New Build Heat Standard (amended) 2024: business and regulatory impact assessment

8. World Trade Organisation (WTO) notification

29. The impact of the original NBHS proposals was previously assessed (in 2023) with regard to the World Trade Organisation (WTO) Technical Barriers to Trade (TBT) Agreement as per the requirements of the Business and Regulatory Impact Assessment. This sets out that a measure must be notified if:

• it is a technical regulation (lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory);
• it has an impact on international trade (positive or negative); and
• is not based on international standards.

30. At the time, it was determined that the NBHS proposals did not constitute a technical regulation (as they did not require any changes to product characteristics, processes, or production methods). There was therefore no requirement to submit a TBT notification to the WTO. The position remains as the proposed amendment also does not constitute a technical regulation.