We note that the definition of the term “technical regulation” in Annex 1.1 of the TBT Agreement has already been examined by the Appellate Body: first in EC - Asbestos, and then again in EC - Sardines.[11]In those cases, the Appellate Body set out three criteria that a document must meet to fall within the definition of “technical regulation” in Annex 1.1:
“…First, the document must apply to an identifiable product or group of products. The identifiable product or group of products need not, however, be expressly identified in the document. Second, the document must lay down one or more characteristics of the product. These product characteristics may be intrinsic, or they may be related to the product. They may be prescribed or imposed in either a positive or a negative form. Third, compliance with the product characteristics must be mandatory. As we stressed in EC - Asbestos, these three criteria are derived from the wording of the definition in Annex 1.1. …”[12]
