Common use of Mutual Recognition of Conformity Assessment Clause in Contracts

Mutual Recognition of Conformity Assessment. Coverage 1 This Article shall apply to products and/or assessments of manufacturers of products, and their mandatory requirements as may be specified in the Product Chapters. General Obligations 2 Each Party recognises that the conformity assessment bodies designated by the other Party in accordance with this Article are competent to undertake the conformity assessment activities necessary to demonstrate compliance with its mandatory requirements. 3 New Zealand shall accept the results of conformity assessment activities to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by Singapore's designating authorities in accordance with this Article. 4 Singapore shall accept the results of conformity assessment activities to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by New Zealand's designating authorities in accordance with this Article. 5 This Article shall not require mutual acceptance of the mandatory requirements of each Party, or mutual recognition of the equivalence of such mandatory requirements. The Parties shall, however, give consideration to increasing the degree of harmonisation or equivalence of their mandatory requirements, where appropriate and where consistent with good regulatory practice. Where both Parties agree that the mandatory requirements are harmonised or established as equivalent, the results of conformity assessment that demonstrate compliance with the exporting Party's mandatory requirements shall be accepted as demonstrating compliance with the importing Party's mandatory requirements without the need for further conformity assessment by the importing Party to demonstrate compliance with its own mandatory requirements. 6 Each Party shall, consistent with the relevant provisions of the WTO Agreement on Technical Barriers to Trade and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, use international standards, or the relevant parts of international standards, as a basis for its mandatory requirements where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate. Designating Authorities 7 The Parties shall ensure that their designating authorities have the necessary authority to designate, monitor, suspend, remove suspension and withdraw designation of the conformity assessment bodies within their respective jurisdictions. 8 Designating authorities shall consult, as necessary, with their counterparts of the other Party to ensure the maintenance of confidence in conformity assessment processes and procedures. This consultation may include joint participation in audits related to conformity assessment activities or other assessments of designated conformity assessment bodies, where such participation is appropriate, technically possible and within reasonable cost. Designation of Conformity Assessment Bodies 9 In designating conformity assessment bodies, designating authorities shall observe the relevant stipulated requirements. 10 Designating authorities shall specify the scope of the conformity assessment activities for which a conformity assessment body has been designated. 11 Each Party shall give the other Party advance notice of at least 7 days, or such other time period as may be specified in the relevant Product Chapter, of any changes, including suspensions, to their list of designated conformity assessment bodies. 12 The results of conformity assessment activities undertaken by a designated conformity assessment body shall be valid for acceptance for the purposes of paragraphs 3 and 4 of this Article from the date its designation takes effect. 13 Designating authorities shall ensure that the conformity assessment bodies that they designate maintain the necessary technical competence to demonstrate the conformity of a product with the standards and/or specifications to meet mandatory requirements. Conformity assessment bodies of a non-Party shall be acceptable for designation by the Parties where there are no conformity assessment bodies designated in the territory of a Party and the other Party agrees to such designation. 14 Designating authorities shall exchange information concerning the procedures used to ensure that the designated conformity assessment bodies are technically competent and comply with the relevant stipulated requirements. 15 Designating authorities shall ensure that the conformity assessment bodies they designate participate in appropriate proficiency testing programmes and other comparative reviews such as non government-to- government mutual recognition agreements, so that confidence in their technical competence to undertake the required conformity assessment is maintained. Suspension and Withdrawal of Conformity Assessment Bodies 16 Each Party shall have the right to challenge a designated conformity assessment body's technical competence and compliance with the relevant stipulated requirements. This right shall be exercised only in exceptional circumstances and where supported by relevant expert analysis or evidence. A Party shall exercise this right by notifying the other Party in writing. Such notification shall be accompanied by the supporting expert analysis or evidence. 17 Except in urgent circumstances, the Parties shall, prior to a challenge under paragraph 16, enter into consultations with a view to seeking a mutually satisfactory solution. In urgent circumstances, consultations shall take place immediately after the right of challenge has been exercised. 18 The consultations referred to in paragraph 17 shall be conducted expeditiously with a view to resolving all issues and seeking a mutually satisfactory solution within the time period specified in the relevant Product Chapter. If this is not achieved, the matter shall be resolved in accordance with the provisions of Part 10. 19 The Product Chapters may provide for additional procedures, such as verification and time limits, to be followed in relation to a challenge. 20 Unless the Parties decide otherwise, the designation of the challenged designated conformity assessment body shall be suspended by the relevant designating authority for the relevant scope of designation from the time its technical competence or compliance is challenged, until either: a) the challenging Party is satisfied as to the competence and compliance of the conformity assessment body; or b) the designation of that conformity assessment body has been withdrawn. 21 The results of conformity assessment activities undertaken by a designated conformity assessment body on or before the date of its suspension or withdrawal shall remain valid for acceptance for the purposes of paragraphs 3 and 4 unless otherwise agreed by the Parties. 22 Designating authorities shall compare methods used to verify that the designated conformity assessment bodies comply with the relevant stipulated requirements.

Mutual Recognition of Conformity Assessment. Coverage 1 Scope 1. This Article shall apply to products to: (a) mandatory requirements and/or assessments of manufacturers or manufacturing processes, maintained by the Parties to fulfill their legitimate objectives and appropriate level of products, protection; and (b) the conformity assessment bodies and their mandatory requirements conformity assessment procedures for products as may be specified in the Product ChaptersSectoral Annexes. 2. General Obligations 2 Each For the purposes of this Article, a Sectoral Annex shall include inter alia: (a) provisions on scope and coverage; (b) applicable laws, regulations and administrative provisions, i.e., mandatory requirements of each Party recognises that concerning the scope and coverage; (c) applicable laws, regulations and administrative provisions of each Party stipulating the requirements covered by this Article, all the conformity assessment procedures covered by this Article to satisfy such requirements and the stipulated requirements or criteria for designation of conformity assessment bodies designated or the confirmation of the manufacturing or test facilities covered by this Article; and (d) the other list of Designating Authorities or competent authorities. Obligations 3. Each Party shall accept, in accordance with the provisions of this Article are competent to undertake Article, the results of conformity assessment activities necessary to demonstrate compliance with its procedures required by the mandatory requirementsrequirements of that Party specified in the relevant Sectoral Annex, including certificates and marks of conformity, that are conducted by the registered CABs of the other Party. 4. 3 New Zealand Korea shall accept the results of conformity assessment activities procedures to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities procedures are undertaken by conformity assessment bodies CABs designated by Singapore's designating authorities ’s Designating Authority and registered by Korea’s Designating Authority in accordance with this Article. 5. 4 Singapore shall accept the results of conformity assessment activities procedures to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities procedures are undertaken by conformity assessment bodies CABs designated by New Zealand's designating authorities Korea’s Designating Authority and registered by Singapore’s Designating Authority in accordance with this Article. 5 This Article shall not require mutual acceptance Designating Authorities 6. For the purposes of this Article, each Party shall: (a) unless otherwise provided in the mandatory requirements of each Partyrelevant Sectoral Annex, designate a single Designating Authority to designate CABs to conduct conformity assessment procedures for products traded between the Parties, whether imports or mutual recognition of exports; (b) then notify the equivalence other Party of such mandatory requirements. The Parties shall, however, give consideration to increasing designation and any subsequent changes thereof; (c) notify the degree other Party of harmonisation or equivalence of their mandatory requirements, where appropriate and where consistent with good regulatory practice. Where both Parties agree that the mandatory requirements are harmonised or established as equivalent, the results of conformity assessment that demonstrate compliance with the exporting Party's mandatory requirements shall be accepted as demonstrating compliance with the importing Party's mandatory requirements without the need for further conformity assessment by the importing Party to demonstrate compliance with any scheduled changes concerning its own mandatory requirements. 6 Each Party shall, consistent with the relevant provisions of the WTO Agreement on Technical Barriers to Trade and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, use international standards, or the relevant parts of international standards, as a basis for its mandatory requirements where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate. Designating Authorities 7 The Parties shall Authority; and (d) ensure that their designating authorities have its Designating Authority: (i) has the necessary authority power to designate, monitormonitor (including verification), suspendwithdraw the designation of, remove suspend the designation of, and lift the suspension and withdraw designation of the designation of, the CABs that conduct conformity assessment bodies procedures within their respective jurisdictions. 8 Designating authorities shall consultits territory based upon the requirements set out in the other Party’s mandatory requirements as specified in the relevant Sectoral Annex; and (ii) consults, as necessary, with their counterparts of the relevant counterpart in the other Party to ensure the maintenance of confidence in conformity assessment processes and proceduresprocedures including processes. This consultation The consultations may include joint participation in audits related to conformity assessment activities procedures or other assessments of designated conformity assessment bodiesregistered CABs, where such participation is appropriate, technically possible and within reasonable cost. Designation Registration of Conformity Assessment Bodies 9 In designating conformity assessment bodies, designating authorities CABs 7. The following procedures shall observe apply to the relevant stipulated requirements. 10 Designating authorities shall specify the scope registration of the conformity assessment activities for which a conformity assessment body has been designated. 11 Each CAB: (a) each Party shall give make a proposal that a CAB of that Party designated by its Designating Authority be registered under this Article, by presenting its proposal in writing, supported by the necessary documents, to the other Party advance notice of at least 7 days, or such and the TBT Joint Committee established in accordance with Article 8.7 (“TBT Joint Committee”); (b) the other time period as may be Party shall consider whether the proposed CAB complies with the stipulated and mandatory requirements specified in the relevant Product Chapter, of any changes, including suspensionsSectoral Annex and communicate, to their list the Party making the proposal and the TBT Joint Committee in writing, the other Party’s position regarding the registration of designated conformity assessment bodies. 12 The results that CAB along with estimated date of conformity assessment activities undertaken by a designated conformity assessment body shall be valid for acceptance for the purposes of paragraphs 3 and 4 of this Article registration within ninety (90) days from the date of receipt of the proposal referred to in paragraph (a). In such consideration, such other Party should assume that the proposed CAB complies with the aforementioned criteria. The TBT Joint Committee shall, within ninety (90) days from the date of receipt of the position of such other Party, decide whether to register the proposed CAB. Following the TBT Joint Committee’s decision, a Party’s Designating Authority shall inform the other Party about the date of registration of the proposed CAB within seven (7) days from the date of receipt of the TBT Joint Committee’s decision; and (c) In the event that the TBT Joint Committee cannot decide to register the proposed CAB, the TBT Joint Committee may decide to conduct joint verification with or request the proposing Party to conduct a verification of the proposed CAB with the prior consent of the CAB. After the completion of such verification, the TBT Joint Committee may reconsider the proposal. 8. The proposing Party shall provide the following information in its proposal for registration of a CAB and keep such information up-to-date: (a) the name and address of the CAB; (b) the products or processes the CAB is designated to assess; (c) the conformity assessment procedures the CAB is designated to conduct; and (d) the designation takes effectprocedure and necessary information used to determine the compliance of the CAB with the stipulated requirements for designation. 9. 13 Designating authorities Each Party shall ensure that its Designating Authority withdraws the conformity assessment bodies designation of its CAB registered by the Designating Authority of the other Party when its Party’s Designating Authority considers that they designate maintain the necessary technical competence to demonstrate the conformity of a product CAB no longer complies with the standards and/or specifications to meet stipulated and mandatory requirementsrequirements of the other Party set out in the relevant Sectoral Annex. Conformity assessment bodies The withdrawal of a non-Party the designation shall be acceptable for designation by notified in writing to the Parties where there are no conformity assessment bodies designated in the territory of a other Party and the other Party agrees to such designationTBT Joint Committee. 14 Designating authorities shall exchange information concerning the procedures used to ensure that the designated conformity assessment bodies are technically competent and comply with the relevant stipulated requirements. 15 Designating authorities shall ensure that the conformity assessment bodies they designate participate in appropriate proficiency testing programmes and other comparative reviews such as non government-to- government mutual recognition agreements, so that confidence in their technical competence to undertake the required conformity assessment is maintained. Suspension and Withdrawal of Conformity Assessment Bodies 16 Each Party shall have terminate the right to challenge registration of a designated conformity assessment body's technical competence and compliance CAB when the Designating Authority of the other Party withdraws the designation of its CAB. The date of termination of registration of the CAB shall be the date of receipt of notification for withdrawal from the other Party. 10. Each Party shall propose the termination of the registration of its CAB when that Party considers that the CAB no longer complies with the stipulated requirements and mandatory requirements of that Party specified in the relevant stipulated requirementsSectoral Annex. This right Proposal for terminating the registration of that CAB shall be exercised only in exceptional circumstances made to the TBT Joint Committee and where supported by relevant expert analysis or evidence. A Party shall exercise this right by notifying the other Party in writing. Such notification The registration of that CAB shall be accompanied terminated upon receipt by the supporting expert analysis or evidenceParties of the decision of the TBT Joint Committee. 11. 17 Except in urgent circumstancesIn the case of a registration of a new CAB, the Parties shall, prior to a challenge under paragraph 16, enter into consultations with a view to seeking a mutually satisfactory solutionother Party shall accept the results of conformity assessment procedures conducted by that CAB from the date of the registration. In urgent circumstances, consultations shall take place immediately after the right event that the registration of challenge has been exercised. 18 The consultations referred to in paragraph 17 shall be conducted expeditiously with a view to resolving all issues and seeking a mutually satisfactory solution within the time period specified in the relevant Product Chapter. If this CAB is not achievedterminated, the matter other Party shall be resolved in accordance with accept the provisions of Part 10. 19 The Product Chapters may provide for additional procedures, such as verification and time limits, to be followed in relation to a challenge. 20 Unless the Parties decide otherwise, the designation of the challenged designated conformity assessment body shall be suspended by the relevant designating authority for the relevant scope of designation from the time its technical competence or compliance is challenged, until either: a) the challenging Party is satisfied as to the competence and compliance results of the conformity assessment body; or b) procedures conducted by that CAB prior to the designation termination, without prejudice to paragraphs 18 and 19. 12. Each Party shall notify the other Party of that conformity assessment body has been withdrawnany scheduled changes concerning its designated CABs. 13. 21 The results Parties shall notify the general public of conformity assessment activities undertaken by the registration of CABs, on a designated conformity assessment body on or before the date of its suspension or withdrawal shall remain valid for acceptance for the purposes of paragraphs 3 and 4 unless otherwise agreed by the Parties. 22 Designating authorities shall compare methods used to verify that the designated conformity assessment bodies comply with the relevant stipulated requirementssector-by-sector basis.