Trade, testing and toasters : bringing conformity assessment procedures into the spotlight

Even if firms adapt to technical regulations and standards in an export market, they still must prove compliance by undergoing conformity assessment procedures (CAPs), such as testing, inspection or certification. Duplication, delays or discrimination in CAPs can significantly increase trade costs, and this risk is reflected in their growing importance in World Trade Organization (WTO) discussions and bilateral and regional free trade agreements. This article conducts an empirical study of the trade issues that WTO Members encounter with CAPs as described in specific trade concerns (STCs) raised in the WTO Committee on Technical Barriers to Trade (TBT) during 2010-2014. We observe that CAPs raise proportionally more concern among WTO Members than technical regulations do, and that testing and certification are the procedures that most frequently give rise to trade problems. The authors present the legal discipline applicable to CAPs under the TBT Agreement, describe the actors involved in their implementation as well as the common features of CAPs, and finally present with case studies how Members characterize CAP-related trade concerns in light of the framework of the TBT Agreement