Common use of Compatibility Clause in Contracts

Compatibility. 1. Recognizing the crucial role of standards-related measures in achieving legitimate objectives, the Parties shall, in accordance with this Chapter and the WTO Agreement, work jointly to enhance the level of safety and of protection of human, animal and plant life and health, the environment and consumers. 2. The Parties shall, to the greatest extent practicable, work to make compatible their respective standards-related measures, without reducing the level of safety or of protection of human, animal or plant life or health, the environment or consumers, without prejudice to the rights granted to either Party under this Chapter, and taking into account international standardization activities so as to facilitate the trade of a good between the Parties. 3. A Party shall, upon request of the other Party, seek, as far as possible and through appropriate measures, to promote the compatibility of a specific standard-related measure that is maintained in its territory with the standards-related measures maintained in the territory of the other Party. 4. A Party shall, upon request in writing from the other Party explicitly stating its reasons for the request, consider favorably the possibility of accepting standards-related measures of the other Party as equivalent to its own, even if they differ from its own, provided that, in cooperation with that Party, it is convinced that such measures comply adequately with the legitimate objectives of its own measures. 5. A Party shall provide to the other Party, upon request, its reasons in writing for not accepting standards-related measures as equivalent under paragraph 4.

Compatibility. 1. Recognizing the crucial role of standards-related measures in achieving legitimate objectives, the Parties shall, in accordance with this Chapter and the WTO Agreement, work jointly to enhance the level of safety and of protection of human, animal and plant life and health, the environment and consumers. 2. The Parties shall, to the greatest extent practicable, work to make compatible their respective standards-related measures, without reducing the level of safety or of protection of human, animal or plant life or health, the environment or consumers, without prejudice to the rights granted to either Party under this Chapter, and taking into account international standardization activities so as to facilitate the trade of a good between the Parties. 3. A Party shall, upon request of the other Party, seek, as far as possible and through appropriate measures, to promote the compatibility of a specific standard-related measure that is maintained in its territory with the standards-related measures maintained in the territory of the other Party. 4. A Party shall, upon request in writing from the other Party explicitly stating its i ts reasons for the request, consider favorably the possibility of accepting standards-related measures of the other Party as equivalent to its own, even if they differ from its own, provided that, in cooperation with that Party, it is convinced that such measures comply adequately with the legitimate objectives of its own measures. 5. A Party shall provide to the other Party, upon request, its reasons in writing for not accepting standards-related measures as equivalent under paragraph 44 .