Common use of Technical Regulations Clause in Contracts

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use recognise the importance of good regulatory practicepractice with regard to the preparation, as provided for in adoption, and application of technical regulations, particularly the work carried out by the WTO Committee on Technical Barriers to Trade. 2. In accordance with Article 2.2 of the TBT Agreement. In particular, the Parties agree: (a) each Party shall ensure that technical regulations are not more trade-restrictive than necessary to fulfil the transparency obligations a legitimate objective, taking account of the risks non-fulfilment would create. 3. The Parties as indicated in the TBT Agreement; (b) to shall use relevant international standards as a basis for preparing their technical regulations including conformity assessment proceduresregulations, except when such unless those international standards would be an are ineffective or inappropriate means for the fulfilment of to achieving the legitimate objectives objective pursued. Where a Party does not use an international standard, and where international standards have not been used guide, or recommendation referred to in paragraph 1, or their relevant parts, as a basisbasis for its technical regulations, to explain it shall, on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s views where a part , explain the reasons therefor. 4. In accordance with Article 2.7 of the process TBT agreement, each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations. 5. A Party shall, on the request of the other Party, explain the reasons why it has not accepted a request by the other Party to negotiate arrangements pursuant to paragraph (3) and (4). 6. The Parties shall strengthen communications and coordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade. 7. At the request of a Party that has an interest in developing a technical regulation is open similar to public consultation, and on request to provide written responses to the comments made by a technical regulation of the other Party;, such other Party shall endeavour to provide, to the extent practicable, relevant information, including studies or documents, except for confidential information, on which it has relied in its development. (f) when making notifications in accordance 8. Consistent with the obligations of the TBT Agreement, each Party shall ensure that its technical regulations, including those dealing exclusively with marking and labelling requirements: (a) accord treatment no less favourable than that accorded to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposallike products of domestic origin; and (gb) do not create unnecessary obstacles to leave sufficient time trade between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment periodParties. 29. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s 's economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s 's views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best recognise the importance of the use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties international standards and agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards or relevant parts of them as a basis for technical regulations including conformity assessment proceduresregulations, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and pursued in accordance with Article 2.4 of the WTO TBT Agreement; (b) where international standards have not been used as a basisbasis for technical regulations, upon request of a Party, to explain on request to the other that Party in writing the reasons why such standards have been judged inappropriate or ineffective for the aim pursuedpursued and, whenever possible, to identify the parts which in substance deviate from relevant international standards; (c) when a Party has adopted or is proposing to adopt a each publish, free of charge, technical regulation, to provide the other Party regulations on request with available information regarding the objective, legal basis and rationale for the technical regulationan official website; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) ensure that interested persons of another Party are allowed to participate in any consultation open to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their general public concerning the preparation of technical regulations to the other Party or its economic operators upon request without undue delayregulations; (e) to take appropriate consideration of the other Party’s views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with Article 2.9 of the WTO TBT Agreement, to allow at least for the Party receiving the notification, normally 60 days following from the notification for the other Party notification, to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except proposal unless in exceptional cases where urgent problems explicitly stated, of safety, health, environmental protection or national security arise or threaten to arise, ; and where practicable to give appropriate consideration to reasonable requests for extending the comment period; (f) except in urgent circumstances referred to in Article 2.10 of the WTO TBT Agreement, to allow a reasonable interval between the publication of technical regulations and their entry into force in order to allow time for the economic operators of the exporting Party to adapt their products or methods of production to the requirements of the importing Party; and (g) to consider the possibility of recognising the equivalence of technical regulations of another Party. For that purpose, a Party which has prepared a technical regulation that it considers to be equivalent to a technical regulation of another Party, having essentially the same objective, scope and level of protection to be achieved may request in writing that another Party recognises it as equivalent. Such written request shall set out the reasons why the technical regulations are considered to be equivalent. 2. Each To facilitate an appropriate explanation under subparagraph 1(a), the requesting Party shall ensure that economic operators and other interested persons of its request for an explanation: (a) identifies the other relevant international standard, guide or recommendation that the requested Party are allowed has not used as the basis for its technical regulation; and (b) describes how the technical regulation which is not based on the international standard, guide or recommendation is a restriction, or has the potential to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural personsrestrict trade between the Parties. 3. Each Party The Parties shall endeavour ensure that products lawfully put on the market can move freely within their respective territories provided that they comply with the relevant requirements on technical barriers to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States market at the point of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely mannerentry.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s 's economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s 's views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree Each Party shall prepare, adopt and apply its technical regulations in accordance with Article 2 of the TBT Agreement and ensure adherence to make best use Article 3 of good regulatory practice, as provided for in the TBT Agreement. 2. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to Each Party shall use relevant international standards to the extent provided in paragraph 4 of Article 2 of the TBT Agreement, as a basis for its technical regulations. Where a Party does not use such international standards, or their relevant parts, as a basis for its technical regulations including conformity assessment procedures, except when such international standards would be and these may have an ineffective or inappropriate means for the fulfilment effect on trade of the legitimate objectives pursuedother Party, and where international standards have not been used as a basisit shall, to explain on upon request to of the other Party Party, explain the reasons therefor. The explanation shall make every effort to address why such standards have the standard has been judged inappropriate or ineffective for the aim objective pursued; (c) when a . Where the Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for considers that the technical regulation;explanation provided is not satisfactory, both Parties shall enter into technical discussions that will take place as expeditiously as possible to arrive at a mutually satisfactory understanding. (d) 3. In implementing Article 2.2 of the TBT Agreement, each Party shall consider available alternatives in order to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their ensure that any proposed technical regulations to be adopted are not more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the other risk non-fulfilment would create. 4. Each Party or its economic operators upon request without undue delay; (e) shall give positive consideration to take appropriate consideration accepting as equivalent, technical regulations of the other Party’s views where a part , even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of the process its own regulations. 5. In addition to Article 2.7 of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other a Party to provide comments in writing shall, on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators request of the other Party,2 provide the reasons why it has not accepted, or cannot accept, a technical regulation of that Party as equivalent to its own. The Party to adaptwhich the request is made should provide its response within a reasonable period of time. 6. Each Party shall uniformly and consistently apply its technical regulations that are prepared and adopted by its central government bodies to its whole territory. For greater certainty, except nothing in this paragraph shall be construed to prevent local government bodies from preparing, adopting and applying additional technical regulations in a manner consistent with the provisions of the TBT Agreement. 7. Except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to Parties shall allow a reasonable requests for extending interval3 between the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development publication of technical regulations, on terms no less favourable than those accorded regulations and their entry into force in order to its own legal provide sufficient time for producers in exporting Parties to adapt their products or natural personsmethods of production to the requirements of importing Parties. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree Each Party shall prepare, adopt and apply its technical regulations in accordance with Article 2 of the TBT Agreement and ensure adherence to make best use Article 3 of good regulatory practice, as provided for in the TBT Agreement. 2. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to Each Party shall use relevant international standards to the extent provided in paragraph 4 of Article 2 of the TBT Agreement, as a basis for its technical regulations. Where a Party does not use such international standards, or their relevant parts, as a basis for its technical regulations including conformity assessment proceduresand these may have an effect on trade of other Party, except when such international standards would be an ineffective or inappropriate means for the fulfilment it shall, upon request of the legitimate objectives pursuedother Party, and where international standards have not been used as a basis, to explain on request to the other Party the reasons therefor. The explanation shall make every effort to address why such standards have the standard has been judged inappropriate or ineffective for the aim objective pursued; (c) when a . Where the Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for considers that the technical regulation;explanation provided is not satisfactory, both Parties shall enter into technical discussions that will take place as expeditiously as possible to arrive at a mutually satisfactory understanding. (d) 3. In implementing Article 2.2 of the TBT Agreement, each Party shall consider available alternatives in order to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their ensure that any proposed technical regulations to be adopted are not more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the other risk non-fulfilment would create. 4. Each Party or its economic operators upon request without undue delay; (e) shall give positive consideration to take appropriate consideration accepting as equivalent, technical regulations of the other Party’s views where a part , even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of the process its own regulations. 5. In addition to Article 2.7 of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other a Party to provide comments in writing shall, on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators request of the other Party,2 provide the reasons why it has not accepted, or cannot accept, a technical regulation of that Party as equivalent to its own. The Party to adaptwhich the request is made should provide its response within a reasonable period of time. 6. Each Party shall uniformly and consistently apply its technical regulations that are prepared and adopted by its central government bodies to its whole territory. For greater certainty, except nothing in this paragraph shall be construed to prevent local government bodies from preparing, adopting and applying additional technical regulations in a manner consistent with the provisions of the TBT Agreement. 7. Except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to Parties shall allow a reasonable requests for extending interval3 between the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development publication of technical regulations, on terms no less favourable than those accorded regulations and their entry into force in order to its own legal provide sufficient time for producers in exporting Parties to adapt their products or natural personsmethods of production to the requirements of importing Parties. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s views where a part of the process of developing a technical regulation regu­ lation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification notifi­ cation for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable prac­ ticable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development devel­ opment of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Technical Regulations. 1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree: (a) to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement; (b) to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued; (c) when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation; (d) to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s 's economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay; (e) to take appropriate consideration of the other Party’s 's views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party; (f) when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and (g) to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period. 2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons. 3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.