                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, 
Lnder, 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.





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