12.8 It is recognized that members of developing countries may face particular problems, including institutional and infrastructure, in the preparation and enforcement of technical regulations, standards and compliance assessment procedures. It is also recognized that the special development and trade needs of members of developing countries, as well as their state of technological development, may hinder their ability to fully meet their obligations under this agreement. The members therefore take full account of this. In order to ensure that members of developing countries are able to comply with this agreement, the Technical Committee on Trade Barriers under Article 13 (designated in this agreement as a committee) may grant, on request, exemptions, in whole or in part, limited in time to the obligations under this agreement. In considering these applications, the Committee takes into account the specific problems related to the preparation and application of technical rules, standards and procedures for assessing compliance, as well as the specific development and trade needs of the developing country, as well as its technological evolution, which may compromise its ability to fully meet its obligations under this agreement. In particular, the Committee takes into account the specific problems faced by the least developed countries. 11.6 Members who are members or participants in international or regional compliance assessment systems advise other members, particularly members of the developing country, on their request, and provide technical assistance on agreed terms for the establishment of institutions and the legal framework for fulfilling obligations arising from membership or participation in these systems. 6.2 Members ensure that their compliance assessment procedures allow, as far as possible, the provisions of paragraph 1 to be applied. Although the TBT agreement applies to a wide range of industrial and agricultural products, health and plant health measures and procurement specifications are subject to separate agreements. The rules of the OBT agreement help distinguish between legitimate standards and technical rules and protectionist measures. Standards, technical rules and compliance assessment procedures must be developed and applied on a non-discriminatory basis, developed and applied in a transparent manner and, where appropriate, based on relevant international standards and guidelines.
12.4 Members recognize that members of developing countries, although international standards, guides or recommendations can be implemented under their particular technological and socio-economic conditions, adopt certain technical rules, standards or compliance assessment procedures in order to preserve domestic technologies and production methods that are compatible with their development needs. Members therefore recognize that members in developing countries should not be expected to use international standards as the basis for their technical regulations or standards, including testing methods, that are not adapted to their development, financing and trade needs.