TPP - Chapter 08 - Technical Barriers to Trade

CHAPTER 8

TECHNICAL BARRIERS TO TRADE

Article 8.1: Explanation of Terms

1.       Within the scope of this Chapter:

The definitions of the terms used in this Chapter as set out in Annex 1 of the TBT Agreement, including the chapeau and explanations of Annex 1, are incorporated into and are a part of this Chapter with any modifications.

"Consular transactions" refer to the requirements where a product of one Party intended for export into the territory of another Party must first undergo consular supervision of the importing Party within the territory of the exporting Party to obtain a consular invoice or consular visa for compliance assessment documents;

"Marketing authorisation" refers to one or more processes by which a Party approves or registers a product to allow the marketing, distribution, or sale of that product within its territory. These processes may be described in domestic laws or regulations in various ways, including “marketing authorisation,” “authorisation,” “approval,” “registration,” “sanitary authorisation,” “sanitary registration,” and “sanitary approval.” Marketing authorisation does not include notification procedures;

"Mutual Recognition Agreement" (MRA) is a binding agreement between governments to recognize the results of conformity assessment procedures conducted not in accordance with the appropriate regulations or technical standards in one or more fields, including agreements among governments to implement the APEC MRA on the conformity assessment of telecommunications equipment and the MRA on electrical and electronic equipment, and other agreements that may be called "Mutual Recognition Agreements," but which stipulate the recognition of conformity assessment not in accordance with the appropriate regulations or technical standards in one or more fields;

"MRA" refers to an international or regional agreement (including multilateral recognition agreements) among certification bodies recognizing the equivalence of certification systems (based on peer evaluation) or among conformity assessment bodies recognizing the results of conformity assessments;

"Post-market surveillance" refers to the procedures a Party conducts after a product has been placed in its market to monitor or assess compliance with that Party's requirements for the product;

"TBT Agreement" refers to the WTO Agreement on Technical Barriers to Trade; and

"Verification" means actions to confirm the authenticity of individual results of conformity assessment, such as requesting information from a conformity assessment body, the organization that has certified, approved, licensed the conformity assessment body, or recognized it otherwise, but does not include requirements under which a product must be conformity assessed within the territory of the importing Party if that product has already been conformity assessed within the territory of the exporting Party or a third party, except in occasional or irregular cases for the purposes of monitoring or responding to information on non-compliance.

Article 8.2: Objectives

The objectives of this Chapter, including its Annexes, are to facilitate trade, including the elimination of unnecessary technical barriers to trade, enhance transparency, and promote cooperation and good administrative practices.

Article 8.3: Scope

1.       This Chapter applies to the preparation, adoption, and application of regulations, technical standards, and conformity assessment procedures of central government bodies (and the regulations, technical standards, and conformity assessment procedures of sub-divisional authorities of central government bodies, if any) that may affect trade in goods between the Parties, except as provided in paragraphs 3 and 4.

1bis. Each Party shall take reasonable measures within its authority to encourage compliance by sub-divisional authorities of central government bodies within its territory in the preparation, adoption, and application of regulations, technical standards, and conformity assessment procedures with Articles 8.5 (International Standards, Guidelines, and Recommendations), 8.6 (Conformity Assessment Procedures), 8.7 (Stage of Compliance for Technical Regulations and Conformity Assessment Procedures), and the Annexes of this Chapter.

2.       All regulations, technical standards, and conformity assessment procedures mentioned in this Chapter include amendments and modifications to the regulations or scope of application, except for insignificant modifications and amendments.

3.       This Chapter does not apply to specifications provided by government organizations/individuals for their own production and consumption needs. These specifications are stipulated in Chapter 15 (Government Procurement).

4.       This Chapter does not apply to sanitary and phytosanitary measures. These measures are stipulated in Chapter 7 (Sanitary and Phytosanitary Measures).

5.       For clarification, this Chapter does not prevent a Party from applying or maintaining regulations, technical standards consistent with its rights and obligations under this Agreement, the TBT Agreement, and other related international obligations.

Article 8.4: Applicability of Certain Provisions of the TBT Agreement

1.       The following provisions of the TBT Agreement are incorporated into and made a part of this Agreement, with modifications:

(a) Articles 2.1, 2.2, 2.4, 2.5, 2.9, 2.10, 2.11, 2.12;

(b) Articles 5.1, 5.2, 5.3, 5.4, 5.6, 5.7, 5.8, 5.9; and

(c) Sections D, E, and F of Annex 3.

2.       Neither Party may resort to dispute settlement under Chapter 28 (Dispute Settlement) for allegations of violations of the TBT Agreement provisions incorporated in paragraph 1 of this Article.

Article 8.5: International Standards, Guidelines, and Recommendations

1.       The Parties recognize the important role of international standards, guidelines, and recommendations in supporting higher regulatory alignment, good administrative practices, and reducing unnecessary barriers to trade.

2.       In this regard, pursuant to Articles 2.4 and 5.4 and Annex 3 of the TBT Agreement, in determining an international standard, guideline, or recommendation as defined in Articles 2, 5, and Annex 3 of the TBT Agreement, each Party must apply the Decision of the TBT Committee on Principles for the Development of International Standards, Guides and Recommendations in relation to Articles 2, 5, and Annex 3 of the TBT Agreement (G/TBT/1/Rev.10), issued by the WTO Committee on Technical Barriers to Trade.

3.       The Parties shall cooperate, where feasible and appropriate, to ensure that international standards, guidelines, and recommendations are capable of serving as a basis for technical regulations and conformity assessment procedures without creating unnecessary obstacles to international trade.

Article 8.6: Conformity Assessment

1.       Pursuant to Article 6.4 of the TBT Agreement, each Party must apply to conformity assessment bodies in the territory of another Party policies no less favorable than those applied to conformity assessment bodies in its territory or in the territory of any other Party. To ensure these policies are applied, each Party must apply to conformity assessment bodies in the territory of another Party identical or similar procedures, standards, conditions as those applied when certifying, approving, licensing, or recognizing conformity assessment bodies in its territory.

2.       Paragraphs 1 and 4 shall not prevent a Party from conducting conformity assessments for specific products only within the designated government bodies of its territory or the territory of another Party in accordance with its TBT Agreement obligations.

3.       Where a Party conducts conformity assessments per paragraph 2, and pursuant to Article 5.2 and Article 5.4 of the TBT Agreement concerning the limitation of information requirements, protection of legitimate commercial interests, and completeness of evaluation procedures, the Parties must explain the following matters upon request of another Party:

(a) The necessity of the information required for conformity assessment and fee determination;

(b) How the Party ensures the confidentiality of information while protecting legitimate commercial interests; and

(c) The procedures for reviewing complaints regarding the operation of conformity assessment procedures and taking remedial actions if the complaint is justified.

4.       Pursuant to Article 6.4 of the TBT Agreement, when a Party maintains other procedures, standards, conditions per paragraph 1 and requires testing, certification, and/or inspection results to ensure product compliance with a standard or technical regulation, that Party:

(a) must not require a conformity assessment body responsible for testing or certifying the product, or inspecting body, to be located within its territory;

(b) must not require conformity assessment bodies outside its territory to establish an office within its territory; and

(c) must allow conformity assessment bodies within other Parties' territories to register a certificate of compliance with the procedures, standards, conditions that the Party requires a conformity assessment body to be deemed competent, or to approve such conformities to test, certify, or inspect products.

5.       Paragraphs 1 and 4(c) do not prevent a Party from applying mutual recognition agreements for certifying, approving, licensing, or recognizing conformity assessment bodies located outside its territory in compliance with TBT Agreement obligations.

6.       Paragraphs 1, 4, and 5 do not prevent a Party from verifying the results of conformity assessment procedures conducted by conformity assessment bodies located outside its territory.

7.       Pursuant to paragraph 6, to enhance the reliability of the conformity assessment results from each other’s territories, the Parties may request information on matters relating to conformity assessment bodies outside their territory.

8.       Pursuant to Article 9.1 of the TBT Agreement, a Party must consider applying provisions to approve conformity assessment bodies that are certified for the importing Party's standards or technical regulations by a certification body participating in an international or regional mutual recognition agreement. The Parties recognize that these agreements can address important considerations in approving conformity assessment bodies, including technical capacity, independence, and avoidance of conflicts of interest.

9.       Pursuant to Article 9.2 of the TBT Agreement, a Party must not refuse to accept, take actions that directly or indirectly affect, or require or encourage others to refuse to accept the results of conformity assessments from a conformity assessment body based on the reason that the certifying body:

(a) Operates within the territory of a Party that has more than one certification body;

(b) Is a non-governmental organization;

(c) Is located within a Party’s territory that does not maintain a certification body accreditation procedure;

(d) Does not have an office within its territory; or

(e) Operates for profit.

10.     For clarification, paragraph 9 does not preclude a Party from refusing conformity assessment results provided by a conformity assessment body if the refusal’s justification is demonstrated, provided the refusal is consistent with the TBT Agreement and this Chapter.

11.     Each Party must publish, preferably electronically, all procedures, standards, conditions they may use as a basis for determining a conformity assessment body’s competency to be certified, approved, licensed, or recognized otherwise, including those recognized under mutual recognition agreements.

12.     Where a Party certifies, approves, licenses, or recognizes otherwise conformity assessment bodies based on a specific standard or technical regulation within its territory, and refuses certification, approval, licensing, or recognition otherwise of a conformity assessment body based on the same standard or technical regulation within another Party’s territory, or refuses to implement a mutual recognition agreement, that Party must explain the reason for the refusal upon the other Party’s request.

13.     Where a Party does not accept the results of a conformity assessment procedure conducted within another Party’s territory, it must explain its decision upon the other Party’s request.

14.     Pursuant to Article 6.3 of the TBT Agreement, where a Party denies a request from another Party to enter into negotiations to conclude a mutual recognition agreement for each other’s conformity assessment results, that Party must explain its decision upon the other Party’s request.

15.     Pursuant to Article 5.2.5 of the TBT Agreement, any fees for conformity assessment imposed by a Party must be limited to the approximate costs of the services rendered.

16.     No Party shall require conformity assessment procedures to be accompanied by consular transactions, including related fees.Article 8.7: Transparency [add two colons]

1. Each Party shall allow persons of other Parties to participate in the process of developing standards, technical regulations, and conformity assessment procedures conducted by its central authorities. Each Party shall allow persons of other Parties to participate in the process of developing measures no less favorable than the measures applied to persons of its own Party.

2. Each Party is encouraged to consider methods of enhancing transparency in the process of developing standards, technical regulations, and conformity assessment procedures, including through the use of electronic tools and promoting public participation or consultation.

3. Where appropriate, each Party shall encourage non-governmental organizations within its territory to comply with the requirements of Paragraphs 1 and 2.

4. Each Party shall publish all proposals for new conformity assessment procedures and technical regulations, proposals to amend existing conformity assessment procedures and technical regulations, official conformity assessment procedures and technical regulations, and official amendments to existing conformity assessment procedures and technical regulations of its central authorities.

4bis. For clarification, proposals for technical regulations and conformity assessment procedures may include, but are not limited to, according to the discretion of that Party: policy proposals; discussion documents; summaries of technical regulations and conformity assessment procedures; or draft texts of proposed technical regulations and conformity assessment procedures. Each Party ensures that such proposals contain sufficient details on the potential content of the proposed technical regulations and conformity assessment procedures to fully inform interested persons and other Parties on whether and how their commercial interests may be affected.

4ter. Each Party shall publish, preferably by electronic means, on an official journal or website, all proposals for new technical regulations and conformity assessment procedures, proposals to amend existing technical regulations and conformity assessment procedures, the official text of new technical regulations and conformity assessment procedures, and amendments of the central authorities that need to notify or publish under the TBT Agreement or this Chapter and may significantly impact trade.

5. Each Party shall take reasonable steps to ensure that all proposals for new technical regulations and conformity assessment procedures, proposals to amend existing technical regulations and conformity assessment procedures, and official technical regulations and conformity assessment procedures and their official amendments of the local authorities directly subordinated to the central authorities are published.

5bis. Each Party ensures that official technical regulations and conformity assessment procedures and their official amendments of the local authorities directly subordinated to the central authorities can be accessed through the websites or official journals, preferably a single composite website, to the extent applicable for proposals for new and amended technical regulations and conformity assessment procedures.

6. Each Party shall notify WTO Members following the procedures specified in Articles 2.9 and 5.6 of the TBT Agreement about proposals for new technical regulations and conformity assessment procedures complying with the technical content of relevant international standards, guides, or recommendations, if any, and may significantly impact trade.

6bis. Notwithstanding Paragraph 6, in the event of or threat of an urgent problem concerning safety, health, environmental protection, or national security of a Party, that Party may notify WTO Members about new technical regulations or conformity assessment procedures complying with the technical content of relevant international standards, guides, or recommendations, if any, upon adopting these regulations or procedures as per the procedures specified in Article 2.10 or Article 5.7 of the TBT Agreement.

7. Each Party shall endeavor to notify WTO Members about proposals for new technical regulations and conformity assessment procedures by the local authorities directly subordinated to the central authorities complying with the technical content of relevant international standards, guides, or recommendations if any and may significantly impact trade.

8. To determine whether a proposed technical regulation or conformity assessment procedure may have a “significant impact on the trade of other Members” and needs to be notified as per Articles 2.9, 2.10, 3.2, 5.6, 5.7, or 7.2 of the TBT Agreement or this Chapter, each Party shall consider the related Decisions and recommendations adopted by the WTO Committee on Technical Barriers to Trade from January 1, 1995 (G/TBT/1/Rev. 10) along with other documents.

9. The Party publishing and submitting a notice as per Articles 2.9, 3.2, 5.6, or 7.2 of the TBT Agreement or this Chapter has the responsibility to:

(a) explain the objectives of the proposal and how the proposal may accomplish those objectives in the notice; and

(b) send the notices and proposals in electronic format to other Parties through the inquiry points established by the Parties as per Article 10 of the TBT Agreement simultaneously with the notice sent to WTO Members.

10. Each Party shall provide a 60-day period after sending the proposal as per Paragraph 9 to another Party or a concerned person of another Party for submission of written comments on the proposal. A Party shall consider a reasonable request of another Party or a concerned person of another Party for extending the comment period. A Party is encouraged to provide a longer period of 90 days, if possible.

11. Each Party is encouraged to provide enough time from the end of the comment period to the adoption of the notified technical regulation or conformity assessment procedure to review and respond to received comments.

12. Each Party shall endeavor to notify WTO Members of the official text of the technical regulation or conformity assessment procedure at the time it is adopted or published as an appendix to the original notice of the proposed measure as per Articles 2.9, 3.2, 5.6, or 7.2 of the TBT Agreement or this Chapter.

13. A Party submitting a notice as per Articles 2.10 or 5.7 of the TBT Agreement and this Chapter shall simultaneously send the notice and the electronic text of the technical regulation or conformity assessment procedure to other Parties through the inquiry points indicated in Paragraph 9(b).

14. No later than the publication date of the official technical regulation or conformity assessment procedure that may have a significant impact on trade, each Party, preferably by electronic means, shall:

(a) publish an explanation of the objectives and how the official technical regulation and conformity assessment procedure achieves these objectives;

(b) provide, as soon as possible, but no later than 60 days from the date of receipt of a request from a Party, a description of alternative methods considered by that Party in developing the technical regulation or conformity assessment procedure, if any, and the advantages of the chosen method;

(c) publish its responses to major or significant issues in the received comments concerning the proposed technical regulation or conformity assessment procedure; and

(d) provide, as soon as possible, but no later than 60 days from the date of receipt of a request from a Party, a description of significant modifications, if any, to the proposed technical regulation or conformity assessment procedure that that Party made, including changes made based on the comments received.

15. Following Appendix 3 (J) of the TBT Agreement, each Party ensures that the program of work of its central standardization bodies, including standards under preparation and standards adopted, is published on its central standardization body's website or the website indicated in Paragraph 4ter of this Article.

Article 8.8: Compliance Time for Technical Regulations and Conformity Assessment Procedures

1. Within the scope of applying Articles 2.12 and 5.9 of the TBT Agreement, the term “reasonable interval” usually refers to a period of not less than six months, except where such a period would be ineffective in achieving the legitimate objectives.

2. Where feasible and appropriate, each Party shall endeavor to provide an interval longer than six months between the publication date of official technical regulations and conformity assessment procedures and the date these regulations come into effect.

3. For further clarification of Paragraphs 1 and 2, when establishing a “reasonable interval” for a specific technical regulation or conformity assessment procedure, each Party shall provide suppliers with a reasonable period on a case-by-case basis to demonstrate their goods' compliance with the relevant requirements of the regulation or technical standard before the regulation or conformity assessment procedure takes effect. In doing so, each Party shall consider the available resources for suppliers.

Article 8.9: Trade Facilitation and Cooperation

1. Pursuant to Articles 5, 6, and 9 of the TBT Agreement, the Parties recognize that a variety of mechanisms exist to facilitate the acceptance of the results of conformity assessment. In this regard, a Party may:

(a) implement mutual recognition of the results of conformity assessment procedures conducted by bodies within each other’s territories regarding specific technical regulations;

(b) recognize existing regional and international mutual recognition arrangements between certification bodies or conformity assessment organizations;

(c) apply accreditation to select conformity assessment organizations, particularly international certification systems;

(d) designate conformity assessment organizations or recognize conformity assessment organizations designated by the other Party;

(e) unilaterally recognize the results of conformity assessment procedures conducted within the other Party’s territory; and

(f) accept supplier's declaration of conformity.

2. The Parties acknowledge that a range of mechanisms exist to support better regulatory alignment and eliminate unnecessary technical barriers to regional trade, including:

(a) dialogue and cooperation to:

(i) exchange information on regulatory approaches and practices;

(ii) promote the use of good regulatory practices to enhance the effectiveness of standards, technical regulations, and conformity assessment procedures;

(iii) provide consultation and technical assistance, under agreed terms, to improve practices related to the development, implementation, and evaluation of technical standards, conformity assessment procedures, and measurements; or

(iv) provide support and technical cooperation, under agreed terms, to build capacity and support the implementation of this Chapter;

(b) greater alignment of national standards with relevant international standards, except where inappropriate or ineffective;

(c) facilitate the greater adoption of relevant international standards, guidelines, and recommendations as the basis for technical regulations and conformity assessment procedures; and

(d) promote the acceptance of equivalent technical regulations from another Party.

3. Regarding the mechanisms listed in Paragraphs 1 and 2, the Parties recognize that selecting an appropriate mechanism in a specific legal context will depend on many factors, such as the product and sector involved, the volume and direction of trade, the relationships between the regulators of the Parties, the legitimate objectives, and the risk of non-achievement of those objectives.

4. The Parties shall enhance exchange and cooperation on mechanisms to facilitate the acceptance of conformity assessment results, support better regulatory alignment, and eliminate unnecessary technical trade barriers in the region.

5. A Party shall carefully consider any proposal for cooperation in the specific field under this Chapter upon the request of another Party.

6. Following Article 2.7 of the TBT Agreement, a Party shall explain the reasons why it does not accept another Party’s technical regulation as equivalent upon request of that Party.

7. The Parties shall encourage cooperation between their organizations responsible for standardization, conformity assessment, certification, and metrology, whether these organizations are public or private, to address issues raised in this Chapter.

Article 8.10: Information Exchange and Technical Discussions

1. A Party has the right to request another Party to provide information on issues arising under this Chapter. The requested Party shall provide such information within a reasonable period, and if possible, by electronic means.

2. A Party has the right to request technical discussions with another Party to resolve issues arising under this Chapter.

2bis. A Party may request technical discussions with another Party regarding the technical regulations or conformity assessment procedures of local authorities directly subordinated to central authorities if these regulations or standards may significantly impact trade.

3. The relevant parties shall discuss the issues raised within 60 days from the date of the request. If the requesting Party believes it is an urgent matter, they may request a discussion within a shorter timeframe. In such a case, the requested Party shall actively consider the request.

4. The Parties shall endeavor to resolve the issue as quickly as possible, understanding that the time needed to resolve a problem depends on many factors and not all issues may be resolved through technical discussions.

5. Unless otherwise agreed upon by the parties involved in the technical discussions, the discussions and information exchanged during the process shall be confidential and without prejudice to the rights and obligations of the Parties involved under this Agreement, the WTO Agreement, or any other agreement to which two Parties are a party.

6. Requests for information or technical discussions and communications shall be transmitted through the Coordinators responsible for the relevant Chapter.Article 8.11: Committee on Technical Barriers to Trade

1.   The Parties concurrently establish the Committee on Technical Barriers to Trade (hereinafter referred to as the “Committee”), comprising representatives from each Party.

2.   Through the Committee, the Parties will enhance coordination in areas of technical regulations, conformity assessment procedures, and standards to facilitate trade between the Parties.

3.   The functions of the Committee may include:

(a) Monitoring the implementation and operation of this Chapter, including the attached Annexes and any other commitments agreed upon under this Chapter, and identifying possible amendments or interpretations of such commitments as provided for in Chapter 27 (Administrative and Institutional Provisions);

(b) Overseeing technical discussions on issues arising under this Chapter as required under paragraph 2 or 2bis of Article 8.10 (Information Exchange and Technical Discussions);

(c) Agreeing on mutually interested priority areas for future work under this Chapter and considering proposals for initiatives within specific areas or other initiatives;

(d) Encouraging cooperation between the Parties on matters related to this Chapter, including the development, assessment, or modification of technical regulations, standards, and conformity assessment procedures;

(e) Fostering cooperation between non-governmental organizations within the territories of the Parties as well as cooperation between government and non-governmental organizations within the territories of the Parties on matters related to this Chapter;

(f) Facilitating the identification of technical capacity needs;

(g) Encouraging the exchange of information between the Parties and relevant non-governmental organizations, as appropriate, on the development of common approaches regarding matters discussed in non-governmental, regional, multilateral, or other standard-setting bodies, guides, recommendations, policies, and other processes relevant to this Chapter;

(h) Upon the request of a Party, facilitating the exchange of information between the Parties related to technical regulations, standards, and conformity assessment procedures of non-TPP countries as well as systemic issues aimed at developing common approaches;

(i) Taking other actions that the Parties consider may assist them in implementing this Chapter and the TBT Agreement;

(j) Reviewing this Chapter in light of developments under the TBT Agreement, proposing amendments to this Chapter after considering such developments; and

(k) Reporting to the TPP Commission on the implementation and operation of this Chapter.

4.   The Committee may establish working groups to carry out these functions.

5.   Each Party shall designate a Coordinator for this Chapter and provide the other Parties with the name of their Chapter Coordinator, contact information for the relevant officials in that organization, including telephone number, fax, email, and other relevant information.

6.   A Party shall promptly notify the other Party of any changes to its Chapter Coordinator or the contact information of the relevant officials.

7.   The responsibilities of each Chapter Coordinator shall include:

(a) Communicating with the Chapter Coordinators of the other Parties, including facilitating discussions, requests, and prompt exchange of information regarding matters arising under this Chapter;

(b) Liaising and coordinating with relevant state agencies, including regulatory authorities, within its territory on matters related to this Chapter;

(c) Consulting and, if appropriate, cooperating with interested parties within its territory on matters related to this Chapter; and

(d) Other responsibilities assigned by the Committee.

8.   The Committee shall meet within one year from the date of entry into force of this Agreement and thereafter as agreed by the Parties. The Committee shall conduct its work through means of communication agreed upon by the Parties, which may include e-mail, telephone conferences, video conferences, meetings on the sidelines of other regional and international forums, or by other means.

9.   The Committee shall make decisions by consensus.

10.  When determining Committee activities, the Parties shall consider the work being carried out in other forums to ensure no duplication of Committee activities.

Article 8.12: Annexes

1.   Except for the Annexes on Proprietary Formulas for Packaged Foods and Food Additives; Cosmetic Products; Medical Devices; and Pharmaceuticals, the scope of which is specified in their respective Annexes, the Annexes shall have the scope as specified in Article 8.2: Scope of Products covered by the relevant Annexes.

2.   The rights and obligations provided in each Annex of this Chapter shall apply solely to the areas specified in the applicable Annex and shall not affect the rights and obligations of any Party under another Annex.

3.   Unless the Parties agree otherwise, within five years from the date of entry into force of this Agreement and at least once every five years thereafter, the Committee shall:

(a) Review the implementation of the Annexes to consolidate, enhance, and, if appropriate, recommend strengthening the alignment of the respective technical regulations, standards, and conformity assessment procedures of the Parties within the scope of the Annexes; and

(b) Consider whether the development of additional annexes related to other areas would further the objectives of this Chapter or this Agreement, and decide whether to recommend to the TPP Commission to initiate negotiations to conclude annexes covering those areas.

1 The Committee on Technical Barriers to Trade has the responsibility to develop and maintain a list of such agreements.

2 Provided the certification bodies are internationally recognized as per paragraph 8.

3 For greater clarity, this paragraph shall not apply to a Party verifying conformity assessment documentation during the process of issuing or renewing marketing authorizations.

4 A Party fulfills this obligation by, for example, providing interested persons with a reasonable opportunity to comment on the proposed measure and considering these comments when developing the measure.

5 For greater clarity, a Party may fulfill this obligation by ensuring that all proposals for new technical regulations and conformity assessment procedures, amendments to existing technical regulations and conformity assessment procedures, and the official texts of all new and amended technical regulations that a Party is required to notify or publish under the TBT Agreement or this Chapter, and that may have a significant effect on trade, are published or accessible on the Party’s WTO website.

6 For greater clarity, no Party is required to provide a description of alternatives or substantial modifications under point (b) or (d) before the publication date of the official technical regulation or conformity assessment procedure.

ANNEX OF CHAPTER 08

TABLE OF CONTENTS

TPP - Chapter 00 - Preamble

TPP - Chapter 01 - General Definitions and Provisions

TPP - Chapter 02 - National Treatment and Market Access for Goods

TPP - Chapter 03 - Rules of Origin and Origin Procedures

TPP - Chapter 04 - Textiles and Apparel

TPP - Chapter 05 - Customs Administration and Trade Facilitation

TPP - Chapter 06 - Trade Remedies

TPP - Chapter 07 - Sanitary and Phytosanitary Measures

TPP - Chapter 08 - Technical Barriers to Trade

TPP - Chapter 09 - Investment

TPP - Chapter 10 - Cross-Border Trade in Services

TPP - Chapter 11 - Financial Services

TPP - Chapter 12 - Temporary Entry for Business Persons

TPP - Chapter 13 - Telecommunications

TPP - Chapter 14 - Electronic Commerce

TPP - Chapter 15 - the Government Procurement

TPP - Chapter 16 - Competition Policy

TPP - Chapter 17 - State-Owned Enterprises and Designated Monopolies

TPP - Chapter 18 - Intellectual Property

TPP - Chapter 19 - Labor

TPP - Chapter 20 - Environment

TPP - Chapter 21 - Cooperation and Capacity Building

TPP - Chapter 22 - Competitiveness and Business Facilitation

TPP - Chapter 23 - Development

TPP - Chapter 24 - Small and Medium-sized Enterprises

TPP - Chapter 25 - Regulatory Coherence

TPP - Chapter 26 - Transparency and Anti-Corruption

TPP - Chapter 27 - Administrative and Institutional Provisions

TPP - Chapter 28 - Dispute Settlement

TPP - Chapter 29 - Exceptions and General Provisions

TPP - Chapter 30 - Final Provisions

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