The TBT Agreement aims to ensure that technical regulations and standards do not create unnecessary obstacles to trade. It covers all products and allows countries to implement measures for legitimate objectives like protecting health and safety, but requires them to be non-discriminatory and not more trade-restrictive than necessary. Key principles include harmonizing with international standards where possible, providing transparency through notification and enquiry points, recognizing equivalency of other countries' conformity assessment procedures, and giving special treatment to developing countries.

1. WTO AGREEMENTS
Technical Barriers to Trade
Agreement
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2. • Allows members to apply standards, technical
regulations, conformity assessment procedures for
▫ protection of human safety or health (sockets, seat belts,
labelling cigarettes)
▫ Protection of animal & plant life or health (pollution,
extinct eg turtle extruder device)
▫ Protection of environment (level of vehicle emissions)
▫ Prevention of deceptive practices (labelling, size)
▫ Other objectives (quality-size of fruits & vegs, tech
harmonization-telecom)
• However need to ensure that these do not create
obstacles to international trade
TBT Agreement - Objectives
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3. • Scope
▫ Applies to all products including industrial & agri products,
both voluntary standards & technical regulations(standards
to which compliance mandatory)
▫ Not apply to SPS measures as defined in SPS Agreement
• Covers
▫ Product characteristics
▫ Process & production methods(PPM) that have an effect on
product characteristics
▫ Terminology & symbols
▫ Packaging & labelling requirements
TBT Agreement Application
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4. • Avoidance of unnecessary obstacles to trade
• Non-discrimination & national treatment
• Harmonization
• Equivalence of technical regulations
• Mutual recognition & conformity assessment
procedures
• Transparency
TBT Principles
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5. • Least Trade Restrictive – should not be formulated &
applied in a manner so as to cause any unnecessary
obstacle to trade – not more trade restrictive than
needed to fulfill legitimate objectives (prevent
deceptive practices, protection of human, animal or
plant life or health, or environment)
• Examples – site for carrying out CA, sampling
procedures, methods of testing or their sensitivity
levels
Avoidance of unnecessary obstacles to
trade
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6. • Most Favoured Nation Basis – should apply on a
MFN basis to imports from all sources
• National Treatment Principle – shall not extend to
imported products treatment less favourable than
that extended to domestically produced products
Non-discrimination & national treatment
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7. • Why harmonize
▫ Benefits to producer – can cater to needs of all countries
leading to productions of scale eg cars, mobiles, TV sets, etc
▫ Benefits to consumers – wide choice, spare parts, etc
• Harmonization & TBT - standards/tech regulations/CA
procedures to be consistent with or based on
international standards unless “their use is ineffective/
inappropriate” to fulfill objective
• Technical regulations in accordance with International
standards are presumed not to create unnecessary
obstacles to trade participate actively in work of
ISO/other international bodies
Harmonization
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8. • CA procedures are those used to determine that
requirements met. Include sampling, inspection, testing,
evaluation, verification of conformity, accreditation, etc.
• Equivalence
ensure that each others results of CA procedures are
recognized based on an equivalence (ie even if these differ,
if they are satisfied that the procedures used offer an
assurance of conformity with their standards/technical
regulations) (6.1)
compliance with relevant Guides & accreditations is an
indication of adequate tech competence of CABs (6.1.1)
Encouraged to enter into negotiations for Agreements for
recognition of results of each others’ CA procedures (6.3)
Mutual Recognition of Conformity
Assessment (Article 6)
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9. • Notifications
▫ all proposed, new and changed measures are to be notified by
members to the TBT Committee of WTO Secretariat,
▫ to be provided to members, translated versions if requested, &
any deviations from international standards
▫ give sufficient notice to allow for adapting to these reqts.
▫ If technical regulation differs from international standards, need
to also take into account comments of exporter
• Enquiry Points
▫ An enquiry point to be set up – a focal point
▫ answer all reasonable enquiries
▫ provide documents on technical regulations, standards & CA
procedures;
• any agreements to be notified to secretariat
Transparency
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10. • Accept as equivalent, technical regulations of other
members’ even if these differ from their own, if they
are satisfied that these adequately fulfill the
objectives of their own regulations (Article 2.7)
• Example – auto emission levels controlled through
catalytic converter, objective can also be achieved
through use of diesel engines
Equivalence of technical regulations
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11. • Technical assistance
provided to developing countries in the area of setting up
NSBs, participation in international standardization,
preparing technical regulations, setting up regulatory
bodies for Conformity Assessment activities, methods of
Conformity Assessment, etc
• Special & Differential Treatment
more favorable treatment to be provided to developing
countries
take into account their special developmental, financial &
trade needs when developing tech regulations, standards
and CA procedures so that no unnecessary obstacles
created to exports from developing countries.
Key Features
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