외교부

AGREEMENT ON TECHNICAL BARRIERS TO TRADE

Members,

Having regard to the Uruguay Round of Multilateral Trade Negotiations;

Desiring to further the objectives of GATT 1994;

Recognizing the important contribution that international standards and conformity assessment

systems can make in this regard by improving efficiency of production and facilitating the conduct

of international trade;

Desiring therefore to encourage the development of such international standards and conformity

assessment systems;

Desiring however to ensure that technical regulations and standards, including packaging, marking

and labelling requirements, and procedures for assessment of conformity with technical regulations

and standards do not create unnecessary obstacles to international trade;

Recognizing that no country should be prevented from taking measures necessary to ensure

the quality of its exports, or for the protection of human, animal or plant life or health, of the

environment, or for the prevention of deceptive practices, at the levels it considers appropriate, subject

to the requirement that they are not applied in a manner which would constitute a means of arbitrary

or unjustifiable discrimination between countries where the same conditions prevail or a disguised

restriction on international trade, and are otherwise in accordance with the provisions of this Agreement;

Recognizing that no country should be prevented from taking measures necessary for the

protection of its essential security interest;

Recognizing the contribution which international standardization can make to the transfer of

technology from developed to developing countries;

Recognizing that developing countries may encounter special difficulties in the formulation

and application of technical regulations and standards and procedures for assessment of conformity

with technical regulations and standards, and desiring to assist them in their endeavours in this regard;

Hereby agree as follows:

Article 1

General Provisions

1.1 General terms for standardization and procedures for assessment of conformity shall normally

have the meaning given to them by definitions adopted within the United Nations system and by

international standardizing bodies taking into account their context and in the light of the object and

purpose of this Agreement.

1.2 However, for the purposes of this Agreement the meaning of the terms given in Annex 1 applies.

1.3 All products, including industrial and agricultural products, shall be subject to the provisions

of this Agreement.

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1.4 Purchasing specifications prepared by governmental bodies for production or consumption

requirements of governmental bodies are not subject to the provisions of this Agreement but are addressed

in the Agreement on Government Procurement, according to its coverage.

1.5 The provisions of this Agreement do not apply to sanitary and phytosanitary measures as defined

in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures.

1.6 All references in this Agreement to technical regulations, standards and conformity assessment

procedures shall be construed to include any amendments thereto and any additions to the rules or the

product coverage thereof, except amendments and additions of an insignificant nature.

TECHNICAL REGULATIONS AND STANDARDS

Article 2

Preparation, Adoption and Application of Technical Regulations

by Central Government Bodies

With respect to their central government bodies:

2.1 Members shall ensure that in respect of technical regulations, products imported from the territory

of any Member shall be accorded treatment no less favourable than that accorded to like products of

national origin and to like products originating in any other country.

2.2 Members shall ensure that technical regulations are not prepared, adopted or applied with a

view to or with the effect of creating unnecessary obstacles to international trade. For this purpose,

technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective,

taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia:

national security requirements; the prevention of deceptive practices; protection of human health or

safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements

of consideration are, inter alia: available scientific and technical information, related processing

technology or intended end-uses of products.

2.3 Technical regulations shall not be maintained if the circumstances or objectives giving rise

to their adoption no longer exist or if the changed circumstances or objectives can be addressed in a

less trade-restrictive manner.

2.4 Where technical regulations are required and relevant international standards exist or their

completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their

technical regulations except when such international standards or relevant parts would be an ineffective

or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of

fundamental climatic or geographical factors or fundamental technological problems.

2.5 A Member preparing, adopting or applying a technical regulation which may have a significant

effect on trade of other Members shall, upon the request of another Member, explain the justification

for that technical regulation in terms of the provisions of paragraphs 2 to 4. Whenever a technical

regulation is prepared, adopted or applied for one of the legitimate objectives explicitly mentioned in

paragraph 2, and is in accordance with relevant international standards, it shall be rebuttably presumed

not to create an unnecessary obstacle to international trade.

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2.6 With a view to harmonizing technical regulations on as wide a basis as possible, Members shall

play a full part, within the limits of their resources, in the preparation by appropriate international

standardizing bodies of international standards for products for which they either have adopted, or expect

to adopt, technical regulations.

2.7 Members shall give positive consideration to accepting as equivalent technical regulations of

other Members, even if these regulations differ from their own, provided they are satisfied that these

regulations adequately fulfil the objectives of their own regulations.

2.8 Wherever appropriate, Members shall specify technical regulations based on product requirements

in terms of performance rather than design or descriptive characteristics.

2.9 Whenever a relevant international standard does not exist or the technical content of a proposed

technical regulation is not in accordance with the technical content of relevant international standards,

and if the technical regulation may have a significant effect on trade of other Members, Members shall:

2.9.1 publish a notice in a publication at an early appropriate stage, in such a manner as to

enable interested parties in other Members to become acquainted with it, that they

propose to introduce a particular technical regulation;

2.9.2 notify other Members through the Secretariat of the products to be covered by the

proposed technical regulation, together with a brief indication of its objective and

rationale. Such notifications shall take place at an early appropriate stage, when

amendments can still be introduced and comments taken into account;

2.9.3 upon request, provide to other Members particulars or copies of the proposed technical

regulation and, whenever possible, identify the parts which in substance deviate from

relevant international standards;

2.9.4 without discrimination, allow reasonable time for other Members to make comments

in writing, discuss these comments upon request, and take these written comments and

the results of these discussions into account.

2.10 Subject to the provisions in the lead-in to paragraph 9, where urgent problems of safety, health,

environmental protection or national security arise or threaten to arise for a Member, that Member may

omit such of the steps enumerated in paragraph 9 as it finds necessary, provided that the Member, upon

adoption of a technical regulation, shall:

2.10.1 notify immediately other Members through the Secretariat of the particular technical

regulation and the products covered, with a brief indication of the objective and the

rationale of the technical regulation, including the nature of the urgent problems;

2.10.2 upon request, provide other Members with copies of the technical regulation;

2.10.3 without discrimination, allow other Members to present their comments in writing,

discuss these comments upon request, and take these written comments and the results

of these discussions into account.

2.11 Members shall ensure that all technical regulations which have been adopted are published

promptly or otherwise made available in such a manner as to enable interested parties in other Members

to become acquainted with them.

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2.12 Except in those urgent circumstances referred to in paragraph 10, Members shall allow a

reasonable interval between the publication of technical regulations and their entry into force in order

to allow time for producers in exporting Members, and particularly in developing country Members,

to adapt their products or methods of production to the requirements of the importing Member.

Article 3

Preparation, Adoption and Application of Technical Regulations

by Local Government Bodies and Non-Governmental Bodies

With respect to their local government and non-governmental bodies within their territories:

3.1 Members shall take such reasonable measures as may be available to them to ensure compliance

by such bodies with the provisions of Article 2, with the exception of the obligation to notify as referred

to in paragraphs 9.2 and 10.1 of Article 2.

3.2 Members shall ensure that the technical regulations of local governments on the level directly

below that of the central government in Members are notified in accordance with the provisions of

paragraphs 9.2 and 10.1 of Article 2, noting that notification shall not be required for technical regulations

the technical content of which is substantially the same as that of previously notified technical regulations

of central government bodies of the Member concerned.

3.3 Members may require contact with other Members, including the notifications, provision of

information, comments and discussions referred to in paragraphs 9 and 10 of Article 2, to take place

through the central government.

3.4 Members shall not take measures which require or encourage local government bodies or nongovernmental

bodies within their territories to act in a manner inconsistent with the provisions of

Article 2.

3.5 Members are fully responsible under this Agreement for the observance of all provisions of

Article 2. Members shall formulate and implement positive measures and mechanisms in support of

the observance of the provisions of Article 2 by other than central government bodies.

Article 4

Preparation, Adoption and Application

of Standards

4.1 Members shall ensure that their central government standardizing bodies accept and comply

with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3

to this Agreement (referred to in this Agreement as the "Code of Good Practice"). They shall take

such reasonable measures as may be available to them to ensure that local government and nongovernmental

standardizing bodies within their territories, as well as regional standardizing bodies of

which they or one or more bodies within their territories are members, accept and comply with this

Code of Good Practice. In addition, Members shall not take measures which have the effect of, directly

or indirectly, requiring or encouraging such standardizing bodies to act in a manner inconsistent with

the Code of Good Practice. The obligations of Members with respect to compliance of standardizing

bodies with the provisions of the Code of Good Practice shall apply irrespective of whether or not a

standardizing body has accepted the Code of Good Practice.

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4.2 Standardizing bodies that have accepted and are complying with the Code of Good Practice

shall be acknowledged by the Members as complying with the principles of this Agreement.

CONFORMITY WITH TECHNICAL REGULATIONS AND STANDARDS

Article 5

Procedures for Assessment of Conformity by Central Government Bodies

5.1 Members shall ensure that, in cases where a positive assurance of conformity with technical

regulations or standards is required, their central government bodies apply the following provisions

to products originating in the territories of other Members:

5.1.1 conformity assessment procedures are prepared, adopted and applied so as to grant access

for suppliers of like products originating in the territories of other Members under

conditions no less favourable than those accorded to suppliers of like products of national

origin or originating in any other country, in a comparable situation; access entails

suppliers' right to an assessment of conformity under the rules of the procedure,

including, when foreseen by this procedure, the possibility to have conformity assessment

activities undertaken at the site of facilities and to receive the mark of the system;

5.1.2 conformity assessment procedures are not prepared, adopted or applied with a view

to or with the effect of creating unnecessary obstacles to international trade. This means,

inter alia, that conformity assessment procedures shall not be more strict or be applied

more strictly than is necessary to give the importing Member adequate confidence that

products conform with the applicable technical regulations or standards, taking account

of the risks non-conformity would create.

5.2 When implementing the provisions of paragraph 1, Members shall ensure that:

5.2.1 conformity assessment procedures are undertaken and completed as expeditiously as

possible and in a no less favourable order for products originating in the territories of

other Members than for like domestic products;

5.2.2 the standard processing period of each conformity assessment procedure is published

or that the anticipated processing period is communicated to the applicant upon request;

when receiving an application, the competent body promptly examines the completeness

of the documentation and informs the applicant in a precise and complete manner of

all deficiencies; the competent body transmits as soon as possible the results of the

assessment in a precise and complete manner to the applicant so that corrective action

may be taken if necessary; even when the application has deficiencies, the competent

body proceeds as far as practicable with the conformity assessment if the applicant

so requests; and that, upon request, the applicant is informed of the stage of the

procedure, with any delay being explained;

5.2.3 information requirements are limited to what is necessary to assess conformity and

determine fees;

5.2.4 the confidentiality of information about products originating in the territories of other

Members arising from or supplied in connection with such conformity assessment

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procedures is respected in the same way as for domestic products and in such a manner

that legitimate commercial interests are protected;

5.2.5 any fees imposed for assessing the conformity of products originating in the territories

of other Members are equitable in relation to any fees chargeable for assessing the

conformity of like products of national origin or originating in any other country, taking

into account communication, transportation and other costs arising from differences

between location of facilities of the applicant and the conformity assessment body;

5.2.6 the siting of facilities used in conformity assessment procedures and the selection of

samples are not such as to cause unnecessary inconvenience to applicants or their agents;

5.2.7 whenever specifications of a product are changed subsequent to the determination of

its conformity to the applicable technical regulations or standards, the conformity

assessment procedure for the modified product is limited to what is necessary to

determine whether adequate confidence exists that the product still meets the technical

regulations or standards concerned;

5.2.8 a procedure exists to review complaints concerning the operation of a conformity

assessment procedure and to take corrective action when a complaint is justified.

5.3 Nothing in paragraphs 1 and 2 shall prevent Members from carrying out reasonable spot checks

within their territories.

5.4 In cases where a positive assurance is required that products conform with technical regulations

or standards, and relevant guides or recommendations issued by international standardizing bodies exist

or their completion is imminent, Members shall ensure that central government bodies use them, or

the relevant parts of them, as a basis for their conformity assessment procedures, except where, as duly

explained upon request, such guides or recommendations or relevant parts are inappropriate for the

Members concerned, for, inter alia, such reasons as: national security requirements; the prevention

of deceptive practices; protection of human health or safety, animal or plant life or health, or the

environment; fundamental climatic or other geographical factors; fundamental technological or

infrastructural problems.

5.5 With a view to harmonizing conformity assessment procedures on as wide a basis as possible,

Members shall play a full part, within the limits of their resources, in the preparation by appropriate

international standardizing bodies of guides and recommendations for conformity assessment procedures.

5.6 Whenever a relevant guide or recommendation issued by an international standardizing body

does not exist or the technical content of a proposed conformity assessment procedure is not in accordance

with relevant guides and recommendations issued by international standardizing bodies, and if the

conformity assessment procedure may have a significant effect on trade of other Members, Members

shall:

5.6.1 publish a notice in a publication at an early appropriate stage, in such a manner as to

enable interested parties in other Members to become acquainted with it, that they

propose to introduce a particular conformity assessment procedure;

5.6.2 notify other Members through the Secretariat of the products to be covered by the

proposed conformity assessment procedure, together with a brief indication of its

objective and rationale. Such notifications shall take place at an early appropriate stage,

when amendments can still be introduced and comments taken into account;

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5.6.3 upon request, provide to other Members particulars or copies of the proposed procedure

and, whenever possible, identify the parts which in substance deviate from relevant

guides or recommendations issued by international standardizing bodies;

5.6.4 without discrimination, allow reasonable time for other Members to make comments

in writing, discuss these comments upon request, and take these written comments and

the results of these discussions into account.

5.7 Subject to the provisions in the lead-in to paragraph 6, where urgent problems of safety, health,

environmental protection or national security arise or threaten to arise for a Member, that Member may

omit such of the steps enumerated in paragraph 6 as it finds necessary, provided that the Member, upon

adoption of the procedure, shall:

5.7.1 notify immediately other Members through the Secretariat of the particular procedure

and the products covered, with a brief indication of the objective and the rationale of

the procedure, including the nature of the urgent problems;

5.7.2 upon request, provide other Members with copies of the rules of the procedure;

5.7.3 without discrimination, allow other Members to present their comments in writing,

discuss these comments upon request, and take these written comments and the results

of these discussions into account.

5.8 Members shall ensure that all conformity assessment procedures which have been adopted are

published promptly or otherwise made available in such a manner as to enable interested parties in

other Members to become acquainted with them.

5.9 Except in those urgent circumstances referred to in paragraph 7, Members shall allow a reasonable

interval between the publication of requirements concerning conformity assessment procedures and

their entry into force in order to allow time for producers in exporting Members, and particularly in

developing country Members, to adapt their products or methods of production to the requirements

of the importing Member.

Article 6

Recognition of Conformity Assessment by Central Government Bodies

With respect to their central government bodies:

6.1 Without prejudice to the provisions of paragraphs 3 and 4, Members shall ensure, whenever

possible, that results of conformity assessment procedures in other Members are accepted, even when

those procedures differ from their own, provided they are satisfied that those procedures offer an assurance

of conformity with applicable technical regulations or standards equivalent to their own procedures.

It is recognized that prior consultations may be necessary in order to arrive at a mutually satisfactory

understanding regarding, in particular:

6.1.1 adequate and enduring technical competence of the relevant conformity assessment

bodies in the exporting Member, so that confidence in the continued reliability of their

conformity assessment results can exist; in this regard, verified compliance, for instance

through accreditation, with relevant guides or recommendations issued by international

standardizing bodies shall be taken into account as an indication of adequate technical

competence;

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6.1.2 limitation of the acceptance of conformity assessment results to those produced by

designated bodies in the exporting Member.

6.2 Members shall ensure that their conformity assessment procedures permit, as far as practicable,

the implementation of the provisions in paragraph 1.

6.3 Members are encouraged, at the request of other Members, to be willing to enter into negotiations

for the conclusion of agreements for the mutual recognition of results of each other's conformity

assessment procedures. Members may require that such agreements fulfil the criteria of paragraph 1

and give mutual satisfaction regarding their potential for facilitating trade in the products concerned.

6.4 Members are encouraged to permit participation of conformity assessment bodies located in

the territories of other Members in their conformity assessment procedures under conditions no less

favourable than those accorded to bodies located within their territory or the territory of any other country.

Article 7

Procedures for Assessment of Conformity by Local Government Bodies

With respect to their local government bodies within their territories:

7.1 Members shall take such reasonable measures as may be available to them to ensure compliance

by such bodies with the provisions of Articles 5 and 6, with the exception of the obligation to notify

as referred to in paragraphs 6.2 and 7.1 of Article 5.

7.2 Members shall ensure that the conformity assessment procedures of local governments on the

level directly below that of the central government in Members are notified in accordance with the

provisions of paragraphs 6.2 and 7.1 of Article 5, noting that notifications shall not be required for

conformity assessment procedures the technical content of which is substantially the same as that of

previously notified conformity assessment procedures of central government bodies of the Members

concerned.

7.3 Members may require contact with other Members, including the notifications, provision of

information, comments and discussions referred to in paragraphs 6 and 7 of Article 5, to take place

through the central government.

7.4 Members shall not take measures which require or encourage local government bodies within

their territories to act in a manner inconsistent with the provisions of Articles 5 and 6.

7.5 Members are fully responsible under this Agreement for the observance of all provisions of

Articles 5 and 6. Members shall formulate and implement positive measures and mechanisms in support

of the observance of the provisions of Articles 5 and 6 by other than central government bodies.

Article 8

Procedures for Assessment of Conformity by Non-Governmental Bodies

8.1 Members shall take such reasonable measures as may be available to them to ensure that nongovernmental

bodies within their territories which operate conformity assessment procedures comply

with the provisions of Articles 5 and 6, with the exception of the obligation to notify proposed conformity

assessment procedures. In addition, Members shall not take measures which have the effect of, directly

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or indirectly, requiring or encouraging such bodies to act in a manner inconsistent with the provisions

of Articles 5 and 6.

8.2 Members shall ensure that their central government bodies rely on conformity assessment

procedures operated by non-governmental bodies only if these latter bodies comply with the provisions

of Articles 5 and 6, with the exception of the obligation to notify proposed conformity assessment

procedures.

Article 9

International and Regional Systems

9.1 Where a positive assurance of conformity with a technical regulation or standard is required,

Members shall, wherever practicable, formulate and adopt international systems for conformity assessment

and become members thereof or participate therein.

9.2 Members shall take such reasonable measures as may be available to them to ensure that

international and regional systems for conformity assessment in which relevant bodies within their

territories are members or participants comply with the provisions of Articles 5 and 6. In addition,

Members shall not take any measures which have the effect of, directly or indirectly, requiring or

encouraging such systems to act in a manner inconsistent with any of the provisions of Articles 5 and 6.

9.3 Members shall ensure that their central government bodies rely on international or regional

conformity assessment systems only to the extent that these systems comply with the provisions of

Articles 5 and 6, as applicable.

INFORMATION AND ASSISTANCE

Article 10

Information About Technical Regulations, Standards and

Conformity Assessment Procedures

10.1 Each Member shall ensure that an enquiry point exists which is able to answer all reasonable

enquiries from other Members and interested parties in other Members as well as to provide the relevant

documents regarding:

10.1.1 any technical regulations adopted or proposed within its territory by central or local

government bodies, by non-governmental bodies which have legal power to enforce

a technical regulation, or by regional standardizing bodies of which such bodies are

members or participants;

10.1.2 any standards adopted or proposed within its territory by central or local government

bodies, or by regional standardizing bodies of which such bodies are members or

participants;

10.1.3 any conformity assessment procedures, or proposed conformity assessment procedures,

which are operated within its territory by central or local government bodies, or by

non-governmental bodies which have legal power to enforce a technical regulation,

or by regional bodies of which such bodies are members or participants;

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10.1.4 the membership and participation of the Member, or of relevant central or local

government bodies within its territory, in international and regional standardizing bodies

and conformity assessment systems, as well as in bilateral and multilateral arrangements

within the scope of this Agreement; it shall also be able to provide reasonable

information on the provisions of such systems and arrangements;

10.1.5 the location of notices published pursuant to this Agreement, or the provision of

information as to where such information can be obtained; and

10.1.6 the location of the enquiry points mentioned in paragraph 3.

10.2 If, however, for legal or administrative reasons more than one enquiry point is established by

a Member, that Member shall provide to the other Members complete and unambiguous information

on the scope of responsibility of each of these enquiry points. In addition, that Member shall ensure

that any enquiries addressed to an incorrect enquiry point shall promptly be conveyed to the correct

enquiry point.

10.3 Each Member shall take such reasonable measures as may be available to it to ensure that one

or more enquiry points exist which are able to answer all reasonable enquiries from other Members

and interested parties in other Members as well as to provide the relevant documents or information

as to where they can be obtained regarding:

10.3.1 any standards adopted or proposed within its territory by non-governmental standardizing

bodies, or by regional standardizing bodies of which such bodies are members or

participants; and

10.3.2 any conformity assessment procedures, or proposed conformity assessment procedures,

which are operated within its territory by non-governmental bodies, or by regional bodies

of which such bodies are members or participants;

10.3.3 the membership and participation of relevant non-governmental bodies within its territory

in international and regional standardizing bodies and conformity assessment systems,

as well as in bilateral and multilateral arrangements within the scope of this Agreement;

they shall also be able to provide reasonable information on the provisions of such

systems and arrangements.

10.4 Members shall take such reasonable measures as may be available to them to ensure that where

copies of documents are requested by other Members or by interested parties in other Members, in

accordance with the provisions of this Agreement, they are supplied at an equitable price (if any) which

shall, apart from the real cost of delivery, be the same for the nationals1 of the Member concerned or

of any other Member.

10.5 Developed country Members shall, if requested by other Members, provide, in English, French

or Spanish, translations of the documents covered by a specific notification or, in case of voluminous

documents, of summaries of such documents.

10.6 The Secretariat shall, when it receives notifications in accordance with the provisions of this

Agreement, circulate copies of the notifications to all Members and interested international standardizing

1"Nationals" here shall be deemed, in the case of a separate customs territory Member of the WTO, to mean persons,

natural or legal, who are domiciled or who have a real and effective industrial or commercial establishment in that customs

territory.

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and conformity assessment bodies, and draw the attention of developing country Members to any

notifications relating to products of particular interest to them.

10.7 Whenever a Member has reached an agreement with any other country or countries on issues

related to technical regulations, standards or conformity assessment procedures which may have a

significant effect on trade, at least one Member party to the agreement shall notify other Members through

the Secretariat of the products to be covered by the agreement and include a brief description of the

agreement. Members concerned are encouraged to enter, upon request, into consultations with other

Members for the purposes of concluding similar agreements or of arranging for their participation in

such agreements.

10.8 Nothing in this Agreement shall be construed as requiring:

10.8.1 the publication of texts other than in the language of the Member;

10.8.2 the provision of particulars or copies of drafts other than in the language of the Member

except as stated in paragraph 5; or

10.8.3 Members to furnish any information, the disclosure of which they consider contrary

to their essential security interests.

10.9 Notifications to the Secretariat shall be in English, French or Spanish.

10.10 Members shall designate a single central government authority that is responsible for the

implementation on the national level of the provisions concerning notification procedures under this

Agreement except those included in Annex 3.

10.11 If, however, for legal or administrative reasons the responsibility for notification procedures

is divided among two or more central government authorities, the Member concerned shall provide

to the other Members complete and unambiguous information on the scope of responsibility of each

of these authorities.

Article 11

Technical Assistance to Other Members

11.1 Members shall, if requested, advise other Members, especially the developing country Members,

on the preparation of technical regulations.

11.2 Members shall, if requested, advise other Members, especially the developing country Members,

and shall grant them technical assistance on mutually agreed terms and conditions regarding the

establishment of national standardizing bodies, and participation in the international standardizing bodies,

and shall encourage their national standardizing bodies to do likewise.

11.3 Members shall, if requested, take such reasonable measures as may be available to them to

arrange for the regulatory bodies within their territories to advise other Members, especially the

developing country Members, and shall grant them technical assistance on mutually agreed terms and

conditions regarding:

11.3.1 the establishment of regulatory bodies, or bodies for the assessment of conformity with

technical regulations; and

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11.3.2 the methods by which their technical regulations can best be met.

11.4 Members shall, if requested, take such reasonable measures as may be available to them to

arrange for advice to be given to other Members, especially the developing country Members, and shall

grant them technical assistance on mutually agreed terms and conditions regarding the establishment

of bodies for the assessment of conformity with standards adopted within the territory of the requesting

Member.

11.5 Members shall, if requested, advise other Members, especially the developing country Members,

and shall grant them technical assistance on mutually agreed terms and conditions regarding the steps

that should be taken by their producers if they wish to have access to systems for conformity assessment

operated by governmental or non-governmental bodies within the territory of the Member receiving

the request.

11.6 Members which are members or participants of international or regional systems for conformity

assessment shall, if requested, advise other Members, especially the developing country Members, and

shall grant them technical assistance on mutually agreed terms and conditions regarding the establishment

of the institutions and legal framework which would enable them to fulfil the obligations of membership

or participation in such systems.

11.7 Members shall, if so requested, encourage bodies within their territories which are members

or participants of international or regional systems for conformity assessment to advise other Members,

especially the developing country Members, and should consider requests for technical assistance from

them regarding the establishment of the institutions which would enable the relevant bodies within their

territories to fulfil the obligations of membership or participation.

11.8 In providing advice and technical assistance to other Members in terms of paragraphs 1 to 7,

Members shall give priority to the needs of the least-developed country Members.

Article 12

Special and Differential Treatment of Developing Country Members

12.1 Members shall provide differential and more favourable treatment to developing country Members

to this Agreement, through the following provisions as well as through the relevant provisions of other

Articles of this Agreement.

12.2 Members shall give particular attention to the provisions of this Agreement concerning developing

country Members' rights and obligations and shall take into account the special development, financial

and trade needs of developing country Members in the implementation of this Agreement, both nationally

and in the operation of this Agreement's institutional arrangements.

12.3 Members shall, in the preparation and application of technical regulations, standards and

conformity assessment procedures, take account of the special development, financial and trade needs

of developing country Members, with a view to ensuring that such technical regulations, standards and

conformity assessment procedures do not create unnecessary obstacles to exports from developing country

Members.

12.4 Members recognize that, although international standards, guides or recommendations may exist,

in their particular technological and socio-economic conditions, developing country Members adopt

certain technical regulations, standards or conformity assessment procedures aimed at preserving

indigenous technology and production methods and processes compatible with their development needs.

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Members therefore recognize that developing country Members should not be expected to use international

standards as a basis for their technical regulations or standards, including test methods, which are not

appropriate to their development, financial and trade needs.

12.5 Members shall take such reasonable measures as may be available to them to ensure that

international standardizing bodies and international systems for conformity assessment are organized

and operated in a way which facilitates active and representative participation of relevant bodies in

all Members, taking into account the special problems of developing country Members.

12.6 Members shall take such reasonable measures as may be available to them to ensure that

international standardizing bodies, upon request of developing country Members, examine the possibility

of, and, if practicable, prepare international standards concerning products of special interest to developing

country Members.

12.7 Members shall, in accordance with the provisions of Article 11, provide technical assistance

to developing country Members to ensure that the preparation and application of technical regulations,

standards and conformity assessment procedures do not create unnecessary obstacles to the expansion

and diversification of exports from developing country Members. In determining the terms and conditions

of the technical assistance, account shall be taken of the stage of development of the requesting Members

and in particular of the least-developed country Members.

12.8 It is recognized that developing country Members may face special problems, including

institutional and infrastructural problems, in the field of preparation and application of technical

regulations, standards and conformity assessment procedures. It is further recognized that the special

development and trade needs of developing country Members, as well as their stage of technological

development, may hinder their ability to discharge fully their obligations under this Agreement. Members,

therefore, shall take this fact fully into account. Accordingly, with a view to ensuring that developing

country Members are able to comply with this Agreement, the Committee on Technical Barriers to

Trade provided for in Article 13 (referred to in this Agreement as the "Committee") is enabled to grant,

upon request, specified, time-limited exceptions in whole or in part from obligations under this Agreement.

When considering such requests the Committee shall take into account the special problems, in the

field of preparation and application of technical regulations, standards and conformity assessment

procedures, and the special development and trade needs of the developing country Member, as well

as its stage of technological development, which may hinder its ability to discharge fully its obligations

under this Agreement. The Committee shall, in particular, take into account the special problems of

the least-developed country Members.

12.9 During consultations, developed country Members shall bear in mind the special difficulties

experienced by developing country Members in formulating and implementing standards and technical

regulations and conformity assessment procedures, and in their desire to assist developing country

Members with their efforts in this direction, developed country Members shall take account of the special

needs of the former in regard to financing, trade and development.

12.10 The Committee shall examine periodically the special and differential treatment, as laid down

in this Agreement, granted to developing country Members on national and international levels.

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INSTITUTIONS, CONSULTATION AND DISPUTE SETTLEMENT

Article 13

The Committee on Technical Barriers to Trade

13.1 A Committee on Technical Barriers to Trade is hereby established, and shall be composed of

representatives from each of the Members. The Committee shall elect its own Chairman and shall meet

as necessary, but no less than once a year, for the purpose of affording Members the opportunity of

consulting on any matters relating to the operation of this Agreement or the furtherance of its objectives,

and shall carry out such responsibilities as assigned to it under this Agreement or by the Members.

13.2 The Committee shall establish working parties or other bodies as may be appropriate, which

shall carry out such responsibilities as may be assigned to them by the Committee in accordance with

the relevant provisions of this Agreement.

13.3 It is understood that unnecessary duplication should be avoided between the work under this

Agreement and that of governments in other technical bodies. The Committee shall examine this problem

with a view to minimizing such duplication.

Article 14

Consultation and Dispute Settlement

14.1 Consultations and the settlement of disputes with respect to any matter affecting the operation

of this Agreement shall take place under the auspices of the Dispute Settlement Body and shall follow,

mutatis mutandis, the provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied

by the Dispute Settlement Understanding.

14.2 At the request of a party to a dispute, or at its own initiative, a panel may establish a technical

expert group to assist in questions of a technical nature, requiring detailed consideration by experts.

14.3 Technical expert groups shall be governed by the procedures of Annex 2.

14.4 The dispute settlement provisions set out above can be invoked in cases where a Member

considers that another Member has not achieved satisfactory results under Articles 3, 4, 7, 8 and 9 and

its trade interests are significantly affected. In this respect, such results shall be equivalent to those

as if the body in question were a Member.

FINAL PROVISIONS

Article 15

Final Provisions

Reservations

15.1 Reservations may not be entered in respect of any of the provisions of this Agreement without

the consent of the other Members.

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Review

15.2 Each Member shall, promptly after the date on which the WTO Agreement enters into force

for it, inform the Committee of measures in existence or taken to ensure the implementation and

administration of this Agreement. Any changes of such measures thereafter shall also be notified to

the Committee.

15.3 The Committee shall review annually the implementation and operation of this Agreement taking

into account the objectives thereof.

15.4 Not later than the end of the third year from the date of entry into force of the WTO Agreement

and at the end of each three-year period thereafter, the Committee shall review the operation and

implementation of this Agreement, including the provisions relating to transparency, with a view to

recommending an adjustment of the rights and obligations of this Agreement where necessary to ensure

mutual economic advantage and balance of rights and obligations, without prejudice to the provisions

of Article 12. Having regard, inter alia, to the experience gained in the implementation of the Agreement,

the Committee shall, where appropriate, submit proposals for amendments to the text of this Agreement

to the Council for Trade in Goods.

Annexes

15.5 The annexes to this Agreement constitute an integral part thereof.

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ANNEX 1

TERMS AND THEIR DEFINITIONS FOR THE

PURPOSE OF THIS AGREEMENT

The terms presented in the sixth edition of the ISO/IEC Guide 2: 1991, General Terms and

Their Definitions Concerning Standardization and Related Activities, shall, when used in this Agreement,

have the same meaning as given in the definitions in the said Guide taking into account that services

are excluded from the coverage of this Agreement.

For the purpose of this Agreement, however, the following definitions shall apply:

1. Technical regulation

Document which lays down product characteristics or their related processes and production

methods, including the applicable administrative provisions, with which compliance is mandatory. It

may also include or deal exclusively with terminology, symbols, packaging, marking or labelling

requirements as they apply to a product, process or production method.

Explanatory note

The definition in ISO/IEC Guide 2 is not self-contained, but based on the so-called "building

block" system.

2. Standard

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. It may also include or deal exclusively with terminology, symbols,

packaging, marking or labelling requirements as they apply to a product, process or production method.

Explanatory note

The terms as defined in ISO/IEC Guide 2 cover products, processes and services. This

Agreement deals only with technical regulations, standards and conformity assessment procedures

related to products or processes and production methods. Standards as defined by ISO/IEC

Guide 2 may be mandatory or voluntary. For the purpose of this Agreement standards are

defined as voluntary and technical regulations as mandatory documents. Standards prepared

by the international standardization community are based on consensus. This Agreement covers

also documents that are not based on consensus.

3. Conformity assessment procedures

Any procedure used, directly or indirectly, to determine that relevant requirements in technical

regulations or standards are fulfilled.

Explanatory note

Conformity assessment procedures include, inter alia, procedures for sampling, testing and

inspection; evaluation, verification and assurance of conformity; registration, accreditation

and approval as well as their combinations.

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4. International body or system

Body or system whose membership is open to the relevant bodies of at least all Members.

5. Regional body or system

Body or system whose membership is open to the relevant bodies of only some of the Members.

6. Central government body

Central government, its ministries and departments or any body subject to the control of the

central government in respect of the activity in question.

Explanatory note:

In the case of the European Communities the provisions governing central government bodies

apply. However, regional bodies or conformity assessment systems may be established within

the European Communities, and in such cases would be subject to the provisions of this

Agreement on regional bodies or conformity assessment systems.

7. Local government body

Government other than a central government (e.g. states, provinces, Länder, cantons,

municipalities, etc.), its ministries or departments or any body subject to the control of such a government

in respect of the activity in question.

8. Non-governmental body

Body other than a central government body or a local government body, including a nongovernmental

body which has legal power to enforce a technical regulation.

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ANNEX 2

TECHNICAL EXPERT GROUPS

The following procedures shall apply to technical expert groups established in accordance with

the provisions of Article 14.

1. Technical expert groups are under the panel's authority. Their terms of reference and detailed

working procedures shall be decided by the panel, and they shall report to the panel.

2. Participation in technical expert groups shall be restricted to persons of professional standing

and experience in the field in question.

3. Citizens of parties to the dispute shall not serve on a technical expert group without the joint

agreement of the parties to the dispute, except in exceptional circumstances when the panel considers

that the need for specialized scientific expertise cannot be fulfilled otherwise. Government officials

of parties to the dispute shall not serve on a technical expert group. Members of technical expert groups

shall serve in their individual capacities and not as government representatives, nor as representatives

of any organization. Governments or organizations shall therefore not give them instructions with regard

to matters before a technical expert group.

4. Technical expert groups may consult and seek information and technical advice from any source

they deem appropriate. Before a technical expert group seeks such information or advice from a source

within the jurisdiction of a Member, it shall inform the government of that Member. Any Member

shall respond promptly and fully to any request by a technical expert group for such information as

the technical expert group considers necessary and appropriate.

5. The parties to a dispute shall have access to all relevant information provided to a technical

expert group, unless it is of a confidential nature. Confidential information provided to the technical

expert group shall not be released without formal authorization from the government, organization or

person providing the information. Where such information is requested from the technical expert group

but release of such information by the technical expert group is not authorized, a non-confidential

summary of the information will be provided by the government, organization or person supplying the

information.

6. The technical expert group shall submit a draft report to the Members concerned with a view

to obtaining their comments, and taking them into account, as appropriate, in the final report, which

shall also be circulated to the Members concerned when it is submitted to the panel.

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ANNEX 3

CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND

APPLICATION OF STANDARDS

General Provisions

A. For the purposes of this Code the definitions in Annex 1 of this Agreement shall apply.

B. This Code is open to acceptance by any standardizing body within the territory of a Member

of the WTO, whether a central government body, a local government body, or a non-governmental

body; to any governmental regional standardizing body one or more members of which are Members

of the WTO; and to any non-governmental regional standardizing body one or more members of which

are situated within the territory of a Member of the WTO (referred to in this Code collectively as

"standardizing bodies" and individually as "the standardizing body").

C. Standardizing bodies that have accepted or withdrawn from this Code shall notify this fact to

the ISO/IEC Information Centre in Geneva. The notification shall include the name and address of

the body concerned and the scope of its current and expected standardization activities. The notification

may be sent either directly to the ISO/IEC Information Centre, or through the national member body

of ISO/IEC or, preferably, through the relevant national member or international affiliate of ISONET,

as appropriate.

SUBSTANTIVE PROVISIONS

D. In respect of standards, the standardizing body shall accord treatment to products originating

in the territory of any other Member of the WTO no less favourable than that accorded to like products

of national origin and to like products originating in any other country.

E. The standardizing body shall ensure that standards are not prepared, adopted or applied with

a view to, or with the effect of, creating unnecessary obstacles to international trade.

F. Where international standards exist or their completion is imminent, the standardizing body

shall use them, or the relevant parts of them, as a basis for the standards it develops, except where

such international standards or relevant parts would be ineffective or inappropriate, for instance, because

of an insufficient level of protection or fundamental climatic or geographical factors or fundamental

technological problems.

G. With a view to harmonizing standards on as wide a basis as possible, the standardizing body

shall, in an appropriate way, play a full part, within the limits of its resources, in the preparation by

relevant international standardizing bodies of international standards regarding subject matter for which

it either has adopted, or expects to adopt, standards. For standardizing bodies within the territory of

a Member, participation in a particular international standardization activity shall, whenever possible,

take place through one delegation representing all standardizing bodies in the territory that have adopted,

or expect to adopt, standards for the subject matter to which the international standardization activity

relates.

H. The standardizing body within the territory of a Member shall make every effort to avoid

duplication of, or overlap with, the work of other standardizing bodies in the national territory or with

the work of relevant international or regional standardizing bodies. They shall also make every effort

to achieve a national consensus on the standards they develop. Likewise the regional standardizing

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body shall make every effort to avoid duplication of, or overlap with, the work of relevant international

standardizing bodies.

I. Wherever appropriate, the standardizing body shall specify standards based on product

requirements in terms of performance rather than design or descriptive characteristics.

J. At least once every six months, the standardizing body shall publish a work programme containing

its name and address, the standards it is currently preparing and the standards which it has adopted

in the preceding period. A standard is under preparation from the moment a decision has been taken

to develop a standard until that standard has been adopted. The titles of specific draft standards shall,

upon request, be provided in English, French or Spanish. A notice of the existence of the work

programme shall be published in a national or, as the case may be, regional publication of standardization

activities.

The work programme shall for each standard indicate, in accordance with any ISONET rules,

the classification relevant to the subject matter, the stage attained in the standard's development, and

the references of any international standards taken as a basis. No later than at the time of publication

of its work programme, the standardizing body shall notify the existence thereof to the ISO/IEC

Information Centre in Geneva.

The notification shall contain the name and address of the standardizing body, the name and

issue of the publication in which the work programme is published, the period to which the work

programme applies, its price (if any), and how and where it can be obtained. The notification may

be sent directly to the ISO/IEC Information Centre, or, preferably, through the relevant national member

or international affiliate of ISONET, as appropriate.

K. The national member of ISO/IEC shall make every effort to become a member of ISONET

or to appoint another body to become a member as well as to acquire the most advanced membership

type possible for the ISONET member. Other standardizing bodies shall make every effort to associate

themselves with the ISONET member.

L. Before adopting a standard, the standardizing body shall allow a period of at least 60 days for

the submission of comments on the draft standard by interested parties within the territory of a Member

of the WTO. This period may, however, be shortened in cases where urgent problems of safety, health

or environment arise or threaten to arise. No later than at the start of the comment period, the

standardizing body shall publish a notice announcing the period for commenting in the publication referred

to in paragraph J. Such notification shall include, as far as practicable, whether the draft standard deviates

from relevant international standards.

M. On the request of any interested party within the territory of a Member of the WTO, the

standardizing body shall promptly provide, or arrange to provide, a copy of a draft standard which it

has submitted for comments. Any fees charged for this service shall, apart from the real cost of delivery,

be the same for foreign and domestic parties.

N. The standardizing body shall take into account, in the further processing of the standard, the

comments received during the period for commenting. Comments received through standardizing bodies

that have accepted this Code of Good Practice shall, if so requested, be replied to as promptly as possible.

The reply shall include an explanation why a deviation from relevant international standards is necessary.

O. Once the standard has been adopted, it shall be promptly published.

P. On the request of any interested party within the territory of a Member of the WTO, the

standardizing body shall promptly provide, or arrange to provide, a copy of its most recent work

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programme or of a standard which it produced. Any fees charged for this service shall, apart from

the real cost of delivery, be the same for foreign and domestic parties.

Q. The standardizing body shall afford sympathetic consideration to, and adequate opportunity

for, consultation regarding representations with respect to the operation of this Code presented by

standardizing bodies that have accepted this Code of Good Practice. It shall make an objective effort

to solve any complaints.