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. 12.7 Members shall provide technical assistance to developing country Members in accordance with Article 11 to ensure that the development and application of technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to the expansion and diversification of exports from developing countries. In determining the terms and conditions of technical assistance, account shall be taken of the level of development of the requesting Members, in particular the least developed countries. Article 10.7 requires a Member that has concluded an 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 with other Members through the WTO Secretariat of products covered by the Agreement and provide a brief description of the Agreement. Technical barriers to trade generally result from the development, adoption and application of various technical regulations and conformity assessment procedures. If a manufacturer from country A wishes to export to country B, it is required to comply with the technical requirements applicable in country B with all the associated financial consequences. Differences between countries in their technical regulations and conformity assessment procedures may have legitimate origins, such as.

B, differences in local taste or income level, as well as geographical or other factors. For example, countries with earthquake-prone areas may have stricter requirements for construction products; other people facing serious air pollution problems may want to impose less tolerable amounts of car emissions. High per capita income in relatively wealthy countries leads to increased demand for safe, high-quality products. Technical regulations and standards specify the specific characteristics of a product, such as size, shape, design, functions and performance, or how it is labelled or packaged before it is sold. In some cases, the way a product is manufactured may affect these properties, and it may then be more appropriate to design technical regulations and standards with respect to the process and methods of production of a product rather than its properties per se. The TBT Agreement takes both approaches into account when defining technical regulations and standards (Annex 1). In recent years, the number of technical regulations and standards adopted by the Länder has increased considerably. The strengthening of regulatory policies can be seen as the result of improved global living standards, which have increased consumer demand for safe and high-quality products, and growing problems of water, air and soil pollution that have encouraged modern societies to explore environmentally friendly products.

2.11 Members shall ensure that all adopted technical regulations are published without delay or otherwise made available in a manner that allows interested parties of other Members to become familiar with them. 12.3 In developing and applying technical regulations, standards and conformity assessment procedures, Members shall take into account the specific development, financial and trade needs of developing countries in order to ensure that such technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to exports from developing countries. The Recipient agrees to comply with all applicable export laws and regulations and may not export, re-export, resell, transfer or disclose, directly or indirectly, any product or technical data obtained from the other or their direct products to any designated person, entity or country or their foreign nationals, unless required by the U.S. Government and any other competent governmental or regulatory authority. duly approved. In addition to the notification requirement, each WTO Member must set up a national enquiry point. It serves as a point of contact when other WTO Members may request and receive information and documentation on future or adopted technical regulations, standards and test procedures by a Member, as well as on participation in bilateral or plurilateral agreements on standards, regional standards bodies and conformity assessment systems (Article 10). Information centres are generally government agencies, but the corresponding functions can also be assigned to private bodies. The obligation to set up enquiry points is particularly important for developing countries. On the one hand, this is the first step taken by a developing country member to implement the TBT Agreement. On the other hand, developing countries may obtain information from the enquiry points of other Members on foreign regulations and standards that affect products in which they have a commercial interest.

11.3.2 the methods by which their technical regulations can best be complied with. While it is difficult to provide an accurate estimate of the impact on international trade of the need to comply with various foreign regulations and technical standards, it certainly entails significant costs for manufacturers and exporters. In general, these costs arise from translating foreign regulations, hiring technical experts to explain foreign regulations, and adapting production facilities to requirements. In addition, it must be proven that the exported product complies with foreign regulations. The high costs involved can discourage manufacturers from selling abroad. In the absence of international disciplines, there is a risk that technical regulations and standards will be adopted and applied exclusively for the protection of the domestic industry. Members shall notify where two conditions apply: (1) where there is no relevant international standard, guide or recommendation, or where the technical content of a proposed or adopted technical regulation or technical process is not consistent with the technical content of relevant international standards or recommendation guides; and (2) where the technical regulation or conformity assessment procedure may have a significant impact on the trade of other Members (Articles 2.9 and 5.6). Draft regulations should be notified to the WTO Secretariat as far as possible sixty days before their formal adoption, so that other Members have time to comment.

Regulations may also be notified ex post in the event of urgent safety, health and environmental problems (Articles 2.10 and 5.7). Local authorities located at the level directly below the central government are required to notify technical regulations and conformity assessment procedures that have not previously been notified by their central government authorities (Articles 3(2) and 7(2)). Neither party to this Agreement acquires any intellectual property rights or licenses under any trademarks, trade secrets, copyrights or patents; mask works right or other intellectual property rights. Neither party will identify the other party or use the other party`s name, trademark, logo or acronym in press releases, advertising, sales materials, public disclosures or advertising without prior written permission. 5.1 Members shall ensure that, where positive reliability of compliance with technical regulations or standards is required, their central government bodies shall apply the following provisions to products originating in the territory of other Members: As explained in the previous section, demonstration of compliance with technical regulations may impede international trade. Especially if the products are to be exported to multiple markets, several tests may be necessary. Manufacturers may find it difficult to get their products approved in foreign markets, for example because testing experts disagree on the best testing procedures, bureaucratic inertia or even manipulation of the testing process by protectionist groups. Whatever the reason, such a variety of procedures and methods significantly increases the costs of manufacturers who sell in multiple markets….