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International Standards and the TBT Agreement

International Standards and the TBT Agreement. Ludivine Tamiotti WTO, Trade and Environment Division Legal Affairs Officer ludivine.tamiotti@wto.org. What products are subject to TBT provisions?. TBT applies to. TBT Article 1.3 “ All products ,

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International Standards and the TBT Agreement

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  1. International Standards and the TBT Agreement Ludivine Tamiotti WTO, Trade and Environment Division Legal Affairs Officer ludivine.tamiotti@wto.org

  2. What products are subject to TBT provisions? TBT applies to .... TBT Article 1.3“All 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 Technical Regulation Standard Voluntary Measures Mandatory Measures Conformity Assessment Procedure

  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. Approved by a Recognized Body Provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods Compliance is voluntary Standard TBT Annex 1.2

  8. TBT Annex 1.3 Conformity Assessment Procedure What for ? To determine that relevant requirements in technical regulations or standards are fulfilled

  9. TBT Annex 1.3 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 Of national origin From any other country National Treatment Most-Favoured Nation (MFN) 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 National security requirements Protection of human health or safety Protection of animal or plant life or health Protection of the environment Prevention of deceptive practices …Inter alia… 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 Only fish from the species Sardina pilchardus can be marketed as sardines EC Regulation laying down common marketing standards for preserved sardines (1989) 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 Technical regulations are required + If Relevant international standards (IS) exist Members shall use IS as a basis for their technical regulations Then When such IS would be an ineffective or inappropriate means The fulfilment of the legitimate objectives For Except

  30. The Panel & AB Findings YES YES NO NO The EC Regulation is inconsistent with Article 2.4 of the TBT Agreement 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 EC Regulation No 1181/2003 of 2 July 2003 amending Council Regulation No 2136/89 laying down common marketing standards for preserved sardines 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 EC Regulation No 1181/2003 of 2 July 2003 amending Council Regulation No 2136/89 laying down common marketing standards for preserved sardines Sardinops sagax Sardines - Sardinops sagax

  33. International Standardsand the TBT Agreement Ludivine Tamiotti WTO, Trade and Environment Division Legal Affairs Officer ludivine.tamiotti@wto.org

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