• Advice

UK – India Free Trade Agreement (FTA) – Joint FSS and FSA Section 42 advice

Content: Advice

Published by:

  • Food Standards Scotland
  • Food Standards Agency

9. Chapter 7 - Technical Barriers to Trade (TBT)

8.1 This chapter supports the removal or reduction of technical barriers to trade in goods, while ensuring that products entering the UK market remain safe and of high quality.

It reflects a shared commitment to advancing the use of international standards, including those shaped by UK contributions. Technical Barriers to Trade are relevant to statutory protection for human health, including food safety and nutrition, as they include areas such as standards, conformity assessments, product labelling and food contact materials, often overlapping SPS measures. The Product Sectors listed in Annex 7A in this Chapter are not relevant to the scope of this advice.

8.2 Article 7.4 - Affirmation of the TBT Agreement

The affirmation of the Parties’ rights and obligations under the WTO TBT Agreement reflects a shared understanding that WTO provisions take precedence in the application of technical regulations, standards, and conformity assessment procedures. The agreed text therefore reinforces the UK’s right to adopt technical measures aimed at achieving legitimate public policy goals—such as the protection of human health and food safety—as set out in Article 2.2 of the WTO TBT Agreement and reiterates key provisions of that Agreement.


8.3 Article 7.5 - Standards, Guides and Recommendations

This Article reiterates the WTO principle that TBT measures should, where applicable, be grounded in relevant international standards. This includes, where relevant, standards and guidance set internationally at the Codex Alimentarius Committee in relation to food safety whenever they contain a TBT element. This reaffirmation does not constrain the UK’s regulatory autonomy, nor does it necessitate changes to existing statutory protections related to food safety or nutrition. Additionally, the text encourages cooperation between national conformity assessment bodies, supporting mutual understanding and facilitating smoother trade while maintaining high standards of consumer protection.

8.4 Article 7.8 - Marking and Labelling

The Article promotes fair and transparent labelling rules, ensuring imported goods are treated no less favourably than domestic ones. It supports flexible labelling approaches—like post-import corrections and multilingual labels—provided they don’t compromise public health or safety, and aligns with WTO TBT principles. All these features are in line with UK legislation on marking and labelling and common practice.

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