The World Trade Organization (WTO) TBT (Technical Barriers to Trade) Agreement aims to facilitate international trade by ensuring that technical regulations, standards, and conformity assessment procedures do not create unnecessary barriers to trade. One of the key elements of the TBT Agreement is the Code of Good Practice, which sets out principles and guidelines for the development, adoption, and application of technical regulations and standards.
The Code of Good Practice provides a framework for WTO members to ensure that their technical regulations and standards are developed and implemented in a manner that is transparent, non-discriminatory, and based on scientific principles. The Code also calls for the use of international standards whenever possible, to avoid creating unnecessary barriers to trade.
The Code of Good Practice consists of several key provisions, including:
1. Transparency – WTO members must notify their technical regulations and standards to the WTO, and provide opportunities for public comment and input.
2. Non-discrimination – Technical regulations and standards must not discriminate against foreign products or services.
3. Proportionality – Technical regulations and standards must be no more trade-restrictive than necessary to achieve their legitimate objectives.
4. Science-based – Technical regulations and standards must be based on scientific principles and evidence.
5. Use of international standards – WTO members are encouraged to use international standards whenever possible, to avoid creating unnecessary barriers to trade.
In addition to these key provisions, the Code of Good Practice also calls for the establishment of national enquiry points to provide information and assistance to WTO members and other interested parties.
By following the principles and guidelines set out in the Code of Good Practice, WTO members can ensure that their technical regulations and standards do not create unnecessary barriers to trade, while still achieving their legitimate objectives. This supports the free flow of goods, services, and technologies across borders, which is essential for economic growth and development.
In conclusion, the WTO TBT Agreement and the Code of Good Practice provide an important framework for ensuring that technical regulations and standards do not create unnecessary barriers to trade. By following these principles and guidelines, WTO members can facilitate international trade while still achieving their legitimate objectives. As such, it is important for all countries to adhere to the principles of the TBT Agreement and the Code of Good Practice, in order to promote a fair and open global trading system.