Agreement on Technical Barriers to Trade
Members,
- taking into account the Uruguay Round of Multilateral Trade Negotiations;
- desiring to promote the achievement of the objectives of the GATT 1994;
- Recognising the important contribution that international standards and conformity assessment systems can make in this regard to increasing the efficiency of production and facilitating the management of international trade;
- therefore wishing to encourage the development of such international standards and conformity assessment systems;
- Desiring to ensure that technical regulations and standards, including packaging, marking and labelling provisions and procedures for assessing conformity to technical regulations and standards, do not create unnecessary barriers to international trade;
- Recognizing that nothing should prevent any country from taking measures necessary to ensure the quality of its exports or to protect human, animal or plant life or health, to protect the environment or to prevent fraudulent practices at a level it considers appropriate, provided that such measures are not applied in a manner that would create a means of arbitrary or unjustifiable discrimination between countries where such conditions prevail or a disguised restriction on international trade and are otherwise consistent with the provisions of this Agreement;
- Recognizing that nothing should prevent any country from taking such measures as are necessary to protect the interests of its security;
- Recognizing the contribution that international standardization can make to the transfer of technology from developed to developing countries;
- Recognizing that developing countries may encounter particular difficulties in establishing or applying technical regulations, standards and procedures for assessing conformity to technical regulations and standards and desiring to assist them in this regard;
they agreed as follows:
Article 1
General provisions
1.1 General terms for standardization and conformity assessment procedures will normally have the meaning given to them by definitions adopted within the United Nations system and by international standardization bodies, taking into account their relationship to the object and purpose of this Agreement.
1.2 For the purposes of this Agreement, the terms and expressions shall have the meanings set out in Annex 1.
1.3 All products, including industrial and agricultural products, shall be subject to the provisions of this Agreement.
1.4 Purchasing specifications prepared by governmental authorities for the production or consumption requirements of such authorities shall not be subject to the provisions of this Agreement, but shall be subject to the Government Procurement Agreement as it applies.
1.5 The provisions of this Agreement shall not apply to sanitary and phytosanitary measures as defined in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures.
1.6 All references in this Agreement to technical regulations, standards and conformity assessment procedures shall be interpreted to include any amendments to the rules or to the scope of the products concerned, except for amendments of a non-substantive nature.
TECHNICAL REGULATIONS AND STANDARDS
Article 2
Preparation, adoption and application of technical regulations by the authorities
central governments
As far as the organs of their central government are concerned:
2.1 Members shall ensure that, in respect of technical regulations, products imported from the territory of any Member shall be accorded treatment no less favourable than that accorded to like products of domestic origin and to like products originating in any other country.
2.2 Members shall ensure that technical regulations are not prepared, adopted or applied with the purpose or effect of creating unnecessary barriers to international trade. To this end, technical regulations shall not restrict trade more than is necessary to achieve a legitimate objective, taking into account the risks that failure to comply might entail. Such legitimate objectives include, inter alia, national security, the prevention of fraudulent practices, the protection of human health or safety, animal or plant health or life, or the protection of the environment. In assessing such risks, account shall be taken, as appropriate, inter alia, of available scientific and technical information, the relevant processing technology or the intended end-use of the products.
2.3 Technical regulations shall not be maintained in force if the circumstances or objectives for which they were adopted have ceased to exist or have changed so that they can be achieved in a manner that is less restrictive to trade.
2.4 Where technical regulations are required and relevant international standards exist or are nearing completion, Members shall use them, or relevant parts thereof, as the basis for their technical regulations except where the international standards, or relevant parts thereof, are ineffective or inappropriate to achieve the legitimate objectives pursued, for example, because of significant climatic or geographical factors or significant technological problems.
2.5 A Member preparing, adopting or applying a technical regulation which may significantly affect the trade of another Member shall, if requested by the other Member, explain the reasons for the introduction of that technical regulation within the meaning of paragraphs 2 to 4. Whenever a technical regulation is prepared, adopted or applied to fulfil one of the legitimate objectives expressly mentioned in paragraph 2 and is in conformity with relevant international standards, it shall be presumed not to create an unnecessary obstacle to international trade, which presumption shall be rebuttable.
2.6 With a view to harmonising technical regulations on the widest possible basis, Members will participate fully, within the limits of their resources, in the development of international standards by the relevant international standardisation bodies for products for which they have either adopted or intend to adopt technical standards.
2.7 Members will look favourably on the equivalence of the technical regulations of other Members, even where those regulations differ from their own, provided that they are satisfied that those regulations adequately meet the objectives of their own regulations.
2.8 Where appropriate, Members will specify technical provisions based on manufacturing requirements in the operating conditions rather than in design or descriptive characteristics.
2.9 If there is no appropriate international standard or if the technical content of the proposed technical regulation does not correspond to the technical content of the relevant international standard and if the technical regulation may have a significant effect on the trade of other Members, Members shall:
2.9.1. publish a notice in print of the intended adoption of the STC in sufficient time to enable interested parties of other Members to become familiar with it;
2.9.2. notify, through the Secretariat, the other Members of the products to which the proposed technical regulation will apply, together with a brief statement of its objective and justification. These notifications shall be made at a stage of preparation that still allows for changes to be made and comments to be taken into account;
2.9.3. on request, communicate to other Members the details or provide copies of the proposed technical regulation and, whenever possible, identify those parts which differ substantially from the relevant International Standard;
2.9.4. nondiscriminatorily provide other Members with a reasonable period of time to submit written comments, discuss such comments upon request, and take such written comments and the results of such discussions into account.
2.10 Except as otherwise provided in the introductory part of paragraph 9, where urgent problems relating to safety, health, environmental protection or national security arise or threaten to arise for a Member, that Member may, if it considers it necessary, waive the steps referred to in paragraph 9 if, in adopting a technical regulation:
2.10.1. immediately notify the other Members, through the Secretariat, of the relevant technical regulation and the products to which it applies, with a brief statement of the objective and justification of the technical regulation, including the nature of the urgent problems;
2.10.2. provide copies of the Technical Regulations to other Members upon request;
2.10.3. nondiscriminatorily allow other Members to submit comments in writing, discuss such comments upon request, and take such written comments and the results of such discussions into account.
2.11 Members shall ensure that all technical regulations that have been adopted are promptly published or otherwise made available in such a manner as to enable interested parties of other Members to become familiar with them.
2.12. Except in urgent circumstances as referred to in paragraph 10, Members shall provide a reasonable period of time between the publication of technical regulations and their entry into force in order to allow time for the manufacturers of exporting Members, particularly in developing Members, to adapt their products or production methods to the requirements of the importing Member.
Article 3
Preparation, adoption and application of technical standards by local governmental and non-governmental bodies
As far as local government and non-government bodies in their territory are concerned:
3.1 Members shall take such reasonable and available measures to ensure that such authorities comply with the provisions of Article 2, except for the obligation to make notifications referred to in paragraphs 9.2 and 10.1 of Article 2.
3.2 Members shall ensure that technical regulations of local governmental authorities under the direct authority of the central government of a Member are notified in accordance with the provisions of paragraphs 9.2 and 10.1 of Article 2, provided that no notification shall be required of technical regulations whose technical content is substantially the same as those technical regulations which have been previously notified by the central government authorities of the Member concerned.
3.3 Members may request that communications with other Members, including notifications, information, comments and discussions referred to in paragraphs 9 and 10 of Article 2, be made through the Central Government.
3.4 Members shall not take measures that would require or encourage local governmental or non-governmental authorities within their territory to act in a manner inconsistent with the provisions of Article 2.
3.5 Members shall be fully responsible under this Agreement for compliance with all provisions of Article 2. Members shall develop and implement decisive measures and mechanisms to promote compliance with the provisions of Article 2 by authorities other than central government authorities.
Article 4
Preparation, adoption and application of standards
4.1 Members shall ensure that their central governmental standards bodies adopt and follow the Code of Good Practice for the Preparation, Adoption and Application of Standards set out in Annex 3 to this Agreement (hereinafter referred to as the "Code of Good Practice"). They shall take such reasonable and available measures to ensure that local governmental and non-governmental standard-setting bodies in their territories, as well as regional standard-setting bodies of which they or one or more institutions or organizations in their territories are members, adopt and comply with the Code of Good Practice. In addition, Members shall not take measures that directly or indirectly require or encourage these bodies to act in a manner inconsistent with the Code of Good Practice. The obligations of Members regarding compliance by their standard-setting bodies with the provisions of the Code of Practice shall be fulfilled whether or not the standard-setting body has adopted the Code of Practice.
4.2 Standards bodies that have adopted and adhere to the Code of Practice shall be recognized by Members as following the principles of this Agreement.
COMPLIANCE WITH TECHNICAL REGULATIONS AND STANDARDS
Article 5
Procedures for assessing conformity with technical regulations or standards, carried out by central government bodies
5.1 Members shall ensure that where confirmation is required that products conform to technical regulations or standards, the Central Government authorities apply the following provisions to products originating in the territories of other Members:
5.1.1. conformity assessment procedures shall be prepared, adopted and applied so as to provide access to suppliers of like products originating in the territories of other Members on terms no less favourable than those applicable to suppliers of like products of domestic origin or originating in any other country in a comparable situation; access shall ensure the supplier's right to have conformity assessment carried out in accordance with the rules of the procedure, including, where the procedure so provides, the possibility of having conformity assessment carried out at a place equipped for that purpose and of obtaining the certification mark of the system;
5.1.2. conformity assessment procedures shall not be developed, adopted or applied with the intent or purpose of creating unnecessary barriers to international trade. This means, among other things, that conformity assessment procedures will not be more stringent or applied more stringently than is strictly necessary to give the importing Member reasonable assurance that its products conform to the applicable technical regulations or standards, taking into account the risks that non-conformity could cause.
5.2 In implementing the provisions of paragraph 1, Members shall ensure:
5.2.1. that conformity assessment procedures be carried out and completed as expeditiously as possible and in a manner no less favourable to products originating in the territories of other Members than to like domestic products;
5.2.2. that the duration of the single processing time for each conformity assessment is published or that the estimated processing time is communicated to the applicant upon request; that the competent authority, upon receipt of an application, promptly checks the completeness of the documentation and informs the applicant accurately and completely of any deficiencies; that the competent authority delivers to the applicant, as soon as possible, the accurate and complete results of the conformity assessment so that corrective action can be taken if necessary; that the competent authority proceeds with the conformity assessment as expeditiously as possible, even if the application is deficient, if the applicant so requests; that the applicant is kept informed of the progress of the procedure on request and any delay is explained to the applicant;
5.2.3. that requests for information are limited to what is necessary for assessing compliance and setting fees;
5.2.4. that the confidentiality of information on products originating in the territories of other Members, arising from or provided in connection with conformity assessment procedures, shall be maintained in the same manner as for products of domestic origin and in such a way as to protect legitimate commercial interests;
5.2.5. that any fees imposed for conformity assessment of products originating in the territories of other Members shall be equitable in relation to any fees imposed for conformity assessment of similar products of domestic origin or originating in any other country, taking into account communication, transportation and other costs resulting from the different location of the applicant's facilities and the conformity assessment body;
5.2.6. that the location of the equipment used for conformity assessment and sampling is not such as to cause undue hardship to applicants or their representatives;
5.2.7. that whenever the specification of a product is changed as a result of a decision on its compatibility with the applicable technical regulations or standards, the procedure for assessing the conformity of the changed product is limited to that necessary to establish that there is reasonable assurance that the product still complies with the technical regulations or standards concerned;
5.2.8. that there is a procedure for reviewing complaints concerning the conduct of conformity assessment and, if the complaint is justified, take corrective action.
5.3 Nothing in paragraphs 1 and 2 of Article 5 shall prevent Members from making reasonable random inspections in their territories.
5.4. In cases where positive assurance is required that products conform to technical regulations or standards and there are relevant guidelines or recommendations issued by international standardization bodies or are nearing completion, Members shall ensure that the Central Government authorities use them or the relevant parts thereof as the basis for their conformity assessment procedures, except where, as will be duly explained on request, such guidelines or recommendations, or relevant parts thereof, are inappropriate for the Members concerned for reasons such as, inter alia, national security requirements, the prevention of fraudulent practices, the protection of human, animal or plant health or safety, or the protection of the environment, significant climatic or other geographical factors, significant technological or infrastructural problems.
5.5 With a view to harmonising conformity assessment procedures on the broadest possible basis, Members will participate fully, within the limits of their resources, in the work of the relevant international standardisation bodies to develop appropriate guidelines and recommendations for conformity assessment procedures.
5.6 If the applicable guideline or recommendation is not issued by an international standardization body, or if the technical content of the proposed conformity assessment procedure is not consistent with the applicable guideline or recommendation issued by an international standardization body, and if the conformity assessment procedure may significantly affect the trade of other Members, Members shall:
5.6.1. publish a notice in print of the intended adoption of the special conformity assessment procedure in sufficient time to allow interested parties of other Members to become familiar with it;
5.6.2. notify, through the Secretariat, the other Members of the products to which the proposed conformity assessment procedure will apply, together with a brief statement of its objective and justification. These notifications shall be made at a stage of preparation that still allows for changes to be made and comments to be taken into account;
5.6.3. on request, communicate to other Members the details or provide copies of the proposed procedure and, whenever possible, identify those parts that differ substantially from applicable guidelines or recommendations issued by international standardization bodies;
5.6.4. nondiscriminatorily provide other Members with a reasonable period of time to submit written comments, discuss such comments upon request, and take such written comments and the results of such discussions into account.
5.7 Except as otherwise provided in the introductory part of paragraph 6, in the event that urgent problems relating to safety, health, environmental protection or national security arise or threaten to arise for a Member, that Member may, if it considers it necessary, waive the steps referred to in paragraph 6 if, in adopting the procedure:
5.7.1. immediately notify the other Members, through the Secretariat, of the specific procedure and the products involved, with a brief statement of the objective and justification for the procedure, including the nature of the urgent problems;
5.7.2. provide copies of the Rules of Procedure to other Members upon request;
5.7.3. nondiscriminatorily allow other Members to submit comments in writing, discuss such comments upon request, and take such written comments and the results of such discussions into account.
5.8 Members shall ensure that all conformity assessment procedures that have been adopted are promptly published or otherwise made available in a manner that enables interested parties of other Members to become familiar with them.
5.9 Except in the urgent circumstances referred to in paragraph 7, Members shall provide a reasonable period of time between the publication of regulations concerning conformity assessment procedures and their entry into force in order to allow time for manufacturers of exporting Members, particularly in developing Member countries, to adapt their products or production methods to the requirements of the importing Member.
Article 6
Recognition of compliance by central government authorities
As far as the organs of their central government are concerned:
6.1 Without prejudice to the provisions of paragraphs 3 and 4, Members shall, whenever possible, ensure that the results of the conformity assessment procedures of other Members are accepted, even if these procedures differ from their own, provided that they are satisfied that these procedures provide assurance of conformity with applicable technical regulations or standards corresponding to their own procedures. It is recognised that prior consultation may be necessary to reach a mutually satisfactory arrangement concerning, in particular:
6.1.1. adequate and sustained technical competence of the exporting Member's competent conformity assessment bodies such that there can be confidence in the continued reliability of their conformity assessment results; in this regard, confirmed recognition, for example by accreditation with relevant guidelines and recommendations, issued by an international standards organization shall be taken into account as an indication of adequate technical competence;
6.1.2. limit acceptance of conformity assessment results to those issued by the designated institutions and authorities of the exporting Member.
6.2 Members shall ensure that their conformity assessment procedures allow for the most appropriate implementation of the provisions of paragraph 1.
6.3 Members are encouraged to indicate their willingness to enter into negotiations, at the request of other Members, with a view to concluding agreements on mutual recognition of the results of their conformity assessment procedures. Members may require that such agreements meet the criteria of paragraph 1 and be mutually satisfactory in terms of their ability to facilitate trade in the products concerned.
6.4 Members are encouraged to allow conformity assessment bodies located in the territories of other Members to participate in their conformity assessment procedures under conditions no less favourable than those accorded to bodies located in their territory or in the territory of any other country.
Article 7
Conformity assessment procedures applied by local government bodies
As far as their local governments are concerned in their territory:
7.1 Members shall take such reasonable and available measures to ensure that such authorities comply with the provisions of Articles 5 and 6, except for the obligation to make notifications referred to in paragraphs 6.2 and 7.1 of Article 5.
7.2 Members shall ensure that conformity assessment procedures of local governmental bodies under the direct authority of the central government of a Member are notified in accordance with the provisions of paragraphs 6.2 and 7.1 of Article 5, provided that notifications of conformity assessment procedures whose technical content is substantially the same as those conformity assessment procedures that have been previously notified by the central government of the Member concerned shall not be required.
7.3 Members may request that communications with other Members, including notifications, information, comments and discussions referred to in paragraphs 6 and 7 of Article 5, be made through the Central Government.
7.4 Members shall not take measures that would require or encourage local government authorities within their territory to act in a manner inconsistent with the provisions of Articles 5 and 6.
7.5 Members shall be fully responsible under this Agreement for compliance with all provisions of Articles 5 and 6. Members shall develop and implement decisive measures and mechanisms to promote compliance with the provisions of Articles 5 and 6 by authorities other than central government authorities.
Article 8
Conformity assessment procedures applied by non-governmental bodies
8.1 Members shall take such reasonable and available measures to ensure that non-governmental bodies applying conformity assessment procedures in their territories comply with the provisions of Articles 5 and 6, except for the obligation to notify proposed conformity assessment procedures. In addition, Members shall not take measures that directly or indirectly require or encourage such bodies to act in a manner inconsistent with the provisions of Articles 5 and 6.
8.2 Members shall ensure that their central government authorities rely on conformity assessment procedures carried out by non-governmental bodies only when those bodies follow the provisions of Articles 5 and 6, except for the obligation to notify proposed conformity assessment procedures.
Article 9
International and regional systems
9.1 Where confirmation of conformity to a technical regulation or standard is required, Members shall, wherever practicable, develop and adopt international conformity assessment schemes and become members of or participate in them.
9.2 Members shall take such reasonable and available measures to ensure that international and regional conformity assessment systems of which the competent authorities in their territories are members or participants comply with the provisions of Articles 5 and 6.
9.3 Members shall ensure that their central government authorities rely on international or regional conformity assessment systems only to the extent that such systems are consistent with the provisions of Articles 5 and 6, as appropriate.
INFORMATION AND ASSISTANCE
Article 10
Information on technical regulations, standards and conformity assessment procedures
10.1 Each Member shall ensure that there is a clearinghouse to answer all reasonable questions from other Members and interested parties of other Members and to provide relevant documentation relating to:
10.1.1. any technical regulations adopted or proposed in its territory by central or local governmental bodies, non-governmental bodies having the power to establish technical regulations, or regional standardization bodies of which such bodies are members or participants;
10.1.2. any standards adopted or proposed in its territory by central or local governmental bodies or regional standards bodies of which such bodies are members or participants;
10.1.3. any conformity assessment procedures or proposed conformity assessment procedures applied in its territory by central or local governmental bodies or non-governmental bodies having competence to establish technical regulations or by regional bodies of which such bodies are members or participants;
10.1.4. the membership and participation of the Member, or relevant central or local governmental authorities within its territory, in international and regional standardization bodies and conformity assessment systems, as well as in bilateral and multilateral arrangements under this Agreement; adequate information on the provisions of such systems and arrangements may also be provided;
10.1.5. the location where reports published under this Agreement may be found or an indication of the place where such information may be obtained; and
10.1.6. the location of the information centre referred to in paragraph 3.
10.2 However, if for legal or administrative reasons more than one clearinghouse is established by a Member, that Member shall provide the other Members with full and non-ambiguous information on the scope of responsibility of each of these clearinghouses. That Member shall also ensure that any queries addressed to the wrong clearing house are promptly directed to the appropriate clearing house.
10.3 Each Member shall take such reasonable measures as will enable it to ensure that one or more information centres are established to answer all reasonable enquiries from other Members and interested parties of other Members and to provide relevant documentation or information, where available, relating to:
10.3.1. any standards adopted or proposed in its territory by non-governmental standards bodies or regional standards bodies of which such bodies are members or participants; and
10.3.2. any conformity assessment procedures or proposed conformity assessment procedures applied in its territory by non-governmental bodies or regional bodies of which such bodies are members or participants;
10.3.3. the membership and participation of relevant non-governmental bodies in its territory in international and regional standardisation bodies and conformity assessment schemes, as well as in bilateral and multilateral arrangements under this Agreement; adequate information on the provisions of such schemes and arrangements may also be provided.
10.4 Members shall take such reasonable and available measures as will ensure that where copies of documents are requested by other Members or interested parties of other Members in accordance with the provisions of this Agreement, such copies shall be provided, if not free of charge, at a fair price which shall be the same for nationals of (1) the Member concerned or any other Member, excluding the actual cost of postage.
10.5 Developed Members shall, if requested by other Members, provide copies of documents referred to in specific notices or, in the case of voluminous documents, extracts from such documents, translated into English, French or Spanish.
10.6 The Secretariat, upon receipt of notifications in accordance with the provisions of this Agreement, shall circulate the text of such notifications to all Members and interested international standardization and conformity assessment bodies and shall bring to the attention of developing Member countries any notifications concerning products in which they have a particular interest.
10.7 Whenever a Member reaches an agreement with any other country or countries on matters relating to technical regulations, standards or conformity assessment procedures that may significantly affect trade, at least one Member that is a party to the agreement shall notify the other Members through the Secretariat of the products covered by the agreement and attach a brief description of the agreement. The Members concerned shall be invited, upon request, to enter into consultations with other Members with a view to concluding similar agreements or to securing their participation in such agreements.
10.8 Nothing in this Agreement shall be construed as an obligation:
10.8.1. publish texts in a language other than the language of the Member;
10.8.2. communicate details or provide texts of proposals in a language other than the language of the Member, except as provided in paragraph 5; or
10.8.3. on Members to disclose information which they believe would be contrary to essential security interests.
10.9 Notifications shall be submitted to the Secretariat in English, French or Spanish.
10.10.The Members shall designate a single central government authority to be responsible at the national level for implementing the provisions of this Agreement relating to notification procedures, except those set out in Annex 3.
10.11.However, if, for legal or administrative reasons, responsibility for notification procedures will be divided between two or more central governmental authorities, the Member concerned shall provide the other Members with full and non-ambiguous information on the extent of the responsibility of each of these authorities.
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1) "National" under this Agreement means, in respect of a separate customs territory of a WTO Member, natural or juridical persons who are resident or have their actual place of industrial or commercial establishment in that customs territory.
Article 11
Technical assistance to other Members
11.1 Members will, upon request, advise other Members, particularly developing Member countries, in the preparation of technical regulations.
11.2 Members will, upon request, advise other Members, particularly developing Member countries, and provide technical assistance to them on mutually agreed terms, regarding the establishment of national standards bodies and participation in international standards bodies, and encourage their national standards bodies to do likewise.
11.3 Members shall, upon request, take such reasonable and available measures to enable the governing bodies in their territories to advise other Members, in particular developing Member countries, and to provide technical assistance to them on mutually agreed terms concerning:
11.3.1. the establishment of regulatory or technical conformity assessment bodies; and
11.3.2. the methods by which the technical regulations can best be complied with.
11.4 Members shall, upon request, take such reasonable and available measures as will enable them to ensure the provision of advice to other Members, in particular developing Member countries, and to provide technical assistance to them on mutually agreed terms concerning the establishment of bodies for the assessment of conformity to standards adopted in the territory of the requesting Member.
11.5 Members shall, upon request, advise other Members, in particular developing Member countries, and provide them with technical assistance, on mutually agreed terms and conditions, on measures that their manufacturers should take if they wish to have access to conformity assessment systems operated by governmental or non-governmental bodies in the territory of the Member receiving the request.
11.6 Members that are members of or participants in international or regional conformity assessment schemes shall, upon request, advise other Members, in particular developing Member countries, and provide technical assistance to them on mutually agreed terms, on the establishment of institutions and legal frameworks to enable them to fulfil their obligations in relation to membership or participation in such schemes.
11.7 Members shall, if requested, encourage authorities in their territories which are members of or participants in international or regional conformity assessment schemes to advise other Members, particularly developing Member countries, and to take into account their requests for technical assistance concerning the establishment of institutions to enable the competent authorities in their territories to fulfil the obligations arising from membership of or participation in such schemes.
11.8 In providing advice and technical assistance to other Members within the meaning of paragraphs 1 to 7, Members shall give priority to the needs of the least developed Member countries.
Article 12
Special and differential treatment for developing Member States
12.1.Members shall accord differential and more favourable treatment to developing Member countries, Members of this Agreement, in accordance with the following provisions and the relevant Articles of this Agreement.
12.2 Members shall pay special attention to the provisions of this Agreement relating to the rights and obligations of developing Member countries and shall take into account the special development, financial and business needs of developing Member countries in the application of this Agreement in those countries and in the implementation of the institutional provisions of this Agreement.
12.3 Members shall take into account the specific development, financial and business needs of developing Member countries in the preparation and application of technical regulations, standards and conformity assessment procedures to ensure that such technical regulations, standards and conformity assessment procedures do not create unnecessary barriers to exports from developing Member countries.
12.4 Members recognize that, while there may be international standards, guidelines or recommendations, developing Member countries, in their particular technological and socio-economic circumstances, shall adopt certain technical regulations, standards or conformity assessment procedures aimed at protecting their own technology and production methods and practices compatible with their development needs. Members therefore recognize that developing Member countries cannot be expected to use international standards as the basis for their technical regulations or standards, including test methods, which are not appropriate to their development, financial and commercial needs.
12.5 Members shall take such reasonable and available measures to ensure that international standardization bodies and international conformity assessment systems are organized and managed in a manner that allows for the active and representative participation of the competent authorities of all Members, taking into account the special concerns of developing Member countries.
12.6 Members shall take such reasonable and available measures to ensure that international standards bodies, at the request of developing Member countries, explore the possibility of, and where possible prepare, international standards relating to products of particular interest to developing Member countries.
12.7 Members shall, in accordance with the provisions of Article 11, provide technical assistance to developing Member countries to ensure that the preparation and application of technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to the development and diversification of exports from developing Member countries. In determining the terms and conditions of technical assistance, account will be taken of the level of development of requesting Members, in particular the least developed Members.
12.8 It is recognized that developing member countries may face particular challenges, including institutional and infrastructural challenges, in the development and application of technical regulations, standards and conformity assessment procedures. It is further recognized that the special development and business needs of developing Member countries, as well as their degree of technological development, may impede their ability to properly meet their obligations under this Agreement. Members shall therefore take this fact fully into account. Accordingly, and in order to ensure that developing Members are able to comply with this Agreement, the Committee on Technical Barriers to Trade established under Article 13 (hereinafter referred to as "the Committee") shall be permitted to grant, upon request, specific, time-limited, total or partial exemptions from the obligations under this Agreement. In considering such requests, the Committee shall take into account the special problems in the development and application of technical regulations, standards and conformity assessment procedures and the special developments and business needs of the developing Member country, as well as its degree of technological development, which may impede its ability to properly fulfil its obligations under this Agreement. In particular, the Committee shall take into account the special problems of the least developed Member countries.
12.9 During consultations, developed Member countries will take into account the special difficulties encountered by developing Member countries in developing and implementing standards and technical regulations and conformity assessment procedures and, in an effort to assist developing Member countries in their efforts in this regard, developed Member countries will take into account the special financing, trade and development needs of developing countries.
12.10 The Committee will periodically review the special and differential treatment provided in this Agreement to developing Member countries at the national and international levels.
INSTITUTIONS, CONSULTATION AND DISPUTE RESOLUTION
Article 13
Committee on Technical Barriers to Trade
13.1 A Technical Barriers to Trade Committee is hereby established, which shall be composed of representatives of each Member. The Committee shall elect its own chairperson and shall meet as necessary, but at least annually, to enable Members to consult on any matter relating to the operation of this Agreement or the furtherance of their objectives and to carry out those duties assigned to it by this Agreement or by the Members.
13.2 The Committee shall establish working groups or other appropriate bodies to carry out such duties as may be assigned to them by the Committee in accordance with the relevant provisions of this Agreement.
13.3 It is understood that unnecessary duplication of work under this Agreement and the work of governments in other technical bodies should be avoided. The Committee will investigate this problem with a view to reducing such duplication as far as possible.
Article 14
Consultation and dispute resolution
14.1 Consultations and dispute settlement on any matter relating to the operation of this Agreement shall be conducted under the auspices of the Dispute Settlement Body and shall be carried out mutatis mutandis in accordance with the provisions of Articles XXII and XXIII of the GATT 1994 as elaborated and applied by the Dispute Settlement Understanding.
14.2 At the request of any disputing Party or on its own initiative, the Panel may establish a technical group of experts to assist in resolving issues of a technical nature and to request detailed assessments from the experts.
14.3 The Technical Expert Groups will follow the procedures set out in Annex 2.
14.4 The above provisions relating to dispute resolution may be invoked where a Member considers that another Member has failed to achieve satisfactory results under Articles 3, 4, 7, 8 and 9 and that its business interests are materially affected. In this respect, such results shall be equivalent to those if the body in question were a Member.
FINAL PROVISIONS
Article 15
Final provisions Reservations
15.1 No reservations may be made to any provision of this Agreement without the consent of the other Members. Review
15.2 Each Member shall, promptly after the WTO Agreement enters into force for it, inform the Committee of measures, existing or adopted, to ensure the implementation of this Agreement. Any subsequent changes to such measures shall also be notified to the Committee.
15.3 The Committee will review annually the implementation and application of this Agreement in light of its objectives.
15.4 No later than the end of the third year after the date of entry into force of the WTO Agreement, and at the end of each subsequent three-year period, the Committee shall review the operation and application of this Agreement, including the provisions relating to transparency, with a view to recommending adjustments to the rights and obligations arising thereunder where necessary to ensure the mutual economic benefit and balance of rights and obligations, without prejudice to the provisions of Article 12. Taking into account, inter alia, the experience gained in the application of this Agreement, the Committee shall, where appropriate, make proposals to the Council for Trade in Goods for amendments to the text of this Agreement. Annexes
15.5 The Annexes to this Agreement form an integral part of this Agreement.
ANNEX 1
TERMS AND DEFINITIONS FOR THE PURPOSES OF THIS AGREEMENT
The terms referred to in the sixth edition of ISO/IEC Instruction 1) 2: 1991 - General terms and their definitions, relating to standardization and related activities, when used in this Agreement, shall have the same meaning as given to them in the definitions of that Instruction, taking into account that services are excluded from the scope of this Agreement.
However, for the purposes of this Agreement, the following definitions will apply:
1. Technical regulation
A document specifying the characteristics of products or procedures and methods of manufacture relating thereto, including appropriate administrative provisions, compliance with which is mandatory. It may also include or relate exclusively to terminology, symbols, packaging regulations, marking or labelling of the product, manufacturing process or method.
Explanation
The definition in ISO/IEC Instruction 2 is not closed, but is based on the so-called "building block system".
2. Standard
A document, approved by a recognised body, which provides, for general and repeated use, rules, instructions or characteristics of products or of processes and methods of manufacture relating thereto, compliance with which is not mandatory. It may also include or relate exclusively to terminology, symbols, packaging regulations, marking or labelling of a product, manufacturing process or method.
Explanation
The terms as defined in ISO/IEC Instruction 2 include products, processes and services. This Agreement deals only with technical regulations, standards and conformity assessment procedures in relation to products or processes and production methods. Standards as defined in ISO/IEC Instruction 2 may be binding or non-binding. For the purposes of this Agreement, standards are defined as non-binding and technical regulations as binding documents. Standards that are developed by the international standards community are based on consensus. This Agreement also covers documents that are not based on consensus.
3. Procedures for conformity assessment
Any procedure used directly or indirectly to assess whether the relevant provisions of technical regulations or standards are met.
Explanation
Procedures for conformity assessment include, but are not limited to, procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval; and combinations thereof.
4. International body or system
A body or system that allows membership to the competent authorities of all Members.
5. Regional body or system
A body or system that allows membership to the competent authorities of only certain Members.
6. Central Government Body
The central government, its ministries and departments or other bodies subject to the control of the central government in relation to the activity concerned.
Explanation
In the case of the European Communities, the provisions governing central government bodies shall apply. However, regional conformity assessment bodies or systems may be established within the European Communities and in such cases the provisions of this Agreement on regional conformity assessment bodies or systems should apply to them.
7. Local government authority
Executive governmental authorities other than the central government (e.g., states, provinces, countries 2), cantons, municipalities, etc.), their ministries, bureaus or any bodies under the control of such governments in relation to the activity concerned.
8. Non-governmental body
A body, other than a central government body or a local government body, including a non-governmental body, that has the power to enforce technical regulations.
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1) International Organization for Standardization/International Electrotechnical Commission.
2) Länder.
ANNEX 2
TECHNICAL EXPERT GROUPS
The following procedures shall apply to the Technical Groups of Experts established in accordance with the provisions of Article 14.
(1) Technical Expert Groups shall report to the Group of Experts. Their terms of reference and detailed working procedures will be determined by the Group of Experts, which will report back.
(2) Participation in technical expert groups will be limited to persons with expertise and experience in the relevant field.
3. Citizens of the disputing Parties shall not be members of the Technical Expert Group without the mutual agreement of the disputing Parties, unless, on the basis of exceptional circumstances, the Expert Group determines that the need for specialized scientific expertise cannot otherwise be met. Government officials of the disputing Parties shall not serve on the Technical Expert Groups. The members of the Technical Expert Groups will serve in their personal capacity and not as representatives of the Government or as representatives of any organisation. Therefore, they will not be instructed by governments or organizations with respect to the matters dealt with by the Technical Expert Group.
4. Technical Expert Groups may consult and request information and technical advice from any source they deem appropriate. Before requesting such information or advice from a source under the jurisdiction of a Member, the Technical Expert Group shall inform the Government of that Member. Any Member shall respond promptly and fully to any request by the Technical Expert Group for such information as the Technical Expert Group deems necessary and appropriate.
5. The disputing Parties shall have access to all relevant information provided to the Technical Expert Group, unless it is of a confidential nature. Confidential information provided to the Technical Expert Group will not be disclosed without the formal consent of the government, organisation or person who provided the information. In the event that such information has been requested by the Technical Expert Group, but disclosure of the information has not been authorized by the Technical Expert Group, a non-confidential extract will be prepared by the Government, organization or person providing the information.
6. The Technical Expert Group shall submit a draft report to the relevant Members to seek their comments and take them into account, if appropriate, in the final report, which will be circulated, once submitted to the Expert Group, to the relevant Members.
ANNEX 3
A CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND APPLICATION OF STANDARDS
General provisions
A. For the purposes of this Code, the definitions set out in Annex 1 to this Agreement shall apply.
B. Access to this Code shall be open to any standard-setting body in the territory of a WTO Member, whether it is a central government body, a local government body or a non-governmental body; any governmental regional standard-setting body of which one or more members are WTO Members; and any non-governmental regional standard-setting body of which one or more members are located in the territory of a WTO Member (hereinafter collectively referred to as "standard-setting bodies" and individually as "standard-setting body").
C. Standardization bodies that have adopted or withdrawn from this Code shall notify the ISO/IEC Information Centre in Geneva. The notification shall include the name and address of the relevant body and the scope of its current and expected standardization activities. Notification may be sent either directly to the ISO/IEC Clearinghouse or through a national ISO/IEC member body or, preferably, through the relevant national member or international ISONET affiliate, whichever is more appropriate.
BASIC PROVISIONS
D. In relation to standards, the standard-setting body shall accord to products originating in the territory of any other WTO Member treatment no less favourable than that accorded to like products of domestic origin and like products originating in any other country.
E. The standardisation body shall ensure that standards are not prepared, adopted or applied with the purpose or effect of creating unnecessary barriers to international trade.
F. Where international standards exist or are nearing completion, the standards body shall use them or their relevant parts as the basis for standards it develops, except where those international standards or their relevant parts are ineffective or inappropriate, for example, because of inadequate levels of protection or because of significant climatic or geographical factors or significant technological problems.
G. With a view to harmonising standards on the widest possible basis, the standardisation body will participate fully, within the limits of its resources and in an appropriate manner, in the development of international standards by the relevant standardisation bodies on matters for which standards have either already been adopted or are intended to be adopted. For standardisation bodies in a Member's territory, participation in individual international standardisation activities will be undertaken, whenever possible, through a single delegation representing all standardisation bodies in the territory that have adopted or intend to adopt standards for the matter to which the international standardisation activity relates.
H. The standards body in a Member's territory shall make every effort to eliminate duplication or overlap with the work of other standards bodies in the State's territory or with the work of relevant international or regional standards bodies. It shall also make every effort to achieve national consensus with the standards it develops. Similarly, a regional standards body shall make every effort to avoid duplication or overlap with the work of relevant international standards bodies.
I. Where appropriate, the standardisation body will specify standards based on manufacturing requirements in operating conditions rather than in design or descriptive characteristics.
J. At least once every six months, the standardisation body shall publish a work programme containing its name and address, the standards it is currently preparing and the standards it has adopted in the previous period. A standard shall be prepared from the time when the decision to develop the standard is taken until the time when the standard is adopted. The titles of the draft specific standards will be provided in English, French or Spanish upon request. Notification of the existence of the work programme will be published in a domestic or, if the situation so requires, in a regional publication on standardisation activities.
The work programme will, in accordance with ISONET rules, identify for each standard the appropriate classification for the matter, the stage reached in the development of the standard and the references to the international standards that have been used as a basis. No later than the time of publication of its work programme, the standardisation body shall notify the ISO/IEC Information Centre in Geneva of its existence.
The notification will include the name and address of the standardisation body, the name and number of the publication in which the work programme is published, the period covered by the programme, its cost (if not free) and how and where it can be obtained. Notification may be sent either directly to the ISO/IEC Information Centre or preferably through the relevant national member or international ISONET affiliate.
K. A national ISO/IEC member shall make every effort to become a member of ISONET or designate another body to become a member to achieve the most advanced type of ISONET membership possible. Other standardisation bodies shall make every effort to achieve affiliation to an ISONET member.
L. Prior to the adoption of a standard, the standard-setting body shall provide interested parties in the territory of the WTO Member with at least 60 days to submit comments on the draft standard. However, this period may be shortened in cases where serious safety, health or environmental problems arise or threaten to arise. No later than the beginning of the comment period, the standardisation body shall publish a notice of the comment period in the publication referred to in paragraph J. This notice shall, where possible, include a statement as to whether the draft standard deviates from the relevant international standards.
M. At the request of any interested party in the territory of a WTO Member, the standard-setting body shall promptly provide, or cause to be provided, a copy of the draft standard it has submitted for comment. Any charges for this service, except for the actual cost of shipment, shall be the same for the foreign and domestic parties.
N. The standardisation body shall take into account the comments received during the submission period when further developing the standard. Comments received through standardisation bodies that have acceded to this Code of Practice will be responded to as quickly as possible upon request. The response will include an explanation of why a deviation from the relevant international standards is necessary.
O. Once adopted, the standard will be published without delay.
P. At the request of any interested party in the territory of a WTO Member, the standard-setting body shall promptly provide, or cause to be provided, a copy of its most recent work programme or the standard it has developed. Any charges for this service, except for the actual cost of shipment, shall be the same for the foreign and domestic parties.
Q. The standards body shall give favourable consideration and provide an appropriate opportunity for consultation on comments concerning the operation of this Code submitted by standards bodies that have adopted this Code of Practice. It shall make an impartial effort to resolve any complaint.