WORLD TRADE  
ORGANIZATION  TN/MA/W/142 
13 April 2011 
 (11-1849) 
Negotiating Group on Market Access Original:   English 
  
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
International Standardisation
 
  
 The following communication,
 dated 11 April 2011, is being circ ulated at the request of the 
delegations of European Union, India, Indonesi a, Norway, Philippines, Switzerland and Thailand. 
 
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  The co-sponsors of this text underline the importance of finding compromise on the issue of international standardization. As such, we are pres enting this text as an input to further advance the 
discussion. This text is a follow-up to the previous conceptual paper, JOB/MA/81. It has also taken 
into account an earlier compromise suggestion, as well as views expressed by other members 
subsequent to the discussion of the conceptual pape r. This text, as presented here is mainly intended 
to have a horizontal application. However, the co-s ponsors of this text remain open to discussing this 
as elements of individual and sector-specific proposals.
 
  TN/MA/W/142 
Page 2  
 
  Negotiating text
 
 
1.1 For the purpose of applying  this Understa nding and the TBT Agreement, standards issued by 
international organizations, such as the Inte rnational Organization for Standards (ISO), 
International Electrotechnical Commission (IEC), the International Telecommunication 
Union (ITU) and Codex Alimentari us, shall be considered rele vant international standards 
provided that  in their development the principles and procedures set out in TBT Committee 
Decision on Principles for the Development of International Standards, Guides and 
Recommendations with relation to Articl es 2, 5 and Annex 3 of the Agreement1  were 
followed .  
1.2  Any Member may consider international st andards from other sta ndard-setting bodies than 
those set out in paragraph 1.1 as relevant provide d that the Member shall take such reasonable 
measures as may be available to it to ensure that  in the development of a particular standard 
the principles and procedures set out in TBT Committee Decision2 were followed and 
respected. This is without prejudice to th e recognition of these standards as relevant 
international standards by other Members. 
1.3 Paragraph 1.1 and 1.2 shall be without prejudice to Article 2.4, 5.4 and point F of Annex 3 of 
the TBT Agreement. Paragraph 1.1 shall also be  without prejudice to the internal structure 
and process of standardizing activities for domestic  purposes in so far as the obligations of the 
TBT Agreement apply.  
 
1.4  Where international standards issued by  international organizations identified in 
paragraph 1.1 exist, Members shall use these intern ational standards or their relevant parts as 
basis for any technical regulation or conformity assessment procedure without prejudice to paragraph 1.2. 
 
1.5 At the request of any Member, the TBT Comm ittee may propose, at the earliest five years 
after the entry into force of this Understandi ng and then every five years, to the General 
Council to review the list of bodies in paragraph 1.1.  
2.  The Annexes to this Understanding may stipul ate that  standards i ssued by international 
standard-setting bodies other than the ones listed unde r paragraph 1.1 are relevant with respect to 
certain products, procedures and specified risks and their intended use for the purpose of applying this 
Understanding and the TBT Agreement. 
 3. Increased use of international standards, in particular by developing countries, can be best 
achieved by strengthening the existing international organizations identified in  paragraph 1.1. and by 
proactive and meaningful implementation of technical assistance and special and differential 
treatment provisions in Articles 11 and 12 of the TBT Agreement. Developed Members, and 
developing countries Members to the extent possible,  shall take such reasonable measures as may be 
available to them to ensure that their standa rd-setting bodies participate in the development of 
international standards in the international organizations identified in paragraph 1.1. 
 4. When starting to develop any new technical regulation or conformity assessment procedure, 
any Member shall verify whether relevant interna tional standards, guides or recommendations already 
exist or their completion is imminent.  
                                                     
 
1 Annex B of the Document G/TBT/1/Rev. 9 dated 8 September 2008. 
2 Annex B of the Document G/TBT/1/Rev. 9 dated 8 September 2008.  TN/MA/W/142 
 Page 3 
 
 
  5. 1 Further to Art. 2.2, 2.3, 2.4 of the TBT Agreement, each Member shall review its technical 
regulations and conformity assessment procedures for the following purposes:  
 
(a) 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 Member's legitimate objectives.  
In undertaking this review, a Member shoul d consider, among other factors, whether the 
technical regulations and conformity assessm ent procedures have become unnecessary or 
outdated by reason of changed circumstances, such as fundamental changes in technology. 
 
(b) to increase their convergence with relevant in ternational standards. In undertaking this 
review, a Member shall evaluate the possib ility of amending technical regulations and 
conformity assessment procedures in accordance with  the relevant international standards or 
relevant guides or recommendations identified in  paragraph 1.1, existing at the time of the 
review. 
 
5.2 Developed country Members shall undertake th is review at least once every five years. 
Developing country Members shall undertake this review on an interval that is commensurate 
with their administrative capacity. Members shall convey the frequency established for such 
reviews to the Committee on Technical Barriers to Trade. 
 6.  Where harmonization of technical regulati ons and conformity assessment procedures has not 
been achieved or is not practicable, Members shall, to  the extent possible, iden tify solutions that strive 
towards convergence of technical regulations a nd conformity assessment procedures to relevant 
international standards, guides or recommendations.  7.  For international standards to make a ma ximum contribution to the achievement of trade 
facilitation, Members confirm the importance of the principles and procedures set out in the TBT 
Committee Decision
3. When Members are represented by their Governmental authorities in 
international standard-setting bodies, they shall guide the work therein by the principles set out in this 
TBT Committee  Decision , taking into account the particular situation of developing countries. 
  
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3 Annex B of the Document G/TBT/1/Rev. 9 dated 8 September 2008.