World Trade Organization Technical Barriers To Trade Agreement

2.10.2. make copies of the technical regulation available to other Members upon request; In order to ensure that conformity assessment procedures do not create unnecessary obstacles to international trade, the TBT Agreement also provides: 14.2 At the request of a party to the dispute or on its own initiative, a panel may establish a group of technical experts to assist on matters of a technical nature and to require in-depth examination by experts. 12.9 In consultations, members of industrialized countries shall take into account the particular difficulties encountered by members of developing countries in the formulation and application of standards and technical regulations and conformity assessment procedures, and in their desire to assist members of developing countries in their efforts in this regard, members of industrialized countries shall take into account the special needs of Member States on a financing basis; Trade and development. The obligation to avoid unnecessary barriers to trade also applies to conformity assessment procedures. An unnecessary barrier to trade could result from stricter or longer procedures than those necessary to assess compliance with the national laws and regulations of the importing country. For example, information requirements should not be higher than necessary and facilities for conducting conformity assessment and selecting samples should not cause unnecessary inconvenience to officers (Articles 5.2.3 and 5.2.6). 6.3 Members are encouraged, at the request of other Members, to be ready to enter into negotiations for the conclusion of mutual recognition agreements on the results of each other`s conformity assessment procedures. Members may require that such agreements meet the criteria set out in paragraph 1 and that they be mutually exclusive as to their potential to facilitate trade in the products concerned. 6.1 Without prejudice to paragraphs 3 and 4, Members shall ensure, to the extent possible, that the results of conformity assessment procedures are accepted by other Members, even if such procedures differ from their own, provided that they are satisfied that such procedures provide assurance of conformity with applicable technical regulations or standards equivalent to their own procedures.

It is recognised that prior consultation may be necessary to achieve a mutually satisfactory understanding, in particular as regards: for a government, avoiding unnecessary barriers to trade means that negotiations for the preparation of a technical regulation aimed at achieving a specific policy objective – be it the protection of human health, safety, environment, etc. – must not be more restrictive for trade than is necessary to achieve the legitimate objective. According to the TBT Agreement, the establishment of product rules in terms of performance and not design or description features, where appropriate, will also help to avoid unnecessary barriers to international trade (Article 2(8)). For example, a technical regulation for fire doors should require the door to pass all necessary fire resistance tests. For example, it could be stipulated that the door must be fire resistant with a burning time of 30 minutes; It should not be specified how the product should be made, it.B that the door should be made of steel one inch thick. .

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