Common use of Application of Regulations Clause in Contracts

Application of Regulations. 1. When a Party accepts compliance or harmonisation with UN ECE requirements in conformity with Article 3 of this Annex, UN ECE type-approval certificates issued by competent authorities shall be considered as providing a presumption of conformity. If a Party finds that a certain product covered by a type-approval certificate does not conform to the approved type, it shall inform the other Party. This paragraph is without prejudice to the Parties’ right to take appropriate measures, as set out in paragraphs 2 and 3. 2. The competent administrative authorities of each Party may verify by random sampling in accordance with its domestic legislation that the products, including those self-certified by manufacturers, comply as appropriate with: (a) all the technical regulations of that Party; or (b) the domestic technical regulations and the other requirements, as set out in Article 3(a) of this Annex. Each Party may require the supplier to withdraw a product from its market in case the product concerned does not comply with those regulations or requirements as the case may be. 3. Type-approval can be refused if the documentation is incomplete, the relevant procedures for verifying conformity of production are not complied with, or the products concerned do not comply as appropriate with: (a) all the technical regulations of a Party; or (b) a Party’s technical regulations and the other requirements, as set out in Article 3(a) of this Annex. 4. Notwithstanding compliance with the technical regulations or the requirements referred to in Article 3(a) of this Annex, a Party may, in exceptional circumstances, refuse to a supplier the placing of a product on its market or require a supplier to withdraw that product from its market if there are urgent and compelling risks for road safety, public health or the environment based on substantiated scientific or technical information. Such a refusal shall not constitute a means of arbitrary or unjustifiable discrimination against the products of the other Party or a disguised restriction on trade. Before it is implemented, any such temporary emergency measure shall be notified to the other Party and to the supplier with an objective, reasoned and sufficiently detailed explanation of the motivation for the measure.

Application of Regulations. 1. When a Party accepts compliance or harmonisation with UN ECE requirements in conformity with Article 3 of this Annex, UN ECE type-approval certificates issued by competent authorities shall be considered as providing a presumption of conformity. If a Party finds that a certain product covered by a type-approval certificate does not conform to the approved type, it shall inform the other Party. This paragraph is without prejudice to the Parties’ ' right to take appropriate measures, as set out in paragraphs 2 and 3. 2. The competent administrative authorities of each Party may verify by random sampling in accordance with its domestic legislation that the products, including those self-certified by manufacturers, comply as appropriate with: (a) all the technical regulations of that Party; or (b) the domestic technical regulations and the other requirements, as set out in Article 3(a) of this Annex. Each Party may require the supplier to withdraw a product from its market in case the product concerned does not comply with those regulations or requirements as the case may be. 3. Type-approval can be refused if the documentation is incomplete, the relevant procedures for verifying conformity of production are not complied with, or the products concerned do not comply as appropriate with: (a) all the technical regulations of a Party; or (b) a Party’s 's technical regulations and the other requirements, as set out in Article 3(a) of this Annex. 4. Notwithstanding compliance with the technical regulations or the requirements referred to in Article 3(a) of this Annex, a Party may, in exceptional circumstances, refuse to a supplier the placing of a product on its market or require a supplier to withdraw that product from its market if there are urgent and compelling risks for road safety, public health or the environment based on substantiated scientific or technical information. Such a refusal shall not constitute a means of arbitrary or unjustifiable discrimination against the products of the other Party or a disguised restriction on trade. Before it is implemented, any such temporary emergency measure shall be notified to the other Party and to the supplier with an objective, reasoned and sufficiently detailed explanation of the motivation for the measure.

Application of Regulations. 1. When a Party accepts compliance or harmonisation with UN ECE requirements in conformity with Article 3 of this Annex, UN ECE type-approval certificates issued by competent authorities shall be considered as providing a presumption of conformity. If a Party finds that a certain product covered by a type-type- approval certificate does not conform to the approved type, it shall inform the other Party. This paragraph is without prejudice to the Parties’ ' right to take appropriate measures, as set out in paragraphs 2 and 3. 2. The competent administrative authorities of each Party may verify by random sampling in accordance with its domestic legislation that the products, including those self-certified by manufacturers, comply as appropriate with: (a) all the technical regulations of that Party; or (b) the domestic technical regulations and the other requirements, as set out in Article 3(a) of this Annex. Each Party may require the supplier to withdraw a product from its market in case the product concerned does not comply with those regulations or requirements as the case may be. 3. Type-approval can be refused if the documentation is incomplete, the relevant procedures for verifying conformity of production are not complied with, or the products concerned do not comply as appropriate with: (a) all the technical regulations of a Party; or (b) a Party’s 's technical regulations and the other requirements, as set out in Article 3(a) of this Annex. 4. Notwithstanding compliance with the technical regulations or the requirements referred to in Article 3(a) of this Annex, a Party may, in exceptional circumstances, refuse to a supplier the placing of a product on its market or require a supplier to withdraw that product from its market if there are urgent and compelling risks for road safety, public health or the environment based on substantiated scientific or technical information. Such a refusal shall not constitute a means of arbitrary or unjustifiable discrimination against the products of the other Party or a disguised restriction on trade. Before it is implemented, any such temporary emergency measure shall be notified to the other Party and to the supplier with an objective, reasoned and sufficiently detailed explanation of the motivation for the measure.