WORLD TRADE  
ORGANIZATION  TN/MA/W/135 
4 February 2010 
 (10-0622) 
Negotiating Group on Market Access Original:   English 
 
 
 
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Understanding to facilitate the implementation of the  
TBT Agreement as applied to trade in the chemical products sector  
 
Communication from Argentina and Brazil 
 
 
 The following communication, dated 3 February 20 10, is being circulated at the request of the 
delegations of Argentina and Brazil. 
 
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UNDERSTANDING TO FACILITATE THE IMPLEMENTATION OF THE  
TBT AGREEMENT AS APPLIED TO TRADE IN THE CHEMICAL PRODUCTS SECTOR1 
 
 Members,  
 Recalling  that, in accordance with paragraph 16 of the Doha Ministerial Declaration and 
paragraph 22 of the Hong Kong Ministerial Declar ation, Members agreed to  negotiations aimed at 
reducing or as appropriate elim inating tariffs and non-tariff barri ers on non-agricultural products;  
  Recognizing  that the continued existence of non-tari ff barriers in the chemical sector acts as a 
disincentive to participation in international trad e, leading to an adverse impact in a sector of 
importance for small and medium-sized enterprises;  
 Emphasizing  the need of addressing specific concerns related to chemical sector, such as 
registration requirements and laboratory accreditation, in  order to ensure that they are not designed, 
adopted or applied with a view to or with the e ffect of creating unnecessary obstacles to international 
trade; 
 
 Recognizing also  that, some issues which affect trade in  chemical sector (such as, good 
regulatory practices, some confor mity assessment procedures and confidentiality) may also have a 
negative impact on trade of other products, and shoul d be considered and, as appropriated, negotiated 
at a horizontal level. 
  Highlighting  the importance that registration requirements and laboratory accreditation are 
based on relevant international standards. 
 
                                                     
 
1 This text proposal is a first draft intended as a work-in-progress and does not prejudge the final 
position of co-sponsors on this issue.   TN/MA/W/135 
Page 2 
 
 
   Reasserting  that nothing in this Understanding sh all be interpreted as preventing Members 
from taking measures consistent with the TBT Agreement that are necessary to, inter alia , protect 
human, animal or plant life health or the environmen t; or to prevent deceptive practices; or to protect 
essential security interests; 
 
 Hereby, agree as follows,  I. SCOPE 
 This Understanding covers re gistration requirements and labor atory accreditation related with 
chemical lines (HS Chapters 28-39), with the exception of those included in an Annex A to be agreed 
by Members.  
 
II. REGISTRATION 
1.  When a Member designs, adopts or applies a technical regulation consisting in a registration 
of products covered by this Unde rstanding, it shall take into account: 
 
-   Cost and benefits to producers and consumers,  including those of third parties, as well as its 
impact on international trade.  
 
-   Other available regulatory and non-regulat ory alternatives that may fulfil the Member’s 
legitimate objectives and are less trade restrictive. 
 
And ensure that:  
-   It accords treatment not less favourable to the imported chemical products covered by this 
Agreement than that granted to domestic products. 
 
-  Costs associated with registration are not an unnecessary, unreasonable or disproportional 
obstacle to access to that Member’s market. In pa rticular, the impact of such costs for small 
and medium companies shall be taken into account.  
 -  Procedures are not excessively complex or constitute an unnecessary, unreasonable or 
disproportionate obstacle to access to that Member’s market. 
 2.  Member’s registration requirements shall be proportional to the risk that products covered by 
this Understanding present for human, animal, plant life or health, or the environment, according to 
the scientific information available.  
2.1  Members shall not require registration of inputs utilized in the manufacture of imported 
products, unless there is scientific evidence that in puts in those products pose a risk for human, 
animal, plant life, or the environment.  
 
2.2  Members shall not require registration of s ubstances contained in products when they are not 
intended to be released, unless there is scientific ev idence that those substances in the condition they 
are present in those products, pose a risk for hum an, animal, plant life, or the environment.  
 
3.  Members shall except from registration products that are included in another WTO Member 
register, when it has the similar level of requireme nts and fulfils the same legitimate objectives.  
 
3.1  With that purpose, Members shall endea vour to negotiate Mutual  Recognition Agreements 
and participate in international initiatives ai med at harmonizing registration requirements.  TN/MA/W/135 
 Page 3 
 
 
  III. ACCREDITATION OF LABORATORIES 
 In order to reduce cost associated to labor atories accreditation Members shall endeavour to 
negotiate Mutual Recognition Agr eements. Relevant sectoral inte rnational standards (such as 
ISO 17025) shall be taken into account.  
 
IV. ASSESSMENT  
 Before adopting or amending a technical regulation that may have a significant effect on trade 
of the products covered by this Understanding, Members shall endea vour to conduct an assessment of 
the expected impact on the exports of other Member s. Such assessment shall take into consideration 
possible regulatory and non-regulator y alternatives. As appropriate, this assessment shall be notified 
to the TBT Committee well in advance to the adoption of the proposed measure. 
  V. SPECIAL AND DIFFERENTIAL TREATMENT AND TECHNICAL 
COOPERATION 
 Developed Member countries shall provide, upon request and under terms and conditions 
mutually agreed with developing countries and l ess developed countries, technical cooperation to 
ensure compliance with registration and laboratory accreditation requirements.  
 
ANNEX A 
 (List of products excluded of this Understanding). 
 
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