Solution

·         Under the TBT Agreement, governments must ensure that TBT measures do not discriminate against foreign products (in favour of domestic producers), or between foreign producers (for example, by favouring one country over another) ·         Even if a technical regulation is nondiscriminatory, it could still fall afoul of the TBT Agreement because it restricts trade unnecessarily. Under the TBT Agreement, WTO members must pursue a legitimate objective when preparing, adopting or applying a TBT measure that restricts trade. ·         The TBT Agreement strongly encourages members to use "relevant" international standards, guides or recommendations "as a basis" for their regulations and standards.­ ·         Recognizing the difficulties and challenges that developing-country members may face with implementation, the TBT Agreement contains provisions both on technical assistance (Article 11) and on special and differential treatment (Article 12) – provisions which give developing countries special rights and which give developed countries the possibility to treat developing countries more favourably than other WTO members ·         Transparency is a cornerstone of the TBT Agreement. Transparency in the context of the TBT Agreement consists of three core elements:                       I.        provisions on the notification of draft technical regulations and conformity assessment procedures as well as the "one-time" notificatio n of each member’s organizational "set-up" for the implementation of the Agreement                     II.        the establishment of enquiry points and a notification authority                    III.        publication requirements for technical regulations, conformity assessment procedures and standards