AGREEMENT ON TECHNICAL BARRIERS TO TRADE

Members, 

	Having regard to the Uruguay Round of Multilateral Trade Negotiations;

	Desiring to further the objectives of 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;

	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 the
Application of 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. 
Whenever a technical regulation is prepared, adopted or applied for one
of the legitimate objectives explicitly mentioned in paragraph 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:

2.9.1	publish 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; 

2.9.2	notify other Members through the 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; 

2.9.3	upon 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;

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

2.10.1	notify immediately other Members through the 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;

2.10.2	upon request, provide other Members with copies of the technical
regulation;

2.10.3	without 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 paragraph 10,
Members shall allow a reasonable interval between the publication of
technical regulations 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 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
paragraphs 9.2 and 10.1 of Article 2, 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 (referred to in this Agreement as the "Code of Good
Practice").  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.  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 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:

5.1.1	conformity 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;

5.1.2	conformity 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, Members shall
ensure that:

5.2.1	conformity 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;

5.2.2	the 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;

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

5.2.4	the 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;

5.2.5	any 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;

5.2.6	the 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;

5.2.7	whenever specifications of a product are changed subsequent to the
determination of its 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;

5.2.8	a 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 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:

5.6.1	publish 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;

5.6.2	notify other Members through the 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;

5.6.3	upon 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;       

5.6.4	without 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	Subject to the provisions in the lead-in to paragraph 6, 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 as it finds necessary,
provided that the Member, upon adoption of the procedure, shall:

5.7.1	notify immediately other Members through the 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;

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

5.7.3	without 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,
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 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:

6.1.1	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;

6.1.2	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.

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 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:

10.1.1	any 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;

10.1.2	any 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;

10.1.3	any 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;

10.1.4	the 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; it shall also be able
to provide reasonable information on the provisions of such systems and
arrangements;

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

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

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:

10.3.1	any 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

10.3.2	any 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;

10.3.3	the 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 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 Secretariat shall, 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 party to the agreement shall notify other
Members through the 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:

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

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

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

10.9	Notifications to the 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:

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

11.3.2	the 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 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 on Technical Barriers
to Trade provided for in Article 13 (referred to in this Agreement as
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

13.1	A Committee on Technical Barriers to Trade is hereby established,
and shall be composed of representatives from each of the Members.  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	The Committee shall establish 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 GATT
1994, as elaborated and applied by the Dispute Settlement Understanding.


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 WTO
Agreement 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 date of entry
into force of the WTO Agreement 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

	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 WTO, 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 Members of
the WTO; and to any non-governmental regional standardizing body one or
more members of which are situated within the territory of a Member of
the WTO (referred to in this Code collectively as "standardizing bodies"
and individually as "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 WTO 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 60 days for the submission of comments on the draft
standard by interested parties within the territory of a Member of the
WTO.  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 WTO, 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 foreign and domestic 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 WTO, 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 cost 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.

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

