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 华东地接
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
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 s
pecial 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.
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 fundamen
tal 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
钱的英文create an unnecessary obstacle to international
trade.
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 山水诗
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 discr
imination, 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.
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
开车教程视频Members, to adapt their products or methods of
人事主管岗位职责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
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