Common use of Marking and Labeling Clause in Contracts

Marking and Labeling. 1. For the purposes of this Article, and in accordance with paragraph 1 of Annex 1 to the TBT Agreement, a technical regulation may include or deal exclusively with marking or labeling requirements. 2. Each Party shall, in accordance with Article 2.2 of the TBT Agreement, ensure that technical regulations, including mandatory marking or labeling of products, are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For this purpose, such technical regulations shall not be more trade restrictive than necessary to fulfill a legitimate objective. 3. Where a Party requires mandatory marking or labeling of products: (a) the Party shall endeavour to minimize the requirements for marking or labeling other than marking or labeling relevant to consumers or users of the product; (b) the Party may specify the form of labels or markings in a reasonable manner, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation; (c) the Party shall, where it requires the use of a unique identification number by economic operators, issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) the Party shall remain free to require that information on the marks or labels be in a specified language. Where an international system of nomenclature has been accepted by the Parties, such nomenclature may be used. The simultaneous use of additional languages shall not be prohibited, provided that: (i) the information provided in the other languages is identical to that provided in the specified language; or (ii) the information provided in the additional language does not constitute a deceptive statement regarding the product; and (e) the Party shall, where it considers that legitimate objectives in accordance with the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels.