Conformity Assessment. 1. The Parties recognise the desirability of achieving mutual recognition of their conformity assessment systems, including bodies accredited by the entity concerned to facilitate trade in goods and services between them and undertake to work towards the achievement of this objective. 2. In addition to paragraph 1, and recognizing the existence of differences in their conformity assessment procedures in their respective territories, the Parties shall make compatible with the highest possible degree of their respective systems and conformity assessment procedures, so that they are mutually recognisable pursuant to this chapter. 3. For the mutual benefit of the Parties and reciprocally, each party through the competent institutions: a) assess and recognize the national accreditation system of the other Party; and b) credit, approve, license or recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those granted to such bodies in its territory. 4. Each Party shall give sympathetic consideration to applications submitted by the other party to negotiate agreements for the mutual recognition of the results of conformity assessment procedures of that Party. 5. When required to carry out any procedure of conformity assessment, each Party shall have the obligation to: a) Not adopt or maintain more stringent procedures for assessment of conformity and not to apply stricter than necessary to ensure that the good or service conforms to the technical standards or applicable regulations, taking into account the risk that non-conformity would create. b) Initiate and complete the procedure as expeditiously as possible; c) Establish a non-discriminatory order for the processing of applications; d) Publish the normal period of each procedure or communicate, at the request of the applicant, the approximate duration of the procedure; e) Ensure that the competent body: i) Upon receipt of a request, consider promptly make the documentation is complete and informs the applicant in a precise and complete manner of any deficiency; ii) As soon as practicable the applicant to transmit the results of the conformity assessment procedure in a complete and precise so that the applicant may carry out any corrective action; iii) Where the application is inadequate, the procedure where possible, if the applicant so requests; and iv) Report of the applicant at the request of the status of the application and the reasons for any delay; f) Limited to what is necessary, and in accordance with its applicable legislation, the applicant must submit information to assess conformity and to determine the relevant rights; g) Accord confidential information from the procedure or that are present in relation to: i) The same treatment as the information concerning a product or service; and ii) In any case, treatment to protect the legitimate commercial interests of the applicant; h) Ensure that the amount of any right to raise for assessing the conformity of a good or service that is exported from the other party, not more than any right to raise for assessing the conformity of a good or service National identical or similar, taking into consideration the costs of communication, transportation and other related costs; i) Ensure that the location of facilities which are carried out at conformity assessment procedures do not cause unnecessary inconvenience to an applicant or his representative; j) Where possible, ensure that the procedure is conducted by that installation and, where appropriate, a xxxx of conformity; k) Limiting the procedure for a good or service that has been amended as a result of a determination of the conformity assessment, to that necessary to determine that the good or service is complying with applicable technical standards or regulations; and l) A reasonable limit any requirement regarding samples of a good and ensure that the selection of samples does not cause unnecessary inconvenience to an applicant or his representative, in accordance with the procedures adopted at international level and sampling.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Conformity Assessment. 1. The Parties recognise the desirability of achieving mutual recognition of their Each Party shall develop, adopt, and apply conformity assessment systemsprocedures to accord access to like goods from the territory of the other Party under conditions no less favorable than those accorded to its like goods or to those of any other country, including bodies accredited by the entity concerned to facilitate trade in goods and services between them and undertake to work towards the achievement of this objectivea comparable situation.
2. In addition With regard to paragraph 1, and recognizing the existence of differences in their conformity assessment procedures in their respective territories, the Parties shall make compatible with the highest possible degree of their respective systems and its conformity assessment 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 they 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 mutually recognisable pursuant modified after the determination of its conformity with technical regulations or applicable standards, limit the conformity assessment procedure for the modified good to this chapterthe 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. For 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 benefit recognition of the Parties and reciprocallyresults of their respective conformity assessment procedures.
4. To the extent practicable, each party through Party shall accept the competent institutions:
a) assess and recognize results of conformity assessment procedures carried out in the national accreditation system territory of the other Party; and, 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 Party.
b) credit5. Before accepting the results of a conformity assessment procedure under paragraph 4 and with the aim of strengthening the sustained reliability of the results of conformity assessment of each Party, approvethe Parties may consult about matters such as the technical capacity of conformity assessment bodies, license including the verified compliance with relevant international standards through means such as accreditation.
6. Each Party, recognizing that the outcome shall be to the mutual advantage of both Parties, shall accredit, approve or recognize conformity assessment bodies in the territory of the other Party on terms Party, in conditions no less favorable than those granted accorded to such conformity assessment bodies in its territory.
47. Each Party shall give sympathetic consideration to applications submitted by The Parties may use the other party to negotiate agreements for the mutual recognition capacity and technical infrastructure of the results of conformity assessment procedures of that Party.
5. When required to carry out any procedure of conformity assessment, each Party shall have accredited bodies established in the obligation to:
a) Not adopt or maintain more stringent procedures for assessment of conformity and not to apply stricter than necessary to ensure that the good or service conforms to the technical standards or applicable regulations, taking into account the risk that non-conformity would create.
b) Initiate and complete the procedure as expeditiously as possible;
c) Establish a non-discriminatory order for the processing of applications;
d) Publish the normal period of each procedure or communicate, at the request territory of the applicant, the approximate duration of the procedure;
e) Ensure that the competent body:
i) Upon receipt of a request, consider promptly make the documentation is complete and informs the applicant Parties in a precise and complete manner of any deficiency;
ii) As soon as practicable the applicant to transmit the results of the conformity assessment procedure in a complete and precise so that the applicant may carry out any corrective action;
iii) Where the application is inadequate, the procedure where possible, if the applicant so requests; and
iv) Report of the applicant at the request of the status of the application and the reasons for any delay;
f) Limited to what is necessary, and in accordance with its applicable legislation, the applicant must submit information to assess conformity and to determine the relevant rights;
g) Accord confidential information from the procedure or that are present in relation to:
i) The same treatment as the information concerning a product or service; and
ii) In any case, treatment to protect the legitimate commercial interests of the applicant;
h) Ensure that the amount of any right to raise for assessing the conformity of a good or service that is exported from the other party, not more than any right to raise for assessing the conformity of a good or service National identical or similar, taking into consideration the costs of communication, transportation and other related costs;
i) Ensure that the location of facilities which are carried out at conformity assessment procedures do not cause unnecessary inconvenience to an applicant or his representative;
j) Where possible, ensure that the procedure is conducted by that installation and, where appropriate, a xxxx of conformity;
k) Limiting the procedure for a good or service that has been amended as a result of a determination of the conformity assessment, to that necessary to determine that the good or service is complying with applicable technical standards or regulations; and
l) A reasonable limit any requirement regarding samples of a good and ensure that the selection of samples does not cause unnecessary inconvenience to an applicant or his representative, in accordance with the procedures adopted at international level and samplingprocedures.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Conformity Assessment. 1. The Parties recognise the desirability of achieving mutual recognition of their conformity assessment systemsshall, including bodies accredited by the entity concerned further to facilitate trade in goods and services between them and undertake to work towards the achievement of this objective.
2. In addition to paragraph 1, Article 906 and recognizing the existence of substantial differences in their the structure, organization and operation of conformity assessment procedures in their respective territories, the Parties shall make compatible with those procedures to the highest possible degree of their respective systems and conformity assessment procedures, so that they are mutually recognisable pursuant to this chaptergreatest extent practicable.
32. For Recognizing that it should be to the mutual benefit advantage of the Parties concerned and reciprocallyexcept as set out in Annex 908.2, each party through the competent institutions:
a) assess and recognize the national accreditation system of the other Party; and
b) creditParty shall accredit, approve, license or otherwise recognize conformity assessment bodies in the territory of the other another Party on terms no less favorable than those granted accorded to such conformity assessment bodies in its territory.
43. Each Party shall give sympathetic consideration shall, with respect to applications submitted by the other party to negotiate agreements for the mutual recognition of the results of its conformity assessment procedures of that Party.
5. When required to carry out any procedure of conformity assessment, each Party shall have the obligation toprocedures:
(a) Not not adopt or maintain any such procedure that is stricter, nor apply the procedure more stringent procedures for assessment of conformity and not to apply stricter strictly, than necessary to ensure give it confidence that the a good or a service conforms to the with an applicable technical standards regulation or applicable regulationsstandard, taking into account the risk risks that non-conformity would create.;
(b) Initiate initiate and complete the procedure as expeditiously as possible;
(c) Establish a in accordance with Article 904(3), undertake processing of applications in non-discriminatory order for the processing of applicationsorder;
(d) Publish publish the normal processing period of for each such procedure or communicate, at communicate the request of the applicant, the approximate duration of the procedureanticipated processing period to an applicant on request;
(e) Ensure ensure that the competent body:
(i) Upon on receipt of a requestan application, consider promptly make examines the completeness of the documentation is complete and informs the applicant in a precise and complete manner of any deficiency;,
(ii) As transmits to the applicant as soon as practicable the applicant to transmit possible the results of the conformity assessment procedure in a form that is precise and complete and precise so that the applicant may carry out take any necessary corrective action;,
(iii) Where where the application is inadequatedeficient, proceeds as far as practicable with the procedure where possible, if the applicant so requests; , and
(iv) Report of informs the applicant at the request applicant, on request, of the status of the application and the reasons for any delay;
(f) Limited to what is necessary, and in accordance with its applicable legislation, limit the information the applicant must submit information is required to assess conformity supply to that necessary to conduct the procedure and to determine the relevant rightsappropriate fees;
(g) Accord accord confidential or proprietary information from arising from, or supplied in connection with, the conduct of the procedure for a good of another Party or that are present in relation to:for a service provided by a person of another Party
(i) The the same treatment as that for a good of the information concerning Party or a product or service; service provided by a person of the Party, and
(ii) In in any caseevent, treatment to protect the that protects an applicant's legitimate commercial interests of to the applicantextent provided under the Party's law;
(h) Ensure ensure that any fee it imposes for conducting the amount procedure is no higher for a good of another Party or a service provider of another Party than is equitable in relation to any such fee imposed for its like goods or service providers or for like goods or service providers of any right to raise for assessing the conformity of a good or service that is exported from the other party, not more than any right to raise for assessing the conformity of a good or service National identical or similarcountry, taking into consideration the costs of account communication, transportation and other related costs;
(i) Ensure ensure that the location of facilities at which are carried out at a conformity assessment procedures do procedure is conducted does not cause unnecessary inconvenience to an applicant or his representativeits agent;
(j) Where possiblelimit the procedure, ensure that the procedure is conducted by that installation and, where appropriate, a xxxx of conformity;
k) Limiting the procedure for a good or service that has been amended as a result of modified subsequent to a determination of that the conformity assessmentgood or service conforms to the applicable technical regulation or standard, to that necessary to determine that the good or service is complying with applicable continues to conform to the technical standards regulation or regulationsstandard; and
l(k) A reasonable limit any requirement regarding samples of a good to that which is reasonable, and ensure that the selection of samples does not cause unnecessary inconvenience to an applicant or his representativeits agent.
4. Each Party shall apply, with such modifications as may be necessary, the relevant provisions of paragraph 3 to its approval procedures.
5. Each Party shall, on request of another Party, take such reasonable measures as may be available to it to facilitate access in accordance with its territory for conformity assessment activities.
6. Each Party shall give sympathetic consideration to a request by another Party to negotiate agreements for the procedures adopted at international level and samplingmutual recognition of the results of that other Party's conformity assessment procedures.
Appears in 2 contracts
Samples: North American Free Trade Agreement, North American Free Trade Agreement
Conformity Assessment. 1. The Parties recognise the desirability of achieving mutual recognition of their conformity assessment systemsEach Party shall develop, including bodies accredited by the entity concerned to facilitate trade in goods adopt and services between them and undertake to work towards the achievement of this objective.
2. In addition to paragraph 1, and recognizing the existence of differences in their apply conformity assessment procedures in their respective territories, the Parties shall make compatible with the highest possible degree of their respective systems and conformity assessment procedures, so that they are mutually recognisable pursuant to this chapter.
3. For the mutual benefit of the Parties and reciprocally, each party through the competent institutions:
a) assess and recognize the national accreditation system of the other Party; and
b) credit, approve, license or recognize conformity assessment bodies in accord access to like goods from the territory of the other Party on terms under conditions no less favorable than those granted accorded to its like goods or to those of any other country, in a comparable situation. 2. With regard to its conformity assessment 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 bodies 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 territory.
4conformity 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. Each 3. With the aim of advancing the facilitation of trade, a Party shall give sympathetic consideration to applications submitted by consider favorable a request from the other party Party to negotiate initiate negotiations designed to conclude agreements for the mutual recognition of the results of their respective conformity assessment procedures of that Partyprocedures.
5. When required to carry out any procedure of conformity assessment, each Party shall have the obligation to:
a) Not adopt or maintain more stringent procedures for assessment of conformity and not to apply stricter than necessary to ensure that the good or service conforms to the technical standards or applicable regulations, taking into account the risk that non-conformity would create.
b) Initiate and complete the procedure as expeditiously as possible;
c) Establish a non-discriminatory order for the processing of applications;
d) Publish the normal period of each procedure or communicate, at the request of the applicant, the approximate duration of the procedure;
e) Ensure that the competent body:
i) Upon receipt of a request, consider promptly make the documentation is complete and informs the applicant in a precise and complete manner of any deficiency;
ii) As soon as practicable the applicant to transmit the results of the conformity assessment procedure in a complete and precise so that the applicant may carry out any corrective action;
iii) Where the application is inadequate, the procedure where possible, if the applicant so requests; and
iv) Report of the applicant at the request of the status of the application and the reasons for any delay;
f) Limited to what is necessary, and in accordance with its applicable legislation, the applicant must submit information to assess conformity and to determine the relevant rights;
g) Accord confidential information from the procedure or that are present in relation to:
i) The same treatment as the information concerning a product or service; and
ii) In any case, treatment to protect the legitimate commercial interests of the applicant;
h) Ensure that the amount of any right to raise for assessing the conformity of a good or service that is exported from the other party, not more than any right to raise for assessing the conformity of a good or service National identical or similar, taking into consideration the costs of communication, transportation and other related costs;
i) Ensure that the location of facilities which are carried out at conformity assessment procedures do not cause unnecessary inconvenience to an applicant or his representative;
j) Where possible, ensure that the procedure is conducted by that installation and, where appropriate, a xxxx of conformity;
k) Limiting the procedure for a good or service that has been amended as a result of a determination of the conformity assessment, to that necessary to determine that the good or service is complying with applicable technical standards or regulations; and
l) A reasonable limit any requirement regarding samples of a good and ensure that the selection of samples does not cause unnecessary inconvenience to an applicant or his representative, in accordance with the procedures adopted at international level and sampling.
Appears in 1 contract
Samples: Free Trade Agreement
Conformity Assessment. 1. The Parties recognise the desirability of achieving mutual recognition of their conformity assessment systems, including bodies accredited by the entity concerned to facilitate trade in goods and services between them and undertake to work towards the achievement of this objective.
2. In addition to paragraph 1, and recognizing the existence of Recognising that there are differences in their the conformity assessment procedures in of their respective territories, the Parties shall make compatible shall, to the greatest extent possible and in accordance with international standards and with the highest possible degree provisions of this Chapter, make their respective systems and conformity assessment proceduresprocedures compatible.
2. Each Party recognises that there is a wide range of mechanisms facilitating the acceptance of conformity assessment results carried out in other Parties, so that they are mutually recognisable pursuant including:
(a) Voluntary agreements between the Parties' conformity assessment bodies;
(b) Agreements on the mutual acceptance of the results of the conformity assessment processes with regards to this chapterspecific technical regulations, carried out by local bodies in the other Parties' territories;
(c) Accreditation processes to certify conformity assessment bodies;
(d) Government approval or appointment of conformity assessment bodies;
(e) Recognition of the results of conformity assessment bodies in the other Parties' territories; and
(f) Acceptance by the importing Party of the supplier's declaration of conformity.
3. For the mutual benefit The Parties shall intensify their exchange of information in relation to these and similar mechanisms in order to facilitate acceptance of the Parties and reciprocally, each party through results of the competent institutions:conformity assessment.
a) assess and recognize 4. If one Party does not accept the national accreditation system results of the conformity assessment procedures carried out in the other Party; and's territory, it must, on the request of this other Party, explain the reasons for its decision so that the actions necessary to correct it may be taken.
b) credit5. Each Party shall accredit, approve, license authorise or recognize recognise the conformity assessment bodies in the other Parties' territories, with terms no less favourable than those granted to the same in its own territory. When, despite proceeding in this manner, a Party refuses to accredit, approve, authorise or recognise a body charged with carrying out the assessment of a specific technical regulation in the territory of the other Party on terms no less favorable than those granted to Parties, it must, upon request, explain the reasons for its refusal so that such bodies in its territorycorrective steps as may be required may be taken.
46. Each Party The Parties shall give sympathetic consideration to applications submitted by the other party to negotiate agreements consider favourably negotiation or Mutual Recognition Agreements for the mutual recognition of the results of their respective conformity assessment procedures carried out by bodies in the territories of that Partythe other Parties. If any of the Parties refuses to begin these negotiations it must, upon request, explain the reasons for its decision.
57. When required to carry out any procedure With the aim of conformity assessment, each Party shall have the obligation to:
a) Not adopt or maintain more stringent procedures for assessment of conformity and not to apply stricter than necessary to ensure that the good or service conforms to the technical standards or applicable regulations, taking into account the risk that non-conformity would create.
b) Initiate and complete the procedure as expeditiously as possible;
c) Establish a non-discriminatory order for the processing of applications;
d) Publish the normal period of each procedure or communicate, at the request of the applicant, the approximate duration of the procedure;
e) Ensure that the competent body:
i) Upon receipt of a request, consider promptly make the documentation is complete and informs the applicant building mutual trust in a precise and complete manner of any deficiency;
ii) As soon as practicable the applicant to transmit the results of the conformity assessment procedure in a complete and precise so that the applicant may carry out any corrective action;
iii) Where the application is inadequateassessment, the procedure where possible, if the applicant so requests; and
iv) Report of the applicant at the Parties may request of the status of the application and the reasons for any delay;
f) Limited to what is necessary, and in accordance with its applicable legislation, the applicant must submit information to assess conformity and to determine the relevant rights;
g) Accord confidential information from the procedure or that are present in relation to:
i) The same treatment on aspects such as the information concerning a product or service; and
ii) In any case, treatment to protect the legitimate commercial interests of the applicant;
h) Ensure that the amount of any right to raise for assessing the conformity of a good or service that is exported from the other party, not more than any right to raise for assessing the conformity of a good or service National identical or similar, taking into consideration the costs of communication, transportation and other related costs;
i) Ensure that the location of facilities which are carried out at conformity assessment procedures do not cause unnecessary inconvenience to an applicant or his representative;
j) Where possible, ensure that the procedure is conducted by that installation and, where appropriate, a xxxx of conformity;
k) Limiting the procedure for a good or service that has been amended as a result of a determination technical competence of the conformity assessment, to that necessary to determine that the good or service is complying with applicable technical standards or regulations; and
l) A reasonable limit any requirement regarding samples of a good and ensure that the selection of samples does not cause unnecessary inconvenience to an applicant or his representative, in accordance with the procedures adopted at international level and samplingassessment bodies involved.
Appears in 1 contract
