Tbt Agreement Scope

In accordance with Article 1, this agreement applies to all industrial and agricultural products, with the exception of services, sanitary and plant health measures (as defined in the agreement on the application of sanitary and plant health measures) and „purchase specifications established by public authorities for production or consumption needs“ (Article 1.4). [2] The panel in Tuna-Dolphin GATT (I and II) did not clarify this issue, but found in this case that dolphin-free marking was a technical regulation because of the second sentence. Therefore, it can be assumed that the labelling of NPRP-PPM products is now within the scope of technical rules. [5] The TBT agreement can be divided into five parts. The first part defines the scope of the agreement, which does not include „industrial and agricultural products“ but not sanitary and plant health measures. The second part outlines the obligations and principles of technical rules. The third part deals with compliance and compliance assessment. The fourth part deals with information and assistance, including the obligation for nations to help each other in the development of technical provisions. Finally, the fifth part provides for the creation of the Technical Barriers to Trade Committee and sets out dispute resolution procedures. The scope of the OBT is the material scope (what measures to take), the personal scope (to which the measures apply) and the scope of the measures over time.

Appendix 1.1 states that the technical rules apply to „product characteristics or associated production processes and methods,“ which means that this does not apply to the PNPRP. However, in Appendix 1.1 and 1.2, the second sentence, the word „linked“ is omitted, indicating that technical requirements may apply to labelling. Some academics argue that the second sentence is read in the context of the first sentence and should therefore be tightened. [3] The CTA ensures that technical regulations, standards, testing and certification procedures do not create unnecessary trade barriers. The agreement prohibits technical requirements that are created to restrict trade, contrary to technical requirements created for legitimate purposes, such as consumer or environmental protection. [1] Its objective is to avoid unnecessary barriers to international trade and to recognize all WTO members in order to protect legitimate interests on the basis of their regulatory autonomy, although they encourage the application of international standards. The list of legitimate interests that may justify a trade restriction is not exhaustive and covers the protection of the environment, health and safety of people and animals. [1] If a measure is a technical regulation and not a standard centre, if it is „mandatory.“ When a measure is established to be a technical regime, it is governed by Article 2 OEE. This decision has been criticized for over-extending the term „mandatory,“ making the distinction between technical rules and standards meaningless. [6] A standard is a document approved by an accredited body that sets out guidelines or characteristics that are not mandatory.

It may contain terminology, symbols, packaging or labelling requirements and may apply to a product, process or manufacturing process. Standards differ from technical regulations in that they are not binding. Although they are voluntary, producers often have no choice but to respect them for commercial practice. [4] to ensure product equality, compatibility and interchangeability. The Technical Barriers to Trade Agreement (commonly known as the OTC Agreement) is an international treaty managed by the World Trade Organization. It was last renegotiated in Uruguay`s round of the General Agreement on Tariffs and Trade, its current form having entered into force with the creation of the WTO in early 1995, which binds all WTO members.