Preferential Trade Agreements and Trade Liberalization Efforts in the OIC Member States
With Special Emphasis on the TPS-OIC
19
or plant life or health are increasingly a common feature of PTAs. Here it is important to
distinguish carefully between:
1.
Standards
2.
Regulations
3.
Conformity assessment/ Testing and certification
Standards are often held up as an example of a non-tariff barrier to trade, and a barrier whose
relative importance is growing with the decline in tariffs. However, standards have a different
policy objective as opposed to discrimination against foreign goods. Standards represent a
quasi-regulatory means of pursuing important public policy objectives such as environmental
protection, consumer safety and food quality. Standards in principle should not be seen as
barriers to trade: they are essentially definitions of a standardised unit process or product.
Technical regulations may make certain standards mandatory. They may in fact impose
requirements that are not based on standards as such, although the WTO TBT and SPS rules
require regulations that may affect trade to be "based on" international standards where these
exist unless a country can show a special national objective which the international standards
cannot achieve. Conformity assessment rules specify how it is to be established whether or not
regulations have been complied with. The policy objective should therefore not be to eliminate
standards but to make them more efficient and cost effective.
FTAs can contain provisions for Harmonisation, Mutual recognition or National Treatment that
go beyond this on any of the three items but few do except for the EU itself. They generally
provide for consultation and voluntary cooperation. Two exceptions are the EU Turkey CU
which required harmonisation of technical but had to wait 10 years for mutual recognition
1
of
conformity assessment; and the EU-Korea FTA which deals with mutual recognition of
conformity assessment for cars and electronics TTIP promised a lot in this area but
negotiations are moving slowly. The latest EU position papers for example say that
harmonisation or MR of regulations is not possible across the board even though a large part
of the reported gains (IFO 2013) were said to come in this sector. On cars the EU position is
that even if mutual recognition of technical requirements were achieved there could be no MR
of testing and certification. So automotive products would have to be tested again in the EU,
even if this was using US methods.
1
("Beyond the WTO" An Anatomy of EU and US Preferential Trade Agreements," The World
Economy, Wiley Blackwell, vol. 33(11), pages 1565-1588, November2Henrik Horn & Petros C.
Mavroidis & André Sapir, 2010.