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XVI The Agreement on Technical Barriers to Trade
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Published:January 2013
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The Agreement on Technical Barriers to Trade (TBT Agreement)1 applies to technical regulations such as labelling requirements and also extends to production-related standards (Annex 1 and 2). Technical rules are subject to the national treatment principle and the most-favoured-nation principle (Article 2.1). National Treatment requires ‘even-handedness’ of technical requirements. This standard is violated when a measure is designed or applied in a manner that amounts to arbitrary or unjustifiable, de jure or de facto discrimination.2 Under Article 2.2, technical regulations may not restrict international trade beyond the extent necessary to protect a legitimate interest:
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.
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