Shareware Overload Trio 2/Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO/dir33/gatt.zip/GATT2_6.TXT

Text File | 1994-01-11 | 64KB | 1,217 lines

                AGREEMENT ON TECHNICAL BARRIERS TO TRADE


      Having regard to the Multilateral Trade Negotiations,

      Desiring to further the objectives of the GATT 1994;

      Recognizing the important contribution that international standards
and conformity assessment 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 practices, at the levels it considers appropriate,
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 special
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;

       Members 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 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 fundamental 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 of Article 2.
Whenever a technical regulation is prepared, adopted or applied for one of
the legitimate objectives explicitly mentioned in paragraph 2 of Article 2,
and is in accordance with relevant international standards, it shall be
rebuttably presumed not to 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:
      2.9.1publish 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;

      2.9.2notify other Members through the MTO 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;

      2.9.3upon 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;

      2.9.4without 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 Article 2, 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 Article 2, paragraph 9, as it finds
necessary provided that the Member, upon adoption of a technical regulation,
shall:

      2.10.1notify immediately other Members through the MTO Secretariat of
           the particular technical regulation and the products covered,
           with a brief indication of the objective and the rationale of the
           technical regulation, including the nature of the urgent
           problems;
      2.10.2upon request, provide other Members with copies of the technical
           regulation;

      2.10.3without discrimination, 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 Article 2,
paragraph 10, Members shall allow a reasonable interval between the
publication of a technical regulation and its entry into force  in order to
allow time for producers in exporting Members, and particularly in
developing country Members, to adapt their products or methods of 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 Article 2,
paragraphs 9.2 and 10.1, 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 central
government bodies of the Member concerned.

3.3   Members may require contact with other Members, including the
notifications, provision of information, comments and discussions referred
to in paragraphs 9 and 10 of Article 2, to take place through the central
government.

3.4   Members shall not take measures which require or encourage local
government bodies or non-governmental bodies within their territories to act
in a manner inconsistent with the provisions of Article 2.

3.5   Members are fully responsible under this Agreement for the observance
of all provisions of Article 2.  Members shall formulate and implement
positive measures and mechanisms in support of the observance of the
provisions of Article 2 by other than central government bodies.



                                Article 4

                  Preparation, Adoption and Application
                              of Standards

4.1   Members shall ensure that their central government standardizing
bodies accept and comply with the Code of good practice for the preparation,
adoption and application of standards in Annex 3 to this Agreement.  They
shall take such reasonable measures as may be available to them to ensure
that local government and non-governmental standardizing bodies within their
territories as well as regional standardizing bodies of which they or one or
more bodies within their territories are members, accept and comply with
this Code of good practice.  In addition, Members shall not take measures
which have the effect of, directly or indirectly, requiring or encouraging
such standardizing bodies to act in a manner inconsistent with the Code of
good practice in Annex 3.  The obligations of Members with respect to
compliance of standardizing bodies with the provisions of the Code of good
practice shall apply irrespective of whether or not a standardizing body has
accepted the Code of good practice.

4.2   Standardizing bodies that have accepted and are complying with the
Code of good practice in Annex 3 shall be acknowledged by the Members as
complying with the principles of this Agreement.


           CONFORMITY WITH TECHNICAL REGULATIONS AND STANDARDS

                                Article 5

  Procedures for Assessment of Conformity by Central Government Bodies

5.1   Members shall ensure that, in cases where a positive assurance of
conformity with technical regulations or standards is required, their
central government bodies apply the following provisions to products
originating in the territories of other Members:

      5.1.1conformity assessment procedures are prepared, adopted and
           applied so as to grant access for suppliers of like products
           originating in the territories of other Members under conditions
           no less favourable than those accorded to suppliers of like
           products of national origin or originating in any other country,
           in a comparable situation; access entails suppliers' right to an
           assessment of conformity under the rules of the procedure,
           including, when foreseen by this procedure, the possibility to
           have conformity assessment activities undertaken at the site of
           facilities and to receive the mark of the system;

      5.1.2conformity assessment procedures are not prepared, adopted or
           applied with a view to or with the effect of creating unnecessary
           obstacles to international trade.  This means, inter alia, that
           conformity assessment procedures shall not be more strict or be
           applied more strictly than is necessary to give the importing
           Member adequate confidence that products conform with the
           applicable technical regulations or standards, taking account of
           the risks non-conformity would create.

5.2   When implementing the provisions of paragraph 1 of Article 5,  Members
shall ensure that:

      5.2.1conformity assessment procedures are undertaken and completed as
           expeditiously as possible and in a no less favourable order for
           products originating in the territories of other Members than for
           like domestic products;

      5.2.2the standard processing period of each conformity assessment
           procedure is published or that the anticipated processing period
           is communicated to the applicant upon request;  when receiving an
           application, the competent body promptly examines the
           completeness of the documentation and informs the applicant in a
           precise and complete manner of all deficiencies;  the competent
           body transmits as soon as possible the results of the assessment
           in a precise and complete manner to the applicant so that
           corrective action may be taken if necessary;  even when the
           application has deficiencies, the competent body proceeds as far
           as practicable with the conformity assessment if the applicant so
           requests;  and that, upon request, the applicant is informed of
           the stage of the procedure, with any delay being explained;

      5.2.3information requirements are limited to what is necessary to
           assess conformity and determine fees;

      5.2.4the confidentiality of information about products originating in
           the territories of other Members arising from or supplied in
           connection with such conformity assessment procedures is
           respected in the same way as for domestic products and in such a
           manner that legitimate commercial interests are protected;

      5.2.5any fees imposed for assessing the conformity of products
           originating in the territories of other Members are equitable in
           relation to any fees chargeable for assessing the conformity of
           like products of national origin or originating in any other
           country, taking into account communication, transportation and
           other costs arising from differences between location of
           facilities of the applicant and the conformity assessment body;

      5.2.6the siting of facilities used in conformity assessment procedures
           and the selection of samples are not such as to cause unnecessary
           inconvenience to applicants or their agents;

      5.2.7whenever specifications of a product are changed subsequent to
           its determination of conformity to the applicable technical
           regulations or standards, the conformity assessment procedure for
           the modified product is limited to what is necessary to determine
           whether adequate confidence exists that the product still meets
           the technical regulations or standards concerned;

      5.2.8a procedure exists to review complaints concerning the operation
           of a conformity assessment procedure and to take corrective
           action when a complaint is justified.

5.3   Nothing in paragraphs 1 and 2 of Article 5 shall prevent Members from
carrying out reasonable spot checks within their territories.

5.4   In cases where a positive assurance is required that products conform
with technical regulations or standards, and relevant guides or
recommendations issued by international standardizing bodies exist or their
completion is imminent,  Members shall ensure that central government bodies
use them, or the relevant parts of them, as a basis for their conformity
assessment procedures, except where, as duly explained upon request, such
guides or recommendations or relevant parts are inappropriate for the
Members concerned, for, inter alia, such reasons as national security
requirements;  the prevention of deceptive practices;  protection of human
health or safety, animal or plant life or health, or the environment;
fundamental climatic or other geographical factors;  fundamental
technological or infrastructural problems.

5.5   With a view to harmonizing conformity assessment procedures 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 guides and recommendations for conformity assessment
procedures.

5.6   Whenever a relevant guide or recommendation issued by an international
standardizing body does not exist or the technical content of a proposed
conformity assessment procedure is not in accordance with relevant guides
and recommendations issued by international standardizing bodies, and if the
conformity assessment procedure may have a significant effect on trade of
other Members, Members shall:

      5.6.1publish 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 conformity assessment procedure;

      5.6.2notify other Members through the MTO Secretariat of the products
           to be covered by the proposed conformity assessment procedure,
           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;

      5.6.3upon request, provide to other Members particulars or copies of
           the proposed procedure and, whenever possible, identify the parts
           which in substance deviate from relevant guides or
           recommendations issued by international standardizing bodies;

      5.6.4without 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.

5.7   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 6 of Article 5 as it finds
necessary provided that the Member, upon adoption of the procedure, shall:

      5.7.1notify immediately other Members through the MTO Secretariat of
           the particular procedure and the products covered, with a brief
           indication of the objective and the rationale of the procedure,
           including the nature of the urgent problems;

      5.7.2upon request, provide other Members with copies of the rules of
           the procedure;

      5.7.3without discrimination, 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.

5.8   Members shall ensure that all conformity assessment procedures 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.

5.9   Except in those urgent circumstances referred to in paragraph 7 of
Article 5, Members shall allow a reasonable interval between the publication
of requirements concerning conformity assessment procedures and their entry
into force in order to allow time for producers in exporting Members, and
particularly in developing country Members, to adapt their products or
methods of production to the requirements of the importing Member.


                                Article 6

    Recognition of Conformity Assessment by Central Government Bodies

      With respect to their central government bodies:

6.1   Without prejudice to the provisions of Article 6, paragraphs 3 and 4,
Members shall ensure, whenever possible, that results of conformity
assessment procedures in other Members are accepted, even when those
procedures differ from their own, provided they are satisfied that those
procedures offer an assurance of conformity with applicable technical
regulations or standards equivalent to their own procedures.  It is
recognized that prior consultations may be necessary in order to arrive at a
mutually satisfactory understanding regarding, in particular:

      (a)  adequate and enduring technical competence of the relevant
           conformity assessment bodies in the exporting Member, so that
           confidence in the continued reliability of their conformity
           assessment results can exist;  in this regard, verified
           compliance, for instance through accreditation, with relevant
           guides or recommendations issued by international standardizing
           bodies shall be taken into account as an indication of adequate
           technical competence;

      (b)  limitation of the acceptance of conformity assessment results to
           those produced by designated bodies in the exporting Member.

6.2   Members shall ensure that their conformity assessment procedures
permit, as far as practicable, the implementation of the provisions in
paragraph 1 of Article 6.

6.3   Members are encouraged, at the request of other Members, to be willing
to enter into negotiations for the conclusion of agreements for the mutual
recognition of results of each other's conformity assessment procedures.
Members may require that such agreements fulfil the criteria of Article 6,
paragraph 1, and give mutual satisfaction regarding their potential for
facilitating trade in the products concerned.

6.4   Members are encouraged to permit participation of conformity
assessment bodies located in the territories of other Members in their
conformity assessment procedures under conditions no less favourable than
those accorded to bodies located within their territory or the territory of
any other country.



                                Article 7

   Procedures for Assessment of Conformity by Local Government Bodies

      With respect to their local government bodies within their
territories:

7.1   Members shall take such reasonable measures as may be available to
them to ensure compliance by such bodies with the provisions of Articles 5
and 6, with the exception of the obligation to notify as referred to in
paragraphs 6.2 and 7.1 of Article 5.

7.2   Members shall ensure that the conformity assessment procedures of
local governments on the level directly below that of the central government
in Members are notified in accordance with the provisions of paragraphs 6.2
and 7.1 of Article 5, noting that notifications shall not be required for
conformity assessment procedures the technical content of which is
substantially the same as that of previously notified conformity assessment
procedures of central government bodies of the Members concerned.

7.3   Members may require contact with other Members, including the
notifications, provision of information, comments and discussions referred
to in paragraphs 6 and 7 of Article 5, to take place through the central
government.

7.4   Members shall not take measures which require or encourage local
government bodies within their territories to act in a manner inconsistent
with the provisions of Articles 5 and 6.

7.5   Members are fully responsible under this Agreement for the observance
of all provisions of Articles 5 and 6.  Members shall formulate and
implement positive measures and mechanisms in support of the observance of
the provisions of Articles 5 and 6 by other than central government bodies.


                                Article 8

   Procedures for Assessment of Conformity by Non-Governmental Bodies

8.1   Members shall take such reasonable measures as may be available to
them to ensure that non-governmental bodies within their territories which
operate conformity assessment procedures comply with the provisions of
Articles 5 and 6, with the exception of the obligation to notify proposed
conformity assessment procedures.  In addition, Members shall not take
measures which have the effect of, directly or indirectly, requiring or
encouraging such bodies to act in a manner inconsistent with the provisions
of Articles 5 and 6.

8.2   Members shall ensure that their central government bodies rely on
conformity assessment procedures operated by non-governmental bodies only if
these latter bodies comply with the provisions of Articles 5 and 6, with the
exception of the obligation to notify proposed conformity assessment
procedures.



                                Article 9

                   International and Regional Systems

9.1   Where a positive assurance of conformity with a technical regulation
or standard is required, Members shall, wherever practicable, formulate and
adopt international systems for conformity assessment and become members
thereof or participate therein.

9.2   Members shall take such reasonable measures as may be available to
them to ensure that international and regional systems for conformity
assessment, in which relevant bodies within their territories are members or
participants, comply with the provisions of Articles 5 and 6.  In addition,
Members shall not take any measures which have the effect of, directly or
indirectly, requiring or encouraging such systems to act in a manner
inconsistent with any of the provisions of Articles 5 and 6.

9.3   Members shall ensure that their central government bodies rely on
international or regional conformity assessment systems only to the extent
that these systems comply with the provisions of Articles 5 and 6, as
applicable.


                       INFORMATION AND ASSISTANCE

                               Article 10

         Information About Technical Regulations, Standards and
                    Conformity Assessment Procedures

10.1  Each Member shall ensure that an enquiry point exists which is able to
answer all reasonable enquiries from other Members and interested parties in
other Members as well as to provide the relevant documents regarding:

      10.1.1any technical regulations adopted or proposed within its
           territory by central or local government bodies, by
           non-governmental bodies which have legal power to enforce a
           technical regulation, or by regional standardizing bodies of
           which such bodies are members or participants;

      10.1.2any standards adopted or proposed within its territory by
           central or local government bodies, or by regional standardizing
           bodies of which such bodies are members or participants;

      10.1.3any conformity assessment procedures, or proposed conformity
           assessment procedures, which are operated within its territory by
           central or local government bodies, or by non-governmental bodies
           which have legal power to enforce a technical regulation, or by
           regional bodies of which such bodies are members or participants;

      10.1.4the membership and participation of the Member, or of relevant
           central or local government bodies within its territory, in
           international and regional standardizing bodies and conformity
           assessment systems, as well as in bilateral and multilateral
           arrangements within the scope of this Agreement; they shall also
           be able to provide reasonable information on the provisions of
           such systems and arrangements;


      10.1.5the location of notices published pursuant to this Agreement, or
           the provision of information as to where such information can be
           obtained; and

      10.1.6the location of the enquiry points mentioned in paragraph 3 of
           Article 10.

10.2  If, however, for legal or administrative reasons more than one enquiry
point is established by a Member, that Member shall provide to the other
Members complete and unambiguous information on the scope of responsibility
of each of these enquiry points.  In addition, that Member shall ensure that
any enquiries addressed to an incorrect enquiry point shall promptly be
conveyed to the correct enquiry point.

10.3  Each Member shall take such reasonable measures as may be available to
it to ensure that one or more enquiry points exist which are able to answer
all reasonable enquiries from other Members and interested parties in other
Members as well as to provide the relevant documents or information as to
where they can be obtained regarding:

      10.3.1any standards adopted or proposed within its territory by
           non-governmental standardizing bodies, or by regional
           standardizing bodies of which such bodies are members or
           participants; and

      10.3.2any conformity assessment procedures, or proposed conformity
           assessment procedures, which are operated within its territory by
           non-governmental bodies, or by regional bodies of which such
           bodies are members or participants;

      10.3.3the membership and participation of relevant non-governmental
           bodies within its territory in international and regional
           standardizing bodies and conformity assessment systems, as well
           as in bilateral and multilateral arrangements within the scope of
           this Agreement; they shall also be able to provide reasonable
           information on the provisions of such systems and arrangements.

10.4  Members shall take such reasonable measures as may be available to
them to ensure that where copies of documents are requested by other Members
or by interested parties in other Members, in accordance with the provisions
of this Agreement, they are supplied at an equitable price (if any) which
shall, apart from the real cost of delivery, be the same for the
nationals[1] of the Member concerned or of any other Member.

10.5  Developed country Members shall, if requested by other Members,
provide, in English, French or Spanish, translations of the documents
covered by a specific notification or, in case of voluminous documents, of
summaries of such documents.

10.6  The MTO Secretariat will, when it receives notifications in accordance
with the provisions of this Agreement, circulate copies of the notifications
to all Members and interested international standardizing and conformity
assessment bodies, and draw the attention of developing country Members to
any notifications relating to products of particular interest to them.

10.7  Whenever a Member has reached an agreement with any other country or
countries on issues related to technical regulations, standards or
conformity assessment procedures which may have a significant effect on
trade, at least one Member to the agreement shall notify other Members
through the MTO Secretariat of the products to be covered by the agreement
and include a brief description of the agreement.  Members concerned are
encouraged to enter, upon request, into consultations with other Members for
the purposes of concluding similar agreements or of arranging for their
participation in such agreements.

10.8  Nothing in this Agreement shall be construed as requiring:

      10.8.1the publication of texts other than in the language of the
           Member;

      10.8.2the provision of particulars or copies of drafts other than in
           the language of the Member except as stated in paragraph 5 of
           Article 10; or

      10.8.3Members to furnish any information, the disclosure of which they
           consider contrary to their essential security interests.

10.9  Notifications to the MTO Secretariat shall be in English, French or
Spanish.

10.10 Members shall designate a single central government authority that is
responsible for the implementation on the national level of the provisions
concerning notification procedures under this Agreement except those
included in Annex 3.

10.11 If, however, for legal or administrative reasons the responsibility
for notification procedures is divided among two or more central government
authorities, the Member concerned shall provide to the other Members
complete and unambiguous information on the scope of responsibility of each
of these authorities.


                               Article 11

                  Technical Assistance to Other Members

11.1  Members shall, if requested, advise other Members, especially the
developing country Members, on the preparation of technical regulations.

11.2  Members shall, if requested, advise other Members, especially the
developing country Members and shall grant them technical assistance on
mutually agreed terms and conditions regarding the establishment of national
standardizing bodies, and participation in the international standardizing
bodies, and shall encourage their national standardizing bodies to do
likewise.

11.3  Members shall, if requested, take such reasonable measures as may be
available to them to arrange for the regulatory bodies within their
territories to advise other Members, especially the developing country
Members, and shall grant them technical assistance on mutually agreed terms
and conditions regarding:

      11.3.1the establishment of regulatory bodies, or bodies for the
           assessment of conformity with technical regulations; and

      11.3.2the methods by which their technical regulations can best be
           met.

11.4  Members shall, if requested, take such reasonable measures as may be
available to them to arrange for advice to be given to other Members,
especially the developing country Members, and shall grant them technical
assistance, on mutually agreed terms and conditions, regarding the
establishment of bodies for the assessment of conformity with standards
adopted within the territory of the requesting Member.

11.5  Members shall, if requested, advise other Members, especially the
developing country Members, and shall grant them technical assistance, on
mutually agreed terms and conditions, regarding the steps that should be
taken by their producers if they wish to have access to systems for
conformity assessment operated by governmental or non-governmental bodies
within the territory of the Member receiving the request.

11.6  Members which are members or participants of international or regional
systems for conformity assessment shall, if requested, advise other Members,
especially the developing country Members, and shall grant them technical
assistance, on mutually agreed terms and conditions, regarding the
establishment of the institutions and legal framework which would enable
them to fulfil the obligations of membership or participation in such
systems.

11.7  Members shall, if so requested, encourage bodies within their
territories which are members or participants of international or regional
systems for conformity assessment to advise other Members, especially the
developing country Members, and should consider requests for technical
assistance from them regarding the establishment of the institutions which
would enable the relevant bodies within their territories to fulfil the
obligations of membership or participation.

11.8  In providing advice and technical assistance to other Members in terms
of Article 11, paragraphs 1 to 7, Members shall give priority to the needs
of the least-developed country Members.


                               Article 12

    Special and Differential Treatment of Developing Country Members

12.1  Members shall provide differential and more favourable treatment to
developing country Members to this Agreement, through the following
provisions as well as through the relevant provisions of other Articles of
this Agreement.

12.2  Members shall give particular attention to the provisions of this
Agreement concerning developing country Members' rights and obligations and
shall take into account the special development, financial and trade needs
of developing country Members in the implementation of this Agreement, both
nationally and in the operation of this Agreement's institutional
arrangements.

12.3  Members shall, in the preparation and application of technical
regulations, standards and conformity assessment procedures, take account of
the special development, financial and trade needs of developing country
Members, with a view to ensuring that such technical regulations, standards
and conformity assessment procedures do not create unnecessary obstacles to
exports from developing country Members.

12.4  Members recognize that, although international standards, guides or
recommendations may exist, in their particular technological and
socio-economic conditions, developing country Members adopt certain
technical regulations, standards or conformity assessment procedures aimed
at preserving indigenous technology and production methods and processes
compatible with their development needs.  Members therefore recognize that
developing country Members should not be expected to use international
standards as a basis for their technical regulations or standards, including
test methods, which are not appropriate to their development, financial and
trade needs.

12.5  Members shall take such reasonable measures as may be available to
them to ensure that international standardizing bodies and international
systems for conformity assessment are organized and operated in a way which
facilitates active and representative participation of relevant bodies in
all Members, taking into account the special problems of developing country
Members.

12.6  Members shall take such reasonable measures as may be available to
them to ensure that international standardizing bodies, upon request of
developing country Members, examine the possibility of, and, if practicable,
prepare international standards concerning products of special interest to
developing country Members.

12.7  Members shall, in accordance with the provisions of Article 11,
provide technical assistance to developing country Members to ensure that
the preparation and application of technical regulations, standards and
conformity assessment procedures do not create unnecessary obstacles to the
expansion and diversification of exports from developing country Members. In
determining the terms and conditions of the technical assistance, account
shall be taken of the stage of development of the requesting Members and in
particular of the least-developed country Members.

12.8  It is recognized that developing country Members may face special
problems, including institutional and infrastructural problems, in the field
of preparation and application of technical regulations, standards and
conformity assessment procedures. It is further recognized that the special
development and trade needs of developing country Members, as well as their
stage of technological development, may hinder their ability to discharge
fully their obligations under this Agreement.  Members, therefore, shall
take this fact fully into account.  Accordingly, with a view to ensuring
that developing country Members are able to comply with this Agreement, the
Committee is enabled to grant, upon request, specified, time-limited
exceptions in whole or in part from obligations under this Agreement.  When
considering such requests the Committee shall take into account the special
problems, in the field of preparation and application of technical
regulations, standards and conformity assessment procedures, and the special
development and trade needs of the developing country Member, as well as its
stage of technological development, which may hinder its ability to
discharge fully its obligations under this Agreement.  The Committee shall,
in particular, take into account the special problems of the least-developed
country Members.

12.9  During consultations, developed country Members shall bear in mind the
special difficulties experienced by developing country Members in
formulating and implementing standards and technical regulations and
conformity assessment procedures, and in their desire to assist developing
country Members with their efforts in this direction, developed country
Members shall take account of the special needs of the former in regard to
financing, trade and development.

12.10 The Committee shall examine periodically the special and differential
treatment, as laid down in this Agreement, granted to developing country
Members on national and international levels.


            INSTITUTIONS, CONSULTATION AND DISPUTE SETTLEMENT

                               Article 13

              The Committee on Technical Barriers to Trade

     There shall be established under this Agreement:

13.1  A Committee on Technical Barriers to Trade composed of representatives
from each of the Members (hereinafter referred to as "the Committee").  The
Committee shall elect its own Chairman and shall meet as necessary, but no
less than once a year for the purpose of affording Members the opportunity
of consulting on any matters relating to the operation of this Agreement or
the furtherance of its objectives, and shall carry out such responsibilities
as assigned to it under this Agreement or by the Members.

13.2  Working parties or other bodies as may be appropriate, which shall
carry out such responsibilities as may be assigned to them by the Committee
in accordance with the relevant provisions of this Agreement.

13.3  It is understood that unnecessary duplication should be avoided
between the work under this Agreement and that of governments in other
technical bodies.  The Committee shall examine this problem with a view to
minimizing such duplication.


                               Article 14

                   Consultation and Dispute Settlement

14.1  Consultations and the settlement of disputes with respect to any
matter affecting the operation of this Agreement shall take place under the
auspices of the Dispute Settlement Body and shall follow, mutatis mutandis,
the provisions of Articles XXII and XXIII of the GATT 1994, as elaborated
and applied by the Understanding Governing the Rules and Procedures for
Settlement of Disputes

14.2  At the request of a party to a dispute, or at its own initiative, a
panel may establish a technical expert group to assist in questions of a
technical nature, requiring detailed consideration by experts.

14.3   Technical expert groups shall be governed by the procedures of Annex
2.

14.4  The dispute settlement provisions set out above can be invoked in
cases where a Member considers that another Member has not achieved
satisfactory results under Articles 3, 4, 7, 8 and 9 and its trade interests
are significantly affected.  In this respect, such results shall be
equivalent to those as if the body in question were a Member.



                            FINAL PROVISIONS

                               Article 15

                            Final Provisions

Reservations

15.1  Reservations may not be entered in respect of any of the provisions of
this Agreement without the consent of the other Members.

Review

15.2  Each Member shall, promptly after the date on which the Agreement
Establishing the MTO enters into force for it, inform the Committee of
measures in existence or taken to ensure the implementation and
administration of this Agreement.  Any changes of such measures thereafter
shall also be notified to the Committee.

15.3  The Committee shall review annually the implementation and operation
of this Agreement taking into account the objectives thereof.

15.4  Not later than the end of the third year from the entry into force of
the Agreement Establishing the MTO and at the end of each three-year period
thereafter, the Committee shall review the operation and implementation of
this Agreement, including the provisions relating to transparency, with a
view to recommending an adjustment of the rights and obligations of this
Agreement where necessary to ensure mutual economic advantage and balance of
rights and obligations, without prejudice to the provisions of Article 12.
Having regard, inter alia, to the experience gained in the implementation of
the Agreement, the Committee shall, where appropriate, submit proposals for
amendments to the text of this Agreement to the Council for Trade in Goods.

Annexes

15.5  The annexes to this Agreement constitute an integral part thereof.
                                 ANNEX 1

                   TERMS AND THEIR DEFINITIONS FOR THE
                        PURPOSE OF THIS AGREEMENT


      The terms presented in the sixth edition of the ISO/IEC Guide 2:
1991, General Terms and Their Definitions Concerning Standardization and
Related Activities, shall, when used in this Agreement, have the same
meaning as given in the definitions in the said Guide taking into account
that services are excluded from the coverage of this Agreement.

      For the purpose of this Agreement, however, the following definitions
shall apply:

1.    Technical regulation

      Document which lays down product characteristics or their related
processes and production methods, including the applicable administrative
provisions, with which compliance is mandatory.  It may also include or deal
exclusively with terminology, symbols, packaging, marking or labelling
requirements as they apply to a product, process or production method.

      Explanatory note

      The definition in ISO/IEC Guide 2 is not self-contained, but based on
      the so-called "building block" system.

2.    Standard

      For the term "Standard" the following definition shall apply:

      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.
It may also include or deal exclusively with terminology, symbols,
packaging, marking or labelling requirements as they apply to a product,
process or production method.

      Explanatory note

      The terms as defined in ISO/IEC Guide 2 cover products, processes and
      services.  This agreement deals only with technical regulations,
      standards and conformity assessment procedures related to products or
      processes and production methods.  Standards as defined by ISO/IEC
      Guide 2 may be mandatory or voluntary.  For the purpose of this
      Agreement standards are defined as voluntary and technical regulations
      as mandatory documents.  Standards prepared by the international
      standardization community are based on consensus. This Agreement
      covers also documents that are not based on consensus.

3.    Conformity assessment procedures

      Any procedure used, directly or indirectly, to determine that relevant
requirements in technical regulations or standards are fulfilled.

      Explanatory note:  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.

4.    International body or system

      Body or system whose membership is open to the relevant bodies of at
least all Members.

5.    Regional body or system

      Body or system whose membership is open to the relevant bodies of only
some of the Members.

6.    Central government body

      Central government, its ministries and departments or any body subject
to the control of the central government in respect of the activity in
question.

      Explanatory note:

      In the case of the European Communities the provisions governing
      central government bodies apply.  However, regional bodies or
      conformity assessment systems may be established within the European
      Communities, and in such cases would be subject to the provisions of
      this Agreement on regional bodies or conformity assessment systems.

7.    Local government body

      Government other than a central government (e.g. states, provinces,
Länder, cantons, municipalities, etc.), its ministries or departments or any
body subject to the control of such a government in respect of the activity
in question.

8.    Non-governmental body

      Body other than a central government body or a local government body,
including a non-governmental body which has legal power to enforce a
technical regulation.

                                 ANNEX 2

                         TECHNICAL EXPERT GROUPS


      The following procedures shall apply to technical expert groups
established in accordance with the provisions of Article 14.

1.    Technical expert groups are under the panel's authority.  Their terms
of reference and detailed working procedures shall be decided by the panel,
and they shall report to the panel.

2.    Participation in technical expert groups shall be restricted to
persons of professional standing and experience in the field in question.

3.    Citizens of parties to the dispute shall not serve on a technical
expert group without the joint agreement of the parties to the dispute,
except in exceptional circumstances when the panel considers that the need
for specialized scientific expertise cannot be fulfilled otherwise.
Government officials of parties to the dispute shall not serve on a
technical expert group.  Members of technical expert groups shall serve in
their individual capacities and not as government representatives, nor as
representatives of any organization.  Governments or organizations shall
therefore not give them instructions with regard to matters before a
technical expert group.

4.    Technical expert groups may consult and seek information and technical
advice from any source they deem appropriate.  Before a technical expert
group seeks such information or advice from a source within the jurisdiction
of a Member, it shall inform the government of that Member.  Any Member
shall respond promptly and fully to any request by a technical expert group
for such information as the technical expert group considers necessary and
appropriate.

5.   The parties to a dispute shall have access to all relevant information
provided to a technical expert group, unless it is of a confidential nature.
Confidential information provided to the technical expert group shall not be
released without formal authorization from the government, organization or
person providing the information.  Where such information is requested from
the technical expert group but release of such information by the technical
expert group is not authorized, a non-confidential summary of the
information will be provided by the government, organization or person
supplying the information.

6.    The technical expert group shall submit a draft report to the Members
concerned with a view to obtaining their comments, and taking them into
account, as appropriate, in the final report, which shall also be circulated
to the Members concerned when it is submitted to the panel.

                                 ANNEX 3

         CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND
                        APPLICATION OF STANDARDS

General Provisions

A.    For the purposes of this Code the definitions in Annex 1 of this
Agreement shall apply.

B.    This Code is open to acceptance by any standardizing body within the
territory of a Member of the MTO, whether a central government body, a local
government body, or a non-governmental body; to any governmental regional
standardizing body one or more members of which are Member of the MTO; and
to any non-governmental regional standardizing body one or more members of
which are situated within the territory of a Member of the MTO (hereafter
collectively called "standardizing bodies" and individually "the
standardizing body").

C.    Standardizing bodies that have accepted or withdrawn from this Code
shall notify this fact to the ISO/IEC Information Centre in Geneva.  The
notification shall include the name and address of the body concerned and
the scope of its current and expected standardization activities.  The
notification may be sent either directly to the ISO/IEC Information Centre,
or through the national member body of ISO/IEC or, preferably, through the
relevant national member or international affiliate of ISONET, as
appropriate.


                         SUBSTANTIVE PROVISIONS

D.    In respect of standards, the standardizing body shall accord treatment
to products originating in the territory of any other Member of the MTO no
less favourable than that accorded to like products of national origin and
to like products originating in any other country.

E.    The standardizing body shall ensure that standards are not prepared,
adopted or applied with a view to, or with the effect of, creating
unnecessary obstacles to international trade.

F.    Where international standards exist or their completion is imminent,
the standardizing body shall use them, or the relevant parts of them, as a
basis for the standards it develops, except where such international
standards or relevant parts would be ineffective or inappropriate, for
instance, because of an insufficient level of protection or fundamental
climatic or geographical factors or fundamental technological problems.

G.    With a view to harmonizing standards on as wide a basis as possible,
the standardizing body shall, in an appropriate way, play a full part within
the limits of its resources in the preparation by relevant international
standardizing bodies of international standards regarding subject matter for
which it either has adopted, or expects to adopt, standards.  For
standardizing bodies within the territory of a Member, participation in a
particular international standardization activity shall, whenever possible,
take place through one delegation representing all standardizing bodies in
the territory that have adopted, or expect to adopt, standards for the
subject matter to which the international standardization activity relates.

H.    The standardizing body within the territory of a Member shall make
every effort to avoid duplication of, or overlap with, the work of other
standardizing bodies in the national territory or with the work of relevant
international or regional standardizing bodies.  They shall also make every
effort to achieve a national consensus on the standards they develop.
Likewise the regional standardizing body shall make every effort to avoid
duplication of, or overlap with, the work of relevant international
standardizing bodies.

I.    Wherever appropriate, the standardizing body shall specify standards
based on product requirements in terms of performance rather than design or
descriptive characteristics.

J.    At least once every six months, the standardizing body shall publish a
work programme containing its name and address, the standards it is
currently preparing and the standards which it has adopted in the preceding
period.  A standard is under preparation from the moment a decision has been
taken to develop a standard until that standard has been adopted.  The
titles of specific draft standards shall, upon request, be provided in
English, French or Spanish.  A notice of the existence of the work programme
shall be published in a national or, as the case may be, regional
publication of standardization activities.

      The work programme shall for each standard indicate, in accordance
with any ISONET rules, the classification relevant to the subject matter,
the stage attained in the standard's development, and the references of any
international standards taken as a basis.  No later than at the time of
publication of its work programme, the standardizing body shall notify the
existence thereof to the ISO/IEC Information Centre in Geneva.

      The notification shall contain the name and address of the
standardizing body, the name and issue of the publication in which the work
programme is published, the period to which the work programme applies, its
price (if any), and how and where it can be obtained.  The notification may
be sent directly to the ISO/IEC Information Centre, or, preferably, through
the relevant national member or international affiliate of ISONET, as
appropriate.

K.    The national member of ISO/IEC shall make every effort to become a
member of ISONET or to appoint another body to become a member as well as to
acquire the most advanced membership type possible for the ISONET member.
Other standardizing bodies shall make every effort to associate themselves
with the ISONET member.

L.    Before adopting a standard, the standardizing body shall allow a
period of at least sixty days for the submission of comments on the draft
standard by interested parties within the territory of a Member of the MTO.
This period may, however, be shortened in cases where urgent problems of
safety, health or environment arise or threaten to arise.  No later than at
the start of the comment period, the standardizing body shall publish a
notice announcing the period for commenting in the publication referred to
in paragraph J.  Such notification shall include, as far as practicable,
whether the draft standard deviates from relevant international standards.

M.    On the request of any interested party within the territory of a
Member of the MTO, the standardizing body shall promptly provide, or arrange
to provide, a copy of a draft standard which it has submitted for comments.
Any fees charged for this service shall, apart from the real cost of
delivery, be the same for domestic and foreign parties.

N.    The standardizing body shall take into account, in the further
processing of the standard, the comments received during the period for
commenting.  Comments received through standardizing bodies that have
accepted this Code of good practice shall, if so requested, be replied to as
promptly as possible.  The reply shall include an explanation why a
deviation from relevant international standards is necessary.

O.    Once the standard has been adopted, it shall be promptly published.

P.    On the request of any interested party within the territory of a
Member of the MTO, the standardizing body shall promptly provide or arrange
to provide a copy of its most recent work programme or of a standard which
it produced.  Any fees charged for this service shall, apart from the real
costs of delivery, be the same for foreign and domestic parties.

Q.    The standardizing body shall afford sympathetic consideration to, and
adequate opportunity for, consultation regarding representations with
respect to the operation of this Code presented by standardizing bodies that
have accepted this Code of good practice.  It shall make an objective effort
to solve any complaints.



1.'Nationals' here shall be deemed, in the case of a separate customs
territory Member of the MTO, to mean persons, natural or legal, who are
domiciled or who have a real and effective industrial or commercial
establishment in that customs territory.