Common use of Market Surveillance Clause in Contracts

Market Surveillance. 1. Nothing in this Agreement shall be construed to limit the authority of a Regulatory Authority to take all appropriate and immediate measures whenever it ascertains that a product may: (a) although correctly installed, maintained and used for its intended purpose, compromise the health and/or safety of the crew, the passengers or, where applicable, other persons, or adversely affect the marine environment; (b) not meet the legislative, regulatory, or administrative provisions within the scope of the Agreement; or (c) otherwise fail to satisfy a requirement within the scope of the Agreement. Such measures may include withdrawing the products from the market, prohibiting their placement on the market, restricting their free movement, initiating a product recall, and preventing the recurrence of such problems, including through a prohibition on imports. If the Regulatory Authority takes such action, it shall inform the other Party no later than fifteen days after taking such action, providing its reasons for such action. 2. Nothing in this Agreement shall prevent the Parties from removing products from the market that do not in fact conform to a Party's technical regulations. 3. The Parties agree that any applicable border inspections and checks of products which have been certified, labelled or marked as conforming with the importing Party's requirements specified in Annex I shall be completed as expeditiously as possible. With regard to any inspections related to internal movement within their respective territories, the Parties agree that these shall be completed in no less a favourable manner than for like domestic products.

Market Surveillance. 1. Nothing in this Agreement shall be construed to limit the authority of a Regulatory Authority to take all appropriate and immediate measures measures (a) whenever it ascertains that a product may:listed in Annex II may not meet its applicable technical regulations; or (ab) whenever it ascertains that a product listed in Annex II, even though it does meet its applicable technical regulations and although it is correctly installed, maintained maintained, and used for its intended purpose, may compromise the health and/or safety of the a crew, the passengers or, where applicable, other persons, or adversely affect the marine environment; (b) not meet the legislative, regulatory, or administrative provisions within the scope of the Agreement; or (c) otherwise fail to satisfy a requirement within the scope of the Agreement. Such measures may include include: withdrawing the products product from the market, prohibiting their its placement on the market, restricting their its free movement, initiating a product recall, and preventing the recurrence of such problems, including through a prohibition on imports. If the Regulatory Authority takes such action, it shall inform the other Party Side no later than fifteen days after taking such action, providing its reasons for such action. 2. Nothing in this Agreement shall be construed to prevent the Parties a Side from removing products from the market that do not in fact conform to a Partythat Side's technical regulations. 3. The Parties agree that any Any applicable border inspections and checks of products which have been certified, labelled labeled, or marked as conforming with the importing Party's requirements specified in Annex I shall be completed as expeditiously as possible. With regard to any inspections Inspections related to internal movement of such products within their respective territories, the Parties agree that these a Party’s territory shall be completed in no less a favourable favorable manner than for like domestic products.

Market Surveillance. 1. Nothing in this Agreement shall be construed to limit the authority of a Regulatory Authority to take all appropriate and immediate measures measures (a) whenever it ascertains that a product may:listed in Annex II may not meet its applicable technical regulations; or (ab) whenever it ascertains that a product listed in Annex II, even though it does meet its applicable technical regulations and although it is correctly installed, maintained maintained, and used for its intended purpose, may compromise the health and/or safety of the a crew, the passengers or, where applicable, other persons, or adversely affect the marine environment; (b) not meet the legislative, regulatory, or administrative provisions within the scope of the Agreement; or (c) otherwise fail to satisfy a requirement within the scope of the Agreement. Such measures may include include: withdrawing the products product from the market, prohibiting their its placement on the market, restricting their its free movement, initiating a product recall, and preventing the recurrence of such problems, including through a prohibition on imports. If the Regulatory Authority takes such action, it shall inform the other Party Side no later than fifteen days after taking such action, providing its reasons for such action. 2. Nothing in this Agreement shall be construed to prevent the Parties a Side from removing products from the market that do not in fact conform to a Partythat Side's technical regulations. 3. The Parties agree that any Any applicable border inspections and checks of products which have been certified, labelled labeled, or marked as conforming with the importing Party's requirements specified in Annex I shall be completed as expeditiously as possible. With regard to any inspections Inspections related to internal movement of such products within their respective territories, the Parties agree that these a Party's territory shall be completed in no less a favourable favorable manner than for like domestic products.