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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists exist to facilitate the acceptance in a of the results of conformity assessment procedures, including:
(a) arrangements between conformity assessment bodies from the territory of each Party's territory ;
(b) agreements on mutual acceptance 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 specified regulations conducted by bodies located in the territory of the other Party;
(ec) a unilateral recognition by one Party may designate of the results of conformity assessments performed in the territory of the other Party, where applicable;
(d) accreditation procedures for qualifying conformity assessment bodies and promotion of the recognition of accreditation and certification bodies under regional and international mutual recognition arrangements which the Parties are members to;
(e) designating conformity assessment bodies by the government ofa Party which is located in the territory of the other PartyParty to perform conformity assessment procedures; and
(f) reliance on a supplier's declaration of conformity, where appropriate.
2. Each Party may facilitate the consideration of a request by shall exchange information with the other Party to recognise the results of conformity assessment procedures conducted by bodies on its experience in the other Party's territory, including through negotiation development and application of agreements the mechanisms in a sector nominated by that other Party. The Parties shall exchange information on these paragraph 1 and other similar appropriate mechanisms with a view to facilitating acceptance of the results of conformity assessment resultsprocedures.
23. Where a Party does not accept Before accepting the results of a conformity assessment procedure conducted procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties may consult with each other on matters such as the technical competence of the conformity assessment bodies involved.
4. A Party shall, on request of the other Party, explain its reason for not accepting the results of any conformity assessment procedures performed in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision.
35. Each In accordance with its laws and regulations, each Party shall accredit, approve, license, approve 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 territoryconformity
6. Where if a Party accredits, approves, licenses, approves 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 explain the reasons for its decision.
7. Each Party shall give positive consideration to a request by the other Party to negotiate and conclude arrangements to facilitate recognition of the results of conformity assessment procedures conducted by bodies located in the territory of the other Party. If a Party declines such a request, 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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Conformity Assessment Procedures. 1. The Parties recognise In cases where a positive assurance is required that products conform with technical regulations or standards, and relevant guides or recommendations issued by international standardising bodies exist or their completion is imminent, each Party shall ensure that central government bodies use them, or the relevant parts of them, as a basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards, guides or recommendations or relevant parts are inappropriate for the Party concerned, for, inter alia, such reasons as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems.
2. Each Party shall ensure, whenever possible, that results of conformity assessment procedures in the other Party (3) are accepted, even when 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.
3. A Party shall, upon request of the other Party, explain its reasons for not accepting the results of a conformity assessment procedure conducted in the other Party.
4. Each Party recognises that, depending on the situation of the Party and the specific sectors involved, 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 exampleSuch mechanisms may include:
(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 mutual recognition agreements 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;
(b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the other Party;
(c) the use of accreditation to qualify conformity assessment bodies, including through negotiation of relevant multilateral agreements in a sector nominated or arrangements, to recognise the accreditation granted by that the other Party;
(d) the designation of conformity assessment bodies in the other Party;
(e) unilateral recognition by a Party of results of conformity assessment procedures conducted in the other Party; and
(f) manufacturer's or supplier's declaration of conformity.
5. The Parties Upon reasonable request by a Party, the other Party shall exchange information or share experiences on these the mechanisms referred to in paragraph 4, including their development and other similar mechanisms application, with a view to facilitating the acceptance of the results of conformity assessment procedures, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.
6. The Parties recognise the important role that relevant international, including regional, organisations can play in cooperation in the area of conformity assessment. In this regard, each Party shall take into consideration the participation status or membership in such organisations of relevant bodies of the other Party in facilitating this cooperation.
7. The Parties agree to encourage cooperation between their relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment resultsresults between the Parties.
28. Each Party shall, whenever possible, permit the participation of conformity assessment bodies of the other Party in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in that Party.
9. Where a Party permits participation of its conformity assessment bodies and does not accept the results permit participation of a conformity assessment procedure conducted bodies in the territory of the other PartyParty in its conformity assessment procedures, it shall, on request of that other Party, explain the reasons reason for its refusal 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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists Each Party should seek to facilitate enhance the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the territory of the other Party's territoryParty with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. For exampleIn 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:
(a) recognition by a Party of the importing Party may rely on a supplierresults of conformity assessments performed in the other Party's declaration of conformityterritory;
(b) conformity assessment recognition of arrangements between accreditation bodies located in each Party's territory may enter into voluntary arrangements to accept the results territories of each other's assessment proceduresthe Parties;
(c) a Party may agree with the other Party Mutual Recognition Agreements (MRAs) for conformity assessment to accept specific regulations: agreements on mutual acceptance of the results of conformity assessment procedures that conducted by bodies located in the territory of the other Party's territory conduct with respect to specific technical regulations;
(d) a Party may adopt use of accreditation procedures for qualifying to qualify conformity assessment bodies located in the territory of the other Party;
(e) a Party may designate use of existing international multilateral recognition agreements and arrangements;
(f) designating conformity assessment bodies located in the territory of the other Party;
(g) suppliers' declaration of conformity; and
(fh) a Party may facilitate the consideration of a request by the other Party to recognise the results of voluntary arrangements between conformity assessment procedures conducted by assessments bodies located in the other each Party's territory, including through negotiation of agreements in a sector nominated by that other Party.
2. The Parties shall exchange information on these and other similar mechanisms approaches with a view to facilitating acceptance of conformity assessment results.
23. 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.
34. Each Party shall may 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.
45. 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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise 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 ’s territory. For example:
(a) the importing Party may rely on a supplier's declaration recognize the results of conformityconformity assessment procedures conducted in the territory of the other Party;
(b) conformity assessment bodies located in each Party's ’s territory may enter into voluntary arrangements to accept the results of each the other's ’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;
(ed) a Party may designate conformity assessment bodies located in the territory of the other Party; and
(fe) a the importing Party may facilitate the consideration rely on a supplier=s declaration 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 Partyconformity. The Parties shall intensify their exchange of information on these and other similar mechanisms with a view to facilitating acceptance of conformity assessment resultsmechanisms.
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 the other Party, explain the reasons for its decision.
3. Each Party shall accredit, approve, license, or otherwise recognise recognize conformity assessment bodies in the territory of the other Party on terms no less favourable favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognises recognizes a body assessing conformity with a specific technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that the 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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise 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. For example:
(a) the importing Party may rely on a supplier's declaration recognize the results of conformityconformity assessment procedures conducted in the territory of the other Party;
(b) conformity assessment bodies located in each Party's territory may enter into voluntary arrangements to accept the results of each the 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;
(ed) a Party may designate conformity assessment bodies located in the territory of the other Party; and
(fe) a the importing Party may facilitate the consideration rely on a supplier=s declaration 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 Partyconformity. The Parties shall intensify their exchange of information on these and other similar mechanisms with a view to facilitating acceptance of conformity assessment resultsmechanisms.
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 the other Party, explain the reasons for its decision.
3. Each Party shall accredit, approve, license, or otherwise recognise recognize conformity assessment bodies in the territory of the other Party on terms no less favourable favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognises recognizes a body assessing conformity with a specific technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that the 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 the other Party, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists exist to facilitate the acceptance in a Party's territory of the results of conformity confor mity assessment procedures conducted in the other Party's territory. For exampleprocedures, including:
(a) the importing Party may rely Party's reliance 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 agreements on mutual acceptance of each other's assessment procedures;
(c) a Party may agree with the other Party to accept the results of conformity assessment procedures that with respect to specific techni cal regulations conducted by bodies located in the territory of the other Party's territory conduct with respect ;
(c) the use of accreditation procedures to specific technical regulationsqualify conformity assessment bodies;
(d) a Party may adopt accreditation procedures for qualifying government designation of conformity assessment bodies, including bodies located in the territory of the other Party;
(e) unilateral recognition by 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 (f) voluntary arrangements between conformity assessment bodies in the territory respective territories of each Party; and
(g) the use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties.
2. Having regard, in particular, to those considerations, the Parties shall:
(a) intensify their exchange of information regarding these and other mechanisms, with a view to facilitating the accep tance of conformity assessment results;
(b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific prod ucts and, in line with Article 5.1.2 of the other TBT Agreement, require that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create;
(c) exchange information on terms no less favourable than those it accords accreditation policies and consider how to make the best use of international standards for accreditation and the best use of international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accredita tion Forum; and
(d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them.
3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in its territoryrelation to any fees chargeable for assessing the con formity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.
4. Upon request by either Party, the Parties may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assess ment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party accredits, approves, licenses, or otherwise recognises declines such 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 request from the other Party, it shall, on request of that other Partyupon request, explain the reasons for its decisionreasons.
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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise 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. For exampleresults, including:
(a) the importing Party may rely Party’s reliance on a supplier's ’s declaration of conformity;
(b) voluntary arrangements between conformity assessment bodies located in from each Party's territory may enter into voluntary arrangements to accept the results of each other's assessment procedures’s territory;
(c) a Party may agree with the other Party to accept agreements on mutual acceptance of the results or certification 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 specified regulations conducted by bodies located in the territory of the other Party;
(d) accreditation procedures for qualifying conformity assessment bodies;
(e) a Party may designate government designation of conformity assessment bodies located in the territory of the other Partybodies; and
(f) a recognition by one Party may facilitate the consideration of a request by the other Party to recognise the results of conformity assessment procedures conducted by bodies performed in the other Party's territory, including through negotiation of agreements in ’s territory on a unilateral basis for a sector nominated by that other Party.
2. The To this end, the Parties shall intensify their exchange of information on these and other similar the variety of mechanisms with a view to facilitating facilitate the acceptance of conformity assessment resultsresults or certification.
23. Each Party shall give positive consideration to accept the results of conformity assessment procedures carried out in the other Party. Where a Party does not accept the results of a conformity assessment procedure conducted performed in the territory of the other Party, it shall, on request of that the other Party, explain the reasons for its decisionreasons.
34. Each Party shall accredit, approve, license, or otherwise recognise recognize 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 If a Party accredits, approves, licenses, or otherwise recognises recognizes a body assessing conformity with a specific particular technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Partyrequest, explain the reasons for its decisionrefusal.
45. Where At the request of a Party declines a request from Party, the other Party shall give favourable consideration to engage in enter into negotiations or conclude an to reach agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, it shallincluding mutual recognition agreements, on subject to the interests of both Parties. Where a Party declines a request of that from the other Party, it shall explain the its reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purposeupon request.
Appears in 1 contract
Samples: Economic Partnership Agreement
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists exist to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For exampleprocedures, including:
(a) the importing Party may rely Party's reliance 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 agreements on mutual acceptance 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 regulationsregulations conducted by bodies located in the territory of the other Party;
(c) the use of accreditation procedures to qualify conformity assessment bodies;
(d) a Party may adopt accreditation procedures for qualifying government designation of conformity assessment bodies, including bodies located in the territory of the other Party;
(e) unilateral recognition by 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 (f) voluntary arrangements between conformity assessment bodies in the territory respective territories of each Party; and
(g) the use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties.
2. Having regard, in particular, to those considerations, the Parties shall:
(a) intensify their exchange of information regarding these and other mechanisms, with a view to facilitating the acceptance of conformity assessment results;
(b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the other TBT Agreement, require that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create;
(c) exchange information on terms no less favourable than those it accords accreditation policies and consider how to make the best use of international standards for accreditation and the best use of international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accreditation Forum; and
(d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them.
3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in its territoryrelation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.
4. Upon request by either Party, the Parties may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party accredits, approves, licenses, or otherwise recognises declines such 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 request from the other Party, it shall, on request of that other Partyupon request, explain the reasons for its decisionreasons.
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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. In respect of mandatory conformity assessment procedures the Parties shall apply paragraph 1 of Article 5.4 (Technical Regulations), mutatis mutandis, with a view to avoiding unnecessary obstacles to trade and ensuring transparency and non- discrimination.
2. In line with Article 5.1.2 of the TBT Agreement, when an importing Party requires positive assurance of conformity with its applicable technical regulations or standards, its conformity assessment procedures shall neither be stricter nor applied more strictly than necessary to give that Party adequate confidence that products conform with its applicable technical regulations or standards, taking account of the risks non-conformity would create.
3. 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 territory of the other Party's territory. For example, including:
(a) the importing Party may rely Party's reliance 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 agreements on mutual acceptance 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 regulationsregulations conducted by bodies located in the territory of the other Party;
(c) use of accreditation to qualify conformity assessment bodies located in the territory of either Party;
(d) a Party may adopt accreditation procedures for qualifying government designation of conformity assessment bodies, including bodies located in the territory of the other Party;
(e) unilateral recognition by a Party may designate of the results of conformity assessment procedures conducted in the territory of the other Party;
(f) voluntary arrangements between conformity assessment bodies located in the territory of the other either Party; and
(fg) a Party may facilitate use of regional and international multilateral recognition agreements and arrangements to which the consideration Parties are party.
4. Having regard in particular to the considerations referred to in paragraph 3, the Parties shall:
(a) intensify their exchange 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 the mechanism referred to in paragraph 3 and other on similar mechanisms with a view to facilitating the acceptance of conformity assessment results.;
2. Where a Party does not accept the results of a (b) exchange information on conformity assessment procedure conducted procedures and, in particular, on the territory criteria used to select appro- priate conformity assessment procedures for specific products;
(c) consider a supplier's declaration of conformity as one of the other Party, it shall, on request assurances 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, domestic law;
(d) consider arrangements 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 mutual acceptance of the results of conformity assessment procedures conducted according to the procedure set out in paragraph 5;
(e) exchange information on accreditation policy and to consider how to best make use of international standards for accreditation and of international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation and the International Accreditation Forum;
(f) consider joining or, as applicable, to encourage their testing, inspection and certification bodies to join any operative international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results;
(g) ensure that economic operators have a choice amongst conformity assessment facilities designated by the authorities to perform the tasks required by domestic law to assure compliance;
(h) endeavour to use accreditation to qualify conformity assessment bodies; and
(i) ensure independence of, and absence of conflict of interest between, accreditation bodies in and conformity assessment bodies.
5. Upon request from a Party, the other Party's territory, Party may decide to enter into consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should provide relevant information on how the sectoral initiative would facilitate trade. If the other Party declines that request it shall, on request of that other Partyupon request, explain the reasons for provide its decisionreasons.
6. The Parties willaffirm their obligations under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the conformity of like products of domestic origin or originating in any other country, if they so agreetaking into account communication, give further consideration with respect to this matter transportation and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purposeother costs arising from differences between location of facilities of the applicant and the conformity assessment body.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise Further to paragraph 4 of Article 5 of the TBT Agreement, each Party shall ensure that central government bodies use relevant international standards or their relevant parts as a basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards or relevant parts are inappropriate for the Party concerned, for, inter alia, such reasons as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems.
2. Each Party recognises the importance of accepting the results of conformity assessment procedures conducted in another Party with a view to increasing efficiency, avoiding duplication, and ensuring cost effectiveness of conformity assessments.
3. Each Party shall ensure, whenever possible, that results of conformity assessment procedures in another Party are accepted, even when those procedures differ from its own, unless those procedures do not offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.
4. A Party shall, on request of another Party, explain its reasons for not accepting the results of a conformity assessment procedure conducted in the other Party.
5. Each Party recognises that, depending on the situation of the Party and the specific sectors involved, 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 another Party's territory. For exampleSuch mechanisms may include:
(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 mutual recognition agreements 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 territoryParties concerned;
(b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the Parties concerned;
(c) the use of accreditation to qualify conformity assessment bodies, including through negotiation relevant multilateral agreements or arrangements, to recognise the accreditation granted by other Parties;
(d) the designation of agreements conformity assessment bodies in another Party;
(e) unilateral recognition by a sector nominated by that other Party of results of conformity assessment procedures conducted in another Party; and
(f) manufacturer's or supplier's declaration of conformity.
6. The Upon reasonable request, the Parties concerned shall exchange information or share experiences on these the mechanisms referred to in paragraph 5, including their development and other similar mechanisms application, with a view to facilitating the acceptance of the results of conformity assessment procedures.
7. The Parties recognise the important role that relevant international, including regional, organisations can play in cooperation in the area of conformity assessment. In this regard, each Party shall take into consideration the participation status or membership in such organisations of relevant bodies in the Parties in facilitating this cooperation.
8. The Parties agree to encourage cooperation between their relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment resultsresults between Parties.
29. Each Party shall, whenever possible, permit the participation of conformity assessment bodies in another Party in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in the Party.
10. Where a Party permits participation of its conformity assessment bodies and does not accept the results permit participation of a conformity assessment procedure conducted bodies in the territory of the other Partyanother Party in its conformity assessment procedures, it shall, on request of that other Party, explain the reasons reason for its refusal 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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Regional Comprehensive Economic Partnership Agreement
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists exist to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For exampleprocedures, including:
(a) the importing Party may rely Party's reliance 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 agreements on mutual acceptance 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 regulationsregulations conducted by bodies located in the territory of the other Party;
(c) use of accreditation procedures to qualify conformity assessment bodies;
(d) a Party may adopt accreditation procedures for qualifying government designation of conformity assessment bodies, including bodies located in the territory of the other Party;
(e) unilateral recognition by 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 (f) voluntary arrangements between conformity assessment bodies in the territory respective territories of each Party; and
(g) use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties.
2. Having regard in particular to those considerations, the Parties shall:
(a) intensify their exchange of information on these and other mechanisms with a view to facilitating the acceptance of conformity assessment results;
(b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the other TBT Agreement, require that conformity assessment procedures are not more strict or applied more strictly than necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create;
(c) exchange information on terms no less favourable than those it accords accreditation policy and consider how to make the best use of international standards for accreditation and international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accreditation Forum; and
(d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them.
3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in its territoryrelation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.
4. Upon request by either Party, the Parties may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party accredits, approves, licenses, or otherwise recognises declines such 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 request from the other Party, it shall, on request of that other Partyupon request, explain the reasons for its decisionreasons.
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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance in a Party's ’s territory of the results of conformity assessment procedures conducted in the other Party's ’s territory. For example:
(a) the importing Party may rely on a supplier's ’s declaration of conformity;
(b) conformity assessment bodies located in each Party's ’s territory may enter into voluntary arrangements to accept the results of each other's ’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 ’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 ’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 ’s territory, it shall, on request of that other Party, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise 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. For example:
results, including: (a) the importing Party may rely Party's reliance on a supplier's declaration of conformity;
; (b) voluntary arrangements between conformity assessment bodies located in from each Party's territory may enter into voluntary arrangements to accept the results of each other's assessment procedures;
territory; (c) a Party may agree with the other Party to accept agreements on mutual acceptance of the results or certification 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 specified regulations conducted by bodies located in the territory of the other Party; and
(d) accreditation procedures for qualifying conformity assessment bodies; (e) government designation of conformity assessment bodies; and (f) a recognition by one Party may facilitate the consideration of a request by the other Party to recognise the results of conformity assessment procedures conducted by bodies performed in the other Party's territory, including through negotiation of agreements in territory on a unilateral basis for a sector nominated by that other Party.
2. The To this end, the Parties shall intensify their exchange of information on these and other similar the variety of mechanisms with a view to facilitating facilitate the acceptance of conformity assessment resultsresults or certification.
23. Each Party shall give positive consideration to accept the results of conformity assessment procedures carried out in the other Party. Where a Party does not accept the results of a conformity assessment procedure conducted performed in the territory of the other Party, it shall, on request of that the other Party, explain the reasons for its decision.
3reasons. 4. Each Party shall accredit, approve, license, or otherwise recognise recognize 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 If a Party accredits, approves, licenses, or otherwise recognises recognizes a body assessing conformity with a specific particular technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Partyrequest, explain the reasons for its decisionrefusal.
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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise that a broad range of mechanisms exists exist to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For exampleresults, including:
(a) the importing Party may rely Party’s reliance on a supplier's ’s declaration of conformity;
(b) voluntary arrangements between conformity assessment bodies located in from each Party's territory may enter into voluntary arrangements to accept the results of each other's assessment procedures’s territory;
(c) a Party may agree with the other Party to accept agreements on mutual acceptance of the results or certification 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 specified regulations conducted by bodies located in the territory of the other Party;
(d) accreditation procedures for qualifying conformity assessment bodies;
(e) a Party may designate government designation of conformity assessment bodies located in the territory of the other Partybodies; and
(f) a recognition by one Party may facilitate the consideration of a request by the other Party to recognise the results of conformity assessment procedures conducted by bodies performed in the other Party's territory, including through negotiation of agreements in ’s territory on a unilateral basis for a sector nominated by that other Party.
2. To this end, the Parties shall intensify their exchange of information on the variety of mechanisms to facilitate the acceptance of conformity assessment results or certification.
3. The Parties shall exchange information on these seek to ensure that conformity assessment procedures applied between the Parties facilitate trade by ensuring that they are no more restrictive than necessary to provide an importing Party with confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create.
4. Before accepting the results of a conformity assessment procedure, and other similar mechanisms with a view to facilitating acceptance enhance confidence in the continued reliability of each other’s conformity assessment results, the Parties may consult on such matters as the technical competence of the conformity assessment bodies involved, as appropriate.
25. Where a A Party does shall, on the request of the other Party, explain its reasons for not accept accepting the results of a conformity assessment procedure conducted performed in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision.
36. 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 If a Party accredits, approves, licenses, or otherwise recognises a body assessing conformity with a specific particular technical regulation or standard in its territory and it 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 Partyrequest, explain the reasons for its decisionrefusal.
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, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Economic Partnership Agreement
Conformity Assessment Procedures. 1. The Parties recognise that shall seek to use, on a case by case basis, 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 Area of the other Party's territory. For example, including:
(a) the importing Party may rely on a supplier's declaration promoting recognition of conformitycooperative arrangements between accreditation agencies located in each other’s Area;
(b) conformity assessment bodies located in each Party's territory may enter into voluntary arrangements to accept implementing unilateral recognition by one Party of the results of each other's assessment proceduresconformity assessments performed in the other Party’s Area;
(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 implementing mutual recognition of conformity assessment procedures conducted by bodies located in the respective Areas of the Parties;
(d) recognising accreditation procedures of the other Party for qualifying conformity assessment bodies in that Party’s Area;
(e) recognising the other Party’s designation of conformity assessment bodies;
(f) utilising relevant regional and international multilateral recognition agreements and arrangements; and
(g) accepting the declaration of conformity by a supplier in the other Party's territory, including through negotiation of agreements in a sector nominated by that other Party’s Area.
2. The Parties shall intensify their exchange of information on these the mechanisms set out in Paragraph 1 and other similar mechanisms with a view to facilitating the acceptance of conformity assessment procedures and 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 The Parties shall seek to ensure that conformity assessment procedures applied between them facilitate trade by ensuring that they are no more restrictive than is necessary to provide the importing Party shall accreditwith adequate confidence that products conform with the applicable technical regulations, approve, license, taking into account the risk that non-conformity would create.
4. A Party may accredit or otherwise recognise conformity assessment bodies in the territory Area of the other Party on Party. The terms of accreditation or recognition shall be no less favourable than those it accords to conformity assessment bodies in its territoryArea. Where If a Party accredits, approves, licenses, accredits or otherwise recognises a body assessing conformity with a specific particular technical regulation or standard in its territory and that Party refuses to accredit, approve, license, accredit or otherwise recognise a body of the other Party assessing conformity with that technical regulation or standard in standard, it shall, at the territory request of the other Party, it shall, on request of that other Party, explain give the reasons for its decisionrefusal.
45. Where a To enhance confidence in the continued reliability of each other’s conformity assessment results, the Parties may consult, as appropriate, on matters such as the technical competence of conformity assessment bodies in the other Party.
6. A Party declines shall, at the request of the other Party, give the reasons why it has not accepted the results of any conformity assessment procedure performed in the Area of the other Party.
7. Each Party shall give positive consideration to a request from by the other Party to engage in negotiations or negotiate and conclude an agreement on facilitating arrangements to facilitate recognition in its territory of the results of conformity assessment procedures conducted by bodies located in the other Party's territory. Where a Party declines such a request, it shall, on at the request of that the other Party, explain the give its reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purposedoing so.
Appears in 1 contract
Samples: Economic Partnership Agreement
Conformity Assessment Procedures. 1. The Parties recognise Further to paragraph 4 of Article 5 of the TBT Agreement, each Party shall ensure that central government bodies use relevant international standards or their relevant parts as a broad range basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards or relevant parts are inappropriate for the Party concerned, for, inter alia, such reasons as national security requirements; the prevention of mechanisms exists to facilitate deceptive practices; protection of human health or safety, animal or plant life or health, or the acceptance in a Party's territory environment; fundamental climatic or other geographical factors; and fundamental technological or infrastructural problems.
2. Each Party recognises the importance of accepting 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 territory 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 with a view to accept the increasing efficiency, avoiding duplication, and ensuring cost effectiveness of conformity assessments.
3. Each Party shall ensure, whenever possible, that 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 are accepted, even when those 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 differ from its own, provided that it is satisfied that those procedures offer an assurance 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 applicable technical regulations or standards equivalent to facilitating acceptance of conformity assessment resultsits own procedures.
24. 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 the other Party, explain the reasons for its decision.
35. Each Party shall accreditrecognises that, approvedepending on the situation of the Party and the specific sectors involved, license, or otherwise recognise a broad range of mechanisms exists to facilitate the acceptance of the results of 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 procedures conducted in the territory of the other Party. Such mechanisms may include:
(a) mutual recognition agreements for the results of conformity assessment procedures conducted by bodies in the Parties;
(b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the Parties;
(c) the use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements, to recognise the accreditation granted by the other Party;
(d) the government designation of conformity assessment bodies, including bodies located in the territory of the other Party;
(e) unilateral recognition by a Party of results of conformity assessment procedures conducted in the other Party; and
(f) manufacturer's or supplier's declaration of conformity.
6. Upon reasonable request, the Parties concerned shall exchange information or share experiences on the mechanisms referred to in paragraph 5, including their development and application, with a view to facilitating the acceptance of the results of conformity assessment procedures.
7. The Parties agree to encourage cooperation between their relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment results between the Parties.
8. Further to paragraph 4 of Article 6 of the TBT Agreement, where a Party permits participation of its conformity assessment bodies and does not permit participation of conformity assessment bodies in the other Party in its conformity assessment procedures, it shallis encouraged, on request of that the other Party, to explain the reasons reason for its refusal decision.
49. Where a Party declines a request from the other Party to engage in negotiations or conclude an for the conclusion of agreement on facilitating for the mutual recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's Partyâs territory, it shall, on request of that the other Party, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment Procedures. 1. The Parties recognise 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. 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;
(db) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party's territory;
(ec) a Party may designate conformity assessment bodies located in the territory of the other Party; and's territory;
(fd) a Party may facilitate the consideration of a request by the other Party to recognise recognize the results of conformity assessment procedures conducted by bodies in the other Party's territory, including through negotiation ;
(e) conformity assessment bodies located in each of agreements in the Parties' territories may enter into voluntary arrangements to accept the results of each other's assessment procedures; and
(f) the importing Party may rely on a sector nominated by that other Partysupplier's declaration of conformity. The Parties shall intensify their exchange of information on these and other similar mechanisms with a view to facilitating the 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 the other Party, explain the reasons for its decision.
3. Each Party shall accredit, approve, license, or otherwise recognise recognize conformity assessment bodies in the territory of the other Party on terms no less favourable favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognises recognizes a body assessing conformity with a specific technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that the other Party, explain the reasons for its decision.
4. Where A Party that accredits, approves, licenses, or otherwise recognizes conformity assessment bodies shall do so on the basis of criteria published by the Party for determining whether a conformity assessment body is competent to receive accreditation, approval, licensing or other recognition.
5. Each Party declines a request from shall take steps to implement Phase II of the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment (1998) with respect to the other Party to engage in negotiations or conclude an agreement on facilitating recognition as soon as possible. No later than one year after the date this Agreement enters into force, Korea will publish notice of the changes in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, legislation that it shall, on request of that other Party, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect proposes to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purposemake to implement Phase II.
Appears in 1 contract
Samples: Free Trade Agreement