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

2. Manila, 2 - 6 June 2003 2 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. 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)

3. Manila, 2 - 6 June 2003 3 Revised in Uruguay Round. Came into force on 1 January 1995. Revised in Uruguay Round. Came into force on 1 January 1995. TBT AGREEMENT (2)

4. Manila, 2 - 6 June 2003 4 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)

5. Manila, 2 - 6 June 2003 5 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)

6. Manila, 2 - 6 June 2003 6 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

7. Manila, 2 - 6 June 2003 7 Any procedure used … to determine that relevant requirements in technical regulations or standards are fulfilled. CONFORMITY ASSESSMENT PROCEDURES

8. Manila, 2 - 6 June 2003 8 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

9. Manila, 2 - 6 June 2003 9 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

10. Manila, 2 - 6 June 2003 10 Does not cover sanitary or phytosanitary measures as defined by the SPS Agreement. TBT AGREEMENT

11. Manila, 2 - 6 June 2003 11 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

12. Manila, 2 - 6 June 2003 12 Issues raised by developing countries with respect to the implementation of some existing WTO agreements and decisions. IMPLEMENTATION ISSUES (1)

13. Manila, 2 - 6 June 2003 13 TBT implementation issues are concerned with technical assistance and S&D. IMPLEMENTATION ISSUES (2)

14. Manila, 2 - 6 June 2003 14 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)

15. Manila, 2 - 6 June 2003 15 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)

16. Manila, 2 - 6 June 2003 16 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

17. Manila, 2 - 6 June 2003 17 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

18. Manila, 2 - 6 June 2003 18 Today, eco-labels are debated in two different WTO fora, i.e. the CTE and the TBT Committee ECO-LABELS

19. Manila, 2 - 6 June 2003 19 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

20. Manila, 2 - 6 June 2003 20 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

21. Manila, 2 - 6 June 2003 21 "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

22. Manila, 2 - 6 June 2003 22 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

23. Manila, 2 - 6 June 2003 23 The Ministerial declaration instructs the CTE to give particular attention to "labelling requirements for environmental purposes”. CTE

24. Manila, 2 - 6 June 2003 24 Takes place in Cancun, Mexico, on 10 -14 September 2003. Main purpose: take stock of progress in Doha Development Round. Takes place in Cancun, Mexico, on 10 -14 September 2003. Main purpose: take stock of progress in Doha Development Round. FIFTH WTO MINISTERIAL CONFERENCE

25. Manila, 2 - 6 June 2003 25 THE END !