Common use of Technical Discussions Clause in Contracts

Technical Discussions. 1. A Party may, through Contact Points, request technical discussions with another on any snaitary or phytosanitary measure affecting trade between it and that other Part other Party shall respond promptly to any such requePsatr.tieTshsehtawlloseek to clarify any measure at issue and, where there is any remaining diffsehraelnl ceendoef avvieowu,r to find a mutually acceptable solution, taking into account the objectives of trade facilitat of minimising the negative trade effects of sanitary and phytosanitary measures. In of measures affecting the export intaerdeesvteslopf ing country Party, the Parties concerned should seek to resolve any concerns in a timely manner. 2. Parties may, through Contact Points, arrange to undertake technical discussion each other on sanitary and phytosanitary matternsteorfemstu. tuTael cihnical discussions should be conducted using neilcecmtreoansI.f this is not possible they may be conducted in person or by any other means, as mutually determined by the Parties. 3. The Parties participating in technical discussioontsiatoior nnsegpursuant to this Chapter may mutuallyeatgoreinvite another Party or a relevant international or region organisation in the field of sanitary or phytosanitary protection to participate for the of providing technical advice. 4. If technical discussions on a matter unde6r.5Ahrtaivcle taken place, an importing Party may decline a further request for technical discussions, unless the exporting P demonstrate at the time of the request that there has been: (a) a materiadl vaancement in relevant science, technology or domestic processes; (b) a material improvement in the risk profile of the exporting Party. 5. Without prejudice to the rights and obligations of the Parties under other provisi this Agreement, rwehtehe importing Party declines a request for technical discussions un paragraph 4 it shall provide an explanation of the reasons for its position. 6. Technical discussions held under this Article do not constitute formal consulta under Chapt1e4r (Consultations and Dispute Settlemeanret) wainthdout prejudice to the rights and obligations of the Parties under that Chapter, the WTO Agreement, or an agreement to which both Parties are party.