Common use of Contestation Clause in Contracts

Contestation. 1. Each Party may contest the compliance with the criteria for designation set out in the applicable laws, regulations and administrative provisions specified in the relevant Sectoral Annex by a registered conformity assessment body of the other Party. Such contestation shall be notified to the Committee and to that other Party in writing with an objective explanation of the reason for the contestation. The Committee shall discuss such contestation within 20 days following the date on which such notification is made. 2. Where the Committee decides to conduct a joint verification, it will be conducted in a timely manner by the Parties with the participation of the Designating Authority that designated the contested conformity assessment body and with the prior consent of the conformity assessment body. The result of such joint verification shall be discussed in the Committee with a view to resolving the issue as soon as possible. 3. The registration of the contested conformity assessment body shall be suspended 15 days after the date on which the notification is made or on the date on which the Committee decides to suspend the registration, whichever is the sooner. The registration of the contested conformity assessment body shall remain suspended until the Committee decides to lift the suspension of the registration of the conformity assessment body. In the event of such suspension, the contesting Party shall accept the results of conformity assessment procedures conducted by that conformity assessment body prior to the date of suspension. 1. A Joint Committee on Mutual Recognition (referred to in this Chapter as “the Committee”), made up of representatives of both Parties, shall be established on the date of entry into force of this Agreement, as a body responsible for the effective implementation of this Chapter. 2. The Committee shall take decisions and adopt recommendations by consensus. It shall meet at the request of either Party under the co-chairmanship of both Parties. The Committee may establish sub-committees and delegate specific tasks to such sub-committees. It shall adopt its rules of procedure. 3. The Committee may consider any matter related to the operation of this Chapter. In particular, it shall be responsible for and/or decide on: (a) registration of a conformity assessment body, suspension of registration of a conformity assessment body, lifting of suspension of registration of a conformity assessment body, and termination of registration of a conformity assessment body; (b) establishment and, unless otherwise decided, publication on a sector-by-sector basis of lists of the registered conformity assessment bodies; (c) establishment of appropriate modalities of information exchange referred to in this Chapter; and (d) appointment of experts from each Party for the joint verification referred to in paragraph 2 of Article 51 above and sub-paragraph (c) of paragraph 1 of Article 53 below. 4. Without prejudice to Chapter 21, if any problem arises as to the interpretation or application of this Chapter, the Parties shall, first of all, seek an amicable solution through the Committee. 5. The Committee is responsible for co-ordinating and facilitating the negotiation of additional Sectoral Annexes. 6. Any decision made by the Committee will be notified promptly in writing to each Party. 7. The Parties shall, through the Committee: (a) specify and communicate to each other the applicable articles or annexes contained in the laws, regulations and administrative provisions set out in the Sectoral Annexes; (b) exchange information concerning the implementation of the applicable laws, regulations and administrative provisions specified in the Sectoral Annexes; (c) notify each other of any scheduled changes in the laws, regulations and administrative provisions related to this Chapter prior to their entry into force; and (d) notify each other of any scheduled changes concerning their Designating Authorities and the registered conformity assessment bodies.