Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation; (c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes purpose is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
(e) the Party shall, in cases where it considers they consider that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-non- permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international inter- national trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international inter- national system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
(e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes purpose is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
(e) the Party shall, in cases where it considers they consider that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 1 contract
Samples: Free Trade Agreement
Marking and Labelling. 1. The Parties note For the provision purposes of this Article, and in accordance with paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements.
2. The Parties agree that, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, ensure that technical regulations should these are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under paragraph 2 of Article 2 of the TBT Agreement.
23. In particularFor the purposes of this Agreement, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary product or to fulfil a legitimate objectiveindicate the productâs conformity with the mandatory requirements;
(b) the Party may specify the form information to be provided on the label and may require compliance with certain regulatory requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided on the label or marking products in the its market unless this is deemed necessary in light of the relevant domestic regulationprevention of deceptive practices, national security requirements or the risk of the product to human health or safety, animal or plant life or health, or the environment;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) provided that it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall remain free to require that permit the following:
(i) information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either in addition to the information provided language required in the other languages shall be identical to that provided in importing Party of the specified languagegoods;
(ii) internationally-accepted nomenclatures, pictograms, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and
(iii) additional information to that required in the importing Party of the goods;
(e) in order to facilitate trade, the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised therebycompromised. thereby and where applicable, endeavour to develop processes and procedures to accept alternative forms of labelling, such as electronic labels, non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to materials packaged with the product.
4. Paragraph 3 shall apply to all products in paragraph 3 of Article 1 of the TBT Agreement in accordance with the Partiesâ laws and regulations.
Appears in 1 contract
Samples: Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of that, according to paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and they agree that that, where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, ensure that technical regulations should these are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement.
2. In particular, the The Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product or to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory requirements;
(b) the Party may specify the form information to be provided on the label and may require compliance with certain regulatory requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided products on the label or marking its market unless this is deemed necessary in the light of the relevant domestic regulationrisk of the product to human, animal or plant health or life;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall remain free to require that permit the following:
(i) information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either in addition to the information provided language required in the other languages shall be identical importing Party of the goods;
(ii) internationally-accepted nomenclatures, pictograms, symbols or graphics;
(iii) additional information to that provided required in the specified languageimporting Party of the goods;
(e) the Party shall accept that labelling, or that including re-labelling and corrections to labelling, take place, where relevant, in authorised premises (for example, in customs warehouses at the information provided point of import) in the additional language shall not constitute a deceptive statement regarding importing Party prior to the productdistribution and sale of the product as an alternative to labelling in the place of origin, unless such labelling is required to be carried out in the place of origin for reasons of public health or safety; and
(ef) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
3. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products including beverages and spirits.
Appears in 1 contract
Samples: Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT AgreementAgreement and, in particular, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements only require information which is relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product and/or to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory technical requirements;
(b) unless necessary in view of the risk of the products to human, animal or plant health or life, the environment or national safety, such Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regardof the labels or markings of products as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulationregulations;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall remain free permit the following:
i. information in other languages in addition to the language required in the importing Party of the goods;
ii. internationally-accepted nomenclatures, pictograms, symbols or graphics;
iii. additional information to that required in the importing Party of the goods;
(e) the Party shall accept that labelling, including supplementary labelling and/or corrections to labelling, take place, where relevant, in authorized premises (for example, in customs or bonded licensed warehouses at the point of import) in the importing Party prior to the distribution and sale of the product. The Party may require that the information on the marks or labels be in a specified language. Where there original labelling is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; andremoved;
(ef) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-non- permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 1 contract
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification certifi cation in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
(e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation docu mentation rather than physically attached to the product.
Appears in 1 contract
Samples: Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of that, according to paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that they agree, where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, to ensure that technical such regulations should are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should that such regulations are not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement.
2. In particular, the The Parties agree that where a Party requires the mandatory marking or labelling of products:
(a) the that Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product or are relevant to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory requirements;
(b) the that Party may specify the form information to be provided on the label, and may require compliance with certain regulatory requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided products on the label or marking its market, unless this is deemed necessary in the light of the relevant domestic regulationrisk of the product to human, animal or plant health or life;
(c) where the that Party requires the use of a unique identification number by economic operators, the that Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, that Party shall remain free permit the following to require that be used in the marking or labelling of products:
(i) information in other languages in addition to the information on in the marks or labels be in a specified language. Where there is an international system of nomenclature accepted language required by the Partiesimporting Party of the goods;
(ii) internationally-accepted nomenclatures, this may also be used. The simultaneous use of other languages shall not be prohibitedpictograms, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and
(iii) additional information to that required in the importing Party of the goods;
(e) that Party shall accept that labelling, including re-labelling and corrections to labelling, may take place, where relevant, in authorised premises (for example, in customs warehouses at the point of import) in the territory of the importing Party shallprior to the distribution and sale of the product, as an alternative to labelling in the place of origin, unless such labelling in the place of origin is required for reasons of public health or safety; and
(f) that Party shall endeavour, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
3. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products, including beverages and spirits.
Appears in 1 contract
Samples: Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-non- discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
(e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 1 contract
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.
2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
(e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-non- permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
Appears in 1 contract
Marking and Labelling. 1. The Parties note the provision of that, according to paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that they agree, where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, to ensure that technical such regulations should are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should that such regulations are not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement.
2. In particular, the The Parties agree that where a Party requires the mandatory marking or labelling of products:
(a) the that Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product or are relevant to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory requirements;
(b) the that Party may specify the form information to be provided on the label, and may require compliance with certain xxxxxx xxxx requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided products on the label or marking its market, unless this is deemed necessary in the light of the relevant domestic regulationrisk of the product to human, animal or plant health or life;
(c) where the that Party requires the use of a unique identification number by economic operators, the that Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, that Party shall remain free permit the following to require that be used in the marking or labelling of products:
(i) information in other languages in addition to the information on in the marks or labels be in a specified language. Where there is an international system of nomenclature accepted language required by the Partiesimporting Party of the goods;
(ii) internationally-accepted nomenclatures, this may also be used. The simultaneous use of other languages shall not be prohibitedpictograms, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and
(iii) additional information to that required in the importing Party of the goods;
(e) that Party shall accept that labelling, including re-labelling and corrections to labelling, may take place, where rele vant, in authorised premises (for example, in customs warehouses at the point of import) in the territory of the importing Party shallprior to the distribution and sale of the product, as an alternative to labelling in the place of origin, unless such labelling in the place of origin is required for reasons of public health or safety; and
(f) that Party shall endeavour, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
3. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products, including beverages and spirits.
Appears in 1 contract
Samples: Free Trade Agreement
Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a A technical regulation of a Party may include or deal exclusively with marking or labelling requirements. In such cases, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the relevant principles of Article 2.2 of the TBT Agreement, that Agreement apply to these technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objectiveregulations.
2. In particular, the Parties agree that where If a Party requires mandatory marking or labelling of products, it shall:
(a) to the Party shall endeavour to minimise its requirements extent possible, only require information that is relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner product or that is not more trade restrictive than necessary to fulfil a legitimate objectiveindicates that the product conforms with mandatory technical requirements;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval markings or labels of products, nor any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements unless it is necessary in view of the specific information to be provided risk of the products or the risk of the claims made on the label markings and labels to human, animal or marking in plant health or life, the light of the relevant domestic regulationenvironment or national safety;
(c) where the Party if it requires the use of a unique identification number by economic operators, the Party shall issue such a number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require provided that the marking and labelling of a product is compliant with and not misleading, contradictory or confusing as regards the regulatory requirements of the importing Party, permit (1) the following:
(i) information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either in addition to the information provided language required in the other languages shall be identical to that provided in the specified languageimporting Party;
(ii) internationally accepted nomenclatures, pictograms, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and
(iii) additional information to that required in the importing Party;
(e) accept that labelling, including supplementary labelling or corrections to labelling, take place in the Party shallterritory of the importing Party, in cases where accordance with its relevant regulations and procedures as an alternative to labelling in the exporting Party, unless such labelling is necessary in view of the legitimate objectives referred to in Article 2.2 of the TBT Agreement; and
(f) if it considers that legitimate objectives under referred to in Article 2.2 of the TBT Agreement are not compromised therebycompromised, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation documentation, rather than requiring marking or labelling to be physically attached to the product.
3. Paragraph 2 of this Article does not apply to marking or labelling of medicinal products and medical devices, as defined by a Party's laws and regulations.
(1) For greater certainty, this point refers to the importing Party.
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Samples: Free Trade Agreement