WORLD TRADE  
ORGANIZATION  TN/MA/W/139 
9 July 2010 
 (10-3782) 
Negotiating Group on Market Access Original:   English 
  
 
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Understanding on Non-Tariff Barriers Pertaini ng to Standards, Technical Regulations, 
 
and Conformity Assessment Procedures for Automotive Products  
 
Communication from Canada and the United States 
 
 
 The following communication, dated 9 July 2010, is being circulated at the request of the 
delegations of Canada and the United States. 
 
_______________ 
 
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 international trade  in automotive products;  
 
Recognizing  that no Member should be prevented fro m 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 where the same conditions prevail or  a disguised restriction on international trade;  
 Recognizing  that no country should be prevente d from taking measures necessary for the 
protection of its essential security interests; and     
Affirming their existing rights and obligations under the WTO Agreement, including the 
Agreement on Technical Barriers to Trade (TBT Agreement); and 
 Seeking  to build and elaborate upon the TBT Agreement with respect to standards, technical 
regulations, and conformity assessment pro cedures pertaining to automotive products;  
 
Agree as follows:  
 TN/MA/W/139 
Page 2  
 
  I. DEFINITIONS 
 The terms used in this Understanding shall have  the same meaning as in the TBT Agreement.  
In addition, for purposes of this Understanding: 
 
 automotive product means a motor vehicle or motor vehicle part and includes any motor 
vehicle or motor vehicle part classifiable under the Harmonized System subheadings specified in 
Annex I of this Understanding; 
   Committee Decision means Decision of the Committee on Principles for the Development of 
International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of 
the Agreement  issued by the WTO Committee on Technical Barriers to Trade in  Decisions and 
Recommendations adopted by the Committee since 1 January 1995 , G/TBT/1/Rev.9, 
8 September 2009;   interested party  means an interested party in the territory of any Member;  
 
 motor vehicle  means an automobile, a truck, a bus, or a motorcycle; [ Note: We are 
considering also including in this defini tion certain special purpose motor vehicles] 
 
 motor vehicle part  means a part or component intended for use in a motor vehicle;  
 
 supplier  means any person that supplies an automotive product and may include a 
manufacturer, distributor, or importer; and   TBT Committee  means the WTO Committee on Technical Barriers to Trade. 
 
II. SCOPE AND COVERAGE   
 This Understanding applies to  standards, technical regulations, and conformity assessment 
procedures of central government bodies pertaining to automotive products, including any amendments or additions to the rules thereof, but does not apply to purchasing specifications as 
described in Article 1.4 of the TBT Agreement or to amendments or additions of an insignificant 
nature as described in Article 1.6 of the TBT Agreement.  
 
III. STANDARDS, TECHNICAL REGULATIONS, AND CONFORMITY ASSESSMENT 
PROCEDURES 
International Standards 
 
A.  For purposes of applying Articles 2 and 5 and A nnex 3 of the TBT Agreement and Article III 
of this Understanding,  with respect to any automotive product, an international standard, guide, or 
recommendation shall be understood to mean a sta ndard, guide, or recommendation developed in 
accordance with the principles set out in th e Committee Decision, including consensus and 
impartiality and effectiveness and relevance.  The pr inciple of effectiveness and relevance set out in 
paragraphs 10 and 11 of the Committee Decision  shall be understood to include taking into account 
the technical and economic feasibility of alternative approaches to the standard the body is preparing, 
the relative benefits, and cost-effectiveness of al ternative approaches, and the best available 
technology.  
  TN/MA/W/139 
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  Good Regulatory Practice  
 
B. Recognizing that good regulatory practices can contribute to avoiding unnecessary obstacles 
to trade within the meaning of Articles 2 and 5 of the TBT Agreement,  where a Member prepares or 
proposes to adopt a technical regulation or conformity assessment, it shall: 
 
(1) consider, inter alia , costs of complying with the proposed technical regulation or conformity 
assessment procedure; and  
(2) assess the available regulatory and non-regul atory alternatives to the proposed technical 
regulation or conformity assessment procedure that may fulfil the Member's legitimate 
objective, such as providing market incentives or  other voluntary mechanisms, or considering 
a product to meet the Member's requirements if  it conforms with a relevant alternative 
international standard.  
 Using Technical Regulations and Conformity  Assessment Procedures of Other Members 
 
C. Where a technical regulation or conformity assessment procedure is required and a relevant 
international standard, guide or recommendation does not  exist or its completion is not imminent or it 
would be an ineffective or inappropriate means to fulfil the a Member's legitimate objective, the 
Member shall consider using, as a basis for its technical regulation or conformity assessment 
procedure, another Member's techni cal regulation or conformity assessme nt procedure, or its relevant 
parts, provided that it has been prepared and a dopted and is applied in accordance with this 
Understanding and is not inconsiste nt with the WTO Agreement. [ Note: may need to expand this 
reference to include other DDA agreements .]  
 Transparency   
 
D. Where a Member prepares or proposes to adopt a technical regulation or conformity 
assessment procedure that may affect  trade of other Members, it shall: 
 (1) observe the obligations set out in Articles 2.9.1 through 2.9.4 and 5.6.1 through 5.6.4 of the 
TBT Agreement with respect to technical re gulations and conformity assessment procedures 
the technical content of which is in accordan ce with the technical content of relevant 
international standards, guides, or recommendations; 
 (2) publish, in print or electronically, the propo sed technical regulation or conformity assessment 
procedure at an early appropriate stage wh en amendments can still be introduced and 
comments taken into account, in such a manner as  to enable interested  parties to become 
acquainted with it; 1   
 (3) without discrimination, allow interested parties to comment in writing on the proposed 
technical regulation or conformity assessment procedure and take these comments into 
account;   
 (4) in any notification it makes pursuant to Article 2.9.2 or 5.6.2 of the TBT Agreement:  
                                                     
 
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/139 
Page 4  
 
    (i) include a copy of the proposed technical regulation or conformity assessment 
procedure or an Internet address at which the measure may be viewed and,  
   (ii) identify, to the extent practicable, any parts of the proposed technical 
regulation or conformity assessment procedure that deviate in substance from 
relevant international standards, guides, or recommendations;  
 
(5) normally allow not less than 60 days for other Members and interested parties to comment in 
writing on the proposed technical regulation or c onformity assessment procedure and consider 
reasonable requests to extend the comment period; 
 
(6) upon request from another Member  or an interest ed party, provide particulars with respect to 
the proposed technical regulation or conform ity assessment procedure including concerning; 
 
  (i) how the Member took or plans to take into account the elements set out in 
paragraph B; 
   (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 inte rnational standards, recommendations, or 
guides as a basis for its measure would be an ineffective or inappropriate 
means to fulfil the Member's legitimate objective; and 
   (iii) where applicable, the Member's reasons for basing its measure on different 
standards, technical regulations, or conformity assessment procedures from two or more other Members, and 
 
(7)  publish, in print or electronically, an y written comments it received from Members or 
interested parties or a summary thereof on the proposed technical regulation or conformity assessment procedure.
2 
 E. Where urgent problems of safety, health, envi ronmental protection, or national security arise 
or threaten to arise for a Member, that Member may omit such steps enumerated in paragraph D as it 
finds necessary, provided that upon adoption of th e technical regulation or conformity assessment 
procedure the Member takes the actions described in  Articles 2.10.1 through 2. 10.3 or 5.7.1 through 
5.7.3 of the TBT Agreement and, without discrimina tion, allows interested parties to comment in 
writing on the technical regulation or conformity assessment procedure and takes these comments into 
account.    
 F. A Member shall observe, mutatis mutandis,  the obligations set out in Articles 2.9.1 through 
2.9.4 and 5.6.1 through 5.6.4 of the TBT Agreem ent and subparagraphs D(1) through (7) and 
paragraph H of this Understanding where it:  
                                                     
 
2 A summary shall provide a description of the significant issues the comments raise in sufficient detail 
to inform interested parties and other Members of their content and shall include, inter alia,  a summary of 
commenters' positions on, and suggestions to revise, the proposed technical regulation or conformity assessment procedure and, to the extent practicable and subject to applicable privacy laws, a summary of information that 
commenters submitted to support their positions.    TN/MA/W/139 
 Page 5 
 
 
  (a) requests or directs a body to prepare a standard with a view to mandating that an 
automotive product comply with that standard, or establishing a presumption that an automotive product complies with a technical regulation or conformity assessment procedure if it conforms to that standard;  and 
(b) establishes a presumption that a product that conforms to a standard developed by a 
body at the request or direction of the Member complies with a technical regulation 
or conformity assessment procedure.  
G. Each Member shall ensure that where a central government body 
 (1) is entrusted with regulatory or policy aut hority pertaining to automotive products or is 
accountable to, or owned in whole or part by, a body that a Member has entrusted with 
regulatory or policy authority pertaining to automotive products; and  
 (2)  prepares a standard,  
 it observes, mutatis mutandis, the obligations set out in Articles 2.9.1 through 2.9.4 and 5.6.1 through 
5.6.4 of the TBT Agreement and subparagraphs  D(1) through (7) and paragraph H of this 
Understanding.  
  H. Further to Articles 2.11 and 5.8 of the TBT Agr eement, with respect to a technical regulation, 
or conformity assessment procedure th at it has adopted, each Member shall: 
 
(1) publish the measure, and where applicable i ndicate any penalties the Member may impose for 
failing to comply with it, in a single official journal of national circulation, and shall encourage its distribution thr ough additional channels; and 
 
 (2) publish, in print or electronically: 
   (i) its responses to any significant issues,  including  that Members or interested 
parties raised in the co mments they submitted during the comment period;3 
and  
  (ii) the objective and rationale for adopting the technical regulation, or 
conformity assessment procedure.  
 I. Except in those urgent circumstances referred to in Articles 2.10 and 5.7 of the TBT Agreement, and further to Articl es 2.12 and 5.9, a Member shall: 
 
(1) provide an interval between the date of publ ication of a technical regulation or conformity 
assessment procedure that would require a subs tantial change in motor vehicle design or 
technology and the date on which compliance with the measure becomes mandatory that is  
usually: 
   (i) not less than 18 months, or  
 
  
                                                     
 
3 For greater certainty, significant issues include, fo r example, issues concerning the cost of complying 
with, or regulatory or non-regulatory alternatives to, the proposed technical regulation or conformity assessment 
procedure.   TN/MA/W/139 
Page 6  
 
  (ii)  not less than 12 months, when the Member used the technical regulation or 
conformity assessment procedure of an other Member, developed and adopted 
in accordance with this Understanding a nd the TBT Agreement, as a basis for 
its  technical regulation or conformity assessment procedure; and 
  
(2) consider reasonable requests from another Me mber or an interested party to extend the 
interval between the date of publication and th e date on which compliance with the technical 
regulation or conformity assessment procedure becomes mandatory, particularly in circumstances where conformity with the technical regulation or conformity assessment procedure would require a substantial change  in automobile design or technology.  
 
J. Each Member shall give consideration to  publishing annually a regulatory agenda that 
identifies any standard, technical regulation, or conformity assessment procedure that it reasonably 
expects to issue in proposed or final form over the following 12 months or more.    Testing    
 
K. Further to Article 5 of the TBT Agreement:  (1) If a Member requires test results (alone or in conjunction with other assurances of 
conformity) or other assurances of conformity that are based on test results as an assurance 
that an automotive product conforms with a st andard or technical regulation, it shall not 
require the testing to be performed by a bod y to be located within its territory.  
 (2) If Member requires an automotive product to be tested by a body that it deems competent or 
approves to carry out such testing, it shall permit bodies in other Members' territory to 
demonstrate that they comply with any proce dures, criteria, and other conditions the Member 
requires to deem a body competent, or otherwise approve it for that purpose.   
 (3) If a Member determines that: 
 
(i) 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 demonstrate such conformity; or 
 (ii) a testing facility in the territory of another Member does not meet the 
Member's requirements to be deemed  competent or otherwise approved, 
 
it shall promptly inform, in the case of subparagraph (i), the supplier of the automotive product or, in the case of subparagraph (ii), th e testing facility of the reasons for its 
determination  and, upon request, where possible, share information to facilitate identification 
of the corrective action that if taken would remedy the deficiency.  
 National Treatment of Conformity Assessment Bodies 
 
L. Further to Article 6.4 of the TBT Agreem ent, each Member shall accord to conformity 
assessment bodies in the territory of any other Member treatment no less favourable than that it 
accords to conformity assessment bodies in its own te rritory with respect to the procedures, criteria, 
and other conditions with which conformity assessme nt bodies must comply in order for the Member 
to accredit, deem competent, or otherwise approve th em to test or certify that an automotive product 
conforms with the Member's sta ndards or technical regulations. 
  TN/MA/W/139 
 Page 7 
 
 
  Procedures for Review  
 
M.   (1) Each Member shall establish or maintain judicial, 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 tec hnical regulations and conformity assessment 
procedures.  Each Member shall ensure that su ch tribunals are impar tial and independent of 
the office or authority entrusted with admi nistrative enforcement and do not have any 
substantial interest in the outcome of the matt er, and that proceedings before such tribunals 
are transparent and provide due process of law.   
 (2) Each Member shall establish or maintain pr ocedures for it to review, at regularly-scheduled 
intervals, its technical regulations and conformity 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 Member's legitimate objectives.  In 
reviewing its technical regulations and conf ormity assessment procedures to determine 
whether they should be modified or elimin ated, a Member should consider, among other 
factors, whether the technical regulations a nd conformity assessment procedures have become 
unnecessary or outdated by reason of changed circ umstances, such as fu ndamental changes in 
technology.   
 
IV. INFORMATION  
 
 Nothing in this Understanding shall be constr ued to require a Member to furnish or allow 
access to confidential information the disclosure of which 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.  
V. MONITORING AND OVERSIGHT 
 
 A Working Party on Automotive Products is he reby established under the TBT Committee to 
oversee the operation and implementation of this Understanding and further its objectives and to 
provide a forum for discussions on any matter rela ted to this Understanding.  The TBT Committee 
shall provide for the Working Party to:   (1) be composed of representatives of each Member;  
 
(2) elect its own Chairman and apply the TBT Committee's working procedures;   (3) meet to review the implementation and ope ration of this Understanding no later than 12 
months after the date this Unde rstanding enters into force, and thereafter at least once every 
12 months, unless the Working Party agrees otherwise; and  
 
(4) report to the TBT Committee no later than 15 m onths after the date this Understanding enters 
into force, and thereafter at least once every 12 months, 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 the reviews it c onducts pursuant to subparagraph (3). 
 TN/MA/W/139 
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  VI. DISPUTE SETTLEMENT 
 
 Articles 14.1 through 14.3 of the TBT Agreement shall apply mutatis mutandis to this 
Understanding.  [Note:  need to further consider relations hip with Dispute Settlement Understanding]  
 VII. FINAL PROVISIONS  
 [Note: Need to consider final provisions to be included in this Understanding, such as entry into 
force, withdrawal, amendment, WTO Secretar iat to service Understanding, deposit etc. B items 
included, for example, in the various UR WTO agreements] 
 
   TN/MA/W/139 
 Page 9 
 
 
  Annex I  
 
Note: The HS Codes below are from a pre-2007 HS code nomenclature and will need to be updated 
and aligned with HS codes used in the tariff negotiations.   
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 
871110 731816 851130 870899 
871120 732010 851140 871690 
871130 732020 851150 871899 
871140 830120  851180 902910 
871150  830210 851190 902920 
871190 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  
 
 
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