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Annex 3 Tbt Agreement

15.5 The Annexes to this Agreement form part of this Agreement. Under Article 1, this agreement covers all industrial and agricultural products, with the exception of services, sanitary and phytosanitary measures (as defined in the agreement on the application of sanitary and phytosanitary measures) and “procurement specifications established by public authorities for the production or consumption requirements of the State” (Article 1.4). [2] 6.3 Members are encouraged to be prepared, at the request of other Members, to enter into negotiations with a view to concluding agreements on the mutual recognition of the results of the conformity assessment procedures of other Members. Members may require that such agreements fulfil the criteria set out in paragraph 1 and satisfy each other as to their potential to facilitate trade in the products concerned. 10.7 Where a Member has concluded an agreement with another country or countries on matters related to technical regulations, standards or conformity assessment procedures that may have a significant impact on trade, at least one Member of the Contracting Party, through the Secretariat, shall communicate to other Members the products to be covered by the Agreement and provide a brief description of the Agreement. The Members concerned shall be invited, upon request, to enter into consultations with other Members with a view to concluding similar agreements or organising their participation in such agreements. The TBT aims to ensure that technical regulations, standards, testing and certification procedures do not create unnecessary barriers to trade. The agreement prohibits technical requirements created to restrict trade, unlike technical requirements created for legitimate purposes such as consumer or environmental protection. [1] Its objective is to avoid unnecessary obstacles to international trade and to grant all WTO members recognition of the protection of legitimate interests in accordance with their own regulatory autonomy, although the application of international standards is encouraged. The list of legitimate interests which may justify a restriction of trade is not exhaustive and covers the protection of the environment, health and safety of humans and animals.

[1] 3. Citizens of the parties to the dispute may not work in a technical group of experts without the common agreement of the parties to the dispute, unless, in exceptional cases, the body considers that the need for specialized scientific expertise cannot be met in any other way. Government officials of the parties to the dispute may not call upon a technical panel of experts. Members of technical expert groups are in their individual capacity and not as representatives of the government or as representatives of an organization. . . .