Common use of Technical Discussions Clause in Contracts

Technical Discussions. 1. A Party may, through Contact Points, request technical discussions with another Party on any sanitary or phytosanitary measure affecting trade between it and that other Party. The other Party shall respond promptly to any such request. The two Parties shall seek to clarify any measure at issue and, where there is any remaining difference of view, shall endeavour to find a mutually acceptable solution, taking into account the objectives of trade facilitation and of minimising the negative trade effects of sanitary and phytosanitary measures. In the case of measures affecting the export interests of a developing 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 discussions with each other on sanitary and phytosanitary matters of mutual interest. 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. 3. The Parties participating in technical discussions or negotiations pursuant to this Chapter may mutually agree to invite another Party or a relevant international or regional organisation in the field of sanitary or phytosanitary protection to participate for the purposes of providing technical advice. 4. If technical discussions on a matter under Article 6.5 have taken place, an importing Party may decline a further request for technical discussions, unless the exporting Party can demonstrate at the time of the request that there has been: (a) a material advancement in relevant science, technology or domestic processes; or (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 provisions of this Agreement, where the importing Party declines a request for technical discussions under paragraph 4 it shall provide an explanation of the reasons for its position. 6. Technical discussions held under this Article do not constitute formal consultations under Chapter 14 (Consultations and Dispute Settlement) and are without prejudice to the rights and obligations of the Parties under that Chapter, the WTO Agreement, or any other agreement to which both Parties are party.