Common use of Registration and Withdrawal Clause in Contracts

Registration and Withdrawal. of Registration of Conformity Assessment Bodies (a) The Registering Authority of a Party shall register the conformity assessment bodies of the other Party in accordance with the applicable laws, regulations and administrative provisions of the former Party specified in the relevant Sectoral Annex, where the conformity assessment bodies which apply for registration fulfill the criteria for registration of the former Party set out in its applicable laws, regulations and administrative provisions specified in the relevant Sectoral Annex. (b) The Registering Authority of a Party may withdraw the registration of the conformity assessment bodies of the other Party, where the conformity assessment bodies no longer fulfill the criteria for registration of the former Party set out in its applicable laws, regulations and administrative provisions specified in the relevant Sectoral Annex. (a) For the purposes of confirming the fulfillment of the criteria for registration by conformity assessment bodies of the other Party, the Registering Authority of a Party may: (i) make inquiries by means of written questionnaires to the conformity assessment bodies of the other Party or during the visit referred to in subparagraph (ii) below; (ii) conduct visit on the premises of the conformity assessment bodies of the other Party on the condition that such other Party do not object to such visit and the conformity assessment bodies concerned give consent to such visit and, if such other Party so requests, officials of the Registering Authority of such other Party join the visit; and (iii) have its officials to accompany conformity assessment bodies of the other Party applying for registration as an observer where those bodies carry out, as part of the conformity assessment procedures, conformity assessment activities at the premises of entities of the other Party subject to such activities on the condition that such other Party do not object to such accompaniment and the entities and conformity assessment bodies concerned give consent to such accompaniment and, if such other Party so requests, officials of the Registering Authority of such other Party join the accompaniment. Note: If no objection is communicated to the Registering Authority concerned within ten (10) days or a period specified by such Registering Authority, whichever is longer, from the receipt of the request for the visit or the accompaniment, as the case may be, it shall be understood that no objection was made. (b) The Registering Authority of a Party shall immediately communicate to the other Party whenever it sends questionnaires referred to in subparagraph (a)(i) above. (c) The visit and accompaniment referred to in subparagraphs (a)(ii) and (a)(iii) above respectively shall be carried out in a manner not inconsistent with the laws and regulations of the Party where the visit and accompaniment take place. (d) The Party shall use the information obtained by its Registering Authority in connection with such inquiries, visit or accompaniment as an observer only for the purposes referred to in subparagraph (a) above. 3. The Registering Authority of a Party may withdraw the registration of the conformity assessment bodies of the other Party, where the inquiries specified in subparagraph 2(a)(i) above are not responded to without valid reasons or are responded to falsely, or the other Party object to the visit or the conformity assessment bodies concerned do not give consent referred to in subparagraph 2(a)(ii) above, or the visit specified in subparagraph 2(a)(ii) above is refused, obstructed or evaded.