Common use of Conformity Assessment Procedures Clause in Contracts

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 15 contracts

Sources: Asean Australia New Zealand Free Trade Agreement, Free Trade Agreement, Asean Australia New Zealand Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting The Parties shall, recognising the results existence of differences in the structure, organisation and operation of conformity assessment procedures of other Partiesin their respective territories, even where make compatible those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own proceduresthe greatest extent practicable. 2. Each Party shall seek to enhance the acceptance of shall, wherever possible, accept the results of a conformity assessment procedures procedure conducted in the territories territory of the other Party, provided that it is satisfied that the procedure offers an assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory the results of which it accepts, that the relevant good complies with the applicable technical regulation or standard adopted or maintained in the Party's territory. 3. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness may consult on such matters as the technical competence of the conformity assessmentsassessment bodies involved, as appropriate. 4. In this regardRecognising that it should be to the mutual advantage of the Parties, each Party may chooseaccredit, depending on the situation of the Party and the specific sectors involvedapprove, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of license or otherwise recognise conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating the other Party on terms no less favourable than those accorded to conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformityits territory. 35. Each Party shall exchange information with other Parties shall, on its experience in the development and application request of the approaches other Party, take such reasonable measures as may be available to it to facilitate access in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of its territory for conformity assessment procedures. 46. A Each Party shall, upon shall give sympathetic consideration to a request by the other Party to negotiate agreements for the recognition of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party's conformity assessment procedures in the agreed sector. 7. Each Party shall utilise to the maximum possible extent existing mutual recognition arrangements in relation to the acceptance of conformity assessment processes and procedures. 8. Each Party shall take steps to implement Parts 1, 2 and 3 of the APEC Mutual Recognition Arrangement for Conformity Assessment of Electrical and Electronic Equipment with respect to the other Party. 9. Each Party shall give serious consideration, where possible, to participation in any future mutual recognition arrangements developed within APEC.

Appears in 9 contracts

Sources: Free Trade Agreement, Industrial Technical Barriers to Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and and_ international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers' declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 6 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall should seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories territory of the other Parties Party with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toinclude: (a) recognition by a Party of the results of conformity assessments performed in the territory of another other Party’s territory; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) Mutual Recognition Agreements (MRAs) for conformity assessment to specific regulations: agreements on mutual recognition acceptance of the results of conformity assessment procedures conducted by bodies located in the territory of each the other Party; (d) use of accreditation of to qualify conformity assessment bodies located in the territory of another the other Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; andthe other Party; (g) suppliers' declaration of conformity; and (h) voluntary arrangements between conformity assessments bodies located in each Party’s territory. 32. Each Party The Parties shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) these and other appropriate similar approaches with a view to facilitating acceptance of conformity assessment results. 3. Where a Party does not accept the acceptance results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision. 4. Each Party may accredit, approve, license, or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognises a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve, license, or otherwise recognise a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision. 5. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures. 4. A Party procedures conducted by bodies in the other Party’s territory, it shall, upon on request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party, explain the reasons for its decision.

Appears in 4 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties agree to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing increase efficiency, avoiding avoid duplication and ensuring ensure cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad through an appropriate range of approaches. These may include mechanisms, including, but are not limited to: : (a) facilitating recognition of cooperative arrangements between accreditation agencies from each other's territory; (b) implementing unilateral recognition by a one Party of the results of conformity assessments performed in the territory of another other Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; 's territory; (c) implementing mutual recognition of conformity assessment procedures conducted by bodies located in the territory respective territories of each Party; the Parties; (d) recognising accreditation procedures for qualifying conformity assessment bodies; (e) supporting government recognition of conformity assessment bodies in the territory of another Party; (e) use of existing regional bodies; and international multilateral recognition agreements and arrangements; (f) designating accepting suppliers' declarations of conformity, where appropriate. 2. The Parties shall seek to ensure that conformity assessment procedures applied between them facilitate trade by ensuring that they are no more restrictive than is necessary to provide an importing Party with confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create. Any agreements or arrangements on mutual recognition of conformity assessment concluded between the Parties under this Agreement shall be included in Annexes and Implementing Arrangements to this Chapter pursuant to Article 102. 3. The Parties may consult on such matters as the technical competence of the conformity assessment bodies located involved, as appropriate to enhance confidence in the territory continued reliability of another Party to perform each other's conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the assessment results, before accepting results of a conformity assessment procedures. procedure. 4. A Party shall, upon on the request of another the other Party, explain its reasons for not accepting the results of any a conformity assessment procedure performed in the territory of that other Party.

Appears in 4 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results In respect of mandatory conformity assessment procedures the Parties shall apply paragraph 1 of other PartiesArticle 5.4 (Technical Regulations), even where those procedures differ from its ownmutatis mutandis, provided it is satisfied that those procedures offer with a view to avoiding unnecessary obstacles to trade and ensuring transparency and non-discrimination. 2. In line with Article 5.1.2 of the TBT Agreement, when an importing Party requires positive assurance of conformity with its applicable technical regulations or standards equivalent standards, its conformity assessment procedures shall neither be stricter nor applied more strictly than necessary to give that Party adequate confidence that products conform with its own proceduresapplicable technical regulations or standards, taking account of the risks non-conformity would create. 23. Each Party shall seek The Parties recognise that a broad range of mechanisms exists to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regardother Party, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toincluding: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party; (c) use of accreditation to qualify conformity assessment bodies located in the territory of either Party; (d) government designation of conformity assessment bodies, including bodies located in the territory of the other Party; (e) unilateral recognition by a Party of the results of conformity assessments performed assessment procedures conducted in the territory of another the other Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 3 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. In cases where a positive assurance is required that products conform with technical regulations or standards, and relevant international standards, guides or recommendations issued by international standardising bodies exist or their completion is imminent, Parties shall ensure that central government bodies use them, or the relevant parts of them, as a basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards, guides, or recommendations or relevant parts are inappropriate for the Parties concerned, for, inter alia, such reasons as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems. 2. Procedures for assessment of conformity by central government bodies of each Party shall be in accordance with Article 5 of the TBT Agreement. 3. Each Party shall give positive consideration to accepting the ensure, whenever possible, that results of the conformity assessment procedures of in the other PartiesParty are accepted, even where when those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 24. A Party shall, upon request of the other Party, explain its reasons for not accepting the results of a conformity assessment procedure conducted in the other Party. Each Party shall seek recognises that, a broad range of mechanisms exists to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty. In this regard, each Party Such mechanisms may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toinclude: (a) mutual recognition by a Party of agreements for the results of conformity assessments performed assessment procedures conducted by bodies in the territory of another PartyParties; (b) recognition of co-operative cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the territories of the Parties; (c) mutual recognition use of accreditation to qualify conformity assessment procedures conducted bodies, including through relevant multilateral agreements or arrangements to recognise the accreditation granted by bodies located in the territory of each Partyother Parties; (d) accreditation designation of conformity assessment bodies in the territory of another other Party; (e) use unilateral recognition by a Party, of existing regional and international multilateral recognition agreements and arrangements;results of conformity assessment procedures conducted in the other Party; and (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ manufacturer's or supplier's declaration of conformity. 35. Each Party Upon reasonable request, the Parties shall exchange information with other Parties and/or share experiences on its experience the mechanisms referred to in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches paragraph 4 above, with a view to facilitating the acceptance of the results of conformity assessment procedures. 46. A Each Party shall, if it considers appropriate, permit participation of conformity assessment bodies in the other Party, in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in the Party. 7. Where a Party permits participation of its conformity assessment bodies and does not permit participation of conformity assessment bodies in the other Party, in its conformity assessment procedures, it shall, upon written request of another that Party, explain the reason for its reasons for not accepting refusal in writing. 8. The Parties recognise the results important role that relevant regional or international organisations can play in cooperation in the area of any conformity assessment. In this regard, each Party shall take into consideration the participation status or membership in such organisations of relevant bodies in the Parties in facilitating this cooperation. 9. The Parties agree to encourage cooperation between their relevant conformity assessment procedure performed bodies in working closer with a view to facilitating the territory acceptance of that other Partyconformity assessment results between Parties.

Appears in 3 contracts

Sources: Technical Barriers to Trade Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement

Conformity Assessment Procedures. 1. Further to paragraph 4 of Article 5 of the TBT Agreement, each Party shall ensure that central government bodies use relevant international standards or their relevant parts as a basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards or relevant parts are inappropriate for the Party concerned, for, inter alia, such reasons as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems. 2. Each Party shall give positive consideration to recognises the importance of accepting the results of conformity assessment procedures conducted in another Party with a view to increasing efficiency, avoiding duplication, and ensuring cost effectiveness of other Partiesconformity assessments. 3. Each Party shall ensure, whenever possible, that results of conformity assessment procedures in another Party are accepted, even where when those procedures differ from its own, provided it is satisfied that unless those procedures do not offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 24. A Party shall, on request of another Party, explain its reasons for not accepting the results of a conformity assessment procedure conducted in the other Party. 5. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may chooserecognises that, depending on the situation of the Party and the specific sectors involved, a broad range of approachesmechanisms exists to facilitate the acceptance of the results of conformity assessment procedures conducted in another Party. These Such mechanisms may include but are not limited toinclude: (a) mutual recognition by a Party of agreements for the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory Parties concerned; (b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the Parties concerned; (c) the use of each Partyaccreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements, to recognise the accreditation granted by other Parties; (d) accreditation the designation of conformity assessment bodies in the territory of another Party; (e) use unilateral recognition by a Party of existing regional and international multilateral recognition agreements and arrangements;results of conformity assessment procedures conducted in another Party; and (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ manufacturer's or supplier's declaration of conformity. 36. Each Party Upon reasonable request, the Parties concerned shall exchange information with other Parties or share experiences on its experience the mechanisms referred to in the paragraph 5, including their development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches application, with a view to facilitating the acceptance of the results of conformity assessment procedures. 47. A The Parties recognise the important role that relevant international, including regional, organisations can play in cooperation in the area of conformity assessment. In this regard, each Party shall take into consideration the participation statusor membership in such organisations of relevant bodies in the Parties in facilitating this cooperation. 8. The Parties agree to encourage cooperation between their relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment results between Parties. 9. Each Party shall, upon request whenever possible, permit the participation of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed bodies in another Party in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in the territory Party. 10. Where a Party permits participation of its conformity assessment bodies and does not permit participation of conformity assessment bodies in another Party in its conformity assessment procedures, it shall, on request of that other Party, explain the reason for its refusal decision.

Appears in 3 contracts

Sources: Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each The provision of paragraph 1 of Article 4.6 (Technical Regulations) with respect to the preparation, adoption, and application of technical regulations, shall also apply, mutatis mutandis, to conformity assessment procedures. 2. In accordance with Article 5.1.2 of the TBT Agreement, each Party shall ensure that their conformity assessment procedures are not prepared, adopted, or applied with a view to or with the effect of creating unnecessary obstacles to trade. This means, inter alia, that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give positive consideration the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create. 3. The Parties recognise that, depending on specific sectors involved, a broad range of mechanisms exists to accepting facilitate the acceptance in a Party’s territory of the results of conformity assessment procedures conducted in the other Party’s territory. Such mechanisms may include: (a) recognising existing multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognising the other Party’s designation of conformity assessment bodies; (c) encouraging voluntary arrangements between conformity assessment bodies in the territory of each Party; (d) accepting a supplier’s declaration of conformity, where appropriate; (e) harmonisation of criteria for conformity assessment bodies’ designation, including accreditation procedures; (f) use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements to recognise the accreditation granted by other Parties; or (g) other mechanisms as mutually agreed by the Parties. 4. The Parties shall ensure, whenever appropriate, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even where when those procedures differ from its own, provided it is satisfied that those procedures offer an a satisfactory assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision. 25. Each Party shall seek In order to enhance confidence in the acceptance consistent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved. 6. The Parties may, upon request by a Party, enter into consultations to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures conducted in procedures. The Parties shall consider the territories possibility of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) negotiating agreements or arrangements for mutual recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of their respective conformity assessment procedures conducted by bodies located in the territory areas mutually agreed upon. 7. The Parties shall endeavour to intensify their exchange of each Party; (d) accreditation of information on acceptance mechanisms, conformity assessment bodies in the territory of another Party; (e) use of existing regional procedures, and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches accreditation policy with a view to facilitating the acceptance of the results of conformity assessment proceduresresults. 48. A Where a Party permits participation of its conformity assessment bodies and does not permit participation of the conformity assessment bodies of the other Party, in its conformity assessment procedures it shall, upon on written request of another that Party, explain the reason for its reasons for not accepting the results of any conformity assessment procedure performed refusal in the territory of that other Partywriting.

Appears in 3 contracts

Sources: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting The Parties shall, recognising the results existence of differences in the structure,organisation and operation of conformity assessment procedures of other Partiesin their respective territories, even where make compatible those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own proceduresthe greatest extent practicable. 2. Each Party shall seek to enhance the acceptance of shall, wherever possible, accept the results of a conformity assessment procedures procedure conducted in the territories territory of the other Party, provided that it is satisfied that the procedure offers an assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory the results of which it accepts, that the relevant good complies with the applicable technical regulation or standard adopted or maintained in the Party's territory. 3. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness may consult on such matters as the technical competence of the conformity assessmentsassessment bodies involved, as appropriate. 4. In this regardRecognising that it should be to the mutual advantage of the Parties, each Party may chooseaccredit, depending on the situation of the Party and the specific sectors involvedapprove, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of license or otherwise recognise conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating the other Party on terms no less favourable than those accorded to conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformityits territory. 35. Each Party shall exchange information with other Parties shall, on its experience in the development and application request of the approaches other Party, take such reasonable measures as may be available to it to facilitate access in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of its territory for conformity assessment procedures. 46. A Each Party shall, upon shall give sympathetic consideration to a request by the other Party to negotiate agreements for the recognition of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party's conformity assessment procedures in the agreed sector. 7. Each Party shall utilise to the maximum possible extent existing mutual recognition arrangements in relation to the acceptance of conformity assessment processes and procedures. 8. Each Party shall take steps to implement Parts 1, 2 and 3 of the APEC Mutual Recognition Arrangement for Conformity Assessment of Electrical and Electronic Equipment with respect to the other Party.

Appears in 3 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied The Parties recognise that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: mechanisms exist to facilitate the acceptance of conformity assessment results, including: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) unilateral recognition by a one Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; 's territory; (c) cooperative arrangements among conformity assessment bodies from each other's territory; (d) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each another Party; ; (de) accreditation procedures for qualifying conformity assessment bodies; (f) government designation of conformity assessment bodies bodies; and (g) devising solutions to increase administrative efficiency, that avoid duplication and are cost effective. 2. The Parties shall intensify their exchange of information on the range of mechanisms to facilitate the acceptance of conformity assessment results. 3. The Parties shall seek to ensure that conformity assessment procedures applied among them facilitate trade by ensuring that they are no more restrictive than is necessary to provide an importing Party with confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create. 4. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the territory continued reliability of another Party; (e) use each other's conformity assessment results, the Parties may consult on such matters as the technical competence of existing regional and international multilateral recognition agreements and arrangements; (f) designating the conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3involved, as appropriate. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 45. A Party shall, upon on the request of another Party, explain its reasons for not accepting the results of any a conformity assessment procedure performed in the territory of that other Party.

Appears in 2 contracts

Sources: Trans Pacific Strategic Economic Partnership Agreement, Trans Pacific Strategic Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognise that a broad range of mechanisms exist to accepting facilitate the acceptance of conformity assessment results, including: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) voluntary arrangements between conformity assessment bodies from each Party's territory; (c) agreements on mutual acceptance of the results or certification of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical respect to specified regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each the other Party; ; (d) accreditation procedures for qualifying conformity assessment bodies; (e) government designation of conformity assessment bodies in the territory of another Party; (e) use of existing regional bodies; and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another recognition by one Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment proceduresprocedures performed in the other Party's territory on a unilateral basis for a sector nominated by that Party. 2. To this end, the Parties shall intensify their exchange of information on the variety of mechanisms to facilitate the acceptance of conformity assessment results or certification. 3. The Parties shall seek to ensure that conformity assessment procedures applied between the Parties facilitate trade by ensuring that they are no more restrictive than necessary to provide an importing Party with confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create. 4. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties may consult on such matters as the technical competence of the conformity assessment bodies involved, as appropriate. 5. A Party shall, upon on the request of another the other Party, explain its reasons for not accepting the results of any a conformity assessment procedure performed in the territory of that other Party.

Appears in 2 contracts

Sources: Economic Partnership Agreement, Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results In respect of mandatory conformity assessment procedures the Parties shall apply paragraph 1 of other PartiesArticle 5.4 (Technical Regulations), even where those procedures differ from its ownmutatis mutandis, provided it is satisfied that those procedures offer with a view to avoiding unnecessary obstacles to trade and ensuring transparency and non-discrimination. 2. In line with Article 5.1.2 of the TBT Agreement, when an importing Party requires positive assurance of conformity with its applicable technical regulations or standards equivalent standards, its conformity assessment procedures shall neither be stricter nor applied more strictly than necessary to give this Party adequate confidence that products conform with its own proceduresapplicable technical regulations or standards, taking account of the risks non-conformity would create. 23. Each Party shall seek The Parties recognise that a broad range of mechanisms exists to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regardother Party, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toincluding: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party; (c) use of accreditation to qualify conformity assessment bodies located in the territory of either Party; (d) government designation of conformity assessment bodies, including bodies located in the territory of the other Party; (e) unilateral recognition by a Party of the results of conformity assessments performed assessment procedures conducted in the territory of another the other Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 2 contracts

Sources: Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) : recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) ; recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) ; mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) ; accreditation of conformity assessment bodies in the territory of another Party; (e) ; use of existing regional and international multilateral recognition agreements and arrangements; (f) ; designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) and suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 2 contracts

Sources: Free Trade Agreement, Free Trade Agreement

Conformity Assessment Procedures. 1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment results, including: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) voluntary arrangements between conformity assessment bodies from each Party's territory; (c) agreements on mutual acceptance of the results or certification of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other Party; (d) accreditation procedures for qualifying conformity assessment bodies; (e) government designation of conformity assessment bodies; and (f) recognition by one Party of the results of conformity assessment procedures performed in the other Party's territory on a unilateral basis for a sector nominated by that Party. 2. To this end, the Parties shall intensify their exchange of information on the variety of mechanisms to facilitate the acceptance of conformity assessment results or certification. 3. Each Party shall give positive consideration to accepting accept the results of conformity assessment procedures of carried out in the other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2Party. Each Where a Party shall seek to enhance the acceptance of does not accept the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that the other Party, it shall, on request of the other Party, explain its reasons. 4. Each Party shall accredit, approve, license, or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory. If a Party accredits, approves, licenses, or otherwise recognizes a body assessing conformity with a particular technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request, explain the reasons for its refusal.

Appears in 1 contract

Sources: Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results In respect of mandatory conformity assessment procedures the Parties shall apply paragraph 1 of other PartiesArticle 5.4 (Technical Regulations), even where those procedures differ from its ownmutatis mutandis, provided it is satisfied that those procedures offer with a view to avoiding unnecessary obstacles to trade and ensuring trans­ parency and non-discrimination. 2. In line with Article 5.1.2 of the TBT Agreement, when an importing Party requires positive assurance of conformity with its applicable technical regulations or standards equivalent standards, its conformity assessment procedures shall neither be stricter nor applied more strictly than necessary to give that Party adequate confidence that products conform with its own proceduresapplicable technical regulations or standards, taking account of the risks non-conformity would create. 23. Each Party shall seek The Parties recognise that a broad range of mechanisms exists to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regardother Party, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toincluding: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party; (c) use of accreditation to qualify conformity assessment bodies located in the territory of either Party; (d) government designation of conformity assessment bodies, including bodies located in the territory of the other Party; (e) unilateral recognition by a Party of the results of conformity assessments performed assessment procedures conducted in the territory of another the other Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration recognizes that a broad range of mechanisms exists to accepting facilitate the results acceptance of conformity assessment procedures of conducted in the other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.Party’s territory. For example: 2. Each (a) the importing Party shall seek to enhance the acceptance of may recognize the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another other Party; (b) recognition of co-operative conformity assessment bodies located in each Party’s territory may enter into voluntary arrangements between accreditation bodies in to accept the territories results of the Partiesother’s assessment procedures; (c) mutual recognition of conformity assessment a Party may adopt accreditation procedures conducted by bodies located in the territory of each Party;for qualifying conformity (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating a Party may designate conformity assessment bodies located in the territory of another Party to perform conformity assessmentthe other Party; and (ge) suppliers’ the importing Party may rely on a supplier’s declaration of conformity. The Parties shall intensify their exchange of information on these and similar mechanisms. 2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of accredit, approve, license, or otherwise recognize conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or otherwise recognizes a body assessing conformity with a specific technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Partiesanother Party, even where when those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories Area of other Parties another Party with a view to increasing efficiency, avoiding duplication duplication, and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toinclude: (a) recognition by a Party of the results of conformity assessments performed in the territory Area of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories Areas of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory Area of each Party; (d) accreditation of conformity assessment bodies in the territory Area of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory Area of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformity, where applicable. 3. Each Party shall exchange information with other Parties another Party on its experience in the development and application of the approaches set out in Paragraph 2(asubparagraphs 2 (a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory Area of that other the requesting Party.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of the other PartiesParty, even where if those procedures differ from its own, provided that it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek shall, subject to enhance its policies, practices and available resources, facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness Area of the conformity assessmentsother Party. In this regard, each a Party may choose, depending on the situation of the Party and the specific sectors involved, choose a broad range of approaches. These may include but are not limited to, including, where applicable: (a) recognition by a Party of the results of conformity assessments performed in the territory Area of another the other Party; (b) recognition of co-operative cooperative or voluntary arrangements between accreditation bodies in the territories Area of the Partieseach Party; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory Area of each the other Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (fe) designating adoption of accreditation procedures for qualifying conformity assessment bodies located in the territory Area of another the other Party; (f) designation of conformity assessment bodies located in the Area of the other Party to perform conformity assessment; andor (g) acceptance of suppliers’ declaration of conformity. 3. Each Party shall shall, on request of the other Party, exchange information with the other Parties Party on its experience in the development and application of the approaches in Paragraph 2(a) to (g) paragraph 2 and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon on request of another the other Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory Area of that the other Party.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration recognizes that a broad range of mechanisms exists to accepting facilitate the results acceptance of conformity assessment procedures of conducted in the other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.Party’s territory. For example: 2. Each (a) the importing Party shall seek to enhance the acceptance of may recognize the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another other Party; (b) recognition of co-operative conformity assessment bodies located in each Party’s territory may enter into voluntary arrangements between accreditation bodies in to accept the territories results of the Partiesother’s assessment procedures; (c) mutual recognition of conformity assessment a Party may adopt accreditation procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating for qualifying conformity assessment bodies located in the territory of another the other Party; (d) a Party to perform may designate conformity assessmentassessment bodies located in the territory of the other Party; and (ge) suppliers’ the importing Party may rely on a supplier’s declaration of conformity. The Parties shall intensify their exchange of information on these and similar mechanisms. 2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision. 3. Each Party shall exchange information with other Parties on its experience accredit, approve, license, or otherwise recognize conformity assessment bodies in the development and application territory of the approaches other Party on terms no less favorable than those it accords to conformity assessment bodies in Paragraph 2(a) to (g) and other appropriate approaches its territory. Where a Party accredits, approves, licenses, or otherwise recognizes a body assessing conformity with a view specific technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision. 4. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating the acceptance recognition in its territory of the results of conformity assessment procedures. 4. A Party procedures conducted by bodies in the other Party’s territory, it shall, upon on request of another the other Party, explain its the reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Partyits decision.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognize that a broad range of mechanisms exist to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty’s territory. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toFor example: (a) recognition by a Party of may agree with the other Party to accept the results of conformity assessments performed assessment procedures that bodies located in the other Party’s territory of another Partyconduct with respect to specific technical regulations; (b) recognition of co-operative arrangements between a Party may adopt accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating for qualifying conformity assessment bodies located in the territory other Party’s territory; (c) a Party may designate conformity assessment bodies located in the other Party’s territory; (d) a Party may recognize the results of another Party conformity assessment procedures conducted in the other Party’s territory; (e) conformity assessment bodies located in each of the Parties’ territories may enter into voluntary arrangements to perform conformity assessmentaccept the results of each other’s assessment procedures; and (gf) suppliers’ the importing Party may rely on a supplier’s declaration of conformity. 32. Each Party The Parties shall exchange information with other Parties on its their experience in the development and application of the approaches in Paragraph 2(a) to (g) paragraph 1 and other appropriate approaches and therefore encourage their conformity assessment bodies to work closer with a view to facilitating the acceptance of conformity assessment results between both Parties. 3. Each Party shall ensure that conformity assessment procedures are prepared, adopted and applied so as to grant access of like products originating in the territory of the other Party under conditions no less favorable than those accorded to suppliers of like products of national origin. 4. The Parties shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. 45. A Party shall, upon request of another Party, explain its reasons The Parties shall cooperate to limit the processing period and fees to the extent necessary for not accepting the results of any conformity assessment procedure performed in the territory of that other Partyprocedures.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration recognizes that a broad range of mechanisms exists to accepting facilitate the results acceptance of conformity assessment procedures of conducted in the other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.Party's territory. For example: 2. Each (a) the importing Party shall seek to enhance the acceptance of may recognize the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another other Party; (b) recognition of co-operative conformity assessment bodies located in each Party's territory may enter into voluntary arrangements between accreditation bodies in to accept the territories results of the Partiesother's assessment procedures; (c) mutual recognition of conformity assessment a Party may adopt accreditation procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating for qualifying conformity assessment bodies located in the territory of another the other Party; (d) a Party to perform may designate conformity assessmentassessment bodies located in the territory of the other Party; and (ge) suppliers’ the importing Party may rely on a supplier's declaration of conformity. The Parties shall intensify their exchange of information on these and similar mechanisms. 2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision. 3. Each Party shall exchange information with other Parties on its experience accredit, approve, license, or otherwise recognize conformity assessment bodies in the development and application territory of the approaches other Party on terms no less favorable than those it accords to conformity assessment bodies in Paragraph 2(a) to (g) and other appropriate approaches its territory. Where a Party accredits, approves, licenses, or otherwise recognizes a body assessing conformity with a view specific technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision. 4. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating the acceptance recognition in its territory of the results of conformity assessment procedures. 4. A Party procedures conducted by bodies in the other Party's territory, it shall, upon on request of another the other Party, explain its the reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Partyits decision.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting The Parties shall, recognising the results existence of differences in the structure, organisation and operation of conformity assessment procedures of other Partiesin their respective territories, even where make compatible those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own proceduresthe greatest extent practicable. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other The Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, recognise that a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party mechanisms exist to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating facilitate the acceptance of the results of conformity assessment procedures. 3. Each Party shall, wherever possible, accept the results of a conformity assessment procedure conducted in the territory of the other Party, provided that it is satisfied that the procedure offers an assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory the results of which it accepts, that the relevant good complies with the applicable technical regulation or standard adopted or maintained in the Party's territory. 4. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties may consult, as appropriate, on such matters as the technical competence of the conformity assessment bodies involved. 5. A Party shall, upon on the request of another the other Party, explain its reasons for where it does not accepting accept the results of any a conformity assessment procedure performed conducted in the territory of the other Party. 6. A Party shall, on the request of the other Party, take such reasonable measures as may be available to it to facilitate access in its territory for conducting conformity assessment procedures. 7. A Party shall give appropriate consideration to a request by the other Party to negotiate Annexes to this Chapter and Implementing Arrangements for the recognition of the results of that other Party's conformity assessment procedures in agreed sectors. 8. The Parties shall utilise to the maximum extent possible existing mutual recognition arrangements in relation to the acceptance of conformity assessment procedures. 9. The Parties shall give appropriate consideration, where possible, to participation in any future mutual recognition arrangements developed within APEC.

Appears in 1 contract

Sources: Closer Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting The Parties shall, recognising the results existence of differences in the structure, organisation and operation of conformity assessment procedures of other Partiesin their respective territories, even where make compatible those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own proceduresthe greatest extent practicable. 2. Each Party shall seek to enhance the acceptance of shall, wherever possible, accept the results of a conformity assessment procedures procedure conducted in the territories territory of the other Party, provided that it is satisfied that the procedure offers an assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory the results of which it accepts, that the relevant good complies with the applicable technical regulation or standard adopted or maintained in the Party's territory. 3. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness may consult on such matters as the technical competence of the conformity assessmentsassessment bodies involved, as appropriate. 4. In this regardRecognising that it should be to the mutual advantage of the Parties, each Party may chooseaccredit, depending on the situation of the Party and the specific sectors involvedapprove, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of license or otherwise recognise conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating the other Party on terms no less favourable than those accorded to conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ declaration of conformityits territory. 35. Each Party shall exchange information with other Parties shall, on its experience in the development and application request of the approaches other Party, take such reasonable measures as may be available to it to facilitate access in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of its territory for conformity assessment procedures. 46. A Each Party shall, upon shall give sympathetic consideration to a request by the other Party to negotiate agreements for the recognition of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party's conformity assessment procedures in the agreed sector. 7. Each Party shall utilise to the maximum possible extent existing mutual recognition arrangements in relation to the acceptance of conformity assessment processes and procedures. 8. Each Party shall take steps to implement Parts 1, 2 and 3 of the APEC Mutual Recognition Arrangement for Conformity Assessment of

Appears in 1 contract

Sources: Industrial Technical Barriers to Trade

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognize that a broad range of mechanisms exist to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty's territory. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toFor example: (a) recognition by a Party of may agree with the other Party to accept the results of conformity assessments performed assessment procedures that bodies located in the other Party's territory of another Partyconduct with respect to specific technical regulations; (b) recognition of co-operative arrangements between a Party may adopt accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating for qualifying conformity assessment bodies located in the territory other Party's territory; (c) a Party may designate conformity assessment bodies located in the other Party's territory; (d) a Party may recognize the results of another Party conformity assessment procedures conducted in the other Party's territory; (e) conformity assessment bodies located in each of the Parties' territories may enter into voluntary arrangements to perform conformity assessmentaccept the results of each other's assessment procedures; and (gf) suppliers’ the importing Party may rely on a supplier's declaration of conformity. 32. Each Party The Parties shall exchange information with other Parties on its their experience in the development and application of the approaches in Paragraph 2(a) to (g) paragraph 1 and other appropriate approaches and therefore encourage their conformity assessment bodies to work closer with a view to facilitating the acceptance of conformity assessment results between both Parties. 3. Each Party shall ensure that conformity assessment procedures are prepared, adopted and applied so as to grant access of like products originating in the territory of the other Party under conditions no less favorable than those accorded to suppliers of like products of national origin. 4. The Parties shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. 45. A Party shall, upon request of another Party, explain its reasons The Parties shall cooperate to limit the processing period and fees to the extent necessary for not accepting the results of any conformity assessment procedure performed in the territory of that other Partyprocedures.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognise that a broad range of mechanisms exists to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty's territory. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These Such mechanisms may include but are not limited tothe: (a) recognition by a Party use of the results accreditation to qualify conformity assessment bodies including designation of conformity assessments performed in the territory of another Partyassessment bodies; (b) recognition of co-operative arrangements between accreditation bodies in the territories acceptance of the Parties; (c) mutual recognition results of conformity assessment procedures conducted by conformity assessment bodies located in the other Party’s territory with respect to specific technical regulations; (c) recognition of each Partyexisting regional, international and multilateral recognition agreements and arrangements between conformity assessment bodies; (d) accreditation designation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another the other Party to perform carry out conformity assessmentassessment activities, or recognition of the other Party’s designation of conformity assessment bodies; (e) unilateral recognition of the results of conformity assessment procedures performed in the other Party’s territory; (f) acceptance of a supplier’s declaration of conformity; and (g) suppliers’ declaration facilitation of conformityvoluntary arrangements between conformity assessment bodies located in the territory of each Party to accept the results of each other’s conformity assessment procedures. 32. Each Party shall The Parties may exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) these and other appropriate approaches similar mechanisms with a view to facilitating acceptance of conformity assessment results proposed by a Party. 3. If a Party declines: (a) A request from the acceptance other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures.; 4. A Party shall, upon request of another Party, explain its reasons for not accepting (b) the results of any a conformity assessment procedure performed conducted in the territory of the other Party by a recognised conformity assessment body under bilateral recognition agreement and arrangement; or (c) accreditation, designation or other recognition under bilateral or multilateral recognition agreement or arrangement to which the Parties are one of the signatures or a side to, with respect to a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall explain the reasons for its decision.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party The Parties shall seek to enhance use, on a case by case basis, a broad range of mechanisms to facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness Area of the conformity assessments. In this regardother Party, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toincluding: (a) promoting recognition of cooperative arrangements between accreditation agencies located in each other’s Area; (b) implementing unilateral recognition by a one Party of the results of conformity assessments performed in the territory of another other Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties’s Area; (c) implementing mutual recognition of conformity assessment procedures conducted by bodies located in the territory respective Areas of each Partythe Parties; (d) recognising accreditation procedures of the other Party for qualifying conformity assessment bodies in the territory of another that Party’s Area; (e) use recognising the other Party’s designation of existing conformity assessment bodies; (f) utilising relevant regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party to perform conformity assessment; and (g) suppliers’ accepting the declaration of conformityconformity by a supplier in the other Party’s Area. 32. Each Party The Parties shall intensify their exchange of information with other Parties on its experience in the development and application of the approaches mechanisms set out in Paragraph 2(a) to (g) 1 and other appropriate approaches similar mechanisms with a view to facilitating the acceptance of the results of conformity assessment proceduresprocedures and results. 3. The Parties shall seek to ensure that conformity assessment procedures applied between them facilitate trade by ensuring that they are no more restrictive than is necessary to provide the importing Party with adequate confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create. 4. A Party may accredit or otherwise recognise conformity assessment bodies in the Area of the other Party. The terms of accreditation or recognition shall be no less favourable than those it accords to conformity assessment bodies in its Area. If a Party accredits or otherwise recognises a body assessing conformity with a particular technical regulation or standard and that Party refuses to accredit or otherwise recognise a body of the other Party assessing conformity with that technical regulation or standard, it shall, upon at the request of another the other Party, explain its give the reasons for its refusal. 5. To enhance confidence in the continued reliability of each other’s conformity assessment results, the Parties may consult, as appropriate, on matters such as the technical competence of conformity assessment bodies in the other Party. 6. A Party shall, at the request of the other Party, give the reasons why it has not accepting accepted the results of any conformity assessment procedure performed in the territory Area of that the other Party. 7. Each Party shall give positive consideration to a request by the other Party to negotiate and conclude arrangements to facilitate recognition of the results of conformity assessment procedures conducted by bodies located in the other Party. Where a Party declines such a request, it shall, at the request of the other Party, give its reasons for doing so.

Appears in 1 contract

Sources: Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognise that a broad range of mechanisms exist to accepting facilitate the acceptance of results of the conformity assessments carried out in the territory of another State Party, including: (a) agreements on the mutual recognition of the results of conformity assessment procedures procedures, with respect to specific technical regulations, performed by bodies located in the territory of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance the State Parties concerned; (b) use of accreditation to qualify conformity assessment bodies; (c) government approval or designation of conformity with applicable technical regulations or standards equivalent to its own procedures.assessment bodies; 2. Each Party shall seek to enhance the acceptance (d) unilateral recognition of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another State Party's territory; (be) recognition of co-operative voluntary arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Partythe State Parties; (ef) acceptance by the importing State Party of a supplier's declaration of conformity; or (g) the use of existing regional and or international multilateral recognition agreements and arrangements;arrangements of which the Parties concerned are parties. 2. With respect to the mechanisms listed in paragraph 1, the Parties recognise that the choice of the appropriate mechanisms in a given regulatory context depends on the legal framework of each State Party and a variety of factors, such as the product and sector involved, the volume and direction of trade, the legitimate objectives pursued, and the risks of non-fulfilment of those objectives. 3. Upon request by a State Party, the Parties concerned may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors, pursuant to Article 8.4 (f) designating Cooperation on trade facilitating initiatives). 4. When a State Party allows the participation of conformity assessment bodies located in the territory of another State Party in its conformity assessment procedures, such State Party shall apply the same or equivalent criteria and other conditions to accredit, approve, license, or otherwise recognise such conformity assessment bodies, on terms no less favourable than those it accords to conformity assessment bodies in its own territory. 5. Paragraphs 3 and 4 shall not preclude a State Party from undertaking conformity assessment in relation to a specific product solely within specified government bodies located in its own territory or in another State Party's territory, in a manner consistent with its obligations under the TBT Agreement. 6. If a State Party requires non-governmental third party conformity assessment body or bodies to carry out a conformity assessment procedure, the State Party shall: (a) use international standards for accreditation and conformity assessment, as well as international agreements involving the Parties' accreditation bodies; (b) where applicable, consider joining, or encourage the State Party's testing, inspection and certification bodies to join the relevant international agreements or arrangements; (c) ensure that, insofar as two or more conformity assessment bodies are authorised by a State Party to perform carry out conformity assessmentassessment procedures required for placing the product on the market, economic operators may choose among them; (d) ensure that conformity assessment bodies operate objectively and independently of manufacturers, importers and distributors in the sense that they carry out their activities with objectivity and independence of judgment; (e) ensure that there are no conflicts of interest between the conformity assessment bodies and accreditation bodies as well as market surveillance authorities; and (gf) suppliers’ declaration make publicly available the bodies that it has recognised to perform such conformity assessment and relevant information on the scope of conformityeach body's designation. 37. Each For the purposes of applying Article 5 (5.9) (Procedures for Assessment of Conformity) of the TBT Agreement, the term "reasonable interval" means normally a period of not less than 6 (six) months, except when this would be ineffective in fulfilling the legitimate objectives pursued by the requirements concerning the conformity assessment procedure. 8. Further to subparagraph 5.2.5 of Article 5 (5.2) (Procedures for Assessment of Conformity) the TBT Agreement, each State Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) endeavour to (g) and other appropriate approaches with a view to facilitating the acceptance of the results of conformity assessment procedures. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of establish any conformity assessment procedure performed fee imposed by government authorities of the State Party, in accordance with the territory approximate cost of that other Partythe services rendered.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting The Parties shall, recognising the results existence of differences in the structure, organisation and operation of conformity assessment procedures of other Partiesin their respective territories, even where make compatible those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own proceduresthe greatest extent practicable. 2. Each Party shall seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territories of other The Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, recognise that a broad range of approaches. These may include but are not limited to: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of another Party mechanisms exist to perform conformity assessment; and (g) suppliers’ declaration of conformity. 3. Each Party shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches with a view to facilitating facilitate the acceptance of the results of conformity assessment procedures. 3. Each Party shall, wherever possible, accept the results of a conformity assessment procedure conducted in the territory of the other Party, provided that it is satisfied that the procedure offers an assurance, equivalent to that provided by a procedure it conducts or a procedure conducted in its territory the results of which it accepts, that the relevant good complies with the applicable technical regulation or standard adopted or maintained in the Party's territory. 4. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties may consult, as appropriate, on such matters as the technical competence of the conformity assessment bodies involved. 5 A Party shall, on the request of the other Party, explain its reasons where it does not accept the results of a conformity assessment procedure conducted in the territory of the other Party. 6. A Party shall, upon on the request of another the other Party, explain take such reasonable measures as may be available to it to facilitate access in its reasons territory for not accepting conducting conformity assessment procedures. 7. A Party shall give appropriate consideration to a request by the other Party to negotiate Annexes to this Chapter and Implementing Arrangements for the recognition of the results of any conformity assessment procedure performed in the territory of that other Party's conformity assessment procedures in agreed sectors. 8. The Parties shall utilise to the maximum extent possible existing mutual recognition arrangements in relation to the acceptance of conformity assessment procedures. 9. The Parties shall give appropriate consideration, where possible, to participation in any future mutual recognition arrangements developed within APEC.

Appears in 1 contract

Sources: Technical Barriers to Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give ensure that, where it requires a positive consideration to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations conformity, the required procedures are not more strict than is necessary, and grant access for suppliers from the other Party under conditions no less favourable than those accorded to suppliers of like products of national origin or standards equivalent to its own proceduresoriginating in any other country, as provided in Article 5.1 of the TBT Agreement. 2. Each Party shall seek The Parties recognise that a broad range of mechanisms exists to enhance facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty's territory. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toSuch mechanisms include: (a) recognition by a Party of the results of conformity assessments performed in the territory of another Party; (b) facilitating recognition of co-operative arrangements between accreditation bodies in the territories agencies from each other's territory; (b) implementing mutual recognition of the Partiesresults of conformity assessment procedures performed by bodies located in each other's territory with respect to specific technical regulations; (c) mutual recognising existing regional, international and multilateral recognition of agreements and arrangements between or among accreditation bodies or conformity assessment procedures conducted by bodies located in the territory of each Partybodies; (d) recognising accreditation of procedures for qualifying conformity assessment bodies in the territory of another Partybodies; (e) use designating conformity assessment bodies or recognising the other Party's designation of existing regional and international multilateral recognition agreements and arrangementsconformity assessment bodies; (f) designating unilaterally recognising the results of conformity assessment bodies located procedures performed in the territory of another Party to perform conformity assessmentother Party's territory; and (g) suppliers’ accepting a supplier's declaration of conformity. 3. Each Party The Parties shall intensify their exchange of information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches acceptance mechanisms with a view to facilitating the acceptance of the results of conformity assessment proceduresresults. 4. A Party shall, upon on the request of another the other Party, explain its the reasons for why it has not accepting accepted the results of any conformity assessment procedure performed in the territory of that the other Party. 5. The Parties may consult on such matters as the technical competence of conformity assessment bodies designated or recognised by a Party, as appropriate, to enhance confidence in the continued reliability of each other's conformity assessment results. 6. Each Party shall give positive consideration to a request by the other Party to negotiate arrangements to facilitate acceptance of conformity assessment procedures, as referred to in paragraph 2. 7. Where a Party declines a request under paragraph 6, it shall, upon request, explain its reasons.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty's territory. In this regard, each Party Such mechanisms may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toinclude: (a) recognizing existing international multilateral recognition by a Party of the results of agreements and arrangements among conformity assessments performed in the territory of another Partyassessment bodies; (b) promoting mutual recognition of co-operative arrangements between accreditation bodies in conformity assessment results by the territories other Party, through recognising the other Party’s designation of the Partiesconformity assessment bodies; (c) mutual recognition of encouraging voluntary arrangements between conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation reliance on a supplier’s declaration of conformity assessment bodies in the territory of another Partyconformity, where appropriate; (e) use harmonising criteria for the designation of existing regional and international multilateral recognition agreements and arrangements;conformity assessment bodies, including accreditation procedures, or (f) designating other mechanisms agreed by the Parties. 2. Each Party shall ensure, whenever possible, that the results of conformity assessment bodies located procedures conducted in the territory of another the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to perform its own procedures. Where a Party does not accept the results of a conformity assessment; and (g) suppliers’ declaration assessment procedure conducted in the territory of conformitythe other Party, it shall, on request of the other Party, explain the reasons for its decision. 3. In order to enhance confidence in the consistent reliability of conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved. 4. Each Party shall exchange information with give positive consideration to a request by the other Parties on its experience in Party to negotiate agreements or arrangements for the development and application mutual recognition of the approaches in Paragraph 2(a) results of their respective conformity assessment procedures. If a Party declines such a request, it shall explain the reasons for its decision. 5. The Parties shall endeavour to (g) and other appropriate approaches intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of the results of conformity assessment proceduresresults. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 1 contract

Sources: Comprehensive Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party Consistent with Article 5.1.2 of the TBT Agreement, the Parties shall give positive consideration to accepting the results of ensure that conformity assessment procedures are not prepared, adopted or applied with a view to or with the effect of other creating unnecessary obstacles to trade between the Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each The Parties shall use international standards as a basis for preparing their conformity assessment procedures unless those international standards are ineffective or inappropriate for achieving the legitimate objective pursued. 3. Where a Party shall seek does not use relevant international standards as the basis for its conformity assessment procedures, that Party shall, on request from the other Party: (a) identify any substantial deviation from the relevant international standards; and (b) explain the reasons why those international standards have been considered inappropriate or ineffective for the aim pursued. 4. The Parties recognise that a broad range of mechanisms exist to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty's territory. In this regard, each Party Such mechanisms may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toinclude: (a) recognising existing regional and multilateral mutual recognition by a Party of the results of agreements and arrangements to which both Parties’ conformity assessments performed in the territory of another Partyassessment bodies are party; (b) promoting mutual recognition of co-operative arrangements between accreditation bodies in the territories conformity assessment results by either Party through recognition of the Partiesother Party’s designation of conformity assessment bodies; (c) mutual recognition of encouraging voluntary arrangements between conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation accepting a supplier’s declaration of conformity assessment bodies in the territory of another Partywhere appropriate; (e) use harmonising criteria for the designation of existing regional and international multilateral recognition agreements and arrangements;conformity assessment bodies, including accreditation procedures; and (f) designating other mechanisms as mutually agreed by the Parties. 5. Each Party shall ensure, whenever possible, that the results of conformity assessment bodies located procedures conducted in the territory of another the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to perform its own procedures. Where a Party does not accept the results of a conformity assessment; and (g) suppliers’ declaration assessment procedure conducted in the territory of conformitythe other Party, it shall, on request of the other Party, explain the reasons for its decision. 36. In order to enhance confidence in the consistent reliability of conformity assessment results, the Parties may consult as appropriate on matters such as the technical competence of the conformity assessment bodies involved. 7. Each Party shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. 8. The Parties shall exchange information with other Parties on its experience in the development and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches acceptance mechanisms with a view to facilitating the acceptance of the results of conformity assessment proceduresresults. 4. A Party shall, upon request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party.

Appears in 1 contract

Sources: Comprehensive Economic Partnership Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration The Parties recognise that a broad range of mechanisms exists to accepting the results of conformity assessment procedures of other Parties, even where those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 2. Each Party shall seek to enhance facilitate the acceptance in a Party’s territory of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessmentsParty’s territory. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toFor example: (a) recognition by the importing Party may rely on a Party supplier’s declaration of the results of conformity assessments performed in the territory of another Partyconformity; (b) recognition conformity assessment bodies located in each Party’s territory may enter into voluntary arrangements to accept the results of co-operative arrangements between accreditation bodies in the territories of the Partieseach other’s assessment procedures; (c) mutual recognition a Party may agree with the other Party to accept the results of conformity assessment procedures conducted by that bodies located in the other Party’s territory of each Partyconduct with respect to specific technical regulations; (d) a Party may adopt accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating procedures for qualifying conformity assessment bodies located in the territory of another the other Party; (e) a Party to perform may designate conformity assessmentassessment bodies located in the territory of the other Party; and (gf) suppliers’ declaration a Party may facilitate the consideration of conformitya request by the other Party to recognise the results of conformity assessment procedures conducted by bodies in the other Party’s territory, including through negotiation of agreements in a sector nominated by that other Party. The Parties shall exchange information on these and other similar mechanisms with a view to facilitating acceptance of conformity assessment results. 2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision. 3. Each Party shall exchange information with other Parties on its experience accredit, approve, license, or otherwise recognise conformity assessment bodies in the development and application territory of the approaches other Party on terms no less favourable than those it accords to conformity assessment bodies in Paragraph 2(a) to (g) and other appropriate approaches its territory. Where a Party accredits, approves, licenses, or otherwise recognises a body assessing conformity with a view specific technical regulation or standard in its territory and refuses to accredit, approve, license, or otherwise recognise a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision. 4. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating the acceptance recognition in its territory of the results of conformity assessment procedures. 4. A Party procedures conducted by bodies in the other Party’s territory, it shall, upon on request of another Party, explain its reasons for not accepting the results of any conformity assessment procedure performed in the territory of that other Party, explain the reasons for its decision. The Parties will, if they so agree, give further consideration with respect to this matter and consider establishing an ad hoc working group, as provided for in Article 8.9.3, for this purpose.

Appears in 1 contract

Sources: Free Trade Agreement

Conformity Assessment Procedures. 1. Each Party shall give positive consideration to accepting the results In respect of mandatory conformity assessment procedures the Parties shall apply paragraph 1 of other PartiesArticle 5.4 (Technical Regulations), even where those procedures differ from its ownmutatis mutandis, provided it is satisfied that those procedures offer with a view to avoiding unnecessary obstacles to trade and ensuring transparency and non- discrimination. 2. In line with Article 5.1.2 of the TBT Agreement, when an importing Party requires positive assurance of conformity with its applicable technical regulations or standards equivalent standards, its conformity assessment procedures shall neither be stricter nor applied more strictly than necessary to give that Party adequate confidence that products conform with its own proceduresapplicable technical regulations or standards, taking account of the risks non-conformity would create. 23. Each Party shall seek The Parties recognise that a broad range of mechanisms exists to enhance facilitate the acceptance of the results of conformity assessment procedures conducted in the territories of other Parties with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness territory of the conformity assessments. In this regardother Party, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include but are not limited toincluding: (a) the importing Party's reliance on a supplier's declaration of conformity; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party; (c) use of accreditation to qualify conformity assessment bodies located in the territory of either Party; (d) government designation of conformity assessment bodies, including bodies located in the territory of the other Party; (e) unilateral recognition by a Party of the results of conformity assessments performed assessment procedures conducted in the territory of another the other Party; (b) recognition of co-operative arrangements between accreditation bodies in the territories of the Parties; (c) mutual recognition of conformity assessment procedures conducted by bodies located in the territory of each Party; (d) accreditation of conformity assessment bodies in the territory of another Party; (e) use of existing regional and international multilateral recognition agreements and arrangements; (f) designating voluntary arrangements between conformity assessment bodies located in the territory of another Party to perform conformity assessmenteither Party; and (g) suppliers’ declaration use of conformityregional and international multilateral recognition agreements and arrangements to which the Parties are party. 4. Having regard in particular to the considerations referred to in paragraph 3. Each Party shall , the Parties shall: (a) intensify their exchange of information with other Parties on its experience the mechanism referred to in the development paragraph 3 and application of the approaches in Paragraph 2(a) to (g) and other appropriate approaches on similar mechanisms with a view to facilitating the acceptance of conformity assessment results; (b) exchange information on conformity assessment procedures and, in particular, on the criteria used to select appro- priate conformity assessment procedures for specific products; (c) consider a supplier's declaration of conformity as one of the assurances of conformity with domestic law; (d) consider arrangements on mutual acceptance of the results of conformity assessment proceduresprocedures according to the procedure set out in paragraph 5; (e) exchange information on accreditation policy and to consider how to best make use of international standards for accreditation and of international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation and the International Accreditation Forum; (f) consider joining or, as applicable, to encourage their testing, inspection and certification bodies to join any operative international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results; (g) ensure that economic operators have a choice amongst conformity assessment facilities designated by the authorities to perform the tasks required by domestic law to assure compliance; (h) endeavour to use accreditation to qualify conformity assessment bodies; and (i) ensure independence of, and absence of conflict of interest between, accreditation bodies and conformity assessment bodies. 45. A Upon request from a Party, the other Party may decide to enter into consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should provide relevant information on how the sectoral initiative would facilitate trade. If the other Party declines that request it shall, upon request request, provide its reasons. 6. The Parties affirm their obligations under Article 5.2.5 of another Party, explain its reasons the TBT Agreement that fees imposed for not accepting the results of any mandatory conformity assessment procedure performed of imported products shall be equitable in relation to any fees chargeable for assessing the territory conformity of that like products of domestic origin or originating in any other Partycountry, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.

Appears in 1 contract

Sources: Free Trade Agreement