WORLD TRADE  
ORGANIZATION  TN/MA/W/118 
9 September 2009 
 (09-4296) 
Negotiating Group on Market Access Original:   English 
  
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Negotiating Text
 
 
Agreement on Non-Tariff Barriers Pertaining to Standards, Technical Regulations,  
and Conformity Assessment Procedures for Automotive Products  
 
Communication from the European Communities 
 
 The following communication, dated 7 September 2009, is being circulated at the request of 
the delegation of the European Communities. 
 
_______________ 
 
 On the basis of the proposal for an Agreemen t on non-tariff barriers pertaining to standards, 
technical regulations, and conformity assessment pr ocedures for automotive products as contained in 
the compilation of texts of the Chairman of the Negotiating Group on Market Access of 
6 December 2008 (TN/MA/W/103/Rev.3), the Eur opean Communities have the honour of presenting 
herewith textual additions to this proposal that ar e designed to complement it and make it compatible 
with those regulatory approaches for automotive pr oducts which are based on type-approval systems.  
The European Communities are gratef ul to the United States for providing a first legal text which 
served as the basis for this completed textual proposal. 
 
 In an effort to bridge systemic diffe rences between regulatory systems based on self-
certification and systems based on type-approval, th is completed textual pr oposal equally responds 
concretely to the request made by the Global Automotive Industry Dialogue (GAID) to provide 
solutions to non-tariff barriers in the trade of automotive products.    
 The automotive industry is one of the most globalised manufacturing industries – as the 
current economic crisis has more than sufficiently de monstrated.  Markets are interlinked to such an 
extent that only global approaches will bring viab le solutions.  This completed textual proposal 
outlines a process leading to a situation where using one global set of international standards and a 
single type approval will be sufficient to commerciali se in any participating Member country a vehicle 
produced in any other Member country. Unnecessary duplications and variat ions will no longer be 
required.   The process outlined contains numerous elem ents of voluntary participation of WTO 
Members. National regulators will thereby retain the full control on their participation in the process. 
At the same time, this proposal recognises the high quality work of the World Forum for the 
Harmonisation of Vehicle Regulations (WP.29), within the framework of the United Nations 
Economic Commission for Europe (UN ECE).  This UN body already today establishes the "regulations", as defined in the "Agreement concer ning 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 appr ovals granted on the basis of these prescriptions" 
(1958 Agreement) and in the "Agreement concerning  the establishing of global technical regulations 
for wheeled vehicles, equipment and parts which can  be fitted and/or be used on wheeled vehicles" 
(1998 Agreement).  It is in this context that global regulatory cooperation should take place. TN/MA/W/118 
Page 2  
 
   Strengthening of international harmonisation through a gradual convergence process is one of 
the cornerstones of the proposal.  In particular , the "regulations" elaborated by UNECE WP.29 
demonstrate a quality that makes it possible for nationa l regulators to rely on them without any further 
addition. Several jurisdictions do already use these "regulations" directly for ensuring safety on their 
markets.  
 
 The completed textual proposal recognises the well functioning and well tested mutual recognition system operating under the 1958 Agreement.   The important novel element is that those 
countries that operate a self-certification system are provided with the possibility to nominate a 
qualified authority to deliver type approvals fo r export markets operating type approval systems, 
without a need to change their domestic regulati ons.  This feature should deliver to manufacturers 
located in regulatory systems based on self-certific ation considerable advantages when engaging on 
global markets, whilst ensuring highest levels of saf ety.  A Member's participation will determine the 
advantages received by its exporters. In order to pr ofit from the openness of other markets, a Member 
will have to open its market. 
 
 A key concept of the completed textual propo sal is "functional equiva lence". In practice, 
many national technical regulations do not differ considerably, but may still not be the same.  
However, those divergent requirements do create substantial additional costs to manufacturers, 
resulting in considerable price increases for consum ers.  In this light, the proposal foresees a 
framework whereby a Member declares that, in order to fulfil the technical requirements contained in 
its technical regulation, it is sufficient to comply  with all relevant technical requirements of a 
"functionally equivalent" technical regulation.   Finally, aspects that have already been presen t in the earlier proposal text as collated by the 
Chair, such as for instance good regulatory practice and transparency, have of course been included 
into the completed textual proposal, to take acc ount of the global interconnection relevant for 
regulation, production and trade in the automotive sector.   The completed textual proposal is as follows:  
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 appropriate  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  TN/MA/W/118 
 Page 3 
 
 
  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; 
Recognizing that no country should be prevented from taking measures necessary for the 
protection of its essential security interests;  
Agree as follows:  
1. 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 sta ndards, technical regulations, or conformity 
assessment procedures shall be construed to incl ude any amendment thereto and any additions to 
product coverage or other provisions thereof, excep t amendments and additi ons of an insignificant 
nature, to the extent such amendment or addition pertains to an automotive product. 
2.  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. 
 TN/MA/W/118 
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  STANDARDS, TECHNICAL REGULATIONS,  
AND CONFORMITY ASSESSMENT PROCEDURES 
 
 
3.  INTERNATIONAL STANDARDISATION 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 regulations 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 
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 th e development of Regulations in the standard-
setting body identified in paragraph 3.1 and shall coop erate 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 No later than [10] years from the entry into  force of this Agreement, all legislation by a 
Member addressing a policy area covered by a Regula tion adopted by the body identified in 3.1 shall 
be based on and shall be fully in  line with such Regulation. 
 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: 
(1) consider, inter alia, costs of complying with th e proposed technical regulation or conformity 
assessment procedure;  and  TN/MA/W/118 
 Page 5 
 
 
  (2) assess the available regulatory and non-regulator y alternatives to the proposed technical 
regulation or conformity assessment procedure that may fulfill the 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. 
 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 Principlies 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.  
 
4.  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. 
 TN/MA/W/118 
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  5.  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.  
 
6.  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 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 the Agreement concerning the est ablishing of global technical regulations for 
wheeled vehicles, equipment and parts which can be  fitted and/or be used on wheeled vehicles (1998 
Agreement).  
6.2. Members with type-approval systems shall join  the plurilateral system of recognition of type-
approvals under the rules of the Agreement concer ning 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 approva ls 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.  
  TN/MA/W/118 
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  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. TN/MA/W/118 
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  7.  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. 
 
7.4 Without prejudice to the 1958 and 1998 Agreements, if a Member determines that: 
 
(1) test results or other information that  a supplier of an automotive product has 
submitted to the Member to demonstrate that  the product conforms to the Member's 
technical regulations fails to de monstrate such conformity;  or 
 
(2) a testing facility in the territory of an other Member does not meet the Member's 
requirements to be deemed competent or otherwise approved, 
 
it shall immediately notify, in the case of subparagra ph (1), the supplier of the automotive product and, 
in the case of subparagraph (2), th e testing 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.   TN/MA/W/118 
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  TRANSPARENCY, PROCEDURES FOR JUDICIAL REVIEW,  
AND CONFIDENTIAL INFORMATION 
 
 
8. TRANSPARENCY 
 
8.1 This paragraph shall apply in lieu of Artic les 2.9 and 5.6 and paragraphs L through N of 
Annex 3 of the TBT Agreement where a Member prep ares or proposes to 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 
standard, technical regulation, or conformity assess ment procedure is in accordance with relevant 
international standards, guides or recommendations. Where a Member prepares or proposes to adopt a 
standard, technical regulation, or conformity assessm ent 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 prop osed standard, technical regulation, or 
conformity assessment procedure at the earliest appropriate stage, in such a manner as 
to enable interested parties in other Me mbers to become 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 automotive produces) the pr oposal covers, together with a brief 
indication of its objective and ra tionale and, to the extent applicable, any provisions 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 or interested party,  provide copies of and 
particulars concerning the proposed standard , technical regulation, or conformity 
assessment procedure, including: 
(i) how the Member took into account the elements set out in paragraph B; 
(ii) where applicable, the Member's re asons for determining that relevant 
international standards, guides or r ecommendations do not exist or are not 
imminent or that using relevant inte rnational standards, recommendations or 
guides as a basis for its measure would be an ineffective or inappropriate 
means for the fulfillment 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 procedure and, if the Member 
based its measure on two or more Members' standards, technical regulations, 
or conformity assessment procedures, the Member's reasons therefore. 
(4) allow reasonable time (normally at least 60 days) for Members and interested parties 
to comment in writing on the proposal,1 and (ii) take into account any such 
comments; 
                                                      
1  Each Member shall publish, in pr int or electronically, a notification specifying the comment period and 
give favourable consideration to reasonable requests to extend the comment period. 
 TN/MA/W/118 
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  (5) upon request, discuss written comments it r eceives 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 parties on the proposed standard, technical regulation, or conformity 
assessment procedure. 
8.2 Where urgent problems of safety, health, environmental protection, or national security arise 
or threaten to arise for a Member, that 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) immediately following adoption of the measure, notify other Members through the 
Secretariat of the standard, technical regulation, or conformity assessment procedure, 
including the automotive product(s) 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 provisi ons of the standard, technical regulation, 
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 and in terested parties with copies of and 
particulars concerning the standard, techni cal regulation, or conformity assessment 
procedure; 
 
(3) (i) allow other Members and interested parties to submit comments in writing on 
 the 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. 
 
8.3  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 procedure, each Member shall publish, in print or 
electronically: 
 
(1) its responses to any significant issues rai sed in comments it received from Members 
or interested parties during the comment period;2  and 
(2) the objective and rationale for prepari ng or adopting the standard, technical 
regulation, or conformity assessment procedure. 
                                                      
2  For greater certainty, if raised in comments received from a Member or an interested party, a Member's 
response shall include a response to the items described in su bparagraphs 3(i)-(iii). 
  TN/MA/W/118 
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  8.4  Each Member shall ensure that its proposed  and final standards, technical regulations and 
conformity assessment procedures, as well as any rele vant penalties, are published in an official 
journal of national circulation, and shall encourage their distribution through additional outlets. 
8.5 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 
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. 
8.6  Interested parties of any Member shall be a llowed to notify to any two Members, with copy to 
the Subcommittee established in Article 11, a pro posed list of technical requirements in the two 
respective legislative regimes which they consider as functional equivalent.  The regulatory authorities 
of these two Members shall consider these proposals prom ptly with a view to enlarging their entries in 
Annex 3. 
9. 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 impartial and i ndependent of the office or authority 
entrusted with administrative enfo rcement and do not have any substan tial interest in the outcome of 
the matter, and that proceedings before such tribun als are transparent and comply with due process of 
law.  
10. 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 woul d prejudice the legitimate commercial interests of 
particular enterprises, public or private. 
 
ADMINISTRATION, DISPUTE SETTLEMENT, AND FINAL PROVISIONS  
 
11. 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 implementati on 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; 
 TN/MA/W/118 
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  (3) meet to review the implemen tation and operation of this Ag reement (a) at least every 
six months during the first 30 months after th e 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 en d, communicate to the TBT Committee the 
results of its review conducted pur suant to subparagraph (3);  and 
 
(5) maintain and update the Annexes 2 and 3 on the basis of notifications provided by 
Members. 
 
12. 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]  
 
13. FINAL PROVISIONS  
[Note: Need to consider A final provisions to be in cluded in this Agreement, su ch 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.  
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 A nnex 1 of the TBT Agreement. 
 TN/MA/W/118 
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  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 
Page 14  
 
  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 
 Page 15 
 
 
  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 
    
 
 TN/MA/W/118 
Page 16  
 
   
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS  
 
Answers by the co-sponsors to Questions from Singapore on the 
 
“Ministerial Decision on Trade in Remanufactured Goods”  
 
Communication from Japan, Swit zerland, and the United States 
 
 The following communication, dated 27 May 2009, is being circulated at the request of the co-sponsors of the proposed “Ministerial Decision on Trade in Remanufactured Goods.”  
 
 
_______________ 
 
 
Question
:   G.1.  Paragraph 5 - Why is the definiti on in the proposal substantially different from 
those seen in the US’ free trade agreemen ts?  The difference could be found in 
product scope and the criteria of life e xpectancy, performance standards, and 
warranty. 
 Answer
:   The definition of a remanufactured good proposed by the co-sponsors (which is in 
brackets) does contain language on warrant y.  However, we believe that life 
expectancy and performance standards are not relevant characteristics in this proposal’s non-binding definition.   
  In U.S. free trade agreements, the defin ition of a remanufactured good is linked to the 
definition of a recovered good in a binding rules-of-o rigin chapter of the agreement.  This proposal 
does not address recovered goods, nor can it address ru les of origin, and so must be substantially 
different from the relevant provisions in U.S. free trade agreements.  The only binding obligation in 
our proposal is for Members to meet every six mont hs to discuss barriers to trade in remanufactured 
goods.  There is no requirement for Members to im plement the definition of remanufactured good into 
their own domestic legislation or regulation.   
 
 
__________