Technical Barriers to Trade

Technical barriers to trade are impediments to the international trade of goods. They result from different technical regulations, a different application of such regulations or the non-recognition of conformity assessments carried out in another country. Technical regulations apply, for example, to the composition, the packaging or the manufacturing of a product. They serve a greater public interest, such as public health and safety or the protection of the environment.

Switzerland has three instruments to reduce technical barriers to trade:

1. the autonomous harmonisation of Swiss technical regulations with those of the most important trade partners;
   
2. the conclusion of international agreements to this effect; and
   
3. the autonomous application of the «Cassis de Dijon principle». 

All three instruments are based on the Federal Law on Technical Barriers to Trade. 

The multilateral agreements of the WTO set out the international framework for the prevention and reduction of technical barriers to trade (TBT and SPS agreements). Switzerland also aims to further reduce technical barriers to trade through its bilateral free trade agreements.  

An overview of the Swiss technical regulations and measures to facilitate imports based on international agreements or the «Cassis de Dijon principle» can be found on SECO's Import Platform.  

Example of a technical barrier to trade

A technical barrier to trade occurs whenever a product meets all the regulations of market A but cannot access market B either because market B has different requirements, it applies identical requirements in a different way or it does not recognise the conformity assessment conducted in country A.

To give a practical example for a technical barrier to trade, consider the following case. Today, a lift built according to Swiss regulations, cannot be installed as such in a building in the USA. The Swiss provisions regulate solely the generally formulated essential requirements the products must meet (e.g. users’ safety). Any Swiss manufacturer - or EU, for that matter - decides independently how to meet those requirements, only having to show that they have indeed been met. This is presumed when the product was manufactured in line with product-specific technical standards (conformity assumption according to Federal Law on Product Safety art. 5, par. 2). In the USA, however, the product must meet the detailed US-specific technical regulations. They determine, for example, the minimal cable diameter. If the Swiss manufacturer uses several thinner cables, the lift does not meet American regulations and must be adapted.

To lower the trade barrier in this example, a first step would be to harmonise the Swiss and American product regulations. This would save the manufacturer costs because they would not have to design two different lift series. However, even if the regulations were harmonised, the conformity of the lift would still need to be assessed twice: once according to Swiss and once according to American technical regulations (double conformity assessment). In a second step, Switzerland and the USA could then mutually recognise their assessment results, provided they are conducted by a recognised conformity assessment body. In such a case, there would be no need for a double conformity assessment.

Federal Law on Technical Barriers to Trade (TBA)

The purpose of the Law on Technical Barriers to Trade is to avoid and reduce technical barriers to trade.

Mutual Recognition Agreements (MRA)

In a Mutual Recognition Agreement (MRA), the importing country pledges to recognise, under certain conditions, the conformity assessments carried out in the exporting country and vice versa.

Notification of technical regulations

In order to place goods on the market, domestic or international, any applicable technical regulation must be respected. International agreements stipulate that WTO members must be notified before technical regulations are passed or amended by a country. This procedure is called «notification».

Import Platform

For further information on how to place goods on the Swiss market and what regulations need to be met, please access the Import Platform.

«Cassis de Dijon principle»

According to the «Cassis de Dijon principle», products legally placed on the market in the EU and/or the EEA can be placed on the market in Switzerland without any further conformity assessment, although there are exceptions to the principle.

Conformity Assessment – Accreditation  

To ensure conformity with the technical regulations, a country defines conformity assessment procedures which attest that products meet all the applicable technical regulations. The competence of conformity assessment bodies is assessed and formally confirmed through an accreditation process.

Standardisation

The use of standards facilitate global trade. The interaction between technical regulations and standards as well as the duties of the Swiss Association for Standardization (SNV) are explained here.

Links

WTO

EFTA

Last modification 06.01.2023