Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.
2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to:
(a) recognition by a Party of the results of conformity assessments performed in the territory of another Party;
(b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties;
(c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party;
(d) accreditation of conformity assessment bodies in the territory of another Party;
(e) use of existing regional and international multilateral recognition agreements and arrangements;
(f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and
(g) suppliers’ declaration of conformity.
3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures.
4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.
Conformity Assessment Procedures. 1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. The Parties shall exchange information on the range of mechanisms used in their territories.
2. The Parties shall accept, whenever possible, the results of the conformity assessment procedures conducted in the territory of the other Party, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of conformity assessment procedures conducted in the other Party, it shall, upon request of the other Party, explain the reasons for its decision. 3. Prior to accepting the results of a conformity assessment procedure in accordance with paragraph 2, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved in order to enhance confidence in the permanent reliability of each one of the conformity assessment results. 4. Each Party may accredit or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. If a Party accredits or otherwise recognizes a body assessing conformity with a particular technical regulation or standard in its territory and it refuses to accredit or otherwise recognize a body in the territory of the other Party assessing conformity with that technical regulation or standard, it shall, upon request of the other Party, explain the reasons for its decision. 5. The Parties shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. Where a Party declines such request, it shall, upon request of the other Party, explain the reasons for its decision. The Parties shall work together to implement the mutual recognition agreements to which both Parties are party.
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For example:
(a) the importing Party may rely on a supplier's declaration of conformity;
(b) conformity assessment bodies located in each Party's territory may enter into voluntary arrangements to accept the results of each other's assessment procedures;
(c) a Party may agree with the other Party to accept the results of conformity assessment procedures that bodies located in the other Party's territory conduct with respect to specific technical regulations;
(d) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party;
(e) a Party may designate conformity assessment bodies located in the territory of the other Party; and
(f) a Party may facilitate the consideration of a request by the other Party to recognise the results of conformity assessment procedures conducted by bodies in the other Party's territory, including through negotiation of agreements in a sector nominated by that other Party. The Parties shall exchange information on these and other similar mechanisms with a view to facilitating acceptance of conformity assessment results.
2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision.
3. Each Party shall accredit, approve, license, or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognises a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve, license, or otherwise recognise a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision.
4. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, it shall, on request of that other Party, ...
Conformity Assessment Procedures. 1. Conformity assessment procedures of the Parties shall be prepared, adopted and applied in a manner that provides access to similar goods of the territory of the other Party on terms no less favorable than those granted to similar goods of the Party or any other country in a comparable position.
2. Each Party shall, with respect to its conformity assessment procedures, ensure that:
(a) such procedures are initiated and completed as expeditiously as possible and in a non-discriminatory order;
(b) the normal processing period for each one of such procedures is published or the estimated processing period is communicated to the applicant upon request;
(c) the competent body or authority:
(i) upon receipt of an application, promptly examines the completeness of the documentation and informs the applicant in a precise and complete manner of any deficiency;
(ii) transmits to the applicant as soon as possible the results of the assessment in a precise and complete manner, so that the applicant may take any necessary corrective action;
(iii) even if the application is deficient, proceeds as far as practicable with the conformity assessment if so requested by the applicant; and
(iv) informs the applicant, on request, of the status of the application and the reasons for any delay;
(d) it limits the information the applicant is required to supply to what is necessary to conduct the conformity assessment procedure and to determine appropriate fees;
(e) the confidential nature of information arising from, or supplied in connection with such procedures for a good of the other Party is respected in the same manner as the treatment accorded to a good of that Party, so as to protect legitimate commercial interests;
(f) any fee it imposes for conducting the conformity assessment procedure of a good of the other Party is no higher than is equitable in relation to any such fee imposed for like goods of that Party, taking into account communication, transportation and other related costs derived from the different locations of the facilities of the applicant and those of the conformity assessment body;
(g) the location of facilities at which conformity assessment procedures and sampling selection procedures are conducted does not cause unnecessary inconvenience to the applicant or its agents;
(h) whenever the specifications for a good are modified subsequent to a determination that the good conforms to the applicable technical regulation or standard, the conformity assessmen...
Conformity Assessment Procedures. 1. The Parties recognise the benefits of increasing efficiency, avoiding duplication and ensuring cost effectiveness in conformity assessment, and that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment procedures. In this regard, each Party shall, as appropriate:
(a) encourage conformity assessment bodies located in its territory to enter into voluntary arrangements to accept the results of assessment procedures of bodies located in the territory of the other Party;
(b) consider recognising accreditation of conformity assessment bodies located in the territory of the other Party;
(c) consider designating conformity assessment bodies located in the territory of the other Party to perform conformity assessments;
(d) facilitate access to conformity assessment procedures in its territory;
(e) encourage the adoption by conformity assessment bodies in its territory of regional and international mutual recognition agreements and arrangements; and
(f) consider implementing mutual recognition of results of conformity assessment procedures conducted by bodies located in the respective territories of the Parties.
2. The Parties shall exchange information on their experience in the development and application of the mechanisms in subparagraphs 1 (a)-(f) and other similar mechanisms with a view to facilitating the acceptance of the results of conformity assessment.
3. Where a Party does not accept the results of any conformity assessment procedure performed in the territory of the other Party, it shall, on request of the other Party, explain its reasons.
Conformity Assessment Procedures. 1. Member States shall ensure that conformity assessment procedures are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary technical barriers to trade and that conformity assessment procedures that have to be complied with by suppliers of products originating in the territories of other Member States are not more stringent than those accorded to suppliers of like products of national origin.
2. Member States shall adopt conformity assessment procedures that are consistent with international standards and practices and wherever such procedures cannot be achieved because of differences in legitimate objectives, the differences of conformity assessment procedures shall be minimised as far as possible.
3. Member States shall develop and implement ASEAN Sectoral Mutual Recognition Arrangement in the regulated areas, where appropriate, in accordance with the provisions of the ASEAN Framework Agreement on Mutual Recognition Arrangements.
4. Member States shall accept the results of conformity assessment produced by conformity assessment bodies designated by other Member States in accordance with the provisions of the ASEAN Framework Agreement on Mutual Recognition Arrangements and the provisions of the respective ASEAN Sectoral Mutual Recognition Arrangements in all regulated areas.
5. Member States shall establish co-operation among National Accreditation Bodies and National Metrology Institutes (NMIs), including legal metrology in ASEAN to facilitate the implementation of MRAs in regulated and non-regulated sectors.
Conformity Assessment Procedures. 1. The Parties, with a view to increasing efficiency and ensuring cost effectiveness of conformity assessment, shall seek to enhance the acceptance of the results of conformity assessment procedures conducted by the designated conformity assessment bodies in the other Party, through negotiating a mutual recognition agreement.
2. When cooperating in the area of conformity assessment, the Parties shall take into consideration their participation in relevant international organizations.
Conformity Assessment Procedures. 1. In accordance with Article 6 of the TBT Agreement, each Party shall ensure, to the extent possible, that results of conformity assessment procedures conducted in the Area of the other Party are accepted.
2. Each Party recognises that a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment procedures conducted in the Area of the other Party. Each Party shall, on request of the other Party, provide information on the range of such mechanisms used with a view to facilitating acceptance of conformity assessment results.
3. Where a Party does not accept the results of a conformity assessment procedure conducted in the Area of the other Party as referred to in paragraph 1, it shall, on request of the other Party, explain the reasons therefor.
4. Where a Party accredits, approves, licenses, or otherwise recognises a body assessing conformity with a specific technical regulation or standard in its Area and refuses to accredit, approve, license, or otherwise recognise a body assessing conformity with that technical regulation or standard in the Area of the other Party, it shall, on request of the other Party, explain the reasons therefor.
5. Further to paragraph 3 of Article 6 of the TBT Agreement, where a Party declines a request from the other Party to engage in negotiations to conclude an agreement or arrangement on facilitating recognition in the Area of the Party of the results of conformity assessment procedures conducted by the conformity assessment bodies in the Area of the other Party, it shall, on request of the other Party, explain the reasons therefor.
Conformity Assessment Procedures. 1. The Parties agree to seek to increase efficiency, avoid duplication and ensure cost effectiveness through an appropriate range of mechanisms, including, but not limited to:
(a) facilitating recognition of cooperative arrangements between accreditation agencies from each other’s territory;
(b) implementing unilateral recognition by one Party of the results of conformity assessments performed in the other Party’s territory;
(c) implementing mutual recognition of conformity assessment procedures conducted by bodies located in the respective territories of the Parties;
(d) recognising accreditation procedures for qualifying conformity assessment bodies;
(e) supporting government recognition of conformity assessment bodies; and
(f) accepting suppliers’ declarations of conformity, where appropriate.
Conformity Assessment Procedures. 1. The Parties shall work cooperatively, in particular on mandatory conformity assessment procedures, with a view to facilitating trade.
2. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment procedures and the results thereof.
3. The Parties agree to exchange information on conformity assessment procedures, including testing, inspection, certification, accreditation and metrology, with a view to building mechanisms for cooperation in the field of conformity assessment procedures in a manner consistent with the TBT Agreement and the relevant domestic legislation of the Parties.
4. The Parties agree to encourage their conformity assessment bodies to work more closely with a view to facilitating the acceptance of conformity assessment results between both Parties.
5. Subject to paragraph 6, each Party shall accredit or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory.
6. China's domestic legislation requires a cooperation agreement between the Parties or their competent authorities before it can accredit, approve, license or otherwise recognise a body in the territory of Australia for assessing conformity with a particular technical regulation or standard.
7. This Article shall not preclude a Party from undertaking conformity assessment solely within specific government bodies located in its own territory or in the other Party's territory, subject to its obligations under the TBT Agreement.
