WORLD TRADE  
ORGANIZATION  TN/MA/W/120 
15 September 2009 
 
 (09-4323) 
Negotiating Group on Market Access Original:   English 
  
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Agreement on Non-Tariff Barriers Pertaining to Standards, Technical Regulations, 
 
and Conformity Assessment Procedures for Automotive Products  
 
Communication from the United States 
 
 
 The following communication1, dated 10 September 2 009, is being circulated at the request of 
the delegation of the United States. 
 
_______________ 
 
Members,  
 
Recalling that pursuant to paragraph 16 of the Doha Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or as appropria te eliminating tariffs and non-tariff barriers on 
non-agricultural products;  
Recognizing the important contribution of automotiv e products to global economic growth 
and development;   
Desiring to ensure that technical regulations, standards, and conformity assessment 
procedures do not create unnecessary obstacles to international trade  in automotive products;  
 
Affirming their existing rights and obligations under the WTO Agreement, including the 
Agreement on Technical Barriers to Trade (TBT Agreement);  
Recognizing  that no Member should be prevented fro m taking measures that are necessary for 
the protection of human, animal or plant life or health, of the environment, or for the prevention of 
deceptive practices, at the levels it considers appropria te, subject to the requirement that they are not 
applied in a manner which would constitute a mean s of arbitrary or unjustifiable discrimination 
between countries where the same conditions prevail or  a disguised restriction on international trade, 
and are otherwise in accordance with the provisions of this Agreement;  
 
Recognizing  that no country should be prevente d from taking measures necessary for the 
protection of its essential security interests; and     
Seeking  to supplement and elaborate on the TBT Ag reement with respect to standards, 
technical regulations, and conformity assessment procedures pertaining to automotive products;  
 
Agree as follows:  
 
                                                     
 
1 This is a revision to the text circulated in JOB(08)/46. TN/MA/W/120 
Page 2  
 
  I. DEFINITIONS 
 For purposes of this Agreement: 
 
 Appropriate international standardizing body means a body that when preparing a 
standard applies the principles set out in the Decisions and Recommendations adopted by the 
Committee since 1 January 1995 , G/TBT/1/Rev.8, 23 May 2002, Section IX (Decision of the 
Committee on Principles for the Development of International Standards, Guides and 
Recommendations with relation to Artic les 2, 5 and Annex 3 of the Agreement ) (Committee Decision ) 
issued by the WTO Committee on Technical Barriers to Trade (TBT Committee), including paragraph 
11 of the Committee Decision  as elaborated in paragraph III.A, and observes the principle of openness 
set out in paragraph 6 of the Committee Decision ;  
  
 Automotive product  includes any product classifiable under the Harmonized System 
subheadings specified in Annex I of this Agreement; 
 
 Central government body means a central government body as defined in Annex 1 of the 
TBT Agreement; 
 
 Standard, technical regulation, or  conformity assessment procedure  means respectively a 
standard, technical regulation, or conformity assess ment procedure as defined in Annex 1 of the TBT 
Agreement that pertains to an automotive product; and 
 
 Supplier  means any party that supplies the product and may include a manufacturer, 
distributor, or importer.  
II. SCOPE AND COVERAGE    
A. This Agreement shall apply with respect to any automotive product.   
 
B. Members assume obligations under this Agreem ent only with respect to standards, technical 
regulations, and conformity assessment pr ocedures of central government bodies. 
 C. This Agreement shall not apply to purchasing specifications prepared by governmental bodies 
for production or consumption re quirements of governmental bodies. 
 
D. Any reference in this Agreement to standard s, technical regulations, or conformity assessment 
procedures shall be construed to include any am endment thereto and any additions to product 
coverage or other provisions thereo f, except amendments and additions  of an insignificant nature, to 
the extent such amendment or additio n pertains to an automotive product. 
 
III. STANDARDS, TECHNICAL REGULATIONS, AND CONFORMITY ASSESSMENT 
PROCEDURES 
International Standards 
 
A. In determining whether an international standard, guide or recommendation within the 
meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists pertaining to automotive 
products, each Member shall base its determination on the principles set out in the Committee 
Decision , including whether the standardizing body takes into account relevant regulatory or market 
needs and scientific and technological devel opments as set out in paragraph 11 of the Committee 
Decision  when preparing a standard, guide or recomme ndation.  “Relevant regulatory or market needs 
and scientific and technological developments” sha ll include the technical and economic feasibility of 
alternative approaches to the standard under developm ent, the relative benefits  and cost-effectiveness 
of alternative approaches, and the best available technology.  TN/MA/W/120 
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  Good Regulatory Practice  
 
B. Where a Member prepares or proposes to adopt a technical regulation or conformity 
assessment procedure, it shall:  
(1) consider, inter alia , costs of complying with the proposed technical regulation or 
conformity assessment procedure; and 
 (2) assess the available regulatory and non-re gulatory alternatives to the proposed 
technical regulation or conformity assessment procedure that may fulfil the Member’s 
legitimate objective, such as market incen tives or other voluntary mechanisms, or 
considering a product to meet the Member’s  requirements if it conforms with a 
relevant alternative in ternational standard. 
  Members are also encouraged to ensure that their technical regulations and conformity 
assessment procedures are based on the princi ples of “good regulation” set out in the OECD Guiding 
Principles for Regulatory Quality and Performance  (2005).   
 
Harmonizing Technical Regulations a nd Conformity Assessment Procedures 
 
C. With a view to harmonizing technical regul ations and conformity assessment procedures on 
as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the 
preparation by appropriate international standardiz ing bodies of international standards, guides and 
recommendations pertaining to automotive products.    D. Where a technical regulation or conformity assessment procedure is required and a relevant 
international standard, guide or recommendation does not  exist or its completion is not imminent or it 
would be an ineffective or inappropriate means fo r the fulfilment of the legitimate objectives pursued, 
a Member shall consider using, as a basis for its technical regulation or conformity assessment procedure, another Member’s technical regulation or  conformity assessment procedure, or the relevant 
parts of it, that is not inconsistent with the WTO Agreement [ Note: need to reference this agreement 
and other DDA agreements as well, with the precise na me of those agreements to be determined later ] 
and has been developed in accordance with paragraphs E and G.   
 
Transparency   
 
E. Further to Articles 2.9 and 5.6 of the TBT Agreement, where a Member prepares or proposes 
to adopt a technical regulation or conformity assessm ent procedure that may have a significant effect 
on trade of other Members, the Member shall, with a view to providing meaningful opportunity for comment and without discrimination am ong Members or interested parties: 
 
(1) publish, in print or electronically, the proposed technical regulation or conformity 
assessment procedure at the earliest appropria te stage, in such a manner as to enable 
interested parties to become acquainte d with it and to submit written comments 
before the Member finalizes it;
 2 
                                                      
2 When a Member publishes a proposed technical regulation or conformity assessment procedure in 
accordance with this subparagraph, it sha ll be deemed to have satisfied the pertinent obligation in Articles 2.9.1 
and 5.6.1 of the TBT Agreement to publish a notice of the proposed technical regulation or conformity 
assessment procedure. TN/MA/W/120 
Page 4  
 
  (2) to the extent applicable, identify in any notification it makes pursuant to Article 2.9.2 
or 5.6.2 of the TBT Agreement any provisions  of the proposed technical regulation or 
conformity assessment procedure that deviate in substance from relevant international standards, guides, or recommendations; 
 
 (3) upon request from another Member, provide particulars with respect to the proposed 
technical regulation or conformity assessment procedure concerning: 
 
(i) how the Member took or plans to take into account the elements set out in 
paragraph B; 
 
(ii) where applicable, the Member’s r easons for determining that relevant 
international standards, guides or recommendations do not exist or are not imminent or that using relevant inte rnational standards, recommendations, or 
guides as a basis for its measure would be an ineffective or inappropriate 
means for the fulfilment of the legitimate objectives pursued; and 
 (iii) any provisions of the measure that  are based on another Member’s standard, 
technical regulation, or conformity assessment procedure and, if the Member based its measure on two or more Members’ standards, technical regulations, or conformity assessment procedures, the Member’s reasons therefore. 
 
(4)  upon request from an interested party, pr ovide copies of and particulars concerning 
the proposed technical regulation or conform ity assessment procedure, including with 
respect to the elements descri bed in subparagraph (3)(i)-(iii):  
 
(5) normally allow not less than 60 days for Members to comment in writing on the 
proposed technical regulation or conformity assessment procedure; 
 (6) (i) allow reasonable time for interested pa rties to comment in writing on the proposed 
technical regulations or conformity assessment procedure, which normally shall not be less than 60 days,
3 and (ii) take into account any such comments; and 
 
(7) publish, in print or electronically, any written comments it receives from Members or 
interested parties on the proposed technical regulation or conformity assessment procedure. 
 
 Members shall comply with the obligations set out in this paragraph and Articles 2.9 and 5.6 
of the TBT Agreement regardless of whether re levant international standards, guides, or 
recommendations exist or the technical content of the proposed technical regulation or conformity 
assessment procedure is in accordance with rele vant international standards, guides, or 
recommendations.    
F. Where urgent problems of safety, health, envi ronmental protection, or national security arise 
or threaten to arise for a Member, the Member ma y omit such steps enumerated in paragraph E as it 
finds necessary, provided that the Member shall w ithout discrimination among Members or interested 
parties: 
                                                     
 
3 Each Member shall publish a notice, in print or  electronically, specifying the comment period and 
give favourable consideration to reasonable re quests from interested parties to extend it.  TN/MA/W/120 
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  (1) to the extent applicable, identify in any notification it makes pursuant to 
Article 2.10.1 or 5.7.1 of the TBT Agreement any provisions of the technical regulation or conformity assessment pro cedure that deviate in substance from 
relevant international standards, guides or recommendations; 
 
(2) upon request, provide other Members partic ulars concerning the elements described 
in paragraph E(3)(i)-(iii) with respect to the technical regulation or conformity assessment procedure; 
 (3)  upon request, provide interested parti es copies of and particulars concerning the 
technical regulation or conformity assessment procedure, including with respect to 
the elements described in paragraph E(3)(i)-(iii); 
 (4) (i) allow interested parties to submit co mments in writing on the technical regulation, 
or conformity assessment procedure; and (ii) take these comments into account in 
deciding whether to modify the technical regulation or conformity assessment 
procedure.  
 
G. Further to Article 4.1 and Annex 3 of the TBT Agreement, where a Member proposes to prepare or adopt a standard, it shall, with a view  to providing meaningful opportunity for comment 
and without discrimination among Members or interested parties: 
 
 (1) publish, in print or electronically, the proposed standard at the earliest appropriate stage, in 
such a manner as to enable interested parti es to become acquainted with it and to submit 
written comments before the Member finalizes it; 
 
(2) notify other Members through the Secretaria t of the proposed standard at the earliest 
appropriate stage, including the products the pr oposed standard covers, together with a brief 
indication of its objective and rationale and, to the extent applicable, any provisions of the 
standard that deviate in substance from rele vant international standards, guides, or 
recommendations; 
 
(3) upon request from another Member or interest ed party, provide particulars concerning the 
proposed standard, including with respect to the elements described in paragraph E(3)(ii)-(iii); 
 (4) upon request, discuss written comments it receives from Members and take the results of 
those discussions into account in finalizing the proposed standard; and 
 (5) publish, in print or electronically, an y written comments it received from Members or 
interested parties on the proposed standard. 
  Each Member shall provide for standardizing bodi es within its territory to apply paragraphs L 
and M of Annex 3 to other Members as well as to inte rested parties within the territory of a Member 
of the WTO.  H. When publishing a standard, technical regulation,  or conformity assessment procedure that it 
has adopted, or if paragraph F applies, as soon as possible after publication of the adopted standard, 
technical regulation or conformity assessment proc edure, each Member shall publish, in print or 
electronically:  TN/MA/W/120 
Page 6  
 
   (1) its responses to any significant issues raised in comments it received from Members 
or interested parties during the comment period;
4 and  
 
(2) the objective and rationale for prepari ng or adopting the standard, technical 
regulation, or conformity assessment procedure.  
 
I. Each Member shall ensure that its proposed  and final standards, technical regulations and 
conformity assessment procedures, as well as any relevant penalties, are published in a single official journal of national circulation, and shall encourag e their distribution through additional outlets.   
 
J. Except in those urgent circumstances referre d to in paragraph F, Members shall allow a 
reasonable period of time between the publication of  a technical regulation or conformity assessment 
procedure and the date(s) on which compliance w ith the technical regulation or conformity 
assessment procedure becomes mandatory to allo w time for producers in exporting Members, and 
particularly in developing country Members, to adapt to the requirements of the importing Member.  
Where conformity with a technical regulation would re quire a substantial change in automobile design 
or technology, a reasonable period of time shall usua lly be not less than 18 months after the date of 
publication.  A Member shall consider reasonable requests from a Member or interested party to 
extend the period between publication and the da te(s) on which compliance with the technical 
regulation or conformity assessment procedure be comes mandatory, particularly in circumstances 
where conformity with the technical regulation wo uld require a substantial change in automobile 
design or technology.  
 K. Each Member shall publish, on an annual basis, a regulatory agenda which includes any 
standard, technical regulation, or  conformity assessment procedure that it reasonably expects to issue 
in proposed or final form within no less than the following 12 month period.   
 
Testing    
 
L. If a Member requires test results (alone or in conjunction with other assurances of 
conformity) or other assurances of conformity that are based on test results as an assurance that an automotive product conforms with a standard or techni cal regulation, it shall not require the testing to 
be performed in a testing facility within its territory  and shall accept the test results if the testing is 
performed in another Member’s territory by a fac ility that the importing Member deems competent or 
approves for that purpose.  Each Member shall permit  a testing facility in another Member’s territory 
to demonstrate that it meets any requirements to be deemed competent or otherwise approved by the 
Member.  If the importing Member requires the testing facility to comply with requirements 
concerning the testing of automotive products for conformity with the standard or technical 
regulations or requires the body that accredits the testing facility to comply with requirements 
concerning that accreditation, it shall ensure  that such requirements are based on: 
 (1) a relevant international standard, guide or recommendation that has been developed 
in accordance with the TBT Agreement and the Committee  Decision ; or  
 
(2) a conformity assessment procedure that the Member has adopted and published in 
accordance with the provisions of paragraphs E and H.  
 M. If a Member determines that: 
 
                                                     
 
4 For greater certainty, if a Member or an interested party submits comments during the comment 
period that concern the elements described in subparagra phs 3(i)-(iii), the Member shall publish its response to 
such comments.  TN/MA/W/120 
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  (1) test results or other information that a supplier of an automotive product has 
submitted to the Member to demonstrate that  the product conforms to the Member’s 
technical regulations fails to de monstrate such conformity; or 
 (2) a testing facility in the territory of another Member does not meet the Member’s 
requirements to be deemed competent or otherwise approved, 
 it shall immediately notify, in the case of subparagr aph (1), the supplier of the automotive product 
and, in the case of subparagraph (2), the testing f acility the reasons for its determination and indicate 
the corrective action that if taken would remedy the deficiency. 
 
National Treatment of Conformity Assessment Bodies 
 
N. Each Member shall accord to conformity assessment bodies in the territory of any other 
Member treatment no less favourable than that it accords to conformity assessment bodies in its own 
territory with respect to the procedures, criteri a, and other conditions with which conformity 
assessment bodies must comply in order for the Memb er to accredit or otherwise approve them as 
competent to test or certify that an automotive product conforms with the Member's standard or 
technical regulation.  
Procedures for Review  
 
O.   
(1) Each Member shall establish or maintain  judicial, quasi-judicial, or administrative 
tribunals and procedures for the purpose of the prompt review and, where warranted, 
correction of its final administrative acti ons relating to technical regulations and 
conformity assessment procedures.  Each Memb er shall ensure that such tribunals are 
impartial and independe nt of the office or authority entrusted with administrative 
enforcement and do not have any substantial interest in the outcome of the matter, 
and that proceedings before such tribuna ls are transparent and comply with due 
process of law.   
 
 (2) Each Member shall establish or maintain procedures for it to review, at 
regularly-scheduled intervals, its techni cal regulations and conformity assessment 
procedures to determine whether such measur es should be modified or eliminated so 
as to make the Member’s regulatory pr ogram more effective in achieving the 
legitimate objective(s) pursued.  In reviewi ng its technical regulations and conformity 
assessment procedures to determine whethe r such measures should be modified or 
eliminated, relevant elements of consid eration include whether such technical 
regulations and conformity assessment pr ocedures have become unnecessary or 
outdated by reason of changed circumstances, such as fundamental changes in technology.   
 
IV. INFORMATION  
 
 Nothing in this Agreement shall be construed to require a Member to furnish or allow access 
to confidential information the disclosure of whic h would impede law enforcement or otherwise be 
contrary to the public interest or which woul d prejudice the legitimate commercial interests of 
particular enterprises, public or private.  TN/MA/W/120 
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  V. MONITORING AND OVERSIGHT 
 
 A Subcommittee on Automotive Products (S ubcommittee) is hereby established as a 
subcommittee to the TBT Committee to oversee the operation and implementation of this Agreement 
and further its objectives and to provide a foru m for discussions on any matter related to this 
Agreement.  The Subcommittee shall: 
 
(1) comprise representatives of each Member; 
 
(2) elect its own Chairman and apply the TBT Committee working procedures; 
  
 (3) meet to review the implementation and ope ration of this Agreement (a) at least every 
six months during the first 30 months after th e date this Agreement enters into force, 
and (b) thereafter at least once every 12 months; and   
(4) report to the TBT Committee with a view to complementing and not duplicating the 
work of that Committee, and to this e nd, communicate to the TBT Committee the 
results of its review conducted pursuant to subparagraph (3). 
  
VI. DISPUTE SETTLEMENT 
  Article 14 of the TBT Agreement shall apply mutatis mutandis to this Agreement. 
 
[Note:  need to further consider relations hip with Dispute Settlement Understanding]  
 
VII. FINAL PROVISIONS  
 [Note: Need to consider  final provisions to be in cluded in this Agreement, su ch as entry into force, 
withdrawal, amendment, WTO Secretariat to service Agreement, deposit etc. B items included, for 
example, in the various UR WTO agreements] 
 
   TN/MA/W/120 
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  Annex I 
 
Harmonized System Subheadings 
Vehicles Parts Parts Parts 
870120 381900 842123 854430 
870210 382000 842131 870710 
870290 400950 842139 870790 
870322 401010 842549 870810 
870323 401110 842691 870821 
870324 401120 843110 870829 
870331 401210 848210 870831 
870332 401220 848220 870839 
870333 401310 848240 870840 
870390 401593 848250 870850 
870421 401693 848310 870860 
870422 401699 850132 870870 
870423 681310 850710 870880 
870431 681390 850730 870891 
870432 700711 850790 870892 
870490 700721 851110 870893 
870600 700910 851120 870894 
 731816 851130 870899 
 732010 851140 871690 
 732020 851150 871899 
 830120  851180 902910 
 830210 851190 902920 
 830230 851220 902990 
 840734 851230 910400 
 840820 851240 940120 
 840990 851290 940190 
 840991 851991 940340 
 840999 851993 940350 
 841330 852520 940390 
 841391 852721 980200 
 841430 852729  
 841459 853180  
 841520 853641  
 841583 853910  
 841590 853921  
 
 
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