Common use of Conformity Assessment Procedures Clause in Contracts

Conformity Assessment Procedures. 1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. The Parties shall exchange information on the range of mechanisms used in their territories. 2. The Parties shall accept, whenever possible, the results of the conformity assessment procedures conducted in the territory of the other Party, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of conformity assessment procedures conducted in the other Party, it shall, upon request of the other Party, explain the reasons for its decision. 3. Prior to accepting the results of a conformity assessment procedure in accordance with paragraph 2, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved in order to enhance confidence in the permanent reliability of each one of the conformity assessment results. 4. Each Party may accredit or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. If a Party accredits or otherwise recognizes a body assessing conformity with a particular technical regulation or standard in its territory and it refuses to accredit or otherwise recognize a body in the territory of the other Party assessing conformity with that technical regulation or standard, it shall, upon request of the other Party, explain the reasons for its decision. 5. The Parties shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. Where a Party declines such request, it shall, upon request of the other Party, explain the reasons for its decision. The Parties shall work together to implement the mutual recognition agreements to which both Parties are party.

Conformity Assessment Procedures. 1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Accordingly, the Parties may agree on the following: (a) the acceptance of a supplier's declaration of conformity; (b) the acceptance of the results of conformity assessment procedures by bodies located in the other Party's territory, including those regarding specific technical regulations; (c) that a conformity assessment body located in a Party's territory may enter into voluntary recognition agreements for the acceptance of the results of its conformity assessment procedures, with a conformity assessment body located in the other Party's territory; and (d) the adoption of accreditation procedures to qualify the conformity assessment bodies located in the other Party's territory. The Parties shall exchange information on the range of the mechanisms used in their territories. 2. The Parties shall accept, whenever possible, the results of the conformity assessment procedures conducted in the territory of the other Party, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of conformity assessment procedures conducted in the territory of the other Party, it shall, upon request of the other Party, explain in writing the reasons for its decision. 3. Prior to accepting the results of a conformity assessment procedure in accordance with pursuant to paragraph 2, and in order to enhance confidence in the permanent reliability of each one of 1 G/TBT/1/Rev.9, 8 September 2008 Annex B to part I the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved in order to enhance confidence in the permanent reliability of each one of the involved. Where a Party considers that a conformity assessment results. 4. Each Party may accredit or otherwise recognize conformity assessment bodies in the territory body of the other Party on terms no less favorable than those does not fulfill its requirements, it accords shall explain to conformity assessment bodies in its territory. If a Party accredits or otherwise recognizes a body assessing conformity with a particular technical regulation or standard in its territory and it refuses to accredit or otherwise recognize a body in the territory of the other Party assessing conformity with that technical regulation or standard, it shall, upon request of the other Party, explain in writing the reasons for its decision. 54. The Parties A Party shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. Where a Party declines such request, it shall, upon request of the other Party, explain in writing the reasons for its decision. The Parties shall work together to implement the mutual recognition agreements to which both Parties are party.