Common use of Marking and Labelling Clause in Contracts

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, 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) where the Party requires the use of a unique identification number by economic operators, the Party shall 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 the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international inter- national trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, 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) where the Party requires the use of a unique identification number by economic operators, the Party shall 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 the information on the marks or labels be in a specified language. Where there is an international inter- national system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes purpose is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, 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) where the Party requires the use of a unique identification number by economic operators, the Party shall 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 the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers they consider that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-non- permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes purpose is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, 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) where the Party requires the use of a unique identification number by economic operators, the Party shall 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 the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers they consider that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of that, according to paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and they agree that that, where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, ensure that technical regulations should these are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement. 2. In particular, the The Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product or to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory requirements; (b) the Party may specify the form information to be provided on the label and may require compliance with certain regulatory requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided products on the label or marking its market unless this is deemed necessary in the light of the relevant domestic regulationrisk of the product to human, animal or plant health or life; (c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall remain free to require that permit the following: (i) information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either in addition to the information provided language required in the other languages shall be identical importing Party of the goods; (ii) internationally-accepted nomenclatures, pictograms, symbols or graphics; (iii) additional information to that provided required in the specified languageimporting Party of the goods; (e) the Party shall accept that labelling, or that including re-labelling and corrections to labelling, take place, where relevant, in authorised premises (for example, in customs warehouses at the information provided point of import) in the additional language shall not constitute a deceptive statement regarding importing Party prior to the productdistribution and sale of the product as an alternative to labelling in the place of origin, unless such labelling is required to be carried out in the place of origin for reasons of public health or safety; and (ef) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product. 3. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products including beverages and spirits.

Marking and Labelling. 1. The Parties note For the provision purposes of this Article, and in accordance with paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements. 2. The Parties agree that, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, ensure that technical regulations should these are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under paragraph 2 of Article 2 of the TBT Agreement. 23. In particularFor the purposes of this Agreement, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary product or to fulfil a legitimate objectiveindicate the productâs conformity with the mandatory requirements; (b) the Party may specify the form information to be provided on the label and may require compliance with certain regulatory requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided on the label or marking products in the its market unless this is deemed necessary in light of the relevant domestic regulationprevention of deceptive practices, national security requirements or the risk of the product to human health or safety, animal or plant life or health, or the environment; (c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) provided that it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall remain free to require that permit the following: (i) information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either in addition to the information provided language required in the other languages shall be identical to that provided in importing Party of the specified languagegoods; (ii) internationally-accepted nomenclatures, pictograms, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and (iii) additional information to that required in the importing Party of the goods; (e) in order to facilitate trade, the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised therebycompromised. thereby and where applicable, endeavour to develop processes and procedures to accept alternative forms of labelling, such as electronic labels, non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to materials packaged with the product. 4. Paragraph 3 shall apply to all products in paragraph 3 of Article 1 of the TBT Agreement in accordance with the Partiesâ laws and regulations.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT AgreementAgreement and, in particular, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements only require information which is relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product and/or to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory technical requirements; (b) unless necessary in view of the risk of the products to human, animal or plant health or life, the environment or national safety, such Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regardof the labels or markings of products as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements. 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 regulationregulations; (c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall remain free permit the following: i. information in other languages in addition to the language required in the importing Party of the goods; ii. internationally-accepted nomenclatures, pictograms, symbols or graphics; iii. additional information to that required in the importing Party of the goods; (e) the Party shall accept that labelling, including supplementary labelling and/or corrections to labelling, take place, where relevant, in authorized premises (for example, in customs or bonded licensed warehouses at the point of import) in the importing Party prior to the distribution and sale of the product. The Party may require that the information on the marks or labels be in a specified language. Where there original labelling is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; andremoved; (ef) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-non- permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of that, according to paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that they agree, where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, to ensure that technical such regulations should are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should that such regulations are not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement. 2. In particular, the The Parties agree that where a Party requires the mandatory marking or labelling of products: (a) the that Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product or are relevant to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory requirements; (b) the that Party may specify the form information to be provided on the label, and may require compliance with certain regulatory requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided products on the label or marking its market, unless this is deemed necessary in the light of the relevant domestic regulationrisk of the product to human, animal or plant health or life; (c) where the that Party requires the use of a unique identification number by economic operators, the that Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, that Party shall remain free permit the following to require that be used in the marking or labelling of products: (i) information in other languages in addition to the information on in the marks or labels be in a specified language. Where there is an international system of nomenclature accepted language required by the Partiesimporting Party of the goods; (ii) internationally-accepted nomenclatures, this may also be used. The simultaneous use of other languages shall not be prohibitedpictograms, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and (iii) additional information to that required in the importing Party of the goods; (e) that Party shall accept that labelling, including re-labelling and corrections to labelling, may take place, where relevant, in authorised premises (for example, in customs warehouses at the point of import) in the territory of the importing Party shallprior to the distribution and sale of the product, as an alternative to labelling in the place of origin, unless such labelling in the place of origin is required for reasons of public health or safety; and (f) that Party shall endeavour, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product. 3. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products, including beverages and spirits.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification certifi­ cation 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) where the Party requires the use of a unique identification number by economic operators, the Party shall 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 the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation docu­ mentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, 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) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-non- discriminatory basis; (d) the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Marking and Labelling. 1. The Parties note the provision of that, according to paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that they agree, where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, to ensure that technical such regulations should are not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should that such regulations are not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement. 2. In particular, the The Parties agree that where a Party requires the mandatory marking or labelling of products: (a) the that Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or users of the product or are relevant to indicate the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective's conformity with the mandatory requirements; (b) the that Party may specify the form information to be provided on the label, and may require compliance with certain ▇▇▇▇▇▇­ ▇▇▇▇ requirements for the affixing of labels or markingsthe label, but shall not require any prior approval, registration approval or certification in this regard. This provision is without prejudice to the right of labels and markings as a precondition for sale of the Party to require prior approval of the specific information to be provided products on the label or marking its market, unless this is deemed necessary in the light of the relevant domestic regulationrisk of the product to human, animal or plant health or life; (c) where the that Party requires the use of a unique identification number by economic operators, the that Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, that Party shall remain free permit the following to require that be used in the marking or labelling of products: (i) information in other languages in addition to the information on in the marks or labels be in a specified language. Where there is an international system of nomenclature accepted language required by the Partiesimporting Party of the goods; (ii) internationally-accepted nomenclatures, this may also be used. The simultaneous use of other languages shall not be prohibitedpictograms, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, symbols or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and (iii) additional information to that required in the importing Party of the goods; (e) that Party shall accept that labelling, including re-labelling and corrections to labelling, may take place, where rele­ vant, in authorised premises (for example, in customs warehouses at the point of import) in the territory of the importing Party shallprior to the distribution and sale of the product, as an alternative to labelling in the place of origin, unless such labelling in the place of origin is required for reasons of public health or safety; and (f) that Party shall endeavour, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product. 3. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products, including beverages and spirits.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, affirm that a their technical regulation may regulations that include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of requirements shall comply with Article 2.2 2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particularFor the purposes of this Agreement, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise restrict its requirements only to those which are relevant for marking or labelling other than marking or labelling relevant to consumers or consumers, users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary regulatory authorities or to fulfil a legitimate objectiveindicate the product's conformity with the mandatory requirements; (b) where a Party requires, as a precondition for placing on the Party may specify the form of labels or markingsmarket, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the markings or labels of products which otherwise comply with its technical regulations, it shall ensure that the requests submitted by the economic operators of another Party to require prior approval of the specific information to be provided are decided without undue delay and on the label or marking in the light of the relevant domestic regulationa non-discriminatory basis; (c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue ensure that such number numbers are issued to the relevant economic operators of the other Party without undue delay and on a non-discriminatory basis; (d) provided that it is not misleading, contradictory or confusing in relation to the importing State Party's regulatory requirements, and the legitimate objectives under the TBT Agreement are not compromised, the Party shall remain free permit, in addition to require that the such requirements: (i) information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either in addition to the information provided language required in the other languages shall be identical to that provided in importing State Party of the specified languagegoods; and (ii) internationally-accepted nomenclatures, pictograms, symbols, or that the information provided in the additional language shall not constitute a deceptive statement regarding the productgraphics; and (e) the Party shallParty, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised therebyand where applicable: (i) shall accept that supplementary labelling, and corrections to labelling, take place, where relevant, in authorised premises (for example in customs warehouses at the point of import) in the importing State Party prior to the distribution and sale of the product as an alternative to labelling in the place of origin; and (ii) shall endeavour to accept alternative forms of labelling, such as electronic labels, non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to materials packaged with the product.

Marking and Labelling. 1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective. 2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products: (a) the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective; (b) the Party may specify the form of labels or markings, 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) where the Party requires the use of a unique identification number by economic operators, the Party shall 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 the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and (e) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-non- permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.