- Standardization:
- Conformity Assessments:
- General/Common area:
TBT Agreement
TBT Agreement
1. The outline of the WTO
Agreement
The World Trade
Organization (WTO) was established in January 1995 as an international
organization for the implementation of the results of multilateral trade
negotiations.
2. Basic idea and significance
of the TBT Agreement
Basic principles
are to prevent standards of products and the procedures to assess
their conformity from causing unnecessary impediments to
international trade.
The TBT Agreement aims to ensure transparency in establishing technical
regulations, standards, and conformity assessment procedures, and reduce trade barriers by promoting international
harmonization based on international standards and international guides.
3. The outline of the TBT
Agreement
(1) TBT Agreement
The GATT Standard Code, which was ratified as an
international agreement in April 1979, was revised and concluded in the form of
the TBT Agreement in May 1994. The TBT Agreement, included into the WTO
Agreement in January 1995, applies to all member states of the WTO.
The TBT Agreement stipulates the principles for establishing national standards
and the need to ensure transparency in the process of preparing standards so
that countries’ product standards and their conformity assessment
procedures (standards and conformity assessment system) do not unnecessarily
hinder trade.
(2) Basic
structure
With regard to the implementation of technical
regulations, standards, and conformity assessment procedures, member countries
are required to use international standards and provide guidance as a basis and adopting national treatment and most favored nation treatment,
undertake necessary notification procedures, and accept comments from other
member countries.
Technical regulations and the results of conformity assessment procedures are
to be accepted as much as possible if those in other countries even if they are different
from domestic ones but are recognized as equivalent.
Meanwhile, for developing countries, technical assistance and exemptions are
widely admitted.
4. Provisions on technical
regulations
It is stipulated
that imported products should be accorded national treatment or most favored
nation treatment (Article 2-1), that technical regulations should be limited to
the minimum necessary for legitimate objectives (national security requirements,
the prevention of deceptive practices,
protection of human health, etc.) (Article
2-3) and that technical regulations are to be required to use international
standards as their basis (Article 2-4).
The Agreement also stipulates that member states should give positive
consideration to accepting as equivalent technical regulations of other member
states, even if these regulations differ from their own (Article 2-7).
Furthermore, prior notification to the WTO Secretariat is required when a draft
of technical regulations does not conform to international standards (Articles
2-9 and 2-12).
5. Provisions on standards
The agreement
stipulates that member states shall ensure that their central governments’
standardizing bodies accept and comply with the CGP and that non-government
standardizing bodies shall take appropriate measures to accept and comply
with the CGP (Article 4-1).
(1) Code of Good
Practice
The CGP is prescribed in Annex 3 of the TBT
Agreement. It stipulates matters with which standardizing bodies (all
government or non-government standardizing bodies of the WTO member states)
should comply in preparing and adopting standards (requirements of prior
notification etc.).
(2) Practical
examples in preparing JIS
In case of JISC: The standards and
conformance office in Ministry of Economy, Trade and Industry (METI) has secured transparency in preparing JIS
through JISC's
website, JETRO Daily, Official Bulletin of Economy, Trade and
Industry, and the Standardization Journal.
* For details of notification, see “WTO/TBT
notification.”
6. Provisions on conformity
assessment procedures
Member states, when
preparing conformity assessment procedures for technical regulations and
standards, are required to use the Guides or Recommendations issued by
International Standardizing Bodies as their basis (Article 5-4).
Prior notification to the WTO Secretariat is required when a draft of
conformity assessment procedures does not conform to international guidelines
(Article 5-6).
Furthermore, member states are required to accept the results of conformity
assessment procedures by overseas Conformity Assessment Bodies having obtained
Accreditation pursuant to the Guides or Recommendations issued by
International Standardizing Bodies when they recognize that relevant bodies have
sufficient technical competence and whenever possible (Article 6-1).
Member states are also encouraged to conduct Mutual Recognition negotiations on
the results of conformity assessment procedures (Article 6-3).
7. Triennial review
Based on the
provisions of Article 15-4 of the Agreement, reviews are to be conducted on the
implementation of the system once every three years. Triennial reviews have
been conducted once every three years since 1997. In particular, the second triennial review reached a committee
resolution on various principles on the preparation of international standards (transparency,
openness, fairness, conformity, consistency, consideration to developing
countries, etc.)
Materials related
to the triennial reviews are available in “Triennial
review reports.”
Reference Major points of the TBT Agreement
Article 2
Provisions related to Technical Regulations of
Central Government Bodies (Article 2-4) require that member states enforce
their technical regulations based on international standards.
Article 4
Provisions related to the adoption of Standards
(Article 4-1) require that member states accept the Code of Good Practice
concerning Central Standards Bodies’ adoption of regulations.
Article 5
Provisions related to conformity assessment by
Central Government Bodies (Article 5-4) require that member states utilize the
Guides or Recommendations prescribed by International Standardizing Bodies as
the base in preparing technical regulations, standards, and conformity
assessment procedures.
Article 6
Provisions related to the Recognition of the results
of conformity assessment procedures by Central Government Bodies (Article 6-1)
require that member states recognize that overseas Conformity Assessment Bodies
which have obtained Accreditation pursuant to the Guides or Recommendations
prescribed by the International Standardizing Bodies have sufficient technical
competence, and ensure the acceptance of the results whenever possible.
Member countries are also encouraged to conduct Mutual Recognition negotiations
pursuant to the results of conformity assessment procedures
Annex 3
The “Code of Good Practice” concerning the adoption
of standards prescribes procedures standardizing bodies are to take in adopting
standards.
·
Prevention
of the adoption of standards that may incur trade barriers
·
Adoption
of standards based on international standards
·
Constructive
participation in the adoption of international standards
·
Publication
of work plans concerning the adoption of standards at least once every six
months
Notification of the ISO/IEC Information Center as to the implementation of work
plans
·
Declaration
of comment reception public announcement periods for a period of at least for
60 days prior to the adoption of standards
REF. Principal Points of Agreement on Technical Barriers to
Trade
Article 2
Preparation, Adoption and Application of Technical Regulations by Central
Government Bodies
With
respect to the Central Government Bodies, Members shall use relevant
international standards as a basis for their Technical Regulations.
(Article 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.
(Article 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.
(Article 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.
Article 4
Preparation, Adoption and Application of Standards
Members
shall ensure that their Central Government Standardizing Bodies accept and
comply with the Code of Good Practice (referred to as "CGP") for the
Preparation, Adoption and Application of Standards.
(Article 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.
(Article 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.
Article 5
Procedures for Assessment of Conformity by Central Government Bodies
Members
shall ensure that Central Government Bodies use Relevant Guides or
Recommendations issued by International Standardizing Bodies as a basis for
their conformity assessment procedures.
(Article 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.
Article 6
Recognition of Conformity Assessment by Central Government Bodies
Members
shall ensure, whenever possible, that results of conformity assessment
procedures by Conformity Assessment bodies with relevant guides or
recommendations issued by International Standardizing Bodies, as an indication
of adequate technical competence. Also, members are encouraged 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.
Annex 3
CGP for the Preparation, Adoption and Application of Standards
Any 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.
·
use International Standards, if any, as a basis for the
standards they develop.
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.
·
participate in a particular International Standardization
Activity.
·
publish a Work Programme at least once every six months.
notify the existence thereof to the ISO/IEC Information Centre.
·
allow a period of at least 60 days for the submission of
comments on the draft standard before adopting it.
Skeleton of
AGREEMENT ON TECHNICAL BARRIERS TO TRADE
Article 1:
General Provisions
TECHNICAL
REGULATIONS AND STANDARDS
Article 2:
Preparation, Adoption and Application of Technical
Regulations by Central Government Bodies
Article 3:
Preparation, Adoption and Application of technical
Regulations by Local Government Bodies and Non-Governmental Bodies
Article 4:
Preparation, Adoption and Application of Standards
CONFORMITY W/
TECHNICAL REGULATIONS AND STANDARDS
Article 5:
Procedures for Assessment of Conformity by Central
Government Bodies
Article 6:
Recognition of Conformity Assessment by Central
Government Bodies
Article 7:
Procedures for Assessment of Conformity by Local
Government Bodies
Article 8:
Procedures for Assessment of Conformity by
Non-Governmental Bodies
Article 9:
International and Regional Systems
CONFORMITY W/
TECHNICAL REGULATIONS AND STANDARDS
Article 10:
Information About Technical Regulations, Standards
and Conformity Assessment Procedures
Article 11:
Technical Assistance to Other Members
Article 12:
Special and Differential Treatment of Developing
Country Members
INSTITUTIONS,
CONSULTATION AND DISPUTE SETTLEMENT
Article 13:
Information About Technical Regulations, Standards
and Conformity Assessment Procedures
Article 14:
Technical Assistance to Other Members
FINAL PROVISIONS
Article 15:
Final Provisions
ANNEXES
Annex 1:
Terms and Their Definition for The Purpose of this
Agreement
Annex 2:
Technical Expert Groups
Annex 3:
Code of Good Practice for the Preparation, Adoption
and Application of Standards
[Main text ends here.]
- International deliberations/cooperation
- WTO/TBT
- PASC
- Bilateral negotiations
- Aid for developing
countries
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Industrial Standards Committee. All Rights Reserved.