Common use of Special and Differential Treatment Clause in Contracts

Special and Differential Treatment. Consistent with Articles 12.3, 12.4 and 12.9 of the TBT Agreement: (a) Each Party shall, in the preparation and application of technical regulations, standards and conformity assessment procedures, take account of the special development, financial and trade needs of developing country Parties, with a view to ensuring that such technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to exports from developing country Parties. (b) Parties recognise that, although international standards, guidelines or recommendations may exist, in their particular technological and socio-economic conditions, developing country Parties may adopt certain technical regulations, standards or conformity assessment procedures aimed at preserving indigenous technology and production methods and processes compatible with their development needs. Parties therefore recognise that developing country Parties should not be expected to use international standards as a basis for their technical regulations or standards, including test methods, which are not appropriate to their development, financial and trade needs. (c) During consultations, developed country Parties shall bear in mind the special difficulties experienced by developing country Parties in formulating and implementing technical regulations, standards and conformity assessment procedures and, in their desire to assist developing country Parties with their efforts in this direction, developed country Parties shall take into account the special needs of the former in regard to financing, trade and development.