VIII - ARTICLE 2.4 OF THE TBT AGREEMENT

Summary

Introduction

343. The United States and Mexico each appeal different elements of the Panel's findings under Article 2.4 of the TBT Agreement. The United States appeals the Panel's finding that the “AIDCP dolphin-safe definition and certification” constitute a “relevant international standard” within the meaning of Article 2.4 of the TBT Agreement. In particular, the United States appeals the Panel's intermediate finding that the AIDCP constitutes an “international standardizing organization” for the purposes of Article 2.4 of the TBT Agreement. Mexico appeals the Panel's conclusion that Mexico failed to demonstrate that the AIDCP standard is an effective and appropriate means to fulfil the objectives pursued by the United States.

344. The Panel interpreted the term “international standard” in Article 2.4 of the TBT Agreement to mean a “standard that is adopted by an international standardizing/standards organization and made available to the public”. The Panel in turn interpreted the term “international standardizing organization” to refer to “a legal or administrative entity based on the membership of other bodies or individuals that has an established constitution and its own administration, has recognized activities in standardization, and whose membership is open to the relevant national body of every country.” The Panel found that the “AIDCP dolphin-safe definition and certification” constitute a “standard”, that the AIDCP is an “international standardizing organization”, and that the AIDCP standard was made available to the public.