Tbt Agreement Scope
The scope of the OBT is the material scope (what measures to take), the personal scope (to which the measures apply) and the scope of the measures over time. Appendix 1.1 states that the technical rules apply to “product characteristics or associated production processes and methods,” which means that this does not apply to the PNPRP. However, in Appendix 1.1 and 1.2, the second sentence, the word “linked” is omitted, indicating that technical requirements may apply to labelling. Some academics argue that the second sentence is read in the context of the first sentence and should therefore be tightened.  The TBT agreement can be divided into five parts. The first part defines the scope of the agreement, which does not include “industrial and agricultural products” but not sanitary and plant health measures. The second part outlines the obligations and principles of technical rules. The third part deals with compliance and compliance assessment. The fourth part deals with information and assistance, including the obligation for nations to help each other in the development of technical provisions. Finally, the fifth part provides for the creation of the Technical Barriers to Trade Committee and sets out dispute resolution procedures. The Panel in Tuna-Dolphin GATT (I and II) did not clarify this issue, but found in this case that safe identification of dolphins was a technical regulation because of the second sentence. Therefore, it can be assumed that the labelling of NPRP-PPM products is now within the scope of technical rules.  In accordance with Article 1, this agreement applies to all industrial and agricultural products, with the exception of services, health and plant health measures (as defined in the agreement on the application of sanitary and plant health measures) and “purchase specifications established by public authorities for the production or consumption needs of public administrations” (Article 1.4).
 The CTA ensures that technical regulations, standards, testing and certification procedures do not create unnecessary trade barriers. The agreement prohibits technical requirements that are created to restrict trade, contrary to technical requirements created for legitimate purposes, such as consumer or environmental protection.  Its objective is to avoid unnecessary barriers to international trade and to recognize all WTO members in order to protect legitimate interests on the basis of their regulatory autonomy, although they encourage the application of international standards. The list of legitimate interests that may justify a trade restriction is not exhaustive and covers the protection of the environment, health and safety of people and animals.  The standards are based on section 4 TBT and codes of good practice. In accordance with Article 14.1, disputes relating to the OBT agreement must be resolved by the dispute resolution body in accordance with Articles XXII and XXIII of the GATT. This requires the parties to follow the same consultation process as for the issues raised by the GATT and to simultaneously resolve disputes related to issues arising from both the OBT agreement and the GATT. However, very few cases of the OBT agreement were submitted to the panel. The committee is responsible for conducting an annual review of activities related to the implementation and implementation of the OBT agreement, including notifications, specific trade issues, technical assistance activities and OBT litigation. The last annual report was distributed in February 2020. Members must ensure that technical rules and standards do not provide less favourable treatments to imported products than those given to stable domestic products or produced in another country, as defined in Article 2.1 and Annex 3.D. This principle also applies to compliance assessment procedures which “must allow suppliers of similar products originating in the territories of other Members to have access to conditions that are no less favourable than those granted to ovens