Divergence of views Clause Samples
The 'Divergence of views' clause establishes a formal process for addressing situations where parties to an agreement have differing opinions or interpretations regarding the contract's terms or execution. Typically, this clause outlines steps such as negotiation, escalation to higher management, or referral to a neutral third party to resolve disagreements. Its core practical function is to provide a structured mechanism for resolving disputes efficiently, thereby minimizing disruptions and maintaining the working relationship between the parties.
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Divergence of views. Both Parties shall use their best endeavours to resolve any divergence of views concerning inter alia compliance of manufacturers and conclusions of inspection reports. Unresolved divergences of view will be referred to the Committee as established under Article 10 of the Agreement.
A. General terms and conditions
1. Under this Agreement, the designating authorities shall remain solely responsible for the competence and the capacity of the bodies they have designated and shall designate only legally identifiable bodies under their jurisdiction.
2. Designating authorities shall designate conformity assessment bodies able to demonstrate by objective means that they understand and have the requisite experience and competence to apply the requirements and certification procedures laid down in the legislative, regulatory and administrative provisions referred to in Annex I, that are applicable to the specific product, product category or sector for which they are designated.
3. Demonstration of technical competence shall cover: – the understanding of the technical standards and/or legislative, regulatory and administrative provisions for which designation is sought; – the physical capability to perform a given conformity assessment activity; – the adequate management of the activity concerned; and – any other circumstance necessary to give assurance that the conformity assessment activity will be adequately performed at all times.
4. The technical competence criteria shall be based as far as possible on internationally accepted documents, such as the EN 45000 series of standards or equivalents as well as on supplemented interpretative documents as appropriate. However these documents clearly need to be interpreted in such a way as to take account of the different types of requirements laid down in the applicable legislative, regulatory and administrative provisions.
5. The Parties shall encourage harmonisation of designation procedures and coordination of conformity assessment procedures through cooperation between designating authorities and conformity assessment bodies based on coordination meetings, participation in mutual recognition arrangements, and ad hoc working party meetings. The Parties shall also encourage accreditation bodies to participate in mutual recognition arrangements.
B. System for verification of conformity assessment bodies' competence
Divergence of views. Both Parties will use their best endeavours to resolve any divergence of views concerning, inter alia, compliance of manufacturers and conclusions of inspection reports. Unresolved divergences of view will be referred to the Joint Sectoral Group.
Divergence of views. Both parties will use their best endeavours to resolve any divergence of views concerning compliance of manufacturers and conclusions of conformity assessment reports. Unresolved divergencies of view will be referred to the Joint Committee. The provisions of this Sectoral Annex will apply to the following: Products for export to the European Community Products for export to New Zealand Any product falling under the scope of Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity. Any product intended for connection to the public and leased networks operated by Telecom New Zealand Limited and its subsidiary companies. In general terms, the product range covered includes: In general terms, that Council Directive covers: (a) terminal equipment intended to be connected to the public telecommunications networks. The terminal equipment may be connected directly or indirectly to the termination of the public telecommunications network; and (a) single-line and multi-line TTE intended for connection to the public switched telecommunications network or leased lines, whether for voice or data transmission, including PABX and like switching systems; (b) ISDN Basic Rate Access (connecting at the S/T interface);
Divergence of views. Both Parties will use their best endeavours to resolve any divergence of views. Unresolved divergences of view will be referred to the Joint Sectoral Group. The provisions of this Sectoral Annex will not apply to the following devices: — medical devices that contain or are manufactured using cells, tissues or tissue derivatives of animal origin that have been rendered non-viable, where the safety with regard to viruses or other transferable agents requires validated methods for elimination or viral inactivation in the course of the manufacturing process; — medical devices that contain tissues, cells or substances of microbial, bacterial or recombinant origin and are intended for use in or on the human body; — medical devices incorporating tissues or tissue derivatives of human origin; — medical devices incorporating stable derivatives of human blood or human plasma that are liable to act on the human body in a way that is ancillary to the device; — medical devices that incorporate, or intend to incorporate, as an integral part, a substance that, if used separately, might be considered to be a medicine that is intended to act on a patient in a way that is ancillary to the device, and — medical devices that are intended by the manufacturer specifically to be used for chemical disinfection of other medical devices, except for sterilisers using dry heat, moist heat or ethylene oxide. Both Parties may decide by mutual arrangement to extend the application of this Sectoral Annex to the afore- mentioned medical devices.’
Divergence of views. Both Parties shall use their best endeavours to resolve any divergence of views concerning compliance of manufacturers and conclusions of conformity assessment reports. Unresolved divergencies of view will be referred to the Joint Committee. The provisions of this Sectoral Annex shall apply to the following: Products for export to the European Community Products for export to Australia Any product falling under the scope of Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity. In general terms, that Council Directive covers: (a) terminal equipment intended to be connected to the public telecommunications networks. The terminal equipment may be connected directly or indirectly to the termination of the public telecommunications network, and Any product defined as customer equipment in the Telecommunications Ac▇ ▇▇▇▇. In general this is equipment whose parameters are defined in the Australian Communications Authority Technical Standards as determined under the above Act. These requirements are set out in the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No 2 of 1997.
Divergence of views. Both Parties will use their best endeavours to resolve any divergence of views concerning, inter alia, compliance of manufacturers and conclusions of conformity assessment reports. Unresolved divergences of view will be referred to the Joint Sectoral Group. The provisions of this Sectoral Annex will not apply to the following devices: — medical devices that contain or are manufactured using cells, tissues or tissue derivatives of animal origin that have been rendered non-viable, where the safety with regard to viruses or other transferable agents requires validated methods for elimination or viral inactivation in the course of the manufacturing process; — medical devices that contain tissues, cells or substances of microbial, bacterial or recombinant origin and are intended for use in or on the human body; — medical devices incorporating tissues or tissue derivatives of human origin; — medical devices incorporating stable derivatives of human blood or human plasma that are liable to act on the human body in a way that is ancillary to the device; — medical devices that incorporate, or intend to incorporate, as an integral part, a substance that, if used separately, might be considered to be a medicine that is intended to act on a patient in a way that is ancillary to the device, and — medical devices that are intended by the manufacturer specifically to be used for chemical disinfection of another medical device, except for sterilisers using dry heat, moist heat or ethylene oxide. Both Parties may decide by common arrangement to extend the application of this Sectoral Annex to the afore mentioned medical devices.’.
Divergence of views. Both Parties shall use their best endeavours to resolve any divergence of views concerning compliance of manufacturers and conclusions of conformity assessment reports. Unresolved divergencies of view will be referred to the Joint Committee as established in Article 12 of the Agreement. SECTORAL ANNEX - TELECOMMUNICATIONS TERMINAL EQUIPMENT The provisions of this Sectoral Annex shall apply to the following: Any product falling under the scope of Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, as supplemented by Council Directive 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC in respect of satellite earth station equipment In general terms, these Council Directives cover: (a) terminal equipment intended to be connected to the public telecommunications networks. The terminal equipment may be connected directly or indirectly to the termination of the public telecommunications network, and (b) satellite earth station equipment, which is capable of being used either for transmission only, or for transmission and reception, or for reception only, of radio communications signals by means of satellites or other space based systems. Purpose built satellite earth station equipment used as part of the public telecommunications network is excluded. Any product defined as customer equipment in the Telecommunications ▇▇▇ ▇▇▇▇. In general this is equipment whose parameters are defined in AUSTEL Technical Standards as determined under the above Act. A schedule of these standards at the date of this Agreement is attached and includes analogue and digital equipment and satellite earth station equipment as applicable. This list of product groups may be extended to include other European common technical regulations in this sector as they become available.
SECTION I : LEGISLATIVE, REGULATORY AND ADMINISTRATIVE REQUIREMENTS SECTION II : DESIGNATED CONFORMITY ASSESSMENT BODIES SECTION III : AUTHORITIES RESPONSIBLE FOR DESIGNATING CONFORMITY ASSESSMENT BODIES LISTED IN SECTION II
Divergence of views. Any divergence of views between the Parties arising from or relating to this MOU, including those on the interpretation or application of any provision therein, will be amicably settled by the Parties.
Divergence of views. Both Parties shall use their best endeavours to resolve any divergence of views c oncerning c ompliance of manufa cturers and c onclusions of c onformity assessm ent reports. Unresolved divergencies of view will be referre d to the Joint Committee. The provisions of this Sectoral Annex shall apply to the follo wing: Products for export to the European Community Products for export to Australia Any product falling under the sc ope of Directive 98/13/EC of the European Parlia ment and of the Council of 12 February 1998 relating to telec ommunic ations terminal equipment and satellite earth station equipment, including the mutual rec ognition of their c onformity. In general terms, that Council Directive c overs: Any product defined as customer equipment in the Tele c ommunic ations ▇▇▇ ▇▇▇▇. In general this is equipment whose parameters are defined in the Australian Communic ations Authority Technic al Stand ards as determined under the above Act. These requirements are set out in the Telec ommunic ations Labelling (Customer Equipment and Customer Cabling) Notic e No 2 of 1997.
(a) terminal equipment intended to be c onnected to the public telec ommunic ations networks. The terminal equipment may be c onnected directly or indirectly to the termination of the public telec ommunic ations network, and
(b) satellite earth station equipment, which is c apable of being used either for transmission only, or for transmission and rec eption, or for reception only, of radio c ommunic ations signals by means of satellites or other spa c e-based systems. Purpose-built satellite earth station equipment used as part of the public switched telec ommunic ations network is excluded. This list of product groups may be extended to include other European Community c ommon technic al regulations in this sector as they bec ome available.
SECTION I LEGISLATIVE, REGULATORY AND ADMINISTRATIVE REQUIREMENTS The legislative, regulatory and ad ministrative requirements of the European Community with which Australian designated Conformity Assessm ent Bodies shall assess c omplian c e The legislative, regulatory and ad ministrative requirements of Australia with which European Community designated Conformity Assessm ent Bodies shall assess c ompliance SECTION II DESIGNATED CONFORMITY ASSESSMENT BODIES The Conformity Assessm ent Bodies designated by Australia to assess products ag ainst the European Community's legislative, regulatory and ad ministrative requirements The Conformity Assessm...
Divergence of views. Both Parties will use their best endeavours to resolve any divergence of views concerning compliance of manufacturers and conclusions of conformity assessment reports. Unresolved divergencies of view will be referred to the Joint Committee as established in Article 12 of the Agreement. NEW ZEALAND - EUROPEAN COMMUNITY SECTORAL ANNEX - TELECOMMUNICATIONS TERMINAL The provisions of this Sectoral Annex will apply to the following: