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CHAPTER NINE
TECHNICAL BARRIERS TO TRADE
ARTICLE 9.4: JOINT COOPERATION
1. The Parties shall strengthen their cooperation in the field of standards, technical
regulations, and conformity assessment procedures with a view to increasing the mutual
understanding of their respective systems and facilitating access to their respective
markets.
In particular, the Parties shall seek to identify, develop, and promote trade facilitating
initiatives regarding standards, technical regulations, and conformity assessment
procedures
that are appropriate for particular issues or sectors. These initiatives may include
cooperation
on regulatory issues, such as transparency, the promotion of good regulatory practices,
alignment with international standards, and use of accreditation to qualify conformity
assessment bodies.
2. On request, a Party shall give favorable consideration to a sector-specific proposal that
the requesting Party makes for further cooperation under this Chapter.
ARTICLE 9.7: AUTOMOTIVE STANDARDS AND TECHNICAL REGULATIONS
1. The Parties shall cooperate bilaterally, including in the World Forum for
Harmonization of Vehicle Regulations of the United Nations Economic Commission for
Europe (WP.29), to harmonize standards for motor vehicle environmental performance
and
safety.
2. Each Party shall ensure that technical regulations related to motor vehicles are not
prepared, adopted, or applied with a view to or with the effect of creating unnecessary
obstacles to international trade, to the extent provided in Article 2.2 of the TBT
Agreement. For this purpose, technical regulations related to motor vehicles shall not be
more trade-restrictive than necessary to fulfill a legitimate objective, taking account of
the
risks non-fulfillment would create. Such legitimate objectives are, inter alia: national
security requirements; the prevention of deceptive practices; and protection of human
health
or safety, animal or plant life or health, or the environment. In assessing such risks,
relevant
elements of consideration are, inter alia: available scientific and technical information,
related processing technology, or intended end-uses of products.

ARTICLE 9.10: DEFINITIONS
For purposes of this Chapter:
central government body,4 local government body, conformity assessment
procedures,
standard, and technical regulation have the meanings assigned to those terms in Annex
1 of
the TBT Agreement; and
good regulatory practice means a practice that: (i) serves clearly identified policy goals,
and
is effective in achieving those goals; (ii) has a sound legal and empirical basis; (iii) takes
into
consideration the distribution of a regulation’s effects across society, taking economic,
environmental, and social effects into account; (iv) minimizes costs and market
distortions;
(v) promotes innovation through market incentives and goal-based approaches; (vi) is
clear,
simple, and practical for users; (vii) is consistent with the Party’s other regulations and
policies; and (viii) is compatible as far as possible with domestic and international
competition, trade, and investment principles.
4 Forgreater certainty, a non-governmental entity that a Party’s central government has authorized to
prepare,
adopt, or apply standards, technical regulations, or conformity assessment procedures on its behalf shall be
considered a central government body for purposes of this Chapter in respect of such activity.
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ANNEX 9-A
COMMITTEE ON TECHNICAL BARRIERS TO TRADE
The Committee on Technical Barriers to Trade shall be coordinated by:
(a) in the case of Korea, the Korean Agency for Technology and Standards, or its
successor; and
(b) in the case of the United States, the Office of the United States Trade
Representative, or its successor.
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ANNEX 9-B
AUTOMOTIVE WORKING GROUP
1. The Parties hereby establish an Automotive Working Group under Article 9.8.5
comprising representatives of each Party. Representatives of the Office of the United
States
Trade Representative, in the case of the United States, and the Ministry of Foreign
Affairs and
Trade, in the case of Korea, shall serve as coordinators. The Working Group shall include
or
consult as appropriate with the United States Department of Transportation, through its
National Highway Traffic Safety Administration, the United States Environmental
Protection
Agency, the Ministry of Information and Communications of Korea, the Ministry of
Commerce, Industry and Energy of Korea, the Ministry of Environment of Korea, the
Ministry of Construction and Transportation of Korea, and other relevant government
regulatory agencies. The Working Group may include or consult with other experts and
stakeholders as the Parties deem necessary and appropriate.
2. The Working Group shall:
(a) consult to resolve issues that a Party raises with respect to developing,
implementing, and enforcing relevant standards, technical regulations, and
conformity assessment procedures;
(b) facilitate increased cooperation between the Parties and stakeholders in their
territories with respect to issues that arise in developing, implementing, and
enforcing relevant standards, technical regulations, and conformity assessment
procedures;
(c) work to enhance cooperation between the Parties in multilateral fora
addressing automotive regulatory issues; and
(d) monitor the development, implementation, and enforcement of each Party’s
relevant standards, technical regulations, and conformity assessment
procedures to promote the development of good regulatory practices with
respect to regulation of motor vehicles.
3. The Working Group shall convene at least once each year, unless the coordinators
otherwise agree. Its meetings shall normally be held in conjunction with meetings of
WP.29
or other bilateral or multilateral fora in which both Parties participate that address
automotive
regulatory issues. The Working Group shall also carry out its work through electronic
mail,
videoconferences, and such other means of communication as the Working Group may
agree.
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4. (a) Unless the Working Group otherwise agrees, no later than the date on which a
Party first supplies information in writing to a non-governmental expert or stakeholder
for
comment5 regarding:
(i) a relevant standard, technical regulation, or conformity assessment
procedure; or
(ii) an amendment to a relevant standard, technical regulation, or
conformity assessment procedure
it is developing, it shall provide the information to the Working Group. When
a Party transmits a proposal to the other Party pursuant to Article 9.6.3 or
9.6.4, the Party shall at the same time provide the proposal to the Working
Group.
(b) As soon as it is available, a Party shall provide to the Working Group a draft of
the relevant standard, technical regulation, or conformity assessment procedure
or amendment it is developing.
(c) On request of the other Party, a Party shall provide additional available
information with respect to a relevant standard, technical regulation, or
conformity assessment procedure or amendment it is developing, such as
information regarding other regulatory approaches under consideration and
analysis of regulatory impact.
On request of either Party, the Working Group should evaluate the information a Party
provides it and provide views to the Party that provided the information, consistent with
the
Working Group’s mandate described in paragraph 2.
5. If a Party carries out a post-implementation review of a relevant standard, technical
regulation, or conformity assessment procedure it has adopted:
(a) the Party should provide a summary of the results of the review to the Working
Group; and
(b) on request of a Party, the Working Group should analyze the results of, and
methods and assumptions used in, the review.
For purposes of this paragraph, post-implementation review means a comprehensive
and
systematic examination of the effectiveness of a standard, technical regulation, or
conformity
assessment procedure after it has been implemented, including an assessment of whether
it
achieves its stated objectives, the burden it imposes, and its compatibility with other
standards, technical regulations, or conformity assessment procedures the Party has
adopted.
5 The United States first supplies information to a non-governmental expert or stakeholder for comment
when it
publishes a notice in the Federal Register requesting comment on a proposed regulation or amendment.
9-10
6. For purposes of this Annex:
relevant standard, technical regulation, and conformity assessment procedure means
a
standard, technical regulation, or conformity assessment procedure affecting motor
vehicles.
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posted:11/16/2012
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