Common use of Marking and Labelling Clause in Contracts

Marking and Labelling. 1. When a Party requires mandatory marking or labelling of products: (a) permanent marking or labelling shall be required only when the information is relevant for consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements; (b) additional information on the packing or packaging of the product by means of non-permanent labels may be required, when necessary to ensure market surveillance by the competent authorities; (c) in relation to the information referred to in subparagraph (b), when reviewing the applicable rules, such Party shall examine the possibility of requiring that information to be provided by other means; (d) 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 shall not require the approval, registration or certification of labels or markings as a precondition for sale on their respective markets. This subparagraph is without prejudice to measures adopted by a Party pursuant to its domestic rules to verify the compliance of labels with the mandatory requirements, and measures taken to control practices which may mislead consumers; (e) when a Party requires the use of an identification number by the economic operator, this shall be issued without undue delay; (f) provided it is not misleading, contradictory or confusing in relation to the information required in the country of destination of the goods, such Party shall allow: (i) information in other languages in addition to the language required in the country of destination of the goods; (ii) international nomenclatures, pictogrammes, symbols or graphics; and (iii) information additional to that required in the country of destination of the goods; (g) when the legitimate objectives established in the TBT Agreement are not compromised, such Party shall endeavour to accept non-permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being printed on or physically adhered to the product. 2. When a Party requires marking or labelling of textiles, clothing or footwear, such Party: (a) may only require the following information to be permanently marked or labelled: (i) in the case of textiles and clothing: fibre content, country of origin, safety instructions for specific uses and care instructions; and (ii) in the case of footwear: the predominant materials of the main parts, safety instructions for specific uses and country of origin; (b) shall not establish: (i) requirements regarding the physical characteristics or design of a label without prejudice to any measures such Party takes to protect consumers from misleading advertising; (ii) an obligation to permanently label garments which, due to their size, makes this either difficult or diminishes their value; and (iii) for goods sold in pairs, an obligation to label both parts when these are of the same material and design. 3. The Parties shall apply this Article at the latest one year from the entry into force of this Agreement.

Marking and Labelling. 1. When a Party requires mandatory marking or labelling of products: : (a) permanent marking or labelling shall be required only when the information is relevant for consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements; ; (b) additional information on the packing or packaging of the product by means of non-permanent labels may be required, when necessary to ensure market surveillance by the competent authorities; ; (c) in relation to the information referred to in subparagraph (b), when reviewing the applicable rules, such Party shall examine the possibility of requiring that information to be provided by other means; ; (d) 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 shall not require the approval, registration or certification of labels or markings as a precondition for sale on their respective markets. This subparagraph is without prejudice to measures adopted by a Party pursuant to its domestic rules to verify the compliance of labels with the mandatory requirements, and measures taken to control practices which may mislead consumers; ; (e) when a Party requires the use of an identification number by the economic operator, this shall be issued without undue delay; ; (f) provided it is not misleading, contradictory or confusing in relation to the information required in the country of destination of the goods, such Party shall allow: : (i) information in other languages in addition to the language required in the country of destination of the goods; ; (ii) international nomenclatures, pictogrammespictograms, symbols or graphics; and and (iii) information additional to that required in the country of destination of the goods; ; (g) when the legitimate objectives established in the TBT Agreement are not compromised, such Party shall endeavour to accept non-permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being printed on or physically adhered to the product. . 2. When a Party requires marking or labelling of textiles, clothing or footwear, such Party: : (a) may only require the following information to be permanently marked or labelled: : (i) in the case of textiles and clothing: fibre content, country of origin, safety instructions for specific uses and care instructions; and and (ii) in the case of footwear: the predominant materials of the main parts, safety instructions for specific uses and country of origin; ; (b) shall not establish: : (i) requirements regarding the physical characteristics or design of a label without prejudice to any measures such Party takes to protect consumers from misleading advertising; ; (ii) an obligation to permanently label garments which, due to their size, makes this either difficult or diminishes their value; and and (iii) for goods sold in pairs, an obligation to label both parts when these are of the same material and design. 3. The Parties shall apply this Article at the latest one year from the entry into force of this Agreement.

Marking and Labelling. 1. When a Party requires mandatory marking or labelling of products: (a) permanent marking or labelling shall be required only when the information is relevant for consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements; (b) additional information on the packing or packaging of the product by means of non-permanent labels may be required, when necessary to ensure market surveillance by the competent authorities; (c) in relation to the information referred to in subparagraph (b), when reviewing the applicable rules, such Party shall examine the possibility of requiring that information to be provided by other means; (d) 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 shall not require the approval, registration or certification of labels or markings as a precondition for sale on their respective markets. This subparagraph is without prejudice to measures adopted by a Party pursuant to its domestic rules to verify the compliance of labels with the mandatory requirements, and measures taken to control practices which may mislead consumers; (e) when a Party requires the use of an identification number by the economic operator, this shall be issued without undue delay; (f) provided it is not misleading, contradictory or confusing in relation to the information required in the country of destination of the goods, such Party shall allow: (i) information in other languages in addition to the language required in the country of destination of the goods; (ii) international nomenclatures, pictogrammespictograms, symbols or graphics; and (iii) information additional to that required in the country of destination of the goods; (g) when the legitimate objectives established in the TBT Agreement are not compromised, such Party shall endeavour to accept non-permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being printed on or physically adhered to the product. 2. When a Party requires marking or labelling of textiles, clothing or footwear, such Party: (a) may only require the following information to be permanently marked or labelled: (i) in the case of textiles and clothing: fibre content, country of origin, safety instructions for specific uses and care instructions; and (ii) in the case of footwear: the predominant materials of the main parts, safety instructions for specific uses and country of origin; (b) shall not establish: (i) requirements regarding the physical characteristics or design of a label without prejudice to any measures such Party takes to protect consumers from misleading advertising; (ii) an obligation to permanently label garments which, due to their size, makes this either difficult or diminishes their value; and (iii) for goods sold in pairs, an obligation to label both parts when these are of the same material and design. 3. The Parties shall apply this Article at the latest one year from the entry into force of this Agreement.

Marking and Labelling. 1. When a Party requires mandatory marking or labelling of products: (a) permanent marking or labelling shall be required only when the information is relevant for consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements; (b) additional information on the packing or packaging of the product by means of non-permanent labels may be required, when necessary to ensure market surveillance by the competent authorities; (c) in relation to the information referred to in subparagraph (b), when reviewing the applicable rules, such Party shall examine the possibility of requiring that information to be provided by other means; (d) 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 shall not require the approval, registration or certification of labels or markings as a precondition for sale on their respective markets. This subparagraph is without prejudice to measures adopted by a Party pursuant to its domestic rules to verify the compliance of labels with the mandatory requirements, and measures taken to control practices which may mislead consumers; (e) when a Party requires the use of an identification number by the economic operator, this shall be issued without undue delay; (f) provided it is not misleading, contradictory or confusing in relation to the information required in the country of destination desti­ nation of the goods, such Party shall allow: (i) information in other languages in addition to the language required in the country of destination of the goods; (ii) international nomenclatures, pictogrammespictograms, symbols or graphics; and (iii) information additional to that required in the country of destination of the goods; (g) when the legitimate objectives established in the TBT Agreement are not compromised, such Party shall endeavour to accept non-permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being printed on or physically adhered to the product. 2. When a Party requires marking or labelling of textiles, clothing or footwear, such Party: (a) may only require the following information to be permanently perma­ nently marked or labelled: (i) in the case of textiles and clothing: fibre content, country of origin, safety instructions for specific uses and care instructions; and (ii) in the case of footwear: the predominant materials of the main parts, safety instructions for specific uses and country of origin; (b) shall not establish: (i) requirements regarding the physical characteristics or design of a label without prejudice to any measures such Party takes to protect consumers from misleading advertising; (ii) an obligation to permanently label garments which, due to their size, makes this either difficult or diminishes their value; and (iii) for goods sold in pairs, an obligation to label both parts when these are of the same material and design. 3. The Parties shall apply this Article at the latest one year from the entry into force of this Agreement.

Marking and Labelling. 1. When a Party requires mandatory marking or labelling of products: (a) permanent marking or labelling shall be required only when the information is relevant for consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements; (b) additional information on the packing or packaging of the product by means of non-permanent labels may be required, when necessary to ensure market surveillance by the competent authorities; (c) in relation to the information referred to in subparagraph (b), when reviewing the applicable rules, such Party shall examine the possibility possi­ bility of requiring that information to be provided by other means; (d) 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 shall not require the approval, registration or certification of labels or markings as a precondition for sale on their respective markets. This subparagraph is without prejudice to measures adopted by a Party pursuant to its domestic rules to verify the compliance of labels with the mandatory requirements, and measures taken to control practices which may mislead consumers; (e) when a Party requires the use of an identification number by the economic operator, this shall be issued without undue delay; (f) provided it is not misleading, contradictory or confusing in relation to the information required in the country of destination of the goods, such Party shall allow: (i) information in other languages in addition to the language required in the country of destination of the goods; (ii) international nomenclatures, pictogrammespictograms, symbols or graphics; and (iii) information additional to that required in the country of destination desti­ nation of the goods; (g) when the legitimate objectives established in the TBT Agreement are not compromised, such Party shall endeavour to accept non-non- permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being printed on or physically adhered to the product. 2. When a Party requires marking or labelling of textiles, clothing or footwear, such Party: (a) may only require the following information to be permanently marked or labelled: (i) in the case of textiles and clothing: fibre content, country of origin, safety instructions for specific uses and care instructions; and (ii) in the case of footwear: the predominant materials of the main parts, safety instructions for specific uses and country of origin; (b) shall not establish: (i) requirements regarding the physical characteristics or design of a label without prejudice to any measures such Party takes to protect consumers from misleading advertising; (ii) an obligation to permanently label garments which, due to their size, makes this either difficult or diminishes their value; andand‌ (iii) for goods sold in pairs, an obligation to label both parts when these are of the same material and design. 3. The Parties shall apply this Article at the latest one year from the entry into force of this Agreement.