipment inspection Import licensing. TBT: Why an Agreement?. High number of technical regulations and standards

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Goods: Rules on NTMs

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  1. Goods: Rules on NTMs • Technical barriers to trade • Sanitary and phytosanitary measures • Customs and trade administration • Customs valuation • Rules of origin • Pre-shipment inspection • Import licensing

  2. TBT: Why an Agreement? • High number of technical regulations and standards • Impact on international trade • From the Tokyo Round Standards Code to the WTO TBT Agreement

  3. TBT: Definitions • Technical regulations and standards in the TBT Agreement • Difference between a technical regulation and a standard • Conformity assessment procedures

  4. TBT: Objectives • Protection of human safety or health • Protection of animal and plant life or health • Protection of the environment • Prevention of deceptive practices • Other objectives

  5. TBT: Divergent regulations - costs for exporters • Loss of economies of scale • Conformity assessment costs • Information costs • Surprise costs

  6. TBT: Principles • Avoidance of unnecessary obstacles to trade • Non-discrimination and national treatment • Harmonization • Equivalence of technical regulations • Mutual recognition of conformity assessment procedures • Transparency

  7. TBT: Avoidance of unnecessary obstacles to trade • What are the sources of technical barriers to trade? • TBT provisions on technical regulations • Avoidance of unnecessary obstacles to trade • When is a technical regulation an unnecessary obstacle to trade? • TBT provisions on conformity assessment procedures

  8. TBT: Non-discrimination and national treatment • Technical regulations • Conformity Assessment Procedures

  9. TBT: Harmonization (1) • Producers' benefits • Consumers' benefits

  10. TBT: Harmonization (2) • Introduction • Harmonization and the TBT Agreement • Participation in international standardizing bodies • Special and differential treatment

  11. TBT: Equivalence • What is equivalence? • How does equivalence work?

  12. TBT: Mutual recognition • Costs of multiple testing • What is mutual recognition of conformity assessment procedures? • How does mutual recognition work? • Mutual recognition and the TBT Agreement

  13. TBT: Transparency (1) • Notifications • Technical regulations and conformity assessment procedures • Statements on the implementation and administration of the Agreement • Bilateral or plurilateral agreements • Code of good practice

  14. TBT: Transparency (2) • Enquiry points • The Committee on Technical Barriers to Trade

  15. TBT: The Code of Good Practice • Why a Code of Good Practice? • Who can accept the Code? • What does membership entail?

  16. TBT: Technical assistance • Who has the right to technical assistance? • What type of assistance? • WTO Secretariat's technical assistance activities

  17. SPS: Introduction • SPS Agreement and Agreement on Agriculture • From TBT to SPS • GATT 1947 Article XX(b) • Preserve Members' rights • Reduce arbitrariness

  18. SPS: Scope and coverage • Scope • Definition of SPS measures • Case 1 • Case 2 • Case 3 • Case 4 • Types of measures

  19. SPS: Main features • Harmonization • Equivalence • Risk assessment • Disease-free areas • Transparency • Developing countries

  20. SPS: Harmonization • Definition • The role of standard-setting organizations • The Three Sister Organizations • FAO/WHO Codex Alimentarius • OIE • IPPC • Use of international standards

  21. SPS: Equivalence • Different ways of reducing risk • Burden of proof • Bilateral consultations

  22. SPS: Risk assessment • The process • Consistency in risk management decisions • Selection of an SPS measure • Exceptions

  23. SPS: Disease-free areas • The principle • Burden of demonstration

  24. SPS: Transparency • National Notification Authority • National Enquiry Point • Notification procedures • Regular procedure • Format • Dual aspect: TBT/SPS • Emergency procedure

  25. SPS: Developing countries • Special and differential treatment • Technical assistance • Training activities

  26. SPS: Dispute settlement • Unified WTO dispute settlement procedures • Technical and scientific advice • Alternative dispute settlement procedures • Cases

  27. SPS: The Committee • Role • Regular tasks • Reviewing implementation • Checking compliance • Specific tasks • Monitoring the harmonization process • Drafting guidelines on consistency • Liaison and coordination • Recommendations on the future of the Agreement

  28. Customs and trade administration • VAL: Customs valuation • RO: Rules of origin • PSI: Pre-shipment inspection • LIC: Import licensing

  29. VAL: Background • Specific and ad valorem customs duties • Definition • Short historical overview • Article VII GATT • Brussels definition of value • Tokyo Round Valuation Code

  30. VAL: The WTO Agreement • The new Agreement • Basic principle: Transaction value • The 6 Methods • Method 1: transaction value • Method 2: transaction value of identical goods • Method 3: transaction value of similar goods • Method 4: deductive method • Method 5: computed method • Method 6: Fall-back method • Other provisions

  31. VAL: Method 1 - Transaction value • Definition of transaction value • Conditions to be fulfilled • Evidence of sale • No restriction on the disposition or use • Not subject to additional conditions • Full prices, unless... • Sufficient information for adjustments • Buyer and seller not related, otherwise ... • Related parties • Cases where Customs Administrations have reasons to doubt the truth or accuracy of the declared value

  32. VAL: Methods 2 and 3 • Method 2: Transaction value of identical goods (Article 2) • Exceptions • Method 3: Transaction value of similar goods (Article 3)

  33. VAL: Method 4 - Deductive value • Deduction of value from the price of the greatest aggregate quantity sold • Determination of the greatest aggregate quantity sold • Deductions from the price at the greatest aggregate quantity

  34. VAL: Method 5 - Computed value • Definition: Production cost and profits and expenses • Production cost = value of materials and fabrication • Profit and general expenses • Other expenses to be added

  35. VAL: Method 6 - fall-back method • Definition Customs value determination based on "reasonable means consistent with the principles and general provisions of the Agreement, Article VII GATT and on the basis of available data". • Valuation criteria not to be used

  36. VAL: Special and differential treatment • Delay of application of the Agreement for five years for developing countries • Delay of application of the computed value method for three years following the application of all other provisions of the Agreement • Extension of the transition period • Reservations to retain established minimum values • Reservation against Article 4 • Special application of the deductive method • Technical assistance

  37. VAL: Institutions • Committee on Customs Valuation • Technical Committee on Customs Valuation

  38. RO: Background • Definition • Where are rules of origin used? • No specific provision in GATT • Interest in the harmonization of rules of origin • Increased number of preferential trading arrangements • Increase in the number of origin disputes • Increased use of anti-dumping laws

  39. RO: The UR Agreement • Introduction • Aims of the Agreement • harmonization • general principles • Coverage: all non-preferential rules of origin • Institutions • WTO Committee on Rules of Origin • WCO Technical Committee

  40. RO: Harmonization • The Harmonization Work Programme (HWP) • Definitions of goods being wholly obtained • Last substantial transformation • Change of tariff heading • Supplementary criteria • Overall architectural design • Results of the Harmonization Work Programme

  41. RO: Other provisions • Disciplines during the transition period • Disciplines after the transition period • Consultation and dispute settlement • Preferential rules of origin

  42. RO: Notifications • Non-preferential rules of origin • Preferential rules of origin

  43. PSI: Background and overview • Background • Functions of PSI • conformity of goods with the terms of the sales contract • verification of invoice price • Definitions • Objectives

  44. PSI: Obligations of user Members • Non-discrimination (Article 2.1) • Governmental requirements (Article 2.2) • Site of inspection (Article 2.3) • Standards (Article 2.4) • Transparency (Articles 2.5 to 2.8) • Protection of confidential business information (Articles 2.9 to 2.13) • Conflicts of interest (Article 2.14) • Delays (Articles 2.15 to 2.19) • Price verification (Article 2.20) • Appeals procedure (Article 2.21) • Derogation (Article 2.22)

  45. PSI: Obligations of exporter Members • Non-discrimination (Article 3.1) • Transparency (Article 3.2) • Technical Assistance (Article 3.3)

  46. PSI: Independent review procedures • Purpose of the Independent Review Procedures • Independent Entity

  47. PSI: Other provisions • Notification of laws and regulations (Article 5) • Review (Article 6)

  48. LIC: Background and definition • Definition • Basic obligations • GATT Article VIII • GATT Article X • From the Tokyo Round Code to the Uruguay Round Agreement

  49. LIC: General principles • Main objectives • General provisions • Neutral application, fair and equitable administration • Publication of rules and procedures • Simple forms and procedures • Other principles

  50. LIC: Automatic import licensing • Definition • Conditions • Main provision for automatic import licensing • Approval of application within 10 working days • Use

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