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ARTICLES

LEGAL RESOURSES

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    • 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:

  • Available scientific evidence or technical information;

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  • Intended end uses;

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  • Processes or production, operating, inspection, sampling or testing methods; or

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  • Environmental conditions.

    • 2. Where pursuant to Article 904(2) (TLCAN: Art. 904) 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:

  • Result in arbitrary or unjustifiable discrimination against goods or service providers of another Party;

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  • Constitute a disguised restriction on trade between the Parties; or

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  • 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 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.