Common use of SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES Clause in Contracts

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures shall apply with regard to the suspension of a Conformity Assessment Body listed in a Sectoral MRA: a) Any Member State to a Sectoral MRA which contests the technical competence or compliance of a listed Conformity Assessment Body shall, through its contact point to submit a proposal to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariat. Such contestation shall be exercised when justified in an objective and reasoned manner in writing; b) The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body shall be given an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation; c) Any such contestation shall be discussed by the relevant Joint Sectoral Committee, which may decide to suspend the Conformity Assessment Body in question; d) If the matter has not been resolved by the Joint Sectoral Committee within 21 days of the notice of contestation, the Conformity Assessment Body shall be suspended upon the request of the contesting Member State; e) Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreement; f) Upon the suspension of a Conformity Assessment Body listed in a Sectoral MRA, Member States to the Sectoral MRA are no longer obligated to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body prior to suspension; and g) The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA upon the future status of that Conformity Assessment Body.

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures shall apply with regard to the suspension of a Conformity Assessment Body conformity assessment body listed in a Sectoral MRAAnnex: a) Any Member State to a Sectoral MRA which contests One side shall notify the other of its contestation of the technical competence or compliance of a conformity assessment body listed Conformity Assessment Body shall, through in a Sectoral Annex and its contact point to submit a proposal intent to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariatconformity assessment body. Such contestation shall be exercised when justified in an objective and reasoned manner in writingwriting to the other side; b) The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body conformity assessment body shall be given prompt notice by the other side and an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation; c) Any The Parties shall discuss any such contestation shall be discussed by in the relevant Joint Sectoral Committee. If there is no Joint Sectoral Committee, which may decide the contesting side shall refer the matter directly to the Joint Committee. If agreement to suspend is reached by the Conformity Assessment Body in questionJoint Sectoral Committee or, if there is no Joint Sectoral Committee, by the Joint Committee, the conformity assessment body shall be suspended; d) Where the Joint Sectoral Committee or Joint Committee decides that verification of technical competence or compliance is required, it shall normally be carried out in a timely manner by the Party in whose territory the body in question is located, but may be carried out jointly by the Parties in justified cases; e) If the matter has not been resolved by the Joint Sectoral Committee within 21 10 days of the notice of contestation, the Conformity Assessment Body matter shall be referred to the Joint Committee for a decision. If there is no Joint Sectoral Committee, the matter shall be referred directly to the Joint Committee. If no decision is reached by the Joint Committee within 10 days of the referral to it, the conformity assessment body shall be suspended upon the request of the contesting Member State; e) Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreementside; f) Upon the suspension of a Conformity Assessment Body conformity assessment body listed in a Sectoral MRAAnnex, Member States to the Sectoral MRA are contesting side is no longer obligated to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body conformity assessment body subsequent to suspension. Member States to the Sectoral MRA shallHowever, subject to Article 11, it shall continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body conformity assessment body prior to suspension, unless a Regulatory Authority of that side decides otherwise based on health, safety or environmental considerations or failure to satisfy other requirements within the scope of the applicable Sectoral Annex; and g) The suspension shall remain in effect until an agreement has been reached by Member States the Joint Committee with respect to the Sectoral MRA upon the future status of that Conformity Assessment Bodyconformity assessment body.

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures shall apply with regard to the suspension of a Conformity Assessment Body conformity assessment body listed in a Sectoral MRAAnnex: (a) Any Member State to a Sectoral MRA which contests A Party shall notify the other Party of its contestation of the technical competence or compliance of a conformity assessment body listed Conformity Assessment Body shall, through its contact point to submit in a proposal Sectoral Annex and the contesting Party’s intent to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariatconformity assessment body. Such contestation shall be exercised when justified in an objective and reasoned manner in writingwriting to the other Party; (b) The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body conformity assessment body shall be given prompt notice by the other Party and an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation; (c) Any such contestation shall be discussed by between the Parties in the relevant Joint Sectoral Committee. If there is no Joint Sectoral Committee, which may decide the contesting Party shall refer the matter directly to the Joint Committee. If agreement to suspend is reached by the Conformity Assessment Body in questionJoint Sectoral Committee or, if there is no Joint Sectoral Committee, by the Joint Committee, the conformity assessment body shall be suspended; (d) Where the Joint Sectoral Committee or Joint Committee decides that verification of technical competence or compliance is required, it shall normally be carried out in a timely manner by the Party in whose territory the body in question is located, but may be carried out jointly by the Parties in justified cases; (e) If the matter has not been resolved by the Joint Sectoral Committee within 21 10 days of the notice of contestation, the Conformity Assessment Body matter shall be referred to the Joint Committee for a decision. If there is no Joint Sectoral Committee, the matter shall be referred directly to the Joint Committee. If no decision is reached by the Joint Committee within 10 days of the referral to it, the conformity assessment body shall be suspended upon the request of the contesting Member StateParty; e) Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreement; (f) Upon the suspension of a Conformity Assessment Body conformity assessment body listed in a Sectoral MRAAnnex, Member States to the Sectoral MRA are a Party is no longer obligated to accept or recognize recognise the results of conformity assessment procedures performed by that Conformity Assessment Body conformity assessment body subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, A Party shall continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body conformity assessment body prior to suspension, unless a Regulatory Authority of the Party decides otherwise based on health, safety or environmental considerations or failure to satisfy other requirements within the scope of the applicable Sectoral Annex; and (g) The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA Parties upon the future status of that Conformity Assessment Bodybody.

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures shall apply with regard to the suspension of a Conformity Assessment Body conformity assessment body listed in a Sectoral MRAAnnex: (a) Any Member State to a Sectoral MRA which contests A Party shall notify the other Party of its contestation of the technical competence or compliance of a conformity assessment body listed Conformity Assessment Body shall, through its contact point to submit in a proposal Sectoral Annex and the contesting Party’s intent to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariatconformity assessment body. Such contestation shall be exercised when justified in an objective and reasoned manner in writingwriting to the other Party; (b) The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body conformity assessment body shall be given prompt notice by the other Party and an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation; (c) Any such contestation shall be discussed by between the Parties in the relevant Joint Sectoral Committee. If there is no Joint Sectoral Committee, which may decide the contesting Party shall refer the matter directly to the Joint Committee. If agreement to suspend is reached by the Conformity Assessment Body in questionJoint Sectoral Committee or, if there is no Joint Sectoral Committee, by the Joint Committee, the conformity assessment body shall be suspended; (d) Where the Joint Sectoral Committee or Joint Committee decides that verification of technical competence or compliance is required, it shall normally be carried out in a timely manner by the Party in whose territory the body in question is located, but may be carried out jointly by the Parties in justified cases; (e) If the matter has not been resolved by the Joint Sectoral Committee within 21 10 days of the notice of contestation, the Conformity Assessment Body matter shall be referred to the Joint Committee for a decision. If there is no Joint Sectoral Committee, the matter shall be referred directly to the Joint Committee. If no decision is reached by the Joint Committee within 10 days of the referral to it, the conformity assessment body shall be suspended upon the request of the contesting Member StateParty; e) Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreement; (f) Upon the suspension of a Conformity Assessment Body conformity assessment body listed in a Sectoral MRAAnnex, Member States to the Sectoral MRA are a Party is no longer obligated to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body conformity assessment body subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, A Party shall continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body conformity assessment body prior to suspension, unless a Regulatory Authority of the Party decides otherwise based on health, safety or environmental considerations or failure to satisfy other requirements within the scope of the applicable Sectoral Annex; and (g) The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA Parties upon the future status of that Conformity Assessment Bodybody.

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures shall apply with regard to the suspension of a Conformity Assessment Body listed in a Sectoral MRA: a) a. Any Member State to a Sectoral MRA which contests the technical competence or compliance of a listed Conformity Assessment Body shall, through its contact point to submit a proposal to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariat. Such contestation shall be exercised when justified in an objective and reasoned manner in writing; b) b. The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body shall be given an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation; c) c. Any such contestation shall be discussed by the relevant Joint Sectoral Committee, which may decide to suspend the Conformity Assessment Body in question; d) d. If the matter has not been resolved by the Joint Sectoral Committee within 21 days of the notice of contestation, the Conformity Assessment Body shall be suspended upon the request of the contesting Member State; e) e. Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreement; f) f. Upon the suspension of a Conformity Assessment Body listed in a Sectoral MRA, Member States to the Sectoral MRA are no longer obligated to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body prior to suspension; and g) g. The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA upon the future status of that Conformity Assessment Body.

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures shall apply with regard to the suspension of a Conformity Assessment Body listed in a Sectoral MRA: a) : Any Member State to a Sectoral MRA which contests the technical competence or compliance of a listed Conformity Assessment Body shall, through its contact point to submit a proposal to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariat. Such contestation shall be exercised when justified in an objective and reasoned manner in writing; b) ; The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body shall be given an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation; c) ; Any such contestation shall be discussed by the relevant Joint Sectoral Committee, which may decide to suspend the Conformity Assessment Body in question; d) ; If the matter has not been resolved by the Joint Sectoral Committee within 21 days of the notice of contestation, the Conformity Assessment Body shall be suspended upon the request of the contesting Member State; e) ; Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreement; f) ; Upon the suspension of a Conformity Assessment Body listed in a Sectoral MRA, Member States to the Sectoral MRA are no longer obligated to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body prior to suspension; and g) and The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA upon the future status of that Conformity Assessment Body.

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES. The following procedures procedure shall apply with regard to the suspension of a Conformity Assessment Body CAB listed in a Sectoral MRASector: a) Any Member State to 1. Proposal for suspension of listed CAB shall only be considered when it comes from any Party in writing. 2. Such a Sectoral MRA which proposal can only be made if the Party contests the technical competence of the CAB or contests the compliance of a listed Conformity Assessment Body shall, through its contact point to submit a proposal to suspend such a Conformity Assessment Body, to prescribed procedures by the relevant Joint Sectoral Committee and the ASEAN SecretariatCAB. Such contestation shall be exercised made only when justified it is supported by objective evidence in an objective and a reasoned manner in writing;manner. b) The ASEAN Secretariat 3. Such a proposal shall be made to SARSO Secretariat, which shall promptly inform about the Conformity Assessment Body concernedproposal to the relevant SCAC (s) and the concerned CAB. 4. The Conformity Assessment Body In case the CAB wishes to refute the contestation, it shall be given an opportunity to present information in order to refute its case before the contestation or to correct concerned SCAC. 5. In case the deficiencies which form the basis of CAB agrees with the contestation;, it shall intimate the corrections made and corrective actions taken to the concerned SCAC. c) 6. Any such contestation shall be discussed by the relevant Joint Sectoral CommitteeSCAC, which shall send its recommendations to BCA. SCAC may decide give its recommendation, if necessary, based on verification visit to suspend the Conformity Assessment Body in question; d) If the matter has not been resolved by the Joint Sectoral Committee within 21 days of the notice of contestation, the Conformity Assessment Body shall be suspended upon the request of the contesting Member State; e) Where the Joint Sectoral Committee decides that verification of CAB for assessing its technical competence or compliance is requiredto the procedures. 7. In case the CAB does not respond within 21 days from the date of receipt of suspension proposal from SARSO Secretariat, such verification the relevant SCAC shall recommend to BCA suspension of the CAB. 8. Efforts should be carried out in accordance with Article 9 made by BCA to take a decision on the suspension proposal within 60 days of this Framework Agreement;receipt of the suspension proposal from the Party. f) 9. Upon the suspension of a Conformity Assessment Body listed CAB in a Sectoral MRAthe relevant Sector, Member States to the Sectoral MRA Party(ies) is/are no longer obligated obliged to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body CAB subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, Parties shall continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body CAB prior to suspension; and g) 10. The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA upon BCA on the future status of that Conformity Assessment BodyCAB.