Common use of Technical Discussions Clause in Contracts

Technical Discussions. 1. If a Party considers that a technical regulation, standard or conformity assessment procedure affecting trade between it and another Party warrants further discussion, it may, through the Contact Points, request a detailed explanation of the measure and if necessary, request to hold technical discussions in an attempt to resolve any concerns on specific issues arising from the application of the measure. The other Party shall respond promptly to any requests for such explanations, and if so requested, shall enter into technical discussions within 60 days from the date of the request. The Parties to the technical discussions shall make every effort to reach a mutually satisfactory resolution through technical discussions within 90 days from the date of the request or within a timeframe mutually agreed upon by them. 2. A Party participating in technical discussions or negotiations pursuant to paragraph 3 of Article 4, paragraph 2 of Article 6 or paragraph 1 of this Article may invite another Party or a relevant international or regional organisation in the field of technical regulations, standards and conformity assessment procedures to participate for the purpose of providing technical advice. 3. Technical discussions should be conducted using electronic means. If this is not possible they may be conducted in person or by any other means, as mutually determined by the Parties. 4. The Parties shall take such reasonable measures as may be available to them to ensure that representatives of bodies responsible for the technical regulations, standards or conformity assessment procedures that are the subject of the technical discussions participate in those discussions. 5. A Party shall exercise restraint when requesting technical discussions between it and another Party on a matter that has been the subject of a previous technical discussion between the two Parties. If technical discussions on a matter under Article 6.2(b) to Article 6.2(f) have taken place, and a mutually satisfactory solution cannot be reached, an importing Party may only decline a further request for technical discussions on justifiable grounds.