Technical Barriers to Trade

55(c) TBT Agreement means the Agreement onTechnical Barriers to Trade, which is part of theWTO Agreement; and(d) technical regulations has the meaning set out inthe TBT Agreement and includes standards thatregulatory authorities of a Party recognise asmeeting the mandatory requirements related toperformance-based regulations.Article 4Affirmation of the TBT Agreement1. The Parties affirm their existing rights and obligationswith respect to each other under the TBT Agreement.2. Nothing in this Chapter shall prevent a Party frompreparing, adopting or applying, in accordance with its rightsand obligations under the TBT Agreement, technicalregulations which are not more trade restrictive thannecessary to fulfil a legitimate objective, taking into accountthe risks that non-fulfilment would create. Such legitimateobjectives are, inter alia, national security requirements, theprevention of deceptive practices, the protection of humanhealth or safety, animal or plant life or health, or theenvironment.Article 5International Standards1. The Parties shall use relevant international standards,guides or recommendations, or the relevant parts of them, tothe extent provided in Articles 2 and 5 and Annex 3 of theTBT Agreement, as a basis for their technical regulations andrelated conformity assessment procedures, except whensuch international standards, guides or recommendations ortheir relevant parts would be an ineffective or inappropriatemeans for the fulfilment of the legitimate objectives pursued.

57Article 7Conformity Assessment Procedures1. The Parties shall seek to use, on a case by case basis,a broad range of mechanisms to facilitate the acceptance ofconformity assessment procedures conducted in the Area ofthe other Party, including:(a) promoting recognition of cooperative arrangementsbetween accreditation agencies located in eachother’s Area;(b) implementing unilateral recognition by one Party ofthe results of conformity assessments performed inthe other Party’s Area;(c) implementing mutual recognition of conformityassessment procedures conducted by bodieslocated in the respective Areas of the Parties;(d) recognising accreditation procedures of the otherParty for qualifying conformity assessment bodies inthat Party’s Area;(e) recognising the other Party’s designation ofconformity assessment bodies;(f) utilising relevant regional and internationalmultilateral recognition agreements andarrangements; and(g) accepting the declaration of conformity by a supplierin the other Party’s Area.2. The Parties shall intensify their exchange of informationon the mechanisms set out in Paragraph 1 and similarmechanisms with a view to facilitating the acceptance ofconformity assessment procedures and results.

59Article 8Cooperation for Regulatory Effectiveness1. Recognising the important relationship between goodregulatory practices and trade facilitation, the Parties shallcooperate in the areas of standards, technical regulationsand conformity assessment, on a case by case basis,including to:(a) promote good regulatory practice based on riskmanagement principles;(b) improve the quality and effectiveness of theirtechnical regulations;(c) develop joint initiatives for managing risks to health,safety and the environment; and(d) build understanding and capacity to promote betterregulatory compliance.2. The Parties shall implement this Article by establishingwork programmes under Article 10 to, inter alia:(a) exchange information on, inter alia:(i)regulatory systems;(ii) incident analysis;(iii) hazard alerts;(iv) product bans and recalls; and(v) procedures, strategies and programmes forproduct surveillance activities; and(b) cooperate as mutually determined, on, inter alia:

60(i)the development of technical regulations;(ii) regulatory reviews and implementation; and(iii) the development and implementation of riskmanagement principles, including productmonitoring, safety, compliance andenforcement procedures.Article 9Transparency1. In order to enhance the opportunity for the other Partyand interested persons of the other Party to providemeaningful comments on a proposal to introduce a particulartechnical regulation or conformity assessment procedure, aParty publishing a notice under Article 2(9) or 5(6) of the TBTAgreement shall:(a) include in the notice a statement describing theobjective of the proposal and the rationale for theapproach that Party is proposing; and(b) transmit the notice via electronic communication tothe other Party through its enquiry point establishedunder Article 10 of the TBT Agreement at the sametime as it notifies WTO members of the proposalpursuant to the TBT Agreement.2. Each Party shall allow at least 60 days from thetransmission of the notification under Paragraph 1(b) for theother Party and interested persons of the other Party to makewritten comments on the proposal.3. Where a Party makes a notification under Article 2(10)or 5(7) of the TBT Agreement, it shall at the same timetransmit that notification via electronic communication to theother Party through its enquiry point established under Article10 of the TBT Agreement.

614. Where goods are covered by an Annex or animplementing arrangement to which Article 11 applies and aParty takes a measure to manage an immediate risk that itconsiders those goods may pose to health, safety or theenvironment, it shall notify immediately the other Party,through the contact point designated under Article 10 of themeasure and the reasons for the imposition of the measure.5. A Party shall, at the request of the other Party, provideinformation regarding the objective of, and rationale for, astandard, technical regulation or conformity assessmentprocedure that the Party has adopted or is proposing toadopt.Article 10Implementation1. Each Party shall designate a contact point which shallhave responsibility to work collaboratively with the contactpoint of the other Party to:(a) coordinate participation in work programmes withpersons and organisations in their respective Areasthat have responsibility for accreditation ofconformity assessment bodies or relevant technicalregulations;(b) ensure appropriate steps are taken to address anyissue that the other Party may raise related to thedevelopment, adoption, application or enforcementof technical regulations and conformity assessmentprocedures;(c) enhance mutual cooperation in the developmentand improvement of technical regulations andconformity assessment procedures;(d) facilitate, where appropriate, sectoral cooperationamong governmental and non-governmental

62regulatory authorities, accreditation agencies andconformity assessment bodies in the Parties’ Areas;(e) exchange information, where appropriate, ondevelopments in non-governmental, regional andmultilateral fora engaged in activities related tostandardisation, technical regulations andconformity assessment procedures; and(f)take any other steps the Parties consider will assistthem in implementing the TBT Agreement,implementing this Chapter and in facilitating trade ingoods between them.2. Each Party shall provide the other Party with the nameof the designated organisation that shall be its contact pointand the contact details of relevant officials in thatorganisation, including telephone, facsimile, email and otherrelevant details.3. Each Party shall notify the other Party promptly of anychange in its contact point or any amendments to the detailsof the relevant officials.4. The Parties shall establish a Committee on TechnicalBarriers to Trade (“TBT Committee”) consisting of officialsfrom the contact points and any other representatives of theParties to promote and monitor the implementation andadministration of this Chapter. The TBT Committee shallmeet within one year of entry into force of this Agreementand thereafter once every two years or as otherwise mutuallydetermined by the Parties. Meetings may be conducted inperson or via teleconference, video-conference or any othermeans mutually determined by the Parties. The TBTCommittee may also address issues throughcorrespondence, including via electronic communication.5. The functions of the TBT Committee shall include to:

63(a) identify and agree priority sectors and areas forenhanced cooperation, including giving dueconsideration to any sector-specific proposal madeby either Party;(b) where priority sectors or areas have been agreed,establish work programmes with clear targets,design structures and timelines;(c) monitor the progress of work programmesestablished under subparagraph (b);(d) consult with a view to resolving any matter arisingunder this Chapter, in accordance with Article 12;(e) review this Chapter in light of any developments inrelation to the TBT Agreement, and developrecommendations to the Joint Commission foramendments to this Chapter in light of thosedevelopments; and(f) report to the Joint Commission on theimplementation of this Chapter, as it considersappropriate.6. The Parties shall ensure, to the extent possible, that thepersons and organisations in their respective Areas that haveresponsibility for relevant accreditation of conformityassessment bodies or relevant technical regulationsparticipate in work programmes and technical consultationswhere the TBT Committee has:(a) established a work programme under Paragraph5(b); or(b) been requested to undertake technicalconsultations under Article 12.

655. The Parties agree to maintain a programme of ongoingreview and enhancement of Annexes and implementingarrangements.Article 12Technical Consultations1. Either Party may request technical consultations with theother Party with the aim of resolving any matter arising underthis Chapter. Unless the Parties mutually determineotherwise, the Parties shall hold technical consultationswithin 60 days from the request for technical consultations.The technical consultations may be conducted in person orvia email, teleconference, video-conference or any othermeans mutually determined by the Parties.2. Where either Party has requested technicalconsultations pursuant to Paragraph 1, the other Party shall:(a) investigate the issues that gave rise to the requestfor consultations including whether there are anyirregularities in the implementation of its technicalregulations or conformity assessment procedures;(b) give positive consideration to any request toaddress any irregularities identified undersubparagraph (a); and(c) report back to the other Party on the outcome of itsinvestigations, stating its reasons.3. Technical consultations may be referred to the TBTCommittee by either Party for further consideration.4. Any action taken pursuant to this Article andconsultations held pursuant to Paragraph 5(d) of Article 10shall be without prejudice to the rights and obligations of theParties under Chapter 16 (Dispute Settlement) or under theWTO Dispute Settlement Understanding.