Common use of Marking and Labelling Clause in Contracts

Marking and Labelling. 1. A technical regulation of a Party may include or deal exclusively with marking or labelling requirements. In such cases, the relevant principles of Article 2.2 of the TBT Agreement apply to these technical regulations. 2. If a Party requires mandatory marking or labelling of products, it shall: (a) to the extent possible, only require information that is relevant for consumers or users of the product or that indicates that the product conforms with mandatory technical requirements; (b) not require any prior approval, registration or certification of the 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 risk of the products or the risk of the claims made on the markings and labels to human, animal or plant health or life, the environment or national safety; (c) if it requires the use of a unique identification number by economic operators, issue such a number to the economic operators of the other Party without undue delay and on a non‑discriminatory basis; (d) provided the marking and labelling of a product is compliant with and not misleading, contradictory or confusing in relation to the importing Party's regulatory requirements, permit0 the following: (i) information in other languages in addition to the language required in the importing Party; (ii) internationally accepted nomenclatures, pictograms, symbols or graphics; 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 territory of the importing Party, in 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 the TBT Agreement are not compromised, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying 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.

Marking and Labelling. 1. A The Parties affirm that their technical regulation of a Party may regulations that include or deal exclusively with marking or labelling requirements. In such cases, the relevant principles of requirements shall comply with Article 2.2 2 of the TBT Agreement apply to these technical regulationsAgreement. 2. If For the purposes of this Agreement, where a Party requires mandatory marking or labelling of products, it shall: (a) the Party shall restrict its requirements only to the extent possible, only require information that is those which are relevant for consumers or consumers, users of the product product, regulatory authorities or that indicates that to indicate the product conforms product's conformity with the mandatory technical requirements; (b) not require where a Party requires, as a precondition for placing on the market, any prior approval, registration or certification of the markings or labels of products, nor any fee disbursement, as a precondition for placing on its market products that which otherwise comply with its mandatory technical requirements unless regulations, it is necessary in view shall ensure that the requests submitted by the economic operators of the risk of the products or the risk of the claims made another Party are decided without undue delay and on the markings and labels to human, animal or plant health or life, the environment or national safetya non-discriminatory basis; (c) if it where the Party requires the use of a unique identification number by economic operators, issue the Party shall ensure that such a number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non‑discriminatory non-discriminatory basis; (d) provided the marking and labelling of a product that it is compliant with and not misleading, contradictory or confusing in relation to the importing State Party's regulatory requirements, permit0 and the followinglegitimate objectives under the TBT Agreement are not compromised, the Party shall permit, in addition to such requirements: (i) information in other languages in addition to the language required in the importing Party;State Party of the goods; and (ii) internationally internationally-accepted nomenclatures, pictograms, symbols symbols, or graphics; 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 territory of the importing Party, in 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 cases where it considers that legitimate objectives under the TBT Agreement are not compromisedcompromised and where applicable: (i) shall accept that supplementary labelling, and corrections to labelling, take place, where relevant, in authorised premises (for example in customs warehouses at the point of import) in the importing State Party prior to the distribution and sale of the product as an alternative to labelling in the place of origin; and (ii) shall endeavour 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 requiring marking or labelling to be physically attached to materials packaged with 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.

Marking and Labelling. 1. A technical regulation of a Party may include or deal exclusively with marking or labelling requirements. In such cases, the relevant principles of Article 2.2 of the TBT Agreement apply to these technical regulations. 2. If a Party requires mandatory marking or labelling of products, it shall: (a) to the extent possible, only require information that is relevant for consumers or users of the product or that indicates that the product conforms with mandatory technical requirements; (b) not require any prior approval, registration or certification of the 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 risk of the products or the risk of the claims made on the markings and labels to human, animal or plant health or life, the environment or national safety; (c) if it requires the use of a unique identification number by economic operators, issue such a number to the economic operators of the other Party without undue delay and on a non‑discriminatory non-discriminatory basis; (d) provided that the marking and labelling of a product is compliant with and not misleading, contradictory or confusing in relation to as regards the regulatory requirements of the importing Party's regulatory requirements, permit0 permit (1) the following: (i) information in other languages in addition to the language required in the importing Party; (ii) internationally accepted nomenclatures, pictograms, symbols or graphics; 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 territory of the importing Party, in 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, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying 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.

Marking and Labelling. 1. A The Parties note that a technical regulation of a Party may include or deal exclusively with marking or labelling requirements. In Accordingly, if a Party develops marking or labelling requirements in the form of a technical regulation, that Party shall ensure that such casesrequirements are not prepared, adopted or applied with a view to or with the relevant principles effect of creating unnecessary obstacles to international trade and are not more trade restrictive than necessary to fulfil legitimate objectives as referred to in paragraph 2 of Article 2.2 2 of the TBT Agreement apply to these technical regulationsAgreement. 2. If In particular, the Parties agree that, if a Party requires mandatory marking or labelling of products, it shallproduct in the form of a technical regulation: (a) information required for such marking or labelling of products shall be limited to the extent possible, only require information that what is relevant for consumers or persons concerned, including consumers, users of the product or that indicates that authorities, for indicating the product conforms product's compliance with mandatory technical regulatory requirements; (b) a Party shall not require any prior approval, registration or certification of the markings or the labels of products, nor any fee disbursement, products as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements requirements, unless it is necessary in view of the risk of the products or the risk of the claims made on the markings and labels to human, animal or plant health or life, the environment or national safetyfulfil its legitimate objective; (c) if it that Party requires the use of a unique identification number by economic operatorsfor marking or labelling of products, it shall issue such a number to the economic operators of persons concerned, including the other Party manufacturer, the importer and the distributor, without undue delay and on a non‑discriminatory non-discriminatory basis; (d) provided the marking and labelling of a product that it is compliant with and not misleading, contradictory or confusing confusing, or that the Party's legitimate objectives are not compromised, the Party shall permit the following in relation to the importing Party's regulatory requirements, permit0 information required in the followingcountry of destination of the goods: (i) information in other languages in addition to the language required in the importing Partycountry of destination of the goods; (ii) internationally accepted international nomenclatures, pictograms, symbols or graphics; and (iii) additional information in addition to that required in the importing Partycountry of destination of the goods; (e) the Party shall accept that labelling, including supplementary labelling or and corrections to labelling, labelling take place in customs warehouses at the territory point of the importing Party, in accordance with its relevant regulations and procedures import as an alternative to labelling in the exporting Party, Party unless such labelling is necessary in view required to be carried out by approved persons for reasons of the legitimate objectives referred to in Article 2.2 of the TBT Agreementpublic health or safety; and (f) if the Party shall, unless it considers that legitimate objectives under the TBT Agreement are not compromisedcompromised thereby, 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.