Definition
1. The following provisions of the TBT Agreement are hereby incorporated into and
made part of this Agreement:
(a) Article 2 (Preparation, Adoption and Application of Technical Regulations by
Central Government Bodies);
(b) Article 3 (Preparation, Adoption and Application of Technical Regulations by
Local Government Bodies and Non-Governmental Bodies);
(c) Article 4 (Preparation, Adoption and Application of Standards);
(d) Article 5 (Procedures for Assessment of Conformity by Central Government
Bodies);
(e) Article 6 (Recognition of Conformity Assessment by Central Government
Bodies), without limiting a Party’s rights or obligations under the Protocol on
the Mutual Acceptance of the Results of Conformity Assessment, and the
Protocol on the Mutual Recognition of the Compliance and Enforcement
Programme Regarding Good Manufacturing Practices for Pharmaceutical
Products;
(f) Article 7 (Procedures for Assessment of Conformity by Local Government
Bodies);
(g) Article 8 (Procedures for Assessment of Conformity by Non-Governmental
Bodies);
(h) Article 9 (International and Regional Systems);
(i) Annex 1 (Terms and their Definitions for the Purpose of this Agreement); and
(j) Annex 3 (Code of Good Practice for the Preparation, Adoption and Application
of Standards).
2. The term “Members” in the incorporated provisions shall have the same meaning in
this Agreement as it has in the TBT Agreement.
3. With respect to Articles 3, 4, 7, 8 and 9 of the TBT Agreement, Chapter TwentyNine
(Dispute Settlement) can be invoked in cases where a Party considers that the
other Party has not achieved satisfactory results under these Articles and its trade
interests are significantly affected. In this respect, such results shall be equivalent to
those as if the body in question were a Party.