WORLD TRADE  
ORGANIZATION  TN/MA/W/136 
15 March 2010 
 (10-1368) 
Negotiating Group on Market Access Original:   English 
  
 
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Framework for Industry-specific NTB Proposals
 
 
Communication from Brazil, the European Union and India 
 
Negotiating Text  
  The following negotiating text, dated 13 March  2010,   pursuant to  paragraph 24 (c) of the 
draft modalities for non-agricultural market access as published in TN/MA/W/103/Rev.3 of 
6 December 2008 is being circulated at the request of the delegations of Brazil, the European Union 
and India.   Even though this proposal is presented as an Understanding, the proponents are open to 
discuss other formats for its adoption. 
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Framework Understanding on Non-Tariff Barriers 
 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; 
 
 Desiring  to further the expansion of production and trade so as to promote growth and 
employment; 
  Convinced  that reduction and, as appropriate, elimination of unnecessary obstacles to trade 
caused by divergent, duplicative and burdensome na tional standards, technical regulations and 
conformity assessment procedures will be to the be nefit of all Members, taking into account the 
importance of trade for developing countries a nd the global nature of many industries; 
 
Affirming their existing rights and obligations under the WTO Agreement, including the 
Agreement on Technical Barriers to Trade (the "TBT Agreement"); 
 
 
 Noting  that the reduction and, as appropriate, elimination of non-tariff barriers do not prevent 
Members from taking measures consistent with the TBT Agreement that are necessary to, inter alia , 
protect human, animal, or plant life or health or th e environment; or to prevent deceptive practices; or 
to protect essential security interests;     TN/MA/W/136 
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  Hereby agree  as follows: 
 
Article 1 
 
1. This Understanding applies to all products.  The industry specific Annexes [A-Z] of this 
Understanding apply to certain products as specified therein.  
 
Article 2 
 
1. The terms used in this Understanding shall have the same meaning as in the Agreement on 
Technical Barriers to Trade, unless otherwise stated in this Understanding. 
 
GENERAL PART 
 
Strengthening International Standard-Setting 
 
Article 3 
 
International Standard-Setting Bodies 
 
1. For the purpose of applying  this Unders tanding and the TBT Agreement, international 
organizations, such as the International Orga nization for Standards (ISO), International 
Electrotechnical Commission (IEC), the International Telecommunication Union (ITU) and Codex 
Alimentarius, shall be considered relevant international standard-se tting bodies  provided that  in the 
development of their standards they follow the principles and procedures set out in TBT Committee 
Decision on Principles for the Development of International Standards, Guides and 
Recommendations with relation to Articl es 2, 5 and Annex 3 of the Agreement..1  
 
2.  The Annexes to this Unders tanding may stipulate that intern ational standard-setting bodies or 
standards issued by such bodies other than the ones listed under paragraph 1 are relevant with respect 
to certain products, procedures and specified risks and their intended use for the purpose of applying 
this Understanding and the TBT Agreement.  
3. Increased use of international standards, in particular by developing countries, can be best 
achieved by strengthening the existing internationa l standard-setting organisations and by proactive 
and meaningful implementation of technical as sistance and special and differential treatment 
provisions in Articles 11 and 12 of the Agreement on Technical Barriers to Trade, as further strengthened by the provisions  of this Understanding. 
 
Article 4 
 
Convergence to International Standards and Harmonisation 
 
1. Where harmonization of technical regulations  and conformity assessment procedures has not 
been achieved or is not practicable, efforts of Member s shall be directed to identifying solutions that 
strive to build on the concepts of convergence of re gulations to international standards and regulatory 
practices to the greatest extent possible.   2. Without prejudice to Art. 2.3 of the TBT Agreement, Members shall review at regular 
intervals technical regulations with a view to incr easing their convergence with relevant international 
standards. In undertaking this review, Members sh all evaluate the possibility of amending technical 
                                                     
 
1 Annex B of the Document G/TBT/1/Rev. 9 dated 8 September 2008.  TN/MA/W/136 
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  regulations and conformity assessment procedures in accordance with the relevant international 
standards or relevant guides or recommendations issu ed by international standardizing bodies existing 
at the time of the review.  3. In reviewing such technical regulations a nd conformity assessment procedures to determine 
whether such measures should be modified or elimin ated, relevant elements of consideration include 
whether such technical regulations and confor mity assessment procedures have become unnecessary 
or outdated by reason of changed circumstanc es, such as fundamental changes in technology. 
 4. Developed country Members shall undertake th is review at least once every five years. 
Developing country Members are encouraged to appl y the provisions of this Article. Members shall 
convey the frequency established for such reviews to the Committee on Techni cal Barriers to Trade. 
 
Article 5 
 
Development of International Standards 
 
1.  For international standards to make a ma ximum contribution to the achievement of trade 
facilitation for the products under th is Understanding, Members confirm the importance they attach to 
the principles and procedures set out in the TBT Committee Decision on Principles for the 
Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 
and Annex 3 of the Agreement . When Members are represented by their Governmental authorities in 
international standard-setting bodies they shall guide the work therein by the principles set out in the 
Committee Decision , taking into account the particular situation of developing countries. 
 
Article 6 
 
Improving Regulatory Practice 
 
1. Where a Member prepares or proposes to adopt a technical regulation or conformity 
assessment procedure and a relevant international standard or a relevant guide or recommendation 
issued by an international standa rdizing body does not exist, it shall: 
 
(a) consider, inter alia , the impact of  the proposed techni cal regulation or conformity assessment 
procedure; and 
 (b) assess the available regulatory and non-regul atory alternatives to the proposed technical 
regulation or conformity assessment procedur e that may fulfill the Member's legitimate 
objective  in accordance with Artic le 2.2 of the TBT Agreement. 
 2. When considering the impact on trade of  the proposed technical regulation or conformity 
assessment procedure, Members shall take into acc ount the special development, financial and trade 
needs of developing country Members. Members recognize that no country shall be prevented from 
taking measures necessary to protect legitimate publ ic policy objectives, such as the protection of 
human, animal and plant life or health, of the e nvironment, or the preven tion of deceptive practices. 
 3.  The requirements in paragraph 1 do not impl y any determination on the way or format this 
consideration shall take. 
 
  TN/MA/W/136 
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  Article 7 
 
Ensuring Transparency and Due Process 
 
1. With a view to meet the obligations in Article 2.2 of the TBT Agreement, further to 
Articles 2.9, 2.10, 5.6 and 5.7 of the TBT Agreem ent, before amending an existing or adopting a 
technical regulation or conformity assessment pro cedure that is not in accordance with relevant 
standards, guides or recommendations issued by inte rnational standardizing bodies, and such technical 
regulation or conformity assessment procedure may ha ve a significant effect on trade, Members shall 
facilitate the opportunity for any interested party to  send their comments, which shall be taken into 
consideration before its final publication.  
 2. Before amending an existing or adopting a ne w technical regulation or conformity assessment 
procedure, and in case this measure may have a significant effect on trade, Members shall also:   
(a) provide information, upon request from a nother Member, on how the Member took into 
account the elements set out in paragraph 6.2; and 
 (b) provide information, upon request, to inter ested Members on the assessment of the impact on 
trade of any such proposed technical regulation or conformity assessment procedure, wherever available in written format;  
 
(c) publish, in print or electronically, any written comments it received from Members or 
interested parties on such proposed technical regulation or conformity assessment procedure. 
Members shall make their best efforts to also  publish the public responses to significant issues 
raised, or a meaningful summary thereof. 
 
3.  For the purpose of enabling interested par ties to become acquainted with all technical 
regulations, Members shall ensure that any technical regulation or conformity assessment procedure are easily accessible to interested parties. In th e case of central government bodies, Members shall 
ensure that the notice that a technical regulation or a conformity assessment procedure is being proposed and is open to public comments is published in a single official journal of national 
circulation or in a publicly accessible website, with  the information on how the text of the measure 
can be obtained.  
4.  In accordance with Article 2.11 of the TB T Agreement, Members shall ensure that any 
technical regulation or conformity assessment procedure in force are easily accessible to interested 
parties. In the case of central government bodies,  Members shall ensure that its final technical 
regulations and conformity assessment procedures, as well as any relevant penalties, are published in 
a single official journal of national circulation or  in a publicly accessible website, and encourage their 
distribution through additional outlets.  5. In order to facilitate trade in particular  for small and medium enterprises, electronic 
repositories of technical regulations and conformity  assessment procedures, with which compliance of 
specific products or product groups required at the im portation and at the moment of placing  it on its 
market shall be accessible through a dedicated WT O portal. The WTO Secretariat shall provide the 
technical infrastructure for establishing and managing these repositories. Members shall be 
responsible for making available and accessible the a pplicable technical regulations for inclusion in 
the repository. The repository would also include un official translations provided by Members. 
 6. Developed Members and, whenever practicab le, developing Members which have any of the 
WTO official languages as their own official la nguage, shall make available their technical 
regulations and conformity assessment procedures, in at least in one of the official languages of the  TN/MA/W/136 
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  WTO through the dedicated WTO portal referred to in  paragraph 5 and ensure to keep them in the 
currently applicable version. In cases where this is  not practicable for a developing country Member, 
this Member shall provide a meaningful descriptio n of the measure in an official WTO language 
including a link to access the original regulatory me asure. Translations provided shall be deemed 
unofficial unless the Member explicitly declares them  as authentic in the language provided to the 
WTO Secretariat. 
 7. Developing Members which do not have any of the WTO official languages as their own 
official language shall provide a meaningful descrip tion of the measure in an official WTO language  
including a link to access the original regulatory measure. 
 
8. Members shall allow a reasonable period of time be tween the publication of a technical regulation or 
conformity assessment procedure, and the date(s) on  which compliance with such regulation becomes 
mandatory to allow time for producers in exporting Member s, and particularly in developing country Members, 
to adapt to the requirements of th e importing Member. Where conformity with a regulatory measure would 
require a substantial change in design or technology, or the raw materials required for input of a 
manufacturing process, a reasonable period of time sha ll be not less than 6 months after the date of 
publication  unless there are compelling reasons of public interest. A Member shall consider reasonable 
requests from a Member or interested party to exte nd the period between publication and the date(s) on 
which compliance with such non-tarif f regulatory measure, and in partic ular its technical regulation or 
conformity assessment procedure becomes mandatory, particularly in circumstances where conformity 
with the technical regulation would require a substantial change in design or technology or inputs. 
 9. Each Member shall make available transparent and impartial judicial or quasi-judicial review 
of final administrative decisions relating to technical regulations and conformity assessment 
procedures that follows due process. Each Member shall ensure that any entity entrusted with such 
review does not have any substantial interest in the outcome of the matter.  
 
Article 8 
 
Assuring Conformity with Regulatory Requirements 
 1. For the purpose of applying Article 5.1.2 of  the TBT Agreement, where a Member requires 
positive assurance of conformity with its applicab le technical regulations for accepting a product on 
its market, the Member shall ensure that the require d level of assurance of conformity is proportionate 
to the risk that non compliance would entail with regard to the public policy objective pursued.   
 
2. In cases of specific products and in regard to  specific, well-described risks, Members shall 
endeavour to include a supplier’s declaration of  conformity as assurance of conformity with 
applicable technical regulations among the options.  The Annexes to this Understanding may identify 
such products and risks.  3. In cases where supplier's declarations of conf ormity are not used by Members, in accordance 
with Article 6.1 of the TBT Agreement, Members are inv ited to create, if not yet existing, or to join, if 
already existing, any functioning arrangements for mutual recognition of test results or conformity assessments with a view to increasing its membersh ip to all WTO Members. The Annexes to this 
Agreement shall specify such arrangements a nd any conditions related to the use of these 
arrangements for the purposes of  enhancing trade within the multilateral trading system. 
 
4. Members shall encourage their accreditati on bodies to participate in international 
accreditation systems and to become signatories of international accreditation schemes  such as the 
multilateral agreements of the International La boratory Accreditation Cooperation (ILAC) and the 
International Accreditation Forum (IAF). TN/MA/W/136 
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  Article 9 
 
Providing Technical Assistance and Cooperation 
 
1. As provided for by Article 11 of the TBT Agreement, developed country Members shall 
provide, on request and on mutually agreed terms and conditions with devel oping and least-developed 
country Members, technical cooperation in the implementation of the commitments under this 
Understanding. This should also include tec hnical cooperation on post-market surveillance by 
Members having such experience as far as required for the implementation of systems based on 
supplier's declaration in developing and least-developed country Members.  
 
Article 10 
 
Special and Differential Treatment 
 
1. The obligations of this Understanding sha ll be applied without prejudice to the full 
applicability of special and differential tr eatment provisions of the TBT Agreement. 
 2.  When considering the impact and the availa ble regulatory and non-regulatory alternatives, the 
special development, financial and trade needs of  developing country members will be taken into 
account with a view to ensuring that such standard s, technical regulations, and conformity assessment 
procedures do not create unnecessary obstacles to exports from developing country members. 
 
Article 11 
 
Respecting Confidentiality and Business Secrets 
 
1. Nothing in this Understanding  shall be construed to require a Member to furnish or allow 
access to confidential information or business secret s, the disclosure of which would impede law 
enforcement or otherwise be contrary to the pub lic interest or which would prejudice the legitimate 
commercial interests of particular ec onomic operators, public or private. 
 
Article 12 
 
Management and Oversight on Implementation 
 
1. The TBT Committee shall oversee the operation and implementation of this Understanding. 
 
2. In the context of the triennial reviews of the TBT Agreement, the TBT Committee shall 
examine the implementation of this Understanding with  the aim of, inter alia, gradually expanding the 
coverage of the Annexes.  
Article 13 
 
Final Provisions 
 
1.  The Annexes and Appendices to this Understanding constitute an in tegral part thereof. In the 
event of a conflict between the provisions of the An nexes and of this Understanding, the provisions of 
the Annexes and Appendices shall prevail. 
 2. [ Procedure to add new Annexes to be developed ] 
  TN/MA/W/136 
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  INDUSTRY SPECIFIC PART 
 
Annex A – Textiles 
 
(As agreed in the ongoing negotiations) 
 
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Annex B – Electronics 
 
(As agreed in the ongoing negotiations) 
 
_______________ 
 
 
Annex C – Automotives 
 
(As agreed in the ongoing negotiations) 
 
_______________ 
 
 
Annex D – Chemicals 
 
(As agreed in the ongoing negotiations) 
 
_______________ 
 
Annex X - Other Industry Specific Annexes 
 
(As agreed in the ongoing negotiati ons or according to the procedure  
to be developed under Article 13.2) 
 
 
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