WORLD TRADE  
ORGANIZATION  TN/MA/W/118/Rev.1 
4 December 2009 
 (09-6239) 
Negotiating Group on Market Access Original:   English 
  
  
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Agreement on Non-Tariff Barriers Pertaining to Standards, Technical Regulations,
 
and Conformity Assessment Procedures for Automotive Products  
 
Communication from the European Union 
 
Revision  
 
 The following communication, dated 3 December 20 09, is being circulated at the request of 
the delegation of the European Union. It modulates th e language of Art. 3.2.5 in order to underline the 
cooperative intention of this provision. It provides mo re flexibility for regulators to jointly evaluate the 
progress that they have made in promoting c onvergence. This revision does also replace the 
transparency provisions by the provisions submitted by the U.S. in document TN/MA/W/120 dated 15 September 2009. 
 
_______________ 
 
 
Agreement on Non-Tariff Barriers Pertaining to Standards, Technical Regulations,  
and Conformity Assessment Procedures for Automotive Products  
 
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 automotiv e products to global economic growth 
and development; 
Desiring to ensure that technical regulations, standards, and conformity assessment 
procedures do not create unnecessary obstacles to in ternational trade in automotive products; 
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 from  taking measures that are necessary for 
the protection of human, animal or plant life or health, of the environment, or for the prevention of 
deceptive practices, at the levels it considers appropria te, subject to the requirement that they are not 
applied in a manner which would constitute a mean s of arbitrary or unjustifiable discrimination 
between countries or a disguised restriction on inte rnational trade, and are otherwise in accordance 
with the provisions of this Agreement; TN/MA/W/118/Rev.1 
Page 2  
 
   Recognizing that no country should be prevented from taking measures necessary for the 
protection of its essential security interests;  
Agree as follows: 
 
I. SCOPE AND COVERAGE 
1.1 This Agreement shall apply with respect  to any automotive product. Automotive product  
includes any product classifiable under the Harmonized System subheadings specified in Annex I of 
this Agreement. 1.2 Members assume obligations under this Agreem ent only with respect to standards, technical 
regulations, and conformity assessment procedures. 1.3 This Agreement shall not apply to purchasing specifications prepared by governmental bodies 
for production or consumption re quirements of governmental bodies. 
1.4 Any reference in this Agreement to standard s, technical regulations, or conformity assessment 
procedures shall be construed to include any amendment thereto and any additions to product 
coverage or other provisions thereof, except amendm ents and additions of an insignificant nature, to 
the extent such amendment or additio n pertains to an automotive product. 
 II. REGULATORY APPROACHES  
2.1 This Agreement shall be neutral with regard  to the regulatory approach a Member follows.  
For the application of technical regulations different administrative procedures exist and are in use.  
Two alternative approaches are generally known as t ype approval system or self-certification system. 
Members recognise that both systems have advantages a nd affirm that the choice of system remains in 
the sole judgement of the Member. 
 2.2 A type approval system indicates a regulatory a pproach relying on the use of an administrative 
procedure by which the competent authorities of one  Member declare, after carrying out the required 
verifications that a vehicle, equipment or parts submitted by the supplier conform to the requirements 
of a given technical regulation.  Afterwards the s upplier ensures that each vehicle, equipment or parts 
put on the market were produced to be identical with the approved product.  2.3 A self-certification system relies on the fact that  the supplier is required to certify, without any 
preliminary administrative control, that each product put on the market conforms to mandatory technical regulations;  the competent administrativ e authorities may verify by random sampling on the 
market that the self-certified products comply with  the requirements of a given technical regulation. 
 
STANDARDS, TECHNICAL REGULATIONS,  
AND CONFORMITY ASSESSMENT PROCEDURES 
 
III. INTERNATIONAL STANDARDIZATION AND REGULATORY CONVERGENCE 
3.1  International Standard-Setting Body 
  Members recognize that the World Forum for the Harmonisation of Vehicle Regulations (WP.29), within the framework of the United Na tions Economic Commission for Europe (UN ECE), 
is the main relevant international standard-setting b ody for the products covered by this Agreement.  
 
3.2 Regulatory Convergence and Harmonization  3.2.1 With a view to harmonizing technical regula tions and conformity assessment procedures on as 
wide a basis as possible, Members shall play a full part, within the limits of their resources, in the  TN/MA/W/118/Rev.1 
 Page 3 
 
 
   preparation by the appropriate international standa rdizing bodies of international standards, guides and 
recommendations pertaining to automotive products.  3.2.2 Members commit to participate actively in the development of Regulations in the 
standard-setting body identified in paragraph 3.1 an d shall cooperate for the adoption, without undue 
delay, of new Regulations by this body. 
 3.2.3 Members undertake to review technical regulati ons covered by this Agreement with a view to 
increasing their convergence to applicable internati onal standards at regular intervals, not exceeding 
five years.  When reviewing their existing technical regulations, Members shall consider whether the 
circumstances that have given raise to any nationa l divergence from a relevant international standard 
continues to exist.  The Member shall notify this reason together with a full technical description of 
the divergence to the Subcommittee establishe d in Article 11 and the World Forum for the 
Harmonisation of Vehicle Regulations.  
3.2.4 The World Forum for the Harmonisation of  Vehicle Regulations shall review these 
divergences and the reasons and report to the Subc ommittee of this Agreement about the state of 
harmonisation with regard to its Regulations, not less than every [three] years.  3.2.5    All legislation of a Member addressing a policy area covered by a Regulation adopted by the 
body identified in 3.1 shall be consistent with su ch Regulation no later than 10 years from the entry 
into force of this Agreement. No later than 2 y ears before the end of this transitional period, WTO 
Members having a voting right under the 1998 Agreemen t may decide by a two thirds majority to 
extend the transitional period by another 7 years from the adoption of such a decision  3.2.6 During this process of international conve rgence, Members shall actively review their 
domestic legislation with a view to enhancing co mpatibility of their technical requirements with 
relevant international standards.   3.3  Good Regulatory Practice  3.3.1 Where a Member prepares or proposes to adopt a technical regulation or conformity 
assessment procedure, in the case where a relevant international standard or  a relevant guide or 
recommendation issued by an international st andardizing body does not exist, it shall: 
consider, inter alia, costs of complying with th e proposed technical regulation or conformity 
assessment procedure;  and assess the available regulatory and non-regulatory altern atives to the proposed technical regulation or 
conformity assessment procedure that may fulfill th e Member's legitimate objective, such as market 
incentives or other voluntary mechanisms.  3.3.2 For regulatory activities in areas where a relevant  international standard or a relevant guide or 
recommendation issued by an international standa rdizing body does not exist, any Member shall 
publish, on an regular basis, a regulatory agenda wh ich includes any standard, technical regulation, or 
conformity assessment procedures that it reasonably e xpects to issue in proposed or final form within 
the coming future covering no less than the following 12 month period.  3.3.3 Each Member shall establish or maintain pro cedures for it to review, at regularly-scheduled 
intervals, its technical regulations and conform ity assessment procedures to determine whether such 
measures should be modified or eliminated so as to make the Member's regulatory program more 
effective in achieving the legitimate objective(s) pur sued.  In reviewing its technical regulations and 
conformity assessment procedures to determine wh ether such measures should be modified or 
eliminated, relevant elements of consideration include whether such technical regulations and 
conformity assessment procedures have become unnecessary or outdated by reason of changed 
circumstances, such as fundame ntal changes in technology. TN/MA/W/118/Rev.1 
Page 4  
 
   3.4  Development of International Standards 
 
 For international standards to make a maxi mum contribution to the achievement of trade 
facilitation for the products under this  Understanding, Members confirm the importance they attach to 
the principles announced in the Decision of th e WTO Committee on Technical Barriers to Trade 
(G/TBT/1/Rev.8) of 23 May 2002, Section IX ( Decision of the Committee on Principles for the 
Development of International Standards, Guides and R ecommendations with relation to Articles 2, 5 
and Annex 3 of the Agreement ) on the development of international standards. 
 3.5  Products with New Technologies or New Features  
3.5.1 No Member shall prevent or unduly delay th e placing on its market of a product on the ground 
that it incorporates a new technology or a new feat ure which has not yet been regulated unless it can 
demonstrate, based on scientific or technical inform ation, that this new technology or new feature 
creates a risk for human health, safety or the environment. 
 
3.5.2 When a Member decides to refuse the placing on the market or require the withdrawal from 
the market of a product on the ground that it incorporates a new technology or a new feature creating a risk for human health, safety or the environment,  it shall immediately notify this decision to the 
Member of origin of the product and to the econom ic operator concerned.  The notification shall 
include all relevant scientific or technical information.  
 
IV. EQUIVALENCE OF DOMESTIC TECHNICAL REGULATIONS  WITH 
INTERNATIONAL STANDARDS 
4.1 Any Member may list domestic technical re gulations for which this Member declares 
functional equivalence with a Regulation in Annex 2. 
 
4.2  Any automotive product that complies with  the requirements of a Regulation listed by a 
Member in Annex 2 shall be accepted by that Member as complying with the technical requirements of the applicable domestic technical regulations listed correspondingly.  For this area, no further 
technical requirements shall be stipulated in the domestic legislation of the importing Member, unless 
foreseen explicitly by such a Regulation.  V. MUTUAL RECOGNITION OF DOMESTIC TECHNICAL REGULATIONS ON THE 
BASIS OF INTERNATIONAL STANDARDS 
5.1 Until the convergence to international standards is  completed as referred to  in paragraph 3.2.5, 
any Member may declare in Annex 3 its recognition of  a technical requirement of another Member as 
functionally equivalent with the technical requi rements of its domestic technical regulation provided  
that both Members reciprocate this recognition of equi valence in its part of this Annex 3 and that at 
least one of the two Members has also listed the relevant technical requirements in Annex 2.  5.2 Any automotive product of a recognised Member that complies with the requirements of the corresponding domestic technical regulation of the recognised Member as listed by the recognising 
Member in Annex 3 shall be accepted by the reco gnising Member as complying with the technical 
requirements of its applicable domestic technical regulations.  For this area, no further technical 
requirements shall be stipulated in the dom estic legislation of the importing Member.  
 
VI. MUTUAL RECOGNITION OF CONFORMITY ASSESSMENT 
6.1  Independently of the regulatory approach me ntioned in Article 2 that a Member has chosen 
for part or the full set of its technical regulations  for products covered by this Agreement, Members 
are invited to join both the 1958 Agreement and the 1998 Agreement.  TN/MA/W/118/Rev.1 
 Page 5 
 
 
   6.2. Members with type-approval systems shall join the plurilateral system of recognition of 
type-approvals under the rules of the Agreement concerning the adoption of uniform technical 
prescriptions for wheeled vehicles, equipment and part s which can be fitted and/or be used on wheeled 
vehicles and the conditions for reciprocal recogn ition of approvals granted on the basis of these 
prescriptions, for any technical regulation declared in  Annex 3 so as to benefit from the in-built mutual 
recognition system under the 1958 Agreement. 
 6.3 Members with self-certification systems may join the plurilateral system of type-approvals under the rules of the Agreement concerning the adoption of uniform technical prescriptions for 
wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the 
conditions for reciprocal recogniti on of approvals granted on the basis of these prescriptions, so as to 
benefit from the in-built mutual recognition system  of this 1958 Agreement.  After joining this 
plurilateral system, such a Member has the right of nominating its monitoring body (or any body 
fulfilling the same criteria of expertise required unde r domestic law) in accordance with the rules and 
conditions of the 1958 Agreement as its domestic type approval author ity for the purpose of delivering 
approvals recognised amongst participants of this pl urilateral system.  This monitoring body shall be 
entitled to deliver type approvals for the purpose of  exporting to members with type-approval systems 
under the rules and conditions of the 1958 Agreement.   6.4  Members not joining the above-mentioned pl urilateral system of mutual recognition shall 
accord to conformity assessment bodies in the te rritory of any other Member treatment no less 
favourable than that they accord to conformity asse ssment bodies in its own territory with respect to 
the procedures, criteria, and other conditions w ith which conformity assessment bodies must comply 
in order for the Member to accredit or otherwise approve  them as competent to test or certify that an 
automotive product conforms with the Member 's standard or technical regulation.  
 
6.5 Conformity assessment bodies that are allowe d to operate under the plurilateral system of 
recognition of type-approvals under the 1958 Agreemen t shall be deemed fulfilling all requirements 
necessary in order to operate under a domestic conf ormity assessment system of any other Member. 
 
VII. POST-MARKET SURVEILLANCE 
7.1 Any Member's regulatory authorities retain th eir rights of requiring adequate and complete 
information, or the production of required assuranc es of conformity, or the random sampling on its 
markets of vehicles allowed to circulate on its terr itory.  Such verifications shall not constitute a 
disguised means of arbitrary or unjustifiable discr imination against the products of another Member. 
 7.2 If a Member requires test results for the pur poses of post-market surveillance (alone or in 
conjunction with other assurances of conformity) or  other assurances of conformity that are based on 
test results as an assurance that an automotive product conforms with a standard or technical 
regulation, it shall not require the testing to be pe rformed in a testing facility within its territory and 
shall accept the test results  if the testing is performed in anothe r Member's territory by a facility that 
the importing Member deems competent or approves for that purpose.  Each Member shall permit a testing facility in another Member's territory to demonstrate that it meets any requirements to be 
deemed competent or otherwise approved by the Member.  If the importing Member requires the 
testing facility to comply with requirements c oncerning the testing of automotive products for 
conformity with the standard or technical regula tions or requires the body that accredits the testing 
facility to comply with requirements concerning that accreditation, it shall ensure that such 
requirements are based on a conformity assessment  procedure that the Member has adopted and 
published in accordance with the provis ions of paragra phs 8.1 and 8.3. 
 7.3 Conformity assessment bodies that are allowe d to operate under the plurilateral system of 
recognition of type-approvals under the 1958 Agreemen t shall be deemed fulfilling all requirements 
necessary in order to operate under a domestic conf ormity assessment system of any other Member. TN/MA/W/118/Rev.1 
Page 6  
 
   7.4 Without prejudice to the 1958 and 1998 Agreements, if a Member determines that: 
 (1) test results or other information that a s upplier of an automotive product has submitted to the 
Member to demonstrate that the product conforms  to the Member's technical regulations fails 
to demonstrate such conformity;  or 
 
(2) a testing facility in the territory of anothe r Member does not meet the Member's requirements 
to be deemed competent or otherwise approved, 
  it shall immediately notify, in the case of s ubparagraph (1), the supplier of the automotive 
product and, in the case of subparagraph (2), the tes ting facility the reasons for its determination and 
indicate the corrective action that if taken would remedy the deficiency.  7.5 Notwithstanding compliance with the technical  regulations or the requirements listed in 
Annex 2 and Annex 3, a Member may, in exceptiona l circumstances, refuse to a supplier the placing 
of a product on its market or require a supplier to withdraw that product from its market if there are 
urgent and compelling risks for road safety, public  health or environmental protection based on 
substantiated scientific or techni cal information.  Such a refusal  shall not constitute a means of 
arbitrary or unjustifiable discrimination against the products of the other Member  or a disguised 
restriction on trade. Before it is implemented, any such temporary emergency measure shall be 
notified to the Member of the product's origin and to the supplier with an objective, reasoned and 
sufficiently detailed explanation of the motivation for the measure. 
 
TRANSPARENCY, PROCEDURES FOR JUDICIAL REVIEW,  
AND CONFIDENTIAL INFORMATION 
 
VIII.  TRANSPARENCY 
8.1 Further to Articles 2.9 and 5.6 of the TBT Agreement, where a Member prepares or proposes 
to adopt a technical regulation or conformity assessme nt procedure that may have a significant effect 
on trade of other Members, the Member shall, with a view to providing meaningful opportunity for comment and without discrimination am ong Members or interested parties: 
 
(1) publish, in print or electronically, the propo sed technical regulation or conformity assessment 
procedure at the earliest appropriate stage, in su ch a manner as to enable interested parties to 
become acquainted with it and to submit wr itten comments before the Member finalizes it;
 1 
 (2) to the extent applicable, identify in any notifi cation it makes pursuant to Article 2.9.2 or 5.6.2 
of the TBT Agreement any provisions of the pr oposed technical regulation or conformity 
assessment procedure that deviate in substance from relevant international standards, guides, 
or recommendations; 
  (3) upon request from another Member, provide par ticulars with respect to the proposed technical 
regulation or conformity assessment procedure concerning: 
 
(i) how the Member took or plans to take in to account the elements set out in paragraph 
3.3.1; 
 
                                                     
 
1 When a Member publishes a proposed technical regulation or conformity assessment procedure in 
accordance with this subparagraph, it sha ll be deemed to have satisfied the pertinent obligation in Articles 2.9.1 
and 5.6.1 of the TBT Agreement to publish a notice of the proposed technical regulation or conformity 
assessment procedure.  TN/MA/W/118/Rev.1 
 Page 7 
 
 
   (ii) where applicable, the Member’s reasons for determining that relevant international 
standards, guides or recommendations do not exist or are not imminent or that using relevant international standards, recommenda tions, or guides as a basis for its measure 
would be an ineffective or inappropriate means for the fulfilment of the legitimate 
objectives pursued; and 
 
(iii) any provisions of the measure that are based on another Member’s standard, technical 
regulation, or conformity assessment proce dure and, if the Member based its measure 
on two or more Members’ standards, tec hnical regulations, or conformity assessment 
procedures, the Member’s reasons therefore. 
 
(4)  upon request from an interested party, pr ovide copies of and particulars concerning the 
proposed technical regulation or conformity asse ssment procedure, including with respect to 
the elements described in subparagraph (3)(i)-(iii):  
 
(5) normally allow not less than 60 days for Members to comment in writing on the proposed 
technical regulation or conformity assessment procedure; 
 (6) (i)  allow reasonable time for interested  parties to comment in writing on the proposed 
technical regulations or conformity assessment procedure, which normally shall not be less than 60 days,
2 and (ii) take into account any such comments; and 
 
(7) publish, in print or electronically, any written comments it receives from Members or 
interested parties on the proposed technical re gulation or conformity assessment procedure. 
  Members shall comply with the obligations set out in this paragraph and Articles 2.9 and 5.6 
of the TBT Agreement regardless of whether re levant international standards, guides, or 
recommendations exist or the technical content of the proposed technical regulation or conformity 
assessment procedure is in accordance with rele vant international standards, guides, or 
recommendations.    8.2. Where urgent problems of safety, health, e nvironmental protection, or national security arise 
or threaten to arise for a Member, the Member may omit such steps enumerated in paragraph 8.1 as it 
finds necessary, provided that the Member shall without discrimination among Members or interested 
parties:  (1) to the extent applicable, identify in any no tification it makes pursuant to Article 2.10.1 or 
5.7.1 of the TBT Agreement any provisions of  the technical regulation or conformity 
assessment procedure that deviate in substance from relevant international standards, guides 
or recommendations; 
 (2) upon request, provide other Members particulars concerning the elements described in 
paragraph 8.1. (3)(i)-(iii) with respect to th e technical regulation or  conformity assessment 
procedure; 
 (3)  upon request, provide interested parties c opies of and particulars concerning the technical 
regulation or conformity assessment procedure, including with respect to the elements described in paragraph E(3)(i)-(iii); 
 
(4) (i)  allow interested parties to submit co mments in writing on the technical regulation, or 
conformity assessment procedure; and (ii) take these comments into account in 
                                                     
 
2 Each Member shall publish a noti ce, in print or electronically, specifying the comment period and give 
favourable consideration to reasonable reques ts from interested parties to extend it. TN/MA/W/118/Rev.1 
Page 8  
 
   deciding whether to modify the technical  regulation or conformity assessment 
procedure.  
 8.3 Further to Article 4.1 and Annex 3 of the TBT Agreement, where a Member proposes to prepare or adopt a standard, it shall, with a view  to providing meaningful opportunity for comment 
and without discrimination among Members or interested parties: 
 (1) publish, in print or electronically, the proposed standard at the earliest appropriate stage, in 
such a manner as to enable interested parti es to become acquainted with it and to submit 
written comments before the Member finalizes it; 
 
(2) notify other Members through the Secretaria t of the proposed standard at the earliest 
appropriate stage, including the products the pr oposed standard covers, together with a brief 
indication of its objective and ra tionale and, to the extent applicable, any provisions of the 
standard that deviate in substance from rele vant international standards, guides, or 
recommendations; 
 (3) upon request from another Member or interest ed party, provide particulars concerning the 
proposed standard, including with respect to th e elements described in paragraph 8.1 (3)(ii)-
(iii); 
 
(4) upon request, discuss written comments it receives from Members and take the results of those 
discussions into account in finalizing the proposed standard; and 
 (5) publish, in print or electronically, an y written comments it received from Members or 
interested parties on the proposed standard. 
 
 Each Member shall provide for standardizing bodi es within its territory to apply paragraphs L 
and M of Annex 3 to other Members as well as to in terested parties within the territory of a Member 
of the WTO.  8.4 When publishing a standard, technical regulati on, or conformity assessment procedure that it 
has adopted, or if paragraph 8.2 applies, as soon as possible after publication of the adopted standard, 
technical regulation or conformity assessment pro cedure, each Member shall publish, in print or 
electronically:  (1) its responses to any significant issues raised in comments it received from Members or 
interested parties during the comment period;
3 and  
 (2) the objective and rationale for preparing or adopting the standard, technical regulation, or 
conformity assessment procedure.  
 8.5 Each Member shall ensure that its proposed  and final standards, technical regulations and 
conformity assessment procedures, as well as any releva nt penalties, are published in a single official 
journal of national circulation, and shall encourag e their distribution through additional outlets.   
 8.6 Except in those urgent circumstances referre d to in paragraph 8.2, Members shall allow a 
reasonable period of time between the publication of  a technical regulation or conformity assessment 
procedure and the date(s) on which compliance with the technical regulation or conformity assessment 
procedure becomes mandatory to allow time for produ cers in exporting Members, and particularly in 
                                                     
 
3 For greater certainty, if a Member or an interested party submits comments during the comment 
period that concern the elements described in subparagra phs 3(i)-(iii), the Member shall publish its response to 
such comments.  TN/MA/W/118/Rev.1 
 Page 9 
 
 
   developing country Members, to adapt to the requirements of the importing Member.  Where 
conformity with a technical regulation would require  a substantial change in automobile design or 
technology, a reasonable period of time shall usually be not less than 18 months after the date of 
publication.  A Member shall consider reasonable requests from a Member or interested party to 
extend the period between publication and the da te(s) on which compliance with the technical 
regulation or conformity assessment procedure be comes mandatory, particularly in circumstances 
where conformity with the technical regulation wo uld require a substantial change in automobile 
design or technology.   8.7 Each Member shall publish, on an annual b asis, a regulatory agenda which includes any 
standard, technical regulation, or conformity assessm ent procedure that it reasonably expects to issue 
in proposed or final form within no less than the following 12 month period.   
 
IX. PROCEDURES FOR JUDICIAL REVIEW 
 Each Member shall establish or maintain judi cial, quasi-judicial, or administrative tribunals 
and procedures for the purpose of the prompt review  and, where warranted, correction of its final 
administrative actions relating to technical regula tions and conformity assessment procedures.  Each 
Member shall ensure that such tribunals are impa rtial and independent of the office or authority 
entrusted with administrative enforcement and do no t have any substantial interest in the outcome of 
the matter, and that proceedings before such tribuna ls are transparent and comply with due process of 
law.  
 
X. CONFIDENTIAL INFORMATION 
 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 would prejudice the legitimate commercial interests of 
particular enterprises, public or private. 
 
ADMINISTRATION, DISPUTE SETTLEMENT, AND FINAL PROVISIONS  
 XI. MONITORING AND OVERSIGHT 
 A Subcommittee on Automotive Products (S ubcommittee) 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 forum 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 to review the implementation and operation of this Agreement (a) at least every six 
months during the first 30 months after the date  this Agreement enters into force, and (b) 
thereafter at least once every 12 months;   
 
(4) report to the TBT Committee with a view to complementing and not duplicating the work of 
that Committee, and to this end, communicate to  the TBT Committee the results of its review 
conducted pursuant to subparagraph (3);  and 
 
(5) maintain and update the Annexes 2 and 3 on th e basis of notifications provided by Members. 
  TN/MA/W/118/Rev.1 
Page 10  
 
   XII. 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]  
 
XIII.  FINAL PROVISIONS 
[Note: Need to consider A final provisions to be in cluded in this Agreement, such as entry into force, 
withdrawal, amendment, WTO Secretariat to service  Agreement, deposit etc. B items included, for 
example, in the various UR WTO agreements] 
  The Annexes to this Agreement cons titute an integral part thereof. 
 
DEFINITIONS 
 
 Regulation  is any "regulation" as defined in th e Agreement concerning the adoption of 
uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or 
be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the 
basis of these prescriptions (1958 Agreement) and in the Agreement concerning the establishing of 
global technical regulations for wheeled vehicles, e quipment and parts which can be fitted and/or be 
used on wheeled vehicles (1998 Agreement).  
 Functionally equivalent  are any two or more technical regulations, possibly different, for 
which a Member declares that in order to fulfil the technical requirements contained in its technical regulation it is sufficient to comply with all re levant technical requirements of the functionally 
equivalent technical regulation.   
 1958 Agreement  means the Agreement concerning th e adoption of uniform technical 
prescriptions for wheeled vehicles, equipment and part s which can be fitted and/or be used on wheeled 
vehicles and the conditions for reciprocal recogn ition of approvals granted on the basis of these 
prescriptions.  
 
 1998 Agreement  means the Agreement concerning th e establishing of global technical 
regulations for wheeled vehicles, equipment and part s which can be fitted and/or be used on wheeled 
vehicles.  
 
 Supplier means any party that supplies the product and may include a manufacturer, 
distributor, or importer. 
  Interested party  [is not mentioned in the TBT Agreement; a definition should be added] 
  Other terms are defined as in Annex 1 of the TBT Agreement. 
 TN/MA/W/118 
Page 11 
 
 
  Annex 1 
 
Harmonized System Subheadings  
Vehicles Parts Parts Parts 
870120 381900 842123 854430 
870210 382000 842131 870710 
870290 400950 842139 870790 
870322 401010 842549 870810 
870323 401110 842691 870821 
870324 401120 843110 870829 
870331 401210 848210 870831 
870332 401220 848220 870839 
870333 401310 848240 870840 
870390 401593 848250 870850 
870421 401693 848310 870860 
870422 401699 850132 870870 
870423 681310 850710 870880 
870431 681390 850730 870891 
870432 700711 850790 870892 
870490 700721 851110 870893 
870600 700910 851120 870894 
 731816 851130 870899 
 732010 851140 871690 
 732020 851150 871899 
 830120 851180 902910 
 830210 851190 902920 
 830230 851220 902990 
 840734 851230 910400 
 840820 851240 940120 
 840990 851290 940190 
 840991 851991 940340 
 840999 851993 940350 
 841330 852520 940390 
 841391 852721 980200 
 841430 852729  
 841459 853180  
 841520 853641  
 841583 853910  
 841590 853921  
 TN/MA/W/118/Rev.1 
Page 12  
 
  Annex 2 
 
List of technical regulations for which Members declare 
 
equivalence with WP.29 Regulations  
 
[Heading UNECE Reg. or GTR, below rows: Declari ng Member, relevant member's legislation: title, 
leg. reference]  Example:
 
 
WP.29 Regulation:  Title   
 
Declaring Member Technical requirements of declaring Member 
Member 1  
Member 2  
Member 3  
Member 4   
Member 5  
…  
Member N  
  TN/MA/W/118/Rev.1 
 Page 13 
 
 
  Annex 3 
 
List of Mutual Recognition of Domestic Technical Requirements  
on the basis of International Standards  
 
 
[Heading member recognising other members' techni cal regulation; first column: UNECE Reg./GTR,  
second: recognising  member's legislation, third: title, fourth: recognised members' legislation] 
  
Examples:
 
 
Recognising Member: Member 1    Recognised Member: Member 2  
 
WP.29 Regulation Title EC technical 
requirements US corresponding 
requirements 
    
 
Recognising Member: Member 2   Recognised Member: Member 1  
 
WP.29 Regulation Title US technical 
requirements EC corresponding 
requirements 
    
 
Recognising Member: Member M   Recognised Member: Member N  
 
WP.29 Regulation Title EC technical 
requirements US corresponding 
requirements 
    
 Recognising Member: Member N   Recognised Member: Member M  
 
WP.29 Regulation Title US technical 
requirements EC corresponding 
requirements 
    
  
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