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Members,
Having regard to the Uruguay Round of Multilateral Trade
Negotiations;
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
international trade;
Desiring therefore to encourage the development of such
international standards and conformity assessment systems;
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
trade;
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
Agreement;
Recognizing that no country should be prevented from taking
measures necessary for the protection of its essential security
interest;
Recognizing the contribution which international
standardization can make to the transfer of technology from developed
to developing countries;
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 endeavours in this regard;
Hereby agree as follows:
Article
1: General
Provisions
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1.1
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.
1.2
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.
1.4
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
nature.
Technical
Regulations and Standards
Article
2: Preparation, Adoption
and Application of Technical Regulations by Central Government Bodies
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With 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 requirements; the prevention of deceptive
practices; 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 alia:
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 problems.
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 4.
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.
2.7 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.
2.8 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:
2.9.1
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 introd uce a
particular technical regulation;
2.9.2 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 comments taken into account;
2.9.3 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
standards;
2.9.4 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.
2.10 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:
2.10.1 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 problems;
2.10.2 upon request, provide other Members with copies of the technical
regulation;
2.10.3 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 account.
2.11 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.
2.12 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.
Article
3:
Preparation, Adoption
and Application of Technical Regulations by Local Government Bodies
and Non-Governmental Bodies
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With respect to their local government and non-governmental bodies within their territories:
3.1
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.
3.2
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.
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.
3.4
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.
3.5
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.
Article
4:
Preparation, Adoption
and Application of Standards
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4.1
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 Practice.
4.2 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
Article
5: Procedures for
Assessment of Conformity by Central Government Bodies
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5.1
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 Members:
5.1.1 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 comparable
situation; 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 the
mark of the system;
5.1.2 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.
5.2
When implementing the provisions of paragraph 1, Members
shall ensure that:
5.2.1 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 like
domestic products;
5.2.2 the standard processing period of each conformity assessment
procedure is published or that the anticipated processing period is
communicated to the applicant upon request; when receiving an application, the competent body promptly
examines the completeness of the documentation and informs the
applicant in a precise and complete manner of all deficiencies; 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 be taken if necessary; even when the application has deficiencies, the competent body
proceeds as far as practicable with the conformity assessment if the
applicant so requests; and that, upon request, the applicant is informed of the
stage of the procedure, with any delay being explained;
5.2.3 information requirements are limited to what is necessary to
assess conformity and determine fees;
5.2.4 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 interests are protected;
5.2.5 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 conformity assessment body;
5.2.6 the siting of facilities used in conformity assessment
procedures and the selection of samples are not such as to cause
unnecessary inconvenience to applicants or their agents;
5.2.7 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 standards concerned;
5.2.8 a procedure exists to review complaints concerning the
operation of a conformity assessment procedure and to take corrective
action when a complaint is justified.
5.3
Nothing in paragraphs 1 and 2 shall prevent Members from
carrying out reasonable spot checks within their territories.
5.4
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 requirements; the
prevention of deceptive practices; protection of human health or safety, animal or plant life or
health, or the environment; fundamental
climatic or other geographical factors; 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.
5.6
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:
5.6.1 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 assessment procedure;
5.6.2 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 comments taken into
account;
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 standardizing bodies;
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.
5.7
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:
5.7.1 notify 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 of the urgent problems;
5.7.2 upon request, provide other Members with copies of the rules of
the procedure;
5.7.3 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
account.
5.8
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.
5.9
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.
Article
6:
Recognition of
Conformity Assessment by Central Government Bodies
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With 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 assessment
results can exist; 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 technical competence;
6.1.2 limitation of the acceptance of conformity assessment results
to those produced by designated bodies in the exporting Member.
6.2
Members shall ensure that their conformity assessment
procedures permit, as far as practicable, the implementation of the
provisions in paragraph 1.
6.3
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 others 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.
6.4
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
7:
Procedures for
Assessment of Conformity by Local Government Bodies
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With respect to their local government bodies within their
territories:
7.1
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.
7.2
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.
7.3
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.
7.4 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.
7.5
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.
Article
8:
Procedures for
Assessment of Conformity by Non-Governmental Bodies
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8.1
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.
8.2
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.
Article
9: International and
Regional Systems back to top
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 therein.
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 6.
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
Article
10: Information About
Technical Regulations, Standards and Conformity Assessment Procedures
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10.1
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
participants;
10.1.2 any standards adopted or proposed within its territory by
central or local government bodies, or by regional standardizing
bodies of which such bodies are members or participants;
10.1.3 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 participants;
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 Agreement; it shall also be able
to provide reasonable information on the provisions of such systems
and arrangements;
10.1.5 the location of notices published pursuant to this Agreement,
or the provision of information as to where such information can be
obtained; and
10.1.6
the location of the enquiry points mentioned in paragraph 3.
10.2
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.
10.3
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 members or participants; and
10.3.2 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
are members or participants;
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
Agreement; they shall also be able to provide reasonable information
on the provisions of such systems and arrangements.
10.4
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.
10.5
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.
10.6
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.
10.7
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.
10.8
Nothing in this Agreement shall be construed as requiring:
10.8.1 the publication of texts other than in the language of the
Member;
10.8.2 the provision of particulars or copies of drafts other than in
the language of the Member except as stated in paragraph 5; or
10.8.3 Members to furnish any information, the disclosure of which
they consider contrary to their essential security interests.
10.9
Notifications to the Secretariat shall be in English, French or
Spanish.
10.10
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.
10.11
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.
Article
11:
Technical Assistance to
Other Members back to top
11.1
Members shall, if
requested, advise other Members, especially the developing country
Members, on the preparation of technical regulations.
11.2
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.
11.3
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
technical regulations; and
11.3.2
the methods
by which their technical regulations can best be met.
11.4
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.
11.5
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.
11.6
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.
11.7
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.
11.8
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.
Article
12: Special and Differential
Treatment of Developing Country Members
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12.1
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.
12.2
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 Agreements institutional
arrangements.
12.3
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.
12.4
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 needs.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
needs.
12.5
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.
12.6
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.
12.7
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.
12.8
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.
12.9
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.
12.10
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 levels.
Institutions, Consultation
And Dispute Settlement
Article
13: The Committee on
Technical Barriers to Trade
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13.1
A
Committee on Technical Barriers to Trade is hereby established, and
shall be composed of representatives from each of the Members. 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.
13.2
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.
13.3
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.
Article
14: Consultation and Dispute
Settlement
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14.1
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.
14.2
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 experts.
14.3
Technical expert groups
shall be governed by the procedures of Annex 2.
14.4
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.
Final
Provisions
Article
15: Final Provisions back to top
Reservations
15.1
Reservations may not be
entered in respect of any of the provisions of this Agreement without
the consent of the other Members.
Review
15.2
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 thereof.
15.4
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.
Annexes
15.5
The annexes to this
Agreement constitute an integral part thereof.
Annex
1: Terms and their Definitions for the Purpose of this Agreement back to top
The terms 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.
For
the purpose of this Agreement, however, the following definitions
shall apply:
1.
Technical regulation
Document
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
The
definition in ISO/IEC Guide 2 is not self-contained, but based on the
so-called “building block” system.
2.
Standard
Document
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
The
terms 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
Any
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, testing and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval as well as their
combinations.
4. International
body or system
Body
or system whose membership is open to the relevant bodies of at least
all Members.
5. Regional
body or system
Body
or system whose membership is open to the relevant bodies of only some
of the Members.
6. Central
government body
Central
government, its ministries and departments or any body subject to the
control of the central government in respect of the activity in
question.
Explanatory
note:
In
the 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, Länder,
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.
8. 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.
Annex 2: Technical Expert Groups
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The following procedures
shall apply to technical expert groups established in accordance with
the provisions of Article 14.
1. Technical expert groups are
under the panels authority. Their
terms of reference and detailed working procedures shall be decided by
the panel, and they shall report to the panel.
2. Participation in technical
expert groups shall be restricted to persons of professional standing
and experience in the field in question.
3. 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.
4. 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.
5. The 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.
6. 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.
Annex
3: Code of Good Practice for the Preparation, Adoption and Application
of Standards
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General
Provisions
A. For the purposes of this
Code the definitions in Annex 1 of this Agreement shall apply.
B. 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-governmental body; 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”).
C. Standardizing bodies that
have accepted or withdrawn from this Code shall notify this fact to
the ISO/IEC Information Centre in Geneva.
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.
Annex
3: Substantive Provisions
back to top
D. In 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 country.
E. 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.
F. 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 problems.
G. 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.
H. 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 bodies.
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 bodies.
I. Wherever appropriate, the
standardizing body shall specify standards based on product
requirements in terms of performance rather than design or descriptive
characteristics.
J. 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.
The work programme shall
for each standard indicate, in accordance with any ISONET rules, the
classification relevant to the subject matter, the stage attained in
the standards 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.
The 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.
K. 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.
L. 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.
M. 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.
N. 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.
O. Once the standard has been
adopted, it shall be promptly published.
P. 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.
Q. The 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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