Appendix III: Agreement on TBT
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 however to ensure that technical regulations and standards,
including packaging, marking and labeling 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.
Article 1: General provisions
| 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. | |
| 1.5 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. |
Article 2: Technical regulations and standards
| 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 favorable 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 fulfill a legitimate objective, taking account of the risks nonfulfillment 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. |
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Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information:
Book title: The World Trade Organization and the Environment.
Contributors: P. K. Rao - Author.
Publisher: St. Martin's Press.
Place of publication: New York.
Publication year: 2000.
Page number: 91.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.
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