Introduction

The Agreement on Technical Barriers to Trade (TBT Agreement) sets out rules to be observed by WTO members in their administration of technical regulations and standards, as well as conformity assessment procedures. Under the TBT Agreement, technical regulation is defined as a ‘document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory’. The Agreement further notes that technical regulations ‘may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method’.

The TBT Agreement defines a product or process standard as a ‘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’. As in the case of technical regulations, the Agreement further notes that standards ‘may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method’. Conformity assessment procedures are defined as ‘any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled’. The Agreement further notes that ‘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’.