Brazil, EU and India Nairobi, 12. April 2010

Create horizontal disciplines across all NAMA sectors on NTBs Reduction and where appropriate elimination of unnecessary obstacles to trade including NTBs Affirmation of rights and obligations under the WTO Agreements (including TBT Agreement Elaborating and building upon the TBT Agreement

Scope – Covers all products (Article 1) International standard setting bodies (Article 3) – ISO, IEC, ITU and Codex as the relevant bodies provided they follow the principles of the TBT Committee Decision – Other bodies in the Annexes

Review at regular intervals with a view to increase convergence to international standards Relevant elements for consideration include whether TR and CAP have become unnecessary or outdated by reason of changed circumstances such as fundamental changes in technology. Best endeavour for developing countries Developed countries to review atleast once every 5 years

 Impact of Technical Regulation(TR)/ Assessment Procedures (CAP)  Assess available regulatory and non regulatory alternatives that may fulfil legitimate objectives  Impact on trade to be assessed on basis of special development, financial and trade needs of developing countries

Opportunity for interested parties to comment To Members how the elements of good regulatory practice were taken into account When available in written format the assessment of impact on trade Publish the written comments from Members or interested parties Best endeavour clause to publish public responses

Notice of TR/CAP being proposed available in a single journal Final TR/CAP available in a single journal Creation of electronic repositories of TR/CAP through a WTO portal Developing countries to provide only a meaningful description of the TR/CAP if they cannot practically provide translation into an official WTO language or do not have any of the WTO languages as their official language.

 Technical co-operation on post market surveillance for systems such as suppliers declaration of conformity (SDOC)  When applying good regulatory practices, the special development, financial and trade needs of developing countries will be taken into account.

 Conformity Assessment Procedures (CAP)  Best endeavour clause on suppliers declaration of conformity (SDOC)  Invitation to create MRAs  Encouragement to accreditation bodies to join ILAC and IAF  Confidentiality of information  TBT Committee to oversee operation and implementation of the Understanding  Annexes/ Appendices to prevail over this Understanding in case of conflict