Common use of The public policy interest Clause in Contracts

The public policy interest. 2.1 This Memorandum shall be construed with the statement on the public policy interest in standardisation dated 24 October 2000 agreed jointly between the Government and BSI, as may be revised from time to time by agreement between both parties. 2.2 The Government and BSI agree that: (i) Standardisation is a key factor in support of a number of government policies, including competitiveness, innovation, reduction of trade barriers, fair trading and protection of consumer interests, environmental protection and public procurement; (ii) Standardisation is increasingly important for the globalisation of commerce and the convergence of technologies and also for international trade, in particular through the World Trade Organisation's Technical Barriers to Trade (WTO TBT) Agreement and through various European legislative acts harmonising laws applied to products sold within the European Community. (iii) Standardisation is able, when used in conjunction with legislation, to promote better regulation. (iv) Market forces are necessary for the development of efficient standards, but standards have some of the characteristics of ‘public goods’, so market forces alone will not enable the benefits of standardisation to be realised. In particular, there is an incentive for standards users to avoid the development effort and associated costs, and leave those to others. Conversely, innovative companies themselves can have an incentive to avoid standardisation, to promote their own specifications and exclude competition, perhaps by forming cartels. Public policy is required in order to compensate for these market imperfections. (v) There are also potential problems to be avoided in standardisation. Slow, rigid, out of date or inappropriate standards may be a hindrance to innovation rather than helping it. Standards can be used to create trade barriers as well as to remove them. It is as important for the Government to work against these disbenefits as to promote 2.3 The Government and BSI are, separately and through co-operation with each other, determined to promote effective standardisation policy in order to realise in full the potential socio-economic benefits of standardisation, including the promotion of the small and medium sized business sector and of worker, consumer and environmental interests. 2.4 The Government and BSI agree that the capability to develop and promulgate formal standards is in the public interest, because other standardisation products do not necessarily provide the full benefits of formal standards to all stakeholders including, for example, consumers. A key overall aim of BSI’s standards setting activities will therefore be to preserve and strengthen this capability. BSI will not offer other standardisation products in preference to British Standards when the latter are acceptable to the market, and will seek the conversion of other standardisation products into British Standards whenever practicable. BSI will also promote the same relationship between formal standards and other standardisation products in European and international standards bodies. 2.5 The Government and BSI underline the importance of international standards policy. BSI will play a full and effective role in ISO, IEC and other relevant fora, aiming to influence the development of standards in the UK's interests, to promote improvements in the efficiency and effectiveness of the standardisation process, and the rationalisation of the organisational infrastructure. The Government will work through intergovernmental fora such as the WTO TBT Committee to promote a coherent international standards organisational infrastructure and effective use of standardisation in support of public policies. 2.6 The Government and BSI also underline the importance of European standards policy. They recognise that the UK is expected to maintain a standards infrastructure consistent with European standards policy, and must meet obligations of EC law. They recognise that the UK's interests will be furthered if they inform and co-operate with each other and adopt compatible policies in their respective spheres of activity. They agree that it is beneficial, therefore, to promote the strength and influence of the NSB. 2.7 The Government will play an active role in developing European standards policy with European governments and EU institutions, both in support of legislation and for the wider socio-economic benefits achievable through standardisation. It will inform and consult BSI as appropriate. BSI will play a full role in developing European standards policy in European standards fora to ensure that UK standards users' requirements are met as far as practicable, and in furtherance of standardisation policy aims discussed with the Government. Both BSI and the Government will support European policy on standardisation in the international context aiming to strengthen the European approach to standardisation and its influence world-wide.

The public policy interest. 2.1 This The provisions in this Memorandum that relate to the public policy interest shall be construed consistently with the jointly agreed statement between both parties on the public policy interest in standardisation dated 24 October 2000 agreed jointly between as published by the Government and BSI, as may be revised from time to time by agreement between both partiestime. 2.2 The Government and BSI agree that: (i) Standardisation standardisation is a key factor in support of a number of government policiespolicies including economic growth and reducing barriers to trade, including competitivenessinternational development, science, innovation, reduction of trade barriersdigital and technology, net zero, environmental protection and sustainability, product safety, fair trading and protection of consumer interests, environmental protection better regulation, public procurement and public procurementNational Security; (ii) Standardisation is increasingly important for the globalisation of commerce and the convergence of technologies and also for international trade, in particular through the World Trade Organisation's Technical Barriers to Trade (WTO TBT) Agreement and through various European legislative acts harmonising laws applied to products sold within the European Community. (iii) Standardisation is able, when used in conjunction with legislation, to promote better regulation. (iv) Market market forces are necessary for the development of efficient relevant standards, but standards have some of the characteristics of ‘public goods’, so market forces alone will not enable the benefits of standardisation to be realised. In particular, there is an incentive for standards users to avoid the development effort and associated costs, and leave those to others. Conversely, innovative companies themselves can have an incentive to avoid standardisation, to promote their own specifications and exclude competition, perhaps by forming cartels. Public policy is required in order to compensate for these market imperfections.; (viii) There there are also potential problems to be avoided in standardisation. Slow, rigid, out of date or inappropriate standards may be a hindrance to can have the adverse consequences of hindering innovation rather than helping boosting it. The accessibility of standards development processes and lack of diversity or expertise can result in less robust standards. Standards can be used to shape global markets and create trade barriers as well as to remove them; they can also compromise our security if standards are not globally interoperable or fail to take security into account from the outset. It is as important for the Government to work against these disbenefits as to promotepromote the very beneficial effects of standardisation; (iv) accordingly, the Government and BSI will, as appropriate, advocate for the effective use of standardisation domestically and internationally to promote the beneficial effects of standardisation. 2.3 The Government and BSI are, separately and through co-operation with each other, determined to promote effective standardisation policy in order to realise in full the potential socio-economic benefits of standardisation, including the promotion of the small and medium sized business sector and of worker, consumer and environmental interests. 2.4 The Government and BSI agree that the capability to develop and promulgate formal developing standards is in the public policy interest, because other standardisation products do not necessarily provide the full benefits of formal standards to and that this interest is best served when all relevant stakeholders including, for example, consumerscan be involved. A key overall aim of BSI’s standards setting standards-making activities will therefore be to preserve and strengthen this capability. BSI will not offer other Participation in the development of BSI’s standardisation products (other than formal British Standards) may often be a good step into standardisation, and BSI has rules and processes in preference place to govern their development and ensure that they are not confused with British Standards when the latter are Standards. Where appropriate, and where it is acceptable to the market, and BSI will seek the their eventual conversion of other standardisation products into British Standards whenever practicableStandards. BSI will also promote the same relationship between formal standards and other standardisation products use its participation in European and international standards bodiesbodies to seek the broadest possible consensus for any topic covered by standardisation. 2.5 The Government and BSI underline the importance of international standards policy. BSI will play a full and effective role in ISO, IEC the IEC, CEN, CENELEC and other relevant forafora such as the European Telecommunications Standards Institute (ETSI) and the International Telecommunication Union (ITU), aiming to influence the development of standards in the UK's interests, to promote improvements in the efficiency and effectiveness of the standardisation process, and the rationalisation of the organisational infrastructure. The Government will work through intergovernmental fora such as the WTO TBT Committee to promote a coherent international standards organisational infrastructure and effective use of standardisation in support of public policies. 2.6 The Government and BSI also underline the importance of European international standards policy. They recognise that the UK is expected to maintain a standards infrastructure consistent with European standards policy, and must meet obligations of EC law. They recognise that the UK's interests will be furthered if they the Government and BSI inform and co-operate with each other and adopt compatible policies in their respective spheres of activity. They agree that it is beneficial, therefore, to promote the strength and influence of the NSB. 2.7 The Government will play an active role in developing European standards policy with European governments and EU institutions, both in support of legislation and for the wider socio-economic benefits achievable through standardisation. It will inform and consult BSI as appropriate. BSI will play a full role actively participate in developing European standards policy in European standards fora to the extent possible to ensure that UK standards users' requirements are met as far as practicable, and in furtherance of standardisation policy aims discussed with the Government. Both BSI and the Government will support European UK policy on standardisation in the international context aiming to strengthen the European global approach to standardisation and its influence world-wide.

The public policy interest. 2.1 This Memorandum shall be construed with the statement on the public policy interest in standardisation dated 24 October 2000 agreed jointly between the Government and BSI, as may be revised from time to time by agreement between both parties. 2.2 The Government and BSI agree that: (i) Standardisation is a key factor in support of a number of government policies, including competitiveness, innovation, reduction of trade barriers, fair trading and protection of consumer interests, environmental protection and public procurement; (ii) Standardisation is increasingly important for the globalisation of commerce and the convergence of technologies and also for international trade, in particular through the World Trade Organisation's Technical Barriers to Trade (WTO TBT) Agreement and through various European legislative acts harmonising laws applied to products sold within the European Community. (iii) Standardisation is able, when used in conjunction with legislation, to promote better regulation. (iv) Market forces are necessary for the development of efficient standards, but standards have some of the characteristics of ‘public goods’, so market forces alone will not enable the benefits of standardisation to be realised. In particular, there is an incentive for standards users to avoid the development effort and associated costs, and leave those to others. Conversely, innovative companies themselves can have an incentive to avoid standardisation, to promote their own specifications and exclude competition, perhaps by forming cartels. Public policy is required in order to compensate for these market imperfections. (v) There are also potential problems to be avoided in standardisation. Slow, rigid, out of date or inappropriate standards may be a hindrance to innovation rather than helping it. Standards can be used to create trade barriers as well as to remove them. It is as important for the Government to work against these disbenefits as to promotepromote the very beneficial effects of standardisation. 2.3 The Government and BSI are, separately and through co-operation with each other, determined to promote effective standardisation policy in order to realise in full the potential socio-economic benefits of standardisation, including the promotion of the small and medium sized business sector and of worker, consumer and environmental interests. 2.4 The Government and BSI agree that the capability to develop and promulgate formal standards is in the public interest, because other standardisation products do not necessarily provide the full benefits of formal standards to all stakeholders including, for example, consumers. A key overall aim of BSI’s standards setting activities will therefore be to preserve and strengthen this capability. BSI will not offer other standardisation products in preference to British Standards when the latter are acceptable to the market, and will seek the conversion of other standardisation products into British Standards whenever practicable. BSI will also promote the same relationship between formal standards and other standardisation products in European and international standards bodies. 2.5 The Government and BSI underline the importance of international standards policy. BSI will play a full and effective role in ISO, IEC and other relevant fora, aiming to influence the development of standards in the UK's interests, to promote improvements in the efficiency and effectiveness of the standardisation process, and the rationalisation of the organisational infrastructure. The Government will work through intergovernmental fora such as the WTO TBT Committee to promote a coherent international standards organisational infrastructure and effective use of standardisation in support of public policies. 2.6 The Government and BSI also underline the importance of European standards policy. They recognise that the UK is expected to maintain a standards infrastructure consistent with European standards policy, and must meet obligations of EC law. They recognise that the UK's interests will be furthered if they inform and co-operate with each other and adopt compatible policies in their respective spheres of activity. They agree that it is beneficial, therefore, to promote the strength and influence of the NSB. 2.7 The Government will play an active role in developing European standards policy with European governments and EU institutions, both in support of legislation and for the wider socio-economic benefits achievable through standardisation. It will inform and consult BSI as appropriate. BSI will play a full role in developing European standards policy in European standards fora to ensure that UK standards users' requirements are met as far as practicable, and in furtherance of standardisation policy aims discussed with the Government. Both BSI and the Government will support European policy on standardisation in the international context aiming to strengthen the European approach to standardisation and its influence world-wide.