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ORGANIZATION OF AMERICAN STATES - TRADE UNIT

PROVISIONS ON STANDARDS AND CONFORMITY ASSESSMENT IN TRADE AND INTEGRATION ARRANGEMENTS OF THE WESTERN HEMISPHERE

SG/TU/WG.STBT/DOC.6/96/Rev.3
9 February 1998
Original: English
Limited Distribution


Part II

PROVISIONS ON STANDARDS AND TECHNICAL BARRIERS TO TRADE
IN BILATERAL FREE TRADE


BILATERAL FREE TRADE AGREEMENTS

Several bilateral agreements with the objective of realizing free trade among signatories have been negotiated by countries in the Western Hemisphere. These agreements have been negotiated principally by Chile and Mexico with their respective trading partners. Chile has negotiated the following free trade agreements:

  • Mexico (implemented on 1 January 1992);
  • Bolivia (implemented 6 April 1993);
  • Venezuela (implemented 1 July 1993);
  • Colombia (implemented 1 January 1994);
  • Ecuador (implemented 1 January 1995);

For its part, Mexico has negotiated the following free trade agreements:

  • with Chile (see above);
  • Bolivia (implemented 1 January 1995);
  • Costa Rica (implemented 1 January 1995).

Provisions on standards and technical regulations contained in these seven bilateral free trade agreements are reviewed in this section, taking the agreements in chronological order.

PROVISIONS ON STANDARDS AND TECHNICAL BARRIERS TO TRADE IN BILATERAL FREE TRADE AGREEMENTS:

Chile-Mexico (Acuerdo de Complementación Económica; 1 January 1992)

Objective: To coordinate and complement economic activities, especially in the areas of goods and services (Art. 1º)

Article 27º, Technical Standards:

The Administrative Commission, referred to in Article 34º of the present Agreement, will analyze the technical, industrial and commercial standards for security and public health of the signatory countries and will recommend the actions considered necessary to avoid that these standards constitute a barrier to reciprocal trade.

A chapter on Technical Standardization and Regulation is being negotiated with Mexico to incorporate disciplines that extend beyond the provisions of the WTO, as part of the current negotiations on a Free Trade Agreement, that will absorb the present ACE 17.

Chile-Bolivia (Acuerdo de Complementación Económica; 16 April 1993)
(Protocolo Adicional "Convenio de Complementación sobre Medidas
Relativas a la Normalización"; 7 July 1997)

Objective: To facilitate, increase and diversify trade in goods and services between the two signatories, promote and stimulate local production and facilitate investment by each signatory in the territory of the other.

Chapter X: Economic Cooperation; Article 19:

The signatory countries will promote cooperation in the following areas:

  1. Standards and controls in the area of animal and vegetal health;
  2. Technical and "bromatológicas" standards;
  3. Standards for public health and security;
  4. Regulatory and monitoring systems in the area of environmental protection. (art. 19 g)

Chile and Bolivia signed an Agreement that incorporates disciplines for measures relating to standardization, that was formally registered with ALADI on December 23, 1997.

Chile-Venezuela (Acuerdo de Complementación Económica; 1 July 1993)

Objective: To establish, in the shortest time delay possible, a wider economic area between the two signatories in order to bring about the free movements of goods, services and factors of production. Article 1(a).

To coordinate and complement economic activities, particularly for industry and services. Article 1(d).

Chapter XI: Technical Standards

Article 23. The Administrative Commission, referred to in Article 33 of the present Agreement, will analyze the technical, industrial and commercial standards for security and public health of the signatory countries and will recommend the actions considered necessary to avoid that these standards constitute a barrier to reciprocal trade.

Chile-Colombia (Acuerdo de Complementación Económica; 1 January 1994)

Objective: To establish, in the shortest time delay possible, a wider economic area between the two signatories in order to bring about the free movements of goods, services and factors of production. Article 1(a).

To coordinate and complement economic activities, particularly for industry and services. Article 1(d).

Chapter XI: Technical Standards

Article 23. The Administrative Commission, referred to in Article 33 of the present Agreement, will analyze the technical, industrial and commercial standards for security and public health of the signatory countries and will recommend the actions considered necessary to avoid that these standards constitute a barrier to reciprocal trade.

With this purpose, the Administrative Commission shall consider, among others, the following principles:

  1. Utilization, when possible, of current international standards, when elaborating technical standards and their specifications;
  2. Granting to the merchandise originating in the territory of the other signatory country national treatment and treatment no less favorable than that accorded to merchandise provided by any other country;
  3. Notification and exchange of information between signatory countries, in proper time, when adopting or modifying any measure on standardization;
  4. Compatibility, when possible, of the signatory countries’ measures on standardization;
  5. Mutual recognition of their certification systems, test laboratories and results of conformity evaluation to be sought, while elaborating the necessary evaluations and specification of the procedures for this recognition.

Chile-Ecuador (Acuerdo de Complementación Económica; 1 January 1995)

Objective: To establish, in the shortest time delay possible, a wider economic area between the two signatories in order to bring about the free movements of goods, services and factors of production. Article 1(a).

To coordinate and complement economic activities, particularly for industry and services. Article 1(d).

Chapter XI: Technical Standards

Article 22. The Administrative Commission, referred to in Article 33 of the present Agreement, will analyze the technical, industrial and commercial standards for security and public health of the signatory countries and will recommend the actions considered necessary to avoid that these standards constitute a barrier to reciprocal trade.

With this purpose, the Administrative Commission shall consider, among others, the following principles:

  1. Utilization, when possible, of current international standards, when elaborating technical standards and their specifications;
  2. Granting to the merchandise originating in the territory of the other signatory country national treatment and treatment no less favorable than that accorded to merchandise provided by any other country;
  3. Notification and exchange of information between signatory countries, in proper time, when adopting or modifying any measure on standardization;
  4. Compatibility, when possible, of the signatory countries’ measures on standardization;
  5. Mutual recognition of their certification systems, test laboratories and results of conformity evaluation to be sought, while elaborating the necessary evaluations and specification of the procedures for this recognition.

Mexico-Bolivia (Tratado de Libre Comercio, 1 January 1995)

Mexico-Costa Rica (Tratado de Libre Comercio, 1 January 1995)

Content of the two bilateral free trade agreements signed by Mexico with Bolivia and Costa Rica, which both became effective on 1 January 1995, is quite similar. Both agreements are extensive and contain elaborate provisions on standards and technical regulations. As they are very similar, the two bilateral agreements will be summarized together according to the main categories of WTO disciplines and provisions that were used in Part I for examination of the trade and integration agreements in the Western Hemisphere, where these are relevant.

I. DEFINITIONS:

A. Standard: a document approved by a recognized institution which anticipates, for repeated and common use, rules, guide lines or characteristics for goods or linked production processes and methods, or for services or connected operation methods, and which application is not obligatory. This document can also include or treat exclusively requirements in terms of terminology, symbols, package, brands or labels applicable to a good, service or process or method of production and operation.

B. Technical Regulation: a document in which the characteristics of goods, services and their respective production processes and methods are established, including the applicable administrative provisions, and which observance is obligatory. It can also include or treat exclusively the prescriptions in terms of terminology, symbols, package or labels applicable to a good, service, process or method of production.

C. Conformity Assessment Procedures: any procedure, used directly or indirectly, to determine if the pertinent requirements established by the technical regulations or standards included the tests, inspection, evaluation, verification, assurance of conformity, accreditation, certification, registration or approval, are fulfilled, but it does not mean a process of approval yet.

D. Standards-Related Measures: the standards, technical regulations or conformity assessment procedures.

[Mexico-Bolivia: Chapter XIII, Article 13-01; Mexico-Costa Rica: Chapter XI, Article 11-01; Bolivia-Chile Article 16)]

E. Risk evaluation: means an evaluation of the possibility of adverse effects.

[Bolivia-Chile, Article 16]

F. Legitimate objectives: include the imperatives of national security, the safety and protection of human, animal, and plant life and health and the environment and the prevention of practices that may induce consumer error, including matters concerned with product identification. Other fundamental factors that need to be considered, if appropriate, relate to such areas as climate, geography, technology, infrastructure, or scientific justification.

[Bolivia-Chile, Article 16]

G. Approval procedures: means the recording, notification, or any other mandatory administrative procedure for granting a permit for the production, marketing, or use of a good for defined purposes or in accordance with established conditions.

[Bolivia-Chile, Article 16]

II. POLICY OBJECTIVES:

A. Standards: at the request of a party, the other parties shall adopt reasonable measures , within their capabilities, to promote the compatibility of specific standards-related measures that exist in its territory with the standards-related measures in the territory of the other Parties, taking into account international standardization activities.

[Mexico-Bolivia, Article 13-08.3; Mexico-Costa Rica, Article 11-07.3]

B. Technical Regulations: without reducing the level of safety or of protection of human, animal or plant life or health, the environment or consumers, without prejudice to the rights of any Party under this Chapter, and taking into account international standardization activities, the Parties shall make compatible, to the greatest extent possible, their respective technical regulations and conformity assessment procedures.

[Mexico-Costa Rica, Article 11-07.2]

Each party shall accept a technical regulation that is adopted by another Party as equivalent to its own when, in cooperation with the importing party, the exporting Party accredits to the satisfaction of the other that its technical regulation adequately fulfills the importing Party's legitimate objectives, and being appropriate shall review it.

[Mexico-Bolivia, Article 13-08.4; Mexico-Costa Rica, Article 11-07.4]

At the request of the exporting Party, the importing Party shall provide its reasons for not treating a technical regulation as equivalent under paragraph 4.

[Mexico-Bolivia, Article 13-08.5]

C. Conformity Assessment Procedures: without reducing the level of safety or of protection of human, animal or plant life or health, the environment or consumers, without prejudice to the rights of any Party under this Chapter, and taking into account international standardization activities, the Parties shall, to the greatest extent possible, make compatible their respective technical regulations and conformity assessment procedures.

[Mexico-Costa Rica, Article 11-07.2]

Each Party shall, whenever possible, accept the results of a conformity assessment procedure conducted in the territory of another Party, provided that it is satisfied that the procedure offers an assurance that the relevant good or service complies with the applicable technical regulation or standard adopted or maintained in the Party's territory.

[Mexico-Bolivia, Article 13-08.6; Mexico-Costa Rica, Article 11-07.5]

The Parties recognize the advantage of achieving reciprocal recognition of their conformity assessment systems, including accreditation bodies, in order to facilitate trade in goods and services between them and promise to work to achieve this objective.

[Mexico-Bolivia, Article 13-09.1; Mexico-Costa Rica, Article 11-08.1]

In addition to that established in the paragraph above, and recognizing the differences that exist in conformity assessment procedures in their respective territories, the Parties shall make compatible, to the greatest extent possible, their respective conformity assessment systems and procedures, to the effect that these be mutually reconcilable with that established in this chapter.

[Mexico-Costa Rica; Article 11-08.2]

For the mutual benefit and in reciprocal fashion, each Party shall accredit, approve, grant licenses or recognize conformity assessment bodies in the territory of another Party on terms no less favorable than those accorded to conformity assessment bodies in its own territory.

[Mexico-Bolivia, Article 13-09.2; Mexico-Costa Rica, Article 11-08.3]

Each Party will give favorable consideration to a request from another Party to negotiate mutual recognition agreements of the results of the other Party's conformity assessment procedures.

[Mexico-Costa Rica, Article 11-08.4]

When required to carry out a conformity assessment procedure for a standard or technical regulation, each Party shall be required to:

  1. not adopt, maintain, or apply conformity assessment procedures stricter than necessary to be certain that the good or service complies with an applicable standard or technical regulation, taking into account the risks that non-conformity would create;
  2. initiate and complete the procedure as expeditiously as possible;
  3. establish a non-discriminatory order for the processing of applications;
  4. grant the merchandise and services originating in the territory of the other signatory country national treatment and treatment no less favorable than that accorded to similar merchandise and services, in its own territory, or to those provided by any other country;
  5. publish the normal processing period for each such procedure or communicate the anticipate processing period to an applicant on request;
  6. ensure that the competent body
    1. upon receipt of the application, promptly examine that the documentation is complete and inform the applicant in a precise and complete manner of any deficiency;
    2. transmit to the applicant the results of the conformity assessment procedure in a precise and complete manner such that the applicant can carry out any corrective action;
    3. when the application is deficient, proceed as far as possible when the applicant so requests; and
    4. inform the applicant, upon request, of the status of the application and the reasons for any delay;
  7. limit the information the applicant is required to supply to that necessary to conduct the procedure and to determine the appropriate fees;
  8. accord to confidential information arising from the procedure or that is supplied in connection with the procedure
    1. the same treatment as that for a good of the Party or a service provided by a person of the Party, and
    2. in any case, treatment which protects the legitimate commercial interests of the applicant;
  9. ensure that any fee that is charged for assessing the conformity of a good or service that is imported from another Party is equivalent with respect to any fee that is charged for assessment of conformity of an identical or similar good or service of the Party that is conducting the assessment, taking into consideration communication, transportation and other related costs;
  10. ensure that the location of facilities at which a conformity assessment procedure is conducted does not cause unnecessary inconvenience to the applicant or its agent;
  11. when possible, ensure that the procedure is conducted in those facilities and is accorded, when it is fitting, a mark of conformity;
  12. for a good or service that has been modified subsequent to a determination that the good or service conforms to the applicable technical regulations or standards, limit the procedure to that necessary to determine that the good or service continues to conform to the technical regulations or standards; and
  13. limit to any requirement regarding samples of a good to that which is reasonable, and ensure that the selection of the samples does not cause unnecessary inconvenience to the applicant or its agent.

[Mexico-Bolivia, Article 13-09.3; Mexico-Costa Rica, Article 11-08.5]

The Parties shall apply, with modifications which may arise, the provisions above to their approval procedures.

[Mexico-Bolivia, Article 13-09.4; Mexico-Costa Rica, Article 11-08.6]

D. Mutual Recognition: Articles 11-07.2 and 11-08.2 in the Mexico-Costa Rica Agreement listed above under conformity assessment procedures, address the issue of mutual recognition.

To speed the facilitation process along, the parties shall give favorable consideration, at the request of the other party, to holding negotiations aimed at signing Agreements of Mutual Recognition of the Results of their respective conformity assessment procedures.

[Bolivia-Chile, Article 8-2]

The functions of the Working Group include inter alia: (b) to facilitate the process through which the Parties will establish Mutual Recognition of their conformity assessment procedures.

[Bolivia-Chile, Article 14-2]

III. RELATIONSHIP TO WTO TBT AGREEMENT:

A. Reference to WTO TBT Disciplines: The Parties mutually affirm their existing rights and obligations related to standards-related measures under the GATT and all other international agreements, including environmental and conservation agreements, to which those Parties are party.

[Mexico-Bolivia, Article 13-04; Mexico-Costa Rica, Article 11-04]

In addition to the provisions of the WTO TBT Agreement, the Parties shall apply the provisions established in this agreement, which come within the scope of the Supplementary Economic Agreement — ACE 22.

[Bolivia-Chile, Article 1]

B. Provisions for National and/or MFN Treatment: Article 13-04 and 11-04 (above) reaffirm the obligations of all members to respect GATT disciplines.

With respect to its standards-related measures, each Party shall accord to goods and service providers of another Party national treatment and treatment no less favorable than that it accords to similar goods or to similar service providers of any other country.

[Mexico-Bolivia, Article 13-05.4; Mexico-Costa Rica, Article 11-05.5]

For the mutual benefit and in reciprocal fashion, each Party shall accredit, approve, grant licenses or recognition to conformity assessment bodies in the territory of another Party on terms no less favorable than accorded to those bodies in its own territory.

[Mexico-Bolivia, Article 13-09.2; Mexico-Costa Rica, Article 11-08.3]

In relation to the conformity assessment’s procedures, each Party shall accord to goods and service originating in another Party national treatment and treatment no less favorable than that it accords to similar goods or to similar service provided by any other country.

[Mexico-Bolivia, Article 13-09.3d]

With respect to their standardization measures, each Party shall grant the products of the other Party national treatment that is no less favorable than the treatment granted to similar products from any other country.

[Bolivia-Chile, Article 4-4]

Each party shall apply their conformity assessment procedures, the following procedures: (d) to grant products originating with the other Party national treatment that is no less favorable than the treatment granted to similar products from any other country.

[Bolivia-Chile, Article 8-1-(d)]

C. Establishment of Enquiry Points: each Party will ensure that there is at least one enquiry point within its territory that is able to answer all questions and reasonable requests of another Party and interested persons and can provide relevant documentation regarding

  1. any standards-related measure proposed or adopted in its territory at the federal or central, state or department, or municipal government level;
  2. the participation and membership of the Party, and its relevant federal or central, state or department, or municipal authorities, in international or regional standardization bodies and conformity assessment systems, in bilateral or multilateral arrangements within the scope of application of this chapter, and in the provision of those systems and arrangements;
  3. the location of notices published pursuant to this chapter, or the place where the information can be obtained;
  4. the location of the enquiry points; and
  5. the Party's procedures for assessment of risk, the factors it takes into consideration when conducting the assessment and in establishing of the levels of protection that it considers adequate pursuant to Article 13-05.1 (Mexico-Bolivia)/11-05.3 (Mexico-Costa Rica).

[Mexico-Bolivia, Article 13-15.1; Mexico-Costa Rica, Article 11-10.1]

When a Party designates more than one enquiry point, it shall

  1. inform the other Parties of the scope of responsibilities of each enquiry point; and
  2. ensure that any enquiry sent to the wrong enquiry point be promptly forwarded to the current enquiry point.

[Mexico-Bolivia, Article 13-15.2; Mexico-Costa Rica, Article 11-10.2]

Each Party shall take such reasonable measures as may be available to it to ensure that at least one enquiry point exists within its territory that is capable of answering all questions and enquiries from another Party and interested persons and to provide relevant documentation or information as to where this documentation can be obtained regarding

  1. any standard or conformity assessment procedure proposed or adopted by non-government standardizing bodies in its territory; and
  2. the membership and participation in international and regional standardizing bodies and conformity assessment systems of relevant non-governmental bodies in its territory.

[Mexico-Bolivia, Article 13-15.3; Mexico-Costa Rica, Article 11-10.3]

Each Party shall ensure that when another Party or interested persons, in accordance with the provisions of this Chapter, request copies of documents referred to in paragraph 14-10.1, these documents are supplied at the same price as the price for domestic purchase, apart from the actual cost of delivery. Copies of technical regulations and required conformity assessment procedures shall be supplied free of charge.

[Mexico-Bolivia, Article 13-15.4; Mexico-Costa Rica, Article 11-10.4]

Each Party shall ensure that there is at least one information center in its territory that can respond to any reasonable questions and requests from the other party and interested persons as well as to provide relevant documentation on all matters covered in this chapter.

[Bolivia-Chile, Article 11]

IV. USE OF INTERNATIONAL STANDARDS:

Each Party shall use, as a basis for its standards-related measures, relevant international standards or international standards whose completion is imminent, except where such standards would not be an effective or adequate means to fulfill its legitimate objectives; for example, because of fundamental climatic, geographical, technological or infra structural factors, in accordance with that already established in this chapter.

A Party's standards-related measures that conform to an international standard shall be presumed to be consistent with Article 14-05, paragraphs 1 and 3.

In pursuing its legitimate objectives, each Party shall be allowed to adopt, maintain or apply any standards-related measure that results in a higher level of protection than would have been achieved if the measure were based on the relevant international standard because of fundamental climatic, geographical, technological or infra structural factors, among others.

[Mexico-Bolivia, Article 13-06; Mexico-Costa Rica, Article 11-06]

V. ADMINISTRATIVE STRUCTURES:

A. Standards Committees and/or Bodies: the Parties hereby create a Working Group (Mexico-Bolivia)/ Committee (Mexico-Costa-Rica) on Standards-Related Measures [Mexico-Bolivia, Article 13-17.1/Mexico-Costa Rica, Article 11-17.2].

The Parties hereby establish the Working Group on Standardization Measures, made up of an equal number of representatives from each Party.

[Bolivia-Chile, Article 14-1]

B. Scope of Activity:

Among the functions that will correspond to the Working Group / Committee are:

  1. monitoring the implementation, compliance and administration of this Chapter, including the progress of the subcommittees and working groups established under paragraph 14-17.4, and the operation of the inquiry points established under 14-10.1;
  2. facilitating the process by which the Parties make compatible their standards-related measures;
  3. offering a forum for the Parties to consult on issues related to standards-related measures and metrology;
  4. reporting annually to the commission about the implementation of this chapter; and
  5. developing necessary procedural mechanisms for achieving recognition of conformity assessment bodies.

[Mexico-Bolivia, Article 13-17.2; Mexico-Costa Rica, Article 11-17.2; Bolivia-Chile, Article 14-2]

The Working Group / Committee:

  1. shall be comprised of an equal number of representatives from each Party;
  2. shall meet on request of any Party and, unless the Parties otherwise agree, at least once a year;
  3. shall establish its regulations; and
  4. make its decisions by consensus.

[Mexico-Bolivia, Article 13-17.3; Mexico-Costa Rica, Article 11-17.3]

The Working Group / Committee shall, as it considers appropriate, establish and determine the scope of action and mandate of any relevant subcommittees or working groups. Each subcommittee and working group shall be comprised of representatives from each Party, and may

  1. as it considers necessary, call to participate in its meetings or consult with
    1. representatives of non-governmental bodies, including standardizing bodies, or chambers and associations of the private sector;
    2. scientists; or
    3. technical experts; and
  2. determine its work program, taking into account relevant international activities.

[Mexico-Bolivia, Article 13-17.4; Mexico-Costa Rica, Article 11-17.4]

Further to paragraph 4 (above) the Working Group / Committee shall establish

  1. the Subcommittee of Standards-Related Measures of Health; and
  2. any other subcommittee and working group that it considers appropriate for analyzing, among others, the following topics:
    1. the identification and nomenclature for goods subject to standards-related measures;
    2. quality and identity standards and technical regulations;
    3. programs for the approval of goods and for the vigilance after its sale;
    4. principles for the accreditation and recognition of test centers, inspection bodies, and conformity assessment bodies;
    5. development and implementation of a uniform classification and information system for hazardous chemicals and the communication of chemical hazards;
    6. programs to ensure fulfillment of existing provisions, including training and inspections by regulatory, analytical, and enforcement personnel;
    7. promotion and implementation of good laboratory practices;
    8. promotion and implementation of good manufacturing practices;
    9. criteria for assessment of potential environmental hazards of goods or services;
    10. analysis of procedures for the simplification of the requirements for the import of specific goods;
    11. guidelines for testing of chemicals, including industrial and agricultural chemicals, pharmaceuticals and biologicals;
    12. methods by which consumer protection, including matters relating to consumer redress, can be facilitated.

[Mexico-Bolivia, Article 13-17.5; Mexico-Costa Rica, Article 11-17.5]

Each Party shall, on request of another Party, take such reasonable measures as may be available to it to provide for the participation in the activities of the Working Group / Committee, where and as appropriate, of representatives of state or provincial governments.

[Mexico-Bolivia, Article 13-17.6; Mexico-Costa Rica, Article 11-17.6]

VI. COOPERATION AMONG MEMBERS OF TRADE AND INTEGRATION ARRANGEMENTS:

A. Cooperation Between Member Standardizing Bodies: each Party will stimulate the cooperation between its standardizing bodies, on standards-related activities. For instance, by obtaining membership in international standardizing bodies.

[Mexico-Bolivia, Article 11-18.2]

B. Technical Assistance: each Party shall, on request of another Party:

  1. provide to that Party technical advice, information and assistance on mutually agreed terms and conditions to enhance that Party's standards-related measures, and related activities, processes and systems;
  2. provide to that Party information on its technical cooperation programs regarding standards-related measures relating to specific areas of interest.

[Mexico-Bolivia, Article 13-18; Mexico-Costa Rica, Article 11-18; Bolivia-Chile Articles 13-1, 13-2, 13-3]

C. Metrology: the Parties shall make compatible, to the greater extent possible, their national metrological patterns using existing international metrological patterns as a guide, whenever the national patterns comprise or appear to create unnecessary obstacles to trade.

[Mexico-Bolivia, Article 13-10; Mexico-Costa Rica, Article 11-12]

The parties undertake to adopt, for purposes of trade, the International System of Units.

[Bolivia-Chile, Article 10]

VII. TRANSPARENCY REQUIREMENTS:

A. Notification: each Party shall inform the other Parties about the standards-related measures it intends to adopt, in accordance with this chapter, before the before the measures become effective and not after notifying its own nationals.

[Mexico-Bolivia, Article 13-14.1; Mexico-Costa Rica, Article 11-09.1]

Upon proposing the adoption or modification of a standards-related measure, each Party shall:

  1. at least 60 days prior to the adoption of modification of the measure, publish a notice and notify the other Parties of its intention to adopt or modify this measure so as to allow interested persons to become familiar with the proposal;
  2. identify in the notice and the notification the good or service to which the measure will apply, and include a brief description of the objective of and motivation for the measure;
  3. provide a copy of the proposed measure to any Party or interested person that so requests, and, whenever possible, identify the provisions that differ substantially from relevant international standards;
  4. without discrimination, allow other Parties and interested persons to make comments and shall, on request, discuss the comments and take into account the comments and the results of the discussions; and
  5. ensure that, upon adoption of the measure, it be promptly published or in some other form be made available to interested persons within the Party so that they may become familiar with it.

[Mexico-Bolivia, Article 13-14.2; Mexico-Costa Rica, Article 11-09.2]

With respect to any technical regulation of a state or department or municipal government, each Party shall

  1. ensure that at an early appropriate stage a notice is published and the other Parties are notified of the intention of that government to adopt or modify the measure;
  2. ensure that the good or service to which the technical regulation will apply is identified within the notice and notification, and include a brief description of the objective and motivation for the adoption or modification;
  3. ensure the a copy of the proposed regulation is provided to the Parties or any interested persons that request it; and
  4. take reasonable measures as may be available to ensure that upon adoption of the technical regulation, it is promptly published or in some other form be made available to interested persons within the Party so that they may become familiar with it.

[Mexico-Bolivia, Article 13-14.4; Mexico-Costa Rica, Article 11-09.4]

Each Party shall inform the other Parties about its standardization programs and plans.

[Mexico-Bolivia, Article 13-14.7; Mexico-Costa Rica, Article 11-09.5]

When a Party considers it necessary to address an urgent problem related to safety or to the protection of human, animal or plant life or health, of the environment or practices that may harm consumers, it may omit any of the steps established in paragraph 2(a) and b), provided that upon adoption of the standard-related measure it shall:

  1. immediately notify the other parties immediately in accordance with the requirements established in paragraph 14-09.2 (b), including a brief description of the urgent problem;
  2. provide a copy of the measure to any Party or interested person who requests it;
  3. without discrimination, permit other Parties or interested persons to make comments and shall, on request, discuss the comments and take into account the comments and the results of the discussions; and
  4. ensure that the measure be promptly published to allow interested persons within the Party to become familiar with it.

[Mexico-Bolivia, Article 13-14.5; Mexico-Costa Rica, Article 11-09.6]

The Parties shall, except when necessary to address an urgent problem referred to in the paragraph above, allow a reasonable period of time to pass between the publication of its standards-related measures and the date they become effective, to provide an opportunity for interested persons to adapt to the measures.

[Mexico-Bolivia, Article 13-14.6; Mexico-Costa Rica, Article 11-09.7]

Each Party shall designate a government authority responsible for the implementation at the federal or central level of the provisions of notification in this Chapter, and shall notify the other Parties thereof. When a Party designates two or more government authorities for this purpose, it shall notify the other Parties, without ambiguities or exceptions, the scope of responsibility of these authorities.

[Mexico-Bolivia, Article 13-14.9; Mexico-Costa Rica, Article 11-09.9]

B. Procedures for Changes in Standards-Related Measures: see Mexico-Bolivia, Article 13-14 and Mexico-Costa Rica, Article 11-09 above under Notification.

C. Time Requirements for Notification of Changes: see Mexico-Bolivia, Article 13-14 and Mexico-Costa Rica, Article 11-09 above under Notification.

VIII. DISPUTE SETTLEMENT:

A. Consultations on Standards-Related Disputes: when a Party has concerns regarding the interpretation or implementation of this Chapter to its standards-related measures, metrology, or to those of another Party, the Party may seek recourse either through the Working Group / Committee (on Standards Related Measures) or through the dispute settlement mechanism within the Treaty. The Parties involved shall not be allowed to use both channels simultaneously.

[Mexico-Bolivia, Article 13-19.1; Mexico-Costa Rica, Article 11-20.1]

When a Party decides to seek recourse through the Working Group / Committee, the Party shall so inform the Committee so that it can consider the matter or refer it to a subcommittee or working group, or other competent forum, in order to obtain non-binding technical advice or recommendations.

[Mexico-Bolivia, Article 13-19.2; Mexico-Costa Rica, Article 11-20.2; Bolivia-Chile, Article 15]

The Working Group / Committee shall consider any matter referred to it, in accordance with paragraphs 1 and 2, as expeditiously as possible and, in the same manner, forward to the Parties any technical advice or recommendations that it develops or receives related to that matter. Once the Parties involved receive from the Committee the technical advice or recommendation they had requested, they shall send a written response to the Working Group / Committee related to the technical advice or recommendation within a time frame to be determined by the Working Group / Committee.

[Mexico-Bolivia, Article 13-19.3; Mexico-Costa Rica, Article 11-20.3]

In accordance to paragraphs 2 and 3, in case the technical recommendation issued by the Working Group / Committee does not solve the existing differences between the Parties involved, they can invoke the dispute resolution mechanism of the Treaty. If the Parties involved agree, the consultations facilitated by the Committee shall constitute consultations under Article 19-04 (Mexico-Bolivia)/ 17-05 (Mexico-Costa Rica).

[Mexico-Bolivia, Article 13-19.4; Mexico-Costa Rica, Article 11-20.4]

The Party asserting that a standards-related measure of another Party is inconsistent with the provisions of this Chapter shall have to demonstrate this inconsistency.

[Mexico-Bolivia, Article 13-19.5; Mexico-Costa Rica, Article 11-20.5]

 

Continue to: Part III: RECENT STANDARDS-RELATED ACTIVITY WITHIN TRADE AND INTEGRATION ARRANGEMENTS


 
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