Common use of Scope and Modalities Clause in Contracts

Scope and Modalities. 1. This Chapter applies to standards, technical regulations and conformity assessment procedures that may directly or indirectly affect trade in goods between the Parties and/or assessments of manufacturers or manufacturing processes. 2. The Parties shall intensify their joint work in the field of standards, technical regulations, and conformity assessment procedures and/or assessments of manufacturers or manufacturing processes, with a view to facilitating market access. In particular, the Parties shall seek to identify initiatives that are appropriate for particular issues or sectors. Such initiatives may include co-operation on regulatory issues, such as, alignment to international standards, reliance on supplier’s declaration of conformity, and use of accreditations to qualify conformity assessment bodies. 3. In this respect, the Parties recognise that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment results, including: (a) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other Party; (b) accreditation procedures for qualifying conformity assessment bodies; (c) government designation of conformity assessment bodies; (d) recognition by a Party of the results of conformity assessments performed in the other Party’s territory; (e) voluntary arrangements between conformity assessment bodies from each Party’s territory; and (f) the importing Party’s acceptance of a supplier’s declaration of conformity. To this end, the Parties shall intensify their exchanges of information on the variety of mechanisms to facilitate the acceptance of conformity assessment results. Any such arrangements shall be formalised in a Sectoral Annex, as appropriate. 4. In accordance with Article 2.4 of the WTO TBT Agreement, where technical regulations are required and relevant international standards exist or their completion is imminent, the Parties shall use them, or the relevant parts of such standards, as a basis for their Mandatory Requirements, except when such international standards or relevant parts of such standards would be an ineffective or inappropriate means for the legitimate objectives pursued, for instance, as a result of fundamental climatic or geographical factors or fundamental technological problems. 5. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5, and Annex 3 of the WTO TBT Agreement exists, each Party shall apply the principles set out in “Section IX (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2 and 5, and Annex 3 of the Agreement) in the Decisions and Recommendations adopted by the Committee since 1 January 1995”, G/TBT/1/Rev.8, 23 May 2002 and its Revision issued by the WTO Committee on Technical Barriers to Trade. 6. This Chapter does not apply to sanitary and phytosanitary measures as defined in the WTO Agreement on Application of Sanitary and Phytosanitary Measures which are covered by Chapter 7 (Sanitary and Phytosanitary Measures).

Scope and Modalities. 1. This Chapter applies to standards, technical regulations and conformity assessment procedures that may directly or indirectly affect trade in goods between the Parties and/or assessments of manufacturers or manufacturing processes. 2. The Parties shall intensify their joint work in the field of standards, technical regulations, and conformity assessment procedures and/or assessments of manufacturers or manufacturing processes, with a view to facilitating market access. In particular, the Parties shall seek to identify initiatives that are appropriate for particular issues or sectors. Such initiatives may include co-operation on regulatory issues, such as, alignment to international standards, reliance on supplier’s declaration of conformity, and use of accreditations to qualify conformity assessment bodies. 3. In this respect, the Parties recognise that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment results, including: (a) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other Party; (b) accreditation procedures for qualifying conformity assessment bodies; (c) government designation of conformity assessment bodies; (d) recognition by a Party of the results of conformity assessments performed in the other Party’s territory; (e) voluntary arrangements between conformity assessment bodies from each Party’s territory; and (f) the importing Party’s acceptance of a supplier’s declaration of conformity. To this end, the Parties shall intensify their exchanges of information on the variety of mechanisms to facilitate the acceptance of conformity assessment results. Any such arrangements shall be formalised in a Sectoral Annex, as appropriate. 4. In accordance with Article 2.4 of the WTO TBT Agreement, where technical regulations are required and relevant international standards exist or their completion is imminent, the Parties shall use them, or the relevant parts of such standards, as a basis for their Mandatory Requirements, except when such international standards or relevant parts of such standards would be an ineffective or inappropriate means for the legitimate objectives pursued, for instance, as a result of fundamental climatic or geographical factors or fundamental technological problems. 5. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5, and Annex 3 of the WTO TBT Agreement exists, each Party shall apply the principles set out in “Section IX (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2 and 5, and Annex 3 of the Agreement) in the Decisions and Recommendations adopted by the Committee since 1 January 1995”, G/TBT/1/Rev.8, 23 May 2002 and its Revision issued by the WTO Committee on Technical Barriers to Trade. 6. This Chapter does not apply to sanitary and phytosanitary measures as defined in the WTO Agreement on Application of Sanitary and Phytosanitary Measures which are covered by Chapter 7 (Sanitary and Phytosanitary Measures).

Scope and Modalities. 1. This Chapter applies to standards, technical regulations and conformity assessment procedures that may directly or indirectly affect trade in goods between the Parties and/or assessments of manufacturers or manufacturing processes. 2. The Parties shall intensify their joint work in the field of standards, technical regulations, and conformity assessment procedures and/or assessments of manufacturers or manufacturing processes, with a view to facilitating market access. In particular, the Parties shall seek to identify initiatives that are appropriate for particular issues or sectors. Such initiatives may include co-operation on regulatory issues, such as, alignment to international standards, reliance on supplier’s 's declaration of conformity, and use of accreditations to qualify conformity assessment bodies. 3. In this respect, the Parties recognise that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment results, including: (a) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other Party; ; (b) accreditation procedures for qualifying conformity assessment bodies; ; (c) government designation of conformity assessment bodies; ; (d) recognition by a Party of the results of conformity assessments performed in the other Party’s 's territory; ; (e) voluntary arrangements between conformity assessment bodies from each Party’s 's territory; and and (f) the importing Party’s 's acceptance of a supplier’s 's declaration of conformity. To this end, the Parties shall intensify their exchanges of information on the variety of mechanisms to facilitate the acceptance of conformity assessment results. Any such arrangements shall be formalised in a Sectoral Annex, as appropriate. . 4. In accordance with Article 2.4 of the WTO TBT Agreement, where technical regulations are required and relevant international standards exist or their completion is imminent, the Parties shall use them, or the relevant parts of such standards, as a basis for their Mandatory Requirements, except when such international standards or relevant parts of such standards would be an ineffective or inappropriate means for the legitimate objectives pursued, for instance, as a result of fundamental climatic or geographical factors or fundamental technological problems. . 5. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5, and Annex 3 of the WTO TBT Agreement exists, each Party shall apply the principles set out in “"Section IX (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2 and 5, and Annex 3 of the Agreement) in the Decisions and Recommendations adopted by the Committee since 1 January 1995”", G/TBT/1/Rev.8, 23 May 2002 and its Revision issued by the WTO Committee on Technical Barriers to Trade. 6. This Chapter does not apply to sanitary and phytosanitary measures as defined in the WTO Agreement on Application of Sanitary and Phytosanitary Measures which are covered by Chapter 7 (Sanitary and Phytosanitary Measures).