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ARTICLES

LEGAL RESOURSES

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    • Article 908: Conformity Assessment

    1. The Parties shall, further to Article 906 (TLCAN: Art. 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 (TLCAN: Anexo 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:

  • 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;

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  • Initiate and complete the procedure as expeditiously as possible;

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  • In accordance with Article 904(3) (TLCAN: Art. 904), undertake processing of applications in non-discriminatory order;

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  • Publish the normal processing period for each such procedure or communicate the anticipated processing period to an applicant on request;

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  • Ensure that the competent body

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  • 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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  • 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,

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  • Where the application is deficient, proceeds as far as practicable with the procedure where the applicant so requests, and

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  • Informs the applicant, on request, of the status of the application and the reasons for any delay;

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  • Limit the information the applicant is required to supply to that necessary to conduct the procedure and to determine appropriate fees;
  • 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

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  • The same treatment as that for a good of the Party or a service provided by a person of the Party, and

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  • In any event, treatment that protects an applicant's legitimate commercial interests to the extent provided under the Party's law;

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  • 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;

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  • 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;

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  • 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 determine that the good or service continues to conform to the technical regulation or standard; and

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  • 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.