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Technical Barriers To Trade (Tbt) Agreement

10.1.1. all technical regulations adopted or proposed in its territory by central or local government bodies, by non-governmental bodies empowered to apply a technical regulation or by regional standardisation bodies in which they belong to or participate; The OEE Agreement distinguishes between technical regulations and standards: technical regulations are mandatory measures imposed by governments, while standards are voluntary. Both concepts include measures based on: a body other than a central government body or a local government body, including a non-governmental body, which is legally empowered to enforce a technical regulation. The OEE Agreement was negotiated in the Uruguay Round of multilateral trade negotiations concluded in April 1994. It expanded a narrower code of standards adopted in a previous round of trade negotiations. All WTO members (offline link) are parties to the OBT Agreement, which entered into force on 1 January 1995 and has no expiry date. 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] Whether a measure is a technical regulation, unlike a standard, depends on whether it is “mandatory”. 12.2 Members shall pay particular attention to the provisions of this Agreement relating to the rights and obligations of developing countries and shall take into account the specific development, financial and trade needs of developing country Members in the implementation of this Agreement, both at the national level and in the application of such institutional arrangements. any process used, directly or indirectly, to determine whether relevant regulatory or technical standards requirements are met. However, Article 2(5) provides that, where the technical standards serve one of the legitimate purposes listed in Article 2.2 and, in accordance with the relevant international standards, they are not contrary to paragraph 2 of Article 2.

[2] (PDF here)) 2.12 Except in urgent cases referred to in paragraph 10, Members may allow a reasonable period of time between the publication of the technical regulations and their entry into force to allow producers in exporting Member States, and in particular developing countries, time to adapt their products or production methods to the needs of the importing Member State. 9.1 If a positive assurance of conformity with a set of technical rules or a technical standard is required, Members shall, to the extent possible, formulate and adopt international conformity assessment systems and become members of or participate in such rules. 12.8 It is recognized that members from developing countries may face particular problems, including institutional and infrastructural problems, when developing and applying technical regulations, standards and conformity assessment procedures. It is also recognised that the specific needs of developing Member States and their technological developments may impede their ability to fully fulfil their obligations under this Agreement. Members therefore take full account of this fact. In order to ensure that members of developing countries are able to comply with this Agreement, the Committee on Technical Barriers to Trade provided for in Article 13 (referred to as the Committee of this Agreement) may, upon request, grant time-limited derogations from the obligations under this Agreement, in whole or in part. In considering such applications, the Committee shall take into account the specific problems related to the preparation and application of technical regulations, standards and conformity assessment procedures, as well as the specific development and trade needs of the developing country, as well as its stage of technological development which may impede its ability to fully fulfil its obligations under this Agreement. . .

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