What Is A Technical Regulation In The Tbt Agreement

To complete the notification requirement, each WTO member must set up a national investigative body. It is a point of contact where other WTO members can request and obtain information and documents on a member`s technical rules, standards and testing procedures, whether in place or adopted, as well as participation in bilateral or multilateral standard agreements, regional standards bodies and compliance assessment systems (Article 10). Information services are generally public bodies, but the corresponding functions can also be assigned to private agencies. The requirement to set up investigative centres is particularly important for developing countries. On the one hand, this is the first step by a member of a developing country to implement the OBT agreement. On the other hand, developing countries can obtain information from other MEPs` investigative services on foreign rules and standards concerning products of which they have a commercial interest. Like many other WTO agreements, the TBT agreement includes the obligations of the most favoured nation and the national treatment of GATT. Article 2.1 of the agreement stipulates that products imported from one Member`s territory are not treated less favourably than similar products of domestic origin and similar products originating from another country. This decision has been criticized for over-extending the term “mandatory,” making the distinction between technical rules and standards meaningless. [6] Any member, particularly members of developing countries, may request technical assistance from other members or the WTO secretariat on the terms to be agreed by the members concerned (Article 11). Requests for technical assistance received from the least developed members are given priority. Suppose country A, which wants to protect its environment from high car emissions, assumes that cars are equipped with a catalyst. In country B, the same goal is achieved through the use of diesel engines in motor vehicles.

Since environmental concerns are the same in both countries in order to reduce air pollutant levels A and B, they can agree that their technical requirements are essentially equivalent. Therefore, if domestic car manufacturers A wish to export to country B, they are not required to meet country B`s requirement to assemble diesel engines and vice versa. This eliminates the cost of adapting production facilities to foreign rules. The agreement encourages members to use existing international standards for their national rules or for certain parts of them, unless their use is not effective or inappropriate to achieve a particular political objective. This may be the case. B due to fundamental climatic and geographic factors or fundamental technological problems (Article 2.4). As has already been said, technical rules are refuted by relevant international standards so as not to create unnecessary obstacles to international trade. Similar provisions apply to compliance assessment procedures: international guides or recommendations from international standards bodies or their relevant bodies must be used for national compliance assessment procedures, unless they are unsuitable for national safety requirements, the prevention of fraudulent practices, the protection of human health or safety.

, animal or plant life or health. or environmental protection; Fundamental climatic factors or other geographic factors; basic technology or infrastructure problems (Article 5,4).