Article 10 Tbt Agreement

6.3 Members are encouraged, at the request of other Members, to be ready to enter into negotiations with a view to concluding mutual recognition agreements on the results of mutual conformity assessment procedures. Members may require that such agreements meet the criteria set out in paragraph 1 and ensure to each other that they can facilitate trade in the products concerned. 3. Citizens of the parties to the dispute may not be active in a group of technical experts without the joint consent of the parties to the dispute, unless the panel considers that the need for specialized scientific expertise cannot be met by other means. Officials of the parties to the dispute may not act in a group of technical experts. Members of technical expert panels serve in their individual capacity and not as representatives of the government or an organization. Governments or organizations cannot therefore give them instructions on matters submitted to a group of technical experts. 10.7 If a Member has reached agreement with one or more other countries on matters relating to technical regulations, standards or conformity assessment procedures that may have a significant impact on trade, at least one Party Member to the Agreement shall notify the other Members, through the Secretariat, of the products covered by the Agreement and attach a brief description of the Agreement. The members concerned are invited to enter into consultations with other members upon request in order to conclude similar agreements or to organize their participation in such agreements.

. 2.10.1. inform other Members without delay, through the Secretariat, of the specific technical regulation and the products concerned, briefly indicating the purpose and reasons for the technical regulation, including the nature of the urgent problems; 2.2 Members shall ensure that technical regulations are not developed, adopted or applied with the aim or effect of creating unnecessary obstacles to international trade. To that end, technical regulations shall not be more restrictive on trade than would be necessary to achieve a legitimate objective, taking into account the risks that non-compliance would entail. These legitimate objectives include: national security requirements; prevention of deceptive practices; Protection of human health or safety, animal or plant life or health or the environment. The risk assessment shall take into account, inter alia, the following relevant elements: available scientific and technical information, related processing technologies or the intended end-uses of the products. 2.5 A Member preparing, adopting or applying a Technical Regulation that may have a significant impact on the trade of other Members shall, at the request of another Member, explain the rationale for that Technical Regulation with respect to paragraphs 2 to 4. Where a technical regulation is developed, adopted or applied for one of the legitimate purposes expressly referred to in paragraph 2 and complies with relevant international standards, it shall be considered in a rebuttable manner not to constitute an unnecessary obstacle to international trade. G. With a view to harmonizing standards as far as possible, the standardisation body shall participate fully, within its capabilities, in the development of international standards by the international standardisation bodies competent in respect of the subject matter for which it has adopted or intends to adopt standards.

For standardization bodies located in the territory of a Member, participation in a given international standardization activity shall, to the extent possible, take place through a delegation representing all standardization bodies in the territory that have adopted or intend to adopt standards for the purpose to which the international standardization activity relates. H. The standard-setting body located in the territory of a Member shall make every effort to avoid duplication or overlap with the work of other national standard-setting bodies or with the work of the relevant international or regional standard-setting bodies. They are also making every effort to reach a national consensus on the standards they have developed. Similarly, the regional standards body shall make every effort to avoid duplication or overlap with the work of the relevant international standard-setting bodies. 6.4 Members are invited to allow the participation of conformity assessment bodies established in the territory of other Members in their conformity assessment procedures under conditions no less favourable than those accorded to bodies established in their territory or in the territory of another country. 3.4 Members shall not take any action that obliges or encourages local authorities or non-governmental bodies in their territory to act in a manner inconsistent with Article 2. .

1.5 The provisions of this Agreement shall not apply to sanitary and phytosanitary measures as defined in Annex A to the Convention on the Application of Sanitary and Phytosanitary Measures. Desiring, therefore, to promote the development of such international standards and conformity assessment systems, Article 2.10.2 makes copies of technical regulations available to other Members upon request; C. Standards bodies that have adopted or withdrawn this Code shall inform the ISO/IEC Information Centre in Geneva. The notification shall include the name and address of the body concerned and the scope of its ongoing and planned standardisation 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 respective national member or international subsidiary of ISONET. 10.8.3 make available to Members whose disclosure they deem contrary to their essential security interests. 6.2 Members shall ensure that their conformity assessment procedures allow, to the extent possible, the implementation of the provisions of paragraph 1. 5.2.6 The choice of the location of equipment used for conformity assessment procedures and sample selection shall not be such as to cause unnecessary inconvenience to applicants or their agents; Recognizing that developing countries may encounter particular difficulties in the preparation and implementation of technical regulations, standards and procedures for assessing compliance with technical regulations and standards, and desiring to assist them in their efforts in this regard, (4) technical expert groups may receive information and technical advice from any source they deem appropriate, consult and obtain. Before obtaining such information or advice from a source within the competence of a Member, a group of technical experts shall inform the Government of that Member […].

Posted Under
Sin categoría