[[ CHAPTER] ON STANDARDS AND TECHNICAL BARRIERS TO TRADE

Article 1. Scope and Coverage

1.1 The provisions of this [Chapter] apply to [standards -related [measures][activities],] [of the Parties, meaning by this] [standards, technical regulations, [and] conformity assessment procedures [including accreditation and authorization procedures][ and metrology]] [, as well as to measures related to these that could directly or indirectly affect trade among the Parties].

1.2 All products shall be subject to the provisions of this [Chapter].

[1.3 The provisions of this [Chapter] [do not] apply to services.]

1.4 The provisions of this [Chapter] do not apply to sanitary and phytosanitary measures.

[1.5 Purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies are not subject to the provisions of this [Chapter] but are addressed in the [Chapter] on Government Procurement, according to its coverage.]

[1.6 Each Party shall take such reasonable measures as may be available to it to ensure the adoption of all measures necessary to fulfill the provisions of this [Chapter] at the [central,] national and subnational levels [and any other level of political division that the Parties may have].]

[1.6 bis. The Parties shall take all reasonable measures available to them to ensure the adoption of all measures necessary to fulfill the provisions of this [Chapter] at the national or federal, state, and municipal level] [and any other level of political division that the Parties may have].

[1.7 The activities referred to in Article 1.1 shall be carried out by bodies that may be organized at the national, subregional or regional level.]

[1.8 General and specific agreements, memoranda of understanding, recognition agreements, regional, subregional, and bilateral cooperation initiatives, as well as other bilateral and multilateral agreements signed in the various fields under consideration that are related to the [measures][activities] described in Article 1.1, shall facilitate the attainment of the objectives of this [Chapter].]

[Article 2.Objectives and General Principles]

[2.1 The objective of this [Chapter] is to prevent the preparation, adoption, and application of standards, technical regulations, conformity assessment procedures, accreditation, and metrology measures from becoming unnecessary barriers to hemispheric trade.]

[2.2 The objective of this [Chapter] is to strengthen national systems of standardization, conformity assessment, including accreditation, authorization procedures and metrology. Its purpose is also to promote the strengthening and participation in regional organizations relating to standards, accreditation and metrology: the Pan-American Standards Commission (COPANT), the Inter-American Accreditation Cooperation (IAAC), and the Inter-American Metrology System (SIM), respectively.]

2.3 The Parties reaffirm their existing rights and obligations under the WTO Agreement on Technical Barriers to Trade.

[2.4 Each Party may prepare, adopt, apply, and maintain measures related to standardization, authorization procedures and metrology that enable them to ensure fulfillment of their legitimate objectives.]

[2.5 With respect to standards-related measures, authorization, and metrology procedures, each Party shall accord to goods and to service providers from other Parties, national treatment and treatment no less favorable than that given to like goods and to suppliers of like services in any other country.]

[2.6 The Parties undertake to identify and permanently eliminate unnecessary technical barriers to hemispheric trade.]

[2.7 [To this end,] the Parties [shall endeavour to adopt] [shall adopt] [compatible methodologies] [harmonized procedures] for identifying [reporting and eliminating][unnecessary technical] barriers to hemispheric trade.]

[2.8 Each Party [shall] [endeavour to] set up information systems that include data on technical barriers that have been identified and measures that have been taken to overcome them.]

[2.9 Efforts shall be made to ensure that the information systems and data banks used in the process of identifying technical barriers to trade are designed so that countries can use them as broadly, openly and transparently as possible, in order to fully comply with the commitments undertaken in this [Chapter].]

[3.1 The Parties shall encourage, whenever possible, the adoption of existing international standards, or, where none exist, the use of regional or subregional standards.]

[3.2 The Parties shall support the strengthening of standardization activities and structures at the national, subregional and regional levels.]

[3.3 The Parties shall take reasonable measures available to them to ensure that the international standardizing bodies of which they or the competent institutions in their territories are members or participants have a [more effective] established process to take into account the opinions of all of the interested Parties and to reconcile opposing arguments.]

[3.4 The Parties shall endeavour to increase their effective participation in international standard-setting fora.]

[3.5 Parties shall endeavour to coordinate their positions for presentation in international standardizing fora.]

[3.6 This coordination effort should, where necessary, make use of the Pan American Standards Commission (COPANT), in its role as a regional standardizing body.]

[3.7 Parties shall encourage the cooperation of the region’s standardization bodies at the regional, subregional, and national levels with bodies from other regions.]

[4.1 Without detracting from the rights conferred to them under this [Chapter], [and while taking into account international standardization activities,] Parties [shall], as far as possible, [make] their respective technical regulations compatible, without lessening standards regarding safety or protection of human, animal or plant life or health, the environment or consumers.]

[4.2 The Parties shall give favourable consideration to the possibility of accepting as equivalent technical regulations of other Parties, even if these regulations differ from their own, provided they are satisfied that these regulations adequately fulfil the objectives of their own regulations.]

[4.3 Where relevant international standards exist or their completion is imminent, Parties shall use these international standards or relevant parts of them or, where international standards do not exist, regional or sub-regional standards as a basis for their technical regulations, except in cases of unique geographical, climatic or other factors, as established in the WTO Agreement on Technical Barriers to Trade.]

[4.4 Each Party shall accept a technical regulation adopted by another Party as equivalent to its own when the exporting Party, in cooperation with the other, demonstrates to the importing Party that its technical regulations fulfill the importing Party’s legitimate objectives.]

[4.5 At the request of the exporting Party, the importing Party shall notify in writing its reasons for not accepting a technical regulation of the exporting Party as equivalent. The Parties may, in addition, hold discussions to facilitate its acceptance.]

[4.6 The Parties shall prepare and adopt common criteria for the region for the establishment and equivalence of technical regulations.]

[4.7 Technical regulations shall specify the products to which they apply, classified by tariff subheading of the Harmonized Commodity Description and Coding System, identifying mandatory requirements; conformity assessment procedures; the agencies responsible, authorized or accredited to conduct said assessment; national authorities responsible for monitoring compliance; risks they intend to counteract and the manner in which the regulation achieves this.]

[4.8 The right to raise an objection to a technical regulation may not be subject to statutory limitations nor barred by administrative actions; therefore, failure or refusal to reply or other similar actions shall not be included in efforts to resolve disputes.]

[4.9 In pursuing its legitimate objectives, each Party may conduct risk assessments. In doing so, a Party shall take into account:

[a) risk assessments conducted by international bodies;]

[b) available scientific evidence or technical information;]

[c) related processing technology;]

[d) the intended end uses;]

[e) related processes or production methods provided that they affect the characteristics of the goods;]

[f) operating, inspection, sampling or testing methods;]

[g) environmental conditions.]]

[4.10 A Party shall, upon request, provide to the other Parties, the relevant documentation regarding its risk assessment procedures, as well as the factors considered in carrying out the assessment [and establishing protection levels, in accordance with Article 2].]

[5.1 The purpose of conformity assessment activities shall be to verify and demonstrate the conformity of products, processes, systems and other results of productive activities with specific technical requirements. The Parties shall endeavor to ensure the consistency and transparency of conformity assessment activities, as a means of preventing unnecessary barriers to trade within the scope of application of this [Chapter].]

[5.2 Recognizing that it should be to the mutual benefit of all Parties concerned, each Party shall accredit, approve, or otherwise recognize conformity assessment bodies in the territory of another Party on terms no less favourable than those accorded to conformity assessment bodies in its territory.]

[5.3 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. 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:]

[5.3.1 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;]

[5.3.2 limitation of the acceptance of conformity assessment results to those produced by designated bodies in the exporting Party. ]

[5.4 The Parties shall, to the extent possible, adopt the ISO/IEC Guidelines and standards for conformity assessment procedures.]

[5.5 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 Organization for Standardization (ISO) and other fora for accrediting entities, among them the International Accreditation Forum (IAF) and the International Laboratory Accreditation Cooperation (ILAC), in order to sustain mutual/multilateral recognition of conformity assessment systems.]

[5.6 The Parties undertake to strengthen their conformity assessment systems and structures and to promote the participation of their official accreditation agencies in the Inter-American Accreditation Cooperation (IAAC).]

[5.7 Upon entry into force of this Agreement, 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 and calibration reports, as well as of other institutions making up their conformity assessment systems. The Parties shall also report on any changes to said lists.]

[5.8 The Parties agree to participate in the definition and adoption of recommendations and to establish and promote Mutual/Multilateral Recognition Agreements under the Inter-American Accreditation Cooperation (IAAC) and at the international level, with a view to recognizing the results of conformity assessment procedures.]

[5.9 Parties shall support cooperation among testing laboratories, certification bodies [, accreditation bodies] and inspection bodies [in order to foster mutual acceptance of each others’ conformity assessments and] the results thereof.]

[5.10 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 5.10 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. They may, in addition, hold consultations to this end.]

[5.11 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.]

[5.12 Parties are urged to accept, where possible, suppliers’ declaration of conformity.]

[5.13 With regard to their conformity assessment procedures, each Party shall:

[a) not adopt or maintain conformity assessment procedures that are stricter, nor apply the procedures more strictly than necessary, in order to be certain that a good [or a service] conforms to the technical regulation or applicable standard, taking into account the risks that non-conformity would create;]

[b) initiate and complete the procedure as expeditiously as possible;]

[c) establish a non-discriminatory order [for the processing of the application];]

[d) publish the process and the normal duration of each of these procedures or, upon request, inform the applicant of said information;]

[e) grant to originating goods [and services] of the other Party national treatment and treatment no less favourable than that granted to its own like goods [and services] or those of any other country;]

[f) 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 deficiencies, it being the responsibility of the applicant to correct such deficiencies in the applicable time frame;

ii) 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;

iii) where the application is deficient, proceed as far as possible with the procedure where the applicant so requests, and

iv) informs the applicant of the reasons for any delay and, on request, of the status of the application;]

[g) limit the information the applicant is required to supply to that necessary to conduct the conformity assessment procedure and to determine the appropriate fees;]

[h) accord confidential or proprietary information arising from, or supplied in connection with, the conduct of the procedure for a good [or service] of the other Party:

i) the same treatment as that accorded to information with respect to a good [or service] of the Party, and;

ii) treatment that protects the applicant’s [legitimate] commercial interests;]

[i) ensure that any fee charged for assessing the conformity of a good [or service] exported from another Party, are equitable in relation to the fee collected for assessing the conformity of an identical or similar good [or service] of the Party, taking into account communication, transportation and other costs;]

[j) ensure that the location of facilities for the conformity assessment procedure and the selection of samples do not cause unnecessary inconvenience to applicants or their agents;]

[k) whenever necessary and possible, ensure that the procedure is carried out at the premises where the good is produced [and the conformity mark is granted, if warranted];]

[l) 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) 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 applicants or their agents;]

[n) determine the size of the sample by [international guides or recommendations] [standards];]

[o) have in place a procedure for examining complaints regarding the application of a conformity assessment procedure, and adopt corrective measures when such a complaint is justified.]]

[5.14 For the purposes of this [Chapter], the following fields of conformity assessment shall be taken into account:

[a) Obligatory Conformity Assessment: The Parties shall, to the extent possible, adopt the ISO/IEC guidelines and standards for obligatory conformity assessment procedures.]

[b) Voluntary Conformity Assessment The Parties shall encourage the adoption of ISO/IEC guidelines and standards for voluntary conformity assessment.]]

[5.15 In conducting conformity assessment procedures, the Parties may utilize the technical capacity and infrastructure of accredited bodies established in the territory of the other Parties.]

[5.16 The Parties shall endeavour to assure that the [mechanisms][procedures] used in accreditation [, as well as in other authorization procedures,] are consistent with international provisions accepted in corresponding technical fora.]

[5.17 With regard to their authorization procedures, each Party shall:

[a) not adopt or maintain approval procedures that are stricter, nor apply the procedure more strictly than necessary taking into account the risks that non-conformity would create;]

[b) initiate and complete the procedure as expeditiously as possible and in a non-discriminatory order;]

[c) inform the applicant, upon request, of the approximate duration of the procedure;]

[d) ensure that the competent national 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 deficiencies, it being the responsibility of the applicant to correct such deficiencies within the applicable time frame;

ii. 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;

iii. where the application is deficient, proceeds as far as possible with the procedure where the applicant so requests, and

iv. informs the applicant of the reasons for any delay and, on request, of the status of the application;]

[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 [or service] of the other Party.

i. the same treatment as that accorded to information with respect to a good [or service] of the Party, and;

ii. treatment that protects the applicant’s commercial interests;]

[g) ensure that any fee charged for the procedure is equitable in relation to the fee collected for the procedure for an identical or similar 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.]]

[6.1 Metrological activities shall be guided by the Metric Convention, the International System of Units (SI), and by any subsequent provisions of agreements adopted in the context of the [International Bureau of Weights and Measures (BIPM)][International Committee of Weights and Measures (CIPM)] and of the International Organization of Legal Metrology (OIML), securing the organization of measurement systems according to a traceability structure at the international level.]

[6.2 The Parties undertake to adopt the International System of Units (SI). In this regard, they shall establish time frames and develop the instruments and strategies necessary for adapting national structures to the technological changes that must result from the adoption of this system.]

[6.3 For activities related to legal metrology, Parties shall adopt the recommendations and documents of the International Organization of Legal Metrology (OIML).]

[6.4 The Parties undertake to safeguard, preserve and disseminate their national patterns and measuring instruments, maintaining the traceability thereof, based on international patterns.]

[6.5 The Parties shall, insofar as possible, [make compatible][guarantee][the traceability of] their metrology standards [based on international standards] [in accordance with the recommendations of the International Bureau of Weights and Measures (BIPM) and the International Organization of Legal Metrology (OIML).

[6.6 The Parties shall support cooperation between and among their national metrology laboratories, calibration laboratories and members organizations of [legal] metrology networks in order to establish a technical foundation for implementing the provisions of this [Chapter].]

[6.7 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.]

[6.8 Parties shall, through their national metrology laboratories, support the activities carried out by the Inter- American Metrology System (SIM), [primarily] through its subregional networks.]

[6.9 [Where possible,] Parties shall explore opportunities to share metrology laboratory infrastructure as a way of taking optimal advantage of installed capacity and minimizing the investment needed to organize these activities.]

[6.10 Parties shall [ensure] [[promote the establishment of][seek to establish], to the extent possible] common procedures for [[establishing][approving] [metrological control] [of measurement models and methods for the metrological verification of pre-measured products] in order to facilitate trade in the region.]

[7.1 Parties shall provide the other Parties to this Agreement with information on standards [-related [activities][measures]] [technical regulations, conformity assessment procedures][, accreditation and metrology measures], particularly those that influence trade among the Parties.]

[7.2 The Parties shall report, through their designated authorities, the notifications they make to the WTO, pursuant to the TBT Agreement, especially those specified in Articles 2.9, 2.10, 5.6 and 5.7, to the Committee on Technical Barriers to Trade set out in Article 10. These notifications shall be made according to the formats established in the WTO TBT Agreement.]

[7.3 The Parties shall notify the other Parties, through the entity 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 such measures.]

[7.4 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.]

[7.5 Once a standardization, accreditation, or metrology measure has been adopted, each Party shall provide a copy to the other Parties through their enquiry points. When a measure is no longer in effect, the Party will notify the other Parties.]

[7.6 The Parties shall notify the Committee on Technical Barriers to Trade as to their updating procedures.]

[7.7 The Parties, with the participation of the relevant hemispheric entities, commit to [collaborating in the development of and] maintenance [of 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.]

[7.8 The designated authorities shall inform the Committee of the export products about which they are particularly interested in keeping informed, with regard to standards-related measures that could affect these products. The Committee shall only notify the Parties regarding standards-related measures affecting the above-mentioned products.]

[7.9 When a Party rejects a shipment [or service delivery] through administrative channels, due to noncompliance with a standards-related or metrology measure, it shall promptly notify the owner of the shipment [or the service provider] in writing of the technical justification for the refusal.]

[7.10 Within thirty (30) days following the entry into force of this agreement, each Party shall inform the other Parties of the entity or entities it has designated as enquiry points in its territory, which shall be responsible for responding to all reasonable requests and questions from other Parties or interested persons, as well as for providing pertinent current documentation concerning any measures related to standardization, authorization procedures, and metrology adopted or proposed within its territory by government or nongovernmental bodies.]

[7.11 Parties shall endeavor to develop and improve their information systems and enquiry points involved in activities related to standards, technical regulations, conformity assessment procedures [and][,] metrology [and authorization procedures].]

[7.12 When an enquiry point [requests copies][receives requests] for [copies] of [documents][technical regulations] [these shall be provided free of charge.] [T][t]he interested [Parties][persons] [shall be provided with these at the same prices as nationals] [may receive them at the same cost as that offered to nationals] plus the actual cost of shipment.]

[8.1 [With a view to full compliance with this [Chapter]] The Parties agree that there is a need for structured action in the field of cooperation and technical assistance taking as a starting point the different levels of development in the standardization, [conformity assessment,] accreditation, certification, testing and metrology institutions in each of the Parties [, through specific programs to meet their needs and establish ties of technical confidence among countries of the region].]

[8.2 On receiving a request to that effect, a Party shall offer, to the extent of its abilities, technical assistance [with regard to standardization infrastructure and measures] with the aim to help implement the provisions of this [Chapter] and to strengthen the requesting Party’s standardization and metrology [technical regulations, conformity assessments] activities [processes, systems and measures].]

[8.3 The Parties shall develop technical cooperation programs with a view to achieving full and effective compliance with the obligations established in the WTO Agreement on Technical Barriers to Trade. To this end, the Parties shall encourage their respective competent authorities in the areas covered under this [chapter], to take part in the following activities for the purpose of strengthening their processes and systems in this area:

a) the fostering of hemispheric exchanges of institutional and regulatory information and technical cooperation; and

b) the fostering of hemispheric coordination by the appropriate agencies in multilateral and international fora.]

[8.4 Parties shall urge their national [standardizing][standardization] bodies [with a presence][to be represented], in international [standardizing][standardization] bodies whenever 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 the other Parties.]

[8.5 On receiving a request to such effect, a Party shall, to the extent of its abilities, assist another Party in enabling the requesting Party to participate in international standardizing bodies.]

[8.6 Specific [assistance and cooperation] programmes in the areas of [standards][standardization], conformity assessment, [authorization procedures] [accreditation] [and] metrology could be conducted by specialized regional bodies, [such as] COPANT, SIM and the IAAC. [Such programs could, as appropriate, involve international and multilateral entities.]]

[8.7 The Parties may undertake joint efforts for the purpose of organizing technical cooperation received from non-Party countries. Such programs could, as appropriate, involve international and multilateral entities.]

[9.1 It is recognized that some countries of the hemisphere may face special problems of lack of infrastructure and human and technical resources in the field of standards. 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 on which this Agreement is based.]

[9.2 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 measures related to standardization, authorization procedures, and metrology.]

[9.3 Special and differential treatment in the areas of technical barriers to trade shall include:

[a) flexibility vis-à-vis bilateral agreements between countries that are Parties to this Agreement]

[b) gradual implementation of the [Chapter] for countries not possessing the adequate [standards infrastructure][infrastructure for standards-related measures].]

[c) giving priority to technical assistance for those countries that participate in training and cooperation programmes aimed at enhancing their ability to participate 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.]]

[9.4 The Committee on Technical Barriers to Trade is enabled to grant to countries with smaller economies, upon request, specified, time-limited exceptions in whole or in part from obligations under this Agreement.]

[9.5 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 cooperation and technical assistance programs for strengthening institutions and infrastructure relevant for 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 them.]

[10.1 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].]

[10.2 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.]

[10.3 The Committee shall review matters relating to this [Chapter], and shall have the following duties:

a) to analyze and propose channels for resolution 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 shall make their standards-related measures, authorization procedures and metrology compatible.

c) to foster cooperation among the Parties.

d) to assist the Parties in conducting risk assessments.

e) to cooperate in the development and strengthening of standards-related measures and metrology measures by the parties, and

f) to facilitate the process by which the parties shall establish mutual recognition agreements.]

[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 channels simultaneously.]

[11.2 In the event that the technical recommendation issued by the Committee fails to settle the dispute between the Parties, the Parties 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.]

[[For the purposes of this [Chapter]] [The Terms set out 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 Concerning Standardization and Related Activities.” shall apply[. The][, as will the] International Vocabulary of Basic and General Terms in Metrology (VIM) jointly prepared by ISO, IEC, BIPM, IFCC, IUPAC and OIML shall apply. [In addition, for the purposes of this [Chapter] the following definitions shall apply:] [In addition the following shall be defined as follows:]

[Administrative Refusal: actions taken by a public administration body in the importing Party, in the exercise of its rights, to refuse a shipment entry to its territory [or the provision of a service], for technical reasons.]

[Authorization Procedure: any administrative process that is obligatory for obtaining registration, a permit, license or any other authorization, with the aim that a good [or service] may be [produced,] marketed or used for defined purposes or according to established conditions.]

[Conformity Mark: a protected mark applied or issued in accordance with the regulations of a certification system, indicating a reasonable assurance that the relevant product, process [or service] conforms to a standard or other specific standard-setting document.]

[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 Barriers to Trade, including the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC), the Codex Alimentarius Commission, the International Organization for Legal Metrology (OILM), the International Commission on Radiation Units and Measures (ICRU), or any other body designated by the Parties.]

[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 in 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 the achievement of legitimate objectives.]

[Service: any service, 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].]

[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 or related operation. The definition of standard may also include a pattern or artifact used in metrology.]

[Standardization Body: any body whose standardization activities are recognized.]

[Standards-Related Measures: Standards, technical regulations, or conformity assessment procedures.]

[[WTO] TBT Agreement: The World Trade Organization (WTO) Agreement on Technical Barriers to Trade.]

[Technical Competence: Aptitude for and ability to master an issue, technical subject or discipline]

[Technical Regulation: Document that lays down product characteristics or their related processes and production 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, [services], production processes or methods or related operations.]

[Traceability: Property of the result of a measurement or the value of a standard whereby it can be related to stated references, usually national or international standards, through an unbroken chain of comparisons all having stated uncertainties] ]]

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 [whenever required, normally each year] [every two years] 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.]