Manila, 2 - 6 June 2003 1 WTO and Technical Barriers to Trade.

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WTO and Technical Barriers to Trade

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•Developed in response to recognition by GATT CP’s that non-tariff barriers could create barriers to trade.

•First negotiated in 1973-79 Tokyo Round.

TBT AGREEMENT (1)

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•Revised in Uruguay Round.

•Came into force on 1 January 1995.

TBT AGREEMENT (2)

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RECOGNIZES The right of WTO Members to adopt technical regulations, standards and conformity assessment procedures.

TBT AGREEMENT (3)

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HOWEVER, Ensures that such measures

do not create unnecessary barriers to trade.

TBT AGREEMENT (4)

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Document which lays down product characteristics or their related processes and production methods with which compliance is mandatory.

• "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..."

• "Any procedure used…to determine that relevant requirements in technical regulations or standards are fulfilled."

TECHNICAL REGULATION

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Any procedure used … to determine that relevant requirements in technical regulations or standards are fulfilled.

CONFORMITY ASSESSMENT PROCEDURES

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Document approved by a recog- nized 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

STANDARD

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•Main Principles:• Non-discrimination•Avoidance of Unnecessary Obstacles to Trade• Harmonization• Equivalence• Mutual Recognition• Transparency

ReCap

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Does not cover sanitary or phytosanitary measures as defined by the SPS Agreement.

TBT AGREEMENT

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•type of measure determines whether covered by TBT Agreement, but

•purpose of measure relevant in determining if measure subject to SPS Agreement.

TBT AGREEMENT

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Issues raised by developing countries with respect to the implementation of some existing WTO agreements and decisions.

IMPLEMENTATION ISSUES (1)

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TBT implementation issues are concerned with technical assistance and S&D.

IMPLEMENTATION ISSUES (2)

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Tangible and meaningful tech-nical assistance and co-operation to be provided to developing country Members, ensuring the effective implementation of Article 11;

IMPLEMENTATION ISSUES (3)

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Acceptance by developed-country importers of self-declaration regarding adherence to standards by developing-country exporters. To be introduced in Article 12.

IMPLEMENTATION ISSUES (4)

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•subject to GATT rules and principles, in particular to those of- non-discrimination; –mfn treatment (Art. I); and –national treatment (Art.III); –also expressly covered by TBT provisions.

LABELLING

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According to the TBT Agreement a label is a technical regulation and, as such, mandatory whereas an eco-label is considered to be a standard and thus of a voluntary nature.

LABELLING

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Today, eco-labels are debated in two different WTO fora, i.e. the CTE and the TBT Committee

ECO-LABELS

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Document approved by a recog- nized 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

STANDARD

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assuring the consumer that labelled products derive from stocks that are harvested in a sustainable way and that the fishing process will not have serious ecosystem effects. –

ECO-LABELLING FOR FISHERIES: DEFINITION

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"through communication of verifiable and accurate information – that is not

misleading – on environmental aspects of products and services, to encourage the

demand for and supply of those products and services that have a less negative impact on the environment, thereby stimulating the potential for market-driven continuous

environmental improvement." –

ECO-LABELLING: OBJECTIVE

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Under the TBT Agreement, eco-labels fall under the definition of

a standard, defined as a document which sets out rules for products or related processes and production methods.

TBT AGREEMENT

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The Ministerial declaration instructs the CTE to give particular attention to "labelling requirements for environmental purposes”.

CTE

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•Takes place in Cancun, Mexico, on 10 -14 September 2003.

•Main purpose: take stock of progress in Doha Development Round.

FIFTH WTO MINISTERIAL CONFERENCE

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THE END !