Title:Technical Barriers to Trade -- CHapter Nine
Author: White House
Document-Date: 29 Sept 1993
Content-Type: text/plain; CHARSET=US-ASCII
Content-Length:54694

  
 
 
 
 
 
                                       PART THREE 
                              TECHNICAL BARRIERS TO TRADE 
 
                                      Chapter Nine 
 
                               Standards-Related Measures 
 
 
            Article 901:   Scope and Coverage 
 
            1.   This Chapter applies to standards-related measures of a 
            Party, other than those covered by Section B of Chapter Seven 
            (Sanitary and Phytosanitary Measures), that may, directly or 
            indirectly, affect trade in goods or services between the 
            Parties, and to measures of the Parties relating to such 
            measures. 
 
            2.   Technical specifications prepared by governmental bodies 
            for production or consumption requirements of such bodies shall 
            be governed exclusively by Chapter Ten (Government 
            Procurement).  
 
 
            Article 902:   Extent of Obligations 
 
            1.   Article 105 (Extent of Obligations) does not apply to this 
            Chapter. 
 
            2.   Each Party shall seek, through appropriate measures, to 
            ensure observance of Articles 904 through 908 by state or 
            provincial governments and by non-governmental standardizing 
            bodies in its territory. 
 
 
            Article 903:   Affirmation of Agreement on Technical Barriers 
                           to Trade and Other Agreements 
 
                 Further to Article 103 (Relation to Other Agreements), the 
            Parties affirm with respect to each other their existing rights 
            and obligations relating to standards-related measures under 
            the GATT Agreement on Technical Barriers to Trade and all other 
            international agreements, including environmental and 
            conservation agreements, to which those Parties are party. 
 
            Article 904:   Basic Rights and Obligations 
 
            Right to Take Standards-Related Measures 
 
            1.   Each Party may, in accordance with this Agreement, adopt, 
            maintain or apply any standards-related measure, including any 
            such measure relating to safety, the protection of human, 
            animal or plant life or health, the environment or consumers, 
 
                                          9-1  
 
 
 
 
 
 
  
 
 
 
 
 
            and any measure to ensure its enforcement or implementation.  
            Such measures include those to prohibit the importation of a 
            good of another Party or the provision of a service by a 
            service provider of another Party that fails to comply with the 
            applicable requirements of those measures or to complete the 
            Party's approval procedures. 
 
            Right to Establish Level of Protection 
 
            2.   Notwithstanding any other provision of this Chapter, each 
            Party may, in pursuing its legitimate objectives of safety or 
            the protection of human, animal or plant life or health, the 
            environment or consumers, establish the levels of protection 
            that it considers appropriate in accordance with Article 
            907(2). 
 
            Non-Discriminatory Treatment 
 
            3.   Each Party shall, in respect of its standards-related 
            measures, accord to goods and service providers of another 
            Party: 
 
                 (a)  national treatment in accordance with Article 301 
                      (Market Access) or Article 1202 (Cross-Border Trade 
                      in Services); and 
 
                 (b)  treatment no less favorable than that it accords to 
                      like goods, or in like circumstances to service 
                      providers, of any other country. 
 
            Unnecessary Obstacles 
 
            4.   No Party may prepare, adopt, maintain or apply any 
            standards-related measure with a view to or with the effect of 
            creating an unnecessary obstacle to trade between the Parties.  
            An unnecessary obstacle to trade shall not be deemed to be 
            created where: 
 
                 (a)  the demonstrable purpose of the measure is to achieve 
                      a legitimate objective; and 
 
                 (b)  the measure does not operate to exclude goods of 
                      another Party that meet that legitimate objective. 
 
            Article 905:   Use of International Standards 
 
            1.   Each Party shall use, as a basis for its standards-related 
            measures, relevant international standards or international 
            standards whose completion is imminent, except where such 
            standards would be an ineffective or inappropriate means to 
            fulfill its legitimate objectives, for example because of 
            fundamental climatic, geographical, technological or 
 
                                          9-2  
 
 
 
 
 
 
  
 
 
 
 
 
            infrastructural factors, scientific justification or the level 
            of protection that the Party considers appropriate. 
 
            2.   A Party's standards-related measure that conforms to an 
            international standard shall be presumed to be consistent with 
            Article 904(3) and (4). 
 
            3.   Nothing in paragraph 1 shall be construed to prevent a 
            Party, in pursuing its legitimate objectives, from adopting, 
            maintaining or applying any standards-related measure that 
            results in a higher level of protection than would be achieved 
            if the measure were based on the relevant international 
            standard. 
 
 
            Article 906:   Compatibility and Equivalence 
 
            1.   Recognizing the crucial role of standards-related measures 
            in achieving legitimate objectives, the Parties shall, in 
            accordance with this Chapter, work jointly to enhance the level 
            of safety and of protection of human, animal and plant life and 
            health, the environment and consumers. 
 
            2.   Without reducing the level of safety or of protection of 
            human, animal or plant life or health, the environment or 
            consumers, without prejudice to the rights of any Party under 
            this Chapter, and taking into account international 
            standardization activities, the Parties shall, to the greatest 
            extent practicable, make compatible their respective standards- 
            related measures, so as to facilitate trade in a good or 
            service between the Parties. 
 
            3.   Further to Articles 902 and 905, a Party shall, on request 
            of another Party, seek, through appropriate measures, to 
            promote the compatibility of a specific standard or conformity 
            assessment procedure that is maintained in its territory with 
            the standards or conformity assessment procedures maintained in 
            the territory of the other Party.  
 
            4.   Each importing Party shall treat a technical regulation 
            adopted or maintained by an exporting Party as equivalent to 
            its own where the exporting Party, in cooperation with the 
            importing Party, demonstrates to the satisfaction of the 
            importing Party that its technical regulation adequately 
            fulfills the importing Party's legitimate objectives. 
 
            5.   The importing Party shall provide to the exporting Party, 
            on request, its reasons in writing for not treating a technical 
            regulation as equivalent under paragraph 4. 
 
            6.   Each Party shall, wherever possible, accept the results of 
            a conformity assessment procedure conducted in the territory of 
 
                                          9-3  
 
 
 
 
 
 
  
 
 
 
 
 
            another Party, provided that it is satisfied that the procedure 
            offers an assurance, equivalent to that provided by a procedure 
            it conducts or a procedure conducted in its territory the 
            results of which it accepts, that the relevant good or service 
            complies with the applicable technical regulation or standard 
            adopted or maintained in the Party's territory. 
 
            7.   Prior to accepting the results of a conformity assessment 
            procedure pursuant to paragraph 6, and to enhance confidence in 
            the continued reliability of each other's conformity assessment 
            results, the Parties may consult on such matters as the 
            technical competence of the conformity assessment bodies 
            involved, including verified compliance with relevant 
            international standards through such means as accreditation.  
 
 
            Article 907:   Assessment of Risk 
 
            1.   A Party may, in pursuing its legitimate objectives, 
            conduct an assessment of risk.  In conducting an assessment, a 
            Party may take into account, among other factors relating to a 
            good or service: 
 
                 (a)  available scientific evidence or technical 
                      information; 
 
                 (b)  intended end uses; 
 
                 (c)  processes or production, operating, inspection, 
                      sampling or testing methods; or  
 
                 (d)  environmental conditions. 
 
            2.   Where pursuant to Article 904(2) a Party establishes a 
            level of protection that it considers appropriate and conducts 
            an assessment of risk, it should avoid arbitrary or 
            unjustifiable distinctions between similar goods or services in 
            the level of protection it considers appropriate, where the 
            distinctions: 
 
                 (a)  result in arbitrary or unjustifiable discrimination 
                      against goods or service providers of another Party; 
 
                 (b)  constitute a disguised restriction on trade between 
                      the Parties; or 
 
                 (c)  discriminate between similar goods or services for 
                      the same use under the same conditions that pose the 
                      same level of risk and provide similar benefits. 
 
            3.   Where a Party conducting an assessment of risk determines 
            that available scientific evidence or other information is 
 
                                          9-4  
 
 
 
 
 
 
  
 
 
 
 
 
            insufficient to complete the assessment, it may adopt a 
            provisional technical regulation on the basis of available 
            relevant information.  The Party shall, within a reasonable 
            period after information sufficient to complete the assessment 
            of risk is presented to it, complete its assessment, review 
            and, where appropriate, revise the provisional technical 
            regulation in the light of that assessment. 
 
 
            Article 908:   Conformity Assessment 
 
            1.   The Parties shall, further to Article 906 and recognizing 
            the existence of substantial differences in the structure, 
            organization and operation of conformity assessment procedures 
            in their respective territories, make compatible those 
            procedures to the greatest extent practicable.  
 
            2.   Recognizing that it should be to the mutual advantage of 
            the Parties concerned and except as set out in Annex 908.2, 
            each Party shall accredit, approve, license or otherwise 
            recognize conformity assessment bodies in the territory of 
            another Party on terms no less favorable than those accorded to 
            conformity assessment bodies in its territory. 
 
            3.   Each Party shall, with respect to its conformity 
            assessment procedures: 
 
                 (a)  not adopt or maintain any such procedure that is 
                      stricter, nor apply the procedure more strictly, than 
                      necessary to give it confidence that a good or a 
                      service conforms with an applicable technical 
                      regulation or standard, taking into account the risks 
                      that non-conformity would create; 
 
                 (b)  initiate and complete the procedure as expeditiously 
                      as possible; 
 
                 (c)  in accordance with Article 904(3), undertake 
                      processing of applications in non-discriminatory 
                      order; 
 
                 (d)  publish the normal processing period for each such 
                      procedure or communicate the anticipated processing 
                      period to an applicant on request;   
 
                 (e)  ensure that the competent body 
 
                      (i)  on receipt of an application, promptly examines 
                           the completeness of the documentation and 
                           informs the applicant in a precise and complete 
                           manner of any deficiency,   
 
 
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                      (ii) transmits to the applicant as soon as possible 
                           the results of the conformity assessment 
                           procedure in a form that is precise and complete 
                           so that the applicant may take any necessary 
                           corrective action,  
 
                      (iii)     where the application is deficient, 
                                proceeds as far as practicable with the 
                                procedure where the applicant so requests, 
                                and 
 
                      (iv) informs the applicant, on request, of the status 
                           of the application and the reasons for any 
                           delay;  
 
                 (f)  limit the information the applicant is required to 
                      supply to that necessary to conduct the procedure and 
                      to determine appropriate fees; 
 
                 (g)  accord confidential or proprietary information 
                      arising from, or supplied in connection with, the 
                      conduct of the procedure for a good of another Party 
                      or for a service provided by a person of another 
                      Party  
 
                      (i)  the same treatment as that for a good of the 
                           Party or a service provided by a person of the 
                           Party, and  
 
                      (ii) in any event, treatment that protects an 
                           applicant's legitimate commercial interests to 
                           the extent provided under the Party's law; 
 
                 (h)  ensure that any fee it imposes for conducting the 
                      procedure is no higher for a good of another Party or 
                      a service provider of another Party than is equitable 
                      in relation to any such fee imposed for its like 
                      goods or service providers or for like goods or 
                      service providers of any other country, taking into 
                      account communication, transportation and other 
                      related costs;  
 
                 (i)  ensure that the location of facilities at which a 
                      conformity assessment procedure is conducted does not 
                      cause unnecessary inconvenience to an applicant or 
                      its agent; 
 
                 (j)  limit the procedure, for a good or service modified 
                      subsequent to a determination that the good or 
                      service conforms to the applicable technical 
                      regulation or standard, to that necessary to 
 
 
                                          9-6  
 
 
 
 
 
 
  
 
 
 
 
 
                      determine that the good or service continues to 
                      conform to the technical regulation or standard; and 
 
                 (k)  limit any requirement regarding samples of a good to 
                      that which is reasonable, and ensure that the 
                      selection of samples does not cause unnecessary 
                      inconvenience to an applicant or its agent. 
 
            4.   Each Party shall apply, with such modifications as may be 
            necessary, the relevant provisions of paragraph 3 to its 
            approval procedures. 
 
            5.   Each Party shall, on request of another Party, take such 
            reasonable measures as may be available to it to facilitate 
            access in its territory for conformity assessment activities. 
 
            6.   Each Party shall give sympathetic consideration to a 
            request by another Party to negotiate agreements for the mutual 
            recognition of the results of that other Party's conformity 
            assessment procedures.   
 
 
            Article 909:   Notification, Publication, and Provision of 
                           Information 
 
            1.   Further to Articles 1802 (Publication) and 1803 
            (Notification and Provision of Information), each Party 
            proposing to adopt or modify a technical regulation shall:  
 
                 (a)  at least 60 days prior to the adoption or 
                      modification of the measure, other than a law, 
                      publish a notice and notify in writing the other 
                      Parties of the proposed measure in such a manner as 
                      to enable interested persons to become acquainted 
                      with the proposed measure, except that in the case of 
                      any such measure relating to perishable goods, each 
                      Party shall, to the greatest extent practicable, 
                      publish the notice and provide the notification at 
                      least 30 days prior to the adoption or modification 
                      of the measure, but no later than when notification 
                      is provided to domestic producers; 
 
                 (b)  identify in the notice and notification the good or 
                      service to which the measure would apply, and shall 
                      provide a brief description of the objective of, and 
                      reasons for the measure; 
 
                 (c)  provide a copy of the proposed measure to any Party 
                      or interested person that so requests, and shall, 
                      wherever possible, identify any provision that 
                      deviates in substance from relevant international 
                      standards; and 
 
                                          9-7  
 
 
 
 
 
 
  
 
 
 
 
 
                 (d)  without discrimination, allow other Parties and 
                      interested persons to make comments in writing and 
                      shall, on request, discuss the comments and take the 
                      comments and the results of the discussions into 
                      account. 
 
            2.   Each Party proposing to adopt or modify a standard or any 
            conformity assessment procedure not otherwise considered to be 
            a technical regulation shall, where an international standard 
            relevant to the proposed measure does not exist or such measure 
            is not substantially the same as an international standard, and 
            where the measure may have a significant effect on the trade of 
            the other Parties: 
 
                 (a)  at an early appropriate stage, publish a notice and 
                      provide a notification of the type required in 
                      paragraph 1(a) and (b); and 
 
                 (b)  observe paragraph 1(c) and (d). 
 
            3.   Each Party shall seek, through appropriate measures, to 
            ensure, with respect to a technical regulation of a state or 
            provincial government other than a local government: 
 
                 (a)  that, at an early appropriate stage, a notice and 
                      notification of the type required under paragraph 
                      1(a) and (b) are made prior to their adoption; and 
 
                 (b)  observance of paragraph 1(c) and (d). 
 
            4.   Where a Party considers it necessary to address an urgent 
            problem relating to safety or to protection of human, animal or 
            plant life or health, the environment or consumers, it may omit 
            any step set out in paragraph 1 or 3, provided that on adoption 
            of a standards-related measure it shall: 
 
                 (a)  immediately provide to the other Parties a 
                      notification of the type required under paragraph 
                      1(b), including a brief description of the urgent 
                      problem; 
 
                 (b)  provide a copy of the measure to any Party or 
                      interested person that so requests; and 
 
                 (c)  without discrimination, allow other Parties and 
                      interested persons to make comments in writing, and 
                      shall, on request, discuss the comments and take the 
                      comments and the results of the discussions into 
                      account. 
 
            5.   Each Party shall, except where necessary to address an 
            urgent problem referred to in paragraph 4, allow a reasonable 
 
                                          9-8  
 
 
 
 
 
 
  
 
 
 
 
 
            period between the publication of a standards-related measure 
            and the date that it becomes effective to allow time for 
            interested persons to adapt to the measure. 
 
            6.   Where a Party allows non-governmental persons in its 
            territory to be present during the process of development of 
            standards-related measures, it shall also allow non- 
            governmental persons from the territories of the other Parties 
            to be present. 
 
            7.   Each Party shall notify the other Parties of the 
            development of, amendment to, or change in the application of 
            its standards-related measures no later than the time at which 
            it notifies non-governmental persons in general or the relevant 
            sector in its territory. 
 
            8.   Each Party shall seek, through appropriate measures, to 
            ensure the observance of paragraphs 6 and 7 by a state or 
            provincial government, and by non-governmental standardizing 
            bodies in its territory. 
 
            9.   Each Party shall designate by January 1, 1994 a government 
            authority responsible for the implementation at the federal 
            level of the notification provisions of this Article, and shall 
            notify the other Parties thereof.  Where a Party designates two 
            or more government authorities for that purpose, it shall 
            provide to the other Parties complete and unambiguous 
            information on the scope of responsibility of each such 
            authority. 
 
 
            Article 910:   Inquiry Points  
 
            1.   Each Party shall ensure that there is an inquiry point 
            that is able to answer all reasonable inquiries from other 
            Parties and interested persons, and to provide relevant 
            documents regarding: 
 
                 (a)  any standards-related measure proposed, adopted or 
                      maintained in its territory at the federal, state or 
                      provincial government level; 
 
                 (b)  the membership and participation of the Party, or its 
                      relevant federal, state or provincial government 
                      authorities, in international and regional 
                      standardizing bodies and conformity assessment 
                      systems, and in bilateral and multilateral 
                      arrangements regarding standards-related measures, 
                      and the provisions of those systems and arrangements; 
 
 
 
 
                                          9-9  
 
 
 
 
 
 
  
 
 
 
 
 
                 (c)  the location of notices published pursuant to Article 
                      909, or where the information can be obtained;  
 
                 (d)  the location of the inquiry points referred to in 
                      paragraph 3; and 
 
                 (e)  the Party's procedures for assessment of risk, and 
                      factors it considers in conducting the assessment and 
                      in establishing, pursuant to Article 904(2), the 
                      levels of protection that it considers appropriate. 
 
            2.   Where a Party designates more than one inquiry point, it 
            shall: 
 
                 (a)  provide to the other Parties complete and unambiguous 
                      information on the scope of responsibility of each 
                      inquiry point; and 
 
                 (b)  ensure that any inquiry addressed to an incorrect 
                      inquiry point is promptly conveyed to the correct 
                      inquiry point. 
 
            3.   Each Party shall take such reasonable measures as may be 
            available to it to ensure that there is at least one inquiry 
            point that is able to answer all reasonable inquiries from 
            other Parties and interested persons and to provide relevant 
            documents or information as to where they can be obtained 
            regarding: 
 
                 (a)  any standard or conformity assessment procedure 
                      proposed, adopted or maintained by non-governmental 
                      standardizing bodies in its territory; and 
 
                 (b)  the membership and participation of relevant non- 
                      governmental bodies in its territory in international 
                      and regional standardizing bodies and conformity 
                      assessment systems. 
 
            4.   Each Party shall ensure that where copies of documents are 
            requested by another Party or by interested persons in 
            accordance with this Chapter, they are supplied at the same 
            price, apart from the actual cost of delivery, as the price for 
            domestic purchase. 
 
 
 
 
 
 
 
 
 
 
                                          9-10  
 
 
 
 
 
 
  
 
 
 
 
 
            Article 911:   Technical Cooperation 
 
            1.   Each Party shall, on request of another Party: 
 
                 (a)  provide to that Party technical advice, information 
                      and assistance on mutually agreed terms and 
                      conditions to enhance that Party's standards-related 
                      measures, and related activities, processes and 
                      systems; 
 
                 (b)  provide to that Party information on its technical 
                      cooperation programs regarding standards-related 
                      measures relating to specific areas of interest; and 
 
                 (c)  consult with that Party during the development of, or 
                      prior to the adoption or change in the application 
                      of, any standards-related measure.  
 
            2.   Each Party shall encourage standardizing bodies in its 
            territory to cooperate with the standardizing bodies in the 
            territories of the other Parties in their participation, as 
            appropriate, in standardizing activities, such as through 
            membership in international standardizing bodies. 
 
 
            Article 912:   Limitations on the Provision of Information 
 
                 Nothing in this Chapter shall be construed to require a 
            Party to: 
 
                 (a)  communicate, publish texts, or provide particulars or 
                      copies of documents other than in an official 
                      language of the Party; or 
 
                 (b)  furnish any information the disclosure of which would 
                      impede law enforcement or otherwise be contrary to 
                      the public interest, or would prejudice the 
                      legitimate commercial interests of particular 
                      enterprises. 
 
 
            Article 913:   Committee on Standards-Related Measures  
 
            1.   The Parties hereby establish a Committee on Standards- 
            Related Measures, comprising representatives of each Party.   
 
            2.   The Committee's functions shall include: 
 
                 (a)  monitoring the implementation and administration of 
                      this Chapter, including the progress of the 
                      subcommittees and working groups established under 
 
 
                                          9-11  
 
 
 
 
 
 
  
 
 
 
 
 
                      paragraph 4, and the operation of the inquiry points 
                      established under Article 910; 
 
                 (b)  facilitating the process by which the Parties make 
                      compatible their standards-related measures; 
 
                 (c)  providing a forum for the Parties to consult on 
                      issues relating to standards-related measures, 
                      including the provision of technical advice and 
                      recommendations under Article 914;  
 
                 (d)  enhancing cooperation on the development, application 
                      and enforcement of standards-related measures; and 
 
                 (e)  considering non-governmental, regional and 
                      multilateral developments regarding standards-related 
                      measures, including under the GATT. 
 
            3.   The Committee shall:  
 
                 (a)  meet on request of any Party and, unless the Parties 
                      otherwise agree, at least once each year; and 
 
                 (b)  report annually to the Commission on the 
                      implementation of this Chapter. 
 
            4.   The Committee may, as it considers appropriate, establish 
            and determine the scope and mandate of subcommittees or working 
            groups, comprising representatives of each Party.  Each 
            subcommittee or working group may: 
 
                 (a)  as it considers necessary or desirable, include or 
                      consult with 
 
                      (i)  representatives of non-governmental bodies, 
                           including standardizing bodies,  
 
                      (ii) scientists, and  
 
                      (iii)     technical experts; and 
 
                 (b)  determine its work program, taking into account 
                      relevant international activities.   
 
            5.   Further to paragraph 4, the Committee shall establish: 
 
                 (a)  the following subcommittees  
 
                      (i)  Land Transportation Standards Subcommittee, in 
                           accordance with Annex 913.5.a-1, 
 
 
 
                                          9-12  
 
 
 
 
 
 
  
 
 
 
 
 
                      (ii) Telecommunications Standards Subcommittee, in 
                           accordance with Annex 913.5.a-2, 
 
                      (iii)     Automotive Standards Council, in accordance 
                                with Annex 913.5.a-3, and 
 
                      (iv) Subcommittee on Labelling of Textile and Apparel 
                           Goods, in accordance with Annex 913.5.a-4; and 
 
                 (b)  such other subcommittees or working groups as it 
                      considers appropriate to address any topic, 
                      including: 
 
                      (i)  identification and nomenclature for goods 
                           subject to standards-related measures, 
 
                      (ii) quality and identity standards and 
                           technical regulations, 
 
                      (iii)     packaging, labelling and presentation 
                                of consumer information, including 
                                languages, measurement systems, 
                                ingredients, sizes, terminology, 
                                symbols and related matters, 
 
                      (iv) product approval and post-market 
                           surveillance programs, 
 
                      (v)  principles for the accreditation and 
                           recognition of conformity assessment 
                           bodies, procedures and systems, 
 
                      (vi) development and implementation of a uniform 
                           chemical hazard classification and 
                           communication system, 
 
                      (vii)     enforcement programs, including 
                                training and inspections by 
                                regulatory, analytical and enforcement 
                                personnel, 
 
                      (viii)    promotion and implementation of good 
                                laboratory practices, 
 
                      (ix) promotion and implementation of good 
                           manufacturing practices, 
 
                      (x)  criteria for assessment of potential 
                           environmental hazards of goods,  
 
                      (xi) methodologies for assessment of risk, 
 
 
                                          9-13  
 
 
 
 
 
 
  
 
 
 
 
 
                      (xii)     guidelines for testing of chemicals, 
                                including industrial and agricultural 
                                chemicals, pharmaceuticals and 
                                biologicals, 
 
                      (xiii)    methods by which consumer protection, 
                                including matters relating to consumer 
                                redress, can be facilitated, and 
 
                      (xiv)     extension of the application of this 
                                Chapter to other services. 
 
            6.   Each Party shall, on request of another Party, take such 
            reasonable measures as may be available to it to provide for 
            the participation in the activities of the Committee, where and 
            as appropriate, of representatives of state or provincial 
            governments. 
 
            7.   A Party requesting technical advice, information or 
            assistance pursuant to Article 911 shall notify the Committee 
            which shall facilitate any such request. 
 
 
            Article 914:   Technical Consultations 
 
            1.   Where a Party requests consultations regarding the 
            application of this Chapter to a standards-related measure, and 
            so notifies the Committee, the Committee may facilitate the 
            consultations, if it does not consider the matter itself, by 
            referring the matter for non-binding technical advice or 
            recommendations to a subcommittee or working group, including 
            an ad hoc subcommittee or working group, or to another forum. 
 
            2.   The Committee should consider any matter referred to it 
            under paragraph 1 as expeditiously as possible and promptly 
            forward to the Parties any technical advice or recommendations 
            that it develops or receives concerning the matter.  The 
            Parties involved shall provide a written response to the 
            Committee concerning the technical advice or recommendations 
            within such time as the Committee may request. 
 
            3.   Where the involved Parties have had recourse to 
            consultations facilitated by the Committee under paragraph 1, 
            the consultations shall, on the agreement of the Parties 
            involved, constitute consultations under Article 2006 
            (Consultations). 
 
            4.   The Parties confirm that a Party asserting that a 
            standards-related measure of another Party is inconsistent with 
            this Chapter shall have the burden of establishing the 
            inconsistency. 
 
 
                                          9-14  
 
 
 
 
 
 
  
 
 
 
 
 
            Article 915:   Definitions 
 
            1.   For purposes of this Chapter: 
 
            approval procedure means any registration, notification or 
            other mandatory administrative procedure for granting 
            permission for a good or service to be produced, marketed or 
            used for a stated purpose or under stated conditions; 
 
            assessment of risk means evaluation of the potential for 
            adverse effects; 
 
            conformity assessment procedure means any procedure used, 
            directly or indirectly, to determine that a technical 
            regulation or standard is fulfilled, including sampling, 
            testing, inspection, evaluation, verification, monitoring, 
            auditing, assurance of conformity, accreditation, registration 
            or approval used for such a purpose, but does not mean an 
            approval procedure; 
 
            international standard means a standards-related measure, or 
            other guide or recommendation, adopted by an international 
            standardizing body and made available to the public; 
 
            international standardizing body means a standardizing body 
            whose membership is open to the relevant bodies of at least all 
            the parties to the GATT Agreement on Technical Barriers to 
            Trade, including the International Organization for 
            Standardization (ISO), the International Electrotechnical 
            Commission (IEC), Codex Alimentarius Commission, the World 
            Health Organization (WHO), the Food and Agriculture 
            Organization (FAO), the International Telecommunication Union 
            (ITU); or any other body that the Parties designate; 
 
            land transportation service means a transportation service 
            provided by means of motor carrier or rail; 
 
            legitimate objective includes an objective such as: 
 
                 (a)  safety, 
 
                 (b)  protection of human, animal or plant life or health, 
                      the environment or consumers, including matters 
                      relating to quality and identifiability of goods or 
                      services, and 
 
                 (c)  sustainable development,  
 
            considering, among other things, where appropriate, fundamental 
            climatic or other geographical factors, technological or 
            infrastructural factors, or scientific justification but does 
            not include the protection of domestic production; 
 
                                          9-15  
 
 
 
 
 
 
  
 
 
 
 
 
            make compatible means bring different standards-related 
            measures of the same scope approved by different standardizing 
            bodies to a level such that they are either identical, 
            equivalent or have the effect of permitting goods or services 
            to be used in place of one another or fulfill the same purpose; 
 
            services means land transportation services and 
            telecommunications services; 
 
            standard means a document, approved by a recognized body, that 
            provides, for common and repeated use, rules, guidelines or 
            characteristics for goods or related processes and production 
            methods, or for services or related operating methods, with 
            which compliance is not mandatory.  It may also include or deal 
            exclusively with terminology, symbols, packaging, marking or 
            labelling requirements as they apply to a good, process, or 
            production or operating method; 
 
            standardizing body means a body having recognized activities in 
            standardization; 
 
            standards-related measure means a standard, technical 
            regulation or conformity assessment procedure; 
 
            technical regulation means a document which lays down goods 
            characteristics or their related processes and production 
            methods, or services characteristics or their related operating 
            methods, including the applicable administrative provisions, 
            with which compliance is mandatory.  It may also include or 
            deal exclusively with terminology, symbols, packaging, marking 
            or labelling requirements as they apply to a good, process, or 
            production or operating method; and 
 
            telecommunications service means a service provided by means of 
            the transmission and reception of signals by any 
            electromagnetic means, but does not mean the cable, broadcast 
            or other electromagnetic distribution of radio or television 
            programming to the public generally. 
 
            2.   Except as they are otherwise defined in this Agreement, 
            other terms in this Chapter shall be interpreted in accordance 
            with their ordinary meaning in context and in the light of the 
            objectives of this Agreement, and where appropriate by 
            reference to the terms presented in the sixth edition of the 
            ISO/IEC Guide 2: 1991, General Terms and Their Definitions 
            Concerning Standardization and Related Activities. 
 
 
 
 
 
 
 
                                          9-16  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                Annex 908.2 
 
 
                                      Annex 908.2 
 
                Transitional Rules for Conformity Assessment Procedures 
 
 
            1.   Except in respect of governmental conformity assessment 
            bodies, Article 908(2) shall impose no obligation and confer no 
            right on Mexico until four years after the date of entry into 
            force of this Agreement. 
 
            2.   Where a Party charges a reasonable fee, limited in amount 
            to the approximate cost of the service rendered, to accredit, 
            approve, license or otherwise recognize a conformity assessment 
            body in the territory of another Party, it need not, prior to 
            December 31, 1998 or such earlier date as the Parties may 
            agree, charge such a fee to a conformity assessment body in its 
            territory. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          9-17  
 
 
 
 
 
 
  
 
 
 
 
 
                                                            Annex 913.5.a-1 
 
 
                                    Annex 913.5.a-1 
 
                       Land Transportation Standards Subcommittee 
 
 
            1.   The Land Transportation Standards Subcommittee, 
            established under Article 913(5)(a)(i), shall comprise 
            representatives of each Party. 
 
            2.   The Subcommittee shall implement the following work 
            program for making compatible the Parties' relevant standards- 
            related measures for: 
 
                 (a)  bus and truck operations 
 
                      (i)  no later than one and one-half years after the 
                           date of entry into force of this Agreement, for 
                           non-medical standards-related measures 
                           respecting drivers, including measures relating 
                           to the age of and language used by drivers, 
 
                      (ii) no later than two and one-half years after the 
                           date of entry into force of this Agreement, for 
                           medical standards-related measures respecting 
                           drivers, 
 
                      (iii)     no later than three years after the date of 
                                entry into force of this Agreement, for 
                                standards-related measures respecting 
                                vehicles, including measures relating to 
                                weights and dimensions, tires, brakes, 
                                parts and accessories, securement of cargo, 
                                maintenance and repair, inspections, and 
                                emissions and environmental pollution 
                                levels not covered by the Automotive 
                                Standards Council's work program 
                                established under Annex 913.5.a-3, 
 
                      (iv) no later than three years after the date of 
                           entry into force of this Agreement, for 
                           standards-related measures respecting each 
                           Party's supervision of motor carriers' safety 
                           compliance, and 
 
                      (v)  no later than three years after the date of 
                           entry into force of this Agreement, for 
                           standards-related measures respecting road 
                           signs; 
 
 
                                          9-18  
 
 
 
 
 
 
  
 
 
 
 
 
                                                            Annex 913.5.a-1 
 
 
                 (b)  rail operations 
 
                      (i)  no later than one year after the date of entry 
                           into force of this Agreement, for standards- 
                           related measures respecting operating personnel 
                           that are relevant to cross-border operations, 
                           and 
 
                      (ii) no later than one year after the date of entry 
                           into force of this Agreement, for standards- 
                           related measures respecting locomotives and 
                           other rail equipment; and 
 
                 (c)  transportation of dangerous goods, no later than six 
                      years after the date of entry into force of this 
                      Agreement, using as their basis the United Nations 
                      Recommendations on the Transport of Dangerous Goods, 
                      or such other standards as the Parties may agree. 
 
            3.   The Subcommittee may address other related standards- 
            related measures as it considers appropriate. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          9-19  
 
 
 
 
 
 
  
 
 
 
 
 
                                                            Annex 913.5.a-2 
 
 
                                    Annex 913.5.a-2 
 
                       Telecommunications Standards Subcommittee 
 
 
            1.   The Telecommunications Standards Subcommittee, established 
            under Article 913(5)(a)(ii), shall comprise representatives of 
            each Party. 
 
            2.   The Subcommittee shall, within six months of the date of 
            entry into force of this Agreement, develop a work program, 
            including a timetable, for making compatible, to the greatest 
            extent practicable, the standards-related measures of the 
            Parties for authorized equipment as defined in Chapter Thirteen 
            (Telecommunications). 
 
            3.   The Subcommittee may address other appropriate standards- 
            related matters respecting telecommunications equipment or 
            services and such other matters as it considers appropriate. 
 
            4.   The Subcommittee shall take into account relevant work 
            carried out by the Parties in other forums, and that of non- 
            governmental standardizing bodies. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          9-20  
 
 
 
 
 
 
  
 
 
 
 
 
                                                            Annex 913.5.a-3 
 
 
                                    Annex 913.5.a-3 
 
                              Automotive Standards Council 
 
 
            1.   The Automotive Standards Council, established under 
            Article 913.5(a)(iii), shall comprise representatives of each 
            Party.   
 
            2.   The purpose of the Council shall be, to the extent 
            practicable, to facilitate the attainment of compatibility 
            among, and review the implementation of, national 
            standards-related measures of the Parties that apply to 
            automotive goods, and to address other related matters. 
 
            3.   To facilitate its objectives, the Council may establish 
            subgroups, consultation procedures and other appropriate 
            operational mechanisms.  On the agreement of the Parties, the 
            Council may include state and provincial government or private 
            sector representatives in its subgroups. 
 
            4.   Any recommendation of the Council shall require agreement 
            of the Parties.  Where the adoption of a law is not required 
            for a Party, the Council's recommendations shall be implemented 
            by the Party within a reasonable time in accordance with the 
            legal and procedural requirements and international obligations 
            of the Party.  Where the adoption of a law is required for a 
            Party, the Party shall use its best efforts to secure the 
            adoption of the law and shall implement any such law within a 
            reasonable time. 
 
            5.   Recognizing the existing disparity in standards-related 
            measures of the Parties, the Council shall develop a work 
            program for making compatible the national standards-related 
            measures that apply to automotive goods and other related 
            matters based on the following criteria: 
 
                 (a)  the impact on industry integration; 
 
                 (b)  the extent of the barriers to trade; 
 
                 (c)  the level of trade affected; and 
 
                 (d)  the extent of the disparity. 
 
            In developing its work program, the Council may address other 
            related matters, including emissions from on-road and non-road 
            mobile sources. 
 
 
                                          9-21  
 
 
 
 
 
 
  
 
 
 
 
 
                                                            Annex 913.5.a-3 
 
 
            6.   Each Party shall take such reasonable measures as may be 
            available to it to promote the objectives of this Annex with 
            respect to standards-related measures that are maintained by 
            state and provincial government authorities and private sector 
            organizations.  The Council shall make every effort to assist 
            these entities with such activities, especially the 
            identification of priorities and the establishment of work 
            schedules. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          9-22  
 
 
 
 
 
 
  
 
 
 
 
 
                                                            Annex 913.5.a-4 
 
 
                                    Annex 913.5.a-4 
 
                 Subcommittee on Labelling of Textile and Apparel Goods 
 
 
            1.   The Subcommittee on Labelling of Textile and Apparel 
            Goods, established under Article 913(5)(a)(iv), shall comprise 
            representatives of each Party. 
 
            2.   The Subcommittee shall include, and consult with, 
            technical experts as well as a broadly representative group 
            from the manufacturing and retailing sectors in the territory 
            of each Party. 
 
            3.   The Subcommittee shall develop and pursue a work program 
            on the harmonization of labelling requirements to facilitate 
            trade in textile and apparel goods between the Parties through 
            the adoption of uniform labelling provisions.  The work program 
            should include the following matters: 
 
                 (a)  pictograms and symbols to replace, where possible, 
                      required written information, as well as other 
                      methods to reduce the need for labels on textile and 
                      apparel goods in multiple languages; 
 
                 (b)  care instructions for textile and apparel goods; 
 
                 (c)  fiber content information for textile and apparel 
                      goods; 
 
                 (d)  uniform methods acceptable for the attachment of 
                      required information to textile and apparel goods; 
                      and 
 
                 (e)  use in the territory of the other Parties of each 
                      Party's national registration numbers for 
                      manufacturers or importers of textile and apparel 
                      goods. 
 
 
 
 
 
 
 
 
 
 
 
 
                                          9-23  
 
 
 
 
 
 
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