Common use of Conformity Assessment Clause in Contracts

Conformity Assessment. 1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment procedures and results thereby, including: (a) voluntary arrangements between conformity assessment bodies from each Party’s territory; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the other Party’s territory; (c) recognition by one Party of the results of conformity assessments performed in the other Party’s territory; (d) accreditation procedures for qualifying conformity assessment bodies and promotion of the recognition of accreditation and certification bodies under international mutual recognition arrangements; and (e) government designation of conformity assessment bodies. 2. The Parties shall intensify their exchange of information on the range of mechanisms to facilitate the acceptance of conformity assessment results. 3. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other’s conformity assessment results, the Parties may consult on such matters as the technical confidence of the conformity assessment bodies involved, as appropriate. 4. A Party shall, on the request of the other Party, explain its reasons for not accepting the results of a conformity assessment procedure performed in the other Party’s territory. 5. Where a Party declines a request from the other Party to engage in or conclude negotiations to reach agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies located in the other Party’s territory, it shall, on request, explain its reasons.