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Question 2: Characteristics and manifestations of technical barriers to trade 1. Extensive. From the product point of view, it includes not only primary products, but also all intermediate products and industrial finished products. The higher the processing level and technical level of products, the more obvious the constraints and influences. From the process point of view, it covers the whole life cycle of products, from research and development, production, processing, packaging, transportation, sales to consumption. From the field, it has expanded from tangible goods to financial information, service trade, environmental protection and other fields. From the form of expression, it involves laws, decrees, regulations, requirements, procedures and other aspects.
2. Concealed. Technical barriers to trade have a strong concealment in implementing trade protection. First, technical barriers to trade treat all countries equally in theory, and are not limited to one country, thus avoiding the obvious unreasonable and discriminatory distribution of non-tariff measures such as import quotas and import licenses; Second, the technical barriers to trade have a wide coverage, complex contents and flexible forms, which are difficult for exporting countries and exporters to adapt to, and their purpose of restricting imports is achieved through indirect means. Third, technical barriers to trade widely use safety, hygiene and environmental standards as weapons to restrict imports, which easily shifts people's attention from trade protection to human health and environmental protection, thus being more concealed.
3. rationality. The formulation of technical regulations, standards and inspection procedures is mainly to protect national security and consumer interests, so it has its reasonable side. The WTO Agreement on Technical Barriers to Trade does not deny the rationality and necessity of the existence of technical barriers to trade in various countries, but only requires that technical barriers to trade should not hinder normal international trade and should not be discriminatory.
4. complex. Technical Barriers to Trade (TBT) is more complicated than other non-tariff barriers such as quotas and licenses, because it involves a wide range of technologies and applications. WTO allows countries to formulate different technical standards according to their own characteristics, such as geography and consumption habits. Therefore, it is not easy to prove whether technical standards hinder normal international trade.
5. flexibility. The continuous development of technology and the diversification of technical barriers to trade provide conditions for the flexible use of technical barriers to trade, which are also easier to implement than other tariff barriers.
6. It has a great impact. Although technical barriers to trade are required to minimize the impact on trade, in general, once technical barriers to trade have an impact, their degree is far greater than that of tariff and general non-tariff barriers. Moreover, some technical barriers to trade are prone to chain reaction, that is, from one country to many countries, even the whole world.
Question 3: How should China deal with foreign technical barriers to trade?
Implement standardization strategy according to international standards
In practice, popularizing and using international standards is the fundamental way to reduce international trade friction, break through technical barriers to trade and expand commodity exports. By the end of 200 1 9744 national standards in China, only 862 1 adopted international standards and advanced foreign standards, the adoption rate was only 43.7%, while most WTO members adopted about 70%. Among these 86,265,438+0 standards, most of them are equivalent or non-equivalent, and only about 65,438+00% are equivalent. The following measures should be taken: ① Transformation standard. Organize special manpower and material resources, seriously study and actively promote the use of international standards or advanced standards of developed countries, and convert them into equivalent standards in China, so as to determine the direction and purpose of enterprise production and technological transformation, promote the technological progress of enterprises, and then improve the product quality and technical level of enterprises; ② Actively participate in the formulation of international standards. At present, many international standards are transformed from national standards or enterprise standards of developed countries, which fully embodies the interests and economic and technological level of developed countries, while few international standards are formulated under the leadership of China, which is unfavorable to China. Actively participating in the formulation, revision and coordination of international standards will undoubtedly help to break through the restrictions of TBT.
Implement enterprise and product certification strategy
Enterprises should actively carry out and strengthen ISO9000 and ISO 14000 certification. Enterprises have obtained ISO9000 quality management system certification, and paying attention to the quality assurance of industries or professions derived from it is conducive to promoting China's quality management level to the international level and gaining a good reputation in the international market; At the same time, enterprises should obtain ISO 14000 environmental management system certification. At present, the impact of this certification on international trade is increasing day by day, and many multinational companies or * * * purchasing companies have gradually put forward requirements for environmental certification for suppliers. The certification of environmental management system and environmental products is called the certification of "double green strategy" and is a "green passport" to break the technical barriers to trade.
In addition, enterprises, especially labor-intensive enterprises, should attach great importance to the certification of SA8000. SA8000 "Social Responsibility Standard" is the first international moral standard in the world. It is reported that China's clothing, toys, shoes, furniture, sports equipment, daily hardware and other products exported to Europe and America have already reached the requirements of SA8000. In September, 2002, a shoe factory in Zhongshan City, Guangdong Province, was shut down for two months because it failed to meet the minimum wage standard stipulated by local laws. In July of the same year, due to the poisoning incident of female workers, a Taiwan-funded shoe factory once fell into the dilemma of withdrawing all orders. However, more enterprises lost their export orders because they could not meet the requirements of SA8000. In a word, if we don't pay enough attention and get the certification in time, SA8000 will become another new technical barrier to trade for China enterprises.
Develop environmental protection industry and implement sustainable development strategy.
* * * Formulate preferential policies in finance, credit and taxation, support and encourage the development of environmental protection industry, regard the cultivation of environmental protection industry as the focus of upgrading the export industrial structure and a new economic growth point to promote the development of national economy, give preferential policies to environmental protection industry, increase investment in environmental protection industry, and promote environmental protection industry to take the road of sustainable development of technological progress, ecological environmental protection and rational development and utilization of resources; Enterprises regard the development of environmental protection products as an important measure to optimize the export product structure and expand the international market share, start from the source, ensure the quality of processing raw materials, implement cleaner production, adhere to the road of "winning by quality" and realize the sustainable development of export trade. At the same time, it is necessary to strengthen environmental law enforcement and implement the "green environmental protection sign" system; "Green Bank" and "Green Industry Fund" should be established to provide special loans and credit guarantee funds for the development and export of environmental protection products.
Strategies for comprehensively enhancing the comprehensive competitiveness of enterprises and products
On June 5438+1 October1,2005, the EU will implement the Directive on Amending the Energy Efficiency Directive of Refrigerators (2003/66/EC). The new indicators in this directive are A+ and A++, and products that do not meet this directive will be phased out. Haier products took the lead in passing the European Class A energy efficiency standard as early as 1999. In 2002, six models were the first to pass the European A+ energy-saving standard, and in 2003, four models passed the European TNO testing organization A+ energy-saving certification, and obtained energy-saving subsidies, so that China's energy-saving refrigerators were exported to Europe ...
Question 4: What are the contents of technical barriers to trade? Technical Barriers to Trade (TBT) refers to some compulsory or voluntary technical measures taken by a country or regional organization on the grounds of safeguarding national or regional security, safeguarding human health and safety, protecting animal and plant health and safety, protecting the environment, preventing fraud and ensuring product quality. These measures have created subjective or objective obstacles to the free entry of goods, services and investments from other countries or regional organizations into the domestic or regional markets. Technical barriers to trade can be divided into narrow sense and broad sense. In a narrow sense, technical barriers to trade mainly refer to the technical regulations, standards and conformity assessment procedures stipulated in the WTO Agreement on Technical Barriers to Trade. Broad technical barriers to trade also include inspection and quarantine measures for animals and plants and their products, packaging and labeling requirements, green barriers and information technology barriers. In fact, they often appear in the form of technical regulations, standards and conformity assessment procedures. It should be noted here that only technical trade measures beyond reasonable limits will form obstacles to trade, and normal barriers will have a positive effect on the development of international trade.
1. Technical regulations, standards and conformity assessment procedures
Technical regulations refer to the relevant product characteristics or related processes and production methods that must be enforced, including: laws and regulations; * * * Orders, decisions and rules issued by the department; Technical specifications, guidelines, guidelines and instructions; Requirements for special terms, symbols, packages, signs or labels. Many mandatory standards are also part of technical regulations. Technical regulations generally involve national security, product safety, environmental protection, labor protection, energy conservation and so on. , some of which are requirements of the review process. A technical standard refers to a document that is recognized by a recognized institution and does not enforce the rules, guidelines or characteristics of products or related processes and production methods. The requirements for special terms, symbols, packaging, signs or labels are also part of the standard. At present, there are a large number of technical standards, including industry standards, national standards and many international standards, which have a great impact on international trade. Conformity assessment procedure is any procedure that is directly or indirectly used to determine whether the relevant requirements of technical regulations or standards are met. In particular, it includes sampling, inspection and inspection; Evaluation, verification and conformity assurance; Registration, accreditation and approval, and combinations of the above. The conformity assessment procedure generally consists of authentication, recognition and mutual recognition, among which the third-party authentication has the greatest influence. Certification can be divided into product certification and system certification. Product certification mainly means that the product conforms to technical regulations or standards. Among them, because the safety of products is directly related to the life and health of consumers, the safety certification of products is mandatory. System certification refers to confirming that the production or management system conforms to the corresponding regulations. At present, the most popular system certification in the world is ISO9000 quality management system certification and ISO 14000 environmental management system certification. Industry system certification includes QS9000 automobile industry quality management system certification and TL9000 telecom product quality system certification; Have OHSAS 1800 1 occupational safety and health management system certification.
In international trade, it is easy for some countries to rely on technical standards and regulations to make technical barriers to trade be worthy of the name, clever formulation, legal form and hidden means, which makes exporting countries lament, which is embodied in the following aspects: there are many technical standards and regulations, and exporting countries cannot prevent them; Strict technical standards make it difficult for developing countries to achieve; Some standards, after careful design and research, can be used to form technical barriers to products from some countries.
2 product quarantine and inspection system and measures
Animal and plant quarantine measures refer to animal health and plant health measures taken to protect the lives or health of human beings and animals and plants. These measures include: measures to protect human life from additives, pollutants, toxins and exotic animal and plant diseases and insect pests in food and drink; Take measures to protect animals from additives, pollutants, toxins and exotic pests and diseases in feed; Measures to protect plants from exotic pests and diseases; Measures to prevent the introduction of foreign pests and diseases from causing harm; Laws, regulations, requirements, standards and procedures related to the above measures. Inspection commodities are divided into statutory inspection commodities and temporary inspection commodities. The products most affected by this are food and medicine. Food mainly includes pesticide and veterinary drug residues, additives in processing, plant and animal diseases and insect pests, other pollutants, health and safety regulations in production and processing, etc. Some have regulations not only on the processing technology and equipment, but also on the surrounding environmental conditions, such as > >
Question 5: What products does TBT affect in China? Technical barriers mainly refer to the trade barriers formed by mandatory and non-mandatory commodity standards and regulations formulated by commodity importing countries and the conformity assessment of inspection commodities, that is, through the formulation of laws, decrees, regulations and rules, technical standards, certification systems and inspection systems are established. Establish strict technical, health and quarantine, commodity packaging and labeling standards for foreign imported goods, thus improving the technical requirements of products and increasing the difficulty of import. As far as the specific situation of technical barriers in international trade is concerned, the developed countries such as the United States, Japan and the European Union have formulated harsh technical standards, technical regulations and technical certification systems by virtue of their own technological and economic advantages, which greatly restricted the export trade of developing countries. Therefore, it is of great significance to study the technical barriers implemented by developed countries in international trade, both for China's export trade and the production of enterprises.
By adopting technical measures, especially adopting international standards, and obtaining international system certification, product certification and certification of other industries, we can adjust and optimize the product structure of enterprises, improve their own technical level and production efficiency, and improve product quality. This is the positive role of technical barriers to trade.
Question 6: What are the main manifestations of technical barriers to trade (1)?
The definition of technical regulations in WTO/TBT agreement is: "Documents that specify mandatory product characteristics or related processes and production methods, including applicable management regulations. The document may also include or be dedicated to special terms, symbols, packaging, signs or labeling requirements applicable to products, processes or production methods. "
This definition shows that technical regulations refer to some enforceable documents. It involves not only the characteristics of the product itself, but also the processing technology, production method and technology of the product, as well as the requirements of terms, symbols, packaging, signs or labels related to the product characteristics, processing technology, production method and industry (agriculture). The WTO/TBT agreement requires members to formulate technical regulations based on product performance rather than its design or description characteristics.
(2) standard
The definition of standard in WTO/TBT agreement is: "A document approved by a recognized institution, which specifies the rules, guidelines or characteristics of products or related processes and production methods, and does not force universal use or repeated use. The document may also include or be dedicated to special terms, symbols, packaging, signs or labeling requirements applicable to products, processes or production methods. "
(3) conformity assessment procedures
The definition of conformity assessment procedure in WTO/TBT agreement is: "any procedure directly or indirectly used to determine whether the relevant requirements in technical regulations or standards are met." At the same time, an explanatory note is given: "The conformity assessment procedures include: sampling, testing and inspection; Evaluation, verification and conformity assurance; Registration, any and all approvals and combinations thereof. "
The main manifestations of technical barriers to trade can be summarized as follows:
(1) Promulgate various mandatory technical regulations.
(2) Formulate strict technical standards.
(3) Implement strict conformity assessment procedures.
(4) Using industrial property rights and intellectual property rights to form technical protection.
(5) Other forms of technical barriers.
Question 7: What are your views and suggestions on technical trade measures? Second, improve the establishment of early warning and rapid response mechanism; Third, strengthen bilateral and multilateral cooperation, exchanges and negotiations; Fourth, increase the construction of standardization system and promote substantive participation in international standardization activities; Fifth, strengthen the tracking and research of technical trade measures in global regional trade agreements and free trade agreements; 6. Actively apply for technical assistance from W TO and relevant developed countries, extend the adaptation period or transition period for the implementation of relevant technical trade measures, and enhance China's ability to adapt to foreign technical requirements; Seven, strengthen capacity building, strengthen the construction of state key laboratories, in order to effectively improve the technical support ability of inspection and quarantine laboratories and the ability of testing system to serve foreign trade.
Question 8: The present situation of technical barriers to trade in China With the gradual weakening of the influence of tariff barriers on trade, technical barriers to trade have gradually become a means to safeguard national interests. According to the news released by the Ministry of Commerce, in 2003, the number of notifications of TBT and SPS in the world increased significantly, with a surge of 528 cases compared with 2002, and the growth rate was six times that of the previous year, which was the largest increase since 1995. In this context, in recent years, a considerable number of traditional superior products in China have frequently encountered foreign technical barriers, and their exports have been blocked, and some have even been forced to withdraw from the market. The latest survey by the Ministry of Commerce shows that foreign technical barriers are increasingly affecting China's exports. In 2002, 7 1% of China's export enterprises and 39% of its export products were restricted by foreign technical barriers, resulting in a loss of $654,380+07 billion, equivalent to 5.2% of the export volume of that year. In 2003, the Ministry of Commerce conducted an investigation on the impact of foreign technical barriers on the export of 3/kloc-0 provinces, autonomous regions, municipalities directly under the central government and 5 cities with separate plans in 2002, covering 6 import and export industries, including food and animal husbandry, light industry, electromechanical, textile, Minmetals chemical industry and medical insurance, and 2/kloc-0 import and export products. China's agricultural products, light industry, electromechanical, textile and garment, Minmetals chemical industry, medical treatment and other exports are restricted by technical barriers, among which agricultural products are the most seriously affected. According to statistics, in 200 1 year, about $7 billion of China's export products were affected by foreign technical barriers. In 2002, Asia, Europe, America and other regions set up more than 20 technical trade barriers to China's agricultural products, which led to a decline of 32.9% in China's poultry meat products, 4. 1% in livestock products and 16.7% in bee products. China's export enterprises are mainly restricted by technical barriers in European Union, USA, Japan, South Korea and other countries and regions. Among the export enterprises restricted by technical barriers, 40% are restricted by the European Union, 27% by the United States, 25% by Japan and 8% by other countries and regions such as South Korea.