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ARTICLES

LEGAL RESOURSES

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    • 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, 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) (TLCAN: Art. 907).

    Non-Discriminatory Treatment

    3. Each Party shall, in respect of its standards-related measures, accord to goods and service providers of another Party:

  • National treatment in accordance with Article 301 (TLCAN: Art. 301) (Market Access) or Article 1202 (TLCAN: Art. 1202) (Cross-Border Trade in Services); and

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  • 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:

  • The demonstrable purpose of the measure is to achieve a legitimate objective; and

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  • The measure does not operate to exclude goods of another Party that meet that legitimate objective.