The World Trade Organization Agreement on Technical Barriers to Trade and Recent Food Labeling Cases Page: 7 of 25
View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The WTO Agreement on Technical Barriers to Trade and Recent Food Labeling Cases
a product based on specific product characteristics, the species of fish.27 Similarly, in EC
Asbestos, the Appellate Body found that a French decree criminalizing the sale of products
containing asbestos fibers fell under the scope of the TBT Agreement because it required all
products to have a shared characteristic-that is, all products had to be asbestos-free.28
The TBT Agreement classifies measures that regulate on the basis of a product's characteristics
into three categories: (1) technical regulations; (2) standards; and (3) conformity assessment
procedures (CAPs).29 Technical regulations are documents that prescribe product characteristics
with which compliance is mandatory.30 Technical regulations can include labeling requirements,
import bans, or prohibitions that are related to product characteristics.3' Standards are documents
that have been approved by a recognized body, and prescribe product characteristics with which
compliance is voluntary.32 CAPs are procedures, such as those related to testing, verification,
inspection, or certification, that are used to ensure that the requirements prescribed by a given
standard and/or technical regulation are satisfied.33
The TBT Agreement lays out obligations that WTO members must adhere to when enacting
technical regulations, standards, and CAPs.34 These obligations can be enforced through the
WTO's dispute settlement procedures established by the DSU.35 Therefore, a country may request
the establishment of a WTO dispute settlement panel to determine whether another party's
measure violates the terms of the TBT Agreement. To date, most of the WTO disputes involving
the TBT Agreement, including U.S.-COOL and U.S.-Tuna II, have focused on the provisions
concerning technical regulations.36 These provisions are contained in Article 2 of the Agreement,
which is the focus of this report.
Article 2 of the TBT Agreement contains various requirements that WTO members must adhere
to when issuing technical regulations. Article 2 requires that a party shall remove technical
regulations that are no longer necessary due to changed circumstances;37 shall base their technical
regulations on accepted international standards, when appropriate;38 shall explain the justification
for such regulations when another party so requests;39 and shall participate in the creation and
adoption of international standards with a view toward harmonizing technical regulations.40
members must also ensure that their measures are not "more trade restrictive than necessary" to
fulfill a legitimate government objective.4' Furthermore, Article 2 of the TBT agreement contains
27 Id. at paras. 190-193.
28 Appellate Body Report, EC-Asbestos, at 175.
29 See TBT Agreement Annex 1.1-1.3.
30 TBT Agreement, Annex 1(1).
31 Appellate Body Report, EC-Asbestos, at 164.
32 TBT Agreement Annex 1(2).
33 TBT Agreement Annex 1(3).
34 See TBT Agreement arts. 2, 4, 5.
35 TBT Agreement art. 14.
36 WTO website, Disputes by Agreement, https://www.wto.org/english/tratope/dispue/
dispuagreements_index_e.htm?id=A22# (last visited September 22, 2015) (showing that most disputes brought under
the TBT Agreement have involved Article 2, the provision relating to technical regulations).
37 TBT Agreement art. 2.3.
38 TBT Agreement art. 2.4.
39 TBT Agreement art. 2.5.
40 TBT Agreement art. 2.6.
41 TBT Agreement art. 2.2.
Congressional Research Service 4c11173008
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Shedd, Daniel T. The World Trade Organization Agreement on Technical Barriers to Trade and Recent Food Labeling Cases, report, September 25, 2015; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc818641/m1/7/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.