Find MFAT's information paper on a country or territory. (We don't have information papers on all countries.)
Glossary
Although we have tried to use plain English content
on the site, you may come across specialist
terms and acronyms. Find
out what they mean in our glossary of terms.
If you come across a term that isn't
included in the Glossary please send
us an email.
Consistent with the objectives set out in Article 1 and the provisions of this Part, and reflecting the level of confidence that each Party has in the other Party’s regulatory outcomes and conformity assessment systems, each Party shall implement the principles of mutual recognition, unilateral recognition or harmonisation that provide the most appropriate or cost-efficient approach to the removal or reduction of technical, sanitary and phytosanitary barriers (hereinafter referred to as “regulatory barriers”) to the movement of goods between New Zealand and Singapore for products and/or assessments of manufacturers of products specified in the Product Chapters of Annex 4 on Technical, Sanitary and Phytosanitary Regulations and Standards.
“Mutual recognition” means that each Party, on the basis that it is accorded reciprocal treatment by the other Party:
accepts the mandatory requirements of the other Party as producing outcomes equivalent to those produced by its own corresponding mandatory requirements i.e. mutual recognition of equivalence of mandatory requirements;
accepts the results of conformity assessment activities of the other Party to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by the other Party in accordance with this Part i.e. mutual recognition of conformity assessment; or
accepts the standards of the other Party as equivalent to its own corresponding standards i.e. mutual recognition of equivalence of standards.
“Unilateral recognition” means that a Party on its own accord without requiring reciprocal treatment from the other Party:
accepts the mandatory requirements of the other Party as producing outcomes equivalent to those produced by its own corresponding mandatory requirements;
accepts the conformity assessment results of the other Party to demonstrate conformity of products and/or manufacturers with its mandatory requirements; or
accepts the standards of the other Party as equivalent to its own corresponding standards.
The Product Chapters may provide for unilateral recognition of products and/or assessments of manufacturers of products which are in compliance with the exporting Party’s mandatory requirements and are intended by that Party for export only and not for domestic supply or use.
“Harmonisation” means that each Party harmonises its standards and technical regulations with relevant international standards where they exist.
All general terms concerning standards and conformity assessment used in this Part shall have the meaning given in the definitions contained in the International Organisation for Standardisation/International Electrotechnical Commission (ISO/IEC) Guide 2:1996 “General terms and their definitions concerning standardisation and related activities” published by the ISO and IEC, unless the context otherwise requires. In addition, for the purpose of this Part and Annex 4, unless a more specific meaning is given in a Product Chapter:
"accept" means the use of the results of conformity assessment activities as a basis for regulatory actions such as approvals, licences, registrations and post-market assessments of conformity;
“acceptance” has an equivalent meaning to “accept”;
"certification body" means a body, including product or quality systems certification bodies, that may be designated by one Party in accordance with this Part to conduct certification on compliance with the other Party's standards and/or specifications to meet relevant mandatory requirements;
“conformity assessment” means any activity concerned with determining directly or indirectly that standards and/or specifications to meet relevant mandatory requirements are fulfilled;
"conformity assessment body" means a body that conducts conformity assessment activities and includes test facilities and certification bodies;
"designating authority” means a body as specified under this Part, established in the territory of a Party with the necessary authority to designate, monitor, suspend or withdraw designation of conformity assessment bodies within its jurisdiction, unless the Parties agree otherwise to designate conformity assessment bodies within a non-Party;
"designation" means the authorisation by a designating authority of a conformity assessment body to undertake specified conformity assessment activities;
“designate” has an equivalent meaning to “designation”;
"mandatory requirements" means the legislative, regulatory and administrative requirements of either Party that are the subject of this Part;
"regulatory authority" means an entity that exercises a legal right to control the import, use or supply of products within a Party’s territory and may take enforcement action to ensure that products marketed within its territory comply with that Party’s mandatory requirements including assessments of manufacturers of products;
“Product Chapter” is a chapter of Annex 4 to this Agreement, which specifies the implementation arrangements in respect of a specific product sector;
l) “specifications” means detailed descriptions of requirements other than specified standards;
"stipulated requirements" means the criteria set out in a Product Chapter for the designation of conformity assessment bodies;
“supply” includes all forms of supply, whether or not for a consideration, and includes but is not limited to:
any transfer of the whole property in any product;
any transfer of possession of any product, whether or not under an agreement for sale;
any transfer by way of a gift of a product made in the course or furtherance of any business;
any transfer by way of a gift to an actual or potential customer of any business of an industrial or commercial sample in a form not ordinarily available for supply to the public;
any transfer by way of barter and exchange;
any transfer by way of distribution, wholesale, retail, lease, hire or hire-purchase;
"test facility" means a facility, including independent laboratories, manufacturers’ own test facilities or government testing bodies, that may be designated by one Party’s designating authority in accordance with this Part to undertake tests on compliance with the other Party's standards and/or specifications to meet mandatory requirements.
Article 37 Establishment of a Work Programme
In addition to the Product Chapter on electrical and electronic equipment, the Parties shall:
identify and agree on other priority sectors within a period of 6 months from the date of entry into force of this Agreement with a view to removing or reducing regulatory barriers to the movement of goods between the Parties;
decide which of the principles relating to mutual recognition, unilateral recognition and harmonisation provides the most cost-efficient approach to the removal or reduction of regulatory barriers in the agreed priority sectors; and
establish a work programme to implement the agreed principle.
The Parties shall adopt additional Product Chapters following the conclusion of the above process.
As part of the reviews of this Agreement provided for in Article 68, the Parties shall review, at least every 2 years, the implementation of this Part for the purpose of:
building confidence in the technical competence of each Party’s regulatory systems and expediting the examination of differences in regulatory requirements and outcomes between the Parties;
facilitating the extension of this Part by inter alia:
adding new Product Chapters; and/or
increasing the scope of existing Product Chapters with the view to establishing mutual recognition of equivalence of mandatory requirements in the Product Chapters; and
resolving any questions or disputes relating to the implementation of this Part. If the Parties fail to achieve a mutually satisfactory solution, the matter may be resolved in accordance with Part 10.
Article 39 Origin
For the avoidance of doubt, this Part applies to products and/or assessments of manufacturers of products of the Parties as specified in the Product Chapters regardless of the origin of those products.
Article 40 Mutual Recognition of Equivalence of Mandatory Requirements
Coverage
This Article shall apply to products, and laws and regulations relating to products, as may be covered in the Product Chapters.
Applicability
Under this Article, mutual recognition shall affect certain laws relating to the products of the Party where the products are intended for supply. Such laws may, unless otherwise provided in the Product Chapters, include:
requirements relating to production, composition, quality or performance of a product;
requirements that a product satisfy certain standards relating to presentation such as packaging, labelling, date or age stamping; and
requirements that products be inspected, passed or similarly dealt with.
The laws and requirements of each Party, including but not limited to those that would prevent or restrict or would have the effect of preventing or restricting the supply or use of a product, and how they shall be affected by mutual recognition shall be specified in the relevant Product Chapters.
The requirements covered in this Article are not intended to affect the operation of any laws to the extent that these laws regulate:
the manner of the supply of products or the manner in which the sellers conduct or are required to conduct their business, so long as those laws apply equally to products produced in or imported into the Parties. These include:
the contractual aspects of the supply of the products;
the registration of sellers;
the requirements for business franchise licences;
the persons to whom products may or may not be supplied; and
the circumstances in which the products may or may not be supplied;
the transportation, storage or handling of products so long as those laws apply equally to products produced in or imported under the laws of the Parties and so long as they are directed at matters affecting, inter alia, human health or safety, animal or plant life or health, or the environment; or
the inspection of products so long as such inspection is not a prerequisite to the supply of products and the laws apply equally to products produced in or imported under the laws of the Parties and so long as they are directed at matters affecting, inter alia, human health or safety, animal or plant life or health, or the environment.
This Article shall not affect the operation of any laws or regulations prohibiting or restricting the importation of products into one Party from the other Party.
Article 41 Mutual Recognition of Conformity Assessment
Coverage
This Article shall apply to products and/or assessments of manufacturers of products, and their mandatory requirements as may be specified in the Product Chapters.
General Obligations
Each Party recognises that the conformity assessment bodies designated by the other Party in accordance with this Article are competent to undertake the conformity assessment activities necessary to demonstrate compliance with its mandatory requirements.
New Zealand shall accept the results of conformity assessment activities to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by Singapore’s designating authorities in accordance with this Article.
Singapore shall accept the results of conformity assessment activities to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by New Zealand’s designating authorities in accordance with this Article.
This Article shall not require mutual acceptance of the mandatory requirements of each Party, or mutual recognition of the equivalence of such mandatory requirements. The Parties shall, however, give consideration to increasing the degree of harmonisation or equivalence of their mandatory requirements, where appropriate and where consistent with good regulatory practice. Where both Parties agree that the mandatory requirements are harmonised or established as equivalent, the results of conformity assessment that demonstrate compliance with the exporting Party's mandatory requirements shall be accepted as demonstrating compliance with the importing Party's mandatory requirements without the need for further conformity assessment by the importing Party to demonstrate compliance with its own mandatory requirements.
Each Party shall, consistent with the relevant provisions of the WTO Agreement on Technical Barriers to Trade and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, use international standards, or the relevant parts of international standards, as a basis for its mandatory requirements where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate.
Designating Authorities
The Parties shall ensure that their designating authorities have the necessary authority to designate, monitor, suspend, remove suspension and withdraw designation of the conformity assessment bodies within their respective jurisdictions.
Designating authorities shall consult, as necessary, with their counterparts of the other Party to ensure the maintenance of confidence in conformity assessment processes and procedures. This consultation may include joint participation in audits related to conformity assessment activities or other assessments of designated conformity assessment bodies, where such participation is appropriate, technically possible and within reasonable cost.
In designating conformity assessment bodies, designating authorities shall observe the relevant stipulated requirements.
Designating authorities shall specify the scope of the conformity assessment activities for which a conformity assessment body has been designated.
Each Party shall give the other Party advance notice of at least 7 days, or such other time period as may be specified in the relevant Product Chapter, of any changes, including suspensions, to their list of designated conformity assessment bodies.
The results of conformity assessment activities undertaken by a designated conformity assessment body shall be valid for acceptance for the purposes of paragraphs 3 and 4 of this Article from the date its designation takes effect.
Designating authorities shall ensure that the conformity assessment bodies that they designate maintain the necessary technical competence to demonstrate the conformity of a product with the standards and/or specifications to meet mandatory requirements. Conformity assessment bodies of a non-Party shall be acceptable for designation by the Parties where there are no conformity assessment bodies designated in the territory of a Party and the other Party agrees to such designation.
Designating authorities shall exchange information concerning the procedures used to ensure that the designated conformity assessment bodies are technically competent and comply with the relevant stipulated requirements.
Designating authorities shall ensure that the conformity assessment bodies they designate participate in appropriate proficiency-testing programmes and other comparative reviews such as non government-to-government mutual recognition agreements, so that confidence in their technical competence to undertake the required conformity assessment is maintained.
Suspension and Withdrawal of Conformity Assessment Bodies
Each Party shall have the right to challenge a designated conformity assessment body’s technical competence and compliance with the relevant stipulated requirements. This right shall be exercised only in exceptional circumstances and where supported by relevant expert analysis or evidence. A Party shall exercise this right by notifying the other Party in writing. Such notification shall be accompanied by the supporting expert analysis or evidence.
Except in urgent circumstances, the Parties shall, prior to a challenge under paragraph 16, enter into consultations with a view to seeking a mutually satisfactory solution. In urgent circumstances, consultations shall take place immediately after the right of challenge has been exercised.
The consultations referred to in paragraph 17 shall be conducted expeditiously with a view to resolving all issues and seeking a mutually satisfactory solution within the time period specified in the relevant Product Chapter. If this is not achieved, the matter shall be resolved in accordance with the provisions of Part 10.
The Product Chapters may provide for additional procedures, such as verification and time limits, to be followed in relation to a challenge.
Unless the Parties decide otherwise, the designation of the challenged designated conformity assessment body shall be suspended by the relevant designating authority for the relevant scope of designation from the time its technical competence or compliance is challenged, until either:
a) the challenging Party is satisfied as to the competence and compliance of the conformity assessment body; or
b) the designation of that conformity assessment body has been withdrawn.
The results of conformity assessment activities undertaken by a designated conformity assessment body on or before the date of its suspension or withdrawal shall remain valid for acceptance for the purposes of paragraphs 3 and 4 unless otherwise agreed by the Parties.
Designating authorities shall compare methods used to verify that the designated conformity assessment bodies comply with the relevant stipulated requirements.
Article 42 Mutual Recognition of Equivalence of Standards
Where regulatory compliance is required and where there is equivalence of outcomes, each Party shall accept the standards of the other Party as equivalent to its own corresponding standards.
Article 43 Exchange of Information
The Parties shall exchange information concerning their mandatory requirements and conformity assessment procedures.
Each Party shall inform the other Party of any proposed changes to its mandatory requirements. Except where considerations of health, safety or environmental protection warrant more urgent action, each Party shall notify the other Party of the changes within the time period set out in the relevant Product Chapters or, if no time period is specified, at least 60 days before the changes enter into force.
The Parties may agree on the provision of other information for a specific sector in the Product Chapters.
Article 44 Preservation of Regulatory Authority
Each Party retains all authority under its laws to interpret and implement its mandatory requirements.
This Part shall not limit the authority of a Party to determine the level of protection it considers necessary for the protection of inter alia human health or safety, animal or plant life or health, or the environment.
This Part shall not limit the authority of a Party to take all appropriate measures whenever it ascertains that products may not conform with its mandatory requirements. Such measures may include withdrawing the products from the market, prohibiting their placement on the market, restricting their free movement, initiating a product recall, initiating legal proceedings or otherwise preventing the recurrence of such problems, including through a prohibition on imports. If a Party takes such measures, it shall notify the other Party within 15 days of taking the measures, giving its reasons.
Article 45 Confidentiality
A Party shall not be required to disclose confidential proprietary information to the other Party except where such disclosure would be necessary for the other Party to demonstrate the technical competence of its designated conformity assessment bodies and conformity with the relevant stipulated requirements.
A Party shall, in accordance with its applicable laws, protect the confidentiality of any proprietary information disclosed to it in connection with conformity assessment activities and/or designation procedures.
Market accessAPECExport controlsNZ and the WTOOECDTrade AgreementsTrade RelationshipsTrade and economic analysisTrade lawTrade scholarships
