Wto Mutual Recognition Agreements

- October 17, 2021

Recently, however, European Commission trade negotiators rejected the mutual recognition of testing laboratories assessed for compliance by UK testing laboratories. The EU`s single market is the most comprehensive version of mutual recognition between trading partners. According to the Cassis de Dijon principle, a product that can be legally sold in one Member State, even if the rules are not harmonised, can be legally sold in any other Member State. What types of mutual recognition agreements has the EU concluded? THE ECAS are usually concluded with candidate countries with which the EU has concluded association agreements (see our explanation of the association agreements) and represent a step in the accession process. The objective of the PECA is to align the technical regulations of a candidate country with those of the EU with a view to its accession to the EU. This type of MRA is inherently temporary because it disappears when the country joins the EU`s single market. 99 See Beynon, P., `Community mutual recognition agreements, technical barriers to trade and the WTO`s most-favoured nation principle`, 28 European Law Review (2003) 231, p. 245Google Scholar. 5 This article does not deal with the related question of whether mutual recognition contained in a regional trade agreement falls within the exception provided for in Article XXIV of the GATT, although eminent scholars suggest that most of those recognitions are not covered by the exemption.

See in general Trachtman, Joel P., “Towards open recognition? Standardization and Regional Integration under GATT Article XXIV”, 6 Journal of International Economic Law (2003) 459 CrossRefGoogle Scholar; Bartels, Lorand, “The Legality of the EC Mutual Recognition Clause under WTO Law,” 8 Journal of International Economic Law (2005) 691, at 711–714 CrossRefGoogle Scholar. Basically, “traditional” MRAs do not require states to harmonize rules (e.g. B to create common technical standards and regulations), nor that they require parties to an MRA to recognise the requirements of the other party as equivalent – MRAs are limited to recognising the competence of the partner`s CAOs to carry out conformity assessments. However, recent free trade agreements indicate a shift in approach and acceptance of “traditional” RAs. For example, Article 4(6) and Article 7(21)(4) of the EU-Korea Free Trade Agreement provide for the negotiation of mutual recognition of conformity assessment for goods and services, respectively. Parties to an MRA do not need to change their technical rules, which is why the UK government is now offering MRAs for conformity assessment as part of its new trade agreements. By granting mutual recognition to products covered by free trade agreements with Canada and Korea, but refusing to treat products originating in the UK on an equal footing, the EU could be violating WTO law. 84 Member C may also claim that its technical regulations are equivalent to Member A`s technical regulations and require recognition under Article 2.7 of the TBT. However, this is not a claim for most damages and is not created by Member A`s ARM with Member B. .

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