Common use of Legitimate Objectives Clause in Contracts

Legitimate Objectives. 1. A measure inconsistent with Articles 5.2, 5.3 or 5.4 is still permissible under this Agreement where it can be demonstrated that: (a) the purpose of the measure is to achieve a legitimate objective; (b) the measure does not operate to impair unduly the access of persons, goods, services or investments of a Party that meet that legitimate objective; (c) the measure is not more trade restrictive than necessary to achieve that legitimate objective; and (d) the measure does not create a disguised restriction to trade, investment or labour mobility. 2. The legitimate objectives accepted by the Parties are: (a) public security, safety and infrastructure integrity; (b) public order; (c) protection of human, animal and plant life or health; (d) protection of the environment; (e) consumer protection; (f) protection of the health, safety and well-being of workers; and (g) affirmative action programs for disadvantaged groups; considering, among other things, where appropriate, fundamental climactic or other geographical factors, technological or infrastructure factors, or scientific justification. 3. For greater certainty, paragraph 2 may be amended by a provision in Part IV. Article 6.1: Objective