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
the measure, 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 the
proposed measure, except that in the case of any such measure
relating to perishable goods, each Party shall, to the greatest
extent practicable, publish the notice and provide the notification
at least 30 days prior to the adoption or modification of the
measure, but no later than when notification is provided to domestic
producers;
(b) identify in the notice and notification the good or service
to which the measure would apply, and shall provide a brief description
of the objective of, and reasons for the 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, on request, discuss
the comments and take the comments and the results of the 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 paragraph 1(a) and (b);
and
(b) observe paragraph (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 paragraph 1(a) and (b) are made prior
to their adoption; and
(b) observance of paragraph (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 paragraph 1 or 3, provided that on 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 the 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, on request, discuss
the comments and take the comments and the results of the 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 the 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 state or provincial
government, and by non-governmental standardizing bodies in its
territory.
9. Each Party shall designate by January 1, 1994 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 that 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, state or provincial government
level;
(b) the membership and participation of the Party, or its relevant
federal, state or provincial 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 those systems and arrangements;
(c) the location of notices published pursuant to Article 909,
or where the information can be obtained;
(d) the location of the inquiry points referred to in paragraph
3; and
(e) the Party's procedures for assessment of risk, and factors
it considers in conducting the 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 inquiry 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 inquiry point that
is able to answer all reasonable inquiries 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.
Continue on to Article 911: Technical Cooperation