Kanton Glarus (IVTH)

Purpose and Content

1 This Agreement is concluded for the purpose of reducing technical

barriers to trade existing between Switzerland and other countries or

between the cantons.

2 The Agreement regulates

a. the cooperation of the cantons;

b. the organization of the Intercantonal Body on Technical Barriers to

Trade (Intercantonal Body) as well as its tasks and competences;

c. the financing of the activities of the Intercantonal Body.

Definitions

1 For the purpose of this Agreement, the following definitions apply

a. Technical Barriers to Trade: Impediments to the cross-border movement of products due to differing technical regulations or standards, due to the differing application of such regulations or standards, or due to the non-recognition, in particular, of tests, conformity assessments, registrations, or approvals;

b. Technical Regulations: Legally binding rules, the observance of which is a prerequisite for products to be offered, placed on the market, put into operation, used, or disposed of, in particular, rules regarding

1. the composition, properties, packaging, labelling, or conformity mark of products;

2. the manufacturing, transport, or storage of products;

3. the testing, conformity assessment, registration, approval, or the procedure for obtaining the conformity mark.

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c. Technical Standards: Non-legally binding rules, guidelines, or characteristics established by standard-setting organisations, which relate in particular to the manufacturing, composition, properties, packaging, or labelling of products, or to testing or conformity assessments.

2. Intercantonal Body

Organization

¹ For the implementation of this agreement, an Intercantonal Body on Technical Barriers to Trade shall be established, which shall organize itself through its own rules of procedure.

² Each cantonal government of the cantons participating in the agreement shall delegate one member from among its ranks to this Intercantonal Body.

³ The Intercantonal Body may, for the preparation and execution of its business

a. designate a steering committee,

b. a permanent or temporary secretariat,

c. permanent or temporary expert commissions. It shall regulate their tasks and competencies in an organizational regulation.

Tasks and Powers

1 The Intercantonal Body is responsible, in particular, for

a. issuing regulations regarding requirements for construction works

(Art. 6);

b. issuing guidelines for the enforcement of regulations concerning the

placing of products on the market (Art. 7 and 8);

c. issuing regulations concerning the placing of products on the mar-

ket (Art. 9);

d. coordinating its activities with the Confederation.

### Decision-Making

1. The Intercantonal Body adopts its decisions by a majority of 18 votes.

2. Each member has one vote.

3. Further details shall be regulated by the Intercantonal Body in its rules of procedure.

### 3. Intercantonal Regulations concerning Requirements for Structures

Principles

1 The Intercantonal Body shall issue regulations concerning requirements for buildings, insofar as the issuance of such regulations does not fall within the competence of the Confederation and proves necessary for the reduction of technical barriers to trade.

2 It shall take into account internationally harmonized standards. However, differing conditions in the cantons and municipalities of a geographical, climatic, or lifestyle nature, as well as differing levels of protection, may be considered.

3 These regulations are binding for the cantons.

4 Cantonal or communal provisions on local and landscape protection as well as monument preservation remain reserved.

4. Guidelines for the Cantonal Implementation of Federal Regulations on the Placing of Products on the Market

Principles

1 The Intercantonal Body shall issue guidelines, at the request of a canton or the

leading committee, for the harmonisation of the enforcement of provisions

regarding the placing of products on the market, insofar as the Confederation

has transferred these to the cantons.

2 These guidelines are binding for the cantons.

Guidelines in the Field of Placing Construction Products on the Market

1 The Intercantonal Body may issue enforcement guidelines in the field of

placing construction products on the market, particularly concerning

a. products that play only a subordinate role with regard to health and

safety;

b. products intended only for a single specific application.

2 These enforcement guidelines are binding for the cantons.

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5. Intercantonal Regulations on Placing Products on the Market

Principles

1 The Intercantonal Body shall issue regulations concerning the placing on

the market of products, insofar as the Confederation is not responsible or

has not issued any regulations and it proves necessary to dismantle

technical barriers to trade between the cantons or between the cantons

and foreign countries.

2 It may refer to internationally harmonized technical standards.

3 These regulations are binding for the cantons.

6. Finances

Distribution of Costs

1 The costs of the activities of the Intercantonal Body, its secretariat and the expert commissions shall be borne proportionally by the cantons participating in the agreement, according to their population.

7. Final Provisions

Publication of Regulations and Guidelines

1 The Cantons shall ensure the publication of the regulations and guidelines issued by the Intercantonal Body in accordance with their provisions.

Accession and Withdrawal

1. Accession to or withdrawal from this Agreement must be declared to the Intercantonal Body, which shall notify the Confederation thereof. Until the Agreement comes into force, the notification must be made to the Conference of Cantonal Governments.

2. Withdrawal shall take effect at the end of the third calendar year following the declaration of withdrawal.

Entry into Force

1 This Agreement shall enter into force when 18 cantons have acceded to it and it has been published in the Official Compilation of Federal Acts; for cantons acceding later, the Agreement shall enter into force upon the publication of their accession in the same official publication.

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