The Panel in Tuna-Dolphin GATT (I and II) did not clarify this issue, but found in this case that safe identification of dolphins was a technical regulation because of the second sentence. Therefore, it can be assumed that the labelling of NPRP-PPM products is now within the scope of technical rules.  The CTA ensures that technical regulations, standards, testing and certification procedures do not create unnecessary trade barriers. The agreement prohibits technical requirements that are created to restrict trade, contrary to technical requirements created for legitimate purposes, such as consumer or environmental protection.  Its objective is to avoid unnecessary barriers to international trade and to recognize all WTO members in order to protect legitimate interests on the basis of their regulatory autonomy, although they encourage the application of international standards. The list of legitimate interests that may justify a trade restriction is not exhaustive and covers the protection of the environment, health and safety of people and animals.  Where international standards exist, members use them as the basis for their technical regulations, standards and compliance assessment procedures, unless, in certain circumstances (e.g. B for climatic or technological reasons), their use appears inadequate or ineffective to achieve the objective pursued (s. 2.4, 5.4 and Appendix 3.D).  This decision has been criticized for over-extending the term “mandatory,” making the distinction between technical rules and standards meaningless.  A standard is a document approved by an accredited body that sets out guidelines or characteristics that are not mandatory. It may contain terminology, symbols, packaging or labelling requirements and may apply to a product, process or manufacturing process. Standards differ from technical regulations in that they are not binding.
Although they are voluntary, producers often have no choice but to respect them for commercial practice.  If a measure is found to be a technical regime, it is governed by Article 2 OEE. If a measure is a technical regulation and not a standard question of whether it is “mandatory.” Schedule 1 of the OBTR lists three categories of physical measures; technical rules, standardization and compliance assessment. The Community Asbestos Appeals Body considered this to be a limited category of measures.  These criteria are broader than all obligations relating to the content of technical rules, which ensure that all issues that will be dealt with at a later date can be identified as soon as possible. However, in the event of “urgent security, health, environmental protection or national security issues,” Article 2.10 provides for an alternative procedure to expedite the procedure. The TBT agreement can be divided into five parts. The first part defines the scope of the agreement, which does not include “industrial and agricultural products” but not sanitary and plant health measures.