Common use of Assessment of Risk Clause in Contracts

Assessment of Risk. 1. In pursuing its legitimate objectives, each Party conducting risk assessments shall take into account: a) risk assessments carried out by international standardizing or metrological bodies; b) available scientific evidence or technical information; c) related processing technology; or d) intended end uses of goods. 2. Where a Party establishes a level of protection that it considers appropriate and conducts an assessment of risk, it shall avoid arbitrary or unjustifiable distinctions between similar goods in the level of protection it considers appropriate, where the distinctions: a) result in arbitrary or unjustifiable discrimination against goods of the other Party; b) constitute a disguised restriction on trade between the Parties; or c) discriminate between similar goods for the same use under the same conditions that pose the same level of risk and provide similar benefits. 3. A Party shall provide to the other Party, upon request, relevant documentation on its risk assessment processes and on the factors taken into account when conducting the assessment and definition of protection levels, according to Article 9.04.

Assessment of Risk. 1. In pursuing its legitimate objectives, each Party conducting risk assessments shall take into account: : a) risk assessments carried out by international standardizing or metrological bodies; ; b) available scientific evidence or technical information; ; c) related processing technology; or or d) intended end uses of goods. 2. Where a Party establishes a level of protection that it considers appropriate and conducts an assessment of risk, it shall avoid arbitrary or unjustifiable distinctions between similar goods in the level of protection it considers appropriate, where the distinctions: : a) result in arbitrary or unjustifiable discrimination against goods of the other Party; ; b) constitute a disguised restriction on trade between the Parties; or or c) discriminate between similar goods for the same use under the same conditions that pose the same level of risk and provide similar benefits. . 3. A Party shall provide to the other Party, upon request, relevant documentation on its risk assessment processes and on the factors taken into account when conducting the assessment and definition of protection levels, according to Article 9.04.