Common use of Conformity Assessment Clause in Contracts

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The Parties recognize that a broad range of mechanisms exists to Article 6.4 facilitate the acceptance of the TBT Agreementresults of conformity assessment, each Party shall accord to including: (a) The importing party supplier on a declaration of conformity; (b) Voluntary arrangements between conformity assessment bodies in the territory of each party; (c) Agreements on mutual acceptance of the results of the conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of another Party treatment no less favorable than that it accords to the other party; (d) Accreditation procedures for qualifying conformity assessment bodies; (e) The designation of government bodies located in its own territory or and conformity assessment; (f) Recognition by one party of the results of conformity assessments performed in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiesparty. 2. In addition The Parties shall intensify their exchange of information on the range of mechanisms to Article 6.4 facilitate the acceptance of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires results of conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Informationassessment. 3. If In the event that a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, does not accept the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation results of the conformity assessment procedure and to take corrective action when a complaint is justifiedperformed in the territory of the other party, shall, at the request of the other party explain its reasons. 4. Each Party shall explainadopt, permit or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those accorded to conformity assessment bodies in its territory. if a Party authorizes, accredits, approves or otherwise recognises a body assessing conformity with a particular technical regulation or standard in its territory and refuses to accredit, adopt, authorise or otherwise recognize a body that assessing conformity with technical regulation or standard in the request territory of another Partythe other Party shall, upon request, explain the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontractingrefusal. 5. If Where a Party requires conformity assessment as rejects a positive assurance that a product conforms with a technical regulation request from the other party to engage in or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse conclude negotiations to accept reach agreement on facilitating recognition in its territory of the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located procedures conducted by bodies in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment servicesparty, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published andit shall, if practicableupon request, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment feeexplain its reasons. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Each Party shall accord to develop, adopt and apply conformity assessment bodies located in procedures to accord access to like goods from the territory of another the other Party treatment under conditions no less favorable than that it accords those accorded to its like goods or to those of any other country, in a comparable situation. 2. With regard to its conformity assessment bodies located procedures, each Party shall: a) initiate and complete these procedures as expeditiously as possible and on a non-discriminatory basis; b) publish the procedure and the normal period of each procedure or, upon request, to convey this information to the applicant; c) have the competent body or authority review without delay upon receipt of an application if the documentation is complete and communicate to the applicant as soon as possible and with accuracy and thoroughness the findings of the assessment, so that the applicant may take corrective measures as needed, and even when the application shows deficiencies, proceed with the conformity assessment as far as possible if requested by the applicant and, upon request, inform the applicant of the stage of the procedure and explain any possible delay; d) request only the information necessary to assess the conformity and calculate the fees; e) respect the confidentiality of the information about a good of the other Party obtained by such procedures or provided in connection with them, in the same manner as in the case of goods from the Party, so as to protect the legitimate trade interests; f) make equitable the fees imposed for assessing the conformity of a good of the other Party, compared with the fees that would be collected for assessing the conformity of a like good of this Party, taking into account communication, transportation and other costs due to differences in location of the applicant’s premises and of the conformity assessment body; g) ensure that the location of premises used in conformity assessment procedures and sampling procedures do not cause unnecessary inconvenience to applicants or their agents; h) if the specifications of a good are modified after the determination of its own territory conformity with technical regulations or applicable standards, limit the conformity assessment procedure for the modified good to the extent necessary to determine with due assurance that the good shall continue to conform to the technical regulations or applicable standards; and i) establish a procedure for reviewing the claims related to the application of a conformity assessment procedure and adopt corrective measures if the claim is justified. 3. With the aim of advancing the facilitation of trade, a Party shall consider favorable a request from the other Party to initiate negotiations designed to conclude agreements for the mutual recognition of the results of their respective conformity assessment procedures. 4. To the extent practicable each Party shall accept the results of conformity assessment procedures carried out in the territory of the other Party. Treatment under , provided that those procedures offer enough confidence, equivalent to the confidence of its own procedures and that the good meets the technical regulations or applicable standards adopted or maintained in the territory of this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiesParty. 25. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept Before accepting the results of a conformity assessment procedure conducted in under paragraph 4 and with the territory aim of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept strengthening the sustained reliability of the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another each Party, (3) provided that the subcontractors are accredited and approved in Parties may consult about matters such as the Party's territory, when required. Accreditation 6. In addition to Article 9.2 technical capacity of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competencethe verified compliance with relevant international standards through means such as accreditation. 6. Each Party, independencerecognizing that the outcome shall be to the mutual advantage of both Parties, and shall accredit, approve or recognize conformity assessment bodies in the avoidance territory of conflicts of interest. Choice of Conformity Assessmentthe other Party, in conditions no less favorable than those accorded to conformity assessment bodies in its territory. 87. The Parties recognize that may use the choice of conformity assessment procedures in relation to a specific product covered by a capacity and technical regulation or standard should include an evaluation infrastructure of the tisks involved, accredited bodies established in the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities territory of the Party. In those cases, the Party conducting Parties in the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment feeprocedures. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Each Party shall accord to prepare, adopt and apply conformity assessment bodies located procedures so as to grant access for similar goods and similar services originating in the territory of another Party treatment under conditions no less favorable favourable than that it accords those accorded to conformity assessment bodies located in its own territory suppliers of similar goods or in the territory similar services of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, Party or otherwise recognizing conformity assessment bodiesof a non-Party in a comparable situation. 2. In addition With respect to Article 6.4 of the TBT Agreement, if a Party maintains its conformity assessment procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shalleach Party shall ensure that: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies procedures are initiated and completed as expeditiously as possible, in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformitynon- discriminatory order; (b) the sequence in which a conformity assessment normal processing period for each such procedure is undertaken and completedpublished or communicated to an applicant on request; (c) how when receiving an application, the competent body or authority promptly examines the completeness of the documentation and informs the applicant in a precise and complete manner of all deficiencies; the competent body transmits as soon as possible the results of the assessment in a precise and complete manner to the applicant so that corrective action may be taken if necessary; even when the application has deficiencies, the competent body proceeds as far as practicable with the conformity assessment if the applicant so requests; and upon request, the applicant is informed of the stage of the procedure, with any delay being explained; (d) information requirements are limited to what is necessary to assess conformity and determine fees; (e) the confidentiality of information about a good or service originating in the territory of another Party ensures arising from or supplied in connection with such conformity assessment procedures is respected in the same way as for a domestic good or service and in such a manner that confidential business information legitimate commercial interests are protected; (f) any fees imposed for assessing the conformity of a good or service originating in the territory of another Party are equitable in relation to any fees chargeable for assessing the conformity of like goods or services of national origin, taking into account communication, transportation and other costs arising from differences between the location of facilities of the applicant and the conformity assessment body; (g) the siting of facilities used in conformity assessment procedures and the selection of samples are not such as to cause unnecessary inconvenience to applicants or their agents; (h) whenever specifications of a good or service are changed subsequent to the determination of its conformity to the applicable technical regulations or standards, the conformity assessment procedure for the modified good or service is protectedlimited to what is necessary to determine whether adequate confidence exists that the good or service still meets the technical regulations or standards concerned; and (di) the a procedure exists to review complaints concerning the operation of the a conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Each Party shall accord to develop, adopt and apply conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords procedures to conformity assessment bodies located in its own territory or in accord access to like goods from the territory of the other Party. Treatment Party under this paragraph includes proceduresconditions no less favourable than those accorded to its like goods or to those of any other country, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiesin a comparable situation. 2. In addition With regard to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires its conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate initiate and encourage its authorities to rely complete these procedures as expeditiously as possible and on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendereddiscriminatory basis; (b) not impose fees on an applicant publish the procedure and the normal period of another Party each procedure or, upon request, to deliver conformity assessment services, except convey this information to recover costs incurred from services renderedthe applicant; (c) make have the amounts competent body or authority review without delay upon receipt of any fees for an application if the documentation is complete and communicate to the applicant as soon as possible and with accuracy and thoroughness the findings of the assessment, so that the applicant may take corrective measures as needed, and even when the application shows deficiencies, proceed with the conformity assessment procedures publicly availableas far as possible if requested by the applicant and, upon request, inform the applicant of the stage of the procedure and explain any possible delay; (d) not apply request only the information necessary to assess the conformity and calculate the fees; (e) respect the confidentiality of the information about a new good of the other Party obtained by such procedures or modified fee provided in connection with them, in the same manner as in the case of goods from the Party, so as to protect the legitimate trade interests; (f) make equitable the fees imposed for assessing the conformity of a good of the other Party, compared with the fees that would be collected for assessing the conformity of a like good of this Party, taking into account communication, transportation and other costs due to differences in location of the applicant’ s premises and of the conformity assessment body; (g) ensure that the location of premises used in conformity assessment procedures until and sampling procedures do not cause unnecessary inconvenience to applicants or their agents; (h) if the fee and specifications of a good are modified after the method determination of its conformity with technical regulations or applicable standards, limit the conformity assessment procedure for assessing the fee are published modified good to the extent necessary to determine with due assurance that the good shall continue to conform to the technical regulations or applicable standards; and, if practicable, (i) establish a procedure for reviewing the Party has provided an opportunity for interested persons claims related to comment on the proposed introduction or modification application of a conformity assessment feeprocedure and adopt corrective measures if the claim is justified. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The provisions set out in Article 4 with respect to Article 6.4 the preparation, adoption and application of the TBT Agreementtechnical regulations shall also apply, each Party shall accord mutatis mutandis, to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standardregulation, it shall not prohibit a shall: (a) select conformity assessment procedures proportionate to the risks involved as determined on the basis of a risk-assessment; (b) consider the use of the supplier’s declaration of conformity, i.e. a declaration of conformity issued by the manufacturer on his sole responsibility and excluding mandatory third-party assessment, as assurance of conformity among the options for showing compliance with technical regulations; (c) if requested, provide information to the other Party on the criteria used to select the conformity assessment procedures for specific products. 3. If a Party requires third party conformity assessment as a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to a governmental body from using subcontractorsas specified in paragraph 4, it shall: (a) preferentially use accreditation to qualify conformity assessment bodies; (b) make best use of international standards for accreditation and conformity assessment, as well as international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF); (c) join or, as applicable, encourage their conformity assessment bodies to join any functioning international agreements or refuse to accept the results arrangements for harmonization and/or facilitation of acceptance of conformity assessment on account of results; (d) ensure that economic operators have a choice amongst the conformity assessment body using subcontractorsbodies designated by the authorities for a particular product or set of products; (e) ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies; (f) allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another the other Party, (3) provided . Nothing in this subparagraph shall be construed to prohibit a Party from requiring subcontractors to meet the same requirements that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located to which it is contracted would be required to meet in order to perform the territory contracted tests or inspection itself; and, (g) publish in a single website a list of another Party because the accreditation body bodies that accredited the it has designated to perform such conformity assessment and relevant information on the scope of each such body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity’s designation. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 94. Nothing in this Article precludes shall preclude a Party from requesting that conformity assessment procedures in relation to specific products are is performed by specified government authorities of the Party. In those such cases, the Party conducting the conformity assessment procedures shall: (a) limit any the conformity assessment fees it imposes to the approximate cost of the services rendered and upon the request of an applicant for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment servicesassessment, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) how any fees it imposes for such conformity assessment are no higher than limited in amount to the approximate cost of services rendered;; and (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from make publicly available the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationfees. 125. Paragraphs 2(b) Notwithstanding the provisions of paragraphs 2-4, the Parties shall accept Supplier’s Declaration of Conformity as proof of compliance with existing technical regulations for the fields and 5 do not apply according to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services modalities specified in the commercial maritime or civil aviation sectorsAnnex 2.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 The Parties recognize that the choice of appropriate conformity assessment procedures depends on the institutional structure and legal provisions in force in each Party, within the framework of the obligations under the TBT Agreement, each Party shall accord to . 2. The Parties recognize the existence of differences in conformity assessment bodies located procedures in their respective territories, and agree that such procedures shall not be more stringent or applied more strictly than necessary to give the territory importing Party adequate confidence that products comply with technical regulations or standards, taking into account the risks that non- compliance would create. 3. The Parties recognize that there is a wide range of another Party treatment no less favorable than mechanisms that it accords to facilitate the acceptance of conformity assessment bodies located in its own territory or results conducted in the territory of the other Party. Treatment under this paragraph includes procedures, criteriaincluding, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shallbut not limited to: (a) not require the voluntary agreements between conformity assessment body to be located within its territorybodies in the territory of the Parties; (b) not effectively require agreements on mutual acceptance of the results of conformity assessment body procedures with respect to operate an office within its territoryspecific technical regulations conducted by bodies located in the territory of the other Party; (c) accreditation procedures for qualifying conformity assessment bodies; (d) government approval or designation of conformity assessment bodies; (e) the recognition of the results of conformity assessments carried out in the territory of the other Party; and (f) the importing Party's acceptance of the supplier's declaration of conformity. 4. The Parties undertake to: (a) exchange information on different mechanisms with a view to facilitating the acceptance of conformity assessment results; (b) encourage testing, inspection and certification bodies to exchange experiences on the procedures used to assess conformity; and (c) permit conformity assessment promote the exchange of information on accreditation systems and encourage accreditation bodies to participate actively in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted international cooperative arrangements in the territory field of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment accreditation, such as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). 5. The Parties recognize that For purposes of transparency and mutual confidence, if a Party does not accept the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice results of conformity assessment procedures carried out in relation to a specific product covered by a technical regulation or standard should include an evaluation the territory of the tisks involvedother Party, it shall, at the need request of that other Party, explain the reasons for its decision. 6. Each Party shall accord to adopt procedures the subsidiaries of the other Party's conformity assessment bodies located in its territory, treatment no less favorable than that accorded to address those risksits own bodies. 7. With the objective of increasing mutual confidence in the results of conformity assessment, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that a Party may request information from the other Party on the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities competence of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for bodies involved, among others. Additionally, the Parties should consider facilitating access of technicians to their territories to demonstrate their conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee schemes and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment feesystems. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The Parties recognise that a broad range of mechanisms exist to Article 6.4 facilitate the acceptance of the TBT Agreementresults of conformity assessment procedures conducted in another Party, each Party shall accord which may contribute to increased efficiency, avoidance of duplication and cost effectiveness. These mechanisms include: (a) the importing Party’s acceptance of a supplier’s declaration of conformity; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in another Party; (c) use of accreditation procedures for qualifying conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to Party; (d) governmental designation of conformity assessment bodies located in its own territory or in the territory another Party; (e) recognition by a Party of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing results of conformity assessment bodiesprocedures conducted in another Party; (f) voluntary arrangements between conformity assessment bodies in each Party; and (g) utilising existing regional and international mutual recognition agreements of which both Parties are parties. 2. In addition Having regard to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territorythese considerations, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines Parties agree to: (a) accredit, approve, license, or otherwise recognize intensify their exchange of information on these and similar mechanisms with a view to facilitating the acceptance of conformity assessment bodyresults; (b) recognize the results from a exchange information on conformity assessment body that is a signatory to a mutual recognition arrangementprocedures, including on the selection of appropriate conformity assessment procedures; (c) accept exchange information on accreditation policy and promote the results use of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse accreditation to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of facilitate acceptance of conformity assessment results performed by a conformity assessment body located in and consider how to make best use of international standards for accreditation and international agreements involving the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing Parties’ accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, through the International Laboratory Accreditation Cooperation (ILAC) and Mutual Recognition Arrangement (MRA), or the International Accreditation Forum Forum’s (IAF) Multilateral Arrangement (MLA). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for if the Parties accept results of conformity assessment procedures until the fee and the method for assessing the fee are published andconducted in another Party’s territory, if practicable, the Party has provided an opportunity for interested persons to comment it shall be on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are terms no higher less favourable than the cost of services rendered; (b) fees for its conformity assessment procedures are calculatedconducted in its own territory; and (e) encourage accreditation bodies and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedurebodies, including requesting information from the to participate in cooperative voluntary arrangements, as a basis for acceptance of conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationresults. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The Parties recognize that a broad range of mechanisms exists to Article 6.4 facilitate the acceptance in a Party’s territory of the TBT Agreement, results of conformity assessment procedures conducted in another Party’s territory. For example: (a) the importing Party may rely on a supplier’s declaration of conformity; (b) conformity assessment bodies located in the territory of two or more Parties may enter into voluntary arrangements to accept the results of each other’s assessment procedures; (c) a Party shall accord may agree with another 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 another Party; (e) a Party treatment no less favorable than that it accords to may designate conformity assessment bodies located in its own the territory or of another Party; and (f) a Party may recognize the results of conformity assessment procedures conducted in the territory of the other another Party. Treatment under this paragraph includes procedures, criteria, fees, The Parties shall intensify their exchange of information on these and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiessimilar mechanisms. 2. In addition to Article 6.4 of the TBT Agreement, if Where a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) does not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or, it shall, on request of that other Party, explain its reasons. (d) continue negotiations for a mutual recognition agreement3. Subcontracting 5Each Party shall accredit, approve, license, or otherwise recognize conformity assessment bodies in the territories of the other Parties on terms no less favorable than those it accords to conformity assessment bodies in its territory. If Where a Party requires accredits, approves, licenses, or otherwise recognizes a body assessing conformity assessment as a positive assurance that a product conforms with a specific technical regulation or standardstandard in its territory and refuses to accredit, it shall not prohibit a conformity assessment body from using subcontractorsapprove, license, or refuse to accept the results of otherwise recognize a body assessing conformity assessment on account of the conformity assessment body using subcontractors, to perform testing with that technical regulation or inspections in relation to the conformity assessment, including subcontractors located standard in the territory of another Party, (3) provided it shall, on request of that other Party, explain the subcontractors are accredited and approved reasons for its decision. 4. Where a Party declines a request from another Party to engage in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 negotiations or conclude an agreement on facilitating recognition in its territory of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures conducted by bodies in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees Party’s territory, it shall, on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a that other Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees reasons for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationdecision. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition Recognizing the existence of differences in conformity assessment procedures in their respective territories, the Parties shall, to Article 6.4 the greatest extent possible, make conformity assessment procedures consistent with international standards and with the provisions of this Chapter. 2. The Parties recognize that there is a wide range of mechanisms that facilitate the acceptance of the TBT Agreement, each Party shall accord to results of conformity assessment conducted in the other Party's territory, including (a) Voluntary agreements between conformity assessment bodies located on the territory of both parties; (b) Agreements on acceptance of the results of conformity assessment procedures with respect to specific technical regulations, carried out by specific bodies located in the territory of another Party treatment no less favorable than that it accords to the other Party; (c) The accreditation procedures for qualifying conformity assessment bodies; (d) Governmental approval or designation of conformity assessment bodies; (e) Recognition of the results of conformity assessments carried out in the territory of the other Party, and (f) The acceptance by the importing party of the supplier's declaration of conformity. 3. The Parties will intensify their exchange of information in relation to these and similar mechanisms, in order to facilitate the acceptance of the results of conformity assessment. 4. Where a Party does not accept the results of conformity assessment procedures conducted in the territory of another Party, it shall, at the request of the latter, explain the reasons for its decision so that corrective action may be taken if necessary. 5. One Party shall consider favorably, at the request of the other, the recognition of the results of conformity assessment procedures carried out by bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating If either Party refuses to accrediting, approving, licensingenter into such negotiations, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of if it concludes that it will not recognize the TBT Agreement, if a Party maintains procedures, criteria or other conditions results as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standardrequired, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on at the request of another Party or if practicable, an applicant of another the other Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, explain the reasons for its decision. The other Party, whenever it declines to:after taking appropriate corrective action to address the reasons for non-recognition, may reiterate its request, which shall be given appropriate consideration. (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory 6. In order to a enhance mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted confidence in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment assessment, either Party may request information on account aspects such as the technical competence of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entitybodies involved. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition Recognizing that differences in conformity assessment procedures may exist among the Parties, the Parties shall endeavour to Article 6.4 make conformity assessment procedures compatible to the greatest extent possible with international standards and with the provisions of this Chapter. 2. The Parties recognize that there are different mechanisms that facilitate the acceptance in the territory of one Party of the TBT Agreement, each Party shall accord to results of conformity assessment conducted in the territory of the other Party. These mechanisms could include: (a) voluntary agreements between conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to both Parties; (b) agreements on acceptance of the results of conformity assessment procedures with respect to specific technical regulations, carried out by specific bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the accreditation procedures for qualifying conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; orgovernmental approval or designation of conformity assessment bodies, and (e) is a for-profit entityrecognition of the results of conformity assessments carried out in the territory of the other Party, and acceptance by the importing Party of the supplier's declaration of conformity, provided that both are consistent with its legal system. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF)3. The Parties recognize that shall intensify their exchange of information in relation to these and similar mechanisms to facilitate the arrangements referenced in subparagraph (b) can address considerations in approving acceptance of conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessmentresults. 84. The Parties recognize that the choice of appropriate mechanisms will depend on the institutional structure and legal provisions in place in each Party within the framework of the obligations set out in the TBT Agreement. 5. In the event that a Party does not accept the results of conformity assessment procedures carried out in relation to a specific product covered by a technical regulation or standard should include an evaluation the territory of the tisks involvedother Party, it shall, upon request of the need latter Party, explain the reasons for its decision so that corrective action may be taken if necessary. 6. A Party may, on request of the other Party, give favourable consideration to adopt procedures to address those risks, relevant scientific and technical information, incidence the recognition of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that results of conformity assessment procedures carried out by bodies located in relation to specific products are performed by specified government authorities the territory of the other Party. 7. In those casesorder to enhance mutual confidence in the results of conformity assessment, either Party may request information on aspects such as the Party conducting technical competence of the conformity assessment procedures shall:bodies involved. (a) limit any fees it imposes for 8. Each Party shall accord to subsidiaries of the other Party's conformity assessment procedures on products from the other Parties bodies located in its territory treatment no less favourable than that accorded to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver its own conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment feebodies. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The Parties recognize that a broad range of mechanisms exists to Article 6.4 facilitate the acceptance in a Party’s territory of the TBT Agreement, results of conformity assessment procedures conducted in another Party’s territory. For example: (a) the importing Party may rely on a supplier’s declaration of conformity; (b) a conformity assessment body located in the territory of a Party may enter into a voluntary arrangement with a conformity assessment body located in the territory of another Party to accept the results of each other’s assessment procedures; (c) a Party shall accord may agree with another 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 another Party; (e) a Party treatment no less favorable than that it accords to may designate conformity assessment bodies located in its own the territory or of another Party; and (f) a Party may recognize the results of conformity assessment procedures conducted in the territory of the other another Party. Treatment under this paragraph includes procedures, criteria, fees, The Parties shall intensify their exchange of information on these and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiessimilar mechanisms. 2. In addition to Article 6.4 of the TBT Agreement, if Where a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) does not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or, it shall, on request of that other Party, explain the reasons so that corrective action may be taken, if necessary. (d) continue negotiations for a mutual recognition agreement3. Subcontracting 5Each Party shall accredit, approve, license, or otherwise recognize conformity assessment bodies in the territories of the other Parties on terms no less favorable than those it accords to conformity assessment bodies in its territory. If Where a Party requires accredits, approves, licenses, or otherwise recognizes a body assessing conformity assessment as a positive assurance that a product conforms with a specific technical regulation or standardstandard in its territory and refuses to accredit, it shall not prohibit a conformity assessment body from using subcontractorsapprove, license, or refuse to accept the results of otherwise recognize a body assessing conformity assessment on account of the conformity assessment body using subcontractors, to perform testing with that technical regulation or inspections in relation to the conformity assessment, including subcontractors located standard in the territory of another Party, (3) provided it shall, on request of that other Party, explain the subcontractors are accredited and approved reasons for its decision so that corrective action may be taken, if necessary. 4. Where a Party declines a request from another Party to engage in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 negotiations or conclude an agreement on facilitating recognition in its territory of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures conducted by bodies in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees Party’s territory, it shall, on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a that other Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees reasons for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationdecision. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The provisions set out in Article X.4 (Technical Regulations) with respect to Article 6.4 the preparation, adoption and application of the TBT Agreementtechnical regulations shall also apply, each Party shall accord mutatis mutandis, to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standardregulation, it shall not prohibit a shall: (a) select conformity assessment procedures proportionate to the risks involved as determined on the basis of a risk-assessment; (b) consider the use of a supplier’s declaration of conformity, i.e. a declaration of conformity issued by the manufacturer on his sole responsibility and excluding mandatory third party assessment, as assurance of conformity among the options for showing compliance with a technical regulation; and (c) if requested, provide information to the other Party on the criteria used to select the conformity assessment procedures for specific products. 3. If a Party requires third party conformity assessment as a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to a governmental body from using subcontractorsas specified in paragraph 4, it shall: (a) preferentially use accreditation to qualify conformity assessment bodies; (b) make best use of international standards for accreditation and conformity assessment, as well as international agreements involving the Parties’ accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF); (c) join or, as applicable, encourage their conformity assessment bodies to join any functioning international agreements or refuse to accept the results arrangements for harmonization and/or facilitation of acceptance of conformity assessment on account of results; (d) ensure that economic operators have a choice amongst the conformity assessment body using subcontractorsbodies designated by the authorities for a particular product or set of products; (e) ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies; (f) allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another the other Party, (3) provided . Nothing in this subparagraph shall be construed to prohibit a Party from requiring subcontractors to meet the same requirements that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located to which it is contracted would be required to meet in order to perform the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt contracted tests or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectivesinspection itself; and (bg) consider approving or recognizing accredited publish in a single website a list of the bodies that it has designated to perform such conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, and relevant information on the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance scope of conflicts of interest. Choice of Conformity Assessmenteach such body’s designation. 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 94. Nothing in this Article precludes shall preclude a Party from requesting that conformity assessment procedures in relation to specific products are is performed by specified government authorities of the Party. In those such cases, the Party conducting the conformity assessment procedures shall: (a) limit any the conformity assessment fees it imposes to the approximate cost of the services rendered and upon the request of an applicant for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment servicesassessment, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) how any fees it imposes for such conformity assessment are no higher than limited in amount to the approximate cost of the services rendered;; and (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from make publicly available the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationfees. 125. Paragraphs 2(b) Notwithstanding the provisions of paragraphs 2 to 4, the Parties shall accept a supplier’s declaration of conformity as proof of compliance with existing technical regulations for the fields and 5 do not apply according to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services modalities specified in the commercial maritime or civil aviation sectorsAnnex [XX] (Title).

Conformity Assessment. National Treatment 1. In addition Recognizing the existence of differences in conformity assessment procedures in their respective territories, the Parties shall use their best endeavours to Article 6.4 achieve compatibility of their conformity assessment procedures in accordance with international conformity assessment standards and the TBT Agreementprovisions of this Chapter. 2. The Parties recognize that a wide range of mechanisms exist to facilitate the acceptance of conformity assessment results, each Party shall accord to including: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) voluntary recognition agreements between conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to each Party; (c) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific regulations, carried out by bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing ; (d) accreditation procedures for qualifying conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (be) not effectively require the government designation of conformity assessment body to operate an office within its territorybodies; and (cf) permit the recognition by a Party of the results of conformity assessment bodies assessments carried out in the territory of the other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information. 3. If a Party undertakes The Parties shall intensify their exchange of information on the range of mechanisms that facilitate the acceptance of conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justifiedresults. 4. Each Party shall explain, on In the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body event that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall does not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located procedures carried out in the territory of another the other Party, (3) provided that the subcontractors are accredited and approved in the Party's territoryit shall, when required. Accreditation 6. In addition to Article 9.2 on request of the TBT Agreementother Party, no explain the reasons for corrective action to be taken if necessary. 5. Each Party shall refuse to acceptaccredit, approve, approve, authorise, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of otherwise recognise conformity assessment results performed by a conformity assessment body located bodies in the territory of another the other Party because the accreditation body that accredited the on terms no less favourable than those accorded to conformity assessment body: (a) operates bodies in the territory of its territory. If a Party where there is more than one accreditation body; (b) is accredits, approves, approves, authorises, or otherwise recognises a non-governmental body; (c) is domiciled body assessing conformity with a particular technical regulation or standard in the its territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements refuses to accredit, approve, license authorise, or otherwise recognize recognise a body assessing conformity assessment bodies where effective and appropriate to fulfill with that technical regulation or standard in the territory of the other Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies , it shall, on request, explain the reasons for its technical regulations refusal so that corrective action may be taken if necessary. 6. If a Party rejects a request by the other Party to enter into or standards, by conclude negotiations to reach an accreditation body that is a signatory agreement to a mutual or multilateral facilitate the recognition arrangement, for example, in its territory of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice results of conformity assessment procedures carried out by bodies in relation to a specific product covered by a technical regulation or standard should include an evaluation the territory of the tisks involvedother Party, it shall, on request, explain the need reasons for its decision. 7. The Parties shall seek to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing ensure that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall:applied between them facilitate trade by ensuring that they are no more restrictive than necessary to provide the importing Party with confidence that products comply with the applicable technical regulations, taking into consideration the risks that non-compliance would create. (a) limit any fees it imposes for 8. In order to enhance confidence in the continued mutual reliability of conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicableresults, the Party has provided an opportunity for interested persons Parties may consult, as appropriate, with a view to comment reaching a mutually satisfactory understanding on such matters as the proposed introduction or modification technical competence of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationbodies involved. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The provisions set out in Article 52 with respect to Article 6.4 the preparation, adoption and application of the TBT Agreement, each Party technical regulations shall accord apply to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiesprocedures mutatis mutandis. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standardregulation, it shall not prohibit a select conformity assessment body from using subcontractorsprocedures (7) proportionate to the risks involved as determined on the basis of risk assessment, or refuse to accept including, where appropriate, the results use of the supplier's declaration of conformity. 3. If a Party requires third-party conformity assessment on account of the conformity assessment body using subcontractorsas a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to perform testing or inspections a government authority as specified in relation to the conformity assessmentparagraph 4, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party it shall: (a) adopt or maintain measures preferentially use accreditation to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize qualify conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; andbodies; (b) consider approving or recognizing accredited make best use of international standards for accreditation and conformity assessment bodies for its technical regulations or standardsassessment, by an as well as international agreements involving the Parties' accreditation body that is a signatory to a mutual or multilateral recognition arrangementbodies, for example, example through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize ; (c) consider joining or encourage its conformity assessment bodies to join, as applicable, any functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results; (d) ensure that economic operators have a choice amongst the arrangements referenced conformity assessment bodies accepted by the authorities of a Party for a particular product; (e) ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in subparagraph (b) can address considerations in approving general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment; 8. The Parties recognize that the choice of (f) allow conformity assessment procedures bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment; and (g) publish on a specific product covered by single website a technical regulation or standard should include an evaluation list of the tisks involved, bodies that it has designated to perform such conformity assessment and relevant information on the need scope of designation of each of those bodies. 4. Nothing in point (f) of paragraph 3 shall be construed to adopt procedures prohibit a Party from requiring subcontractors to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing meet the same requirements that the technical regulation conformity assessment body to which it is contracted would be required to meet in order to perform the contracted tests or standard has been met. Feesinspection itself. 95. Nothing in this Article precludes shall preclude a Party from requesting requiring that conformity assessment procedures in relation to specific products are be performed by specified government authorities of the Partyauthorities. In those such cases, the Party conducting the conformity assessment procedures shall: (a) limit any the conformity assessment fees it imposes to the approximate cost of the services rendered and, on the request of an applicant for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment servicesassessment, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) how any fees it imposes for such conformity assessment are no higher than limited to the approximate cost of services rendered; and (b) make publicly available the conformity assessment fees. 6. Three years after the entry into force of this Agreement, the Parties shall start discussions on the acceptance of a supplier's declaration of conformity as proof of compliance with existing technical regulations, in particular in the following fields: (a) safety aspects of electrical and electronic equipment; (b) fees for its conformity assessment procedures are calculated; and safety aspects of machinery; (c) any information it requires is necessary to calculate fees. Exceptionselectromagnetic compatibility of equipment; 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure(d) energy efficiency, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address noneco-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information.design requirements; and 12. Paragraphs 2(b(e) and 5 do not apply to any requirement a Party may have concerning restriction of the use of products, conformity assessment procedures or related services certain hazardous substances in the commercial maritime or civil aviation sectorselectrical and electronic equipment.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance The Parties recognize that a product conforms broad range of mechanisms exists to facilitate the acceptance, in a technical regulation or standardParty's territory, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes ofthe results of conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or conducted in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: for example: (a) how the information it requires is necessary to assess conformity; importing Party may rely on a supplier's declaration of conformity; (b) the sequence in which a Parties' conformity assessment procedure is undertaken and completed; bodies may enter into voluntary arrangements to accept the results of each other´s conformityassessment procedures; (c) how the Party ensures that confidential business information is protected; and a Partymayagree withthe other Partyto acceptthe results of conformity assessment procedures with respect to specific technical regulations conducted by conformity assessment bodies located inthe other Party's territory; (d) the procedure to review complaints concerning the operation of the a Party may adopt accreditation procedures for qualifying conformityassessment bodies located inthe territoryofthe other Party; (e) a Party may designate conformity assessment procedure and to take corrective action when bodies 2. If a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) does not accept the results of a conformity assessment procedure conducted in the territory of another carried out inthe territoryofthe other Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractorsshall, or refuse to accept the results of conformity assessment on account request of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another other Party, (3) provided explain its decision, so that the subcontractors are accredited and approved in the Party's territory, when requiredaffected Party maytake 3. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Each Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate in the territory of the other Party on terms no less favorable than those it accords to fulfill the Party's legitimate objectives; and (b) consider approving conformityassessment bodies in its territory. Where a Party accredits, approves, licenses or recognizing accredited otherwise recognizes a body assessing conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to with a specific product covered by a technical regulation or standard should include an evaluation of the tisks involvedin its territory and refuses to accredit, the need to adopt procedures to address those risksapprove, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing license or otherwise recognize a body assessing conformity with that the technical regulation or standard has been metin the territory of the other Party, it shall, on request of that other Party, explain the reasons for its 4. Fees 9. Nothing in this Article precludes Where a Party refuses an application from requesting the other Party to engage or conclude negotiations to reach an agreement that conformity assessment procedures facilitates the recognition in relation to specific products are performed by specified government authorities its territory of the Party. In those cases, the Party conducting results of the conformity assessment procedures shall: (a) limit any fees it imposes for conducted by conformity assessment procedures on products from bodies in the territory of the other Parties to the costs of services rendered; (b) not impose fees Party, it shall, on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a the other Party, or an applicant's request if practicableexplain its decision, a so that the other Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliancemay take corrective action. The verifying Party Parties may share information it has requested with another Partyagree to further engagements, such as by the establishment of an ad hoc working group, as provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services for in the commercial maritime or civil aviation sectors.Article 7.11 (Country

Conformity Assessment. National Treatment 1. In addition The Parties recognize that a wide range of mechanisms exist to Article 6.4 facilitate the acceptance in the territory of one Party of the TBT Agreement, each Party shall accord to results of conformity assessment procedures carried out in the territory of the other Party, for example: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) voluntary agreements between conformity assessment bodies in the territory of the Parties; (c) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific regulations, carried out by bodies located in the territory of another Party treatment no less favorable than that it accords the other Party; (d) accreditation procedures to qualify conformity assessment bodies located in its own territory or bodies; (e) the designation of conformity assessment bodies; and (f) the recognition by a Party of the results of conformity assessment procedures carried out in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, The Parties shall intensify the exchange of information in relation to these and other conditions relating similar mechanisms to accrediting, approving, licensing, or otherwise recognizing facilitate the acceptance of results of conformity assessment bodiesprocedures. 2. In addition to Article 6.4 of the TBT Agreement, if event that a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) does not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted carried out in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another other Party, (the latter shall, at the request of that other Party, explain the reasons for its decision. 3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Each Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate in the territory of the other Party on terms no less favorable than those accorded to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies in its territory. If a Party accredits, authorizes or otherwise recognizes a body assessing conformity to a specific standard or technical regulation in its territory and refuses to accredit, authorize or otherwise recognize a body assessing conformity to that same standard or technical regulation in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF)decision. 4. The Parties recognize that may enter into negotiations aimed at the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance conclusion of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation agreements on mutual recognition of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence results of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative their respective conformity assessment procedures, except when necessary following the principles of the WTO TBT Agreement. In the event that a Party does not agree to address non-compliance. The verifying Party may share information enter into such negotiations, it has requested with another shall, at the request of that other Party, provided it protects confidential informationexplain the reasons for its decision. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The provisions set out in Article 52 with respect to Article 6.4 the preparation, adoption and application of the TBT Agreement, each Party technical regulations shall accord apply to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiesprocedures mutatis mutandis. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standardregulation, it shall not prohibit a select conformity assessment body from using subcontractorsprocedures1 proportionate to the risks involved as determined on the basis of risk assessment, or refuse to accept including, where appropriate, the results use of the supplier's declaration of conformity. 3. If a Party requires third-party conformity assessment on account of the conformity assessment body using subcontractorsas a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to perform testing or inspections a government authority as specified in relation to the conformity assessmentparagraph 4, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party it shall: (a) adopt or maintain measures preferentially use accreditation to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize qualify conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; andbodies; (b) consider approving or recognizing accredited make best use of international standards for accreditation and conformity assessment bodies for its technical regulations or standardsassessment, by an as well as international agreements involving the Parties' accreditation body that is a signatory to a mutual or multilateral recognition arrangementbodies, for example, example through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize ; (c) consider joining or encourage its conformity assessment bodies to join, as applicable, any functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results; (d) ensure that economic operators have a choice amongst the arrangements referenced conformity assessment bodies accepted by the authorities of a Party for a particular product; 1 For the Kyrgyz Republic, conformity assessment procedures are established by technical regulations. (e) ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in subparagraph (b) can address considerations in approving general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment; 8. The Parties recognize that the choice of (f) allow conformity assessment procedures bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment; and (g) publish on a specific product covered by single website a technical regulation or standard should include an evaluation list of the tisks involved, bodies that it has designated to perform such conformity assessment and relevant information on the need scope of designation of each of those bodies. 4. Nothing in point (f) of paragraph 3 shall be construed to adopt procedures prohibit a Party from requiring subcontractors to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing meet the same requirements that the technical regulation conformity assessment body to which it is contracted would be required to meet in order to perform the contracted tests or standard has been met. Feesinspection itself. 95. Nothing in this Article precludes shall preclude a Party from requesting requiring that conformity assessment procedures in relation to specific products are be performed by specified government authorities of the Partyauthorities. In those such cases, the Party conducting the conformity assessment procedures shall: (a) limit any the conformity assessment fees it imposes to the approximate cost of the services rendered and, on the request of an applicant for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment servicesassessment, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) how any fees it imposes for such conformity assessment are no higher than limited to the approximate cost of services rendered; and (b) make publicly available the conformity assessment fees. 6. Three years after the entry into force of this Agreement, the Parties shall start discussions on the acceptance of a supplier's declaration of conformity as proof of compliance with existing technical regulations, in particular in the following fields: (a) safety aspects of electrical and electronic equipment; (b) fees for its conformity assessment procedures are calculated; and safety aspects of machinery; (c) any information it requires is necessary to calculate fees. Exceptionselectromagnetic compatibility of equipment; 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure(d) energy efficiency, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address noneco-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information.design requirements; and 12. Paragraphs 2(b(e) and 5 do not apply to any requirement a Party may have concerning restriction of the use of products, conformity assessment procedures or related services certain hazardous substances in the commercial maritime or civil aviation sectorselectrical and electronic equipment.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standardregulation, it shall not prohibit a shall: (a) select conformity assessment body from using subcontractorsprocedures proportionate to the risks involved; (b) accept the use of a Supplier's Declaration of Conformity (hereinafter referred to as "SDoC"), or refuse where appropriate; and (c) if requested by the other Party, explain the rationale for selecting particular conformity assessment procedures for specific products. 2. The Parties recognise that a broad range of mechanisms exist to accept facilitate the acceptance of the results of conformity assessment on account procedures. Such mechanisms may include: (a) SDoC; (b) recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party; (c) cooperative and voluntary arrangements between conformity assessment bodies located in the territories of the Parties; (d) mutual recognition agreements for the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party; (e) use of accreditation to qualify conformity assessment bodies; and (f) government designation of conformity assessment bodies. 3. If a Party requires third-party conformity assessment as a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to a governmental authority as specified in paragraph 4, it shall: (a) give preference to the use of accreditation to qualify conformity assessment bodies; (b) use international standards for accreditation and conformity assessment; (c) where practicable, use international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation ("ILAC") and the International Accreditation Forum ("IAF"); (d) encourage the use of functioning international agreements or arrangements for harmonisation, or facilitation of acceptance of conformity assessment results; (e) ensure that its rules and procedures do not unnecessarily restrict choice for economic operators amongst the conformity assessment body using subcontractorsbodies designated by its authorities for a particular product or set of products; (f) ensure that the activities of its accreditation bodies are consistent with international standards for accreditation and, in that respect, that there are no conflicts of interest between accreditation bodies and conformity assessment bodies in relation to their conformance activities, including personnel; (g) ensure that conformity assessment bodies carry out their activities in a manner that prevents conflicts of interests affecting the outcome of the assessment; (h) allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another the other Party, (3) provided . Nothing in this point shall be construed as to prohibit a Party from requiring subcontractors to meet the same requirements that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located to which it is contracted is required to meet in order to perform the territory contracted tests or inspection itself; and (i) ensure that the details, including the scope of another the designation, of the bodies that have been designated to perform such conformity assessment, are published online. 4. Nothing in this Article shall preclude a Party because the accreditation body from requiring that accredited the conformity assessment body: (a) operates in relation to specific products is performed by specified governmental authorities of the territory of Party. If a Party where there is more than one accreditation body; (b) is a non-requires conformity assessment to be performed by its specified governmental body; (c) is domiciled in the territory of a Party authorities, that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting limit the conformity assessment procedures shall: (a) limit any fees it imposes to the approximate cost of the services rendered and, upon the request of an applicant for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment servicesassessment, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) how any fees it imposes for such conformity assessment are no higher than limited to the approximate cost of services rendered;; and (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from ensure that the conformity assessment or accreditation bodyfees are available on request, if they are not published. 5. These actions shall not subject Notwithstanding paragraphs 1, 3 and 4, in the fields listed in Annex 9-A (Acceptance of conformity assessment (Documents)) in respect of which the Union accepts SDoC, New Zealand shall, if it considers non-first-party conformity assessment necessary as an assurance that a product to duplicative conforms with the requirements of New Zealand's technical regulations, accept: (a) certificates and test reports issued by conformity assessment proceduresbodies that are located in the territory of the Union and that have been accredited by an accreditation body member of the international arrangements for mutual recognition of the ILAC or the IAF, except when necessary or their successors, or that are otherwise recognised pursuant to address nonNew Zealand technical regulations; or (b) in relation to electrical safety and electromagnetic compatibility aspects, certificates and test reports that have been issued by conformity assessment bodies that are located in the territory of the Union and under the IECEE CB Scheme0. 6. SDoC is a first-complianceparty attestation of conformity issued by the manufacturer or other authorised first-party0 on their sole responsibility based on the results of an appropriate type of conformity assessment activity and excluding mandatory third-party assessment. 7. The verifying Party Parties shall cooperate in the field of mutual recognition in accordance with the Agreement on Mutual Recognition between the European Community and New Zealand, done at Wellington on 25 June 1998. The Parties may share information it has requested also decide, in accordance with another Partythe relevant provisions of that Agreement, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning extend its scope as regards to the use of products, the applicable regulatory requirements or the recognised conformity assessment procedures or related services in the commercial maritime or civil aviation sectorsbodies.

Conformity Assessment. National Treatment 1. In addition The Parties recognize that a broad range of mechanisms exists to Article 6.4 facilitate the acceptance in a Party's territory of the TBT Agreement, results of conformity assessment procedures conducted in another Party's territory. For example: (a) the importing Party may rely on a supplier's declaration of conformity; (b) a conformity assessment body located in the territory of a Party may enter into a voluntary arrangement with a conformity assessment body located in the territory of another Party to accept the results of each other's assessment procedures; (c) a Party shall accord may agree with another 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 another Party; (e) a Party treatment no less favorable than that it accords to may designate conformity assessment bodies located in its own the territory or of another Party; and (f) a Party may recognize the results of conformity assessment procedures conducted in the territory of the other another Party. Treatment under this paragraph includes procedures, criteria, fees, The Parties shall intensify their exchange of information on these and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiessimilar mechanisms. 2. In addition to Article 6.4 of the TBT Agreement, if Where a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) does not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement, it shall, on request of that other Party, explain the reasons so that corrective action may be taken, if necessary. Subcontracting 53. If Each Party shall accredit, approve, license, or otherwise recognize conformity assessment bodies in the territories of the other Parties on terms no less favorable than those it accords to conformity assessment bodies in its territory. Where a Party requires accredits, approves, licenses, or otherwise recognizes a body assessing conformity assessment as a positive assurance that a product conforms with a specific technical regulation or standardstandard in its territory and refuses to accredit, it shall not prohibit a conformity assessment body from using subcontractorsapprove, license, or refuse to accept the results of otherwise recognize a body assessing conformity assessment on account of the conformity assessment body using subcontractors, to perform testing with that technical regulation or inspections in relation to the conformity assessment, including subcontractors located standard in the territory of another Party, (3) provided it shall, on request of that other Party, explain the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies reasons for its technical regulations or standards, by an accreditation body decision so that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published andcorrective action may be taken, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment feenecessary. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition The Parties recognize that a broad range of mechanisms exists to Article 6.4 facilitate the acceptance in a Party’s territory of the TBT Agreement, 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) a conformity assessment body located in the territory of a Party may enter into a voluntary arrangement with a conformity assessment body located in the territory of the other Party to accept the results of each other’s assessment procedures; (c) a Party shall accord 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 another the other Party; (e) a Party treatment no less favorable than that it accords to may designate conformity assessment bodies located in its own the territory or of the other Party; and (f) a Party may recognize the results of conformity assessment procedures conducted in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, The Parties shall intensify their exchange of information on these and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodiessimilar mechanisms. 2. In addition to Article 6.4 of the TBT Agreement, if Where a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) does not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another the other Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractorsshall, or refuse to accept the results of conformity assessment on account request of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another other Party, (explain its reasons. 3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Each Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license license, or otherwise recognize conformity assessment bodies where effective and appropriate in the territory of the other Party on terms no less favorable than those it accords to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognizes a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve, license, or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its technical regulations decision. 4. Where a Party declines a request from the other Party to engage in negotiations or standards, by conclude an accreditation body that is a signatory to a mutual or multilateral agreement on facilitating recognition arrangement, for example, in its territory of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice results of conformity assessment procedures conducted by bodies in relation to a specific product covered by a technical regulation or standard should include an evaluation the other Party’s territory, it shall, on request of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees reasons for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential informationdecision. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standardregulation, it shall not prohibit a shall: (a) select conformity assessment body from using subcontractorsprocedures proportionate to the risks involved; (b) accept the use of a supplier's declaration of conformity (hereinafter referred to as "SDoC"), or refuse where appropriate; and (c) if requested by the other Party, explain the rationale for selecting particular conformity assessment procedures for specific products. 2. The Parties recognise that a broad range of mechanisms exist to accept facilitate the acceptance of the results of conformity assessment on account procedures. Such mechanisms may include: (a) SDoC; (b) recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party; (c) cooperative and voluntary arrangements between conformity assessment bodies located in the territories of the Parties; (d) mutual recognition agreements for the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party; (e) use of accreditation to qualify conformity assessment bodies; and (f) government designation of conformity assessment bodies. 3. If a Party requires third-party conformity assessment as a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to a governmental authority as specified in paragraph 4, it shall: (a) give preference to the use of accreditation to qualify conformity assessment bodies; (b) use international standards for accreditation and conformity assessment; (c) where practicable, use international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation (hereinafter referred to as "ILAC") and the International Accreditation Forum (hereinafter teferred to as "IAF"); (d) encourage the use of functioning international agreements or arrangements for harmonisation, or facilitation of acceptance of conformity assessment results; (e) ensure that its rules and procedures do not unnecessarily restrict choice for economic operators amongst the conformity assessment bodies designated by its authorities for a particular product or set of products; (f) ensure that the activities of its accreditation bodies are consistent with international standards for accreditation and, in that respect, that there are no conflicts of interest between accreditation bodies and conformity assessment bodies in relation to their conformity activities, including personnel; (g) ensure that conformity assessment bodies carry out their activities in a manner that prevents conflicts of interests affecting the outcome of the conformity assessment; (h) allow conformity assessment body using subcontractors, bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another the other Party, (3) provided . Nothing in this point shall be construed as to prohibit a Party from requiring subcontractors to meet the same requirements that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located to which it is contracted is required to meet in order to perform the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt contracted tests or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectivesinspection itself; and (bi) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize ensure that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodiesdetails, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation scope of the tisks involveddesignation, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those casesbodies that have been designated to perform such conformity assessment, the Party conducting the conformity assessment procedures shall: (a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered; (b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered; (c) make the amounts of any fees for conformity assessment procedures publicly available; (d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment feeonline. 10. On request of a Party, or an applicant's request if practicable, a Party shall explain how: (a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered; (b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

Conformity Assessment. National Treatment 1. In addition to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies. 2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall: (a) not require the conformity assessment body to be located within its territory; (b) not effectively require the conformity assessment body to operate an office within its territory; and (c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection. Explanations and Information 3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain: (a) how the information it requires is necessary to assess conformity; (b) the sequence in which a conformity assessment procedure is undertaken and completed; (c) how the Party ensures that confidential business information is protected; and (d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified. 4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to: (a) accredit, approve, license, or otherwise recognize a conformity assessment body; (b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement; (c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or (d) continue negotiations for a mutual recognition agreement. Subcontracting 5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required. Accreditation 6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body: (a) operates in the territory of a Party where there is more than one accreditation body; (b) is a non-governmental body; (c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7; (d) does not operate an office in the Party's territory; or (e) is a for-profit entity. 7. In addition to Article 9.1 of the TBT Agreement, each Party shall: (a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and (b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest. Choice of Conformity Assessment 8. The Parties recognize that the choice of appropriate conformity assessment procedures depends on the institutional structure and legal provisions in relation to a specific product covered by a technical regulation or standard should include an evaluation force in each Party, within the framework of the tisks involved, obligations set out in the need TBT Agreement. 2. The Parties recognize that a wide range of mechanisms exist to adopt procedures to address those risks, relevant scientific and technical information, incidence facilitate the acceptance in the territory of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met. Fees 9. Nothing in this Article precludes a Party from requesting that of the results of conformity assessment procedures conducted in relation to specific products are performed by specified government authorities the territory of the another Party. In those casesthis regard, the Party conducting the conformity assessment procedures shallParties may include: (a) limit any fees it imposes for voluntary agreements between conformity assessment procedures on products from bodies in the other Parties to territory of the costs of services renderedParties; (b) not impose fees agreements on an applicant mutual acceptance of another Party to deliver the results of conformity assessment servicesprocedures with respect to specific technical regulations, except to recover costs incurred from services renderedcarried out by bodies located in the territory of the other Party; (c) make the amounts of any fees accreditation procedures for qualifying conformity assessment procedures publicly availablebodies; (d) not apply a new governmental approval or modified fee for designation of conformity assessment procedures until bodies; (e) the fee and importing Party's acceptance of the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification supplier's declaration of a conformity assessment feeconformity. 103. On request of a Party, or an applicant's request if practicable, a Party shall explain howThe Parties undertake to: (a) any fees it imposes for such exchange information on different mechanisms with a view to facilitating the acceptance of conformity assessment are no higher than the cost of services renderedresults; (b) fees for its encourage testing, inspection and certification bodies to exchange experiences on the procedures used to assess conformity, and (c) promote the exchange of information on accreditation systems and encourage accreditation bodies to participate actively in international cooperative arrangements in the field of accreditation, such as the International Laboratory Accreditation Cooperation and the International Accreditation Forum. 4. For purposes of transparency and mutual confidence, if a Party does not accept the results of conformity assessment procedures are calculated; and (c) any information carried out in the territory of the other Party, it requires is necessary shall, on request of that other Party, explain the reasons for its decision. 5. Each Party shall accord to calculate fees. Exceptions 11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedurebodies of the other Party located in its territory treatment no less favourable than that accorded to its own conformity assessment bodies. 6. In order to enhance confidence in the continued mutual reliability of conformity assessment results, including requesting information from the Parties may consult, as appropriate, with a view to reaching a mutually satisfactory understanding on such matters as the technical competence of the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliancebodies involved. 7. The verifying Party may share information it has requested with another Party, provided it protects confidential information. 12. Paragraphs 2(b) and 5 do not apply Parties shall seek to any requirement a Party may have concerning ensure that the use of products, conformity assessment procedures or related services in applied between them facilitate trade by ensuring that they are not more restrictive as necessary to provide the commercial maritime or civil aviation sectorsimporting Party with confidence that the products comply with the applicable technical regulations, taking into consideration the risks that non-compliance would create.