Agreement On Technical Barriers To Trade Slideshare

    Annex 1 of the OEE presents three categories of physical measurements; technical rules, standards and conformity assessment. The Appellate Body EC-Asbestos considered that this is a limited category of measures. [3] 41 Article 2, paragraph 2 (TBT) (technical provisions)”Members shall ensure that technical regulations are not developed, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. To that end, technical rules must not be more restrictive than is necessary to achieve a legitimate objective, taking into account the risks of non-compliance. (Highlighted only here) Article 2(2) requires Members not to create unnecessary obstacles to international trade and, on that basis, to ensure that `technical restrictions are not more restrictive than is necessary to achieve a legitimate objective`. The article contains a comprehensive list of legitimate objectives, including requirements for national security and the protection of animal or plant life or health. Annex 1.1 provides that the technical requirements apply to “product properties or associated production processes and methods”, which means that this does not apply to NPLs. However, in Annex 1.1 and the second sentence of 1.2, the word “parent” is deleted, indicating that technical requirements may apply to labelling. Some scientists argue that the second sentence is read in the context of the first sentence and should therefore be tightened. [3] However, Article 2(5) provides that, in areas where technical standards meet one of the legitimate objectives listed in Article 2(2), they are not considered to be contrary to Article 2(2). The TBT aims to ensure that technical regulations, standards, testing and certification procedures do not create unnecessary barriers to trade.

    The agreement prohibits technical requirements created to restrict trade, unlike technical requirements created for legitimate purposes such as consumer or environmental protection. [1] Its objective is to avoid unnecessary obstacles to international trade and to grant all WTO members recognition of the protection of legitimate interests in accordance with their own regulatory autonomy, although the application of international standards is encouraged. The list of legitimate interests which may justify a restriction of trade is not exhaustive and covers the protection of the environment, health and safety of humans and animals.