Manila, June WTO and Technical Barriers to Trade

Manila, June Developed in response to recognition by GATT CP’s that non-tariff barriers could create barriers to trade. First negotiated in Tokyo Round. Developed in response to recognition by GATT CP’s that non-tariff barriers could create barriers to trade. First negotiated in Tokyo Round. TBT AGREEMENT (1)

Manila, June Revised in Uruguay Round. Came into force on 1 January Revised in Uruguay Round. Came into force on 1 January TBT AGREEMENT (2)

Manila, June RECOGNIZES The right of WTO Members to adopt technical regulations, standards and conformity assessment procedures. RECOGNIZES The right of WTO Members to adopt technical regulations, standards and conformity assessment procedures. TBT AGREEMENT (3)

Manila, June HOWEVER, Ensures that such measures do not create unnecessary barriers to trade. HOWEVER, Ensures that such measures do not create unnecessary barriers to trade. TBT AGREEMENT (4)

Manila, June 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." 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

Manila, June Any procedure used … to determine that relevant requirements in technical regulations or standards are fulfilled. CONFORMITY ASSESSMENT PROCEDURES

Manila, June 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 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

Manila, June Main Principles: Non-discrimination Avoidance of Unnecessary Obstacles to Trade Harmonization Equivalence Mutual Recognition Transparency Main Principles: Non-discrimination Avoidance of Unnecessary Obstacles to Trade Harmonization Equivalence Mutual Recognition Transparency ReCap

Manila, June Does not cover sanitary or phytosanitary measures as defined by the SPS Agreement. TBT AGREEMENT

Manila, June type of measure determines whether covered by TBT Agreement, but purpose of measure relevant in determining if measure subject to SPS Agreement. type of measure determines whether covered by TBT Agreement, but purpose of measure relevant in determining if measure subject to SPS Agreement. TBT AGREEMENT

Manila, June Issues raised by developing countries with respect to the implementation of some existing WTO agreements and decisions. IMPLEMENTATION ISSUES (1)

Manila, June TBT implementation issues are concerned with technical assistance and S&D. IMPLEMENTATION ISSUES (2)

Manila, June 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)

Manila, June 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)

Manila, June 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. 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

Manila, June 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

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

Manila, June 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 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

Manila, June 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. – 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

Manila, June "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." – "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

Manila, June 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. 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

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

Manila, June Takes place in Cancun, Mexico, on September Main purpose: take stock of progress in Doha Development Round. Takes place in Cancun, Mexico, on September Main purpose: take stock of progress in Doha Development Round. FIFTH WTO MINISTERIAL CONFERENCE

Manila, June THE END !