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violation of the provisions of the TBT Agreement incorporated
under paragraph 1.
Article 6.5: International Standards, Guides, and
Recommendations
1. The Parties recognise the important role that international
standards, guides, and recommendations can play in the
harmonisation of technical regulations, conformity assessment
procedures, and national standards, and in reducing unnecessary
barriers to trade.
2. In determining whether an international standard, guide, or
recommendation within the meaning of Articles 2 and 5 and
Annex 3 of the TBT Agreement exists, each Party takes into
account the principles set out in the Decision of the Committee on
Principles for the Development of International Standards, Guides
and Recommendations with relation to Articles 2, 5 and Annex 3
of the Agreement (G/TBT/9, 13 November 2000, Annex 4), and
subsequent relevant decisions and recommendations in this
regard, adopted by the WTO Committee on Technical Barriers to
Trade (hereinafter referred to as “WTO TBT Committee” in this
Chapter).
3. The Parties shall, where appropriate, strengthen coordination and
communication with each other in the context of discussions on
international standards and related issues in other international
fora, such as the WTO TBT Committee.
Article 6.6: Standards
1. With respect to the preparation, adoption, and application of
standards, each Party shall ensure that its standardising body or
bodies that prepare, adopt, and apply national standards accept
and comply with Annex 3 of the TBT Agreement.
2. Where modifications to the contents or structure of the relevant
international standards were necessary in developing a Party’s
national standards, that Party shall, on request of another Party,
encourage its standardising body or bodies to provide what the
differences in the contents and structure are, and the reason for
those differences. Any fees charged for this service shall, apart
from the real cost of delivery, be the same for foreign and
domestic persons.
6-3