International Standards and the TBT Agreement

1
International Standards and the TBT Agreement

• Ludivine Tamiotti
• WTO, Trade and Environment Division
• Legal Affairs Officer
• ludivine.tamiotti_at_wto.org

2
What products are subject to TBT provisions?
TBT applies to ....
TBT Article 1.3All products, including
industrial and agricultural products, shall be
subject to the provisions of this Agreement.
3
What products are subject to TBT provisions?
TBT does not apply to
Regulations and standards related to services
Sanitary and phytosanitary (SPS) measures
Purchasing specifications prepared by governments
4
Applicability of the TBT Agreement
5
Technical Regulation
Definition
It lays down product characteristics
TBT Annex 1.1
...or their related processes and production
methods
Compliance is mandatory
6
Technical Regulation
Examples
terminology requirements
symbols requirements
TBT Annex 1.1
packaging requirements
marking requirements
labelling requirements
7
Standard
TBT Annex 1.2
8
Conformity Assessment Procedure
What for ?
To determine that relevant requirements in
technical regulations or standards are fulfilled
9
Conformity Assessment Procedure
What kind ?
Sampling, testing and inspection
Evaluation, verification and assurance of
conformity
Registration, accreditation and approval
...as well as their combinations
10
Philosophy of the TBT Agreement
Right to Take Regulatory Measures
Avoid Unnecessary Obstacles to Trade
11
Core Disciplines
Discrimination
Avoid
Unnecessary Obstacles to Trade
Harmonization
Equivalence
Using
Mutual Recognition of Conformity Assessment
Results
Transparency
12
Non-Discrimination
Treatment no Less Favourable to Like Products
Originating
13
Avoid unnecessary obstacles to trade
Technical Regulations, Standards, and Conformity
Assessment Procedures
Must not be prepared, adopted or applied so as to
Create unnecessary obstacles to international
trade
14
Avoid unnecessary obstacles to trade
Technical Regulations shall Not be more Trade
Restrictive than Necessary
to Fulfil a Legitimate Objective, taking Account
of the Risks Created by Non-Fulfilment
15
Avoid unnecessary obstacles to trade
Legitimateobjectives
16
Harmonization Principle
17
The Preamble of the TBT Agreement
Development of International Standards is
Encouraged
18
Benefits of Harmonization
Facilitate market access
As the products conforming to the same standards
may be accepted more widely
Reduce costs and allow economies of scales
As producers do not have to design and
manufacture a product in many variations to meet
varying, different standards
Result in lower costs to consumers
Who may compare and chose from a larger number of
suppliers
19
Benefits of Harmonization
Ultimately...
Ease production and trading conditions for
producers, importers and exporters
Minimize obstacles to international trade
Promote trade of developing countries
20
The Harmonization Principle
Members must use international standards,
guidelines and recommendations as a basis for
their national TBT measures
2 key requirements
Members must participate in international
standardizing bodies
21
TBT Article 2.6
Members shall play a full part
Within the limits of their resources
In the preparation by appropriate international
standardizing bodies of international standards,
guides or recommendations
For What ?
Products for which Members have adopted/expected
to adopt technical regulations
22
International Standardizing Bodies ?
They are not explicitly recognized in the TBT
Agreement
23
Decision of the TBT Committee at the Second
Triennial Review
Principles for the Development of International
Standards, Guides and Recommendations
Coherence
Transparency
Development Dimension
Openness
Impartiality and consensus
Effectiveness and relevance
24
Harmonization explained Dispute EC - Trade
Description of Sardines (Peru)
25
Products at issue
Sardina pilchardus(the European Sardine)
2 small fish species
Sardinops sagax (the Peruvian Sardine)
26
The measure at stake
Sardina pilchardus
Sardines
27
The standard
Codex Stan 94 for canned sardines (1978)
Sardina pilchardus
Sardines
28
The standard
Codex Stan 94 for canned sardines (1978)
Sardinops sagax
Peruvian Sardines
20 other species
Pacific Sardines
Sardines Sardinops sagax
Südamerikanische Sardinen
29
TBT Article 2.4
30
The Panel AB Findings
Was the EC Regulation a Technical Regulation?
Was Codex Stan 94 a Relevant International
Standard?
Was Codex Stan 94 used as a basis for the EC
Regulation?
Would Codex Stan 94 have been an ineffective or
inappropriate means for the fulfilment of the
legitimate objectives pursued?
31
Mutually Agreed Solution
Preserved sardine-type products may be marketed
in the EC under a trade description consisting of
the word 'sardines' joined together with the
scientific name of the species
32
Mutually Agreed Solution
Sardinops sagax
Sardines - Sardinops sagax
33
International Standardsand the TBT Agreement

• Ludivine Tamiotti
• WTO, Trade and Environment Division
• Legal Affairs Officer
• ludivine.tamiotti_at_wto.org