WORLD TRADE  
ORGANIZATION  TN/MA/W/135/Rev.1 
4 August 2010 
 (10-4162) 
Negotiating Group on Market Access Original:   English 
 
 
 
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Understanding to facilitate the implementation of the  
TBT Agreement as applied to trade in the chemical products sector  
 
Communication from Argentina, Brazil and India 
 
Revision  
 
  The following communication, dated 2 August 2010, is being circulated at the request of the 
delegations of Argentina, Brazil and India. 
 
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UNDERSTANDING TO FACILITATE THE IMPLEMENTATION OF THE  
TBT AGREEMENT AS APPLIED TO TRADE IN THE CHEMICAL PRODUCTS SECTOR
1 
 
Members, 
 
 Recalling  that, in accordance with paragraph 16 of the Doha Ministerial Declaration and 
paragraph 22 of the Hong Kong Ministerial Declar ation, Members agreed to  negotiations aimed at 
reducing or as appropriate elimin ating tariffs and non-tariff barr iers on non-agricultural products 
through specific negotiating proposals;  
 
 Recognizing  that the continued existence of non-tari ff barriers in the chemical sector acts as a 
disincentive to participation in international trad e, leading to an adverse impact in a sector of 
importance for small and medium-sized enterprises; 
  Emphasizing  the need of addressing specific concerns related to chemical sector, such as 
registration requirements, labelli ng and data quality requirements schemes such as the recognition of 
compliance with principles on good laboratory practice or laboratory accreditation, according to the data requirements, in order to ensure that they are not designed, adopted or applied with a view to or 
with the effect of creating unnecessar y obstacles to international trade; 
 
 Recognizing also  that, some issues which affect trade in  chemical sector (such as, good 
regulatory practices and some conformity assessment procedures) may also have a negative impact on 
trade of other products, and should be considered  and, as appropriated, negotiated at a horizontal 
level. 
 
                                                     
 
1 This text proposal is intended as a work-in-progress and does not prejudge the final position of 
co-sponsors on this issue.   TN/MA/W/135/Rev.1 
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   Highlighting  the importance that registration requi rements, labelling and data quality 
requirements schemes such as the recognition of compliance with principles on good laboratory 
practice or laboratory accreditation, according to th e data requirements, are based on international 
standards. 
 
 Reasserting that nothing in this Understanding shall be interpreted as preventing Members 
from taking measures consistent with the TBT Agr eement to fulfil legitimate objectives such as, inter 
alia: national security requirements; the prevention of  deceptive practices; protection of human health 
or safety, animal or plant life or health, or the environment;  
 
 Desiring  to facilitate trade in chemicals by reduc ing the transaction costs for compliance with 
the technical regulations and conformity assessment procedures 
 
 Recognising  the need to supplement and elaborat e upon the existing provisions of the 
Agreement on Technical Barriers to Trade (TBT Agreement) as applied to chemical products 
 
 Hereby, agree as follows, 
 
I. SCOPE 
1. This Understanding covers re gistration requirements, labelling,  data quality requirements 
schemes such as the recognition of compliance w ith principles on good laboratory practice or 
laboratory accreditation, according to the data requireme nts, and labelling, related with chemical lines 
(HS Chapters 28-39), with the exception of those in cluded in an Annex A to be agreed by Members.  
 
II. REGISTRATION 
1. When a Member designs, adopts or applies a sy stem of registration of products covered by 
this Understanding, it shall take into account: 
 -   Cost and benefits to producers and consumers, including that of third parties, as well as its 
impact on international trade.  
 -   Other available regulatory and non-regulatory alternatives that may fulfil the Member's 
legitimate objectives and are less trade restrictive. 
 And ensure that: 
 
-   It accords treatment not less favourable to the imported chemical products covered by this 
Agreement than that granted to domestic products. 
 
-  Costs associated with registration, including costs related to the production and submission of 
data required in a process of registration,  are not an unnecessary, unreasonable or 
disproportional obstacle to access to that Member's  market. In particular, the impact of such 
costs for small and medium companies shall be taken into account. 
 
-  Procedures are not excessively complex or constitute an unnecessary, unreasonable or 
disproportionate obstacle to access to that Member's market. 
 
- It does not in effect disincentivise sourci ng of preparations, articles and polymers from 
foreign suppliers 
  TN/MA/W/135/Rev.1 
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  - Data on products originating from the territory  of other Members, which are obtained in a 
process of registration, are granted the necessar y level of confidentiality to ensure that 
legitimate commercial interests are protected .  
 
2.  Member's registration requirements shall be pr oportional to the risk that products covered by 
this Understanding present for human health or safety, animal or plant life or health, or the 
environment, according to the risk assessment carri ed out on the basis of  scientific information 
available.  
2.1  Members shall not require registration of pr oducts covered by this Understanding utilized as 
inputs in different steps of the manufacture of impor ted goods, unless there is scientific evidence that 
the utilization of such products as inputs, in th e condition they are present in the imported goods, pose 
a risk for human health or safety, animal or plant life or health, or the environment.  
 2.2  Members shall not require registration of pr oducts covered by this  Understanding contained 
in imported goods when such products are not inte nded to be released, unless there is scientific 
evidence that those products, in the condition they  are present in the imported goods, pose a risk for 
human health or safety, animal or plant life or health, or the environment.
 
 
3.  Members shall give positive consideration to  the exception from registration of products that 
are included in another WTO Member register, when it has the similar level of requirements and fulfils the same legitimate objectives.  
 
3.1  With that purpose, Members shall endea vour to negotiate Mutual  Recognition Agreements 
and participate in international initiatives ai med at harmonizing registration requirements. 
 
III. DATA QUALITY REQUIREMENTS SCHEMES SUCH AS THE RECOGNITION OF 
COMPLIANCE WITH PRINCIPLES ON GOOD LABORATORY PRACTICE AND 
ACCREDITATION OF LABORATORIES  
1.  Members shall endeavour to negotiate Mutu al Recognition Agreements in order to reduce 
costs associated with laboratories accreditati on and data quality requirements schemes.  
 
2.  Members shall also endeavour to participate in plurilateral initiatives aimed at facilitating the 
recognition of data from laboratories, such as the recognition of compliance with principles on good 
laboratory practice, according to the data requirement s. Relevant sectoral international standards shall 
be taken into account . 
 
IV. LABELLING 
1.  The substance labelling requirements must not be disproportionate to the assessed risk of that 
substance and thereby act as an unnecessary obstacle to trade.  
 2.  Members recognize the key role of the Globally Harmonized System of Classification and 
Labeling of Chemicals (GHS) in international effort s to harmonize labeling re quirements for chemical 
products, and commit themselves to progressively implement GHS in their domestic legislation    V. ASSESSMENT  
 Before adopting or amending a technical regulation that may have a significant effect on trade 
of the products covered by this Understanding, Members shall endea vour to conduct an assessment of 
the expected impact on the exports of other Member s. Such assessment shall take into consideration TN/MA/W/135/Rev.1 
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  possible regulatory and non-regulatory alternatives. Upon request, Members shall provide the 
information on assessment, wherever available in written format. 
  
VI. SPECIAL & DIFFERENTIAL TREATMEN T AND TECHNICAL COOPERATION 
 Developed Member countries shall provide, upon request and under terms and conditions 
mutually agreed with developing countries and le ast developed countries, technical cooperation to 
ensure compliance with registration and data qua lity requirements schemes such as the recognition of 
compliance with principles on good laboratory practices or laboratory accreditation, according to the data requirements . When granting such cooperation to least de veloped countries, it shall be taken into 
account the specific constraints that those countries face in terms of, inter alia , technology, capacity 
building and financial assistance, necessary to ensu re adequate laboratory capacity to generate the 
data required by developed Memb ers' registration procedures. 
 
ANNEX A 
 (List of products excluded of this Understanding). 
  
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