Статья 6.5. Прозрачность / Article 6.5. Transparency

Article 6.5
Transparency

1. The Parties acknowledge the importance of transparency with regard to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures.

2. Where a Party provides notification under paragraph 9 of Article 2 or paragraph 6 of Article 5 of the TBT Agreement, it shall:

(a) normally provide to the other Party and its stakeholders a period for comments of at least sixty (60) days following the publication of a notification. A Party that is able to extend a time limit beyond sixty (60) days is encouraged to do so;

(b) take into account the comments made by the other Party within the period for comments in accordance with subparagraph (a);

(c) endeavour to provide responses to the comments referred to in subparagraph (b) upon request;

(d) within fifteen (15) days after the receipt of a written request, provide an explanation of the objectives of the proposed technical regulation or conformity assessment procedure and how the technical regulation or conformity assessment procedure achieves them. If requested, the particulars or copies of the proposed technical regulation or conformity assessment procedure shall also be provided. Should the copies of the proposed technical regulation or conformity assessment procedure not be available at the time of request, the requested Party shall send them to the requesting Party as soon as they are available;

(e) provide information on substantive deviations of the proposed technical regulation and conformity assessment procedure from relevant international standards, guides or recommendations upon request, if any;

(f) provide information on the results of consideration of the comments made during the period for comments referred to in subparagraph (a) before the adoption of a technical regulation or conformity assessment procedure upon request; and

(g) endeavour to provide sufficient time between the end of the period for comments referred to in subparagraph (a) and the adoption of the notified technical regulation or conformity assessment procedure.

3. Where a Party makes notification under paragraph 10 of Article 2 or paragraph 7 of Article 5 of the TBT Agreement, it shall, upon written request of the other Party, provide copies of the notified technical regulation or conformity assessment procedure within ten (10) days after receipt of the request.

4. Each Party shall ensure prompt publication of adopted technical regulations and conformity assessment procedures and, to the extent practicable, draft technical regulations and conformity assessment procedures, or make them available in such a manner as to enable interested persons of the other Party to become acquainted with them.

5. Each Party shall make available to the other Party the list of certification bodies and test laboratories accredited by its accreditation bodies, as well as information on their scopes of accreditation.

6. The Parties are encouraged to consider methods to provide additional transparency in the development of standards, technical regulations and conformity assessment procedures, including through the use of electronic tools and public outreach or consultations.

7. Each Party should normally allow at least six (6) months from the adoption of a technical regulation and its entry into force except for situations where urgent problems of safety, health, environmental protection or national security arise or threaten to arise for the Parties or when this would be ineffective in fulfilling the legitimate objectives pursued by the technical regulation. A Party that is able to extend a time limit beyond six (6) months is encouraged to do so.

8. In implementing paragraph 7, the Parties shall ensure that they provide suppliers with a reasonable period, under the circumstances, to be able to demonstrate the conformity of their goods with the relevant requirements of the technical regulation by the date of entry into force of the specific technical regulation.

9. The Parties shall, to the fullest extent possible, endeavour to exchange information under this Article in the English language.