Common use of Assessment of Risk Clause in Contracts

Assessment of Risk. 1. A Party may, in pursuing its legitimate objectives, conduct an assessment of risk, taking into account: (a) Assessments of risk performed by international standardization organizations; (b) available scientific evidence or technical information; (c) related technology; or (d) end uses of the goods or services. 2. Where a Party establishes a level of protection that it considers appropriate to achieve its legitimate objectives and conducts an assessment of risk, it shall avoid arbitrary or unjustifiable distinctions between similar goods or similar services, where the distinctions: (a) Result in arbitrary or unjustifiable discrimination against goods or service providers of another Party; (b) constitute a disguised restriction on trade among the Parties; or (c) discriminate between similar goods or similar services for the same use under the same conditions that pose the same level of risk and provide similar benefits. 3. A Party shall provide another Party upon request with documentation on its risk-assessment processes and the factors it takes into account in conducting the assessment and in establishing the level of protection, in accordance with Article 9.04.

Assessment of Risk. 1. A Party may, in In pursuing its legitimate objectives, conduct an assessment of risk, taking each Party conducting risk assessments shall take into account: (a) Assessments of risk performed assessments carried out by international standardization organizationsi nternational standardizing or metrological bodies; (b) available scientific evidence or technical information; (c) related processing technology; or (d) intended end uses of the goods or servicesgoods. 2. Where a Party establishes a level of protection that it considers appropriate to achieve its legitimate objectives and conducts an assessment of risk, it shall avoid arbitrary or unjustifiable distinctions between similar goods or similar servicesin the level of protection it considers appropriate, where the distinctions: (a) Result result in arbitrary or unjustifiable discrimination against goods or service providers of another the other Party; (b) constitute a disguised restriction on trade among between the Parties; or (c) discriminate between similar goods or similar services for the same use under the same conditions that pose the same level of risk and provide similar benefits. 3. A Party shall provide another Party upon request with documentation on its risk-assessment processes and the factors it takes into account in conducting the assessment and in establishing the level of protection, in accordance with Article 9.04.

Assessment of Risk. 1. A Party may, in pursuing its legitimate objectives, conduct an assessment of risk, taking into account: (a) Assessments of risk performed by international standardization organizations; (b) available scientific evidence or technical information; (c) related technology; or (d) end uses of the goods or services. 2. Where a Party establishes a level of protection that it considers appropriate to achieve its legitimate objectives and conducts an assessment of risk, it shall avoid arbitrary or unjustifiable distinctions between similar goods or similar services, where the distinctions: (a) Result in arbitrary or unjustifiable discrimination against goods or service providers of another the other Party; (b) constitute a disguised restriction on trade among the Parties; or (c) discriminate between similar goods or similar services for the same use under the same conditions that pose the same level of risk and provide similar benefits. 3. A Party shall provide another the other Party upon request with documentation on its risk-assessment processes and the factors it takes into account in conducting the assessment and in establishing the level levels of protection, in accordance with Article 9.04.

Assessment of Risk. 1. A Party may, in pursuing its legitimate objectives, conduct an assessment of risk, taking into account: (a) Assessments of risk performed by international standardization organizations; (b) available scientific evidence or technical information; (c) related technology; or (d) end uses of the goods or services. 2. Where a Party establishes a level of protection that it considers appropriate to achieve its legitimate objectives and conducts an assessment of risk, it shall avoid arbitrary or unjustifiable distinctions between similar goods or similar services, where the distinctions: (a) Result in arbitrary or unjustifiable discrimination against goods or service providers of another Party; (b) constitute a disguised restriction on trade among the Parties; or (c) discriminate between similar goods or similar services for the same use under the same conditions that pose the same level of risk and provide similar benefits. 3. A Party shall provide another Party upon request with documentation on its risk-risk- assessment processes and the factors it takes into account in conducting the assessment and in establishing the level of protection, in accordance with Article 9.04.