TBT Flashcards
WTO TBT Learning
How do you know what agreement to look to first?
Examine measure on basis of agreement that deals “specifically and in detail” with such measures.
ABR, EC-Bananas III
What types of measures does TBT apply to?
Technical regulations (arts 2 and 3)
Standards (art 4)
Conformity Assessment Procedure (art 5)
What is a technical regulation?
Defined in Annex 1.
- Applies to identified product or group of products.
- Lawys down one or more characteristics; and
- Compliance with characteristics is mandatory.
ABR, EC-Sardines
What is a standard?
Defined in Annex 1, para 2
- Document approved by recognised body;
- Provides for common and repeated use, rules, guidelines or characteristics;
- For products or related processes and production methods; and
- For which compliance is not mandatory.
What is difference between technical regulation and standard?
Main difference is compliance is not mandatory for standards.
What is a Conformity Assessment Procedure?
Defined in Annex 1, para 3:
Any procedure used directly or indirectly to determine that relevant requirements in technical regulations or standards are fulfilled.
What does TBT require of regulations?
Art 2.1: Treatment must be no less favourable than national treatment and MFN (same analysis as Art III:4 GATT, Panel, EC-Trademarks).
Likeness differs from GATT when dealing with public health regulations - competition not primary perspective.
Art 2.2: regs must pursue legitimate objective and be not more trade-restrictive than necessary. Two steps (Panel, US-Clove Cigarettes).
How does TBT deal with international standards for analysing technical regulations?
Art 2.4 - Three step analysis (ABR, EC-Sardines):
- Does a relevant international standard (as per ISO/IEC Guide 2 definition) exist or imminent exist?
- Was it used as basis of technical regulation?
- Is international standard ineffective or inappropriate means for fulfilment of legitimate objective?
