Nie Zi Lu: Legal Countermeasures To Straddle The Green Trade Barrier Of Textiles

In recent years, with the economy

Because of differences in technology, environmental protection level and economic development level, the green trade barriers set by developed countries are not easy for developing countries.

At present, the green trade barriers faced by textiles include: Eco textile standards (including International Eco textile standards - Oeko-tex Standard 100), green signs and green technology regulations.

As eco textiles represent a new trend in global consumption and production, Oeko-Tex Standard l00 has become a green passport for the production and circulation of eco textiles throughout the world.

Therefore, under such a background, it is of great significance to explore a new green trade barrier that spanned the standard of eco textiles.

Oeko-Tex Standard l00 is formulated and revised by the International Association for Textile Ecology Research and testing (Oeko-Tex).

Since its introduction in 1992, the standard has been revised annually and has become the most influential and authoritative technical standard of ecological textiles in the world.

Oeko-Tex Standard l00 emphasizes the ecological safety of the product in order to limit harmful chemicals in the final products of textiles.

The criteria for limiting harmful substances or items are: pH, formaldehyde, sensitizing dyes, carcinogenic dyes, heavy metals, pesticides, phthalic acid two esters, color fastness, volatility, odor testing, etc.

If the textile meets the requirements specified in the standard, the manufacturer can authorize the suspension of Oeko-Tex Standard 100 registration label on the product.

The certificate is valid for one year and can be renewed after expiration.

The advantages of Oeko-Tex Standard l00 are mainly reflected in its implementation of open and voluntary application principles, which is consistent with WTO's non discriminatory, pparent and open trade principles.

Oeko-Tex Standard l00 is a double-edged sword.

Its implementation is conducive to promoting the improvement of technology and product quality, promoting the orderly and sustainable development of international trade, and promoting the health of human beings and the environment. However, it is also easy to become a trade barrier for developing countries, resulting in the increase of textile costs and the decline of market competitiveness.

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At present, China's textile standards mainly include: GB 18401-2010 "national textile product basic safety technical specification", GB/T 18885-2009 "ecological textile technical requirements", HJDZ 30-2000 "ecological textiles" and so on. In certification and evaluation, there are mainly CQC ecological textile products certification and eco textile product safety certification mark.

These textile standards and certification are extremely important for regulating and guiding the production and trade of Chinese textiles, protecting people's health and ecological environment.

However, it should be noted that the construction of China's textile green standard system still lags behind the requirements of international trade, mainly in the following aspects: (1) the formulation of standards does not take into account the actual performance of textiles and the practical needs in their applications; (2) the review and revision of standards are lagging behind, and the cycle is long; (3) the overall level of eco textile standards is not high, and the standards for safety and environmental protection are relatively low; (4) the status and efficiency of ecological textile standards are uncertain and the pparency is not high; (5) the adoption of International standards is not enough; (6) the coordination of ecological textiles standards is poor, and the harmonization of them is not uniform, so it is urgent to clean up.

Technical standard is the premise of ensuring product quality.

In the existing law

Extraterritorial experience tells us that carrying out eco textile certification is a more effective measure to overcome the green trade barriers of textiles.

Therefore, we should actively promote the international standard and certification system of ecological textiles, so as to drive the improvement of product quality and break through the green trade barriers.

First, promote international mutual recognition of ecological textiles to enhance product quality.

If a country's certification and accreditation fails to comply with international rules, its certification results will not be recognized internationally.

To this end, we should strengthen the construction of textile qualification assessment capability, carry out international mutual recognition, and enhance the international influence of China's textile conformity assessment agencies.

Two, we should reform and improve the certification system for ecological textiles.

In 2009, China promulgated the "compulsory product certification management regulations", and imposed a compulsory certification system on textiles related to people's health and safety, environmental protection and public safety.

However, there is a lack of voluntary product certification system.

Therefore, we should intensify the formulation of the "voluntary product certification management regulations", clarify the basic rules that should be observed in the textile voluntary certification, stipulate the applicable objects, application conditions, review standards and procedures, management agencies, dispute resolution, and legal responsibilities of the eco textile technical standard certification, and formulate specific implementation measures to ensure its implementation.

Three is to strengthen the supervision of certification bodies.

At present, the textile certification body has an official body, a foreign certification branch, and a non-governmental organization with varying qualifications.

In this regard, we should formulate and improve the certification management rules based on international standards and strengthen supervision.

The four is to strengthen exchanges and cooperation with other countries.

In the negotiation of international treaty making and revision, we should prevent all attempts to set up green trade barriers and trade protectionism in order to safeguard national interests.