Common use of Conformity Assessment Procedures Clause in Contracts

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to 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) recognizing existing international multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory of 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 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. 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 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. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, that a broad range of mechanisms exists exist to facilitate the acceptance in of the results of conformity assessment procedures, including: (a) the importing Party's reliance on a Party’s territory 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’s territory. Such mechanisms may include:; (ac) recognizing existing international multilateral recognition agreements and arrangements among use of accreditation procedures to qualify conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the government designation of conformity assessment bodies, including accreditation procedures; orbodies located in the territory of the other Party; (fe) other mechanisms as mutually agreed unilateral recognition by the Parties. 2. Each a Party shall ensure, whenever possible, that of the results of conformity assessment procedures conducted in the territory of 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 its own procedures. Where a Party does not accept the results of a Party; (f) voluntary arrangements between conformity assessment procedure conducted bodies in the territory respective territories of each Party; and (g) use of regional or international multilateral recognition agreements and arrangements of which the other Party, it shall, on request of the other Party, explain the reasons for its decisionParties are parties. 32. In order Having regard in particular to enhance confidence in the consistent reliability of conformity assessment resultsthose considerations, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.shall: 4. 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. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon. 5. The Parties shall endeavour to (a) intensify their exchange of information on acceptance these and other mechanisms with a view to facilitating the acceptance of conformity assessment results; (b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the TBT Agreement, require that conformity assessment procedures are not more strict or applied more strictly than necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create; (c) exchange information on accreditation policy and consider how to make the best use of international standards for accreditation and international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accreditation Forum; and (d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them. 3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body. 4. Upon request by either Party, the Parties 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. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party declines such a request from the other Party, it shall, upon request, explain its reasons.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, recognize that a broad range of mechanisms exists to facilitate the acceptance in a Party’s territory of the results of conformity assessment procedures conducted in the other Party’s 's territory. Such mechanisms may includeFor example: (a) recognizing existing international multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each importing Party shall ensure, whenever possible, that may recognize the results of conformity assessment procedures conducted in the territory of the other Party; (b) conformity assessment bodies located in each Party's territory may enter into voluntary arrangements to accept the results of the other's assessment procedures; (c) a Party are accepted, even when those may adopt accreditation procedures differ from its own, provided that those procedures offer for qualifying conformity assessment bodies located in the territory of the other Party; (d) a satisfactory assurance Party may designate conformity assessment bodies located in the territory of applicable technical regulations or standards equivalent to its own proceduresthe other Party; and (e) 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. In order to enhance confidence in the consistent reliability of conformity assessment resultsEach Party shall accredit, the Parties may consult on matters such as the technical competence of the approve, license, or otherwise recognize conformity assessment bodies involvedin 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. 4. Each Where a Party shall give positive consideration to declines a request by from the other Party to negotiate agreements engage in negotiations or arrangements for the mutual conclude an agreement on facilitating recognition in its territory of the results of their respective conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures conducted by bodies in areas mutually agreed uponthe other Party's territory, it shall, on request of the other Party, explain the reasons for its decision. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, recognize that a broad range of mechanisms exists to facilitate the acceptance in a 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 conducted performed in the other Party’s territoryterritory on a unilateral basis for a sector nominated by that Party. 2. Such To this end, the Parties shall intensify their exchange of information on the variety of mechanisms may include: (a) recognizing existing international multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition to facilitate the acceptance of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Partiesor certification. 23. Each Party shall ensure, whenever possible, that give positive consideration to accept the results of conformity assessment procedures conducted carried out in the territory of 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 its own proceduresParty. Where a Party does not accept the results of a conformity assessment procedure conducted performed in the territory of the 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 involvedreasons. 4. Each Party shall give positive consideration to a request by 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 negotiate agreements conformity assessment bodies in its territory. If a Party accredits, approves, licenses, or arrangements 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. 5. At the mutual request of a Party, the other Party shall give favourable consideration to enter into negotiations to reach agreement on facilitating recognition in its territory of the results of their respective conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures conducted by bodies in areas mutually agreed uponthe other Party, including mutual recognition agreements, subject to the interests of both Parties. Where a Party declines a request from the other Party, it shall explain its reasons upon request. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, that a broad range of mechanisms exists exist to facilitate the acceptance in of the results of conformity assessment procedures, including: (a) the importing Party's reliance on a Party’s territory 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’s territory. Such mechanisms may include:; (ac) recognizing existing international multilateral recognition agreements and arrangements among the use of accreditation procedures to qualify conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the government designation of conformity assessment bodies, including accreditation procedures; orbodies located in the territory of the other Party; (fe) other mechanisms as mutually agreed unilateral recognition by the Parties. 2. Each a Party shall ensure, whenever possible, that of the results of conformity assessment procedures conducted in the territory of 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 its own procedures. Where a Party does not accept the results of a Party; (f) voluntary arrangements between conformity assessment procedure conducted bodies in the territory respective territories of each Party; and (g) the other Party, it shall, on request use of regional or international multilateral recognition agreements and arrangements of which the other Party, explain the reasons for its decisionParties are parties. 32. In order Having regard, in particular, to enhance confidence in the consistent reliability of conformity assessment resultsthose considerations, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.shall: 4. 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. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon. 5. The Parties shall endeavour to (a) intensify their exchange of information on acceptance mechanisms regarding these and other mechanisms, with a view to facilitating the acceptance of conformity assessment results; (b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the TBT Agreement, require that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create; (c) exchange information on accreditation policies and consider how to make the best use of international standards for accreditation and the best use of international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accreditation Forum; and (d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them. 3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body. 4. Upon request by either Party, the Parties 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. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party declines such a request from the other Party, it shall, upon request, explain its reasons.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, recognize that a broad range of mechanisms exists to 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 includeFor example: (a) recognizing existing international multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each importing Party shall ensure, whenever possible, that may recognize the results of conformity assessment procedures conducted in the territory of the other Party; (b) conformity assessment bodies located in each Party’s territory may enter into voluntary arrangements to accept the results of the other’s assessment procedures; (c) a Party are accepted, even when those may adopt accreditation procedures differ from its own, provided that those procedures offer for qualifying conformity assessment bodies located in the territory of the other Party; (d) a satisfactory assurance Party may designate conformity assessment bodies located in the territory of applicable technical regulations or standards equivalent to its own proceduresthe other Party; and (e) 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. In order to enhance confidence in the consistent reliability of conformity assessment resultsEach Party shall accredit, the Parties may consult on matters such as the technical competence of the approve, license, or otherwise recognize conformity assessment bodies involved. 4. Each Party shall give positive consideration to a request by in the territory of the other Party on terms no less favorable than those it accords to negotiate agreements conformity assessment bodies in its territory. Where a Party accredits, approves, licenses, or arrangements for 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 mutual recognition territory of the results of their respective conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition other Party, it shall, on request of the results of their respective conformity assessment procedures in areas mutually agreed uponother Party, explain the reasons for its decision. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.

Conformity Assessment Procedures. 1. The Parties recognise 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 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 conformity assessments. 3. Each Party shall ensure, whenever possible, that results of conformity assessment procedures in another Party are accepted, even when those procedures differ from its own, unless those procedures do not offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 4. 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 recognises that, depending on the situation of the Party and the specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance in a Party’s territory of the results of conformity assessment procedures conducted in the other another Party’s territory. Such mechanisms may include: (a) recognizing existing international multilateral mutual recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted by bodies in the territory of the other Party are accepted, even when Parties concerned; (b) cooperative (voluntary) arrangements between accreditation bodies or those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a between conformity assessment procedure conducted bodies in the territory Parties concerned; (c) the use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements, to recognise the accreditation granted by other Party, it shall, on request of Parties; (d) the other Party, explain the reasons for its decision. 3. In order to enhance confidence in the consistent reliability designation of conformity assessment resultsbodies in another Party; (e) unilateral recognition by a Party of results of conformity assessment procedures conducted in another Party; and (f) manufacturer's or supplier's declaration of conformity. 6. Upon reasonable request, the Parties may consult concerned shall exchange information or share experiences on matters such as the technical competence of mechanisms referred to in paragraph 5, including their development and application, with a view to facilitating the conformity assessment bodies involved. 4. Each Party shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition acceptance of the results of their respective conformity assessment procedures. 7. 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 consider take into consideration the possibility participation status or membership in such organisations of negotiating agreements or arrangements for mutual recognition of relevant bodies in the results of their respective conformity assessment procedures Parties in areas mutually agreed uponfacilitating this cooperation. 58. The Parties shall endeavour agree to intensify encourage cooperation between their exchange of information on acceptance mechanisms relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment resultsresults between Parties. 9. Each Party shall, whenever possible, permit the participation of conformity assessment bodies in another Party in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in the 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.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, that a broad range of mechanisms exists exist to facilitate the acceptance in of the results of confor­ mity assessment procedures, including: (a) the importing Party's reliance on a Party’s territory supplier's declaration of conformity; (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific techni­ cal regulations conducted by bodies located in the territory of the other Party’s territory. Such mechanisms may include:; (ac) recognizing existing international multilateral recognition agreements and arrangements among the use of accreditation procedures to qualify conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the government designation of conformity assessment bodies, including accreditation procedures; orbodies located in the territory of the other Party; (fe) other mechanisms as mutually agreed unilateral recognition by the Parties. 2. Each a Party shall ensure, whenever possible, that of the results of conformity assessment procedures conducted in the territory of the other Party; (f) voluntary arrangements between conformity assessment bodies in the respective territories of each Party; and (g) the use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties. 2. Having regard, in particular, to those considerations, the Parties shall: (a) intensify their exchange of information regarding these and other mechanisms, with a view to facilitating the accep­ tance of conformity assessment results; (b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific prod­ ucts and, in line with Article 5.1.2 of the TBT Agreement, require that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Party are accepted, even when those procedures differ from its own, provided adequate confidence that those procedures offer a satisfactory assurance of products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create; (c) exchange information on accreditation policies and consider how to make the best use of international standards equivalent for accreditation and the best use of international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accredita­ tion Forum; and (d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to its own procedurescarry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them. 3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the con­ formity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body. 4. Upon request by either Party, the Parties 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 assess­ ment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party does not accept the results of declines such a conformity assessment procedure conducted in the territory of request from the other Party, it shall, on request of the other Partyupon request, explain the reasons for its decisionreasons. 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 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. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.

Conformity Assessment Procedures. 1. The Parties recognise In cases where a positive assurance is required that products conform with technical regulations or standards, and relevant guides or recommendations issued by international standardising bodies exist or their completion is imminent, each Party 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 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 ensure, whenever possible, that results of conformity assessment procedures in the other Party (3) are accepted, even 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. 3. 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. 4. Each Party recognises that, depending on the situation of the Party and the specific sectors involved, a broad range of mechanisms exists to 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) recognizing existing international multilateral mutual recognition agreements and arrangements among for the results of conformity assessment bodiesprocedures conducted by bodies in the other Party; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing the other Party’s designation of conformity assessment bodies; cooperative (cvoluntary) encouraging voluntary arrangements between accreditation bodies or those between conformity assessment bodies in the territory other Party; (c) the use of each accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements, to recognise the accreditation granted by the other Party; (d) accepting a supplier’s declaration the designation of conformity, where appropriateconformity assessment bodies in the other Party; (e) harmonizing criteria for the designation unilateral recognition by a Party of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory other Party; and (f) manufacturer's or supplier's declaration of conformity. 5. Upon reasonable request by a Party, the other Party are acceptedshall exchange information or share experiences on the mechanisms referred to in paragraph 4, even when those procedures differ from its ownincluding their development and application, with a view to facilitating the acceptance of the results of conformity assessment procedures, provided it is satisfied that those procedures offer a satisfactory an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 6. Where a Party does not accept The Parties recognise the results of a conformity assessment procedure conducted important role that relevant international, including regional, organisations can play in cooperation in the territory area of conformity assessment. In this regard, each Party shall take into consideration the participation status or membership in such organisations of relevant bodies of the other Party, it shall, on request of the other Party, explain the reasons for its decisionParty in facilitating this cooperation. 37. In order The Parties agree to enhance confidence in the consistent reliability of conformity assessment results, the Parties may consult on matters such as the technical competence of the encourage cooperation between their relevant conformity assessment bodies involved. 4. 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. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms working closer with a view to facilitating the acceptance of conformity assessment resultsresults between the Parties. 8. Each Party shall, whenever possible, permit the participation of conformity assessment bodies of the other Party in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in that Party. 9. 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, on request of that other Party, explain the reason for its refusal decision.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, a broad range Further to paragraph 4 of mechanisms exists to facilitate the acceptance in a Party’s territory Article 5 of the results of 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 conducted in the other Party’s territory. Such mechanisms may include: (a) recognizing existing procedures, except where, as duly explained upon request, such international multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria standards or relevant parts are inappropriate for the designation Party concerned, for, inter alia, such reasons as national security requirements; the prevention of conformity assessment bodiesdeceptive practices; protection of human health or safety, including accreditation proceduresanimal or plant life or health, or the environment; or (f) fundamental climatic or other mechanisms as mutually agreed by the Partiesgeographical factors; and fundamental technological or infrastructural problems. 2. Each Party shall ensure, whenever possible, that recognises the importance of accepting the results of conformity assessment procedures conducted in the territory of the other Party with a view to increasing efficiency, avoiding duplication, and ensuring cost effectiveness of conformity assessments. 3. Each Party shall ensure, whenever possible, that results of conformity assessment procedures in the other Party are accepted, even when those procedures differ from its own, provided that it is satisfied that those procedures offer a satisfactory an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. 4. 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. 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. 45. Each Party shall give positive consideration recognises that, depending on the situation of the Party and the specific sectors involved, a broad range of mechanisms exists to a request by facilitate the other Party to negotiate agreements or arrangements for the mutual recognition acceptance of the results of their respective conformity assessment proceduresprocedures conducted in the territory of the other Party. The Parties shall consider Such mechanisms may include: (a) mutual recognition agreements for the possibility results of negotiating conformity assessment procedures conducted by bodies in the Parties; (b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the Parties; (c) the use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements for mutual arrangements, to recognise the accreditation granted by the other Party; (d) the government designation of conformity assessment bodies, including bodies located in the territory of the other Party; (e) unilateral recognition by a Party of results of conformity assessment procedures conducted in the other Party; and (f) manufacturer's or supplier's declaration of conformity. 6. Upon reasonable request, the Parties concerned shall exchange information or share experiences on the mechanisms referred to in paragraph 5, including their development and application, with a view to facilitating the acceptance of the results of their respective conformity assessment procedures in areas mutually agreed uponprocedures. 57. The Parties shall endeavour agree to intensify encourage cooperation between their exchange of information on acceptance mechanisms relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment resultsresults between the Parties. 8. Further to paragraph 4 of Article 6 of the TBT Agreement, 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 is encouraged, on request of the other Party, to explain the reason for its refusal decision. 9. Where a Party declines a request from the other Party to engage in negotiations for the conclusion of agreement for the mutual recognition of the results of conformity assessment procedures conducted by bodies in the other Partyâs territory, it shall, on request of the other Party, explain the reasons for its decision.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to 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) recognizing existing international multilateral recognition agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognizing 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) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each Party shall ensure, whenever possible, that should seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territory of the other Party are acceptedwith a view to increasing efficiency, even when those 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: (a) recognition by a Party of the results of conformity assessments performed in the other Party's territory; (b) recognition of arrangements between accreditation bodies in the territories of the Parties; (c) Mutual Recognition Agreements (MRAs) for conformity assessment to specific regulations: agreements on mutual acceptance of the results of conformity assessment procedures differ from its own, provided that those procedures offer conducted by bodies located in the territory of the other Party; (d) use of accreditation to qualify conformity assessment bodies located in the territory of the other Party; (e) use of existing international multilateral recognition agreements and arrangements; (f) designating conformity assessment bodies located in the territory of the other Party; (g) suppliers' declaration of conformity; and (h) voluntary arrangements between conformity assessments bodies located in each Party's territory. 2. The Parties shall exchange information on these and other similar approaches with a satisfactory assurance view to facilitating acceptance of applicable technical regulations or standards equivalent to its own proceduresconformity assessment results. 3. 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 that 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 give positive consideration 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 by from the other Party to negotiate agreements engage in negotiations or arrangements for the mutual conclude an agreement on facilitating recognition in its territory of the results of their respective conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures conducted by bodies in areas mutually agreed uponthe other Party's territory, it shall, on request of that other Party, explain the reasons for its decision. 5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.

Conformity Assessment Procedures. 1. The Parties recognise that, depending on the specific sectors involved, recognize that a broad range of mechanisms exists to facilitate the acceptance in a Party’s territory of the results of conformity assessment procedures conducted in the other Party’s 's territory. Such mechanisms may includeFor example: (a) recognizing existing international multilateral recognition agreements and arrangements among a Party may agree with the other Party to accept the results of conformity assessment bodiesprocedures that bodies located in the other Party's territory conduct with respect to specific technical regulations; (b) promoting mutual recognition of a Party may adopt accreditation procedures for qualifying conformity assessment results by bodies located in the other Party, through recognizing the other Party’s designation of conformity assessment bodies's territory; (c) encouraging voluntary arrangements between a Party may designate conformity assessment bodies located in the territory of each other Party's territory; (d) accepting a supplier’s declaration of conformity, where appropriate; (e) harmonizing criteria for the designation of conformity assessment bodies, including accreditation procedures; or (f) other mechanisms as mutually agreed by the Parties. 2. Each Party shall ensure, whenever possible, that may recognize the results of conformity assessment procedures conducted in the territory other Party's territory; (e) conformity assessment bodies located in each of the other Parties' territories may enter into voluntary arrangements to accept the results of each other's assessment procedures; and (f) the importing Party are accepted, even when those procedures differ from its own, provided that those procedures offer may rely on a satisfactory assurance supplier's declaration of applicable technical regulations or standards equivalent conformity. The Parties shall intensify their exchange of information on these and similar mechanisms with a view to its own proceduresfacilitating the 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 the other Party, explain the reasons for its decision. 3. In order to enhance confidence in the consistent reliability of conformity assessment resultsEach Party shall accredit, the Parties may consult on matters such as the technical competence of the approve, license, or otherwise recognize conformity assessment bodies involvedin 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. 4. Each A Party that accredits, approves, licenses, or otherwise recognizes conformity assessment bodies shall give positive consideration to a request do so on the basis of criteria published by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective determining whether a conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements body is competent to receive accreditation, approval, licensing or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed uponother recognition. 5. The Parties Each Party shall endeavour take steps to intensify their exchange implement Phase II of information on acceptance mechanisms the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment (1998) with a view respect to facilitating the acceptance other Party as soon as possible. No later than one year after the date this Agreement enters into force, Korea will publish notice of conformity assessment resultsthe changes in its legislation that it proposes to make to implement Phase II.