Common use of Transparent Development of Regulations Clause in Contracts

Transparent Development of Regulations. 1. During the period described in paragraph 2, when a regulatory authority is developing a regulation, the Party shall, under normal circumstances, publish: (a) the proposed text of the regulation along with its regulatory impact assessment, if any; (b) an explanation of the regulation, including its objectives, how the regulation achieves those objectives, the rationale for the material features of the regulation, and any major alternatives being considered; (c) an explanation of: the data, other information, and analyses that the regulatory authority relied upon to support the regulation; and (d) the name and contact information of an individual official from the regulatory authority with lead responsibility for developing the regulation who may be contacted concerning questions regarding the regulation. At the same time the Party publishes the information listed in subparagraphs (a) through (d), the Party shall also make publicly available data, other information, and scientific and technical analyses it relied upon in support of the regulation, including any risk assessment. 2. With respect to the items required to be published under paragraph 1, each Party shall publish them before the regulatory authority finalizes its work on the regulation and at a time that will enable the regulatory authority to take into account the comments received and, as appropriate, make revisions to the text of the regulation published under paragraph 1(a). 3. After the items identified in paragraph 1 have been published, the Party shall ensure that any interested person, regardless of domicile, has an opportunity, on terms no less favorable than those afforded to a person of the Party, to submit written comments on the items identified in paragraph 1 for consideration by the relevant regulatory authority of the Party. Each Party shall allow interested persons to submit any comments and other inputs electronically and may also allow written submissions by mail to a published address or through another technology. 4. If a Party expects a proposed regulation to have a significant impact on trade, the Party should under normal circumstances provide a time period to submit written comments and other input on the items published in accordance with paragraph 1 that is: (a) not less than 60 days from the date the items identified in paragraph 1 are published; or (b) a longer time period as is appropriate due to the nature and complexity of the regulation, in order to provide interested persons adequate opportunity to understand how the regulation may affect their interests and to develop informed responses. 5. With respect to proposed regulations not covered under paragraph 4, a Party shall endeavor, under normal circumstances, to provide a time period to submit written comments and other input on the information published in accordance with paragraph 1 that is not less than four weeks from the date the items identified in paragraph 1 are published. 6. In addition, the Party shall consider reasonable requests to extend the comment period under paragraph 4 or 5 to submit written comments or other input on a proposed regulation. 7. Each Party shall, without undue delay, make publicly available online any written comments it receives, except to the extent necessary to protect confidential information or withhold personal identifying information or inappropriate content. If it is impracticable to make publicly available online all the comments on the website provided for in Article 7 (Dedicated Website), the regulatory authority of a Party shall endeavor to make publicly available those comments on its own website. Each Party shall also normally make publicly available on the Internet a list, docket, or other form of compilation, identifying persons that have submitted public comments. 8. Before finalizing its work on a regulation, a regulatory authority of a Party shall evaluate any relevant information provided in written comments received during the comment period. 9. When a regulatory authority of a Party finalizes its work on a regulation, the Party shall, without undue delay, make publicly available online the text of the regulation any final impact assessment, and other items as set out in Article 12 (Final Publication). 10. The Parties are encouraged to make publicly available online government-generated items identified in this Article in a format that can be read and digitally processed through word searches and data mining by a computer or other technology. 11. For the purposes of paragraphs 1, 4, and 5, “normal circumstances” do not include, for example, situations when publication in accordance with those paragraphs would render the regulation ineffective in addressing the particular harm to the public interest that the regulation aims to address; if urgent problems (for example, of safety, health, or environmental protection) arise or threaten to arise for a Party; or if the regulation has no substantive impact upon members of the public, including persons of the other Party.

Transparent Development of Regulations. 1. During the period described in paragraph 2, when a regulatory authority is developing a regulation, the Party shall, under normal circumstances, circumstances,1 publish: (a) the proposed text of the regulation along with its regulatory impact assessment, if any; (b) an explanation of the regulation, including its objectives, how the regulation achieves those objectives, the rationale for the material features of the regulation, and any major alternatives being considered; (c) an explanation of: the data, other information, and analyses that the regulatory authority relied upon to support the regulation; and (d) the name and contact information of an individual official from the regulatory authority with lead responsibility for developing the regulation who may be contacted concerning questions regarding the regulation. At the same time the Party publishes the information listed in subparagraphs (a) through (d), the Party shall also make publicly available data, other information, and scientific and technical analyses it relied upon in support of the regulation, including any risk assessment. 2. With respect to the items required to be published under paragraph 1, each Party shall publish them before the regulatory authority finalizes its work work2 on the regulation and at a time that will enable the regulatory authority to take into account the comments received and, as appropriate, make revisions to the text of the regulation published under paragraph 1(a). 3. After the items identified in paragraph 1 have been published, the Party shall ensure that any interested person, regardless of domicile, has an opportunity, on terms no less favorable than those afforded to a person of the Party, to submit written comments on the items identified in paragraph 1 for consideration by the relevant regulatory authority of the Party. Each Party shall allow interested persons to submit any comments and other inputs electronically and may also allow written submissions by mail to a published address or through another technology. 4. If a Party expects a proposed regulation to have a significant impact on trade, the Party should under normal circumstances provide a time period to submit written comments and other input on the items published in accordance with paragraph 1 that is: (a) not less than 60 days from the date the items identified in paragraph 1 are published; or (b) a longer time period as is appropriate due to the nature and complexity of the regulation, in order to provide interested persons adequate opportunity to understand how the regulation may affect their interests and to develop informed responses. 1 For the purposes of paragraphs 1, 4, and 5, “normal circumstances” do not include, for example, situations when publication in accordance with those paragraphs would render the regulation ineffective in addressing the particular harm to the public interest that the regulation aims to address; if urgent problems (for example, of safety, health, or environmental protection) arise or threaten to arise for a Party; or if the regulation has no substantive impact upon members of the public, including persons of the other Party. 2 For each Party, a regulatory authority finalizes its work on a regulation when the final rule is published in the official journal. 5. With respect to proposed regulations not covered under paragraph 4, a Party shall endeavor, under normal circumstances, to provide a time period to submit written comments and other input on the information published in accordance with paragraph 1 that is not less than four weeks from the date the items identified in paragraph 1 are published. 6. In addition, the Party shall consider reasonable requests to extend the comment period under paragraph 4 or 5 to submit written comments or other input on a proposed regulation. 7. Each Party shall, without undue delay, make publicly available online any written comments it receives, except to the extent necessary to protect confidential information or withhold personal identifying information or inappropriate content. If it is impracticable to make publicly available online all the comments on the website provided for in Article 7 (Dedicated Website), the regulatory authority of a Party shall endeavor to make publicly available those comments on its own website. Each Party shall also normally make publicly available on the Internet a list, docket, or other form of compilation, identifying persons that have submitted public comments. 8. Before finalizing its work on a regulation, a regulatory authority of a Party shall evaluate any relevant information provided in written comments received during the comment period. 9. When a regulatory authority of a Party finalizes its work on a regulation, the Party shall, without undue delay, make publicly available online the text of the regulation any final impact assessment, and other items as set out in Article 12 (Final Publication). 10. The Parties are encouraged to make publicly available online government-generated items identified in this Article in a format that can be read and digitally processed through word searches and data mining by a computer or other technology. 11. For the purposes of paragraphs 1, 4, and 5, “normal circumstances” do not include, for example, situations when publication in accordance with those paragraphs would render the regulation ineffective in addressing the particular harm to the public interest that the regulation aims to address; if urgent problems (for example, of safety, health, or environmental protection) arise or threaten to arise for a Party; or if the regulation has no substantive impact upon members of the public, including persons of the other Party.

Transparent Development of Regulations. 1. During the period described in paragraph 2, when a regulatory authority is developing a regulation, the Party shall, under normal circumstances, publish: (a) the proposed text of the regulation along with its regulatory impact assessment, if any; (b) an explanation of the regulation, including its objectives, how the regulation achieves those objectives, the rationale for the material features of the regulation, and any major alternatives being considered; (c) an explanation of: the data, other information, and analyses that the regulatory authority relied upon to support the regulation; and (d) the name and contact information of an individual official from the regulatory authority with lead responsibility for developing the regulation who may be contacted concerning questions regarding the regulation. At the same time the Party publishes the information listed in subparagraphs (a) through (d), the Party shall also make publicly available data, other information, and scientific and technical analyses it relied upon in support of the regulation, including any risk assessment. 2. With respect to the items required to be published under paragraph 1, each Party shall publish them before the regulatory authority finalizes its work on the regulation and at a time that will enable the regulatory authority to take into account the comments received and, as appropriate, make revisions to the text of the regulation published under paragraph 1(a). 3. After the items identified in paragraph 1 have been published, the Party shall ensure that any interested person, regardless of domicile, has an opportunity, on terms no less favorable than those afforded to a person of the Party, to submit written comments on the items identified in paragraph 1 for consideration by the relevant regulatory authority of the Party. Each Party shall allow interested persons to submit any comments and other inputs electronically and may also allow written submissions by mail to a published address or through another technology. 4. If a Party expects a proposed regulation to have a significant impact on trade, the Party should under normal circumstances provide a time period to submit written comments and other input on the items published in accordance with paragraph 1 that is: (a) not less than 60 days from the date the items identified in paragraph 1 are published; or (b) a longer time period as is appropriate due to the nature and complexity of the regulation, in order to provide interested persons adequate opportunity to understand how the regulation may affect their interests and to develop informed responses. 5. With respect to proposed regulations not covered under paragraph 4, a Party shall endeavor, under normal circumstances, to provide a time period to submit written comments and other input on the information published in accordance with paragraph 1 that is not less than four weeks from the date the items identified in paragraph 1 are published. 6. In addition, the Party shall consider reasonable requests to extend the comment period under paragraph 4 or 5 to submit written comments or other input on a proposed regulation. 7. Each Party shall, without undue delay, make publicly available online any written comments it receives, except to the extent necessary to protect confidential information or withhold personal identifying information or inappropriate content. If it is impracticable to make publicly available online all the comments on the website provided for in Article 7 (Dedicated Website), the regulatory authority of a Party shall endeavor to make publicly available those comments on its own website. Each Party shall also normally make publicly available on the Internet a list, docket, or other form of compilation, identifying persons that have submitted public comments. 8. Before finalizing its work on a regulation, a regulatory authority of a Party shall evaluate any relevant information provided in written comments received during the comment period. 9. When a regulatory authority of a Party finalizes its work on a regulation, the Party shall, without undue delay, make publicly available online the text of the regulation regulation, any final impact assessment, and other items as set out in Article 12 (Final Publication). 10. The Parties are encouraged to make publicly available online government-generated items identified in this Article in a format that can be read and digitally processed through word searches and data mining by a computer or other technology. 11. For the purposes of paragraphs 1, 4, and 5, “normal circumstances” do not include, for example, situations when publication in accordance with those paragraphs would render the regulation ineffective in addressing the particular harm to the public interest that the regulation aims to address; if urgent problems (for example, of safety, health, or environmental protection) arise or threaten to arise for a Party; or if the regulation has no substantive impact upon members of the public, including persons of the other Party.