Common use of Conformity Assessment Procedures Clause in Contracts

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 assessment procedure of the modified good is limited to what is necessary to determine that the good continues to conform to the technical regulation or standard; and (i) there is a procedure in place to review complaints concerning the operation of a conformity assessment procedure and that corrective action is taken when a complaint is justified. 3. Each Party 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. 4. Each Party shall, wherever possible, accept the results of the conformity assessment procedures conducted in the territory of the other Party, provided that the procedure offers a satisfactory assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory, the results of which it accepts, and that the relevant good complies with the applicable technical regulation or standard adopted or maintained in that Party's territory. 5. Prior to accepting the results of a conformity assessment procedure pursuant to paragraph 4, and in order to enhance confidence in the permanent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved, including verified compliance with relevant international standards through means such as accreditation. 6. Recognizing that it should be to the mutual advantage of the Parties, each Party shall accredit, approve, or otherwise recognize conformity assessment bodies in the territory of the other Party, on terms no less favorable than those accorded to conformity assessment bodies in its territory.

Conformity Assessment Procedures. 1. Conformity assessment procedures of the Parties shall be prepared, adopted and applied so as to grant access for goods and services originating in a manner that provides access to similar goods of the territory of the other Party on terms under conditions no less favorable favourable than those granted accorded to similar goods suppliers of like good or service of the Party or any other country of a non-Party in a comparable positionsituation. 2. Each Party shall, with With respect to its conformity assessment procedures, each Party shall ensure that: (a) such procedures are initiated and completed as expeditiously as possible and possible, in a non-non- discriminatory order; (b) the normal processing period for each one of such procedures procedure is published or the estimated anticipated processing period is communicated to the applicant upon request; (c) when receiving an application, the competent body or authority: (i) upon receipt of an application, authority promptly examines the completeness of the documentation and informs the applicant in a precise and complete manner of any deficiency; (ii) all deficiencies; the competent body transmits to the applicant as soon as possible the results of the assessment in a precise and complete manner, manner to the applicant so that the applicant corrective action may take any necessary corrective action; (iii) be taken if necessary; even if when the application is deficienthas deficiencies, the competent body proceeds as far as practicable with the conformity assessment if the applicant so requested by the applicantrequests; and (iv) informs the applicantand that, on upon request, the applicant is informed of the status stage of the application and the reasons for procedure, with any delaydelay being explained; (d) it limits the information the applicant is required to supply requirements are limited to what is necessary to conduct the assess conformity assessment procedure and to determine appropriate fees; (e) the confidential nature confidentiality of information about a good or service originating in the territory of the other Party arising from, from or supplied in connection with such conformity assessment procedures for a good of the other Party is respected in the same way as for a domestic good or service and in such a manner as the treatment accorded to a good of that Party, so as to protect legitimate commercial interestsinterests are protected; (f) any fee it imposes fees imposed for conducting assessing the conformity assessment procedure of a good or service originating in the territory of the other Party is no higher than is are equitable in relation to any such fee imposed fees chargeable for assessing the conformity of like goods or services of that Partynational origin, taking into account communication, transportation and other related costs derived arising from differences between the different locations location of the facilities of the applicant and those of the conformity assessment body; (g) the location siting of facilities at which used in conformity assessment procedures and sampling the selection procedures of samples are conducted does not such as to cause unnecessary inconvenience to the applicant applicants or its their agents; (h) whenever the specifications for of a good or service are modified changed subsequent to a the determination that the good conforms of its conformity to the applicable technical regulation regulations or standardstandards, the conformity assessment procedure of for the modified good or service is limited to what is necessary to determine whether adequate confidence exists that the good continues to conform to or service still meets the technical regulation regulations or standardstandards concerned; and (i) there is a procedure in place exists to review complaints concerning the operation of a conformity assessment procedure and that to take corrective action is taken when a complaint is justified. 3. Each To facilitate trade, a Party shall give positive sympathetic consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. 4. Each Party shall, wherever possibleas far as practicable, accept the results of the conformity assessment procedures conducted in the territory of the other Party, provided that the procedure offers a they offer satisfactory assuranceguarantees, equivalent to that those provided by a procedure it conducts or a procedure conducted the procedures carried out by the accepting Party in its territory, the territory or which are carried out in its territory and whose results of which it accepts, and that the relevant pertinent good complies with or service conforms to the applicable technical regulation or standard adopted or maintained in the territory of that Party's territory. 5. Prior to Before accepting the results of a conformity assessment procedure pursuant to procedure, as provided in paragraph 4, and in order to enhance confidence in with the permanent aim of enhancing the sustained reliability of each one the results of the conformity assessment resultsof each Party, the Parties may consult on matters aspects such as the technical competence capacity of the conformity assessment bodies involvedbodies, including verified compliance conformity with relevant international standards through means methods such as accreditation. 6. Recognizing that it this should be to the mutual advantage of the Parties, each Party shall accredit, approve, approve or otherwise recognize the conformity assessment bodies in the territory of the other Party, on terms Party under conditions no less favorable favourable than those accorded it accords to conformity assessment such bodies in its territory.

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-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 assessment procedure of the modified good is limited to what is necessary to determine that the good continues to conform to the technical regulation or standard; and (i) there is a procedure in place to review complaints concerning the operation of a conformity assessment procedure and that corrective action is taken when a complaint is justified. 3. Each Party 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. 4. Each Party shall, wherever possible, accept the results of the conformity assessment procedures conducted in the territory of the other Party, provided that the procedure offers a satisfactory assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory, the results of which it accepts, and that the relevant good complies with the applicable technical regulation or standard adopted or maintained in that Party's territory. 5. Prior to accepting the results of a conformity assessment procedure pursuant to paragraph 4, and in order to enhance confidence in the permanent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved, including verified compliance with relevant international standards through means such as accreditation. 6. Recognizing that it should be to the mutual advantage of the Parties, each Party shall accredit, approve, or otherwise recognize conformity assessment bodies in the territory of the other Party, on terms no less favorable than those accorded to conformity assessment bodies in its territory.

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 t o 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 assessment procedure of the modified good is limited to t o what is necessary to determine that the good continues to conform to the technical regulation or standard; and (i) there is a procedure in place to review complaints concerning the operation of a conformity assessment procedure and that corrective action is taken when a complaint is justified. 3. Each Party shall give positive consideration to a request by the other Party to t o negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. 4. Each Party shall, wherever possible, accept the results of the conformity assessment procedures conducted in the territory of the other Party, provided that the procedure offers a satisfactory assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory, the results of which it accepts, and that the relevant good complies with the applicable technical regulation or standard adopted or maintained in that Party's territory. 5. Prior to accepting the results of a conformity assessment procedure pursuant to t o paragraph 4, and in order to enhance confidence in the permanent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved, including verified compliance with relevant international standards through means such as accreditation. 6. Recognizing that it should be to the mutual advantage of the Parties, each Party shall accredit, approve, or otherwise recognize conformity assessment bodies in the territory of the other Party, on terms no less favorable than those accorded to conformity assessment bodies in its territory.

Conformity Assessment Procedures. 1. Conformity assessment procedures of the Parties shall be prepared, adopted and applied so as to grant access for goods and services originating in a manner that provides access to similar goods of the territory of the other Party on terms under conditions no less favorable favourable than those granted accorded to similar goods suppliers of like good or service of the Party or any other country of a non-Party in a comparable positionsituation. 2. Each Party shall, with With respect to its conformity assessment procedures, each Party shall ensure that: (a) such procedures are initiated and completed as expeditiously as possible and possible, in a non-discriminatory order; (b) the normal processing period for each one of such procedures procedure is published or the estimated anticipated processing period is communicated to the applicant upon request; (c) when receiving an application, the competent body or authority: (i) upon receipt of an application, authority promptly examines the completeness of the documentation and informs the applicant in a precise and complete manner of any deficiency; (ii) all deficiencies; the competent body transmits to the applicant as soon as possible the results of the assessment in a precise and complete manner, manner to the applicant so that the applicant corrective action may take any necessary corrective action; (iii) be taken if necessary; even if when the application is deficienthas deficiencies, the competent body proceeds as far as practicable with the conformity assessment if the applicant so requested by the applicantrequests; and (iv) informs the applicantand that, on upon request, the applicant is informed of the status stage of the application and the reasons for procedure, with any delaydelay being explained; (d) it limits the information the applicant is required to supply requirements are limited to what is necessary to conduct the assess conformity assessment procedure and to determine appropriate fees; (e) the confidential nature confidentiality of information about a good or service originating in the territory of the other Party arising from, from or supplied in connection with such conformity assessment procedures for a good of the other Party is respected in the same way as for adomestic good or service and in such a manner as the treatment accorded to a good of that Party, so as to protect legitimate commercial interestsinterests are protected; (f) any fee it imposes fees imposed for conducting assessing the conformity assessment procedure of a good or service originating in the territory of the other Party is no higher than is are equitable in relation to any such fee imposed fees chargeable for assessing the conformity of like goods or services of that Partynational origin, taking into account communication, transportation and other related costs derived arising from differences between the different locations location of the facilities of the applicant and those of the conformity assessment body; (g) the location siting of facilities at which used in conformity assessment procedures and sampling the selection procedures of samples are conducted does not such as to cause unnecessary inconvenience to the applicant applicants or its their agents; (h) whenever the specifications for of a good or service are modified changed subsequent to a the determination that the good conforms of its conformity to the applicable technical regulation regulations or standardstandards, the conformity assessment procedure of for the modified good or service is limited to what is necessary to determine whether adequate confidence exists that the good continues to conform to or service still meets the technical regulation regulations or standardstandards concerned; and (i) there is a procedure in place exists to review complaints concerning the operation of a conformity assessment procedure and that to take corrective action is taken when a complaint is justified. 3. Each To facilitate trade, a Party shall give positive sympathetic consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. 4. Each Party shall, wherever possibleas far as practicable, accept the results of the conformity assessment procedures conducted in the territory of the other Party, provided that the procedure offers a they offer satisfactory assuranceguarantees, equivalent to that those provided by a procedure it conducts or a procedure conducted the procedures carried out by the accepting Party in its territory, the territory or which are carried out in its territory and whose results of which it accepts, and that the relevant pertinent good complies with or service conforms to the applicable technical regulation or standard adopted or maintained in the territory of that Party's territory. 5. Prior to Before accepting the results of a conformity assessment procedure pursuant to procedure, as provided in paragraph 4, and in order to enhance confidence in with the permanent aim of enhancing the sustained reliability of each one the results of the conformity assessment resultsof each Party, the Parties may consult on matters aspects such as the technical competence capacity of the conformity assessment bodies involvedbodies, including verified compliance conformity with relevant international standards through means methods such as accreditation. 6. Recognizing that it this should be to the mutual advantage of the Parties, each Party shall accredit, approve, approve or otherwise recognize the conformity assessment bodies in the territory of the other Party, on terms Party under conditions no less favorable favourable than those accorded it accords to conformity assessment such bodies in its territory.