b'8.2. NAFTAs model of mutual recognition When it comes to mutual recognition ofIn comparison, the EU has attempted to technical measures (e.g. sanitary andestablish the free movement of services disease protection measures, technicalvisvis member state recognition of barriers to trade), NAFTA follows the WTOdiplomas and other, equivalent formal mode. NAFTA specifically sets standards inqualifications. Harmonisation of professional accordance with the Technical Barriers tostandards was attempted for 20 professions Trade Agreement (TBT) administered by thein the mid-1970s. However, this only led to WTO. This sets out international standardsvery few approved directives (for doctors, with which the NAFTA countries comply.general care nurses, dentists, veterinary As long as the final productadheres tosurgeons, midwives, pharmacists and these standards, it is not necessary for thearchitects). The lack of success of that means of producing the final productto beharmonisation process pushed the EU to harmonised. Note that the procedure usedconsider a mutual recognition approach. to determine whether a productconforms to the relevant standards must be fair andLanguage and other cultural differences equitable.between member states, ignorance of the principle of Mutual Recognition (and of In addition, legally, NAFTA states are notits operational benefits for users, be they obliged to harmonise standards. Accordingmember states or economic operators), as to a US negotiator, NAFTA will help facilitatewell as limitations on the transfer of pension and encourage harmonisation of standardsrights and differences between tax systems, but not guarantee it.31 have all proved obstructive. They make the movement of professionals within the EU In terms of the Agreement on Technicalvery difficult.34Barriers to Trade, NAFTA states:Compare that with NAFTAs operation of a The Parties affirm with respect to eachscheme acceptable to its member states, other their existing rights and obligationsbut which leaves each free to set their own relating to standards-related measuresindividual standards and the assumption is under the GATT Agreement on Technicalthat those are most compatible with their Barriers to Trade and all other internationalown society and the individual professions agreements, including environmental andwithin them. conservation agreements, to which those Parties are party32 The legislatures of the three sovereign independent states are still completely free Just one example illustrating NAFTAs Mutualto legislate as they wish provided that there Recognition process is the 2002 Mutualis no discrimination or disguised technical Recognition Agreement for Engineers.33 Thisbarriers. provides for the common understanding of the qualifications of an engineer, allowingAgain, the key point of mutual recognition in his or her applicationto be assessedNAFTA is comparability, not conformity. consistentlythroughoutauthorities inComparability is based on assessment Canada, the US and Mexico.procedures that help facilitate the smooth flow of services and capital across borders. There are many similar MRAs relating toStandards and regulations do not have to other professions.be the same; they must simply fulfill the countrys legitimate objectives.35134'