Common use of Scope and Obligations Clause in Contracts

Scope and Obligations. 1. This Chapter applies to standards, technical regulations and conformity assessment procedures that may, directly or indirectly, affect the sale of goods between the Parties other than those that: (a) relate to government procurement; and (b) are sanitary or phytosanitary measures as defined in Annex A, paragraph 1 of the SPS Agreement. 2. This Chapter shall apply to food standards which are not SPS measures. Notwithstanding this, Articles 6.5 to 6.10 of Chapter 6 of this Agreement shall apply to food standards which are not SPS measures. 3. The Parties affirm with respect to each other their existing rights and obligations relating to technical regulations under the TBT Agreement. 4. Nothing in this Chapter shall prevent a Party from adopting or maintaining, in accordance with its international rights and obligations and the conditions set out in the TBT Agreement: (a) technical regulations necessary to ensure its national security requirements; and (b) technical regulations necessary for the protection of human health or safety, animal or plant life or health, or the environment, or for the prevention of deceptive practices. 5. Each Party shall retain all authority under its legislation to take appropriate and timely measures for goods which pose an immediate risk to health, safety or the environment. 6. 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 TBT Agreement.

Scope and Obligations. ‌ 1. This Chapter applies to standards, technical regulations and conformity assessment procedures that may, directly or indirectly, affect the sale of goods between the Parties other than those that: (a) relate to government procurement; and (b) are sanitary or phytosanitary measures as defined in Annex A, paragraph 1 of the SPS Agreement. 2. This Chapter shall apply to food standards which are not SPS measures. Notwithstanding this, Articles 6.5 to 6.10 of Chapter 6 of this Agreement shall apply to food standards which are not SPS measures. 3. The Parties affirm with respect to each other their existing rights and obligations relating to technical regulations under the TBT Agreement. 4. Nothing in this Chapter shall prevent a Party from adopting or maintaining, in accordance with its international rights and obligations and the conditions set out in the TBT Agreement: (a) technical regulations necessary to ensure its national security requirements; and (b) technical regulations necessary for the protection of human health or safety, animal or plant life or health, or the environment, or for the prevention of deceptive practices. 5. Each Party shall retain all authority under its legislation to take appropriate and timely measures for goods which pose an immediate risk to health, safety or the environment. 6. 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 TBT Agreement.