Some of you may have seen this short article I wrote for the JIEL, which deals with the history of the GATT negotiation of the preliminary provisions of the OPA Agreements Articles 2.1 and 2.2 (there are a little more technical details in the exhibit here), from 1969 to 1979. For reasons I don`t remember, I stopped at the end of the Tokyo Round and never bothered to look at the future evolution of the language during the Uruguay Round. But when I wrote something else, I remembered that the provision of the Tokyo Round Standard Code, Article 2.1, was not entirely in line with what is written in Articles 2.1 and 2.2 of the EPO Agreement, and I wondered how this linguistic development unfolded. I have a little look and here`s what I found. 2.1.5. Comply with the provisions of this Article where they have been adopted to ensure compliance with international agreements or standards; 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.  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.  In accordance with 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 needs of general government” (Article 1.4).  2.1.6. are compatible with the provisions of this Article where they deviate from international standards for the reasons referred to in Article 2(2). 2.2.2 take into account an acceptable level of protection against the risks referred to in paragraph 2.1.2, identified by appropriate risk assessment procedures, which would maximise trade opportunities while ensuring the achievement of legitimate objectives of general interest; the risk assessment would be based, inter alia, on scientific and technical knowledge, consumer applications and relevant processing technologies; The following draft text was then circulated in July 1990: Annex 1.1 provides that the technical requirements apply to “product characteristics or associated manufacturing processes and methods”, meaning that this does not apply to NPLs.
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