Under The Wto Framework Technical Regulations, Standards And Conformity Assessment Procedures

Ten years has elapsed since China’s accession to the World Trade Organization (WTO) on December 11,2001. Being a member of WTO means a full enjoyment of the rights under WTO structre, and also a great opportunity for promoting international trade. More responsibilities have to be taken by China at the same time.This process is becoming more challenging because the using of traditional trade management measures, such as custom tariff, quota and licence are becoming more restricted. As a result, more and more foreign goods enter into Chinese market, and export is becoming more difficult than before due to various non-tariff technical barriers to trade (TBT) used worldwide.When using the word TBT, we are referring to Agreement on Technical Barriers to Trade. Three main elements, namely technical regulations, standards and conformity assessment procedures are the basis of TBT. In this paper, when the word technical barriers to trade is used, it is more likely to reveal its negative role, while the word technical measures to trade is used as a neutral word.It is quite important to have a comprehensive research of TBT Agreement, learn its rules and practices when trying to establish China’s own TBT system with Chinese Characteristics. With that, we can fulfil the legitimate objectives of TBT Agreement:national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment. Only by thorough research of TBT can we block the goods that are not in line with Chinese national interests out of our border by technical measures so that to better protect the national economy and trade. On the other hand, as the largest manufacturing economy, the industry needs more support from the competent Chinese government authourities to break through technical barriers to trade from foreign economies so that to promote the international trade.The paper trys to discuss how to establish Chinese system of technical measures to trade in line with international practices. Charpter One touches the definition, models, characteristics and roles of TBT measures. Besides technical regulations, standards and conformity assessment procedures, technical barriers also include Sanitary and Phytosanitary (SPS) measures, environment measures and patent barriers. The positive and negative roles of these measures are analysed along with the newest trends in recent years. Charpter Two presents the typical technical measure systems of the US and the EU, analyses their characteristics and experiences of dealing with foreign technical barriers to trade. The 2010 Report of China’s Technical Measures to Trade is the basis of Charpter Three with the analysis of the influence to China by foreign technical barriers to trade. Charpter Four introduces three cases of TBT, namely the case of the US coping with EU REACH regulations, Japan’s Positive List System and typical French custom law enforcement. Charpter Five analyses the current situation and problems of China’s TBT system while Charpter Six trys to discuss the ways of establish a comprehensive Chinese TBT system according to international rules.With this paper, the author would like to attract more professionals into TBT area, to introduce more about the system, to focus more on China’TBT situation so that to explore a better way of establishing Chinese TBT system according to WTO rules. Wish all these could lead China to better fulfil its commitment to WTO, enjoy the lawful rights under WTO structure and to protect its national interests.