Common use of Technical Regulations Clause in Contracts

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use recognise the importance of good regulatory practicepractice with regard to the preparation, as provided for in adoption, and application of technical regulations, particularly the work carried out by the WTO Committee on Technical Barriers to Trade. 2. In accordance with Article 2.2 of the TBT Agreement. In particular, the Parties agree: (a) each Party shall ensure that technical regulations are not more trade-restrictive than necessary to fulfil the transparency obligations a legitimate objective, taking account of the risks non-fulfilment would create. 3. The Parties as indicated in the TBT Agreement; (b) to shall use relevant international standards as a basis for preparing their technical regulations including conformity assessment proceduresregulations, except when such unless those international standards would be an are ineffective or inappropriate means for the fulfilment of to achieving the legitimate objectives objective pursued. Where a Party does not use an international standard, and where international standards have not been used guide, or recommendation referred to in paragraph 1, or their relevant parts, as a basisbasis for its technical regulations, to explain it shall, on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s views where a part , explain the reasons therefor. 4. In accordance with Article 2.7 of the process TBT agreement, each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations. 5. A Party shall, on the request of the other Party, explain the reasons why it has not accepted a request by the other Party to negotiate arrangements pursuant to paragraph (3) and (4). 6. The Parties shall strengthen communications and coordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade. 7. At the request of a Party that has an interest in developing a technical regulation is open similar to public consultation, and on request to provide written responses to the comments made by a technical regulation of the other Party;, such other Party shall endeavour to provide, to the extent practicable, relevant information, including studies or documents, except for confidential information, on which it has relied in its development. (f) when making notifications in accordance 8. Consistent with the obligations of the TBT Agreement, each Party shall ensure that its technical regulations, including those dealing exclusively with marking and labelling requirements: (a) accord treatment no less favourable than that accorded to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposallike products of domestic origin; and (gb) do not create unnecessary obstacles to leave sufficient time trade between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment periodParties. 29. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s 's economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s 's views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s 's economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s 's views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s views where a part of the process of developing a technical regulation regu­ lation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification notifi­ cation for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable prac­ ticable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development devel­ opment of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s 's economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s 's views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.