Chapter Seven-- Technical Barriers to Trade

Chapter Seven-- Technical Barriers to Trade

 Objectives

 The objectives of this Chapter are to increase and facilitate trade through the

improvement of the implementation of the TBT Agreement, the elimination of unnecessary

technical barriers to trade, and the enhancement of bilateral cooperation. 

 

Article 7.1:  Affirmation of the TBT Agreement

 Further to Article 1.3 (Relation to Other Agreements), the Parties affirm their existing

rights and obligations with respect to each other under the TBT Agreement. 

 

Article 7.2:  Scope and Coverage

 

1.  This Chapter applies to all standards, technical regulations, and conformity assessment

procedures of central government bodies that may, directly or indirectly, affect trade in goods

between the Parties.1  

 

2.  Notwithstanding paragraph 1, this Chapter does not apply to:

 

(a) technical specifications prepared by governmental bodies for production or

consumption requirements of such bodies; and

 

 (b) sanitary and phytosanitary measures.

 

Article 7.3:  International Standards

 

In determining whether an international standard, guide, or recommendation within the

meaning of Articles 2 and 5, and Annex 3 of the TBT Agreement exists, each Party shall apply

the principles set out in Decisions and Recommendations adopted by the Committee since 1

January 1995, G/TBT/1/Rev.8, 23 May 2002, Section IX (Decision of the Committee on

Principles for the Development of International Standards, Guides and Recommendations with

relation to Articles 2, 5 and Annex 3 of the Agreement) issued by the WTO Committee on

Technical Barriers to Trade.

 

                                                

1

  For greater certainty, the Parties understand that any reference in this Chapter to a standard, technical regulation,

or conformity assessment procedure includes those related to metrology.

 

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Article 7.4:  Trade Facilitation 

1. The Parties shall intensify their joint work in the field of standards, technical regulations,

and conformity assessment procedures with a view to facilitating trade between the Parties.  In

particular, the Parties shall seek to identify trade facilitating initiatives regarding standards,

technical regulations, and conformity assessment procedures that are appropriate for particular

issues or sectors.  Such initiatives may include cooperation on regulatory issues, such as

convergence, alignment with international standards, reliance on a supplier’s declaration of

conformity, and use of accreditation to qualify conformity assessment bodies.

 

2. On request of another Party, a Party shall give favorable consideration to any sector-

specific proposal the Party makes for further cooperation under this Chapter.

 

Article 7.5:  Conformity Assessment

1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance

in a Party’s territory of the results of conformity assessment procedures conducted in another

Party’s territory.  For example: 

 (a) the importing Party may rely on a supplier’s declaration of conformity;

(b) conformity assessment bodies located in the territory of two or more Parties may

enter into voluntary arrangements to accept the results of each other’s assessment

procedures;

 

(c) a Party may agree with another Party to accept the results of conformity

assessment procedures that bodies located in the other Party’s territory conduct

with respect to specific technical regulations;

 

 (d) a Party may adopt accreditation procedures for qualifying conformity assessment

bodies located in the territory of another Party;

 

 (e) a Party may designate conformity assessment bodies located in the territory of

another Party; and

 

 (f) a Party may recognize the results of conformity assessment procedures conducted

in the territory of another Party.

 

The Parties shall intensify their exchange of information on these and other similar mechanisms.

 

2. Where a Party does not accept the results of a conformity assessment procedure

conducted in the territory of another Party, it shall, on request of that other Party, explain its

reasons.

 

 

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3. Each Party shall accredit, approve, license, or otherwise recognize conformity assessment

bodies in the territories of the other Parties on terms no less favorable than those it accords to

conformity assessment bodies in its territory.  Where a Party accredits, approves, licenses, or

otherwise recognizes a body assessing conformity with a specific technical regulation or standard

in its territory and refuses to accredit, approve, license, or otherwise recognize a body assessing

conformity with that technical regulation or standard in the territory of another Party, it shall, on

request of that other Party, explain the reasons for its decision.

 

4. Where a Party declines a request from another Party to engage in negotiations or

conclude an agreement on facilitating recognition in its territory of the results of conformity

assessment procedures conducted by bodies in the other Party’s territory, it shall, on request of

that other Party, explain the reasons for its decision. 

 

Article 7.6:  Technical Regulations

1. Where a Party provides that foreign technical regulations may be accepted as equivalent

to a specific technical regulation of its own, and the Party does not accept a technical regulation

of another Party as equivalent to that technical regulation, it shall, at the request of that other

Party, explain the reasons for its decision.

 

2. Where a Party does not provide that foreign technical regulations may be accepted as

equivalent to its own, it may, at the request of another Party, explain its reasons for not accepting

that other Party’s technical regulations as equivalent.

 

Article 7.7:  Transparency

 

1. Each Party shall allow persons of the other Parties to participate in the development of its

standards, technical regulations, and conformity assessment procedures.  Each Party shall permit

persons of the other Parties to participate in the development of such measures on terms no less

favorable than those accorded to its own persons and to persons of any other Party.

 

2. Each Party shall recommend that non-governmental standardizing bodies in its territory

observe paragraph 1. 

 

3. In order to enhance the opportunity for persons to provide meaningful comments on

proposed technical regulations and conformity assessment procedures, a Party publishing a

notice under Article 2.9 or 5.6 of the TBT Agreement shall:

 

(a) include in the notice a statement describing the objective of the proposed

technical regulation or conformity assessment procedure and the rationale for the

approach the Party is proposing; and

 

(b) transmit the proposal electronically to the other Parties through the inquiry points

each Party has established under Article 10 of the TBT Agreement at the same

time as it notifies WTO Members of the proposal pursuant to the TBT Agreement. 

 

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Each Party should allow at least 60 days after it transmits a proposal under subparagraph (b) for

persons and other Parties to make comments in writing on the proposal. 

 

4. Each Party shall publish or otherwise make available to the public, in print or

electronically, its responses to significant comments it receives from persons or other Parties

under paragraph 3 no later than the date it publishes the final technical regulation or conformity

assessment procedure.

 

5. Where a Party makes a notification under Article 2.10 or 5.7 of the TBT Agreement, it

shall at the same time transmit the notification electronically to the other Parties through the

inquiry points referenced in paragraph 3(b).

 

6.  Each Party shall, on request of another Party, provide information regarding the objective

of, and rationale for, a standard, technical regulation, or conformity assessment procedure that

the Party has adopted or is proposing to adopt.

 

7. Where a Party detains at a port of entry a good originating in the territory of another

Party due to a perceived failure to comply with a technical regulation, it shall immediately notify

the importer of the reasons for the detention. 

 

8. Each Party shall implement this Article as soon as is practicable and in no event later than

five years from the date of entry into force of this Agreement.

 

Article 7.8:  Committee on Technical Barriers to Trade

 

1. The Parties hereby establish the Committee on Technical Barriers to Trade, comprising

representatives of each Party, as set out in Annex 7.8.

 

2. The Committee’s functions shall include:

 

 (a) monitoring the implementation and administration of this Chapter;

 

(b) promptly addressing any issue that a Party raises related to the development,

adoption, application, or enforcement of standards, technical regulations, or

conformity assessment procedures;

 

(c) enhancing cooperation in the development and improvement of standards,

technical regulations, and conformity assessment procedures and, as appropriate,

designing and proposing mechanisms for technical assistance of the type

described in Article 11 of the TBT Agreement, in coordination with the

Committee on Trade Capacity Building, as appropriate;

 

 

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(d) where appropriate, facilitating sectoral cooperation between governmental and

non-governmental conformity assessment bodies in the territories of two or more

Parties;

 

(e) exchanging information on developments in non-governmental, regional, and

multilateral fora engaged in activities related to standards, technical regulations,

and conformity assessment procedures;

 

(f) at a Party’s request, consulting on any matter arising under this Chapter; 

 

(g) reviewing this Chapter in light of any developments under the TBT Agreement,

and developing recommendations for amendments to this Chapter in light of those

developments; 

 

(h) taking any other steps the Parties consider will assist them in implementing the

TBT Agreement and in facilitating trade; and

 

(i) as it considers appropriate, reporting to the Commission on the implementation of

this Chapter.

 

3. Where two or more Parties have had recourse to consultations under paragraph 2(f) such

consultations shall, on the agreement of those Parties, constitute consultations under Article 20.4

(Consultations).

 

4. The Committee shall meet at least once a year unless the Parties otherwise agree.

 

5. All decisions of the Committee shall be taken by consensus unless, the Committee

otherwise decides. 

 

Article 7.9:  Information Exchange

 

 Any information or explanation that is provided on request of a Party pursuant to the

provisions of this Chapter shall be provided in print or electronically within a reasonable time.  A

Party shall endeavor to respond to each such request within 60 days.

 

Article 7.10:  Definitions

 

 For purposes of this Chapter: 

 

central government body, conformity assessment procedures, standard, and technical

regulation shall have the meanings assigned to those terms in Annex 1 of the TBT Agreement;

and

 

TBT Agreement means the WTO Agreement on Technical Barriers to Trade. 

 

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Annex 7.8

 

Committee on Technical Barriers to Trade

 

 The Committee on Technical Barriers to Trade shall be coordinated by:

 

(a) in the case of Costa Rica, the Dirección de Aplicación de Acuerdos

Comerciales Internacionales del Ministerio de Comercio Exterior with the

collaboration of the Ministerio de Economía, Industria y Comercio and the

Ministerio de Salud; 

 

(b) in the case of the Dominican Republic, the Dirección de Comercio Exterior y

Administración de Tratados Comerciales Internacionales de la Secretaría de

Estado de Industria y Comercio;

 

(c)  in the case of El Salvador, the Ministerio de Economía through the Dirección

de Administración de Tratados Comerciales;  

 

(d) in the case of Guatemala, the Ministerio de Economía;  

 

(e) in the case of Honduras, the Dirección General de Integración Económica y

Política Comercial de la Secretaría de Estado en los Despachos de Industria y

Comercio and the Secretaría de Estado en el Despacho de Salud;  

 

(f) in the case of Nicaragua, the Ministerio de Fomento, Industria y Comercio;

and

 

 (g) in the case of the United States, the Office of the United States Trade

Representative, 

 

or their successors.