WORLD TRADE  
ORGANIZATION  TN/MA/W/105 
15 April 2008 
 
 (08-1774) 
Negotiating Group on Market Access Original:   English 
  
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Negotiating Text on Non-Tariff Barriers Pertaining to the
 
Electrical Safety and Electromagnetic Compatibility (EMC) of Electronic Goods  
 
Communication from the United States 
 
  The following communication, dated 14 April 2008,  is being circulated at the request of the 
delegation of the United States. 
_______________ 
  
 
Agreement on Non-Tariff Barriers Pertaining to the 
Electrical Safety and Electromagnetic Compatibility (EMC) of Electronic Goods 
 
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 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 f actors, such as the risk s associated with non-
conformity or the product for which 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 
 TN/MA/W/105 
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  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. Definitions 
  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] ; 
  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. Scope 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.   TN/MA/W/105 
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  III. Standards, 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).   
   
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;   TN/MA/W/105 
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  (4) (i) allow reasonable time (normally not less than 60 days) for Members and interested parties 
to comment in writing on the proposal,
1 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 
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 publication 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;
2 and 
 (2) the objective and rationale for preparing or  adopting the particular standard, technical 
regulation or conformity assessment procedure. 
                                                     
 
1 Each Member shall publish, in print or electron ically, a notification specifying the comment period 
and give favourable consideration to reasonable requests to extend the comment period.  
2 For greater certainty, if raised  in comments received from a Memb er 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/105 
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  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: 
 
(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 TN/MA/W/105 
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  (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 allowing 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 mainta in procedures for it to review, at regularly-
scheduled intervals, its technical regulations and conformity assessment procedures to determine whether such measures should be modi fied or eliminated so as to make the 
Member’s regulatory program more effective in  achieving the legitimate objective(s) pursued. 
 
 V. Information 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 under this heading along the lines of those in TBT 
Articles 10 and 11 ] 
 
VI. Monitoring 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 
  TN/MA/W/105 
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  (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. 
 
VIII. Dispute Settlement 
  Article 14 of the TBT Agreement shall apply mutatis mutandis to this Agreement. 
 
[Note:  need to further consider relations hip with Dispute Settlement Understanding]  
 
IX. Final 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 
necessary, to include the Member's modified schedule. A Member may modify its schedule to Annex II, III, or IV in a manner that would re duce the products subject to this Agreement in 
accordance with Article [ ] (Modification of Schedules) 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]  TN/MA/W/105 
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  Annex I B Electronic Goods 
 
[Add positive list of electronic goods subject to the Agreement.  This list would apply to all Members.]  
 
Annex II B Treatment of Conformity Assessment Bodies 
 
[Add positive list of electronic goods covered for ea ch agency of the Member with respect to the 
obligations in III.F. Each agency and its covered products may be listed separately with respect to 
EMC and electrical safety.]  
 
Annex III B Acceptance of SDoC 
 
[Add positive list of electronic goods covered for ea ch agency of the Member with respect to the 
obligations in III.H. Each agency and its affected  products may be listed separately with respect to 
EMC and electrical safety.  For example, SDoC acce pted 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 ea ch 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.]  
 
__________