技术性贸易壁垒(中英文）
regard to the Uruguay Round of Multilateral Trade N
Desiring to further the objectives of GATT 1994; Recognizing the
important contribution that international standards and conformity
assessment systems can make in this regard by improving efficiency
of production and facilitating the conduct of
Desiring therefore to encourage the development of such
international standards and conformit Desiring
however to ensure that technical regulations and standards,
including packaging, marking and labelling requirements, and
procedures for assessment of conformity with technical regulations
and standards do not create unnecessary obstacles to international
Recognizing that no country should be prevented from taking
measures necessary to ensure the quality of its exports, or for the
protection of human, animal or plant life or health, of the
environment, or for the prevention of deceptive practices, at the
levels it considers appropriate, subject to the requirement that
they are not applied in a manner which would constitute a means of
arbitrary or unjustifiable discrimination between countries where
the same conditions prevail or a disguised restriction on
international trade, and are otherwise in accordance with the
provisions of this A Recognizing that no country should be
prevented from taking measures necessary for the protection of its
essenti Recognizing the contribution which
international standardization can make to the transfer of
technology from developed to
Recognizing that
developing countries may encounter special difficulties in the
formulation and application of technical regulations and standards
and procedures for assessment of conformity with technical
regulations and standards, and desiring to assist them in their
endea Hereby agree as follows:
Provisions
General terms for standardization and procedures for assessment of
conformity shall normally have the meaning given to them by
definitions adopted within the United Nations system and by
international standardizing bodies taking into account their
context and in the light of the object and purpose of this
Agreement.
However, for the purposes of this Agreement the meaning of the
terms given in Annex 1 applies.
1.3& All products,
including industrial and agricultural products, shall be subject to
the provisions of this Agreement.
&Purchasing
specifications prepared by governmental bodies for production or
consumption requirements of governmental bodies are not subject to
the provisions of this Agreement but are addressed in the Agreement
on Government Procurement, according to its coverage.
1.5& The provisions of
this Agreement do 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 construed to include any amendments
thereto and any additions to the rules or the product coverage
thereof, except amendments and additions of an insignificant
REGULATIONS AND STANDARDS
Preparation, Adoption and Application of Technical
Regulations by Central Government Bodies
respect to their central government bodies:
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 national 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 a view to or with the effect of creating unnecessary obstacles
to international trade.& For this purpose,
technical regulations shall not be more trade-restrictive than
necessary to fulfil a legitimate objective, taking account of the
risks non-fulfilment would create.& Such legitimate
objectives are, inter alia:& national security
& the prevention of
& protection of human
health or safety, animal or plant life or health, or the
environment.& In assessing such
risks, relevant elements of consideration are, inter
available scientific and technical information, related processing
technology or intended end-uses of products.
2.3& Technical regulations
shall not be maintained if the circumstances or objectives giving
rise to their adoption no longer exist or if the changed
circumstances or objectives can be addressed in a less
trade-restrictive manner.
2.4& Where technical
regulations are required and relevant international standards exist
or their completion is imminent, Members shall use them, or the
relevant parts of them, as a basis for their technical regulations
except when such international standards or relevant parts would be
an ineffective or inappropriate means for the fulfilment of the
legitimate objectives pursued, for instance because of fundamental
climatic or geographical factors or fundamental technological
2.5& A Member preparing,
adopting or applying a technical regulation which may have a
significant effect on trade of other Members shall, upon the
request of another Member, explain the justification for that
technical regulation in terms of the provisions of paragraphs 2 to
Whenever a technical regulation is prepared, adopted or applied for
one of the legitimate objectives explicitly mentioned in paragraph
2, and is in accordance with relevant international standards, it
shall be rebuttably presumed not to create an unnecessary obstacle
to international trade.
2.6& With a view to
harmonizing technical regulations on as wide a basis as possible,
Members shall play a full part, within the limits of their
resources, in the preparation by appropriate international
standardizing bodies of international standards for products for
which they either have adopted, or expect to adopt, technical
regulations.
Members shall give positive consideration to accepting as
equivalent technical regulations of other Members, even if these
regulations differ from their own, provided they are satisfied that
these regulations adequately fulfil the objectives of their own
regulations.
Wherever appropriate, Members shall specify technical regulations
based on product requirements in terms of performance rather than
design or descriptive characteristics.
2.9& Whenever a relevant
international standard does not exist or the technical content of a
proposed technical regulation is not in accordance with the
technical content of relevant international standards, and if the
technical regulation may have a significant effect on trade of
other Members, Members shall:
publish a notice in a publication at an early appropriate stage, in
such a manner as to enable interested parties in other Members to
become acquainted with it, that they propose to introduce a
particular
notify other Members through the Secretariat of the products to be
covered by the proposed technical regulation, together with a brief
indication of its objective and rationale.& Such notifications
shall take place at an early appropriate stage, when amendments can
still be introduced and comment
upon request, provide to other Members particulars or copies of the
proposed technical regulation and, whenever possible, identify the
parts which in substance deviate from relevant international
without discrimination, allow reasonable time for other Members to
make comments in writing, discuss these comments upon request, and
take these written comments and the results of these discussions
into account.
Subject to the provisions in the lead-in to paragraph 9, where
urgent problems of safety, health, environmental protection or
national security arise or threaten to arise for a Member, that
Member may omit such of the steps enumerated in paragraph 9 as it
finds necessary, provided that the Member, upon adoption of a
technical regulation, shall:
notify immediately other Members through the Secretariat of the
particular technical regulation and the products covered, with a
brief indication of the objective and the rationale of the
technical regulation, including the nature of the urgent
upon request, provide other Members with copies of the technical
without discrimination, allow other Members to present their
comments in writing, discuss these comments upon request, and take
these written comments and the results of these discussions into
Members shall ensure that all technical regulations which have been
adopted are published promptly or otherwise made available in such
a manner as to enable interested parties in other Members to become
acquainted with them.
Except in those urgent circumstances referred to in paragraph 10,
Members shall allow a reasonable interval between the publication
of technical regulations and their entry into force in order to
allow time for producers in exporting Members, and particularly in
developing country Members, to adapt their products or methods of
production to the requirements of the importing Member.
Preparation, Adoption and Application of Technical
Regulations by Local Government Bodies and Non-Governmental
respect to their local government and non-governmental bodies
within their territories:
Members shall take such reasonable measures as may be available to
them to ensure compliance by such bodies with the provisions of
Article 2, with the exception of the obligation to notify as
referred to in paragraphs 9.2 and 10.1 of Article 2.
222.9.22.10.1
Members shall ensure that the technical regulations of local
governments on the level directly below that of the central
government in Members are notified in accordance with the
provisions of paragraphs 9.2 and 10.1 of Article 2, noting that
notification shall not be required for technical regulations the
technical content of which is substantially the same as that of
previously notified technical regulations of central government
bodies of the Member concerned.
22.9.22.10.1
3.3& Members may require
contact with other Members, including the notifications, provision
of information, comments and discussions referred to in paragraphs
9 and 10 of Article 2, to take place through the central
government.
Members shall not take measures which require or encourage local
government bodies or non-governmental bodies within their
territories to act in a manner inconsistent with the provisions of
Article 2.
Members are fully responsible under this Agreement for the
observance of all provisions of Article 2.& Members shall
formulate and implement positive measures and mechanisms in support
of the observance of the provisions of Article 2 by other than
central government bodies.
Preparation, Adoption and Application of
Members shall ensure that their central government standardizing
bodies accept and comply with the Code of Good Practice for the
Preparation, Adoption and Application of Standards in Annex 3 to
this Agreement (referred to in this Agreement as the "Code of Good
Practice").& They shall take such
reasonable measures as may be available to them to ensure that
local government and non-governmental standardizing bodies within
their territories, as well as regional standardizing bodies of
which they or one or more bodies within their territories are
members, accept and comply with this Code of Good
Practice.&
In addition, Members shall not take measures which have the effect
of, directly or indirectly, requiring or encouraging such
standardizing bodies to act in a manner inconsistent with the Code
of Good Practice.& The obligations of
Members with respect to compliance of standardizing bodies with the
provisions of the Code of Good Practice shall apply irrespective of
whether or not a standardizing body has accepted the Code of Good
Standardizing bodies that have accepted and are complying with the
Code of Good Practice shall be acknowledged by the Members as
complying with the principles of this Agreement.
CONFORMITY
WITH TECHNICAL REGULATIONS AND STANDARDS
Procedures
for Assessment of Conformity by Central Government
Members shall ensure that, in cases where a positive assurance of
conformity with technical regulations or standards is required,
their central government bodies apply the following provisions to
products originating in the territories of other
conformity assessment procedures are prepared, adopted and applied
so as to grant access for suppliers of like products originating in
the territories of other Members under conditions no less
favourable than those accorded to suppliers of like products of
national origin or originating in any other country, in a
access entails suppliers' right to an
assessment of conformity under the rules of the procedure,
including, when foreseen by this procedure, the possibility to have
conformity assessment activities undertaken at the site of
facilities and to receive th
conformity assessment procedures are not prepared, adopted or
applied with a view to or with the effect of creating unnecessary
obstacles to international trade.& This means, inter
alia, that conformity assessment procedures shall not be more
strict or be applied more strictly than is necessary to give the
importing Member adequate confidence that products conform with the
applicable technical regulations or standards, taking account of
the risks non-conformity would create.
When implementing the provisions of paragraph 1, Members shall
ensure that:
conformity assessment procedures are undertaken and completed as
expeditiously as possible and in a no less favourable order for
products originating in the territories of other Members than for
the standard processing period of each conformity assessment
procedure is published or that the anticipated processing period is
communicated to the ap& when receiving an
application, the competent body promptly examines the completeness
of the documentation and informs the applicant in a precise and
complete manner& the competent body
transmits as soon as possible the results of the assessment in a
precise and complete manner to the applicant so that corrective
action may b& even when the
application has deficiencies, the competent body proceeds as far as
practicable with the conformity assessment if the applicant so
and that, upon request, the applicant is informed of the stage of
the procedure, with any d
information requirements are limited to what is necessary to assess
the confidentiality of information about products originating in
the territories of other Members arising from or supplied in
connection with such conformity assessment procedures is respected
in the same way as for domestic products and in such a manner that
legitimate commercial int
any fees imposed for assessing the conformity of products
originating in the territories of other Members are equitable in
relation to any fees chargeable for assessing the conformity of
like products of national origin or originating in any other
country, taking into account communication, transportation and
other costs arising from differences between location of facilities
of the applicant and the confor
the siting of facilities used in conformity assessment procedures
and the selection of samples are not such as to cause unnecessary
inconvenience to applic
whenever specifications of a product are changed subsequent to the
determination of its conformity to the applicable technical
regulations or standards, the conformity assessment procedure for
the modified product is limited to what is necessary to determine
whether adequate confidence exists that the product still meets the
technical regulations or
procedure exists to review complaints concerning the operation of a
conformity assessment procedure and to take corrective action when
a complaint is justified.
Nothing in paragraphs 1 and 2 shall prevent Members from carrying
out reasonable spot checks within their territories.
In cases where a positive assurance is required that products
conform with technical regulations or standards, and relevant
guides or recommendations issued by international standardizing
bodies exist or their completion is imminent,& Members shall ensure
that central government bodies use them, or the relevant parts of
them, as a basis for their conformity assessment procedures, except
where, as duly explained upon request, such guides or
recommendations or relevant parts are inappropriate for the Members
concerned, for, inter alia, such reasons as:& national security
& the prevention of
& protection of human
health or safety, animal or plant life or health, or the
& fundamental climatic
or other & fundamental
technological or infrastructural problems.
5.5&&&&&&&
With a view to harmonizing conformity assessment procedures on as
wide a basis as possible, Members shall play a full part, within
the limits of their resources, in the preparation by appropriate
international standardizing bodies of guides and recommendations
for conformity assessment procedures.
Whenever a relevant guide or recommendation issued by an
international standardizing body does not exist or the technical
content of a proposed conformity assessment procedure is not in
accordance with relevant guides and recommendations issued by
international standardizing bodies, and if the conformity
assessment procedure may have a significant effect on trade of
other Members, Members shall:
publish a notice in a publication at an early appropriate stage, in
such a manner as to enable interested parties in other Members to
become acquainted with it, that they propose to introduce a
particular conformity
notify other Members through the Secretariat of the products to be
covered by the proposed conformity assessment procedure, together
with a brief indication of its objective and rationale.& Such notifications
shall take place at an early appropriate stage, when amendments can
still be introduced and comment
5.6.3&&&&&
upon request, provide to other Members particulars or copies of the
proposed procedure and, whenever possible, identify the parts which
in substance deviate from relevant guides or recommendations issued
by international
5.6.4&&&&&
without discrimination, allow reasonable time for other Members to
make comments in writing, discuss these comments upon request, and
take these written comments and the results of these discussions
into account.
Subject to the provisions in the lead-in to paragraph 6, where
urgent problems of safety, health, environmental protection or
national security arise or threaten to arise for a Member, that
Member may omit such of the steps enumerated in paragraph 6 as it
finds necessary, provided that the Member, upon adoption of the
procedure, shall:
immediately other Members through the Secretariat of the particular
procedure and the products covered, with a brief indication of the
objective and the rationale of the procedure, including the nature
upon request, provide other Members with copies of the rules of the
without discrimination, allow other Members to present their
comments in writing, discuss these comments upon request, and take
these written comments and the results of these discussions into
Members shall ensure that all conformity assessment procedures
which have been adopted are published promptly or otherwise made
available in such a manner as to enable interested parties in other
Members to become acquainted with them.
Except in those urgent circumstances referred to in paragraph 7,
Members shall allow a reasonable interval between the publication
of requirements concerning conformity assessment procedures and
their entry into force in order to allow time for producers in
exporting Members, and particularly in developing country Members,
to adapt their products or methods of production to the
requirements of the importing Member.
Recognition of Conformity Assessment by Central Government
respect to their central government bodies:
6.1&&&&&&&
Without prejudice to the provisions of paragraphs 3 and 4, Members
shall ensure, whenever possible, that results of conformity
assessment procedures in other Members are accepted, even when
those procedures differ from their own, provided they are satisfied
that those procedures offer an assurance of conformity with
applicable technical regulations or standards equivalent to their
own procedures.& It is recognized that
prior consultations may be necessary in order to arrive at a
mutually satisfactory understanding regarding, in
particular:
6.1.1&&&&&
adequate and enduring technical competence of the relevant
conformity assessment bodies in the exporting Member, so that
confidence in the continued reliability of their conformity
assessme& in this regard,
verified compliance, for instance through accreditation, with
relevant guides or recommendations issued by international
standardizing bodies shall be taken into account as an indication
of adequate
limitation of the acceptance of conformity assessment results to
those produced by designated bodies in the exporting
6.2&&&&&&&
Members shall ensure that their conformity assessment procedures
permit, as far as practicable, the implementation of the provisions
in paragraph 1.
Members are encouraged, at the request of other Members, to be
willing to enter into negotiations for the conclusion of agreements
for the mutual recognition of results of each other's conformity
assessment procedures.& Members may require
that such agreements fulfil the criteria of paragraph 1 and give
mutual satisfaction regarding their potential for facilitating
trade in the products concerned.
Members are encouraged to permit participation of conformity
assessment bodies located in the territories of other Members in
their conformity assessment procedures under conditions no less
favourable than those accorded to bodies located within their
territory or the territory of any other country.
Article 77
&Procedures for
Assessment of Conformity by Local Government Bodies
respect to their local government bodies within their
territories:
Members shall take such reasonable measures as may be available to
them to ensure compliance by such bodies with the provisions of
Articles 5 and 6, with the exception of the obligation to notify as
referred to in paragraphs 6.2 and 7.1 of Article 5.
565.6.25.7.1
Members shall ensure that the conformity assessment procedures of
local governments on the level directly below that of the central
government in Members are notified in accordance with the
provisions of paragraphs 6.2 and 7.1 of Article 5, noting that
notifications shall not be required for conformity assessment
procedures the technical content of which is substantially the same
as that of previously notified conformity assessment procedures of
central government bodies of the Members concerned.
5.6.25.7.1
Members may require contact with other Members, including the
notifications, provision of information, comments and discussions
referred to in paragraphs 6 and 7 of Article 5, to take place
through the central government.
Members shall not take measures which require or encourage local
government bodies within their territories to act in a manner
inconsistent with the provisions of Articles 5 and 6.
Members are fully responsible under this Agreement for the
observance of all provisions of Articles 5 and 6.& Members shall
formulate and implement positive measures and mechanisms in support
of the observance of the provisions of Articles 5 and 6 by other
than central government bodies.
Procedures
for Assessment of Conformity by Non-Governmental Bodies
Members shall take such reasonable measures as may be available to
them to ensure that non-governmental bodies within their
territories which operate conformity assessment procedures comply
with the provisions of Articles 5 and 6, with the exception of the
obligation to notify proposed conformity assessment
procedures.& In addition, Members
shall not take measures which have the effect of, directly or
indirectly, requiring or encouraging such bodies to act in a manner
inconsistent with the provisions of Articles 5 and 6.
Members shall ensure that their central government bodies rely on
conformity assessment procedures operated by non-governmental
bodies only if these latter bodies comply with the provisions of
Articles 5 and 6, with the exception of the obligation to notify
proposed conformity assessment procedures.
International and Regional Systems
9.1&&&&&&&
Where a positive assurance of conformity with a technical
regulation or standard is required, Members shall, wherever
practicable, formulate and adopt international systems for
conformity assessment and become members thereof or participate
9.2&&&&&&&
Members shall take such reasonable measures as may be available to
them to ensure that international and regional systems for
conformity assessment in which relevant bodies within their
territories are members or participants comply with the provisions
of Articles 5 and 6.& In addition, Members
shall not take any measures which have the effect of, directly or
indirectly, requiring or encouraging such systems to act in a
manner inconsistent with any of the provisions of Articles 5 and
9.3&&&&&&&
Members shall ensure that their central government bodies rely on
international or regional conformity assessment systems only to the
extent that these systems comply with the provisions of Articles 5
and 6, as applicable.
INFORMATION AND ASSISTANCE
Information About Technical Regulations, Standards and
Conformity Assessment Procedures
Each Member shall ensure that an enquiry point exists which is able
to answer all reasonable enquiries from other Members and
interested parties in other Members as well as to provide the
relevant documents regarding:
10.1.1&&&&&&&&&&&&&&
any technical regulations adopted or proposed within its territory
by central or local government bodies, by non-governmental bodies
which have legal power to enforce a technical regulation, or by
regional standardizing bodies of which such bodies are members or
10.1.1&&&&&&&
any standards adopted or proposed within its territory by central
or local government bodies, or by regional standardizing bodies of
which such bodies are mem
any conformity assessment procedures, or proposed conformity
assessment procedures, which are operated within its territory by
central or local government bodies, or by non-governmental bodies
which have legal power to enforce a technical regulation, or by
regional bodies of which such bodies are members or
10.1.4&&&&
the membership and participation of the Member, or of relevant
central or local government bodies within its territory, in
international and regional standardizing bodies and conformity
assessment systems, as well as in bilateral and multilateral
arrangements within the scope of this A it shall also be
able to provide reasonable information on the provisions of such
10.1.5&&&&
the location of notices published pursuant to this Agreement, or
the provision of information as to where such information can be
10.1.5&&&&
&10.1.6&&&&&&
the location of the enquiry points mentioned in paragraph
10.1.6 10.3
If, however, for legal or administrative reasons more than one
enquiry point is established by a Member, that Member shall provide
to the other Members complete and unambiguous information on the
scope of responsibility of each of these enquiry
points.& In
addition, that Member shall ensure that any enquiries addressed to
an incorrect enquiry point shall promptly be conveyed to the
correct enquiry point.
Each Member shall take such reasonable measures as may be available
to it to ensure that one or more enquiry points exist which are
able to answer all reasonable enquiries from other Members and
interested parties in other Members as well as to provide the
relevant documents or information as to where they can be obtained
regarding:
10.3.1& any standards adopted
or proposed within its territory by non-governmental standardizing
bodies, or by regional standardizing bodies of which such bodies
are mem and
any conformity assessment procedures, or proposed conformity
assessment procedures, which are operated within its territory by
non-governmental bodies, or by regional bodies of which such bodies
10.3.3&&&&&&
the membership and participation of relevant non-governmental
bodies within its territory in international and regional
standardizing bodies and conformity assessment systems, as well as
in bilateral and multilateral arrangements within the scope of this
A they shall also be able to provide reasonable
information on the provisions of such systems and
arrangements.
&&&Members
shall take such reasonable measures as may be available to them to
ensure that where copies of documents are requested by other
Members or by interested parties in other Members, in accordance
with the provisions of this Agreement, they are supplied at an
equitable price (if any) which shall, apart from the real cost of
delivery, be the same for the nationals[1] of the Member concerned
or of any other Member.
Developed country Members shall, if requested by other Members,
provide, in English, French or Spanish, translations of the
documents covered by a specific notification or, in case of
voluminous documents, of summaries of such documents.
The Secretariat shall, when it receives notifications in accordance
with the provisions of this Agreement, circulate copies of the
notifications to all Members and interested international
standardizing and conformity assessment bodies, and draw the
attention of developing country Members to any notifications
relating to products of particular interest to them.
Whenever a Member has reached an agreement with any other country
or countries on issues related to technical regulations, standards
or conformity assessment procedures which may have a significant
effect on trade, at least one Member party to the agreement shall
notify other Members through the Secretariat of the products to be
covered by the agreement and include a brief description of the
agreement.&
Members concerned are encouraged to enter, upon request, into
consultations with other Members for the purposes of concluding
similar agreements or of arranging for their participation in such
agreements.
Nothing in this Agreement shall be construed as
requiring:
10.8.1&&&&&&&&&&&&&&
the publication of texts other than in the language of the
the provision of particulars or copies of drafts other than in the
language of the Member except as stated in paragraph 5;
10.8.2&&&&
10.8.3&&&&
Members to furnish any information, the disclosure of which they
consider contrary to their essential security interests.
Notifications to the Secretariat shall be in English, French or
Members shall designate a single central government authority that
is responsible for the implementation on the national level of the
provisions concerning notification procedures under this Agreement
except those included in Annex 3.
If, however, for legal or administrative reasons the responsibility
for notification procedures is divided among two or more central
government authorities, the Member concerned shall provide to the
other Members complete and unambiguous information on the scope of
responsibility of each of these authorities.
Assistance to Other Members
Members shall, if requested, advise other Members, especially the
developing country Members, on the preparation of technical
regulations.
Members shall, if requested, advise other Members, especially the
developing country Members, and shall grant them technical
assistance on mutually agreed terms and conditions regarding the
establishment of national standardizing bodies, and participation
in the international standardizing bodies, and shall encourage
their national standardizing bodies to do likewise.
Members shall, if requested, take such reasonable measures as may
be available to them to arrange for the regulatory bodies within
their territories to advise other Members, especially the
developing country Members, and shall grant them technical
assistance on mutually agreed terms and conditions
regarding:
11.3.1&&&&
the establishment of regulatory bodies, or bodies for the
assessment of conformity with t and
11.3.2&&&&
the methods by which their technical regulations can best be
Members shall, if requested, take such reasonable measures as may
be available to them to arrange for advice to be given to other
Members, especially the developing country Members, and shall grant
them technical assistance on mutually agreed terms and conditions
regarding the establishment of bodies for the assessment of
conformity with standards adopted within the territory of the
requesting Member.
Members shall, if requested, advise other Members, especially the
developing country Members, and shall grant them technical
assistance on mutually agreed terms and conditions regarding the
steps that should be taken by their producers if they wish to have
access to systems for conformity assessment operated by
governmental or non-governmental bodies within the territory of the
Member receiving the request.
Members which are members or participants of international or
regional systems for conformity assessment shall, if requested,
advise other Members, especially the developing country Members,
and shall grant them technical assistance on mutually agreed terms
and conditions regarding the establishment of the institutions and
legal framework which would enable them to fulfil the obligations
of membership or participation in such systems.
Members shall, if so requested, encourage bodies within their
territories which are members or participants of international or
regional systems for conformity assessment to advise other Members,
especially the developing country Members, and should consider
requests for technical assistance from them regarding the
establishment of the institutions which would enable the relevant
bodies within their territories to fulfil the obligations of
membership or participation.
In providing advice and technical assistance to other Members in
terms of paragraphs 1 to 7, Members shall give priority to the
needs of the least-developed country Members.
and Differential Treatment of Developing Country Members
Members shall provide differential and more favourable treatment to
developing country Members to this Agreement, through the following
provisions as well as through the relevant provisions of other
Articles of this Agreement.
Members shall give particular attention to the provisions of this
Agreement concerning developing country Members' rights and
obligations and shall take into account the special development,
financial and trade needs of developing country Members in the
implementation of this Agreement, both nationally and in the
operation of this Agreement's institutional
arrangements.
Members shall, in the preparation and application of technical
regulations, standards and conformity assessment procedures, take
account of the special development, financial and trade needs of
developing country Members, with a view to ensuring that such
technical regulations, standards and conformity assessment
procedures do not create unnecessary obstacles to exports from
developing country Members.
Members recognize that, although international standards, guides or
recommendations may exist, in their particular technological and
socio-economic conditions, developing country Members adopt certain
technical regulations, standards or conformity assessment
procedures aimed at preserving indigenous technology and production
methods and processes compatible with their development
Members therefore recognize that developing country Members should
not be expected to use international standards as a basis for their
technical regulations or standards, including test methods, which
are not appropriate to their development, financial and trade
Members shall take such reasonable measures as may be available to
them to ensure that international standardizing bodies and
international systems for conformity assessment are organized and
operated in a way which facilitates active and representative
participation of relevant bodies in all Members, taking into
account the special problems of developing country
Members shall take such reasonable measures as may be available to
them to ensure that international standardizing bodies, upon
request of developing country Members, examine the possibility of,
and, if practicable, prepare international standards concerning
products of special interest to developing country
Members shall, in accordance with the provisions of Article 11,
provide technical assistance to developing country Members to
ensure that the preparation and application of technical
regulations, standards and conformity assessment procedures do not
create unnecessary obstacles to the expansion and diversification
of exports from developing country Members.& In determining the
terms and conditions of the technical assistance, account shall be
taken of the stage of development of the requesting Members and in
particular of the least-developed country Members.
It is recognized that developing country Members may face special
problems, including institutional and infrastructural problems, in
the field of preparation and application of technical regulations,
standards and conformity assessment procedures. It is further
recognized that the special development and trade needs of
developing country Members, as well as their stage of technological
development, may hinder their ability to discharge fully their
obligations under this Agreement.& Members, therefore,
shall take this fact fully into account.& Accordingly, with a
view to ensuring that developing country Members are able to comply
with this Agreement, the Committee on Technical Barriers to Trade
provided for in Article 13 (referred to in this Agreement as the
"Committee") is enabled to grant, upon request, specified,
time-limited exceptions in whole or in part from obligations under
this Agreement.& When considering such
requests the Committee shall take into account the special
problems, in the field of preparation and application of technical
regulations, standards and conformity assessment procedures, and
the special development and trade needs of the developing country
Member, as well as its stage of technological development, which
may hinder its ability to discharge fully its obligations under
this Agreement.& The Committee shall,
in particular, take into account the special problems of the
least-developed country Members.
During consultations, developed country Members shall bear in mind
the special difficulties experienced by developing country Members
in formulating and implementing standards and technical regulations
and conformity assessment procedures, and in their desire to assist
developing country Members with their efforts in this direction,
developed country Members shall take account of the special needs
of the former in regard to financing, trade and
development.
The Committee shall examine periodically the special and
differential treatment, as laid down in this Agreement, granted to
developing country Members on national and international
INSTITUTIONS, CONSULTATION AND DISPUTE
SETTLEMENT
Committee on Technical Barriers to Trade
A Committee on Technical Barriers to Trade is hereby established,
and shall be composed of representatives from each of the
The Committee shall elect its own Chairman and shall meet as
necessary, but no less than once a year, for the purpose of
affording Members the opportunity of consulting on any matters
relating to the operation of this Agreement or the furtherance of
its objectives, and shall carry out such responsibilities as
assigned to it under this Agreement or by the Members.
The Committee shall establish working parties or other bodies as
may be appropriate, which shall carry out such responsibilities as
may be assigned to them by the Committee in accordance with the
relevant provisions of this Agreement.
It is understood that unnecessary duplication should be avoided
between the work under this Agreement and that of governments in
other technical bodies.& The Committee shall
examine this problem with a view to minimizing such
duplication.
Consultation and Dispute Settlement
Consultations and the settlement of disputes with respect to any
matter affecting the operation of this Agreement shall take place
under the auspices of the Dispute Settlement Body and shall follow,
mutatis mutandis, the provisions of Articles XXII and XXIII of GATT
1994, as elaborated and applied by the Dispute Settlement
Understanding.
14.1 1994GATTXXIIXXIII
At the request of a party to a dispute, or at its own initiative, a
panel may establish a technical expert group to assist in questions
of a technical nature, requiring detailed consideration by
Technical expert groups shall be governed by the procedures of
The dispute settlement provisions set out above can be invoked in
cases where a Member considers that another Member has not achieved
satisfactory results under Articles 3, 4, 7, 8 and 9 and its trade
interests are significantly affected.& In this respect, such
results shall be equivalent to those as if the body in question
were a Member.
14.4 34789
PROVISIONS
Provisions
&Reservations
Reservations may not be entered in respect of any of the provisions
of this Agreement without the consent of the other
Each Member shall, promptly after the date on which the WTO
Agreement enters into force for it, inform the Committee of
measures in existence or taken to ensure the implementation and
administration of this Agreement.& Any changes of such
measures thereafter shall also be notified to the
Committee.
15.3&& The
Committee shall review annually the implementation and operation of
this Agreement taking into account the objectives
Not later than the end of the third year from the date of entry
into force of the WTO Agreement and at the end of each three-year
period thereafter, the Committee shall review the operation and
implementation of this Agreement, including the provisions relating
to transparency, with a view to recommending an adjustment of the
rights and obligations of this Agreement where necessary to ensure
mutual economic advantage and balance of rights and obligations,
without prejudice to the provisions of Article 12.& Having regard, inter
alia, to the experience gained in the implementation of the
Agreement, the Committee shall, where appropriate, submit proposals
for amendments to the text of this Agreement to the Council for
Trade in Goods.
15.4 WTO3312
The annexes to this Agreement constitute an integral part
THEIR DEFINITIONS FOR THE PURPOSE OF THIS AGREEMENT
presented in the sixth edition of the ISO/IEC Guide 2:& 1991, General Terms
and Their Definitions Concerning Standardization and Related
Activities, shall, when used in this Agreement, have the same
meaning as given in the definitions in the said Guide taking into
account that services are excluded from the coverage of this
Agreement.
ISO/IEC2:19916
purpose of this Agreement, however, the following definitions shall
1.&&&&&&&&
Technical regulation1.
which lays down product characteristics or their related processes
and production methods, including the applicable administrative
provisions, with which compliance is mandatory.& It may also include
or deal exclusively with terminology, symbols, packaging, marking
or labelling requirements as they apply to a product, process or
production method.
Explanatory note
definition in ISO/IEC Guide 2 is not self-contained, but based on
the so-called "building block" system.
approved by a recognized body, that provides, for common and
repeated use, rules, guidelines or characteristics for products or
related processes and production methods, with which compliance is
not mandatory.& It may also include
or deal exclusively with terminology, symbols, packaging, marking
or labelling requirements as they apply to a product, process or
production method.
Explanatory note&&&&&&&&&&
as defined in ISO/IEC Guide 2 cover products, processes and
services.&
This Agreement deals only with technical regulations, standards and
conformity assessment procedures related to products or processes
and production methods.& Standards as defined
by ISO/IEC Guide 2 may be mandatory or voluntary.& For the purpose of
this Agreement standards are defined as voluntary and technical
regulations as mandatory documents.& Standards prepared by
the international standardization community are based on consensus.
This Agreement covers also documents that are not based on
consensus.
3.&&&&&&&&&&&&&&&&&&
Conformity assessment procedures
procedure used, directly or indirectly, to determine that relevant
requirements in technical regulations or standards are
fulfilled.
Explanatory note
Conformity
assessment procedures include, inter alia, procedures for sampling,
te& evaluation,
verification and ass& registration,
accreditation and approval as well as their
combinations.
International body or system
system whose membership is open to the relevant bodies of at least
all Members.
Regional body or system
system whose membership is open to the relevant bodies of only some
of the Members.
Central government body
government, its ministries and departments or any body subject to
the control of the central government in respect of the activity in
Explanatory note:
case of the European Communities the provisions governing central
government bodies apply.& However, regional
bodies or conformity assessment systems may be established within
the European Communities, and in such cases would be subject to the
provisions of this Agreement on regional bodies or conformity
assessment systems.
7.&&&&&&&&
Local government body&&&&&
Government
other than a central government (e.g. states, provinces, L&nder,
cantons, municipalities, etc.), its ministries or departments or
any body subject to the control of such a government in respect of
the activity in question.
Non-governmental body&&&&&&&&&
Body other
than a central government body or a local government body,
including a non-governmental body which has legal power to enforce
a technical regulation.
EXPERT GROUPS
following procedures shall apply to technical expert groups
established in accordance with the provisions of Article
Technical expert groups are under the panel's
authority.&
Their terms of reference and detailed working procedures shall be
decided by the panel, and they shall report to the
Participation in technical expert groups shall be restricted to
persons of professional standing and experience in the field in
Citizens of parties to the dispute shall not serve on a technical
expert group without the joint agreement of the parties to the
dispute, except in exceptional circumstances when the panel
considers that the need for specialized scientific expertise cannot
be fulfilled otherwise. Government officials of parties to the
dispute shall not serve on a technical expert group.& Members of technical
expert groups shall serve in their individual capacities and not as
government representatives, nor as representatives of any
organization.& Governments or
organizations shall therefore not give them instructions with
regard to matters before a technical expert group.
Technical expert groups may consult and seek information and
technical advice from any source they deem appropriate.& Before a technical
expert group seeks such information or advice from a source within
the jurisdiction of a Member, it shall inform the government of
that Member.& Any Member shall
respond promptly and fully to any request by a technical expert
group for such information as the technical expert group considers
necessary and appropriate.
parties to a dispute shall have access to all relevant information
provided to a technical expert group, unless it is of a
confidential nature.& Confidential
information provided to the technical expert group shall not be
released without formal authorization from the government,
organization or person providing the information.& Where such
information is requested from the technical expert group but
release of such information by the technical expert group is not
authorized, a non-confidential summary of the information will be
provided by the government, organization or person supplying the
information.
The technical expert group shall submit a draft report to the
Members concerned with a view to obtaining their comments, and
taking them into account, as appropriate, in the final report,
which shall also be circulated to the Members concerned when it is
submitted to the panel.
GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND APPLICATION OF
Provisions
For the purposes of this Code the definitions in Annex 1 of this
Agreement shall apply.
This Code is open to acceptance by any standardizing body within
the territory of a Member of the WTO, whether a central government
body, a local government body, or a non- to any
governmental regional standardizing body one or more members of
which are Members of the WTO; and to any non-governmental regional
standardizing body one or more members of which are situated within
the territory of a Member of the WTO (referred to in this Code
collectively as "standardizing bodies" and individually as "the
standardizing body").
Standardizing bodies that have accepted or withdrawn from this Code
shall notify this fact to the ISO/IEC Information Centre in
The notification shall include the name and address of the body
concerned and the scope of its current and expected standardization
activities.& The notification may
be sent either directly to the ISO/IEC Information Centre, or
through the national member body of ISO/IEC or, preferably, through
the relevant national member or international affiliate of ISONET,
as appropriate.
ISO/IECISO/IECISO/IECISONET
SUBSTANTIVE PROVISIONS
respect of standards, the standardizing body shall accord treatment
to products originating in the territory of any other Member of the
WTO no less favourable than that accorded to like products of
national origin and to like products originating in any other
The standardizing body shall ensure that standards are not
prepared, adopted or applied with a view to, or with the effect of,
creating unnecessary obstacles to international trade.
Where international standards exist or their completion is
imminent, the standardizing body shall use them, or the relevant
parts of them, as a basis for the standards it develops, except
where such international standards or relevant parts would be
ineffective or inappropriate, for instance, because of an
insufficient level of protection or fundamental climatic or
geographical factors or fundamental technological
With a view to harmonizing standards on as wide a basis as
possible, the standardizing body shall, in an appropriate way, play
a full part, within the limits of its resources, in the preparation
by relevant international standardizing bodies of international
standards regarding subject matter for which it either has adopted,
or expects to adopt, standards.& For standardizing
bodies within the territory of a Member, participation in a
particular international standardization activity shall, whenever
possible, take place through one delegation representing all
standardizing bodies in the territory that have adopted, or expect
to adopt, standards for the subject matter to which the
international standardization activity relates.
The standardizing body within the territory of a Member shall make
every effort to avoid duplication of, or overlap with, the work of
other standardizing bodies in the national territory or with the
work of relevant international or regional standardizing
They shall also make every effort to achieve a national consensus
on the standards they develop.& Likewise the regional
standardizing body shall make every effort to avoid duplication of,
or overlap with, the work of relevant international standardizing
Wherever appropriate, the standardizing body shall specify
standards based on product requirements in terms of performance
rather than design or descriptive characteristics.
At least once every six months, the standardizing body shall
publish a work programme containing its name and address, the
standards it is currently preparing and the standards which it has
adopted in the preceding period.& A standard is under
preparation from the moment a decision has been taken to develop a
standard until that standard has been adopted.& The titles of
specific draft standards shall, upon request, be provided in
English, French or Spanish.& A notice of the
existence of the work programme shall be published in a national
or, as the case may be, regional publication of standardization
activities.
programme shall for each standard indicate, in accordance with any
ISONET rules, the classification relevant to the subject matter,
the stage attained in the standard's development, and the
references of any international standards taken as a
basis.& No
later than at the time of publication of its work programme, the
standardizing body shall notify the existence thereof to the
ISO/IEC Information Centre in Geneva.
ISONETISO/IEC
notification shall contain the name and address of the
standardizing body, the name and issue of the publication in which
the work programme is published, the period to which the work
programme applies, its price (if any), and how and where it can be
obtained.&
The notification may be sent directly to the ISO/IEC Information
Centre, or, preferably, through the relevant national member or
international affiliate of ISONET, as appropriate.
ISO/IECISONETISONET
The national member of ISO/IEC shall make every effort to become a
member of ISONET or to appoint another body to become a member as
well as to acquire the most advanced membership type possible for
the ISONET member. Other standardizing bodies shall make every
effort to associate themselves with the ISONET member.
ISO/IECISONETISONET
Before adopting a standard, the standardizing body shall allow a
period of at least 60 days for the submission of comments on the
draft standard by interested parties within the territory of a
Member of the WTO.& This period may,
however, be shortened in cases where urgent problems of safety,
health or environment arise or threaten to arise.& No later than at the
start of the comment period, the standardizing body shall publish a
notice announcing the period for commenting in the publication
referred to in paragraph J.& Such notification
shall include, as far as practicable, whether the draft standard
deviates from relevant international standards.
On the request of any interested party within the territory of a
Member of the WTO, the standardizing body shall promptly provide,
or arrange to provide, a copy of a draft standard which it has
submitted for comments.& Any fees charged for
this service shall, apart from the real cost of delivery, be the
same for foreign and domestic parties.
The standardizing body shall take into account, in the further
processing of the standard, the comments received during the period
for commenting.& Comments received
through standardizing bodies that have accepted this Code of Good
Practice shall, if so requested, be replied to as promptly as
possible.&
The reply shall include an explanation why a deviation from
relevant international standards is necessary.
Once the standard has been adopted, it shall be promptly
published.
On the request of any interested party within the territory of a
Member of the WTO, the standardizing body shall promptly provide,
or arrange to provide, a copy of its most recent work programme or
of a standard which it produced.& Any fees charged for
this service shall, apart from the real cost of delivery, be the
same for foreign and domestic parties.
standardizing body shall afford sympathetic consideration to, and
adequate opportunity for, consultation regarding representations
with respect to the operation of this Code presented by
standardizing bodies that have accepted this Code of Good
Practice.&
It shall make an objective effort to solve any
complaints.
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