WORLD TRADE  
ORGANIZATION  TN/MA/W/103/Rev.1 
20 May 2008 
 
 (08-2325) 
Negotiating Group on Market Access  
  
 
 
 
       
DRAFT MODALITIES FOR NON-AGRICULTURAL MARKET ACCESS 
 
SECOND REVISION 
 
20 May 2008 
 TN/MA/W/103/Rev.1 
Page 2  
 
   
Draft NAMA modalities
 
 
Second Revision  
 Preamble
 
1. In paragraph 16 of the Doha Ministerial Decl aration, we agreed "to negotiations which shall 
aim, by modalities to be agreed, to reduce or as appropriate eliminate tariffs, including the 
reduction or elimination of tariff peaks, high tariffs, and tariff escalation, as well as non-tariff 
barriers, in particular on products of expor t interest to developing countries.  Product 
coverage shall be comprehensive and without a priori  exclusions.  The negotiations shall take 
fully into account the special needs and interests of developing and least-developed Members, including through less than full reciprocity in reduction commitments, in accordance with the 
relevant provisions of Article XXVIII bis of GATT 1994 and the provisions cited in 
paragraph 50 of the Doha Ministerial Declarati on. To this end, the modalities to be agreed 
will include appropriate studies and capacity- building measures to assist least-developed 
countries to participate effectively in the negotiations." 
 
2. Further to the Doha Deve lopment Agenda (DDA) mandate , and building on the results 
reached in Annex B of the General Counc il Decision of 1 August 2004 (the "NAMA 
Framework") and paragraphs 13 to 24 of the H ong Kong Ministerial Declaration, we hereby 
establish the  following modalities for the non-agri cultural market access (NAMA) 
negotiations which shall  be applicable to all non-agricu ltural tariff lines as defined in 
Annex 1.    
 
3. The results of the application of these modalities shall be reflected in schedules of 
concessions which shall be submitted and finalized in the Harmonized System 2002 nomenclature and prepared in accordance with document [JOB(06)/99/Rev.2].  Initial, comprehensive, draft schedules shall be subm itted no later than three months after the 
establishment of modalities. 
 4. These modalities do not create a new category or  sub-category of WTO Members, nor do they 
create a precedent for future negotiations.  In applying these modalities, existing bindings 
shall not be raised except as provided by Article XXVIII of GATT 1994. 
 
Formula
 
5. The following formula shall apply on a line-by-line basis: 
 
 {a or (x or y or z)} x t 0 
t1  =    
 {a or (x or y or z)} + t 0 
where , 
t1  = Final bound rate of duty 
t0  = Base rate of duty  
a  = [7-9] = Coefficient for developed Members 
x  = [19-21], y = [21-23], z = [23-26] to be determined as provided in paragraph 7 = 
Coefficients for developing Members.   TN/MA/W/103/Rev.1 
 Page 3 
 
 
  Elements regarding the formula  
6. (a) Product coverage sha ll be comprehensive without a priori exclusions.   
 
(b) Tariff reductions or elimination sha ll commence from the bound rates after full 
implementation of current concessions; howev er, for unbound tariff lines, a constant, 
non-linear mark-up shall be applied to establish base rates for commencing tariff 
reductions as follow: applied rate plus [20  percentage points] [30 percentage points] 
[30 percentage points for those applied rates which are equal to or less than (the coefficient x 0.5) and either 20 percentage  points for those applied rates higher than 
(the coefficient x 0.5) or (the coefficient x 0.5 + 30 percentage points), whichever is 
higher].  
 
(c) The base year for MFN applied tariff rates shall be 2001 (applicable rates on 
14 November). 
 
(d) All non- ad valorem  duties shall be converted to ad valorem  equivalents on the basis 
of the methodology outlined in document TN/MA/20 and bound in ad valorem  terms. 
 
(e) The reference period for im port data shall be 1999-2001. 
 
(f) The first reduction shall be implemented on 1 January of the year following the entry 
into force of the DDA results and each su ccessive reduction shall be made effective 
on 1 January of each of the following years,  except as otherwise provided. The tariff 
reductions for developed Members shall be impl emented in [4 - 5] years (i.e. [5 - 6] 
equal rate reductions) and for developing Me mbers in [8 - 10] years (i.e. [9 – 11] 
equal rate reductions), except as otherwise provided.  
 Coefficient and flexibilities for develo ping Members subject to the formula
 
7. Developing Members subject to the formula sha ll be granted the flexibility to choose to apply 
the coefficient and flexibilities in paragraph 7(a) or 7(b) or 7(c).   
 
(a) Coefficient x in the formula and either:  
 
(i) less than formula cuts for up to [ 12-14] percent of  non-agricultural national 
tariff lines provided that the cuts are no  less than half the formula cuts and 
that these tariff lines do not exceed [12-19]  percent of the total value of a 
Member's non-agricultural imports;  
  o r  
  
(ii) keeping, as an exception, tariff lines unbound, or not applying formula cuts 
for up to [6-7] percent of non-agricultural national tariff lines provided they do not exceed [6-9] percent of the total value of a Member's non-agricultural imports
1.    
                                                      
 1 It is understood that the options in sub-paragraph 7(a) (ii)  and 7 (b) (ii) (keeping tariff lines unbound 
or not applying formula cuts) may be combined but cannot together exceed the applicable percent of tariff lines 
and total value of a Member’s non-agricultural imports.   TN/MA/W/103/Rev.1 
Page 4  
 
  (b) Coefficient y in the formula and either:  
 
(i) less than formula cuts for up to [10]  percent of  non-agricultural national 
tariff lines provided that the cuts are no  less than half the formula cuts and 
that these tariff lines do not exceed [1 0] percent of the total value of a 
Member's non-agricultural imports;  
  o r  
 
(ii) keeping, as an exception, tariff lines unbound, or not applying formula cuts 
for up to [5] percent of non-agricultural national tariff lines provided they do not exceed [5] percent of the total value of a Member's non-agricultural 
imports
1.    
 
(c) Coefficient z in the formula without recourse to flexibilities. 
 
(d)  [As an exception, South Africa shall have recourse to [1-6] additional percentage 
points in the flexibility provided under paragraph 7(b)(i).] 
 
(e)  [As an exception, the Bolivarian Republic  of Venezuela shall apply a treatment 
similar to that for Small, Vulnerable Economies as follows: [target average bound 
tariff plus minimum line-by-line cut].] 
 (f)  [The flexibilities provided under paragraph 7 shall not be used to exclude entire 
HS Chapters.] [The flexibility in paragra ph 7 shall not be used to exclude from the 
full formula cut entire HS Chapters, or to exclude from any four digit heading in a 
Member's tariff schedule:  (1) more than [half] of the six-digit sub-headings in that heading;  or (2) any combination of six-digit sub-headings or national tariff lines in 
that heading representing more than [50] pe rcent of the total value of the Member's 
imports of goods classifiable within that heading.  For the purposes of subparagraph (1), if a Member uses flexib ilities with respect to any national tariff line 
in a six-digit subheading, it shall be deemed to have excluded that six-digit subheading.] 
 
(g)  [Exclusively for the calculation of the value of trade limitation, a Member may 
choose between:  (a) the 1999-2001 reference period specified in paragraph 6(e); or 
(b) the most recent three year period for which data is available.] 
 
(h)  [A customs union which submits a single list of flexibilities shall calculate the 
percentage for the value of trade (VOT) limitation in paragraph 7 as follows: 
 
 VOT % =   Sum of total customs union NAMA imports under flexibilities 
                                        Sum of total customs union NAMA imports 
  
 Intra-customs union trade values are excluded.] 
 
(i)  [Additional points in the coefficient in the formula shall be provided as a “credit” to 
developing countries participating in sectoral agreements as follows: [     ].]  TN/MA/W/103/Rev.1 
 Page 5 
 
 
   
Flexibilities for developing Memb ers with low binding coverage2 
8. (a) As an exception, developing Members w ith a binding coverage of non-agricultural 
tariff lines of less than 35 percent will be exempt from making tariff reductions 
through the formula. Instead, developing  Members with a binding coverage of non-
agricultural tariff lines:  
 
(i) below [12] percent shall bind [70-90] percent of non-agricultural tariff lines; 
(ii) at or above [12] percent but below [25]  percent shall bind [75-90] percent of 
non-agricultural tariff lines; and 
(iii) at or above [25] percent but below [35]  percent shall bind [80-90] percent of 
non-agricultural tariff lines. 
Each Member shall bind at an average le vel that does not exceed 28.5 percent. 
 
(b) These tariff lines shall be bound on 1 Janua ry of the year following the entry into 
force of the DDA results at initial bound rates.  
 
(c) The initial bound rates shall be established as follows: for bound tariff lines the 
existing bindings shall be used, and for unbound tariff lines the Member subject to 
this modality will determine the level of the initial binding of those tariff lines.   
 
(d) [The overall binding target average sha ll be made effective at the end of the 
implementation period as follows:  the tariff reductions shall be implemented in     
[9 - 11] equal rate reductions.  The first reduction shall be implemented on 1 January 
of the second year following the entry in to force of the DDA results and each 
successive reduction shall be made effective on 1 January of each of the following 
years.] [The overall binding target average sh all be made effective at the end of an 
implementation period of [10] years.]    
 
(e) All duties shall be bound on an ad valorem  basis.  Existing bindings on a non ad 
valorem  basis shall be converted to ad valorem  equivalents on the basis of the 
methodology outlined in document TN/MA/20. 
 
Sectoral negotiations  
9. The sectoral tariff reduction component is a nother key element to achieving the objectives of 
Paragraph 16 of the DDA.  Participation in sect oral initiatives is on a non-mandatory basis.  
Such initiatives shall aim to reduce, harmonize or as appropriate eliminate tariffs, including 
the reduction or elimination of tariff peaks, hi gh tariffs and tariff escal ation, over and above 
that which would be achieved by the formula m odality, in particular on products of export 
interest to developing Members.  
 
                                                      
 2  Developing Members concerned are: Cameroon; Congo; Côte d'Ivoire; Cuba; Ghana; Kenya; Macao, 
China; Mauritius; Nigeria; Sri Lanka; Suriname; and Zimbabwe.  TN/MA/W/103/Rev.1 
Page 6  
 
  10. Progress has been made in a variety of sectoral initiatives, where discussions among 
participants have focused on: defining the criti cal mass which may include the share of world 
trade and level of participation of competitive producers; the scope of product coverage; the 
implementation period for tariff reduction or elimination; and special and differential 
treatment for developing-country participants. 
 
11. At the Hong Kong Ministerial Conference, Ministers instructed Members to identify sectoral 
initiatives which could garner sufficient participa tion.  Sectoral initiatives currently proposed 
are: automotive and related parts; bicycles and related parts; chemicals; electronics/electrical products; fish and fish products; forest products ; gems and jewellery; hand tools; industrial 
machinery, open access to enhan ced health care; raw materials; sports equipment; toys; and 
textiles, clothing and footwear. 
 
12. Members participating in sectoral initiatives are instructed to intensify their work in 
accordance with the following timetable and with a view to incorporating any outcomes of 
such negotiations on an unconditional basis in their final comprehensive draft schedules: 
 
(a) by the establishment of modalities (EOM), the proponents of each sectoral initiative 
shall propose the specific modalities to be applied to the products covered in each 
initiative; 
 
(b) by the EOM plus 2  months, Members intending to participate in a sectoral initiative 
shall so indicate to the proponents of the rele vant sectoral initiative as well as to the 
Secretariat;  and 
 
(c) by the EOM plus 3 months, the participants in the sectoral initiatives shall incorporate 
any outcomes of such negotiations on a cond itional basis in their comprehensive draft 
schedules. 
 Small, Vulnerable Economies
 
13. With the exception of developed Members, those Members having a share of less than 
0.1 percent of world NAMA trade for the refere nce period of 1999 to 2001 or best available 
data as contained in document TN/MA/S/18 may apply the following modality of tariff 
reduction instead of the formula modality which is  contained in paragra phs 5, 6 and 7 above.  
 
(a) Members with a bound tariff average of non-agricultural tariff lines:3  
 
(i) at or above 50 percent shall bind all of their non-agricultural tariff lines at an 
average level that does not exceed  an overall average of [22 -32]  percent [or 
shall reduce their average bound tariff by 40 percent, whichever is the lesser 
reduction]; 
(ii) at or above 30 percent but below 50 percent shall bind all their non-
agricultural tariff lines at an average level that does not exceed an overall 
average of [18-28] percent [or shall reduce their average bound tariff by 30 percent, whichever is the lesser reduction];  and 
                                                     
 
 3  See document TN/MA/S/4 and Corr.1 for th e bound tariff averages  of Members.    TN/MA/W/103/Rev.1 
 Page 7 
 
 
  (iii) below 30 percent shall bind all their non- agricultural tariff lines at an average 
level that does not exceed an overall average [14-20]  percent  and shall apply 
a minimum line-by-line reduction of [5- 10] percent on [90-95] percent of all 
non-agricultural tariff lines.    
 Fiji shall be deemed to fall under (a)(i). 
 
 [As an exception, Bolivia shall apply [     ] which shall substantially preserve its 
bound tariff rates]. 
 
(b) All tariff lines shall be bound on 1 January of the year following the entry into force 
of the DDA results at initial bound rates.  F iji shall have the flexibility to maintain 10 
percent of non-agricultural tariff lines unbound.   
 
(c) The initial bound rates shall be established as follows: for bound tariff lines the 
existing bindings shall be used, and for unbound tariff lines the Member subject to 
this modality will determine the level of the initial binding of those tariff lines.   
 
(d) The overall binding target average sha ll be made effective at the end of the 
implementation period as follows:  the tariff re ductions shall be implemented in       
[9 -11] equal rate reductions. The first reduction shall be implemented on 1 January 
of the year following the entry into for ce of the DDA results and each successive 
reduction shall be made effective on 1 January of each of the following years, except 
for lines covered under 13(e) where the fi rst reduction shall be implemented on 
1 January of the year following completion of the grace period.  
 
(e) For those Recently Acceded Members applying this modality, a grace period of 3 
years shall be applied on those lines on which accession commitments are not fully implemented before entry into force of the DDA results.  This grace period shall 
begin as of the date of full implementation of the accession commitment on that tariff 
line.  
 (f) All duties shall be bound on an ad valorem  basis.  Existing bindings on a non ad 
valorem basis shall be converted to ad valorem  equivalents on the basis of  the 
methodology outlined in document TN/MA/20. 
 Least Developed Countries (LDCs)
 
14. LDCs shall be exempt from tariff reductions . However, as part of their contribution to the 
DDA, LDCs are expected to substantially in crease their level of tariff binding commitments.   
Individual LDCs shall determine the extent  and level of tariff binding commitments in 
accordance with their individual development objectives.  All new tariff binding 
commitments shall be on an ad valorem  basis. For existing bindings which are not on an  ad 
valorem  basis, LDCs are encouraged to convert them to ad valorem  equivalents on the basis 
of the methodology outlined in document TN/MA/20 and bind them in ad valorem  terms. 
 TN/MA/W/103/Rev.1 
Page 8  
 
  Market Access for LDCs
 
15. We reaffirm the need to help LDCs secure beneficial and meaningful integration into the 
multilateral trading system.  In this regard, we recall the Decision on Measures in Favour of 
Least-Developed Countries  contained in decision 36 of  Annex F of the Hong Kong 
Ministerial Declaration (the "Decision"), and recommit: 
 
(a) to fully implement the Decision as agreed; 
  
(b) to ensure that preferential rules of orig in applicable to imports from LDCs will be 
transparent, simple and contribute to facilitating market access in respect of non-
agricultural products.  In this connection, [we urge Members to] [Members shall] use 
the model provided in document TN/MA/W/74, as appropriate, in the design of the rules of origin for their autonomous preference programs;  
 
(c)  to progressively achieve compliance with  the Decision referred to above, taking into 
account the impact on other developing count ries at similar levels of development; 
and 
 (d) to permit developing country Members to phase in their commitments and enjoy 
appropriate flexibility in coverage. 
 
16. Accordingly, develope d-country Members shall: 
 
(a) inform WTO Members of the products th at will be covered under the commitment to 
provide duty-free and quota-free market access for at least 97 per cent of products 
originating from LDCs, defined at the tariff line level by [2008, or no later than the 
start of the implementation period] [t he time of final schedules]; and  
 
(b) notify the steps and possible time frames within which they will progressively 
achieve full compliance with the Decision.   
 
17.  As part of the review foreseen in the Decision, the Committee on Trade and Development 
shall monitor progress made in its implementation,  including in respect of preferential rules of 
origin.  The monitoring procedure shall be de fined and agreed by the Committee on Trade 
and Development, by the time of final schedules.  
 Recently Acceded Members (RAMs)
4 
18. The RAMs shall apply the modality provided for in either paragraphs 5, 6 and 7 or 
paragraph 13, as applicable.    
  
                                                     
 
 4 Albania; Armenia; China; Croatia; Ecuador; Former Yugoslav Republic of Macedonia; Georgia; 
Jordan; Kyrgyz Republic; Moldova; Mongolia; Oman; Panama;  Saudi Arabia; Chinese Taipei; Tonga; Viet Nam; and Ukraine.   LDC RAMs as well as othe r RAMs who have since their date of accession become 
Members of the EC are not included in this list.    TN/MA/W/103/Rev.1 
 Page 9 
 
 
   
19. In addition, the RAMs appl ying the formula shall be given5:  
 
(a)  a grace period of [2-3] years which sh all apply [on a line-by -line basis and which 
shall begin as of the date of full implementation of the accession commitment on that tariff line] [to those tariff lines which were  still in the process of implementation of 
the accession commitment as of 1 January, 2003 and the grace period shall begin as 
of the date of the entry into force of the DDA results]; 
 (b) an extended implementation period of [2-5] equal rate reductions to that provided in 
paragraph 6(f) to implement their Doha co mmitments.  The first reduction shall be 
implemented on 1 January of the year following the entry into force of the DDA results with the exception of those tariff lines covered by (a)  above where the first 
reduction shall be implemented on 1 January of the year following completion of the 
grace period.  In both these cases, each su ccessive reduction shall be made effective 
on 1 January of each of the following years. 
 
20. Albania, Armenia, Former Yugoslav Republic  of Macedonia, Kyrgyz Republic, Moldova, 
Saudi Arabia, Tonga, Viet Nam and Ukraine shall not be required to undertake tariff 
reductions beyond their accession commitments.  
 
Supplementary Modalities
 
21. Members may use the request & offer appr oach as a supplementary modality.  Members 
engaging in such negotiations shall incorporat e any outcomes in their final comprehensive 
draft schedules.  
 Elimination of low duties
 
22. Members are asked to consider the elimination of low duties. 
 Non-tariff barriers (NTBs)
 
23. The reduction or elimination of NTBs is an  integral and equally important part of the 
objectives of paragraph 16 of the DDA.  More speci fically, initiatives in this area shall aim to 
reduce or eliminate, as appropriate, NTBs, in particular on products of export interest to 
developing Members and to enhance market  access opportunities achieved through these 
modalities.    
24. Members agree that text-based negotiation should  continue on the following proposals, with a 
view to finalizing them as early as possible before the submission of final comprehensive 
draft schedules: [Ministerial Decision on Procedures for the Facilitation of Solutions to Non-Tariff Barriers]; [Negotiating Proposal on Non-Ta riff Barriers in the Chemical Products and 
Substances Sector];  [Understanding on the In terpretation of the Agreement on Technical 
Barriers to Trade as Applied to Trade in Firewo rks];  [Understanding on the Interpretation of 
                                                     
 
5 There are other proposals to expand paragraph 7 flexibilities and to apply a formula coefficient higher 
than the developing country coefficient, but the RAMs have taken the view that these proposals should be taken 
up  when the coefficients in the formula and paragraph 7 flexibilities are agreed.  TN/MA/W/103/Rev.1 
Page 10  
 
  the Agreement on Technical Barriers to Trade as Applied to Trade in Lighter Products];  
[Decision on the Elimination of Non-Tariff Barriers Imposed as Unilateral Trade Measures];  [Understanding on the Interpretation of the Ag reement on Technical Barriers to Trade as 
Applied to Trade in Electronics];  [Revised Submission on Export Taxes];  [Understanding on the Interpretation of the Agreement on Techni cal Barriers to Trade with Respect to the 
Labelling of Textiles, Clothing, Footwear, and Tr avel Goods];  [Protocol on Transparency in 
Export Licensing to the General Agreement on Tariffs and Trade 1994];  [Decision on Non 
Tariff Barriers Affecting Forestry Products Used  in Building Construction];  [Agreement on 
Non-Tariff Barriers Pertaining to the Electri cal Safety and Electromagnetic Compatibility 
(EMC) of Electronic Goods];  [Ministerial D ecision on Trade in Remanufactured Goods];  
[Automotive NTBs].  Negotiations on bilateral requests should proceed in tandem.  This will 
allow for sufficient time to multilateralize the outcomes through inter alia  incorporating them 
where appropriate into Part III of the schedules. 
25. The text-based negotiations shall take place in the context of dedicated NTB sessions; and 
work will continue in accordance with the following timetable:  
 
(a) by the establishment of modalities (EOM), text-based negotiations shall begin on the 
NTB proposals contained in paragraph 24, on  the basis the legal texts in Annex 5; 
(b) by EOM plus [one] month, Members shall ta ble any revised legal text suggestions to 
the Chair’s compilation;  and 
(c) by EOM plus [five] months, Members shall finalize the negotiating texts for the 
purpose of legal revision before, as appropriate , their inclusion in any final package in 
NAMA.  
26. These negotiations shall take fully into account  the principle of special and differential  
 treatment for developing and least-developed Members. 
 
Capacity-Building Measures
 
27. Members are committed to enhancing trade cap acity-building measures to assist Members in 
the early stages of development, and in par ticular Least Developed Country Members, to 
address their inherent supply side capacity cons traints and the challenges that may arise from 
increased competition as a result of MFN tariff reductions.  These measures, including the 
Enhanced Integrated Framework for Least Developed Countries and other Aid-for-Trade 
initiatives, shall be designed to  enable such Members to take  advantage of increased market 
access opportunities, including through diversifica tion of export products and markets, and to 
meet technical standards/requirements and address other non-tariff measures. 
 
Non-reciprocal preferences  
28. MFN liberalization resulting from the DDA will erode non-reciprocal preferences in respect 
of a limited number of tariff lines which are of vital export importance for developing 
Members beneficiaries of such preferences.  As a result, and in order to provide these Members with additional time for adjustment , the reduction of MFN tariffs on those tariff 
lines shall be implemented in [7 - 9] equal rate reductions by the preference-granting developed Members concerned. The first reduction shall be implemented [two years after] the 
first reduction required under paragraph 6(f) a nd each successive reduction shall be made 
effective on 1 January of each of the following y ears.  The relevant tariff lines shall be those 
contained in [Annex 2] for the European Communities and in [Annex 3] for the United States.   TN/MA/W/103/Rev.1 
 Page 11 
 
 
   
29. To further assist preference receiving countri es to meet the challenges that will arise from 
increased competition as a result of MFN tariff reductions, preference granting Members [and 
other Members in a position to do so] [are urged to] [shall] increase thei r assistance to these 
Members through mechanisms including the En hanced Integrated Framework for Least 
Developed Countries and other Aid-for-Trade initiativ es.  They [are also urged to] [shall also] 
simplify the rules of origin in their preferen ce programs so that preference receiving Members 
can make more effective use of such preferen ces.  [Progress in the implementation of such 
assistance, and its effectiveness in achieving th e objectives of this paragraph, shall be 
reviewed periodically in the Committee on Trade and Development.] 
 
30. As a result of action taken under paragraph 28 , some developing Members who do not benefit 
from these preferences and who export under some of those same tariff lines to those preference granting markets, may be disproportionately affected.  For these Members
6, the 
reduction agreed in paragraph 5 on the relevant tariff lines shall be implemented, by waiver of 
Article I of the GATT of sufficient duration to cover the full implementation period, in [5 - 6] 
equal rate reductions, in the relevant preference granting markets.  The first reduction shall be 
implemented on 1 January of the year following the entry into force of the DDA results and 
each successive reduction shall be made effective on 1 January of each of the following years.  The relevant tariff lines on which such staging in the relevant preference granting markets 
shall be implemented are listed in [Annex 4].  
 Non-agricultural environmental goods
 
31. The Committee on Trade and Environment in  Special Session (CTESS) is working with a 
view to reaching an understanding on environm ental goods.  Members are instructed to take 
guidance from this work and initiate negotiati ons, without prejudging their outcome, on the 
reduction or, as appropriate , elimination of tariffs and NTBs on non-agricultural 
environmental goods.  
                                                      
 6 [Pakistan and Sri Lanka]. 
 
 TN/MA/W/103/Rev.1 
Page 12  
 
  ANNEX 1
 
 
Product Coverage of Non-Agricultural  Products at the tariff line level  
in the Harmonized System 2002 Nomenclature 
 
The modalities for non-agricultural products  shall cover the following products:7 
(a)  Fish and fish products defined as: 
 Code/ 
Heading  Product Description8 
 Chapter 3 Fish and crustaceans, mollu scs and other aquatic invertebrates 
 05.08 Coral and similar materials, unworked or simply prepared but not otherwise worked; 
shells of molluscs, crustaceans or echinoder ms and cuttle-bone, un worked or simply 
prepared but not cut to shape, powder and waste thereof 
 05.09 Natural sponges of animal origin 
 0511.91 -- Products of fish or crustaceans, mollu scs or other aquatic invertebrates; dead animals 
of Chapter 3 
 1504.10 - Fish-liver oils and their fractions 
 1504.20 - Fats and oils and their fractions, of fish, other than liver oils 
 ex 1603.00 - Extracts and juices fish or crus taceans, molluscs or othe r aquatic invertebrates 
 16.04 Prepared or preserved fish; caviar an d caviar substitutes prepared from fish eggs 
 16.05 Crustaceans, molluscs and other aquatic  invertebrates, prepared or preserved 
 2301.20 - Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic 
invertebrates 
 
(b)  Chapters 25 to 97, except the following agricultural products: 
 
 Code/ 
Heading  Product Description7 
 2905.43 -- Mannitol 
 2905.44 -- D-glucitol (sorbitol) 
 2905.45 -- Glycerol 
 33.01 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted 
oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, 
obtained by enfleurage or m aceration; terpenic by-products  of the deterpenation of 
essential oils; aqueous distillates and aqueous solutions of essential oils 
 ex 3302.10 --Of a kind used in the manufacture of beverages 
 35.01 Casein, caseinates and other casein derivatives; casein glues  
                                                      
 7 [The following deviations are noted without prejudice to the rights and obligations of Members and 
without creating a precedent for futu re negotiations.  Firstly, Japan  will schedule as non-agricultural products 
the following HS2002 Codes: 1212.20 (Seaweeds and other algae), 1302.31 (Agar-agar) and ex 2106.90 (Other food preparations not elsewhere specified or included, with the largest single ingredient consisting of products 
specified in sub-heading 1212.20 by weight; Hijikia fusi-formisu; and seaweed products).  Secondly, the 
following Members will schedule some of the HS2002 Codes and Headings covered by paragraphs (i) and (ii) as 
agricultural products: the European Communities
 (ex1603.00 and 3302.10), Mexico  (ex1603.00), Tunisia  
(0511.91, ex1603.00 and 2301.20); Turkey  (ex1603.00, 1604 and 1605) and Switzerland  (05.08, 0511.91, 
1504.10, 1504.20 and 2301.20).]  
8 The product descriptions for HS Codes with ex-outs are specific and do not cover the entire 6-digit 
HS Code.  TN/MA/W/103/Rev.1 
 Page 13 
 
 
   Code/ 
Heading  Product Description7 
 35.02 Albumins (including concentrates of two or more whey proteins, containing by weight 
more than 80% whey proteins, calculated on the dry matter), albuminates and other 
albumin derivatives 
 35.03 Gelatin (including gelatine in rectangular (including square) sheets, whether or not 
surface-worked or colo ured) and gelatin derivatives; isinglass; other glues of animal 
origin, excluding casein glues of heading 35.01 
 35.04 Peptones and their derivatives; other protein substances and their derivatives, not 
elsewhere specified or included; hide powder, whether or not chromed 
 35.05 Dextrins and other modified starches (for example, pregelatinised or esterified starches); 
glues based on starches, or on dextrins or other modified starches  
 3809.10 - With a basis of amylaceous substances 
 38.23 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols 
 3824.60 - Sorbitol other than that of subheading 2905.44 
 41.01 Raw hides and skins of bovine (including  buffalo) or equine animals (fresh, or salted, 
dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or 
further prepared), whether or not dehaired or split  
 41.02 Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise 
preserved, but not tanned, parchment-dressed or further prepared), whether or not with 
wool on or split, other than those excluded by Note 1 (c) to this Chapter . 
 41.03 Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, 
but not tanned, parchment-dressed or further pr epared), whether or not  dehaired or split, 
other than those excluded by Note 1 (b) or 1 (c) to this Chapter 
 43.01 Raw furskins (i ncluding heads, tails, paws and ot her pieces or cuttings suitable for 
furriers' use), other than raw hides and skins of heading 41.01, 41.02 or 41.03 
 50.01 Silk-worm cocoons suitable for reeling 
 50.02 Raw silk (non-thrown) 
 50.03 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) 
 51.01 Wool, not carded or combed 
 51.02 Fine or coarse animal hair, not carded or combed  
 51.03 Waste of wool or of fine or coarse animal hair, including yarn waste but excluding 
garnetted stock 
 52.01 Cotton, not carded or combed 
 52.02 Cotton waste (including yarn waste and garnetted stock) 
 52.03 Cotton, carded or combed 
 53.01 Flax, raw or processed but not spun; flax tow and waste (including yarn waste and 
garnetted stock) 
 53.02 True hemp (Cannabis sativa L.) , raw or processed but not spun; tow and waste of true 
hemp (including yarn waste and garnetted stock) 
 TN/MA/W/103/Rev.1 
Page 14  
 
  ANNEX 2
 
 
European Communities 
 
Tariff  line Indicative product description 
[0302.32.90 Yellowfin tunas ( Thunnus albacares ), fresh or chilled, other than for the industrial 
manufacture of products of heading 16.04 
ex 0302.69.99 The following fish, fresh or chilled, excluding livers and roes: Lesser African threadfin, 
Sompat grunt, Sea Catfish, Yellow croaker, Largehead hairtail, Cassava croaker, White 
grouper, Red Pandora, Flagfin mojarra 
0303.79.19 Other fish, frozen, excluding livers and roes 
ex 0303.79.98 The following frozen fish: Lesser Afri can threadfin, Sompat grunt, Sea Catfish, Yellow 
croaker, Largehead hairtail, Cassava croaker, White grouper, Red Pandora, Flagfin 
mojarra 
0304.10.19 Fish fillets and other fish meat (whether or not minced), fresh or chilled, of other 
freshwater fish 
0304.10.38 Other fish fillets and other fish meat, fresh or chilled 
0304.20.19 Frozen fillets, of other freshwater fish 0304.20.45 Frozen fillets, of tuna (of the genus  Thunnus ) and of fish of the genus Euthynnus  
ex 0304.20.94 Frozen fillets of the following fish: Lesser African threadfin, Sompat grunt, Sea Catfish, 
Yellow croaker, Largehead hairtail, Cassava croaker, White grouper, Red Pandora, Flagfin mojarra 
0306.13.50 Shrimps of the genus Penaeus  
0306.13.80 Other shrimps and prawns 0307.49.18 Other cuttle fish ( Sepia officinalis, Rossia macrosoma, Sepiola spp .), frozen 
0307.59.10 Other octopus ( Octopus spp. ), frozen 
1604.14.11 Tunas and skipjack, in vegetable oil 
1604.14.16 Tunas and skipjack, fillets known as ‘loins’ 
1604.14.18 Other preserved or prepared tunas and skipjack 1604.19.31 Other fish fillets known as ‘loins’ 
5208.12.96 Plain weave of cotton, weighing  more than 100 g/m², not exceeding 165 cm 
5208.12.99 Plain weave of cotton, weighing more than 100 g/m², exceeding 165 cm 5701.10.10 Carpets, of wool or fine animal hair, containing a total of more than 10 % by weight of 
silk or of waste silk other than noil 
5701.10.90 Other carpets and other textile floor covering, knotted, whether or not made up, of wool 
or fine animal hair 
6105.10.00 Men's or boys' shirts , knitted or crocheted, of cotton 
6105.20.10 Men's or boys' shirts, knitte d or crocheted, of synthetic fibers 
6109.10.00 T-shirts, singlets and other vests, knitted or crocheted, of cotton 
6110.11.30 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted, of wool 
6110.12.10 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted; of Kashmir (cashmere) goats  TN/MA/W/103/Rev.1 
 Page 15 
 
 
  Tariff  line Indicative product description 
6110.12.90 Women's' or girls'  Jerseys, pullovers, cardigans, wais tcoats and similar articles, knitted 
or crocheted, of Kashmir (cashmere) goats 
6110.20.91 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted, of cotton 
6110.20.99 Women's' or girls' jerseys, pullovers, ca rdigans, waistcoats and similar articles, knitted or 
crocheted, of cotton 
6110.30.91 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted, of man-made fibers 
6110.30.99 Women's' or girls' Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted 
or crocheted, of man-made fibres 
6203.42.35 Men's or boys'  trousers, bib and brace overalls, breeches and shorts, of cotton 
6204.52.00 Women's' or girls' skirts and divided skirts, of cotton 6204.63.18 Women's' or girls' trousers, bib an d brace overalls, breeches and shorts, of synthetic 
fibres (excluding industrial and occupational) 
6205.20.00 Men's or boys' shirts, of cotton 6206.30.00 Women's or girls' blouses, shirts and shirt-blouses, of cotton 
6214.20.00 Shawls, scarves, mufflers, mantillas, ve ils and the like, of wool or fine animal hair 
7601.10.00 Unwrought aluminium, not alloyed 7601.20.10 Aluminium alloys, primary 
7601.20.91 Aluminium alloys, secondary, in ingots or in liquid state] 
 
Note :  The [40] tariff lines listed correspond to the tariff structure notified by the European Communities to the 
Integrated Database (IDB) for the year 2005, which is in the HS2002 nomenclature.  The product descriptions 
are indicative only.    TN/MA/W/103/Rev.1 
Page 16  
 
  ANNEX 3
 
 
United States 
 
 
Tariff  line Indicative product description 
[6102.20.00 Women's or girls' overcoats, carcoats, capes, cloaks, anoraks, windbreakers and 
similar articles, knitted or crocheted, of cotton 
6103.42.10 Men's or boys' trousers, breeches and shorts, knitted or crocheted, of cotton 
6103.43.15 Men's or boys' trousers, breeches an d shorts, knitted or crocheted, of synthetic 
fibers, nesoi 
6104.62.20 Women's or girls' trousers, breeches and shorts, kn itted  or crocheted, of cotton 
6104.63.20 Women's or girls' tr ousers, breeches and shorts, knitted or crocheted, of synthetic 
fibers, nesoi 
6105.10.00 Men's or boys' shirts , knitted or crocheted, of cotton 
6106.10.00 Women's or girls' blouses and shirts, knitted or crocheted, of cotton 
6107.11.00 Men's or boys' underpants an d briefs, knitted or crocheted, of cotton 
6108.21.00 Women's or girls' briefs and panties, knitted or crocheted, of cotton 
6109.10.00 T-shirts, singlets, tank tops and si milar garments, knitted or crocheted, of cotton 
6109.90.10 T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of man-
made fibers 
6110.20.20 Sweaters, pullovers and similar artic les, knitted or crochete d, of cotton, nesoi 
6110.30.30 Sweaters, pullovers and similar artic les, knitted or crocheted, of manmade fibers, 
nesoi 
6201.92.20 Men's or boys' an oraks, windbreakers & similar ar ticles  nesoi, not knitted or 
crocheted, of cotton, not cont. 15% or more by wt of down, etc 
6203.42.20 Men's or boys' bib and brace overalls, not knitted or crocheted, of cotton, not 
containing 10 to 15% or more by weight of down, etc 
6203.42.40 Men's or boys' trousers and shorts, no t bibs, not knitted  or crocheted, of cotton, not 
containing 15% or more by weight of down, etc 
6203.43.40 Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt 
down etc, cont under 36% wt wool, n/water resist, not k/c 
6204.62.40 Women's or girls' tr ousers, breeches and shorts, not kn itted or crocheted, of cotton, 
nesoi 
6204.63.35 Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of 
synthetic fibers, nesoi 
6205.20.20 Men's or boys' shirts, not kn itted or crocheted, of cotton,  nesoi 
6205.30.20 Men's or boys' shirts, not knitte d or crocheted, of manmade fibers, nesoi 
6206.40.30 Women's or girls' blouses and shirts , not knitted or crocheted, of manmade fibers, 
nesoi 
6211.32.00 Men's or boys' track suits or other garments nesoi, not knitted or crocheted, of 
cotton 
6211.33.00 Men's or boys' track suits or other ga rments nesoi, not knitted or crocheted, of man-
made fibers 
6212.10.90 Brassieres, not containing lace, net or embroidery, containing under 70% by wt of 
silk or silk waste, whether or not knitted or crocheted] 
 
Note : The [25] tariff lines correspond to the tariff stru cture notified by the United States to the Integrated 
Database (IDB) for the year 2005, which is in the HS2002 nomenclature.  The product descriptions are 
indicative only.   
   TN/MA/W/103/Rev.1 
 Page 17 
 
 
  ANNEX 4  
 
 
 1.  Pakistan, for the following tariff lines in Annex 3: 
 
Tariff line Indicative product description 
[6105.10.00 Men's or boys' shirts , knitted or crocheted, of cotton 
6109.10.00 T-shirts, singlets, tank tops and si milar garments, knitted or crocheted, of cotton 
6110.20.20 Sweaters, pullovers and similar artic les, knitted or crochete d, of cotton, nesoi 
6203.42.40 Men's or boys' trousers and shorts, not bibs , not knitted  or crocheted, of cotton, not containing 
15% or more by weight of down, etc 
6204.62.40 Women's or girls' trous ers, breeches and shorts, not knitted or crocheted, of cotton, nesoi] 
  
2.  Sri Lanka, for the following tariff lines in Annex 3: 
  
Tariff line Indicative product description 
[6110.20.20 Sweaters, pullovers and similar articles, knitted or crocheted, of cotton, nesoi 
6203.42.40 Men's or boys' trousers and shorts, not bibs , not knitted  or crocheted, of cotton, not containing 
15% or more by weight of down, etc 
6204.62.40 Women's or girls' trous ers, breeches and shorts, not knitted or crocheted, of cotton, nesoi 
6205.20.20 Men's or boys' shirts, not kn itted or crocheted, of cotton,  nesoi 
6212.10.90 Brassieres, not containing lace, net or embroidery, containing under 70% by wt of silk or silk 
waste, whether or not knitted or crocheted] 
 
Note :  These tariff lines correspond to  the tariff structure notified by the United States to the Integrated 
Database (IDB) for the year 2005, which is in the HS2002 nomenclature.  The product descriptions are 
indicative only.   TN/MA/W/103/Rev.1 
Page 18  
 
  ANNEX 5
 
 
NTB TEXTUAL PROPOSALS9 
 
 This compilation is without prejudice to the positions of Members and to their rights and 
obligations under the WTO Agreement.   The inclusion of a proposal in this Annex does not presume 
a consensus around it.  
 
 Table of contents
 Page  
 
I. MINISTERIAL DECISION ON PROCEDURES FOR THE FACILITATION 
OF SOLUTIONS TO NON-TARIFF BARRIERS ..............................................................19  
II. NEGOTIATING PROPOSAL ON NON-TARIFF BARRIERS IN THE 
CHEMICAL PRODUCTS AND SUBSTANCES SECTOR ..............................................24  
III. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN FIREWORKS...................................................................................................................... ....27
 
IV. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT 
ON  TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN 
LIGHTER PRODUCTS  ........................................................................................................30  
V. DECISION ON THE ELIMINATION OF NON-TARIFF BARRIERS 
IMPOSED AS UNILATERAL TRADE MEASURES .......................................................32  
VI. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN 
ELECTRONICS .................................................................................................................... .33
 
VII. REVISED SUBMISSION ON EXPORT TAXES................................................................41  
VIII.  UNDERSTANDING ON THE INTERPRETATION OF  THE AGREEMENT 
ON TECHNICAL BARRIERS TO TRADE WITH RESPECT TO THE LABELLING OF TEXTILES, CLOTHING, FOOTWEAR, AND TRAVEL GOODS .......................................................................................................................... ..........44
 
IX. PROTOCOL ON TRANSPARENCY IN EXPORT LICENSING TO THE 
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 ........................................49  
X. DECISION ON NON TARIFF BARRIERS AFFECTING FORESTRY PRODUCTS USED IN BUILDI NG CONSTRUCTION ....................................................52
 
XI. AGREEMENT ON NON-TARIFF BARRIERS PERTAINING TO THE 
ELECTRICAL SAFETY AND ELECTROMAGNETIC COMPATIBILITY 
(EMC) OF ELECTRONIC GOODS ....................................................................................54  
XII. MINISTERIAL DECISION ON TRADE  IN REMANUFACTURED GOODS ..............61  
XIII.  AUTOMOTIVE NTBS ..........................................................................................................62  
 
                                                      
9 The proposals have been compiled in alphabetical order of the submitting Member(s).   TN/MA/W/103/Rev.1 
 Page 19 
 
 
   
I. MINISTERIAL DECISION ON PROCED URES FOR THE FACILITATION OF 
SOLUTIONS TO NON-TARIFF BARRIERS 10 
Ministers , 
 
 Recalling that in paragraph 16 of the Doha Mini sterial Declaration, Annex B of the 
Framework Agreement and paragra ph 22 of the Hong Kong Ministerial Declaration, Members agreed 
to negotiations on, inter alia , reduction or as appropriate elimin ation of non-tariff barriers, in 
particular on products of export in terest to developing countries, 
  
Conscious of the fact that non-tariff measures vary significantly in form, effects and 
objectives, and that non-tariff measures can serve legitimate and important purposes pursued by 
Members, whilst non-tariff measures may also c onstitute barriers that affect market access 
opportunities for other WTO Members and potentially impair benefits sought to be achieved from the 
reduction or elimination of tariffs, 
  
Recognizing that flexible and expeditious procedures of  a conciliatory and non-adjudicatory 
nature, involving a facilitator, may promote mutu ally acceptable solutions to Members' concerns 
regarding non-tariff barriers that aid exporters  and importers, while respecting the legitimate 
objectives of the Members maintaining the measures,  
 
Recognizing  that these procedures neither alter nor  address the rights and obligations of 
Members under the WTO Agreement, 
 
Recognizing  that these procedures build upon and further the objectives of existing 
procedures in WTO bodies, 
 
Emphasizing that the procedures under this Decision are not intended to replace or otherwise 
affect the Understanding on Rules and Procedur es Governing the Settlement of Disputes, and 
Members’ rights and obligations thereunder, 
 
Decide  as follows: 
 
GENERAL PROVISIONS  
 
1. Pursuant to this Decision, any Member  may seek to address through recourse to the 
procedures set out below its concerns regarding any non-tariff barrier (‘NTB’), as specified in 
Annex 1 of this Decision, which it be lieves adversely affects its trade. 
  2. These procedures shall neither enforce any ri ghts or obligations under the WTO Agreement 
nor add to or diminish the rights and obligations  of Members, and shall be without prejudice to 
Members’ rights and obligations under the Unde rstanding on Rules and Procedures concerning the 
Settlement of Disputes ("DSU"). 
 
3. These procedures shall be applied in the context of relevant WTO Committees
11.  
 
                                                      
10 Submitted by the African Group, Canada, European Communities, LDC Group, NAMA-11, 
Group of Developing Countries, New Zealand, Norway, Pakistan and Switzerland (document TN/MA/W/106). 
11 The relevant WTO Committee is the one overseei ng the operation of the WTO agreement most 
closely related to the measure at issue. If there is no such Committee for a particular measure, the request shall 
be notified to the Council for Trade in Goods. TN/MA/W/103/Rev.1 
Page 20  
 
  4. Any time limit referred to in this Decision ma y be modified by mutual agreement between the 
Members involved in these procedures.   5. At all stages of these procedures, the special  situation of least-developed country Members 
involved in these procedures shall be given particular  consideration. In this regard, Members shall 
exercise due restraint in raising matters under these procedures involving a least-developed country 
Member and solutions explored shall take into consideration the specific situation of the least 
developed country Member involved, if any.    
P
ROCEDURES FOR ADDRESSING CONCERNS REGARDING NTB S 
 
Stage I:  Request and Response on a Specific NTB  
 
6. Any Member (the ‘requesting Member’) may, individually or jointly with other Members, 
initiate Stage I of these procedures by submitting in writing to another Member (the ‘responding 
Member’) a request for information regarding a non-tariff barrier. The request shall identify and 
describe the specific measure at i ssue and provide a detailed description of the requesting Member's 
concerns regarding the measure's impact on trade.   
7. The responding Member shall provide, within [2 0] days, to the extent practicable, a written 
response containing its comments on the information contained in the request.  Where the responding 
Member considers that a response within [20] days  is not practicable, it shall inform the requesting 
Member of the reasons for the delay, together with  an estimate of the period within which it will 
provide its response.   
 
8. Upon submission, the requesting Member sh all notify its request to the relevant WTO 
Committee,
12 which shall circulate it to all Members.  The responding Member shall equally notify its 
response to the relevant WTO Committee, which sh all circulate it to all Members. Following the 
receipt of these notifications, upon the request of either the requesting or the responding Member (hereinafter referred to as “the parties”), the Ch airperson or one of the Vice Chairpersons of the 
relevant WTO Committee shall convene  a meeting with the parties to inter alia  address any 
outstanding issues and explore possible next steps.  
Stage II:  Resolution Procedures 
 
9. Following this initial information exchange unde r Stage I, the parties shall decide on whether 
to proceed to Stage II of these procedures. Stag e II of these procedures ma y only be initiated by 
mutual agreement of the parties. However, if one of the parties requests to proceed to Stage II of these 
procedures, the other party shall accord symp athetic consideration to that request.  
 10. The parties shall notify 
any decision to proceed to Stage II to  the relevant WTO Committee.     
 
11. Any other Member may submit a written request  to the parties, within [10] days of 
notification under paragraph 10, that  it be permitted to participate in these procedures as a third party.  
Such other Member may participate in these proce dures if both parties so agree and on the terms 
agreed to by the parties. 
 
                                                      
12 If the Committee to which these communications were notified considers itself not to be the relevant 
Committee, it shall forward the notifications to the Co mmittee overseeing the opera tion of the WTO agreement 
most closely related to the measure at issu e, or if it is unclear which WTO agreement  is most closely related, to 
the Council for Trade in Goods.   TN/MA/W/103/Rev.1 
 Page 21 
 
 
  11bis.  Once initiated, Stage II shall be term inated upon request of either party. 
 
Appointment of a Facilitator 
 
12. Upon their agreement to initiate Stage II of these procedures, the parties may request that the 
Chairperson of the relevant WTO Committee, (or if  it is unclear which agreement is most closely 
related, the Chairperson of the Council for Trade in Goods), or one of the Vice Chairpersons, serve as 
facilitator. Alternatively, the par ties may request that a Friend of th e Chair agreed upon by the parties 
serve as facilitator. If the parties cannot agree on th e appointment of a facilitator within [15] days of 
the initiation of Stage II of these procedures, and if on e of the parties so requests, the [Chairperson of 
the Council for Trade in Goods] shall appoint the fac ilitator within an additional [10] days and after 
consulting the parties. The selection of facilitator sha ll take place in accordance with Annex 2 of this 
Decision.  
Seeking Mutually Agreed Solutions 
 13. The facilitator, in consultation with the par ties, shall have full flexibility in organizing and 
conducting the deliberations under these procedures, which normally should take place at the WTO 
headquarters, unless the parties agree on any other place of mutual convenience, taking into account 
possible capacity constraints of developing country pa rties. The facilitator and the parties may rely on 
existing working procedures of any WTO Committee con cerned, to the extent they are relevant for the 
prompt resolution of the NTB in question. Vide o conferencing and other telecommunication facilities 
may be utilized, if considered suitable and agreed to between the parties.  
 14. Either party may present to the facilitator a nd the other party any in formation that it deems 
relevant.   
15. In assisting the parties, in an impartial and tr ansparent manner, in bringing clarity to the NTB 
concerned and its possible trade-related impact, the facilitator may:   
(a) offer advice and propose possible solutions for the parties’ consideration, taking into 
account the information presented by the parties; provided  any such opinion shall not 
pertain to the WTO consistency of the NTB,  the parties' rights and obligations under 
the WTO Agreement, or to any possible leg itimate objectives for the maintenance of 
the measure;  
 (b) organize meetings between, and meet individuall y or jointly with, the parties, in order 
to facilitate discussions on the NTB and to assist in reaching mutually agreed 
solutions;  
 (c) seek assistance of the WTO Secretariat and, after consulting with the parties, consult 
with relevant experts and stakeholders; and 
 
(d) provide any additional support requested by the parties.  
 
16. All meetings and information (whether provided in oral or written form) acquired pursuant to 
paragraphs 14, 15 and 16 of these procedures shall be  confidential and without prejudice to the rights 
of any party or other WTO Member in any dispute settlement proceeding under the DSU. 
  
17. The parties shall endeavour to reach a mutua lly agreed solution within [60] days from the 
appointment of the facilitator. Pending final resoluti on of the NTB, the parties may consider possible 
interim solutions, especially if th e NTB relates to perishable goods. TN/MA/W/103/Rev.1 
Page 22  
 
   
Outcome and Implementation 
 
18. Upon termination of Stage II of these procedur es by a party or in the event that the parties 
reach a mutually agreed solution, the facilitator shall issue to the pa rties, in writing, a draft factual 
report, providing a brief summary of (1) the NTB at  issue in these procedures; (2) the procedures 
followed; and (3) any mutually agreed solution re ached as the final outcome of these procedures, 
including possible interim solutions. The facilitator shall provide the parties [15] days to comment on the draft report. After considering the comments of th e parties, the facilitator shall submit, in writing, 
a final factual report to the relevant WTO Committee.  
 
19. If the parties reach a mutual ly agreed solution, such solu tion shall be implemented in 
conformity with the WTO Agreement.   
F
INAL PROVISIONS  
 
Transparency 
 
20. Notifications pursuant to this Decision an d the facilitators’ final factual reports shall 
constitute regular items on the agenda of the re levant WTO Committees. Adequate opportunity shall 
be provided for an exchange of views amongst Members in the relevant WTO Committee. 
 21. For the purpose of transparency , the Chairpersons of the rele vant WTO Committees [or, when 
applicable, the Council for Trade in Goods] shall pr ovide to Members, on an annual basis, a status 
report of notified requests and r esponses and of ongoing and recently completed procedures, together 
with a list of any reports from facilitators.  
 
Technical Assistance 
 
22. Developing country Members and in par ticular least-developed country Members may 
request assistance from the WTO Secretariat to promote their understanding of the use and 
functioning of these procedures. Technical assist ance required by least-developed country Members 
will be made available through the Technical Assistance Programmes of the WTO. Developed 
country Members are encouraged to provide technical assistance , inter alia , to share with developing 
country Members their experience for effective participation in these procedures.  
Application and Review 
 
23.  The Council for Trade in Goods and the relevant Committees
1 shall apply this Decision and 
implement it within the framework of their work fro m the date of the adoption of this Decision.  The 
Council for Trade in Goods and each Committee to which this Decision applies may decide, by 
consensus, to modify certain procedural aspects of this Decision.  Any modifications shall apply only 
within the Council or Committee that has adopted the modifications and only to procedures initiated 
after the date of effectiveness of the decision on the modifications.  
 24. In light of experience gained from the opera tion of these procedures, the [Council for Trade in 
Goods] will undertake a review of the effectivene ss of the procedures under this Decision no later 
than [5] years after the adoption of this Decisi on. Based on this review, Members may decide on 
whether to extend these procedures to other matte rs falling under the WTO Agreement or otherwise 
modify these procedures.   TN/MA/W/103/Rev.1 
 Page 23 
 
 
  Annex 1  
 
  These procedures shall cover all NTBs affecti ng trade in goods and falling under the remit of 
the Council for Trade in Goods, except: 
 
• Any measure regulated by th e Agreement on Agriculture; 
• Countervailing measures adopted pursuant to Part V of the Agreement on Subsidies 
and Countervailing Measures; 
• Antidumping measures within the meaning of Article 1 of the Agreement on 
Implementation of Article VI of the GATT 1994;  and 
• Safeguard measures within the meaning of Article 1 of the Agreement on Safeguards. 
 
 
  
Annex 2
 
 
 
 In so far as the facilitator agreed upon by the parties or appointed by the Chairperson of the 
Council for Trade in Goods in accordance with paragr aph 12 of this Decision is not the Chairperson 
of the relevant WTO Committee, or one of the Vice Chairpersons:  1. Facilitator shall be well-qualified govern mental or non-governmental individuals. 
 
2. Facilitator shall serve in their individual capacity and not as government representatives, nor 
as representatives of any organization.   3. Facilitator shall not be citizens of Memb ers whose governments are parties to these 
procedures, unless the parties agree otherwise. 
 
4. Facilitator’s expenses, including travel and subsistence allowance, shall be met from the 
WTO budget in accordance with the criteria adopted  for panellists under Article 8.11 of the DSU. 
  
 
 TN/MA/W/103/Rev.1 
Page 24  
 
  II. NEGOTIATING PROPOSAL ON NON-TARIFF BARRIERS IN THE
 CHEMICAL 
PRODUCTS AND SUBSTANCES SECTOR 13 
A. INTRODUCTION  
 Pursuant to paragraph 16 of the Work Pr ogramme adopted at the Doha Ministerial 
Conference and paragraph 22 of the Decision adopted at the Hong Kong Ministerial Conference, 
Member States agreed to conduct negotiations to reduce or eliminate tariff and non-tariff barriers, 
particularly with regard to prod ucts of export interest to develo ping countries.  This document is a 
specific negotiating proposal by the Argentine Republ ic on non-tariff barriers in the chemicals sector. 
  Non-tariff barriers distort international trade inasmuch as they impede access to markets of 
vital importance to developing and least developed countries, increase export-related transaction costs 
and place domestic industries at a clear disadvantage at the expense of other WTO Members' producers.  Consequently, the elimination of non- tariff barriers is essential to achieve a fairer 
distribution of the benefits of opening up international trade.  
 In the chemicals sector, the continued existen ce of non-tariff barriers acts as a disincentive to 
participation in international trade, to the point of  preventing any type of commercial exchange.  This 
has a seriously adverse impact on the internationa l competitive environment in a sector of vital 
importance for developing countries, whose chemical  industries are mainly composed of small and 
medium-sized enterprises.  
 The global chemical industry is essential to a broad range of manufacturing and agricultural 
industries, which use chemical inputs for practically all their products.  By virtue of their capacity to transfer state-of-the-art technology to all parts of  the world, chemical industries in countries at all 
levels of development can be  internationally competitive.
14  The global output of this sector for 2006 
is estimated at US$3 billion, 41 per cent of which – US$1.2 billion – is traded internationally.  
Chemical exports account for 10.6 per cent of total world goods exports and 15.1 per cent of world 
trade in manufactures.  Moreover, this sector employs more than 7 million people throughout the 
world.  Developing countries' share of world trade in chemicals has increased  considerably in recent 
years, from 16.5 per cent in 1990 to nearly 2 per cent in 2006.15 
  The negotiating proposal set out below is aime d at addressing distortions in the international 
trade in chemical products.  A coherent and r easonable line of action would provide guarantees for 
trade in chemical products and substances, enabli ng other industrial sectors to  diversify and produce 
finished goods at lower cost.  B. 
PRODUCT COVERAGE  
 Given the complexity of the sector, this proposal covers only chemical substances and 
preparations on which sufficient information is available and which pose minimum risk to human 
health and the environment.  The list of such substances should be agreed by consensus between 
WTO Members and their minimum risk status shoul d be substantiated by technical reports with 
appropriate scientific authority. 
 
                                                      
13 Submitted by Argentina (document TN/MA/W/104). 
14 Based on the United States communication in the NAMA negotiations (TN/MA/W/58). 
15 Based on WTO statistics.  TN/MA/W/103/Rev.1 
 Page 25 
 
 
  C. PRINCIPAL OBSTACLES TO NAMA NEGOTIATIONS ON NON -TARIFF BARRIERS  
 On the basis of an analysis conducted for th e chemicals sector, a number of obstacles have 
been identified which could usefully be considered  in the NAMA negotiations on non-tariff barriers. 
 
1. Substance labelling requirements 
 Although the labelling of chemical substances a nd preparations has the function of informing 
the consumer and/or user of essential product characteristics, labelling requirements may in many instances be excessive.  This probl em in exacerbated by the multiple requirements of certain 
Members, which bear no relation to internationall y agreed standards.  It is further compounded by 
constant changes in labelling regulations for such substances, which leads to a considerable increase 
in production costs. 
 
2. Requirements with regard to conformity assessment procedures 
 Conformity assessment procedures play an impor tant role in ensuring that products pose no 
risk to human health or the environment.  They  may, however, create unnecessary trade barriers by 
virtue of:  (i) the use of standards that are not in ternationally recognized;  (ii) non-recognition of third 
party tests and certificates;  (iii) wastage of samp les due to excess sampling;  and (iv) unnecessary 
testing and certification procedures.  All these re quirements constitute a major obstacle to trade, 
particularly for small and medium-sized enterprises.  
3. Substance registration and cost of registration 
 The registration requirement for chemical substances and preparations may constitute a 
complicated and costly market access procedure.  If the costs of conformity assessment, laboratory accreditation and labelling are added to the registra tion cost, the feasibility of market access is 
practically undermined.  4. Laboratory accreditation 
 In some cases, laboratories are required to co mply with national regulations which often go 
beyond the national requirements, thereby placing an additional obligation on enterprises through 
increased market access costs.  At the sa me time, laboratory accreditation becomes a sine qua non  for 
the products to gain access to the markets concerned.  
D. PARAMETERS
 FOR DISMANTLING NON -TARIFF BARRIERS IN THE CHEMICALS SECTOR  
1. Substance labelling requirements 
 Labelling requirements should be should be kept to the minimum necessary to meet the policy 
objective sought.  Members should agree on the maximum coverage of compulsory labelling 
requirements.  In addition, as regards the conten t of their respective requirements, Members should 
undertake to start negotiations in order to  define new standards where none exists. 
 
2. Requirements with regard to conformity assessment procedures 
 Members should undertake to: 
  - Agree on the nature of minimum risks for which a supplier declaration may be 
regarded as sufficient;  as mentioned under h eading II (Product Coverage), the list of 
minimum-risk products should be subs tantiated by sound scientific evidence; TN/MA/W/103/Rev.1 
Page 26  
 
   
 - gradually phase out conformity assessment procedures for products posing no serious 
risk to human health and/or the environment; 
  - use internationally recognized test methods for conformity assessment; 
 
 - recognize third country test methods, to the extent that they comply with international 
standards; 
  - abolish re-certification and re-declaratio n requirements for products which have not 
substantially changed. 
 
3. Substance registration and cost of registration 
 The mandatory registration of chemical substan ces and preparations should be standardized in 
such a way that each Member's domestic regulations  comply with internationally accepted standards.  
Once approved in the producer's country of origin, regi stration should be valid internationally, with no 
need for re-registration in third countries.  The ex cess costs that affect international trade in such 
products would thus be eliminated.  
4. Laboratory accreditation 
 Agreement should be reached on laboratories be ing required to comply with internationally 
agreed standards and to phase out requirements base d on national regulations.  The principles of good 
laboratory practice (GLP), adopted under Decision C(97)114/Final of the Organisation for Economic 
Co-operation and Development (OECD), are a good benchmark for ha rmonizing laboratory 
accreditation on the basis of the proced ures set forth in Standard ISO 17025. 
 
  TN/MA/W/103/Rev.1 
 Page 27 
 
 
  III. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN FIREWORKS16   
 
Members,  
Recalling  Paragraph 16 of the Doha Ministeria l Declaration and Paragraph 22 of the 
Hong Kong Ministerial Declaration, where Members agr eed to negotiate with a view to reducing or as 
appropriate eliminating tariffs  and non-tariff barriers to trade in non-agricultural products; 
 
Considering the significant impact of fireworks on human safety, property and the 
environment and the lack of applicable  international standards on fireworks;  
 
Noting  that unreasonable and duplicative technica l regulations, standards and conformity 
assessment procedures on fireworks greatly impede  the international trade in fireworks;  
 
Desiring  to facilitate international trade in firewo rks through the establishment of universally 
accepted technical regulations, standards a nd conformity assessment procedures;   
 
Hereby agree  as follows: 
 
Article 1 - General Provisions 
 
1.1  The Understanding applies to fireworks under HS 360410.   1.2  The Understanding applies to technical re gulations, standards, and conformity assessment 
procedures related to the production and trade of fireworks that impede international trade. 
 
1.3  The provisions specified in the Understa nding shall constitute an interpretation of the 
Agreement on Technical Barriers to Trade set out  in Annex 1A to the Marrakesh Agreement 
Establishing the World Trade Organization. 
 
Article 2 - Terms and Definitions 
 2.1  Firework  refers to any article cont aining explosive substances or  an explosive mixture of 
substances designed to produce heat, light, sound, gas,  or smoke, or a combination of such effects, 
through self-sustained exothermic chemical reactions intended for entertainment purposes. 
 
2.2  The terms and definitions referred to in the WTO Agreement on Technical Barriers to Trade 
and those in relevant ISO/IEC standard s shall apply to this Understanding. 
 
Article 3 - International Standards 
 
3.1  The WTO shall draw the attention of relevant  international standard- setting organizations to 
the absence of international standards of firewo rks and encourage them to prioritize fireworks 
standards development.   3.2  WTO Members are encouraged to participat e actively in the development of international 
standards for fireworks. 
 
 
                                                     
 
16 Submitted by the People's Republic of China (document TN/MA/W/102).  TN/MA/W/103/Rev.1 
Page 28  
 
  Article 4 - Conformity Assessment Procedures 
 
4.1  Given the risks and costs inherent in long- distance transportation of hazardous fireworks test 
samples, a Member shall give positive considerati on to recognize an assurance of conformity issued 
by a conformity assessment body approved for that purpose by the authorities of another Member in 
accordance with relevant international standard s (e.g. ISO/IEC17025). A Member may, however, 
require as a condition for accepting such a declaratio n of conformity that the conformity assessment 
body that issued it participates in or being a memb er of relevant international accreditation systems 
(e.g., systems linked to the International Laboratory Accreditation Cooperation, ILAC). 
 
4.2  A Member shall accept fireworks hazard classification certificates issued by competent 
laboratories of another Member in accordance with UN Series 6 Test of the United Nations Recommendations on the Transport of Dangerous Goods.  4.3  In case that there is a registration requirem ent on fireworks, a Member should finish its 
registration process and release the registration c ode within 60 days upon the acceptance of relevant 
documents.  4.4  A Member shall avoid re-testing fireworks on which another Member are competent to carry out compliance testing according to the technical requirements of that Member and has already undertaken the relevant testing accordingly. 
 
Article 5 - Labelling  
 
5.1  Considering the difficulty of manufacturers  and exporters to meet Members’ divergent 
labelling requirements with respect to the inform ation, format, colour difference and position of 
labelling, Members shall take positive measures to harmonize their labelling requirements. 
 
5.2  Before the imposition of interna tional labelling standards on fireworks, a Member shall make 
best effort to ensure the consistency of its dom estic labelling requirements. If a Member proposes to 
adopt or amend a technical regulation or conformity  assessment procedures with respect to labelling, 
it shall notify other Members through the Secretaria t or through its WTO Enquiry Point no less than 
60 days before the formal adoption of the requirements.  
 
Article 6 -Transparency 
 
6.1  Before amending an existing or adopting a ne w technical regulation, standards or conformity 
assessment procedure, Members shall allow reasonabl e time for consultations with and interested 
party and take other Members’ comments into cons ideration. A Member shall notify the WTO of the 
technical regulations, standards and conformity  assessment procedures on fireworks adopted or 
amended thereafter.  6.2  Upon request of other Members, a Member shall provide in a timely manner copies of:  
 
- its latest versions of its technical regulations , standards and test manuals on fireworks, and 
- the deadline for conducting each conformity assessment procedure. 
 
Article 7 - Technical Cooperation 
 
7.1  A Member shall conduct necessary consultati ons with interested Members in developing 
domestic technical regulations, standards and conformity assessment procedures on fireworks. 
  TN/MA/W/103/Rev.1 
 Page 29 
 
 
  7.2  As provided for in Article 11 of the TB T Agreement, developed country Members shall 
provide, on request and on mutually agreed terms and conditions with devel oping and least-developed 
country Members, technical cooperation in the prep aration of the plans as well as the implementation 
of the commitments under this Understanding.  
 
7.3  WTO Members should strengthen exchange of  technology, experience and information with 
respect to technical regulations, standards a nd conformity assessment procedures on fireworks. 
 
Article 8 - Final Provisions 
 8.1  The Committee on Technical Barriers to Trade shall review the operation and implementation 
of this Understanding on an annual basis.   TN/MA/W/103/Rev.1 
Page 30  
 
   
IV. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON
  
TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN LIGHTER 
PRODUCTS  17 
Members, 
 
 Recalling Paragraph 16 of the Doha Ministerial Declaration and Paragraph 22 of the 
Hong Kong Ministerial Declaration, where Members agr eed to negotiate with a view to reducing or as 
appropriate eliminating tariffs  and non-tariff barriers to trade in non-agricultural products; 
 
 Considering  the significant impact of lighter products on human life, safety and health, and 
on transportation; 
 
 Noting  that some members apply diverse technical measures which greatly affect the 
international trade of lighter products; 
 
 Desiring to facilitate international trade of light er products through the establishment of 
universally accepted technical regulations, st andards and conformity assessment procedures; 
 
 Hereby  agree  as follows: 
 
Article 1 General Provisions 
 
1.1  The products covere d by this understanding: 
 
HS Code    Description  
961310   Pocket lighters, non refillable 
961320   Pocket lighters, gas fuelled, refillable 
961380   Other lighters 
 
1.2  This understanding applies to the technical regulations, standards and conformity assessment 
procedures concerning lighter products.  
1.3  The provisions specified in the Understa nding shall constitute an interpretation of the 
Agreement on Technical Barriers to Trade set out  in Annex 1A to the Marrakesh Agreement 
Establishing the World Trade Organization. 
 
Article 2 Technical Regulations 
 
2.1  According to Article 2.4 of the TBT Agreem ent, members shall use the existing international 
standard ISO9994 as basis for the preparation a nd revision of their technical regulations and 
standards, with a view to facilitating th e international trade of lighter products. 
 
2.2  Recognized that the international standard  ISO9994 has already satisfied the safe use of 
lighter products, the importing members shall allow the access to their markets of products 
manufactured by the exporting members according to ISO9994. 
 2.3  According to Article 2.8 of the TBT Agreem ent, members shall specify technical regulations 
based on product requirements in terms of perform ance rather than price or outward appearance. 
 
                                                     
 
17 Submitted by the People's Republic of China (document TN/MA/W/90/Add.1).  TN/MA/W/103/Rev.1 
 Page 31 
 
 
   
 
Article 3 Conformity Assessment Procedures 
 
3.1  To facilitate international trade and reduce th e risk and cost of sample lighter products being 
transported to other countries for test, importing me mbers shall positively consider the possibilities of 
accrediting laboratories, designated or accredited by the government of the exporting members and 
run under ILAC agreements as per Standard ISO/ IEC17025, and on this basis recognize their testing 
results. 
 
3.2  Where the importing members do not have the testing capacities, priority shall be given to 
accrediting testing reports issued by laboratories in compliance with ISO/IEC17025 and accredited by 
ILAC and designated or accredited by government of the exporting members.  
 3.3  Importing members shall avoid duplicative testing where the exporting members are capable 
of meeting their technical requirements and ha ve already carried out the relevant tests. 
 
3.4  The importing members shall make full use of the technical resources (such as the laboratory) 
of the exporting members, conduct joint tests or comparative tests, etc. 
 
Article 4 Transparency 
 
4.1  According to Articles 2.9 and 5.6 of the TBT Agreement, when preparing lists of types or models of lighter products forbidden to put on thei r markets, members shall fulfil their obligation of 
transparency and notify the WTO, and offer a period for comments of at least 60 days, and publish the 
results of their treatment of the comments. 
 
4.2  To facilitate international trade of lighter  products, the importing members shall provide the 
exporting members with the list of lighter products and its updates denied by their regulations to their 
markets. 
 
Article 5 Technical Cooperation 
 5.1  When developing members have difficulties in  meeting the requirements of lighter products 
imposed by developed members in the technical regulations, standards and conformity assessment 
procedures they prepared, upon request, the deve loped members shall provide necessary technical 
assistance.  
 Members shall take effective measures to e nhance the exchange of technology, experience 
and information in the field of technical regulati ons, standards and conformity assessment procedures 
for lighter products. 
 
 TN/MA/W/103/Rev.1 
Page 32  
 
  V. DECISION ON THE ELIMINATION OF NON-TARIFF BARRIERS IMPOSED AS 
UNILATERAL TRADE MEASURES 
18 
Members, 
  Recalling  that the Marrakesh Agreement is desi rous of contributing to sustainable 
development and growth in international trade by en tering into reciprocal and mutually advantageous 
arrangements directed to the substantial reduction of  tariffs and other barriers to trade and to the 
elimination of discriminatory treatment in international trade relations; 
 Noting  that, pursuant to paragraph 16 of the Doha Ministerial Declaration, Members agreed to 
negotiations on non-agricultural products aimed at re ducing or, as appropriate, eliminating tariffs and 
non-tariff barriers on non-agricultural products, in pa rticular on products of interest to developing 
countries; 
 Stressing that the international community has rep eatedly called for urgent and effective 
measures to ensure that its members refrain from applying and eliminate unila teral coercive economic 
measures; 
 Emphasizing  that such actions not only undermine basic WTO principles and principles 
enshrined in the Charter of the United Nations and international law, but also severely threaten the 
freedom of trade and transit;   Mindful of the fact that the WTO Agreements do not authorize the application of unilateral 
measures; 
 Agree as follows:  
1. Members shall not adopt or apply any unilate ral economic or trade measures against any other 
Member, given that such measures are inconsistent with the letter and spirit of the WTO Agreements. 
2. Members shall eliminate all unilateral trad e measures imposed on other Members within the 
first year following the adoption of this Decision,  thereby enhancing market access opportunities, in 
particular for developing countries, and shall notif y this fact in writing to the Council for Trade in 
Goods. 
3. Members shall regularly review their non-tari ff measures to ensure that they do not constitute 
disguised restrictions on international trade. 
4. Members shall ensure that no trade measure against another Member affects the commercial 
interests or the rights and obligations of third parties. 
5. Members shall refrain from having recour se to Articles XX and XXI of the GATT 1994 in 
order to impose unilateral trade measures in a manne r which would constitute a means of arbitrary or 
unjustifiable discrimination, unless the grounds theref or are substantiated or there is a general 
international understanding with regard to the ju stification for recourse thereto, respectively. 
6. Members seeking to apply a unilateral measure shall notify the Council for Trade in Goods of 
their intention in writing, indicating the nature of th e measure and its legal basis, scope and objectives, 
so that Members' considerations can be taken into account. 
7. The Council for Trade in Goods shall conduct an annual review of the progress made in 
respect of compliance with the provisions of th is Decision and report to the General Council. 
                                                     
 
18 Submitted by Cuba (document TN/MA/W/94/Rev.1).  TN/MA/W/103/Rev.1 
 Page 33 
 
 
  VI. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN ELECTRONICS
19 
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;   Desiring  to further the expansion of production and trade in the area of electrical and 
electronics equipment, electrical household appliances and consumer electronics (hereinafter 
electronics), so as to promote growth and employment and bridge global digital divides;   Convinced  that reduction and, as appropriate, elimin ation of obstacles to trade in electronics 
caused by divergent, duplicative and burdensome na tional standards, technical regulations and 
conformity assessment procedures will be to the be nefit of all Members, taking into account the 
importance of trade in electronics for developing countries and of the global nature of the industry;   Recalling  the current obligations in the Agreem ent on Technical Barriers to Trade that 
standards, technical regulations and conformity assessment procedures be based, where appropriate, 
on relevant international standards and be perfo rmance-based rather than prescriptive, and not 
prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to 
international trade;   Recalling  the work by the ITA Committee on conformity assessment procedures and the 
guidelines on electromagnetic compatibility agreed among ITA Members;  
 
 Recognizing  the important role of the TBT Committee in providing Members an opportunity 
to consult on matters related to the operation of  the TBT Agreement and the furtherance of its 
objectives, as well as the Committee’s ability to establish working parties or other bodies as may be 
appropriate;  
 Noting  that the reduction and, as appropriate, elim ination of non-tariff barriers in electronics 
does not prevent Members from taking measures consis tent with the Agreement on Technical Barriers 
to Trade that are necessary to, inter alia , protect human, animal, or plant life or health or the 
environment; or to prevent deceptive practices; or to protect essential security interests; 
 
 Desiring  to interpret the provisions of the Agreem ent on Technical Barriers to Trade as they 
apply to standards, technical regulations and conformity assessment procedures for trade in 
electronics products;   Hereby agree  as follows: 
 
1. This Understanding ap plies to standards, technical re gulations, and conformity assessment 
procedures related to the safety of electrical equipment and their electromagnetic compatibility 
(EMC) and covers the electrical and electronics equipment, electrical household appliances and consumer electronics specified in Annex 1 of this Understanding.  
 
2.  The terms used in this Understanding sha ll have the same meaning as in the Agreement on 
Technical Barriers to Trade, unless otherwise specified in Annex 2 of this Understanding. 
                                                     
 
19 Submitted by the European Communities (document JOB(07)/42/Rev.1). TN/MA/W/103/Rev.1 
Page 34  
 
   
Relevant International Standard s and Standard-Setting Bodies 
3. For the purpose of applying Articles 2.4, 5. 4 and point F of Annex 3 of the TBT Agreement 
regarding safety of electrical equipment and their electromagnetic compatibility for the products under this Understanding, the International Or ganization for Standards (ISO), International 
Electrotechnical Commission (IEC) and the Intern ational Telecommunication Union (ITU) shall be 
considered relevant interna tional standard-setting bodies.
20  
Conformity Assessment Procedures 
4.  In respect to all products covere d under this Understanding, where a Member21 requires 
positive assurance of conformity with its applicable  technical regulations or standards relating to 
safety of electrical equipment and electromagnetic compatibility (EMC) for accepting the product on 
its market, that Member shall for the purpose of applying Article 5.1.2 of the TBT Agreement accept 
any one or more of the following options as a means for providing such positive assurance of 
conformity:  
 
(a)  a supplier's declaration of conformity as assurance of conformity with such standards 
or technical regulations;  
and/or  
(b)  an assurance of conformity22 with such standards and technical regulations issued by 
a conformity assessment body approved for th at purpose by the authorities of another 
WTO Member. 
 
5.  Where a supplier’s declaration is accepted in accordance with paragraph 4(a), the Member 
shall accept that the supplier in that country ha s sole responsibility for issuing, changing or 
withdrawing the declaration of conformity. The Member may require that the declaration of 
conformity shall identify the supplier, or the suppl ier’s authorised representative, the goods covered 
by the declaration, and the technical regulations with which conformity is declared.23 Registration of 
the product with the authorities of the Member sh all not be required. Testing of the product by 
recognized testing laboratories on the territory of th e Member shall not be mandatory; if testing is 
undertaken, the choice of the test laboratory shall rest with the supplier. 
6.  Where a declaration of conformity is required in accordance with paragraph 4(b), the Member 
shall accept that the supp lier declares that the product meets the technical regulations on the basis of 
an assurance of conformity issued by a conform ity assessment body approved for that purpose by the 
authorities of another Member. A Member may, however, require as a condition for accepting such a 
declaration of conformity that the conformity assess ment body that issued it participates in relevant 
international accreditation systems (e.g., systems li nked to the Internationa l Laboratory Accreditation 
Cooperation, ILAC, and the Interna tional Accreditation Forum, IAF) or is signatory of international 
accreditation schemes (such as multilateral agreements  (MLA) of regional accreditation associations, 
or the IECEE Certification Body (“CB”) scheme for the conformity testing and certification of 
electrical equipment or the IEC Ex Scheme for certification to standa rds relating to equipment for use 
                                                      
20 This does not preclude that Member s, individually or collectively, may also recognize other relevant 
international standard-setting bodies.  
21 These paragraphs only apply in so far and wh en a Member has adopted standards, technical 
regulations or conformity assessment procedures on  any product falling under this Understanding.  
22 This may be in the form of certificate or other forms of statements of conformity. 
23 When a suppliers' declaration of conformity is for a batch of products, it shall cover each article of 
the batch.  TN/MA/W/103/Rev.1 
 Page 35 
 
 
  in explosive atmospheres).24 Testing of the product by recognised testing laboratories on the territory 
of the Member shall in no case be mandatory. Regi stration of the product with the authorities of the 
Member shall not be required.  
7. When practicable, especially taking into ac count possible capacity constraints of developing 
countries, Members requiring positive assurance of  conformity for produc ts covered by this 
Understanding should endeavour to accept supplier’s declaration of conformity in accordance with 
paragraphs 4(a) and 5 of this Understanding. 
Transparency 
8.  Notwithstanding Articles 2.9 and 5.6 of the TBT Agreement, before amending an existing or 
adopting a new standard, technical regulation or c onformity assessment procedure that may have a 
significant effect on trade, Members shall allow reas onable time for consultations with any interested 
party and, whenever possible, conduct an assessment of their expected impact.  
9.  For the purpose of enabling interested par ties to become acquainted with all technical 
regulations, in accordance with Article 2.11 of th e TBT Agreement, Members shall ensure that any 
standard, technical regulation or conformity assessment procedure in force is publicly available and 
easily accessible to interested parties.  
Transitional Arrangements and Technical Cooperation 
10.  No Member shall be obliged to apply the pr ovisions of this Understanding before the expiry 
of a period of one year following its entry into force.  
11.  Developing country Members are entitled to extend the transition period provided for in 
paragraph 10 by one additional year for the applica tion of paragraphs 3 of this Understanding and two 
years for the application of paragra phs 4 to 7 of this Understanding.  
12.  Developing country Members shall, no later than the expiry of the period provided for in 
paragraph 10, notify a plan for the implementation of  the commitments undertaken in paragraphs 4 to 
7 of this Understanding. As provided for by Artic le 11 of the TBT Agreement, developed country 
Members shall provide, on request and on mutually agreed terms and conditio ns with developing and 
least-developed country Members, technical cooperation in the preparation of the plans as well as the 
implementation of the commitmen ts under this Understanding.  
Working Party on Electrical and Electronics Goods  
13.  Pursuant to Article 13.2 of the TBT Agre ement, the TBT Committee, in coordination with 
the ITA Committee, shall establish a Working Party on Electrical and Electronics Goods. The Working Party shall oversee the operation and implem entation of this Unders tanding and the list of 
products contained in Annex 1, a nd to address any developments in global trade in electronics of 
importance to this Understanding, with particular  emphasis on issues of interest and concern to 
developing Members. 
14. On a triennial basis following the expiry of  the general period provided in paragraph 10 of 
this Understanding, the Working Party shall ex amine Members’ regimes with respect to the 
paragraphs contained here in and the listed products contained in  Annex 1 of this Understanding with 
the aim of gradually expanding the product list.   
15.  The Annexes to this Understanding constitute an integral part thereof. 
                                                     
 
24 Members shall encourage their competent bodies to participate in international accreditation systems 
and to become signatories of international accreditation schemes. TN/MA/W/103/Rev.1 
Page 36  
 
  A
NNEX 1 
ELECTRICAL AND ELECTRONIC EQUIPMENT , ELECTRICAL HOUSEHOLD APPLIANCES  
AND CONSUMER ELECTRONICS COVERED UNDER THIS AGREEMENT  
 
[Scope to be determined :  
  This Agreement covers the products cont ained in the WTO Information Technology 
Agreement and the products listed below, except fo r those with a voltage range of higher than 1000 
voltage for alternating current a nd 1500 voltage for direct current, parts and components for motor 
vehicles, and products for specific uses when duly justified and appropriate to the potential level of 
risk.]   
HS2002 
No. PRODUCT DESCRIPTION 
841451 Table, floor, wall, window, ceiling or roof fans,  
841459 Fans (excl. Table, floor, wall, window, ceiling or roof fans) 
841460 Hoods incorporating a fan 
841510 Window or wall air conditioning machines, self-contained 
841581 Air conditioning machines incorporating a refrigerating unit and valve for reversal of the 
cooling/heat cycle, nes. 
841582 Air conditioning machines incorporating a refrigerating unit, nes. 
841583 Air conditioning machines comprising a motor-drive 
841810 Combined refrige rator-freezers, with separate external doors 
841821 Household refrigerators, compression-type 
841822 Household electrical re frigerators, absorption-type 
841829 Household refrigerators, non-electrical, absorption type 
841830 Freezers of the chest type, of a capacity <= 800 l 
841840 Freezers of the upright type, of a capacity <= 900l 
841850 Refrigerated or freezing chests, cabinets, display 
842211 Dish-washing machin es of the household type 
842219 Dish-washing machines (excl. Those of the household) 
842430 Water cleaning appliances with built-in motor 
845011 Fully-automatic household or laundry-type washing machines 
845012 Household or laundry-type washing machines, with built-in centrifugal dryer 
845019 Household or laundry-type washing machines, of a dry linen capacity <=10kg, nes. 
845020 Laundry-type washing machines, of a dry linen capacity >10kg 
845121 Drying machines, of a dry linen capacity <= 10 kg  
845129 Drying machines for textile yarns, fabrics or made up textiles articles 
846912 Typewriters, automatic (excl. Word-processing machines) 
846920 Typewriters, electric (excl. Automatic typewriters 
850110 Motors of an output <= 37,5 w 
850120 Universal ac/dc motors of an output > 37,5 w 
850131 Dc motors of an output > 37,5 w but <= 750 w  
850132 Dc motors and dc generators of an output > 750 w b 
850133 Dc motors and dc generators of an output > 75 kw b 
850134 Dc motors and dc generators of an output > 375 kw 
850140 Ac motors, single-phase, of an output > 37,5 w 
850151 Ac motors, multi-phase, of an output > 37,5 w but  
850152 Ac motors, multi-phase, of an output > 750 w but <75kw 
850153 Ac motors, multi-phase, of an output > 75 kw 
850161 Ac generators "alternators", of an output <= 75 kva 
850162 Ac generators 'alternators', of an output > 75 kva 
850163 Ac generators 'alternators', of an output > 375 kva  TN/MA/W/103/Rev.1 
 Page 37 
 
 
  HS2002 
No. PRODUCT DESCRIPTION 
850164 Ac generators 'alternators', of an output > 750 kva 
850231 Generating sets, wind-powered 
850239 Generating sets (excl. Wind-powered and powered by spark-ignition internal combustion piston 
engines) 
850240 Electric rotary converters 
850421 Liquid dielectric transformers, having a power handling capacity <=650kva 
850422 Liquid dielectric transformers, having a power handling capacity>650kva to 1600kva 
850423 Liquid dielectric transformers, having a power handling capacity>1600kva to 10,000kva 
850431 Transformers having a power handling capacity <= 1kva  
850432 Transformers, having a power handling capacity > 1kva to 16kva 
850433 Transformers having a power handling capacity > 16kva 
850434 Transformers having a power handling capacity > 500kva,nes. 
850440* Static converters 
850450* Inductors (excl. Inductors for discharge lamps or tubes) 
850490 Parts of electrical tran sformers and inductors, nes. 
850530 Electro-magnetic lifting heads 
850590 Electromagnets and their parts (excl. Magnets for medical use) 
850610 Manganese dioxide cells and batteries (excl. Spent) 
850630 Mercuric oxide cells and batteries (excl. Spent) 
850640 Silver oxide cells and batteries (excl. Spent) 
850650 Lithium cells and batteries (excl. Spent) 
850660 Air-zinc cells and batteries (excl. Spent) 
850680 Primary cells and primary batteries, electric (excl. Spent) 
850690 Parts of primary cells and primary batteries, n.e. 
850710 Lead-acid accumulators of a kind used for starting piston engines 
850720 Lead acid accumulators (excl. Spent and starter batteries) 
850730 Nickel-cadmium accumulators (excl. Spent) 
850740 Nickel-iron accumu lators (excl. Spent) 
850780 Electric accumulators (excl. Spent and lead-acid, nickel-cadmi um, nickel-iron, nickel-hydride, 
lithium-ion accumulators) 
850910 Domestic vacuum cleaners,  incl. Dry cleaners and wet vacuum  cleaners, with self-contained 
electric motor 
850920 Domestic floor polishers, with self-contained electric motor 
850930 Domestic kitchen waste disposers, with self-contained electric motor 
850940 Domestic food grinders and mixers and fruit or  vegetables juice extractors, with self-contained 
electric motor 
850980 Electro-mechanical ho usehold appliances, with self-contained electric motor 
851010 Electric shavers 
851020 Hair clippers with self-contained electric motor 
851030 Hair-removing appliances w ith self-contained electric motor 
851090 Parts of electric shavers, hair clippers and hair-removing appliances 
851310 Portable electrical lamps, battery or magneto powered, nes. 
851410 Resistance heated industrial  or laboratory furnaces and ovens 
851420 Furnaces and ovens functioning  by induction or dielectric loss 
851430 Electric industrial or laboratory furnaces and ovens 
851440 Industrial or laboratory induction or dielection heating equipment, nes. 
851511 Soldering irons and guns, electric 
851519 Brazing or soldering mach ines (excl. Soldering irons) 
851521 Fully or partly automatic machines for resi stance welding of metal, fully or partly automatic 
851529 Machines for resistance welding of metals, neither fully nor partly automatic 
851531 Fully or partly automatic machines for arc welding of metals 
851539 Machines for arc welding of  metals, incl. Plasma arc welding 
851580 Electric machines and apparatus for laser or other TN/MA/W/103/Rev.1 
Page 38  
 
  HS2002 
No. PRODUCT DESCRIPTION 
851610 Electric instantaneous or storag e water heaters and immersion heaters 
851621 Electric storage heating radiators, 
851629 Electric space -heating and soil-heating apparatus  
851631 Electric hairdryers 
851632 Electro-thermic hair dressi ng apparatus (excl. Hairdryers) 
851633 Electric hand-drying apparatus 
851640 Electric smoothing irons 
851650 Microwave ovens 
851660 Electric ovens, cookers, cooking plates and boiling rings and hobs 
851671 Electro-thermic coffee or tea makers, for domestic use 
851672 Electric toaste rs, for domestic use 
851679 Electro-thermic app liances, for domestic use  
851680 Electric heating resistors (excl. Th ose of agglomerated carbon or graphite) 
851810* Microphones and stands therefore (excl.  Cordless microphones with built-in transmitter) 
851821 Single loudspeakers, mounted in their enclosures 
851822 Multiple loudspeakers, mounted in the same enclosures 
851829 Loudspeakers, without enclosure 
851830* Headphones and earphones, whether or not combined  
851840 Audio-frequency electric amplifiers 
851850 Electric sound amplifier sets 
851910 Coin-operated or disc-operated record-players 
851921 Record player s without loudspeaker 
851929 Record players with loudspeaker (excl. Coin-operated) 
851931 Turntables 'r ecord-decks', with automatic record-changer 
851939 Turntables 'record-decks', without automatic record-changer 
851940 Transcribing machines 
851992 Pocket-size cassette players 'dimensions <= 170 mm 
851993 Cassette players "play only" (exc l. Pocket-size and dictating machines) 
851999 Sound-reproducing apparatus, not incorporating a sound recording device) 
852010 Dictating machines not capable of operating without external power source 
852032 Magnetic tape recorders incorporating sound-reproducing 
852033 Cassette recorders incorporating sound-reproducing 
852039 Magnetic tape recorders incorporating sound-reproducing 
852090 Magnetic sound recording or reproducing equipment, nes. 
852110 Magnetic tape-type video recording or reproducing apparatus for magnetic tape 
852190 Video recording or reproducing apparatus, whether or not incorporating a video turning 
852510* Transmission apparatus for radio-telephony, radio-broadcasting or television 
852530 Television cameras (e xcl. Video camera recorders) 
852540* Still image video cameras and other video camera recorders 
852610 Radar apparatus 
852691 Radio navigational aid apparatus 
852692 Radio remote control apparatus 
852712 Pocket-size radiocassette players  
852713 Radio-broadcast receivers capable of ope rating without external source of power, nes 
852719 Radio-broadcast receivers capable of operating with batteries 
852731 Radio-broadcast receivers, for mains opera tion only, with analogue/digital reading system 
852732 Radio-broadcast receivers, fo r mains operation only, with clock 
852739 Radio-broadcast receivers, fo r mains operation only, without clock 
852790 Receivers for radio-te lephony, radio-telegraphy  
852812 Television receivers, colour, whether or not incorporating a video recorder or reproducer 
852813 Television receivers, black and white or other monochrome  
852821 Video monitors, colour 
852822 Video monitors, black and white or other monochrome  TN/MA/W/103/Rev.1 
 Page 39 
 
 
  HS2002 
No. PRODUCT DESCRIPTION 
852830 Video projectors 
852910* Aerials and aerial reflectors of all kinds; parts  
852990* Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528, others 
853110 Burglar or fire alarms and similar apparatus 
853180 Electric sound or visual signalling apparatus (excl. Flat/indicator LEC/LED panels) 
853510 Fuses for a voltage > 1.000 v 
853521 Automatic circuit breakers for a voltage > 1.000 v 
853529 Automatic circuit breakers for a voltage >= 72,5 k 
853530 Isolating switches and make-and-break switches, for a voltage >1000v 
853540 Lightning arresters, voltage limiters and surge suppressors for a voltage>1000v 
853590 Electrical apparatus for switching, protecting or making connections to or in electrical circuits, for a 
voltage >1000v 
853610 Fuses for a voltage <= 1.000 v 
853620 Automatic circuit breakers for a voltage <= 1000 v 
853630 Apparatus for protecting electri cal circuits for a voltage <1000v 
853641 Relays for a voltage <= 60 v 
853649 Relays for a voltage > 60 v but <= 1.000 v 
853650* Switches for a voltage <= 1.000 v (exc l. Relays and automatic circuit breakers) 
853669* Plugs and sockets for a voltage <= 1.000 v (excl. Those for coaxial cables and printed circuits) 
853690* Electrical apparatus for switching electrical circuits 
853710 Boards, cabinets and similar combinations of apparatus (excl. Numerical control panels) 
853720 Boards, cabinets and similar combinations of apparatus for electric control or the distribution of 
electricity 
853810 Boards, panels, consoles, desks, cabinets and other bases for electric control 
853910 Sealed b eam lamp units 
853921 Tungsten halogen filament lamps (excl. Sealed beam lamps units) 
853922 Filament lamps of a power <= 200 w and for a voltage >100v 
853929 Filament lamps, electric (excl. Tungsten halogen lamps) 
853931 Discharge lamps, fluorescent, hot cathode 
853932 Mercury or sodium vapour lamps; metal halide lamps 
853939 Discharge lamps (excl. Fluorescent, hot cathode lamps 
853941 Arc-lamps 
853949 Ultraviolet or infra-red lamps 
854011 Cathode ray television picture tubes, incl. Video, colour 
854012 Cathode-ray television picture tubes, incl. Video, black and white or other monochrome 
854020 Television camera tubes; image converters and intensifiers and other photo cathode tubes 
854040 Data/graphic display tubes, colour , with a phosphor dot screen pitch<0.4mm 
854050 Data/graphic display tubes, black and white or other monochrome 
854060 Cathode-ray tubes (excl. Television and video-monitors) 
854071 Magnetrons 
854072 Klystrons 
854079 Microwave tubes 
854081 Receiver or amplifier tubes 
854089 Electronic valves and tubes (e xcl. Receiver or amplifier tubes) 
854320 Signal generators, electrical 
854330 Machines and apparatus for electroplating 
854340 Electric fence energisers 
854381 Proximity cards and tags, generally consisting of an integrated circuit 
854389* Electrical machines and apparatus, having individual functions 
854420 Coaxial cabl es, antenna feeders 
854441* Telecommunications cabl es, optical cables (other elect ric conductors, voltage <80v) 
900912 Laser multifunction printers 
* These are, in part, covered by ITA.  TN/MA/W/103/Rev.1 
Page 40  
 
  A
NNEX 2 
TERMS AND THEIR DEFINITIONS FOR THE PURPOSE OF THIS UNDERSTANDING  
 
 For the purpose of this Understanding, the following definitions25 shall apply: 
 
 "Safety of electrical equipment" means that equipment, having been constructed in accordance with good engineering practice in safety  matters, does not endanger the safety of persons, 
domestic animals or property when properly installe d and maintained and used in applications for 
which it was made. 
 
 "Electromagnetic compatibility" means the ability of a device, unit of equipment or system to function satisfactorily in its electromagnetic environment without introducing intolerable 
electromagnetic disturbances to anything in that environment.   "Supplier" means any party that supplies the product and may be a manufacturer, distributor, 
importer, assembler, etc., as defined in ISO/IEC Guide 22:1996 
  "Conformity assessment" means the demonstration that specified requirements relating to a product, process, system, person or body are fulfille d. Conformity assessment can be performed as a 
first-party, second-party or third-party activity a nd covers activities such as testing, inspection and 
certification. [Why is the definition different from Annex 1, para 3 of the TBT?] 
  "Test laboratory" means a conformity assessment body that performs testing services and which has received attestation conveying formal de monstration of its competence to carry out these 
specific tasks.  
 
 "Designation" means governmental authorisation of a conformity assessment body or test laboratory to perform specified conformity assessment activities.   "International accreditation system": IL AC, International Laboratory Accreditation 
Cooperation, and IAF, Intern ational Accreditation Forum. 
 
 "International accreditation scheme": ILAC In ternational Mutual Recognition Agreements 
and IAF Multilateral Rec ognition Arrangement (MLA) 
   "Interested party" means any legal or natural person affected by the policy, those who will be 
involved in implementation of the policy, and bodies that have stated objectives giving them a direct 
interest in the policy. 
                                                     
 
25 Based on ISO/IEC 17000:2004  TN/MA/W/103/Rev.1 
 Page 41 
 
 
  VII. REVISED SUBMISSION ON EXPORT TAXES26 
A. INTRODUCTION  
1. All import-dependent WTO Members are sensitive to the measures imposed by a few 
countries that restrict exports. In the extreme case, export taxes may be set at prohibitive levels and, 
hence, be tantamount to export restrictions or ev en export prohibitions. Expor t taxes can thus have 
serious distortive effects on global commodity trad e when applied by major suppliers. In addition, 
when used for industrial or trade policy purposes, e xport taxes can serve as indirect subsidization of 
processing industries and influence international trad ing conditions of these goods. As in the case of 
import tariffs, export taxes have similar effect to ta riff escalation. Thereby, the measures may obstruct 
the aspirations of WTO Members, in particular deve loping countries, to build new (infant) processing 
industries in specific sectors where export taxes by  other countries are prevalent on the raw materials 
or other inputs (as illustrated by the Joint Statement by the leather associations of West Africa and the 
EU previously submitted by the EC to the NGMA). Furthermore, export taxes can serve to displace 
imports on the market of the country imposing th e taxes, both for imported goods in direct 
competition with the taxed products and for impor ted processing products. In such cases, export taxes 
are similar other forms of NTBs on imports. 
 2. These various negative effects of export tax es are not new. But among the reasons for the 
growing importance of export taxes today are inter alia : 
 
• the recent proliferation in the use of these inst ruments, which is possible under the weaker 
WTO rules on export taxes compared to those on import restrictions or other forms of NTBs; 
and  
 
• the short global supply of some specific commodities, despite their abundance in a few 
countries – a situation that is aggravated by export taxes in key supplying countries. 
 3. Finally, it should be underscored that the current proliferation of export taxes and their 
increased distortions to global trade are in contra diction to the developments on import barriers. 
Serious efforts are underway in DDA to reduce duti es, eliminate tariff escalation and minimise NTBs 
on import. In contrast, very little progress has so far been made on export taxes.   B. 
EC POSITION ON EXPORT TAXES  
4. The EC proposal on export taxes in the NAMA  negotiations tabled in April 2006, and the 
subsequent legal draft tabled in March 2007, aims to fully reflect the importance of establishing balanced and proportionate WTO rules for Members’ use of export taxes. The main elements of the 
EC proposal on export taxes are threefold:   
(1) Confirmation and operationalisation of basic GATT disciplines to apply to those 
situations where WTO Members use export taxes for industrial or trade policy 
purposes with negative effects on other WTO Members and especially on developing countries. In line with core objectives of the WTO and GATT, this would prevent “beggar thy neighbour” practices. In partic ular, the approach proposed builds upon 
existing GATT rules on export duties and charges, inter alia  GATT Articles I, VII, 
VIII and XVII, as well as incorporates othe r key elements of the GATT acquis. Under 
the EC proposal, this also includes a number of legitimate situations under existing GATT rules where export taxes could be main tained or introduced, such as financial 
                                                     
 
26 Submitted by the European Communities (document TN/MA/W/101). TN/MA/W/103/Rev.1 
Page 42  
 
  crises, infant industry, environment (preserva tion of natural resources) and local short 
supply.  
(2) Incorporation of additional flexibility for small developing country Members and 
least-developed country Members to mainta in or introduce export taxes in other 
situations, i.e. over and beyond what would be allowed through the strict application 
of GATT rules to export taxes.  
(3) Limitation of the GATT disciplines for e xport taxes to non-agricultural products in 
recognition of the mandate for NAMA (hen ce, agricultural products are excluded 
where export taxes are currently in force in many developing countries).  
5. Thereby, the EC proposal seeks to establis h a workable compromise in the area of export 
taxes between those many countries affected by th e “beggar thy neighbour” measures adopted by a 
few major suppliers and other large economies, a nd the use of export taxes by small economies, 
which includes the majority of developing countries. Nothing in the EC proposal prejudges the use of export taxes for legitimate policy reasons under re levant GATT provisions. As such, it should be 
recalled that the current proposal represents a major refinement of the initial EC submission on export 
taxes in NAMA in 2003, in reflection of the cons tructive engagement by and discussions with many 
Members, not least small and vulnerable developing countries.    C. 
POSSIBLE FURTHER REVISIONS OF THE EC PROPOSAL  
6. The EC remains ready to explore with Memb ers other approaches, whether alternative or 
complementary, for addressing the global trade problems caused by export taxes. Of course, in doing 
so, the EC considers that any revised proposal woul d still have to provide appropriate remedies to the 
specific problem related to the use of export tax es as “beggar thy neighbour” instruments. As for 
possible horizontal approaches to NTBs in line with paragraph 14 of the July Framework, the EC also 
believes that any negotiated solution for expor t taxes would have to build upon existing GATT 
concepts and rules. Therefore, any revised a pproach should ensure, as a minimum, increased 
transparency and predictability. 
 7. Concerning transparency, it is a core objectiv e of the WTO to ensure that Members are fully 
informed of measures taken by any other Member that may influence trade. In this context, it is also 
worth recalling that all WTO Members have already agreed to notify export taxes, as well as other export measures. The Ministerial Decision on No tification Procedures adopted on 15 December 1993 
establishes that the introduction or modification of  such measures is subj ect to the notification 
undertakings of the Understanding Regarding the No tification, Consultation, Dispute Settlement and 
Surveillance adopted on 28 November 1979 (BISD 26S /210). On the other hand, the Ministerial 
Decision of 1993 has had little, if any, practical eff ect on Members’ level of transparency. Hence, the 
EC believes that future transparency provisions on  export taxes would need to ensure that existing 
obligations are made operational and enforced  in a satisfactory manner. The Uruguay Round 
Understanding on the Interpretation of Article XVII of GATT 1994, whic h pertains to the notification 
requirements of Members’ state trading enterprises that influence the level or direction of imports and exports, could serve as a point of reference in this  respect. Finally, the EC considers that all WTO 
Members would be able to comply with such basi c transparency commitments, in line with what 
already applies for other trade policy instrument s, although appropriate special and differential 
treatment should be envisaged for developing c ountry and least-developed country Members.    
 8. Regarding predictability, it is a core obj ective of the WTO to en sure that Members can 
reasonably expect what measures any other Member may impose that influence trade. Therefore, EC 
considers that scheduling and binding of Members’ export taxes could offer an appropriate route of 
ensuring adequate predictability. Under such a nego tiated solution, similar to import duties, the EC  TN/MA/W/103/Rev.1 
 Page 43 
 
 
  deems that export taxes would have to be bound at a level that “reduce or eliminate tariff peaks, high 
tariffs, and tariff escalation” in line with paragra ph 16 of the DDA mandate. Moreover, in accordance 
with the spirit of the July Framework and in reco gnition that export taxes have to date only been 
scheduled or bound by a few Members, the EC wo uld be ready to support specific flexibilities for 
small and vulnerable economies. 
 
9. Thereby, this revised approach would repr esent a shift from a general prohibition of export 
taxes, albeit with exceptions based on GATT rules, to the establishment of rules on transparency and 
predictability based on WTO objectives, concepts and principles. In practical terms, besides 
maintaining the right of WTO Members to apply export taxes when exceptional circumstances under 
GATT rules are invoked, the approach would imply that: 
 
(1) WTO Members should notify the introduction or modification of export taxes; 
(2) WTO Members should undertake to sch edule export taxes on non-agricultural 
products in their Schedules of Concessions a nd bind the export taxes at a level to be 
negotiated, except that: 
(a) Least-developed countries would undertake to schedule export taxes but may 
maintain these export taxes unbound; and 
(b) Paragraph 6 countries would schedule e xport taxes but may maintain these 
export taxes unbound for a certain number of tariff lines (the number is to be negotiated), in reflection of their specific developmental interests and 
concerns.     
D. 
CONCLUDING REMARKS  
10. Finally, the EC would like to underline that , in line with paragraph 16 of the DDA mandate, 
Members have agreed to “to reduce or as appropriate eliminate tariffs, including the reduction or elimination of tariff peaks, high ta riffs, and tariff escalation, as well as non-tariff barriers, in particular 
on products of export interest to developing countries”. Hence, no matter how Members may want to 
define export taxes, tariffs and non-tariff barri ers are included in the DDA mandate, which has no 
reference as to whether such measures are imposed on imports or exports. As clearly demonstrated in 
the introduction, apart from other effects including dist ortions to global trade, export taxes also often 
displace exports of other WTO members through the artificial price advantage provided to domestic 
industries. Therefore, the EC considers claims  that export taxes are a priori excluded from 
negotiations to be in contradiction with the manda te. Such claims could set a dangerous precedent for 
other mandated parts of the nego tiations on non-agricultural market access. However, the EC fully 
recognizes that Members’ positions may differ on the appropriate level of ambition and approach to 
export taxes. To respond to Members’ different inte rests and concerns, the EC is thus prepared to 
thoroughly revise its proposal following the general pa rameters set out above a nd to consult with all 
interested Members on specific legal drafting. TN/MA/W/103/Rev.1 
Page 44  
 
  VIII.  UNDERSTANDING ON THE INTERPRETATION OF  THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE WITH RESPECT TO THE LABELLING OF TEXTILES, CLOTHING, FOOTWEAR, AND TRAVEL GOODS
27 
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 the textile, clothing, footwear, and travel goods 
sectors to global economic growth and development; 
 
Desiring  to promote cooperative and effective a pproaches to address unnecessary obstacles to 
international trade and enhance trade in tex tiles, clothing, footwear, and travel goods; 
 
Taking into account  that labelling has an important f unction of informing consumers of 
certain characteristics of textiles, clothing, footwear, and travel goods; 
 
Reaffirming  their existing obligation under the Agre ement on Technical Barriers to Trade 
(TBT Agreement) to ensure that technical regula tions and conformity assessment procedures are not 
prepared, adopted, or applied with a view to or  with the effect of creating unnecessary obstacles to 
international trade;   
 Desiring  to interpret the provisions of the TB T Agreement as they apply to labelling 
requirements for textiles, clothing, footwear, and travel goods; 
 
 Hereby agree  as follows: 
 
Scope 
 
1. This Understanding applies to  the labelling of products specified in the Annex to this 
Understanding.  
 
Labelling 
 
2. If a Member requires information on a label, a Member’s requirement to include any of the 
following information shall be rebuttably presumed to  be not more trade-restrictive than necessary 
under Articles 2.2 and 2.5 of the TBT Agreement: 
 
2.1 with respect to textiles and clothing, fiber content, country of origin, and care 
instructions28;  
2.2 with respect to footwear, predominant materials of core parts29 and country of origin;  
and 
 
2.3 with respect to travel goods, fiber content and country of origin. 
                                                      
27 Submitted by the European Communities, Sri Lanka and the United States (document TN/MA/W/93 
and TN/MA/W/93/Add.1). 
  28 This presumption covers requirements using relevant international standards, or the relevant parts of 
such standards, as a basis for the Me mber’s technical regulations regarding care instructions on labels.    
29  There are three “core parts” of footwear: (1 ) upper, (2) lining and sock, and (3) outer sole.  TN/MA/W/103/Rev.1 
 Page 45 
 
 
   
A Member may only require additional information on a label when it is not inconsistent with 
Article 2.2 of the TBT Agreement. 
 
3. Members shall give positive consideration to permitting any require d information to be 
included on a non-permanent30 label rather than a permanent label.31   
 
4. A technical regulation of a Member that:  
 
4.1 prohibits the information included on a la bel from being in more than one language, 
for example by prohibiting such information from being in a language other than the 
Member’s official language(s);  
 
4.2 requires a label to be pre-approved, registered or certified;  
 
4.3 prohibits a label from including information that is not required by the Member, such 
as brand names;32 or 
 
4.4 specifies requirements that a label be of one or more materials;  
  
shall be rebuttably presumed to be more trade-rest rictive than necessary to fu lfil a legitimate objective 
within the meaning of Article 2.2 of the TBT Agreement.   
 
5. Notwithstanding Articles 2.9 and 5.6 of the TBT Agreement, if a Member proposes to adopt 
or amend a technical regulation or conformity asse ssment procedure with respect to labelling, in 
whole or in part, it shall:  
 
 5.1 publish the proposed technical regulati on or conformity assessment procedure in a 
publication at the earliest appropriate stage, in such a manner as to enable interested 
persons in other Members to become ac quainted with it and to submit comments 
before the Member finalizes the technical regulation or conformity assessment 
procedure; 
 
 5.2 notify other Members through the Secretar iat of the products to be covered by the 
proposed technical regulation or conformity  assessment procedure, together with a 
brief indication of the measure’s objective a nd rationale and an identification of the 
parts of the regulation or procedure wh ich in substance deviate from relevant 
international standards and, in the case of a permanent label, the reason for requiring 
information other than that covered by pa ragraphs 2.1-2.3 of this Understanding.  
Such notifications shall take place at an early appropriate stage, when amendments 
can still be introduced and comments taken into account;  
                                                      
 30 "Non-permanent label" means any label on a product attached or affixed through stickers, hangtags, 
or through other similar means that can be removed or on the package of the product. 
 31 "Permanent label" means any label on a product that is securely attached or affixed through gluing, 
printing, sewing, embossing, silk screening, or other similar means.  
32 “Information” for purposes of subparagraph 4.3 means information related to the product or the 
marketing of the product and does not include information that is false, deceptive or misleading.  TN/MA/W/103/Rev.1 
Page 46  
 
   
5.3 allow no less than 60 days for Members to submit comments in writing.  The Member 
shall give favourable consideration to reasonable requests to extend the comment period; and 
 
5.4 discuss these comments upon request with the Member or interested person providing 
them, and take these written comments and the results of these discussions into account in finalizing the measure, and publis h or otherwise make available to the 
public, either in print or electronically , its responses to significant comments it 
receives no later than the date it publishes th e final technical regulation or conformity 
assessment procedure.   
 6. Notwithstanding Articles 2.10 and 5.7 of the TBT Agreement, where urgent problems of safety, health, environmental protection or national security arise or threaten to arise for a Member, 
that Member may omit such of the steps enumerated in paragraph 5 as it finds necessary, provided 
that the Member upon adoption of a technical re gulation or conformity assessment procedure shall: 
 
6.1  publish the final technical regulation or conformity assessment procedure in a 
publication at the earliest appropriate time, in  such a manner as to enable interested 
persons in other Members to become acquainted with it; 
 
6.2  notify other Members through the Secretar iat of the products to be covered by the 
final technical regulation or conformity assessment procedure, together with a brief indication of the measure’s objective and rati onale, including the nature of the urgent 
problems, and an identification of the part s of the regulation or procedure which in 
substance deviate from relevant international standards. 
 
6.3  allow interested persons and other Members to submit comments in writing and 
discuss these comments upon request with the Member or interested person providing them, and take these written comments and the results of these discussions into account in deciding whether to modify the regulation or procedure, and publish or otherwise make available to the public, either  in print or electronically, its responses 
to significant comments it receives at the earliest appropriate date after it publishes 
the final technical regulation or conformity assessment procedure. 
 
Final Provisions 
 7. The Committee on Technical Barriers to Trade shall review the operation and implementation 
of this Understanding, including the list of products contained in the Annex, on an annual basis.  The 
Committee shall also review other developments in  technical regulations and conformity assessment 
procedures involving international trade in textiles, clothing, footwear, and tr avel goods of importance 
to this Understanding in accordance with the Committee’s procedures.
33   
 
8. The Annex to this Understanding c onstitutes an integral part thereof. 
                                                      
 33 It is understood that, for this purpose and to facilitate transparency, exchanges of information, and 
discussions among Members, the WTO Secretariat will prepar e an annual report of the notifications received by 
the WTO Secretariat with respect to the labelling of textiles, clothing, footwear, and travel goods.   TN/MA/W/103/Rev.1 
 Page 47 
 
 
  Annex  
 
TEXTILES, CLOTHING, FOOTWEAR AND  
TRAVEL GOODS SUBJECT TO THE UNDERSTANDING   
 
1. With respect to textiles and clothing, this Understanding shall cover a ll products contained in 
the Annex to the former WTO Agreement on Textiles and Clothing. 
 
2. With respect to footwear, this Understandi ng shall cover all products contained in Chapter 64 
of Harmonized Commodity Description and Coding System (HS) Nomenclature, except for HS6406 
(Footwear Parts). 
 
3. With respect to travel goods, this Understa nding shall cover all prod ucts listed below:   
 HS Number
 Product Description  
 
ex 3926.90 Handbags made of beads, bugles and spangles, of plastics  42.02    Trunks, suit-cases, vanity-cases, ex ecutive-cases, brief-cases, school satchels, 
spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, 
holsters and similar containers; travelling- bags, insulated food or beverage bags, 
toilet bags, rucksacks, handbags, shoppi ng bags, wallets, purses, map-cases, 
cigarette-cases, tobacco-pouches, tool ba gs, sports bags, bottle-cases, jewellery 
boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly cove red with such materials or with paper. 
 
- Trunks, suit-cases, vanity-cases, executiv e-cases, brief-cases, school satchels and 
similar containers: 
 4202.11  With outer surface of leather, of composition leather, or of patent leather 4202.12  With outer surface of plastics or of textile materials 
4202.19  Other  
- Handbags, whether or not with shoulder strap, including those without handle: 
4202.21  With outer surface of leather, of composition leather or of patent leather 4202.22  With outer surface of sheeting of plastic or of textile materials 4202.29  Other 
- Articles of a kind normally carried in the pocket or in the handbag: 
4202.31  With outer surface of leather, of composition leather or of patent leather 4202.32  With outer surface of sheeting of plastic or of textile materials 4202.39  Other 
- Other: 
4202.91  With outer surface of leather, of composition leather or of patent leather 
4202.92  With outer surface of sheeting of plastic or of textile materials 
4202.99  Other ex 4602.11 Luggage, handbags and flat goo ds, whether or not lined, of bamboo  
ex 4602.12 Articles of a kind normally carried in  the pocket or in the handbag, of rattan  
ex 4602.12 Luggage, handbags and flat goods, whether or not lined, of rattan, nesoi  
ex 4602.19 Luggage, handbags and flat goods, whether or not lined, of willow   
ex 4602.19 Articles of a kind normally carried in the pocket or in the handbag, of palm leaf 
ex 4602.19 Luggage, handbags and flat goods, wh ether or not lined, of palm leaf, nesoi  
 TN/MA/W/103/Rev.1 
Page 48  
 
  ex 4602.19 Luggage, handba gs and flat goods, whether or not lined, made from plaiting materials 
nesoi  
9605.0  Travel sets for personal toilet, sewing or shoe or clothes cleaning 
  TN/MA/W/103/Rev.1 
 Page 49 
 
 
  IX. PROTOCOL ON TRANSPARENCY IN EXPORT LICENSING TO THE GENERAL 
AGREEMENT ON TARIFFS AND TRADE 1994 34 
Protocol on Transparency in Export Licensing  
to the General Agreement on Tariffs and Trade 1994 
 
Members, 
  Desiring to ensure that export licensing pro cedures are not utilized in a manner contrary to 
the principles and obligations of GATT 1994;  
 Convinced that export licensing should be im plemented in a transparent and predictable 
manner; and;   Desiring to bring transparency to the procedures and practices related to export licensing so as to inform traders and Members and facilitate trade in these products; 
 
 Hereby agree as follows: 
 
Article 1:  Definition of Export Licensing
 
 
 For the purposes of this Protocol, export licensing means any administrative procedures 
involving the submission of an application or othe r documentation (i.e., other than that required for 
customs purposes) to the relevant administrative body or bodies as a prior condition for exportation 
from the customs territory of the exporting Member.   Article 2:  Notification
 
 
1. Within 60 days after the entry into force of  this Protocol, each Member shall notify, in 
writing, the [Committee on Market A ccess] (referred to in this Protoc ol as [“the Committee”]) of its 
existing measures on export licensing, if any.  Ther eafter, each Member shall notify the [Committee] 
in writing of any new measures on export licensing or  modification to an existing measure on export 
licensing within 60 days after the effective date  of the new measure or modification thereof.  
 
2. Members shall include in a notification under paragraph 1 the:   
(a) list of products subject to the licensing procedure, including to the extent possible by 
HS number; 
(b) description of the procedures for the submission of appli cations or other 
documentation, including eligibility criteria fo r applicants (including any criteria that 
reflect requirements that differ from tho se applied to products that are exported 
without a requirement of a license (e.g., requirements for an activity license, investment or a particular form of estab lishment in the exporting Member, or other 
similar requirements)); 
(c) contact point for information on eligibility; 
(d) administrative body(ies) to which applications must be submitted; (e) date and name of publication(s) in which the licensing procedure is published; 
                                                     
 
34 Submitted by Japan and the United States (TN/MA/W/15/Add.4/Rev.1) TN/MA/W/103/Rev.1 
Page 50  
 
  (f) description of the measure, if any, being implemented through the export license and 
 the reasons for the measure; 
(g) expected duration of the export licensing if this can be estimated with some 
probability, and if not, reason(s) why this information cannot be provided; 
(h) overall amount of the quota to be applied by quantity and/or value and the opening 
and closing dates of the quota if a Member administers a quota by means of export 
licensing;  and 
(i) possibility, if any, for persons, firms or institutions to request exceptions or 
derogations from an export licensing require ment, as well as information on how to 
make such a request and a description of  the circumstances under which requests 
would be granted.  
 
3. When a Member notifies a new or existing measure on export licensing or modification thereto, the Member shall provide a copy of the relevant measure (e .g., law and implementing 
regulations) to the [Committee]. 
 
4. Any interested Member which considers th at another Member has not notified a new or 
existing measure on export licensing or modificatio n thereto in accordance with the provisions of 
paragraphs 1 and 2 may bring the matter to the atte ntion of such other Member.  If notification is not 
made promptly thereafter, the interested Member  may itself notify the measure on export licensing or 
changes therein, including all relevant information.  
 
Article 3:  Requests for Information
 
 1. A Member shall provide to any Member, upon request:  
 (a) All relevant information concerning: 
(i)   the administration of the measure on export licensing , including the 
information listed in Paragraph 2 of Article 2; 
(ii)   the export licenses granted over a recent period; and (iii)   measures, if any, taken in conj unction with export licensing, including but 
not limited to restrictions on domest ic production or consumption, and 
governmental stabilization plans for a good; and 
 
 (b) Where available, all relevant information concerning: 
(i)   the distribution of such licenses among importing countries, including 
importing countries’ shares, i.e., by quantity and/or value as relevant, of any 
quota currently allocated; and 
(ii)   the most recent available statisti cs (i.e., value and/or volume) on the amount 
expected to be produced, actually pro duced, expected to be exported, and 
actually exported with respect to the product subject to export licensing. 
 Article 4:  Confidential Information
 
 
1. Nothing in this Protocol shall be construed to require any Member to disclose confidential 
information the disclosure of which would impede la w enforcement or otherwise be contrary to the 
public interest or would prejudice the legitimate comme rcial interests of particular enterprises, public 
or private.  
  TN/MA/W/103/Rev.1 
 Page 51 
 
 
  2. Nothing in this Protocol shall be construed to require any Member to furnish any information 
the disclosure of which it considers cont rary to its essential security interests. 
  Article 5:  Review
 
 
1. The [Committee] shall review as necessary,  but at least once every two years, the 
implementation and operation of this Protocol, taking into account the objectives thereof, and the 
rights and obligations contained therein.  
2. To facilitate the [Committee]’s review and to help ensure that inter ested parties can become 
acquainted with each Member’s requirements, if any, for export licensing, the [Committee] shall 
establish a registry of notifications submitted pursuant to Article 2.    3. The Secretariat shall record in the regist ry and make available to the public, through the 
internet or other electronic means, the inform ation notified by Members under this Protocol.
35 
 
  
 
                                                     
 
35 The URL (Uniform Resource Locater) of the official internet site wh ere relevant information of such 
measure is sufficiently available may be recorded alterna tively, but this is without prejudice to the notification 
obligation under the Article 2.  TN/MA/W/103/Rev.1 
Page 52  
 
  X. DECISION ON NON TARIFF BARRIERS AFFECTING FORESTRY PRODUCTS 
USED IN BUILDING CONSTRUCTION 
36 
 
 Recalling  the requirements in the Agreement on Tec hnical Barriers to Trade that standards 
and technical regulations should, where appropriate, be based on international standards and be 
performance-based rather than prescriptive, facilitate international harmonisation and improve 
transparency of standards;    Recognising  that voluntary prescriptive standards can ha ve a facilitative role in building codes 
when they are cited as one method of conf ormance with overarching performance-based 
requirements. 
  Desiring  to contribute towards the development of  safe and affordable dwellings in WTO 
Member economies;  
 Recognising Members’ rights and obligations under the TBT Agreement; 
  Recognising  the important, sustainable, environmentally beneficial, and low cost role that 
timber building construction does play and could pl ay in Member economies and the importance to 
such economies of free and open trade in component materials;  
 Recognising  that differences in, and proliferation of, domestic standards and technical 
regulations, can lead to market segmentation and unintentional barriers to trade;   Recognising  the leading role that International St andardisation Organisation (ISO) technical 
committees play in the development of performance -based international timber, timber product, and 
timber building construction standards; 
  Recognising  mutual recognition arrangements alread y in place, and wishing to strengthen 
their status;   Recognising  the trade benefits that wider Intern ational Laboratory Accreditation Cooperation 
(ILAC) and International Accreditation Fo rum (IAF) membership would provide; 
  Members decide:  
• To recognise, among the appropriate intern ational standard setting bodies developing 
performance-based standards in respect of the forest products sector,, ISO Technical 
Committees [TC 89, 165, 218] as [lead ing] bodies developing international 
performance-based standards for timber,  timber products and timber building 
construction as they relate to building codes. 
• To give primary consideration to adop tion of standards developed by these 
committees when upgrading or replacing existing regulations that make use of domestic timber, timber product and timbe r building construction standards and 
related tests; 
• To increase the resources available to those committees through participation 
pursuant to Article 2.6 of the Agreement on Technical Barriers to Trade in order to 
accelerate work on the development of new standards and the enhancement of existing ones; 
                                                     
 
36 Submitted by New Zealand (document JOB(07)/158).  TN/MA/W/103/Rev.1 
 Page 53 
 
 
  • The Committee on Technical Barriers to Trad e (TBT) will invite the aforementioned 
technical committees to consult with it on at least an annual basis.  The purpose of those consultations will be to identify a nd progress ways to work together towards 
accelerating the adoption of performance-based timber, timber product and timber building construction standards in Member economies.   
• Timber products tested and certified by any facility accredited by a signatory to an 
International Laboratory Accreditation Co operation (ILAC) mutual recognition 
arrangement, or certified by a signatory to an International Accreditation Forum 
(IAF) multilateral arrangement shall be ac corded no less favourable treatment than 
products tested or certified by facilities accredited by the domestic accreditation 
agency of any WTO Member.  
• To promote acceleration of wider ILAC and IAF membership as a way of ensuring 
universal mutual recognition of accreditation agencies. 
• To establish a list of internationally accepted test and certification methods for timber 
products where these are used in relation to building codes. This list will be 
developed by an internationally recogni sed group of timber experts.  Members will 
nominate experts including members of th e aforementioned technical committees, for 
participation in this group. The list of internationally accepted test and certification 
methods will be available via Members’ TBT enquiry points.  The list shall be 
updated by the designated expert group b ased on biannual notifications from WTO 
Members of additional internationally accep ted test and certification methods for 
timber products proposed for inclusion in the list.  The timber products tested using 
the methods identified on the list will be accepted for use in building construction 
without the need for further testing by the importing country. 
 TN/MA/W/103/Rev.1 
Page 54  
 
  XI. AGREEMENT ON NON-TARIFF BARRIERS PERTAINING TO THE 
ELECTRICAL SAFETY AND ELECTROMAG NETIC COMPATIBILITY (EMC) OF 
ELECTRONIC GOODS 
37 
Members,  
 
Recalling that pursuant to paragraph 16 of the Doha Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or as appropriate eliminating ta riffs and non-tariff barriers on non-
agricultural goods; 
 
Recognizing the important contribution of electroni c goods 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 electronic goods;  
 
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 hea lth, of the environment, at the levels it considers 
appropriate, subject to the requirement that they are not applied in a manner which would constitute a 
means of arbitrary or unjustifiable discrimina tion between countries where the same conditions 
prevail or a disguised restriction on internationa l trade, and are otherwise in accordance with the 
provisions of this Agreement, or that are necessar y for the protection of its essential security interest; 
 Recognizing  that a Member’s selection of an appropriate conformity assessment procedure 
may involve the consideration of a number of factors, such as the risks associated with 
non-conformity or the product for wh ich conformity is sought;     
 
Seeking  to supplement and elaborate on the TBT Ag reement with respect to standards, 
technical regulations, and conformity assessment  procedures affecting electronic goods; and 
 
With a view to expanding the products liste d in Members' schedules to Annex I, II, III, and IV 
to this Agreement in the future.  
Agree as follows:  
 
I. D
EFINITIONS  
 For purposes of this Agreement: 
  Central government body means a central government body as defined in Annex 1 of the 
TBT Agreement;  
 Electronic good  means any information technology, telecommunications, audio-visual, or 
other electronic or electrical product, whether for bus iness or personal use, listed in Annex I of this 
Agreement; [Note: Annex I would cover a range of pr oducts falling under Chapter 84, 85, or 90 of 
the World Customs Organization's Harmonized Co mmodity Description and Coding System and 
apply to all Members] ; 
 
                                                     
 
37 Submitted by the United States (document TN/MA/W/105/Rev.1).  TN/MA/W/103/Rev.1 
 Page 55 
 
 
   Supplier  means any party that supplies the product and may include a manufacturer, 
distributor, or importer;   Supplier's declaration of conformity (SDoC) means  a declaration by a supplier based on an 
evaluation of the results of conformity assessment  procedures that a product meets a specified 
standard or technical regulation or other specification;  
  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 the electrical safety or electromagnetic compatibility (EMC) of an 
electronic good; and 
  Third-party certification  means a declaration by a body, which the Member accepting the 
declaration has determined is independent of suppl iers and users, that a product meets a specified 
standard or technical regulation or other specifi cation based on an evaluation of the results of 
conformity assessment procedures. 
 
II. S
COPE AND COVERAGE  
A. This Agreement shall apply to any standard, technical regul ation, or conformity assessment 
procedure, as defined in paragraph I.    
B. This Agreement shall impose obligations on  Members only with respect to standards, 
technical regulations, and conformity assessme nt procedures 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 amen dment thereto and any additions to the rules or 
product coverage thereof, except am endments and additions of an in significant nature, to the extent 
such amendment or addition pertains to electrical safety or EMC for electronic goods.  III. S
TANDARDS , TECHNICAL REGULATIONS , AND CONFORMITY ASSESSMENT PROCEDURES  
Assessing Costs  
 
A. Where a Member proposes to prepare or adopt a technical regulation or conformity assessment procedure, it shall take into account, inter alia , costs of complying with the proposed 
technical regulation or conformity assessment procedure.  
 
International Standards 
 
B. In determining whether an international standard, guide or recommendation within the 
meaning of Articles 2 and 5 and Annex 3 of the TB T Agreement exists pertaining to electrical safety 
or EMC of an electronic good, each Member shall base its determination on the principles set out in 
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 Articles 2, 5 and Annex 3 of 
the Agreement ) (Committee Decision ) issued by the WTO Committee on Technical Barriers to Trade 
(TBT Committee).   
   
 TN/MA/W/103/Rev.1 
Page 56  
 
   
Transparency   
 
C. This paragraph shall apply in lieu of Artic les 2.9 and 5.6 and Para graphs L through N of 
Annex 3 of the TBT Agreement where a Member proposes to prepare or adopt a standard, technical 
regulation or conformity assessment procedure, and shall apply regardless of whether relevant 
international standards, guides, or recommendations  exist or the technical content of the proposed 
technical regulation or conformity assessment proce dure is in accordance with relevant international 
standards, guides, or recommendations.  Where a Member proposes to prepare or adopt a standard, 
technical regulation or conformity assessment procedure that may have a significant effect on trade of 
other Members, the Member shall, with a view to providing meaningful opportunity for comment:  
 (1) publish, in print or electronically, the proposed  standard, technical regulation or conformity 
assessment procedure at the earliest appropria te stage, in such a manner as to enable 
interested parties in other Members to b ecome acquainted with it and to submit written 
comments before the Member finalizes the standard, technical regulation or conformity 
assessment procedure;  
(2) notify other Members through the Secretariat at  the earliest appropriate stage of the proposed 
standard, technical regulation or conformity assessment procedure, including the electronic good or goods the proposal covers, together w ith a brief indication of its objective and 
rationale and, to the extent applicable, any prov isions of the standard, technical regulation or 
conformity assessment procedure that deviate in substance from relevant international 
standards, guides, or recommendations;  
(3) upon request from another Member, provide  copies of and particulars concerning the 
proposed standard, technical regulation or conf ormity assessment procedure, including how it 
took into account the costs of complying with the proposed technical regulation or conformity assessment procedures pursuant to paragraph A;  
 (4) (i) allow reasonable time (normally not less than 60 days) for Members and interested parties 
to comment in writing on the proposal,
38 and (ii) take into account any such comments in 
finalizing the standard, technical regulati on or conformity assessment procedure;  
 (5) upon request, discuss written comments it receives from Members and take the results of 
those discussions into account; and 
 
(6) publish, in print or electronically, an y written comments it received from Members or 
interested persons on the proposed standard, technical regulation or conformity assessment 
procedure. 
 D. Where urgent problems of safety, health, envi ronmental protection, or national security arise 
or threaten to arise for a Member, that Member may omit such steps enumerated in paragraph C as it 
finds necessary, provided that the Member, upon fi nalizing the standard, technical regulation or 
conformity assessment procedure, shall:  (1) immediately following preparation or adoptio n of the measure, notify other Members through 
the Secretariat of the standard, technical regulation or conformity assessment procedure, 
including the electronic good or goods the standard, technical regulation or conformity 
assessment procedure covers, together with: (i) a brief indication of its objective and 
                                                     
 
38 Each Member shall publish, in print or electroni cally, a notification specifying the comment period 
and give favourable consideration to reasonable requests to extend the comment period.   TN/MA/W/103/Rev.1 
 Page 57 
 
 
  rationale; (ii) to the extent applicable, any prov isions of the standard, technical regulations or 
conformity assessment procedure that deviate in substance from relevant international 
standards, guides, or recommendations; and ( iii) the nature of the urgent problem; 
 (2) upon request, provide other Members with copi es of and particulars concerning the standard, 
technical regulation or conformity assessment procedure; 
 (3) (i) allow other Members and interested pers ons to submit comments in writing on the final 
standard, technical regulation or conformity assessment procedure; and (ii) take these 
comments into account in deciding whether to modify the standard, technical regulation or 
conformity assessment procedure; and 
 (4)  upon request, discuss written comments it receives from Members and take the results of 
those discussions into account.   
E. When publishing a technical  regulation or conformity assessment procedure, or if 
paragraph D applies, as soon as possible after publicati on of the final standard, technical regulation or 
conformity assessment procedure, each Member shall publish, in print or electronically: 
 (1) its responses to any significant and relevant issues raised in comments it received from 
Members or interested parties during the comment period;
39 and 
 
(2) the objective and rationale for preparing or  adopting the particular standard, technical 
regulation or conformity assessment procedure.  
Treatment of Conformity Assessment Bodies 
 
F. 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 a product confor ms with the Member's standard or technical 
regulation.  This paragraph shall apply only with respect to products listed for electrical safety, EMC 
or both in the Member's schedule to Annex II.  
 
Test Results  
 G. 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 a electronic good conforms with a standard or technical regulation, it shall not require the testing to be 
performed in a testing facility within its territory an d shall accept the test results if they are performed 
by a facility that the Member deems competent, or otherwise approves, for that purpose.  If the 
Member requires the testing facility to comply with requirements concerning the testing of electronic 
goods for conformity with the standard or technical regulations or requires the body that accredits the 
testing facility to comply with requirements concer ning that accreditation, it shall ensure that such 
requirements are based on:  
                                                     
 
39 For greater certainty, if raised in comments received from a Member or an interested person, a 
Member's response shall include: (i) where applicable an explanation of why deviation from relevant 
international standards was necessary an d (ii) how it took into account the co sts of complying with the standard, 
technical regulation or conformity assessment procedure. TN/MA/W/103/Rev.1 
Page 58  
 
  (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 establis hed by the Member in accordance with the 
procedures set out in paragraphs III.C and III.E.  
 
SDoC 
 
H. If a Member requires a positive assurance that a product listed for electrical safety, EMC or both in its schedule to Annex III conforms with a sta ndard or technical regulation, it shall accept as 
such assurance a supplier's declaration of conf ormity (SDoC).  The Member shall base any 
requirements for an SDoC on a relevant interna tional standard, guide or recommendation that has 
been developed in accordance w ith the TBT Agreement and the Committee Decision , and may refuse 
to accept a declaration from any supplier if, upon request from the Member's regulatory or enforcement authorities, the supplier does not provi de to those authorities documentation necessary to 
demonstrate the basis for a declaration or declarations (e.g., relevant test results) within a reasonable 
period after the date of the request. 
 
Third-Party Certification  
I. If a Member requires third-party certification as positive assurance that a product listed for 
electrical safety, EMC, or both, in its schedule to  Annex IV, conforms with a standard, technical 
regulation, or conformity assessment procedure, it shall not require the body performing the third-
party certification to be within its territory and shall accept the third party certification if it is 
performed by a body that the Member deems competent,  or otherwise approves, for that purpose.  The 
Member shall ensure that it bases any requirements that the body must meet to be deemed competent 
or otherwise approved 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 establis hed by the Member in accordance with the 
procedures set out in paragraphs III.C and III.E.  
 Members shall give positive consideration to a llowing certification bodies to base certifications, 
where such certifications are required, on test results from any testing facility that the certification body deems competent or otherwise approves.  
 
Procedures for Review  
 
J.   (1) Each Member shall establish or maintain judicial, quasi-judicial, or administrative tribunals 
and procedures for the purpose of the review of its administrative actions relating to technical 
regulations and conformity assessment procedures.  Each Member shall ensure that such tribunals are impartial and indepe ndent of the office or authorit y entrusted with administrative 
enforcement and not have any substantial inte rest in the outcome of the matter and that 
proceedings before such tribunals comply with due process of law. 
 
(2) Each Member shall also establish or maintain procedures for it to review, at 
regularly-scheduled intervals, its technical re gulations and conformity assessment procedures 
to determine whether such measures should be mo dified or eliminated so as to make the 
Member’s regulatory program more effective in  achieving the legitimate objective(s) pursued.  TN/MA/W/103/Rev.1 
 Page 59 
 
 
   
IV. I NFORMATION AND ASSISTANCE  
 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. 
 
[We may want to include other provisions und er this heading along the lines of those in TBT 
Articles 10 and 11 ] 
 V. M
ONITORING AND OVERSIGHT  
 A Subcommittee on Electronic Goods (Subc ommittee) 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 12 months after the date of entry into force of this Agreement, and at the end of each 
one-year period thereafter, or earlier as necessary, to: 
  (a) review the implementati on and operation of this Agreem ent, and where appropriate, 
consider proposals for amending it; and  
 (b) review Annexes I, II, III, and IV and co nsider whether they should be modified; and 
 
(4) report to the TBT Committee and the Committee of  Participants on the Expansion of Trade in 
Information Technology Products established pursuant to the Communication to the 
Chairman of the Council on Trade in Goods: Im plementation of the Ministerial Declaration 
on Trade in Informati on Technology Products G/L/160 (March 26, 1997) (ITA Committee) 
with a view to complementing and not duplicati ng the work of those committees, and to this 
end, communicate to the TBT and ITA Committees the results of its review conducted pursuant to subparagraph (3) and, as appropr iate, any proposed amendments to this 
Agreement or recommendations to modify Annex I, II, III, or IV. 
 VI. D
ISPUTE 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. F
INAL PROVISIONS  
Annexes 
 
 Annexes I, II, III, and IV shall constitute an inte gral part of this Agreement.  To the extent a 
Member seeks to modify its schedule to Annex II, III, or IV and the modification would expand the 
products subject to this Agreement, the Member  may do so by notifying other Members through the 
Secretariat of the Member's modified schedule.  Th e Secretariat shall modify Annex II, III, or IV, as TN/MA/W/103/Rev.1 
Page 60  
 
  necessary, to include the Member's modified sched ule. A Member may modify its schedule to Annex 
II, III, or IV in a manner that would reduce the pr oducts subject to this Agreement in accordance with 
Article [ ] (Modification of Sche dules) of this Agreement.  
 
[Note: Need to consider additional "final provisions" to be included in this Agreement, such as entry 
into force, withdrawal, amendment, modificati ons of schedules,  WTO Secretariat to service 
Agreement, deposit etc. - items included, for example, in the various UR WTO agreements]  
  
Annex I - Electronic Goods 
 
 [ Add positive list of electronic goods subject to the Agreement.  This list would apply to all 
Members.]  
 
Annex II - Treatment of Conformity Assessment Bodies 
 
 [Add positive list of electronic goods covered for each agency of the Member with respect to 
the obligations in III.F. Each agency and its covere d products may be listed separately with respect to 
EMC and electrical safety.]  
 
Annex III - Acceptance of SDoC 
 
 [Add positive list of electronic goods covered for each agency of the Member with respect to 
the obligations in III.H. Each agency and its affect ed products may be listed separately with respect 
to EMC and electrical safety.  For example, SDoC  accepted for x product with respect to EMC and 
for y product with respect to electrical safety.] 
 
Annex IV – Acceptance of Third-Party Certification 
 
 [Add positive list of electronic goods covered for each agency of the Member with respect to 
the obligations in III.I. Each agency and its affected  products may be listed separately with respect to 
EMC and electrical safety.  For example, Third- Party Certification accepted for x product with 
respect to EMC and for y product with respect to electrical safety.]   
   
  TN/MA/W/103/Rev.1 
 Page 61 
 
 
  XII. MINISTERIAL DECISION ON TRADE IN REMANUFACTURED GOODS 40 
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 objectives of protecting and preserving the environment, promoting 
sustainable development by preventing unnecessary w aste and conserving energy and raw materials, 
raising standards of living, and expanding  the production of and trade in goods; 
 
Noting  the development of remanufacturing as an important new field in manufacturing; 
 
Considering  the benefits to the environment and to consumers of the production of and trade 
in remanufactured goods; 
 
Recognizing  that remanufacturing takes place in deve loped and developing countries alike, 
creating jobs and facilitating economic growth;   Desiring  to enhance opportunities for trade in remanufactured products by reducing or, as 
appropriate, eliminating non-tariff barriers in respect of those goods;   
 
 Mindful  of Members’ right to adopt measures for the protection of human, animal or plant life 
or health, or of the environment, consistent with the WTO Agreement; 
  Decide as follows: 
 
1. Each Member’s trade regime should evolve  in a manner that enhances market access 
opportunities for remanufactured goods.
41 
2. Members should review their non-tariff measure s with a view to ensuring that they do not 
impose prohibitions or restrictions on the importati on of remanufactured goods that are proscribed by 
the Multilateral Agreements on Trade in Goods. 
3. Members shall meet every six months  under the auspices of the Council on Trade in Goods to 
discuss  Members’ progress in reducing or, as appropriate, eliminating non-tariff barriers in respect of 
remanufactured goods.  The discussions shall be c onducted using procedures that take fully into 
account the special needs and interests of developi ng and least-developed country participants.   
4. Members shall afford sympathetic considera tion to any request for consultation from other 
Members concerning their non-tariff measures aff ecting remanufactured goods.  Such consultations 
shall be without prejudice to a Member’s rights and obligations under the WTO Agreement.  
5. For purposes of this Decision, remanufactured good  means  [a non-agricultural good that (1) 
is entirely or partially comprised of parts (i) th at have been obtained from the disassembly of used 
goods; and (ii) that have been processed, cleaned, inspect ed, or tested to the ex tent necessary to ensure 
they are in original working c ondition; and (2) has a warranty.] 
[NB:  Definition subject to further discussion.]    
                                                      
40 Submitted by the Japan, Switzerland and the United States (document TN/MA/W/18/Add.16/Rev.2) 
41 This paragraph does not require a Member to redu ce or eliminate tariffs on  remanufactured goods. TN/MA/W/103/Rev.1 
Page 62  
 
  XIII.  AUTOMOTIVE NTBS
 42   
 Since 2002, many Members have in the Ne gotiating Group on Market Access shown an 
interest in reducing or eliminating barriers to tr ade in automotive products.  Several Members, both 
developed and developing, s ubmitted non-tariff barrier indicative lists, as compiled in 
JOB(05)/85/Rev.3, citing barriers affecting trade in  automotive products.  Some Members have also 
tabled bilateral request related to trade in au tomotive products.   The Global Automotive Industry 
Dialogue (GAID)43, which consists of auto companies from across the globe, has consistently 
expressed a strong interest in opening markets through the elimination of a variety of NTBs affecting 
trade in automotive products.   In response to i ndustry’s requests for work on automotive NTBs, two 
delegations submitted proposals:  
 
• The United States in January 2005 subm itted a concept paper proposing that 
Members investigate a wide range of autos NTBs.   
• The European Communities in April 2006 submitted a concept paper on automotive 
standards harmonization in TN/MA/W/11/Add.4.    
 
 In addition to these proposals, delegations have reviewed a large number of specific bilateral 
automotive NTBs, many of which relate to market  segmentation caused by differing standards, 
technical regulations, and conformity assessment procedures.  The industry then and today assigns 
high importance to the resolution of automotive NT Bs related to the implementation of the WTO 
Agreement on Technical Barriers to Trade.      In this light the United States is working closely with its industry on a new proposal aiming to 
reduce NTBs in the automotive sector .  We believe that this proposal will be of interest to many 
Members, as it pertains to a global industry with  trade, production, and employment in both the 
developed and developing worlds.      While respecting Members’ ability to regulate a nd determine appropriate levels of protection 
in order to fulfil their legitimate objectives in acco rdance with Article 2.2 of the TBT Agreement, the 
proposal seeks to facilitate trade in th e automotive sector through the following: 
 
• Encouraging the harmonization of technical regulations,  
• Ensuring that regulators take into account, inter alia,  costs of compliance in their 
decision-making processes,  
• Encouraging the use of good regulatory practices,  
• Requiring greater transparency, and  
• Providing national treatment for conform ity assessment bodies and greater acceptance 
of test results.    
 
                                                     
 
42 Submitted by the United States (document JOB(08)/39).  
43  The Global Automotive Industry Dialogue (GAID) is a working group composed of seven major 
national auto and auto parts manufacturing associations that jointly represent 85% of global motor vehicle 
production These include:  Brazil - Associaçao Nacional dos Fabrican tes de Veiculos Automotores 
(ANFAVEA); Canada  - Canadian Vehicle Manufacturers Association (CVMA); - European Union : 
Association of European Motor Vehicle Manufacturers  (ACEA); India  - Society of Indian Automotive 
Manufacturers (SIAM); Japan  - Japan Automobile Manufacturers Association (JAMA); Korea -  Korean 
Automobile Manufacturer s Association (KAMA); Mexico  - Association Mexicana de la Industria Automotriz;  
Turkey  - Turkey Automotive Manuf acturers Association (OSD); United States   - Automotive Trade Policy 
Council (ATPC).  TN/MA/W/103/Rev.1 
 Page 63 
 
 
   We hope to provide Members with a text-based vers ion of this proposal in the near future for 
Members to review and consider.  We would welcome any comments and questions Members may 
have on this issue at any point of time.   The Un ited States looks forward to working with Members to 
pursue this important issue that would provide substa ntial benefits to the global automotive sector.   
 
 
 
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