Organization of American States - Trade Unit
PART THREE TECHNICAL BARRIERS TO TRADE Chapter Nine Standards-Related Measures
Article 901: Scope
1. This Chapter applies to any standards-related measure of a
Party, other than those covered by Chapter Seven, Subchapter B
(Sanitary and Phytosanitary Measures), that may, directly or
indirectly, affect trade in goods or services between the
Parties, and to measures of the Parties relating to such
measures.
2. Purchasing specifications prepared by governmental bodies
for production or consumption requirements of such bodies shall
be governed exclusively by Chapter Ten (Government Procurement).
Article 902: Extent of Obligations
1. Article 105 (Extent of Obligations) does not apply to this
Chapter.
2. Each Party shall seek, through appropriate measures, to
ensure observance of Articles 904 through 908 by provincial or
state governments and by non-governmental standardizing bodies in
its territory.
Article 903: Affirmation of Agreement on Technical Barriers
to Trade and Other Agreements
Further to Article 104, the Parties affirm with respect to
each other their existing rights and obligations relating to
standards-related measures under the GATT Agreement on Technical
Barriers to Trade and all other international agreements,
including environmental and conservation agreements, to which
such Parties are party.
Article 904: Basic Rights and Obligations
Right to Take Standards-Related Measures
1. Each Party may, in accordance with this Agreement, adopt,
maintain and apply standards-related measures, including those
relating to safety, the protection of human, animal and plant
life and health, the environment, and consumers, and measures to
ensure their 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 such measures or to complete its 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(3).
Non-Discriminatory Treatment
3. Each Party shall, in respect of its standards-related
measures, accord to goods or service providers of another Party:
(a) national treatment in accordance with Article 301
(Market Access) or Article 1202 (Cross-Border Trade in
Services); and
(b) 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 if:
(a) the demonstrable purpose of such measure is to achieve
a legitimate objective; and
(b) such measure does not operate to exclude goods of
another Party that meet that legitimate objective.
Article 905: Use of International Standards
1. Each Party shall use, as a basis for its standards-related
measures, international standards or international standards
whose completion is imminent, except where such standards would
be an ineffective or inappropriate means to fulfill its
legitimate objectives, for example because of fundamental
climatic, geographical, technological or infrastructural factors,
scientific justification or the level of protection that the
Party considers appropriate.
2. A Party's standards-related measure that conforms to an
international standard shall be presumed to be consistent with
Article 904(3) and (4).
3. Paragraph 1 shall not be construed to prevent a Party, in
pursuing its legitimate objectives, from adopting, maintaining,
or applying any standards-related measure that results in a
higher level of protection than would be achieved if such measure
were based on an international standard.
Article 906: Compatibility and Equivalence
1. Recognizing the crucial role of standards-related measures
in promoting and protecting legitimate objectives, the Parties
shall, in accordance with this Chapter, work jointly to enhance
the level of safety and of protection of human, animal and plant
life and health, the environment and consumers.
2. 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 practicable, make compatible their respective standards-
related measures, so as to facilitate trade in a good or service
between the Parties.
3. Further to Articles 902 and 905, a Party shall, upon the
request of another Party, seek, through appropriate measures, to
promote the compatibility of a specific standard or conformity
assessment procedure that is maintained in its territory with the
standards or conformity assessment procedures maintained in the
territory of the other Party.
4. Each importing Party shall treat a technical regulation
adopted or maintained by an exporting Party as equivalent to its
own where the exporting Party, in cooperation with the importing
Party, demonstrates to the satisfaction of the importing Party
that its technical regulation adequately fulfills the importing
Party's legitimate objectives.
5. The importing Party shall provide to the exporting Party,
upon request, its reasons in writing for not treating a technical
regulation as equivalent under paragraph 4.
6. Each Party shall, wherever possible, accept the results of a
conformity assessment procedure conducted in the territory of
another Party, provided that it is satisfied that such procedure
offers an assurance, equivalent to that provided by a procedure
it conducts or a procedure conducted in its territory the results
of which it accepts, that the relevant good or service complies
with the applicable technical regulation or standard adopted or
maintained in the Party's territory.
7. Prior to acceptance of results of a conformity assessment
procedure pursuant to paragraph 6, and to enhance confidence in
the continued reliability of each other's conformity assessment
results, the Parties may consult on such matters as the technical
competence of the conformity assessment bodies involved,
including verified compliance with relevant international
standards through such means as accreditation.
Article 907: Assessment of Risk
1. A Party may, in pursuing its legitimate objectives, conduct
an assessment of risk. In conducting such assessment, a Party
may consider, among other factors relating to a good or service:
(a) available scientific evidence or technical information;
(b) intended end uses;
(c) processes or production, operating, inspection,
sampling or testing methods; or
(d) environmental conditions.
2. 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
light of such assessment.
3. Where a Party pursuant to Article 904(2) establishes the
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, if such distinctions:
(a) result in arbitrary or unjustifiable discrimination
against goods or service providers of another Party;
(b) constitute a disguised restriction on trade between the
Parties; or
(c) 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.
Article 908: Conformity Assessment
1. The Parties shall, further to Article 906 and recognizing
the existence of substantial differences in the structure,
organization, and operation of conformity assessment procedures
in their respective territories, make compatible to the greatest
extent practicable such procedures.
2. Recognizing that it should be to the mutual advantage of the
Parties concerned and except as set out in Annex 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 such bodies in its
territory.
3. With respect to a Party's conformity assessment procedure,
such Party shall:
(a) not adopt or maintain any such procedure that is
stricter, nor apply such 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;
(b) initiate and complete such procedure as expeditiously
as possible;
(c) in accordance with Article 904(3), undertake processing
of applications in non-discriminatory order;
(d) publish the normal processing period for each such
procedure or communicate the anticipated processing
period to an applicant upon request;
(e) ensure that the competent body
(i) upon receipt of an application, promptly
examines the completeness of the documentation
and informs the applicant in a precise and
complete manner of any deficiency,
(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 such applicant may take any necessary
corrective action,
(iii) where the application is deficient, proceeds as
far as practicable with such procedure if the
applicant so requests, and
(iv) informs the applicant, upon request, of the
status of the application and the reasons for
any delay;
(f) limit the information the applicant is required to
supply to that necessary to conduct such procedure and
to determine appropriate fees;
(g) accord confidential or proprietary information arising
from, or supplied in connection with, the conduct of
such procedure for a good of another Party or for a
service provided by a person of another Party
(i) the same treatment as that for a good of such
Party or a service provided by a person of such
Party, and
(ii) in any event, treatment that protects an
applicant's legitimate commercial interests to
the extent provided under the Party's law;
(h) ensure that any fee it imposes for conducting such
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;
(i) 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;
(j) limit such procedure, for a good or service modified
subsequent to a determination that such good or service
conforms to the applicable technical regulation or
standard, to that necessary to determine that such good
or service continues to conform to such technical
regulation or standard; and
(k) 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 appropriate modifications, the
relevant provisions of paragraph 3 to its approval procedures.
5. Each Party shall, upon the 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.
Article 909: Notification, Publication, and Provision of
Information
1. Further to Articles 1802 (Publication) and 1803
(Notification and Provision of Information), each Party proposing
to adopt or modify a technical regulation, shall:
(a) at least 60 days prior to the adoption or modification
of such technical regulation, other than a law, publish
a notice and notify in writing the other Parties of the
proposed measure in such a manner as to enable
interested persons to become acquainted with such
measure, except that in the case of any such measure
related to perishable goods, each Party shall, to the
greatest extent practicable, publish such notice and
provide such notification at least 30 days prior to the
adoption or modification of such measure, but no later
than when notification is provided to domestic
producers;
(b) identify in such notice and notification the good or
service to which the proposed measure would apply, and
shall provide a brief description of the objective of,
and reasons for, such measure;
(c) provide a copy of the proposed measure to any Party or
interested person that so requests, and shall, wherever
possible, identify any provision that deviates in
substance from relevant international standards; and
(d) without discrimination, allow other Parties and
interested persons to make comments in writing and
shall, upon request, discuss such comments and take
such comments and the results of such discussions into
account.
2. Each Party proposing to adopt or modify a standard or any
conformity assessment procedure not otherwise considered to be a
technical regulation shall, where an international standard
relevant to the proposed measure does not exist or such measure
is not substantially the same as an international standard, and
where the measure may have a significant effect on the trade of
the other Parties:
(a) at an early appropriate stage, publish a notice and
provide a notification of the type required in
paragraphs 1 (a) and (b); and
(b) observe paragraphs 1 (c) and (d).
3. Each Party shall seek, through appropriate measures, to
ensure, with respect to a technical regulation of a state or
provincial government other than a local government:
(a) that, at an early appropriate stage, a notice and
notification of the type required under paragraphs 1
(a) and (b) are made prior to their adoption; and
(b) observance of paragraphs 1 (c) and (d).
4. Where a Party considers it necessary to address an urgent
problem relating to safety or to protection of human, animal or
plant life or health, the environment or consumers, it may omit
any step set out in paragraphs 1 or 3, provided that upon
adoption of a standards-related measure it shall:
(a) immediately provide to the other Parties a notification
of the type required under paragraph 1(b), including a
brief description of the urgent problem;
(b) provide a copy of such measure to any Party or
interested person that so requests; and
(c) without discrimination, allow other Parties and
interested persons to make comments in writing, and
shall, upon request, discuss such comments and take
such comments and the results of such discussions into
account.
5. Each Party shall, except where necessary to address an
urgent problem referred to in paragraph 4, allow a reasonable
period between the publication of a standards-related measure and
the date that it becomes effective to allow time for interested
persons to adapt to such measure.
6. Where a Party allows non-governmental persons in its
territory to be present during the process of development of
standards-related measures, it shall also allow non-governmental
persons from the territories of the other Parties to be present.
7. Each Party shall notify the other Parties of the development
of, amendment to, or change in the application of its standards-
related measures no later than the time at which it notifies non-
governmental persons in general or the relevant sector in its
territory.
8. Each Party shall seek, through appropriate measures, to
ensure the observance of paragraphs 6 and 7 by a provincial or
state government, and by non-governmental standardizing bodies in
its territory.
9. Each Party shall designate a government authority
responsible for the implementation at the federal level of the
notification provisions of this Article, and shall notify the
other Parties thereof. Where a Party designates two or more
government authorities for such purpose, it shall provide to the
other Parties complete and unambiguous information on the scope
of responsibility of each such authority.
Article 910: Inquiry Points
1. Each Party shall ensure that there is an inquiry point that
is able to answer all reasonable inquiries from other Parties and
interested persons, and to provide relevant documents regarding:
(a) any standards-related measure proposed, adopted or
maintained in its territory at the federal, provincial,
or state government level;
(b) the membership and participation of such Party, or its
relevant federal, provincial or state government
authorities, in international and regional
standardizing bodies and conformity assessment systems,
and in bilateral and multilateral arrangements
regarding standards-related measures, and the
provisions of such systems and arrangements;
(c) the location of notices published pursuant to Article
909, or where such information can be obtained;
(d) the location of the inquiry points referred to in
paragraph 3; and
(e) such Party's procedures for assessment of risk, factors
it considers in conducting such assessment and in
establishing, pursuant to Article 904(2), the levels of
protection that it considers appropriate.
2. Where a Party designates more than one inquiry point, it
shall:
(a) provide to the other Parties complete and unambiguous
information on the scope of responsibility of each
inquiry point; and
(b) ensure that any enquiry addressed to an incorrect
inquiry point is promptly conveyed to the correct
inquiry point.
3. Each Party shall take such reasonable measures as may be
available to it to ensure that there is at least one enquiry
point that is able to answer all reasonable enquiries from other
Parties and interested persons and to provide relevant documents
or information as to where they can be obtained regarding:
(a) any standard or conformity assessment procedure
proposed, adopted or maintained by non-governmental
standardizing bodies in its territory; and
(b) the membership and participation of relevant non-
governmental bodies in its territory in international
and regional standardizing bodies and conformity
assessment systems.
4. Each Party shall ensure that where copies of documents are
requested by another Party or by interested persons in accordance
with this Chapter, they are supplied at the same price, apart
from the actual cost of delivery, as the price for domestic
purchase.
Article 911: Technical Cooperation
1. Each Party shall, upon the request of another Party:
(a) 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;
(b) provide to that Party information on its technical
cooperation programs regarding standards-related
measures relating to specific areas of interest; and
(c) consult with that Party during the development of, or
prior to the adoption or change in the application of,
any standards-related measure.
2. Each Party shall encourage its standardizing bodies to
cooperate with the standardizing bodies of the other Parties in
their participation, as appropriate, in standardizing activities,
such as through membership in international standardizing bodies.
Article 912: Limitations on the Provision of Information
Nothing in this Chapter shall be construed as requiring a
Party to:
(a) communicate, publish texts, or provide particulars or
copies of documents other than in an official language
of such Party; or
(b) furnish any information the disclosure of which would
impede law enforcement or otherwise be contrary to the
public interest, or would prejudice the legitimate
commercial interests of particular enterprises.
Article 913: Committee on Standards-Related Measures
1. The Parties hereby establish a Committee on Standards-
Related Measures, comprising representatives of each Party.
2. The Committee's functions shall include:
(a) monitoring the implementation and administration of
this Chapter, including the progress of the
subcommittees and working groups established under
paragraph 4, and the operation of the enquiry points
established under Article 910;
(b) facilitating the process by which the Parties make
compatible their standards-related measures;
(c) providing a forum for the Parties to consult on issues
relating to standards-related measures, including the
provision of technical advice and recommendations under
Article 914;
(d) enhancing cooperation on the development, application
and enforcement of standards-related measures;
(e) considering non-governmental, regional and multilateral
developments regarding standards-related measures,
including under the GATT; and
(f) reporting annually to the Commission on the
implementation of this Chapter.
3. The Committee shall meet upon the request of any Party and,
unless the Parties otherwise agree, at least once each year.
4. The Committee may, as it considers appropriate, establish
and determine the scope and mandate of subcommittees or working
groups, comprising representatives of each Party. Each such
subcommittee or working group may:
(a) as it considers necessary or desirable, include or
consult with
(i) representatives of non-governmental bodies,
including standardizing bodies,
(ii) scientists, and
(iii) technical experts; and
(b) determine its work program, taking into account
relevant international activities.
5. Further to paragraph 4, the Committee shall establish:
(a) the following subcommittees or working groups
(i) Land Transportation Standards Subcommittee, in
accordance with Annex 913-A,
(ii) Telecommunications Standards Subcommittee, in
accordance with Annex 913-B,
(iii) Automotive Standards Council, in accordance with
Annex 913-C, and
(iv) Subcommittee on Labelling of Textile and Apparel
Goods, in accordance with Annex 913-D;
(b) such other subcommittees or working groups as it
considers appropriate to address any topic, including:
(i) identification and nomenclature for goods
subject to standards-related measures,
(ii) quality and identity standards and
technical regulations,
(iii) packaging, labelling, and presentation of
consumer information, including languages,
measurement systems, ingredients, sizes,
terminology, symbols, and related matters,
(iv) product approval and post-market
surveillance programs,
(v) principles for the accreditation and
recognition of conformity assessment
bodies, procedures, and systems,
(vi) development and implementation of a uniform
chemical hazard classification and
communication system,
(vii) enforcement programs, including training
and inspections by regulatory, analytical,
and enforcement personnel,
(viii) promotion and implementation of good
laboratory practices,
(ix) promotion and implementation of good
manufacturing practices,
(x) criteria for assessment of potential
environmental hazards of goods,
(xi) methodologies for assessment of risk,
(xii) guidelines for testing of chemicals,
including industrial and agricultural
chemicals, pharmaceuticals, and
biologicals,
(xiii) methods by which consumer protection,
including matters relating to consumer
redress, can be facilitated, and
(xiv) extension of the application of this Chapter to
other services.
6. Each Party shall, upon the request of another Party, take
such reasonable measures as may be available to it to provide for
the participation in the work of the Committee, where and as
appropriate, of representatives of provincial or state
governments in the activities of the Committee.
7. A Party requesting technical advice, information, or
assistance pursuant to Article 911 shall notify the Committee
which shall facilitate any such request.
Article 914: Technical Consultations
1. Where a Party requests consultations regarding the
application of this Chapter to a Party's standards-related
measure, and so notifies the Committee, the Committee may
facilitate such consultations, if it does not consider the matter
itself, by referring the matter for non-binding technical advice
or recommendations to a subcommittee or working group, including
an ad hoc subcommittee or working group, or to another forum.
2. The Committee should consider any matter referred to it
under paragraph 1 as expeditiously as possible and promptly
forward to the Parties any technical advice or recommendations
that it develops or receives concerning the matter. The Parties
involved shall provide a written response to the Committee
concerning the technical advice or recommendations within such
time as the Committee may request.
3. Where the involved Parties have had recourse to
consultations facilitated by the Committee under paragraph 1,
such consultations shall, if agreed by the Parties involved,
constitute consultations under Article 2006 (Consultations).
4. The Parties confirm that a Party asserting that a standards-
related measure of another Party is inconsistent with the
provisions of this Chapter shall have the burden of establishing
such inconsistency.
Article 915: Definitions
1. For purposes of this Chapter:
approval procedure means any registration, notification, or other
mandatory administrative procedure for obtaining permission for a
good or service to be produced, marketed, or used for a stated
purpose or under stated conditions;
assessment of risk means evaluation of the potential for adverse
effects;
conformity assessment procedure means any procedure used,
directly or indirectly, to determine that a relevant technical
regulation or standard is fulfilled, including sampling, testing,
inspection, evaluation, verification, monitoring, auditing,
assurance of conformity, accreditation, registration, or approval
used for such a purpose, but does not mean an approval procedure;
international standard means a standards-related measure, or
other guide or recommendation, adopted by an international
standardizing body and made available to the public;
international standardizing body means a standardizing body whose
membership is open to the relevant bodies of at least all the
parties to the GATT Agreement on Technical Barriers to Trade,
including the International Organization for Standardization
(ISO), the International Electrotechnical Commission (IEC), Codex
Alimentarius Commission, the World Health Organization (WHO), the
Food and Agriculture Organization (FAO), the International
Telecommunications Union (ITU); or any other body that the
Parties designate;
land transportation service means a transportation service
provided by means of motor carrier or rail;
legitimate objective includes an objective such as:
(a) safety;
(b) protection of human, animal or plant life or health,
the environment or consumers (including matters
relating to quality and identifiability of goods or
services); or
(c) sustainable development,
considering, among other things, where appropriate, fundamental
climatic or other geographical factors, technological or
infrastructural factors, or scientific justification but does not
include the protection of domestic production;
make compatible means bring different standards-related measures
of the same scope approved by different standardizing 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;
services means land transportation services and telecommunication
services;
standard means a document, approved by a recognized body, that
provides, for common and repeated use, rules, guidelines or
characteristics for products, or related processes and production
methods, or for services or related operating 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, process or
production or operating method;
standardizing body means a body having recognized activities in
standardization;
standards-related measure means a standard, technical regulation
or conformity assessment procedure;
technical regulation means a document which lays down product
characteristics or their related processes and production
methods, or for services or 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, process or production or
operating method;
telecommunication service means a service provided by means of
the transmission and reception of signals by any electromagnetic
means.
2. Except as they are otherwise defined in this Agreement,
other terms in this Chapter shall be interpreted in accordance
with their ordinary meaning in context and in the light of the
objectives of this Agreement, and where appropriate by reference
to the terms presented in the sixth edition of the ISO/IEC Guide
2: 1991, General Terms and Their Definitions Concerning
Standardization and Related Activities.
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ANNEX 908.2
Transitional Rules for Conformity Assessment Procedures
1. Except in respect of governmental conformity assessment
bodies, Article 908(2) shall impose no obligation and confer no
right on Mexico until four years after the date of entry into
force of this Agreement.
2. Where a Party charges a reasonable fee, limited in amount to
the approximate cost of the service rendered, to accredit,
approve, license, or otherwise recognize a conformity assessment
body in the territory of another Party, it need not, prior to
December 31, 1998 or such earlier date as the Parties may agree,
charge such a fee to a conformity assessment body in its
territory.
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ANNEX 913 - A
Land Transportation Standards Subcommittee
1. The Land Transportation Standards Subcommittee, established
under Article 913, shall comprise representatives of each Party.
2. The Subcommittee shall implement the following work program
for making compatible the Parties' relevant standards-related
measures for:
(a) motor carrier operations,
(i) no later than one and one-half years from the
date of entry into force of this Agreement, for
non-medical standards-related measures
respecting drivers, including measures relating
to the age of and language used by drivers,
(ii) no later than two and one-half years from the
date of entry into force of this Agreement, for
medical standards-related measures respecting
drivers,
(iii) no later than three years from the date of entry
into force of this Agreement, for standards-
related measures respecting vehicles, including
measures relating to weights and dimensions,
tires, brakes, parts and accessories, securement
of cargo, maintenance and repair, inspections,
and emissions and environmental pollution levels
not covered by the Automotive Standards work
program established under Annex 913-C,
(iv) no later than three years from the date of entry
into force of this Agreement, for standards-
related measures respecting each Party's
supervision of motor carriers' safety
compliance, and
(v) no later than three years from the date of entry
into force of this Agreement, for standards-
related measures respecting road signs;
(b) rail operations,
(i) no later than one year from the date of entry
into force of this Agreement, for standards-
related measures respecting operating personnel
that are relevant to cross-border operations,
and
(ii) no later than one year from the date of entry
into force of this Agreement, for standards-
related measures respecting locomotives and
other rail equipment; and
(c) transportation of dangerous goods, no later than six
years from the date of entry into force of this
Agreement, using as their basis the United Nations
Recommendations on the Transport of Dangerous Goods, or
such other standards as the Parties may agree.
3. The Subcommittee may address other related standards-related
measures as it considers appropriate.
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ANNEX 913 - B
Telecommunications Standards Subcommittee
1. The Telecommunications Standards Subcommittee, established
under Article 913, shall comprise representatives of each Party.
2. The Subcommittee shall, within six months of the date of
entry into force of this Agreement, develop a work program,
including a timetable, for making compatible the Parties'
standards-related measures for authorized equipment as defined in
Chapter 13 (Telecommunications).
3. The Subcommittee may address other appropriate standards-
related matters respecting telecommunications equipment or
services and such other matters as it considers appropriate.
4. The Subcommittee shall take into account relevant work
carried out by the Parties in other forums, and that of non-
governmental standardizing bodies.
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ANNEX 913 - C
Automotive Standards Council
1. The Automotive Standards Council, established under Article
913, shall comprise representatives of each Party.
2. The purpose of the Council shall be, to the extent
practicable, to facilitate the attainment of compatibility among,
and review the implementation of, national standards-related
measures of the Parties that apply to automotive goods and other
related issues.
3. To facilitate its objectives, the Council may establish
subgroups, consultation procedures and other appropriate
operational mechanisms. With the agreement of all the Parties,
the Council may include state and provincial government or
private sector representatives in its subgroups.
4. All Council recommendations shall require agreement of all
the Parties. When the adoption of a new law is not required for
a Party, the Council's recommendations shall be implemented by
the Party within a reasonable period of time in accordance with
the legal and procedural requirements and international
obligations of the Party. Where the adoption of a new law is
required for a Party, the Party shall make best efforts to secure
the passage of such legislation and shall implement any new
legislation within a reasonable period of time.
5. Recognizing the existing disparity in standards-related
measures, the Council shall develop its work program for making
compatible the national standards-related measures that apply to
automotive goods and other related issues based on the following
criteria:
(a) the impact on industry integration;
(b) the extent of the barriers to trade;
(c) the level of trade affected; and
(d) the extent of such disparity.
In developing its work program, the Council may address other
closely related issues, including emissions from on-road and
non-road mobile sources.
6. Each Party shall take such reasonable measures as may be
available to it to promote the objectives of this Annex with
respect to standards-related measures that are developed or
maintained by state, provincial and local authorities and private
sector organizations. The Council shall make every effort to
assist these entities with these activities, especially the
identification of priorities and the establishment of work
schedules.
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ANNEX 913 - D
Subcommittee on Labelling of Textile and Apparel Goods
1. The Subcommittee on Labelling of Textile and Apparel Goods,
established under Article 913, shall comprise representatives of
each Party.
2. This Subcommittee shall include, and consult with, technical
experts as well as a broadly representative group from the
manufacturing and retailing sectors in the territory of each
Party.
3. The Subcommittee shall develop and pursue a Work Program on
the Harmonization of Labelling Requirements, to facilitate trade
in textile and apparel goods between the Parties through the
adoption of uniform labelling provisions. The agenda for this
Work Program should include the following issues:
(a) pictograms and symbols to replace required written
information where possible as well as other methods to
reduce the need for labels on textile and apparel goods
in multiple languages;
(b) care instructions for textile and apparel goods;
(c) fiber content information for textile and apparel
goods;
(d) uniform methods acceptable for the attachment of
required information to textile and apparel goods; and
(e) use in the territory of other Parties of each Party's
national registration numbers for manufacturers or
importers of textile and apparel goods.
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