Scope Of Tbt Agreement

Scope Of Tbt Agreement

The scope of the OBT consists of the material scope (which measures are included), the personal scope (to whom the measures apply) and the scope over time. The TBT aims to ensure that technical regulations, standards, testing and certification procedures do not create unnecessary barriers to trade. The agreement prohibits technical requirements created to restrict trade, unlike technical requirements created for legitimate purposes such as consumer or environmental protection. [1] Its objective is to avoid unnecessary obstacles to international trade and to grant all WTO members recognition of the protection of legitimate interests in accordance with their own regulatory autonomy, although the application of international standards is encouraged. The list of legitimate interests which may justify a restriction of trade is not exhaustive and covers the protection of the environment, health and safety of humans and animals. [1] Annex 1.1 provides that the technical requirements apply to “product characteristics or associated production processes and methods”, meaning that this does not apply to NPLs. However, in Annex 1.1 and the second sentence of 1.2, the word “parent” is deleted, indicating that technical requirements may apply to labelling. Some scientists argue that the second sentence is read in the context of the first sentence and should therefore be tightened. [3] In the GATT cases, the Tuna Dolphin Group (I and II) did not clarify this issue, but found, in this case, that dolphin safety labelling was a technical regulation under the second sentence. As a result, the labelling of NPRP-PPM products now falls within the scope of the technical regulations. [5] The OBT agreement can be divided into five parts.

1.4). [2] The TBT Agreement also obliges States to inform each other about the technical barriers to trade. In order to allow States to raise their concerns before the entry into force of the measures, members should allow members a reasonable period of time to comment, discuss their comments and have their comments taken into account. Members must notify each other of the proposed OPA provisions if the following three conditions are met: if a measure is found to be a technical regulation, it is governed by Article 2 of the OBT. The Agreement on Technical Barriers to Trade, commonly known as the TBT, is an international treaty administered by the World Trade Organization. It was last renegotiated in the Uruguay Round of the General Agreement on Tariffs and Trade, its current form having entered into force with the creation of the WTO in early 1995 and binding on all WTO members. Annex 1 of the OEE presents three categories of physical measurements; technical rules, standards and conformity assessment. .

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