Tackling Technical Barriers to PPE: Pathways to Mutual Recognition Agreements in the Post-Pandemic Future

ABSTRACT

As the coronavirus disease (COVID-19) continues to spread around the world, international trade has prompted widespread fears especially when it comes to the scramble of essential goods. Technical barriers to trade (TBT) are necessary to ensure the quality of exports, and for the protection of human, animal, and plant life or health. TBT varies from country to country and this issue is more pronounced when it comes to personal protective equipment (PPE) amid COVID-19. Mutual recognition plays an important role in facilitating the trade of essential goods, in particular during a pandemic. However, the number of existing mutual recognition agreements (MRAs) on essential goods for a pandemic is limited. It is envisaged that in the post-pandemic future, more countries will endeavour to negotiate MRAs on essential goods. However, issues such as origin-based bias under MRAs remain arguably unclear. This article seeks to analyse the role mutual recognition plays when it comes to trade in PPE in time of global pandemic, identify the issues with existing MRAs on PPE and suggest a model provision for the future MRA negotiations. © 2021 Kluwer Law International BV, The Netherlands