FTAA - Free Trade Area of the Americas
Draft Agreement
Chapter on Market Access
(Continuation)
[Participation in International Fora]36
[5.7 With a view to harmonizing their conformity assessment procedures on as wide a basis as possible, Parties shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing institutions of guides or recommendations for conformity assessment procedures.]
[5.8 These efforts may be carried out in collaboration with the hemispheric accreditations body, the Inter-American Accreditation Cooperation (IAAC) may be requested.]
[5.9 The Parties shall carry out actions necessary for the creation and strengthening of domestic conformity assessment systems based on the recommendations of specialized hemispheric organizations, such as the Inter-American Accreditation Cooperation (IAAC), the Pan-American Standards Commission (COPANT) and the Inter-American Metrology System (SIM), as well as specialized international organizations, such as the International Standards Organization (ISO) and other fora for accrediting entities, among them the International Accreditation Forum (IAF) and the International Laboratory Accreditation Conference (ILAC), in order to make viable the mutual/multilateral recognition of conformity assessment systems.]37
[5…X6 The Parties shall inform the (agency responsible for administering this [Chapter]) of the institutions responsible for accreditation in their respective countries. They shall also communicate the list of public and private institutions authorized to issue conformity certificates, inspection reports and laboratory test reports, as well as of other institutions making up their conformity assessment systems. The Parties shall also report on any changes in said lists.]
[5…X7 The Parties agree to strengthen their conformity assessment systems and structures and to foster the participation of their official accreditation agencies in the Inter-American Accreditation Cooperation (IAAC).]
[5…X8 The Parties agree to participate in the definition and adoption of recommendations and to formulate and promote Mutual/Multilateral Recognition Agreements under the Inter-American Accreditation Cooperation (IAAC) and at the international level, for the purpose of the recognition of the results of conformity assessment procedures.]
[5…X9 The Parties shall promote accreditation in the sectors that conduct the greatest volume of trade in the hemisphere.]
[5…X10 The Parties shall fully participate, within the limits of their resources, in the preparation by international competent institutions with standardization activities of guidelines or recommendations referring to conformity assessment procedures.]
[5…X11 The collaboration of related hemispheric organizations may be requested to coordinate common positions at international fora.]
[[Equivalence and] Mutual Recognition Agreements]
[5.10 The Parties shall ensure, whenever possible, that results of conformity assessment procedures in other Parties are accepted, even when those procedures differ from their own, provided they are satisfied that these procedures offer an assurance of conformity with relevant technical regulations [or standards] equivalent to their own procedures. [Prior to accepting the results of conformity assessment procedures in accordance with the provisions of the foregoing paragraph, and in order to strengthen the continuing reliability of the results of the conformity assessment procedures of each party, the parties may consult on matters such as the technical capacity of the conformity assessment bodies in question, including verification of compliance with relevant international standards by means of methods such as accreditation.] At the request of the exporting Party, the importing Party shall explain in writing the reasons for not accepting the results of the conformity assessment procedures. [Consultations may be held in order to arrive at a mutually satisfactory understanding regarding, in particular:]
[5.10.1 adequate and enduring technical competence of the relevant conformity assessment bodies in the exporting Party, so that confidence in the continued reliability of their conformity assessment results can exist; in this regard, verified compliance, for instance through accreditations, with relevant guides or recommendations issued by international standardizing bodies shall be taken into account as an indication of adequate technical competence;]
[5.10.2 limitation of the acceptance of conformity assessment results to those produced by designated bodies in the exporting Party.]]
[5.11 The Parties are encouraged, at the request of other Parties, to be willing to enter into negotiations for the mutual recognition of the results of each others’ conformity assessment procedures. Parties may require that such agreements fulfill the criteria of Article 5.1[0], and give mutual satisfaction regarding their potential for facilitating trade in the products concerned. If an importing Party refuses to engage in or conclude negotiations designed to reach agreements for mutual recognition of the results of their respective conformity assessment procedures, it shall explain in writing to whoever so requests its reasons for doing so. [It][They] may, in addition, hold consultations to this end.]
[5.12 Each Party shall favourably consider, at another Party’s request, entering into negotiations for the mutual recognition of the results of each others’ conformity assessment procedures.]
[5.13 Parties shall support cooperation among testing laboratories, [certification][Certifying] bodies [, Accreditation bodies] and inspection bodies {[designed to promote mutual acceptance of the results of their operations][in order to foster mutual acceptance of their conformity assessments and ensuing results]}.]
[5.14 Parties are encouraged to permit participation of conformity assessment institutions located in the territory of other Parties in their conformity assessment procedures under conditions no less favourable than those accorded to bodies located in their own territories or that of any country. If an importing Party refuses to authorize the conformity assessment institutions of another Party to participate in its conformity assessment procedures, it shall explain in writing to whomever so requests the reasons for its objections. It may, in addition, hold consultations to this end. If the reasons are due to restrictions in the laws of the importing country, it shall make all necessary efforts to adapt its laws accordingly.]
[5.15 Parties are encouraged to accept, when possible, suppliers’ declaration of conformity.]
[Conformity Assessment Procedures]
[5.16 With regard to their conformity assessment procedures, each Party shall be under the following obligations:
[a) not to adopt or maintain stricter conformity assessment procedures or apply them more strictly than necessary, to create confidence that a good [or a service] conforms to the technical regulation or applicable standard, taking account of the risks non-conformity would create;]
[b) to initiate and complete the procedure as expeditiously as possible;]
[c) to establish a non-discriminatory order [for the processing of the application];]
[d) to publish the process and the normal duration of each of these procedures or, upon request, inform the applicant of said information;]
[e) to grant national treatment to originating goods [and services] of the other Party and no less favourable treatment than that granted to its own like goods [and services] or those of any other country;]
[f) to ensure that the competent national body [or authority]
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, being the responsibility of the applicant to correct any deficiencies in the corresponding period;
ii. transmits to the applicant as soon as possible the results of the conformity assessment procedure in a precise and complete manner so that the applicant may take any necessary corrective action;
iii. when the application is deficient, proceed as far as practicable if the applicant so requests, and
iv. informs the applicant, upon request, of the status of the application and the reasons for any delay;]
[g) to limit the information the applicant is required to submit to that necessary to assess the conformity and to determine the appropriate cost of the assessment;]
[h) to 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}{with respect to a good [or service] of the other Party.}
i. the same treatment as that accorded to the information related to a good [or service] of the Party and
ii. treatment that protects the [legitimate] commercial interests of the applicant;]
[i) to ensure that any fees that are charged for assessing the conformity of a good [or service] that is exported from another Party, are equitable in relation to any fees chargeable for assessing the conformity of an identical or like good [or service] of the Party, taking into account communication, transportation and other costs;]
[j) to ensure that the location of facilities at which a conformity assessment procedure and the selection of samples do not cause unnecessary inconvenience to applicants {of}{or} their agents;]
[k) whenever necessary and possible, to ensure that the procedure is carried out at the premises where the good is produced [and that a mark of conformity is granted, if warranted];]
[l) to limit the conformity assessment procedure to that necessary to determine that a good [or service] that has been subsequently modified still meets the [applicable]technical regulations or standards, provided that prior to its modification the good [or service] met the pertinent requirements established by that technical regulations or standard;]
[m) to limit any requirement regarding samples of a good to that which is reasonable, and ensure that the selection and collection of samples does not cause unnecessary inconvenience to an applicant or its agent;]
[n) the size of the sample shall be determined by [international guides or recommendations] [standards];]
[o) there shall be a procedure for examining complaints regarding the application of a conformity assessment procedure and corrective measures shall be adopted when such a complaint is justified.]]
[5…X12 In carrying out conformity assessment procedures, the parties may make use of the technical capacity and infrastructure of accredited bodies established in the territory of the other parties.]
[Authorization Procedures]38
[5…X13 With regard to their authorization procedures, each party shall apply Article 5.16, except for lines (j), (k), and (l), replacing all references to “conformity assessment procedures” with the phrase “authorized procedures”.]
[5.17 With regard to their authorization procedures, each Party {shall be under the following obligations}{shall provide the following assurances}:
[a) not to adopt or maintain approval procedures that are 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) to initiate and complete the procedure as expeditiously as possible and not be discriminatory;]
[c) to notify the applicant, upon request, the approximate duration of the procedure;]
[d) to 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, holding the applicant responsible for remedying such deficiencies within the proper time frame};
ii. transmits to the applicant as soon as possible the results of the 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;]
[e) limit the information the applicant is required to supply to that necessary to conduct the procedure and to determine appropriate fees;]
[f) 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] }{with respect to a good [or service] of the other Party}.
i. the same treatment {as that for a good of the Party [or a service provided by a person of the Party] and }{ as accorded to information with respect to a good [or service] 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 }{treatment protecting the applicant’s commercial interests}; ]
[g) 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 of any other country,}{is consistent with the fee collected for the procedure for a similar or identical good [or service] of the Party,} taking into account communication, transportation and other related costs;]
[h) limit any requirement regarding samples of a good to that which is reasonable, {and ensure that the selection of samples does not unnecessary inconvenience to an applicant or its agent.}]]
Article 6. Metrology
[6.1 Activities in metrology shall be guided by the Metric Convention, the use of the International System of Units (SI), and by the provisions of agreements reached in the context of the [International [Bureau][Conference] of Weights and Measures], [(BIPM/IBWM)], [CIPM/ICWM] and of the International Organization of Legal Metrology [(OIML/IOLM)], securing the organization of measurement systems according to a traceability structure at the international level.]
[6…X1 The Parties undertake to adopt the International System of Units (IS). In this regard, they shall establish time frames and develop the instruments and strategies necessary for adjusting national structures to the technological change that should result from the adoption of said System.]
[6.2 For activities related to legal metrology, Parties shall adopt the [guidelines][recommendations and documents] of the [International Organization of Legal Metrology] (OIML/IOLM).]
[6.3 The Parties undertake to protect, preserve and communicate their national patterns and measurement instruments, maintaining their traceability, based on international patterns.]
[Use of International Patterns]
[6.4 The Parties shall, insofar as possible, [make] [guarantee the traceability of] their metrology standards [compatible, based on international standards][in accordance with the recommendations of the International Bureau of Weights and Measures (BIPM/IBWM) and the OIML/IOLM].]
[6.5 Parties shall support cooperation {among}{by} their national metrology laboratories, {by calibration laboratories} and {among}{by} bodies making up the [legal] metrology networks in order to establish a technical foundation for establishing the provisions of this [Chapter].]
[6.6 Parties shall carry out efforts to support the participation of their national metrology laboratories in relevant technical fora at the subregional, regional and international levels.]
[6.7 Parties shall, through their national Metrology laboratories, support the activities conducted by the Inter American Metrology System (SIM), through its subregional networks.]
[6.8 Parties shall explore opportunities to share the infrastructure of metrology laboratories[, when appropriate,] as a way of taking optimal advantage of installed capacity and minimize the investments required to organize these activities.]
[6.9 Parties shall [ensure][promote the establishment of][seek to establish, insofar as possible] common procedures for [[establishing][approving] measurement models and methods for the] metrological [verification of pre-measured product in order][control], to facilitate trade in the region.]
Article 7. Transparency Requirements and Information Systems
[Notifications]
[7.1 Parties shall provide access to [all] the [other] Parties to this [Agreement with information on [the activities of standardization, technical regulations, conformity assessment procedures][standards-related, accreditation and metrology measures], particularly those that influence trade between [the countries][the Parties].]39
[7.2 The Parties, through their designated authorities, shall report to the Committee on Technical Barriers to Trade {referred to in Article 10} notifications it makes to the WTO, giving special emphasis to Articles 2.9, 2.10, 5.6 and 5.7 of the TBT Agreement. These notifications shall be made according to the formats established in the WTO TBT Agreement.]
[7.3 Each Party shall notify the other Parties about the standards-related and metrology measures which it intends to establish, before they come into effect.]
[7…X1 The Parties shall notify the other Parties, through the (agency responsible for administering this [Chapter]), of any draft standardization, accreditation and metrology measures they intend to adopt as mandatory, no less than 90 days prior to the adoption of said measures.]
[7.4 {In the cases where an international standard does not exist, or where the technical content of a proposed technical regulation is not in accordance with the technical content of relevant international standards, and if the technical regulation may have a significant effect on the trade of other Parties} {In cases where a relevant international standard does not exist, or where the technical content of a technical regulation or conformity assessment procedure for a proposed technical regulation is inconsistent with the technical content of relevant international standards, and where such technical regulation could have a significant effect on trade by the Parties,} each Party shall notify the others in writing as to the proposed measure at least sixty (60) days before the measure is adopted so that interested parties may present and formulate observations and conduct consultations to be taken into account by the notifying Party [These notifications shall be made according to the formats established in the WTO TBT Agreement].]
[7.5 {The Party shall deliver} {In proposing the adoption or modification of a standardization or metrology-related measure, each Party shall deliver} a copy of the measure proposed to the other Parties or any other interested person, upon request, and when possible shall identify the provisions that differ substantially from the relevant international standards.]
[7.6 Once the [measure][technical regulation] has been adopted, the Party shall deliver a copy to the other Parties through their enquiry points.]
[7.7 Each Party shall notify the others when a [standards-related measure][technical regulation] is no longer valid.]
[7.8{The Parties shall notify the Committee on Technical Barriers to Trade of its efforts to update its technical regulations [and shall immediately forward data to the inquiry point of the other Party in the formats} {Each Party shall give the other Parties annual written notice of its standardization plans and programs and shall promptly forward such notices to the other Party’s enquiry point [in the formats} established under the WTO TBT Agreement].]
[7…X2 Once a standards-related, accreditation or metrology measure has been adopted as a mandatory measure by a Party, that Party shall provide a copy to the (agency responsible for administering this [Chapter]). It shall also report when such measures become obsolete. (The agency responsible for administering this[Chapter]) shall make this information available to the other Parties.]
[7.9 {Each Party shall give annual written notification to the other Parties about their standards-related plans and programs. }{The Parties shall notify the Committee on Technical Barriers to Trade as to their updating procedures}.]
[7.10 If a Party encounters or is threatened with urgent problems of safety, health or environmental protection or national security , it may omit giving prior notification of the draft technical regulation [, {provided that upon adoption of same it provides notification to the other Parties}]. [{Once the measure is adopted, the Party must}{provided that, upon its adoption, [it meets the following requirements}: (a) immediately notify the other Parties of the technical regulations and products involved, with a brief indication of the objective and rationale of the technical regulations, including the nature of the urgent problems; (b) upon request, provide the objective and rationale behind the technical regulation as well as the nature of the urgent problems.][{it gives notice to the other Parties]}]
[7.11 When a Party rejects a shipment [or service provision] through administrative channels, due to noncompliance with a standards-related or metrology measure, it shall give written notification without delay, to the owner of the shipment [or the service provider] as to the technical justification of the refusal.]
[7.12 The designated authorities shall inform the Committee of their main export products about which they are particularly interested in keeping informed, as regards standards-related measures that could affect these products. The Committee shall only notify the Parties regarding standards-related measures affecting the above-mentioned products.]
[7.13 The Parties, with the participation of the relevant hemispheric entities, commit to [collaborating in the development of and] maintaining the [Hemispheric Information System][hemispheric information systems] on [standards, technical regulations, conformity assessment procedures][standards-related], [accreditation] and metrology [measures] in a manner that serves the interests of hemispheric trade.]
[7…X3 Within thirty (30) days after this agreement enters into force, each Party shall notify the other FTAA Parties of the entity it has designated to carry out the notifications required under this Article.]
[Enquiry Points]40
[7.14 Each Party shall ensure that there [is a][are] designated [authority][bodies] capable of responding to all reasonable requests for information from other Parties and from interested parties of the other Parties {and [expedite][making available] relevant documents on its [standards-related measures][activities related to standards, technical regulations, conformity assessment procedures and metrology]} {and providing relevant documents on their standardization [measures] [activities][,technical regulations, conformity assessment procedures and metrology.]}]
[7.X4 Each Party shall ensure that there is at least one enquiry point in its territory capable of responding to all reasonable questions and requests from other Parties and from interested parties, as well as providing relevant and up-to-date documents on any measures relating to standards, metrology patterns or conformity assessment procedures adopted or proposed within its territory by government agencies and nongovernmental organizations.]
[7.15 This enquiry point shall also provide up-to-date documentation required regarding any standards-related measure, metrology patterns or conformity assessment procedures adopted or proposed in their territory by governmental or nongovernmental bodies.]
[7.16 Each Party shall inform the other FTAA Parties about [its appointed enquiry point within at most thirty (30) days of signing this agreement][the entity it has appointed as its enquiry point in its territory, and the scope of its activities which shall include responding to all reasonable requests and questions from another Party or interested person, as well as for supplying pertinent, updated documentation concerning any standards-related or metrology measure, or authorization procedures adopted or proposed within its territory by government or nongovernmental bodies].]
[7.17 Parties shall make efforts to develop and improve their information systems and enquiry points concerned with the activities of standards, technical regulations, conformity assessment procedures [and][,] metrology [and authorization procedures].]
[7…X5 The Parties agree to take steps to support the creation, development and strengthening of National Centers for purposes of notification, consultation and distribution of information, in accordance with the requirements of the WTO TBT Agreement.]
[7.18 When a Party establishes more than one enquiry point, it shall [inform][communicate with] the other Parties as to each center’s scope of responsibilities and shall ensure that any application sent to the incorrect information center be immediately forwarded to the correct enquiry point.]
[7.19 When an enquiry point [requests][receives requests for] copies of [documents][technical regulations] [these shall be provided free of charge.] [the] [I][i]nterested [[P][p]arties][persons] [shall be provided with these at the same prices as nationals][may receive them at the same cost as a national] plus the cost of postage].]
Article 8. Technical Cooperation and Assistance
[8.1 [In order to ensure better compliance with this [Chapter]] The Parties agree that there is a strong need for structured action in the field of cooperation and technical assistance{[, to establish mutual confidence among all of the countries of the region on technical matters and to facilitate trade,]} based, as a point of departure, on the different levels of development in the standardization, [conformity assessment,] accreditation, certification, testing and metrology institutions in each of the Parties [, through concrete programs to meet their needs and establish ties of technical confidence among countries of the region].]
[8.2 Upon the request of a Party, another Party may provide technical assistance [or information], to the extent of its abilities {[and on mutually agreed terms], with the aim of aiding in the fulfillment of this [Chapter] and strengthening the standards-related [and metric] activities, [[processes, systems and measures][technical regulations, conformity assessment and metrology]] of the Party making the request.} {with regard to standardization infrastructure and measures] to help implement the provisions of this [Chapter] and to strengthen the requesting Party’s standardization activities [processes, systems and measures][technical regulations, conformity assessments] and metrology]}.]
[8.3 Parties shall encourage their national [standardizing][standardization] bodies [with a presence][to be represented], in international [standardizing][standardization] bodies [whenever][if]possible, to foster the search for common positions in developing international standards, whether through regional [standardizing][standardization] bodies or with the national [standardizing][standardization] bodies of [another Party][other parties].]
[8.4 Upon request, a Party shall assist another Party, to the extent of its ability, to participate in international standardizing bodies.]
[8.5 {Specific [cooperation and] [technical] assistance [and cooperation] programmes [in the areas of standardization, conformity assessment, metrology and accreditation] could [advantageously][may be [aided][conducted][in the different areas] by specialized] [by assistance from] the regional organizations [, [such as] [and particularly] COPANT, SIM and IAAC} {Specific [assistance and cooperation] [cooperation and assistance] programs in the areas of [standards][standardization], conformity assessment [authorization procedures] [and] metrology [and accreditation] could be conducted [with certain advantages, in different areas] by specialized regional bodies [, [specifically][such as] COPANT, [the]SIM [and the][the]IAAC} [in guiding the promotion of specific programmes for assistance and cooperation in the areas of standards, conformity assessment, metrology [authorization procedures] and accreditation.] [These programs can involve international and multilateral organizations.] [Such programs could, as appropriate, involve international and multilateral entities.]]]
[8…X1 The Parties may conduct joint efforts for the purpose of managing technical cooperation received from non-Party countries.]
[8.6 Such programs could, as appropriate, involve international and multilateral entities.]
[8.7 The Parties [agree to][shall] provide technical [and financial] assistance and cooperation to [the] other Parties, according to the means and under conditions mutually agreed upon, [as well as to][and] facilitate the provision of such assistance and cooperation by competent international or hemispheric organizations, in order to strengthen activities directed at:
[a) the application of this [Chapter];]
[b) the implementation of the WTO-TBT Agreement;]
[c) more active participation in international standardization, [accreditation][conformity assessment] and metrology processes; ]
[d) strengthening of the physical and technical infrastructure of domestic systems for [standardization, technical regulations,] conformity assessment, [standardization, accreditation] [and][,] metrology [and information]; ]
[e) support for the development and application of international and regional standards; and]
[f) education, instruction and training of the necessary human resources.]]
[Article 9. Special and Differential
Treatment]
[9…X1 The Parties shall accord to countries with smaller economies within this Agreement differential and more favourable treatment with respect to the preparation, adoption and application of standards-related measures, authorization procedures and metrology.
The Committee on Technical Barriers to Trade shall be empowered to grant to countries with smaller economies, upon request, specific exemptions for a limited time from compliance with all or part of their obligations arising under the present Agreement.]
[9.1 It is recognized that some countries of the hemisphere have special problems of standards infrastructure and human technical insufficiency. {The special development and trade needs of these Parties, as well as their technological stage of development, could diminish their capacity to comprehensively conform to the obligations arising from this Agreement.} {The special development and trade needs of these countries limit their ability to meet their obligations under the WTO Agreement on Technical Barriers to Trade serving as basis for this Agreement.}]
[9…X2 It is recognized that some developing countries may have special problems, particularly of an institutional nature and of infrastructure, in drawing up and applying standards-related measures. It is further recognized that the special development and trade needs of these Parties, as well as their technological stage of development, could diminish their capacity to comprehensively conform to the obligations arising from this Agreement]
[9.2 Parties recognize that, although international standards, guides or recommendations may exist, in their particular technological and socio-economic conditions, developing countries adopt certain technical regulations, standards or conformity assessment procedures aimed at preserving indigenous technology and production methods and processed compatible with their development needs. [Parties therefore recognize that developing countries should not be expected to use international standards as a basis for their technical regulations or standards, including testing methods, that are not appropriate to their development, financial and trade needs].]
[9.3 Special and [Differential][differential] treatment in the areas of [Technical Barriers to Trade][technical barriers to trade] shall constitute:
[a) flexibility for bilateral arrangements between countries that are Parties to this Agreement]
[b) phasing of time for full implementation of the Agreement for countries not possessing the adequate standards infrastructure]
[c) giving priority to technical assistance for those countries in training and cooperation programmes geared to upgrading the capability of those countries engaged in regional trade]
[d) the more developed parties shall make all reasonable efforts to provide technical assistance in order to assist the less developed parties to this agreement to better fulfill their obligations.]]
[9…X3 In applying and implementing this [Chapter], the Parties shall take into account the problems and constraints stemming from differences in development levels and the size of the economies of the countries. In this regard, they shall implement special technical and financial assistance programs for strengthening institutions and infrastructure relevant to the preparation, adoption and application of standards-related, accreditation and metrology measures, as well in connection with technological development, so as not to create technical barriers to the expansion and diversification of trade flows among said countries.]
[Article 10. Committee on Technical Barriers to Trade] (not included in w/121)
[The parties hereby establish a Committee on Technical Barriers to Trade to review the working of this [[Chapter]] and matters relating to technical [cooperation and] assistance [to the Parties][in the region].]
[10…X1 By virtue of the present agreement, a Committee on Technical Barriers to Trade is hereby established, which shall be made up of one regular and one alternate representative from each party. The Committee shall elect its chairperson and meet as necessary, at least once each year, to give the Parties an opportunity to consult with one another on any question relating to the operation of the present agreement or the fulfillment of their objectives.]
[10…X2 The Committee shall consider matters relating to this [Chapter], and shall have the following duties:
a) to analyze and propose solutions for cases in which standards-related measures, authorization procedures or metrology problems are considered by a Party to constitute technical barriers to trade.
b) to facilitate the process through which the Parties can make their standards-related measures, authorization procedures and metrology compatible.
c) to foster cooperation activities between the Parties.
d) to assist in the risk assessments carried out by the Parties.
e) to cooperate in the development and strengthening of standards-related measures and metrology by the parties, and
f) to facilitate the process by which the parties can establish mutual recognition agreements.]
[Article 11 Consultations and Dispute
Settlement]
[11.1 In the event of a dispute between parties regarding the provisions of this [Chapter], the Party affected may have recourse to either the Committee on Technical Barriers to Trade, or the dispute settlement mechanism under this agreement. Parties may not seek remedies through both avenues simultaneously.]
[11.2 In the event that the technical recommendation issued by the Committee fails to settle the dispute between the Parties, they may invoke the dispute settlement mechanism established in the agreement. The technical information produced by the Committee shall be considered if consultations are convened under the dispute settlement mechanism.]
[Article 12. Definitions]
[[For the purposes of this [Chapter]] [The Terms used in][the definitions and explanatory notes of Annex 1 of the WTO TBT Agreement, in accordance with] the current ISO/IEC Guide 2 “General Terms and their definitions in relating to standards and standards related matters” shall apply[. The][, as will the] international vocabulary of the Basic and General Terms in Metrology jointly prepared by ISO, IEC, BIPM, IFCC, IUPAC and OIML shall apply. [In addition the following shall be defined as follows:][In addition, the following definitions shall apply:]
[Administrative Refusal: actions taken by a public administration body in the importing Party, in the exercise of their rights, to refuse a shipment access to their territory [or the provision of a service], for technical reasons.]
[Authorization Procedure: any administrative process which is obligatory for {obtaining a registration, such as a permit}{obtaining registration, a permit}, license or any other authorization, with the aim that a good [or service] be [produced,] marketed or used for defined purposes or according to established conditions.]
[{Certificate of Conformity} {Mark of Conformity for Certification}: a mark applied or issued in accordance with a certification system, indicating that the product, process [or service] in question follows a standard or other such specific document.]
[Conformity Assessment Procedure: any procedure used, directly or indirectly, to determine that a technical regulation or standard is fulfilled, including, among others, sampling, testing and inspection, evaluation, verification and assurance of conformity, registration, accreditation and approval, separately or in various combinations.]
[International Standard: a standard, or other guide or recommendation, adopted by an international standardizing body and made available to the public.]
[International [Standardizing] [Standardization] Body] [Bodies for Standardization and Metrology]: a standardizing body whose membership is open to the relevant bodies belonging to at least all the Parties in the WTO Agreement on Technical Obstacles to Trade, including the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC), the Codex Alimentarius Commission, the International Organization for Legal Metrology (IOLM)[IOLM], the International Commission on Radiological Units and Measures (ICRU), or any other body appointed by the Parties.]
[Legitimate Objectives: [{include the guarantee for safety or protection of human, animal or plant life or health, the environment, or the prevention of practices which may mislead or deceive consumers, including issues related to identifying goods [or services], taking into account, among other things, where appropriate, fundamental climatic or other geographical factors, technological or infrastructural factors, or scientific justification.}][{include national security requirements, the prevention of deceptive practices, protection of human health or safety, animal or plant life or health, or the environment}.]]
[To Make Compatible: to bring different standards-related measures of the same scope approved by different standards-related 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.]
[National Standard: A standard prepared or adopted by a National Standards Body.]
[Pre-Measured Product: A packed or packaged product marketed by measured units.]
[Regional Standard: A standard prepared and promulgated by a Regional Standards Body such as the Pan American Standards Commission (COPANT).]
[Risk Assessment: assessment of the potential damage that any good [or service] traded between the Parties might cause {to human, animal, plant health or safety or to the environment} {to the achievement of legitimate objectives}.]
[Service: any service, {within the scope of application [subject to the FTAA Services [Chapter]][of this Agreement]}{within the scope of this Agreement} [which is subject to standardization or metrology measures and any others that the Parties may agree to in future negotiations].]
[Standards-Related Measure: A standard, technical regulation, or conformity assessment procedure.]
[Standardization Body: any body whose standardization activities are recognized.]
[Standard: Document approved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products [or for services] or related processes and production 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 product [or a service], process or production method. The definition of standard may also include a pattern or artifact used in metrology.]
[[WTO] TBT Agreement: the Agreement on Technical Barriers to Trade, which is part of the Agreement on the World Trade Organization (WTO).]
[Technical Competence: Aptitude [for] and [suitability for knowledge][suitable knowledge] about an issue, technique or subject.]
[Technical Regulation: Document which lays down product characteristics or their related processes and production {methods, including the} {methods (or the characteristics of services or 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 {product, process or production method} {product, [services], production processed or methods or related operations}.]
[Traceability: Property of the result of a measurement or standard in a way that may be related to certain references, generally to national or international standards by means of a continuous chain of comparisons where all uncertainties are determined.]]]
TECHNICAL BARRIERS TO TRADE
1. Each Party shall make every effort to fully implement and abide by the World Trade Organization Agreement on Technical Barriers to Trade;
2. In order to assist the less developed Parties to this Agreement better fulfill their commitments the more developed Parties will make all reasonable efforts to provide technical assistance;
3. The Parties hereby establish a Committee on Technical Barriers to Trade which shall meet every second year to review matters related to this [Chapter], including any matter falling under the scope of the subject matter of the TBT noted in Paragraph 1 above that has a particular interest to Parties to the Agreement as well as issues related to the technical assistance as provided in paragraph 2 above.]
36 It was proposed that this subheading be placed in Article 2.
37 It was proposed this paragraph be moved to Article 2 under the section “[Relationship with International Technical Fora][and Participation in International Fora]”.
38 It was proposed that the subheading “Authorization Procedures” be placed in a separate article.
39 It was proposed that paragraph 7.1 be placed under the subheading “Enquiry Points”.
40 It was proposed that paragraphs 2.15 and 7.1 be placed under this subheading.
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