Common use of Scope and Obligations Clause in Contracts

Scope and Obligations. 1. The Parties affirm with respect to each other their existing rights and obligations relating to technical regulations under the WTO Agreement on Technical Barriers to Trade and all other international agreements, including environmental and conservation agreements, to which the Parties are party. 2. Nothing in this Chapter shall prevent a Party from adopting or maintaining, in accordance with its international rights and obligations, and conditions set out in the WTO Agreement on Technical Barriers to Trade: (a) technical regulations necessary to ensure its national security requirements; and (b) technical regulations necessary for the protection of human, animal or plant life or health, or the environment, or for the prevention of deceptive practices or to fulfil other legitimate objectives, as specified in the WTO Agreement on Technical Barriers to Trade. 3. Each Party shall retain all authority under its laws to implement its technical regulations. This includes the authority to take appropriate measures for goods that do not conform to the Party's technical regulations. Such measures may include withdrawing goods from the market, prohibiting their placement on the market or restricting their free movement, initiating a product recall or prohibiting an import. 4. The Parties affirm their intention to adopt and to apply, with such modifications as may be necessary, the principles set out in the APEC Information Notes on Good Regulatory Practice in Technical Regulation with respect to conformity assessment and approval procedures in meeting their international obligations under the WTO Agreement on Technical Barriers to Trade.

Scope and Obligations. 1. The Parties affirm with respect to each other their existing rights and obligations relating to technical regulations under regulationsunder the WTO Agreement on Technical Barriers to Trade and Tradeand all other international agreements, including environmental and conservation agreements, to which the Parties are party. 2. Nothing in this Chapter shall prevent a Party from adopting or maintaining, in accordance with its international rights and obligations, and conditions set out in the WTO Agreement WTOAgreement on Technical Barriers to Trade: (a) 1. technical regulations necessary to ensure its national security requirements; and (b) 2. technical regulations necessary regulationsnecessary for the protection of human, animal or plant life or health, or the environment, or for the prevention of deceptive practices or to fulfil other legitimate objectives, as specified in the WTO Agreement on Technical Barriers to Trade. 3. Each Party shall retain all authority under its laws to implement its technical regulations. This includes the authority to take appropriate measures for goods that do not conform to the Party's technical regulations. Such measures may include withdrawing goods from the market, prohibiting their placement on the market or restricting their free movement, initiating a product recall or prohibiting an import. 4. The Parties affirm their intention to adopt and to apply, with such modifications as may be necessary, the principles set out in the APEC Information Notes on Good Regulatory Practice in Technical Regulation with Regulationwith respect to conformity assessment and approval procedures in meeting their international obligations under the WTO Agreement WTOAgreement on Technical Barriers to Trade.