Since 1977

Agreement On Technical Barriers To Trade Notes

11.1 When necessary, members have advice on other members, including members of the developing country, when developing technical rules. The CTA ensures that technical regulations, standards, testing and certification procedures do not create unnecessary trade barriers. The agreement prohibits technical requirements that are created to restrict trade, contrary to technical requirements created for legitimate purposes, such as consumer or environmental protection. [1] Its objective is to avoid unnecessary barriers to international trade and to recognize all WTO members in order to protect legitimate interests on the basis of their regulatory autonomy, although they encourage the application of international standards. The list of legitimate interests that may justify a trade restriction is not exhaustive and covers the protection of the environment, health and safety of people and animals. [1] The panel and the appeal body in the Tuna-Dolphin GATT case (I and II) considered the U.S. dolphin-proof tuna labelling measures to be a technical regulation. The requirements for the sale of tuna in the United States were not mandatory, but the requirements were mandatory for safe dolphin certification. The appellate body stated that the requirement was binding and therefore de jure, as the United States did not provide other methods for obtaining safe dolphin etiquette.

It is clear from this decision that measures to obtain a monopoly on a given label are considered technical rules, but the test is on a case-by-case basis. [5] Citizens of the parties to the dispute cannot be heard by a group of technical experts without the common agreement of the parties to the dispute, unless the group considers that the need for scientific expertise cannot be met by other means. Government officials of the parties to the dispute are not allowed to sit in a panel of technical experts. Members of technical expert groups perform their individual duties and are not representatives of the government or representatives of an organization. Governments or organizations therefore do not instruct them on the issues in front of a group of technical experts. Compliance assessment is a direct or indirect procedure for determining compliance with the requirements of a technical regulation or standard. Compliance assessments may include sampling and verification methods. Schedule 1 of the OBTR lists three categories of physical measures; technical rules, standardization and compliance assessment.

The Community Asbestos Appeals Body considered this to be a limited category of measures. [3] however, wishing to ensure that technical rules and standards, including packaging, labelling and labelling requirements, and procedures for assessing compliance with technical rules and standards do not create unnecessary barriers to international trade; The EC sardine appeal body found that there was a three-step test to determine whether a measure was a technical regulation: 2.9.3 on request, available to other members or copies of the proposed technical regulation and, where possible, parties that essentially deviate from applicable international standards; The committee is responsible for conducting an annual review of activities related to the implementation and implementation of the OBT agreement, including notifications, specific trade issues, technical assistance activities and OBT litigation.