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p. 18 of 40 BACK | NEXT The WTO Tariff Concessions Non-Discrimination Principles Non-Tariff Barriers to Trade Prohibition of Quantitative Restrictions Customs Administration Standards and Technical Regulations Sanitary and Phytosanitary Measures Technical Barriers to Trade Investment Services Trade-Related Aspects of Intellectual Property Rights Textiles and Clothing Agriculture Trade Remedies Dispute Settlement System Regional Arrangements WTO Application Process

World Trade Organization Toolkit : Non-Tariff Barriers to Trade : Standards and Technical Regulations

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(ii) Technical Barriers to Trade (TBT)

The TBT Agreement tries to ensure that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to trade. Examples of measures falling under the TBT Agreement include eco-labelling requirements, rules on the recycling and disposal of goods, product noise specifications, electricity efficiency requirements.

The TBT Agreement applies to all products, including agricultural and industrial products. It excludes sanitary and phytosanitary measures.

The Agreement recognises that countries have the right to adopt standards in order to establish protection at the levels they consider appropriate, for example for human, animal or plant life or health or the environment. Countries should not be prevented from taking measures necessary to ensure those levels of protection are met. Article 2.1 reiterates the commitment to MFN and national treatment. Article 2.2 states that technical regulations should not be more restrictive than necessary to fulfil a legitimate objective (principle of proportionality), taking into account the risks that non-fulfilment would create. The Article then provides an open-ended list of legitimate concerns which include "inter alia national security requirements; the protection from deceptive practices; the protection of human health or safety, animal or plant life or health, or the environment". To some extent, this provision extends the limited scope of Article XX. The agreement also provides that the assessment of such risks will be based on "inter alia: available scientific and technical information, related processing technology or the intended end-uses of products."

In order to reduce diversity in the standards used, the agreement encourages Members to use international standards where these are appropriate. However, it does not impose the use of such standards.

The Agreement covers three broad practical topics: preparation, adoption and application of technical regulations and standards; assessment of conformity; and information and assistance.

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