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Agreement Technical Barriers

A standard is a document approved by an accredited body that sets out guidelines or characteristics that are not mandatory. It may contain terminology, symbols, packaging or labelling requirements and may apply to a product, process or manufacturing process. Standards differ from technical regulations in that they are not binding. Although they are voluntary, producers often have no choice but to respect them for commercial practice. [4] Without prejudice in paragraphs 3 and 4, members ensure, as far as possible, that the results of compliance assessment procedures are accepted in other Member States, even if these procedures differ from their own, provided they are satisfied that these procedures offer compliance with applicable rules or technical standards that are equivalent to their own procedures. It is recognized that prior consultations may be necessary to achieve a satisfactory understanding for both parties, particularly with regard to: the OBT agreement can be divided into five parts. The first part defines the scope of the agreement, which does not include “industrial and agricultural products” but not sanitary and plant health measures. The second part outlines the obligations and principles of technical rules. The third part deals with compliance and compliance assessment.

The fourth part deals with information and assistance, including the obligation for nations to help each other in the development of technical provisions. Finally, the fifth part provides for the creation of the Technical Barriers to Trade Committee and sets out dispute resolution procedures. 2.11 Members ensure that all technical provisions adopted are published without delay or published in such a way that interested parties from other members can know them. The panel and appeal body in the Tuna-Dolphin GATT case (I and II) considered the U.S. dolphin-proof tuna labelling measures to be a technical regulation. The requirements for the sale of tuna in the United States were not mandatory, but the requirements were mandatory for safe dolphin certification. The appellate body stated that the requirement was binding and therefore de jure, as the United States did not provide other methods for obtaining safe dolphin etiquette. It is clear from this decision that measures to obtain a monopoly on a given label are considered technical rules, but the test is on a case-by-case basis.

[5] It is recognized that members of developing countries may face particular problems, including institutional and infrastructure, in the preparation and enforcement of technical rules, standards and compliance assessment procedures.