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技术性贸易壁垒正成为继边境措施后贸易自由化的主要障碍,因此成为“21世纪贸易协定”关注的重点议题。与TBT协定相比,TPP协定和绿色和平组织披露的TTIP草案对技术性壁垒规则做了重大发展,包括TBT-plus、监管一致性和监管合作等规则。鉴于TPP协定和TTIP草案对中国可能造成不利影响,中国宜主动根据上述规则对今后缔结的FTA和相关国内立法做出必要修改调整,包括明确和统一国际标准的含义、提高透明度要求、将产品附件作为FTA谈判的常设议题、适时将监管一致性规则全面纳入FTA中、修补监管合作规则等,同时应注意维持贸易自由化和监管自主权之间的平衡。
TBT is becoming a major obstacle to trade liberalization following border measures and therefore has become a key topic of concern for the 21st Century Trade Agreement. Compared with the TBT agreement, the TTIP draft disclosed by the TPP Agreement and Greenpeace has made significant progress in the TBT rules, including such rules as TBT-plus, regulatory compliance and regulatory cooperation. In view of the potentially adverse impact on China of the TPP Agreement and the TTIP Bill, China should take the initiative to make the necessary changes and adjustments to the future FTA and related domestic legislation in accordance with the above rules, including clarifying and unifying the meaning of international standards and enhancing transparency, As a permanent issue for FTA negotiations, the regulatory compliance rules should be fully integrated into the FTA in time and the regulatory cooperation rules should be amended. At the same time, care should be taken to maintain the balance between trade liberalization and regulatory autonomy.