12.8 It is recognized that members of developing countries may face particular problems, including institutional and infrastructure, in the preparation and enforcement of technical regulations, standards and compliance assessment procedures. It is also recognized that the special development and trade needs of members of developing countries, as well as their state of technological development, may hinder their ability to fully meet their obligations under this agreement. The members therefore take full account of this. In order to ensure that members of developing countries are able to comply with this agreement, the Technical Committee on Trade Barriers under Article 13 (designated in this agreement as a committee) may grant, on request, exemptions, in whole or in part, limited in time to the obligations under this agreement. In considering these applications, the Committee takes into account the specific problems related to the preparation and application of technical rules, standards and procedures for assessing compliance, as well as the specific development and trade needs of the developing country, as well as its technological evolution, which may compromise its ability to fully meet its obligations under this agreement. In particular, the Committee takes into account the specific problems faced by the least developed countries. In accordance with Article 1, this agreement applies to all industrial and agricultural products, with the exception of services, sanitary and plant health measures (as defined in the agreement on the application of sanitary and plant health measures) and “purchase specifications established by public authorities for production or consumption needs” (Article 1.4). [2] 10.7 When a member has reached an agreement with another country or country on issues relating to technical regulations, standards or compliance assessment procedures that could have a significant impact on trade, at least one member of the agreement informs the other members, through the secretariat, of the food products that must be covered by the agreement and a brief description of the agreement. Concerned members are invited to consult with other members on request to conclude similar agreements or to organize their participation in these agreements.
Jerry Burke
