Agreement Technical Barriers To Trade

12.7 In accordance with Article 11, Member States provide technical assistance to developing countries to ensure that the development and application of technical rules, standards and compliance assessment procedures do not create unnecessary barriers to the expansion and diversification of developing countries` exports. In defining the conditions for technical assistance, the level of development of the applicant members, and in particular the least developed countries, is taken into account. When a measure is established to be a technical regime, it is governed by Article 2 OEE. 11.1 When necessary, members have advice on other members, including members of the developing country, when developing technical rules. 2.8 If necessary, members adopt technical rules based on product performance requirements and not on design or descriptive characteristics. The USTR WTO Multilateral Affairs (WAMA) office is responsible for trade negotiations and negotiations, as well as policy coordination for technical barriers and standards-related activities. 4. Technical expert groups can collect and obtain information and technical advice from all sources they deem appropriate. Before requesting this information or advice from a source under a member`s jurisdiction, a group of technical experts informs the government. Each member responds promptly and fully to any request from a group of technical experts to the information that the group of technical experts deems necessary and appropriate.

The panel and appeal body in the Tuna-Dolphin GATT case (I and II) considered the U.S. dolphin-proof tuna labelling measures to be a technical regulation. The requirements for the sale of tuna in the United States were not mandatory, but the requirements were mandatory for safe dolphin certification. The appellate body stated that the requirement was binding and therefore de jure, as the United States did not provide other methods for obtaining safe dolphin etiquette. It is clear from this decision that measures to obtain a monopoly on a given label are considered technical rules, but the test is on a case-by-case basis. [5] It is recognized that members of developing countries may face particular problems, including institutional and infrastructure, in the preparation and enforcement of technical rules, standards and compliance assessment procedures. It is also recognized that the special development and trade needs of members of developing countries, as well as their state of technological development, may hinder their ability to fully meet their obligations under this agreement. The members therefore take full account of this.

In order to ensure that members of developing countries are able to comply with this agreement, the Technical Committee on Trade Barriers under Article 13 (designated in this agreement as a committee) may grant, on request, exemptions, in whole or in part, limited in time to the obligations under this agreement. In considering these applications, the Committee takes into account the specific problems related to the preparation and application of technical rules, standards and procedures for assessing compliance, as well as the specific development and trade needs of the developing country, as well as its technological evolution, which may compromise its ability to fully meet its obligations under this agreement. In particular, the Committee takes into account the specific problems faced by the least developed countries. keen to ensure that technical rules and standards, including packaging, labelling and labelling requirements, and procedures for assessing compliance with technical rules and standards do not create unnecessary barriers to international trade; One of the objectives of the World Trade Organization (WTO) Technical Barriers to Trade (OTC) agreement is to ensure that technical regulations, product standards and compliance assessment procedures (testing procedures and compliance

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