The hottest WTO technical barriers and CE certific

2022-08-01
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WTO, technical barriers and CE certification

since July 1 this year, the EU has officially banned PVC.

China has the richest labor market and the potentially largest commodity market in the world. China's accession to the WTO is bound to integrate with the world economy and technology. With the influx of foreign capital and world advanced technology, China is bound to become a commodity processing plant in the world. What follows is that our products must also be exported to the world. At present, under the framework agreement of WTO rules, import restrictions such as tariff, non-tariff, quota and license continue to fade in the world economy, while technical barriers represented by laws, technical regulations, standards and conformity assessment procedures have gradually become the main obstacles in international trade

wto requires all Member States of its organization to promise to abide by the wto/tbt agreement on technical barriers to trade: to realize international trade liberalization and facilitation, regulate the trade behavior and obligations of member states in terms of technical barriers. Encourage WTO members to adopt international standards as the basis for their technical regulations, standards and conformity assessment procedures; When there are no applicable international standards or it is necessary to formulate national technical regulations, standards and conformity assessment procedures that are inconsistent with international standards, and such documents will have a significant impact on international trade, they shall be reported to the WTO headquarters at the draft stage of document formulation for international coordination

wto/tbt regulations on technical regulations

various government directives, documents, standards (including packaging, marks, labels) and applicable management regulations that impose mandatory requirements on product characteristics and related processes and production methods are technical regulations and should be enforced. The technical regulations formulated by the contracting parties must comply with the following basic principles:

avoid unnecessary trade barriers; Based on legitimate objectives, i.e. national security, prevention of fraud; Protect personal health and safety, and protect the life and health of animals and plants; To protect the environment, measures that require imported products, processing methods and processing procedures to comply with national or group technical specifications on a fair and scientific basis cannot be called trade barriers

non discrimination, most favored nation treatment and national treatment

coordination: international standards, guidelines and recommended principles should be adopted as much as possible (due to climatic factors, geographical factors, basic technical conditions, etc., it can be another matter)

equivalence and mutual recognition

principle of transparency: early notification, provision of information and consideration of the views put forward by other parties; And the principle of formulating technical regulations based on product performance rather than design or description

wto description on technical regulations, standards and conformity assessment procedures:

(extracted from Annex 1 of the wto/tbt agreement on technical barriers to trade: terms and definitions of this Agreement)

1 Documents that specify product characteristics or corresponding processing and production methods, including applicable administrative (Management) regulations, enforced by technical regulations. It may also include or specifically give terms, symbols, packaging, marking or labeling requirements applicable to products, processes or production methods

2. The standard

is a document approved by a recognized organization and is not mandatory. It provides rules, guidelines or characteristics for products or their processing and production methods for general or repeated use. A standard may include or specifically specify terms, symbols, packaging, marking, or labeling requirements applicable to a product, process, or production method

3. Conformity assessment procedure

any procedure directly or indirectly used to determine whether the corresponding provisions of technical regulations or standards are met

note: conformity assessment procedures include, in particular, sampling, testing and inspection procedures; Evaluation, verification and conformity assurance procedures; Registration, recognition and approval and their integrated procedures

ce certification

ce is the abbreviation of French conformity é Europ é enne (European conformity assessment), which is a unique mandatory safety certification mark of the EU. The CE mark affixed to the product indicates that it complies with the basic requirements of European directives and harmonized standards. The basic requirements in the directive refer to public safety, health, environmental protection and consumer protection

ce mark is regarded as a pass for products to enter the EU market. It involves% of products imported into Europe

in the EU market, "CE" is a compulsory certification mark and is regarded as a passport for products to enter the European market. Whether the products are produced by enterprises within the European Union or by other countries, they must be affixed with the "CE" mark to indicate that the products comply with the basic requirements for product health and safety specified in the resolution directive 85c136/01 on new methods for technical coordination and standardization approved by the European Council on may7,1985

1) Regulations (rules): the most important legislative form in the EU, it is mandatory and has three characteristics:

universal applicability: it is applicable to all legal subjects in the EU

full binding force: it not only stipulates the achievement of the objectives, but also specifies the action methods to be taken to achieve the specified objectives. It is not only prohibited not to fully implement the regulations, but also prohibited member states from adopting domestic administrative measures or domestic legislation to implement regulations (regulations)

direct applicability: it directly exerts legal effect on natural and legal persons in Member States, without requiring and prohibiting Member States to transfer by any domestic legislation or administrative measures. Regulations are the legal basis for establishing the European single market

regulations (rules) are mandatory. There are illegal punishment means, and civil or criminal investigation shall be conducted

2) Directive (technical regulations): the framework stipulates the basic safety requirements that products should meet and enforces them. It is the main measure to establish a single European market

the new method resolution approved by the European Council in 1985 requires that "all new method directives for transparent materials with excellent comprehensive properties must be accompanied by conformity assessment policies". The decision on the global conformity assessment method approved by the European Council in 1989 (hereinafter referred to as the "global method") supplements the 1985 "new method" resolution, indicating that there are more methods to prove that products meet the basic requirements of the directive, That is, the manufacturer can choose the form of conformity assessment to prove that the product meets the basic requirements of the directive, but it must be tested and certified by a third party

"global approach" puts forward a comprehensive policy and basic framework for conformity assessment, and specifies the principles and objectives for controlling conformity assessment of industrial products in the European market, that is, it specifies the conformity assessment methods and "CE" marking principles specified in the technical coordination directive. In 1993, the Council 93/465/eec "rules on the procedures at various stages of conformity assessment and the affixing and use of the" CE "conformity mark intended for the technical coordination directive" put forward the guidelines for the adoption of conformity assessment in the technical coordination Directive: that is, the objective of conformity assessment should enable the government authorities to ensure that the products put on the market meet the basic requirements of the directive, especially the safety and health requirements of users and consumers

3) coordination standard: within the EU, the process of formulating unified requirements for products is called "coordination"

the European community established an integrated market as early as the 1960s, and has done a lot of work in coordinating technical regulations and standards. Due to the complex formulation procedures and too specific instructions, it can not adapt to the situation of rapid technological development

On may7,1985, the Council of the European Union adopted the new method for technical coordination and standardization, which stipulated that the directive only involved the "basic requirements" for safety, health, property and environmental protection that must be met before products are put on the market, while the technical specifications that meet the basic requirements were formulated by the European Organization for Standardization in the form of "harmonized standards"

European standardization organizations include: European Committee for Standardization (CEN), European Electrotechnical Standardization Committee (CENELEC) and European Telecommunications Standards Institute (ETSI). The standards formulated according to the standardization power of attorney issued by the European Commission are called harmonized standards. All products that meet the harmonized standards can be regarded as meeting the basic requirements of the new method directive, so that they can be freely circulated in the EU market. At present, there are about 10000 EU harmonized standards

standard: a document approved by a recognized organization, which is not mandatory and provides rules, guidelines or characteristics for products or their processing and production methods for general and repeated use. A standard may include or specifically give information on the requirements for symbols, packaging, marking, or labeling applicable to a product, process, or production method

the "harmonized standards" approved by the European Organization for standardization provide technical specifications for the basic requirements of the directive. It is a "fast track" to meet the basic requirements of instructions. A tool that "infers compliance with the basic requirements of the directive on this basis" - products that meet the harmonized standards can be freely circulated in the EU market. The implementation of harmonized standards is voluntary. According to the regulations of the European Organization for standardization, each member state must publish the title and code of the harmonized standard in the official gazette of the European Union, and indicate the corresponding new method directive

4) conformity assessment procedures: in 1989, the EU "global method for certification and testing" stipulated that conformity assessment procedures should be adopted to effectively implement the new method directive, opening up another channel to meet the requirements of the directive only after compliance with harmonized standards. In order to improve the conformity assessment procedures, the global method was supplemented in 1990 and 1993. Approved in 1993, the "Regulations on various conformity assessment procedure models and CE marking at different stages of the technical coordination directive" (93/465/eec). The CE marking is specified and eight derived modes are added to the original eight basic modes of conformity assessment

conformity assessment procedure: directly or indirectly use any procedure to determine whether the technical regulations or standards are met. Conformity assessment procedures include sampling, testing and inspection procedures; Evaluation, verification and conformity assurance procedures; A comprehensive procedure for registering, recognizing and approving them

the conformity assessment procedure is divided into eight modes: internal production control, EC type test, compliance with type requirements, production quality assurance, product quality assurance, product verification, single piece verification and formal quality assurance. (as shown in the following table)

mode a production internal control involves internal design and production control, and the designated agency is not required to take any action.

mode B EC type inspection involves the design stage, but must be evaluated in a mode of conformity assessment at the production stage. "EC type examination certificate" is issued by the designated authority

mode C sample inspection involves the production stage. After mode B, it is ensured that the type described in mode B "EC type inspection certificate" is met, and the designated authority participates in phase B

mode D production quality assurance involves the production stage, which is carried out after mode B. it originates from the quality assurance standard EN ISO9002, is participated by the designated agency responsible for approving and controlling the production quality system, and the manufacturer determines the final product inspection and test

mode e product quality assurance involves the production stage. After mode B, it originates from the quality assurance standard EN ISO9003 and is participated by the designated agency responsible for approving and controlling the production quality system. The purpose is to approve and control the final product inspection and testing determined by the manufacturer

mode f product verification involves the production stage. After mode B, the designated authority is responsible for controlling the type described in mode B "EC" type inspection certificate "and Issuing the certificate of conformity

mode G single piece verification involves the design and production stages, and each single piece of product is the responsibility of

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