Article 7.1: Definitions

For the purposes of this Chapter:

technical regulation, standard and conformity assessment procedures shall have the meanings
assigned to those terms in Annex 1 of the TBT Agreement.

Article 7.2: Objectives

The objectives of this Chapter are to increase and
facilitate trade through the improvement of the implementation
of the TBT Agreement, the elimination of unnecessary technical
barriers to trade and the enhancement of bilateral
cooperation.

Article 7.3: Scope and Coverage

1. Except as provided in paragraphs 2 and 3 of this Article, this Chapter
applies to all standards, technical regulations, and conformity
assessment procedures of the central level of government that
may, directly or indirectly, affect trade in goods between the
Parties.

2. Each Party shall take such reasonable measures as may be available
to it to ensure compliance by regional or local governments and
non-governmental bodies within its territory which are
responsible for the preparation, adoption and application of
technical regulations, standards and conformity assessment
procedures in the implementation of the provisions of this
Chapter.

3.
Technical specifications prepared by governmental bodies for
production or consumption requirements of such bodies are not
subject to the provisions of this Chapter, but are addressed in
Chapter 15 (Government Procurement), according to its
coverage.

4. This
Chapter does not apply to sanitary and phytosanitary measures
as defined in Annex A, paragraph 1 of the SPS Agreement, which
are covered in Chapter 6 (Sanitary and Phytosanitary
Measures).

Article
7.4:
Affirmation of Agreement on Technical Barriers to Trade

The Parties affirm their rights and obligations under the
TBT Agreement.

Article
7.5:
International Standards

1. Each
Party shall use relevant international standards, to the extent
provided in Article 2.4 of the TBT Agreement, as a basis for
its technical regulations.

2. In
determining whether an international standard, guide or
recommendation within the meaning of Articles 2 and 5 and Annex
3 of the TBT Agreement exists, each Party shall apply the
principles set out in Decisions and Recommendations adopted
by the Committee since 1 January 1995, G/TBT/1/Rev.8, 23
May 2002, Section IX (Decision of the Committee on
Principles for the Development of International Standards,
Guides and Recommendations with relation to Articles 2, 5 and
Annex 3 of the Agreement), issued by the WTO Committee on
Technical Barriers to Trade.

Article
7.6:
Trade Facilitation

The Parties shall work cooperatively in the fields of
standards, technical regulations and conformity assessment
procedures with a view to facilitating trade between the
Parties. In particular, the Parties shall seek to
identify trade facilitating bilateral initiatives regarding
standards, technical regulations and conformity assessment
procedures that are appropriate for particular issues or
sectors. Such initiatives may include:

(a) cooperation on
regulatory issues, such as convergence or equivalence of
technical regulations and standards;

(b)
alignment with international standards;

(c)
reliance on a supplier's declaration of conformity;
and

(d) use of
accreditation to qualify conformity assessment bodies, as well
as cooperation through recognition of conformity assessment
procedures.

Article
7.7:
Technical Regulations

1. Each
Party shall give positive consideration to accepting as
equivalent technical regulations of the other Party, even if
these regulations differ from its own, provided it is satisfied
that these regulations adequately fulfil the objectives of its
regulations.

2. Where a
Party does not accept a technical regulation of the other Party
as equivalent to its own, it shall, at the request of the other
Party, explain its reasons.

3. Neither
Party may have recourse to dispute settlement under this
Agreement for any matter arising under this Article.

Article
7.8:
Conformity Assessment Procedures

1. The
Parties recognise that a broad range of mechanisms exist to
facilitate the acceptance in a Party's territory of the
results of conformity assessment procedures conducted in the
other Party's territory. For example:

(a)
the importing Party may rely on a supplier's declaration
of conformity;

(b) conformity
assessment bodies located in each Party's territory may
enter into voluntary arrangements to accept the results of each
other's conformity assessment procedures;

(c) a Party may
agree with the other Party to accept the results of conformity
assessment procedures that bodies located in the other
Party's territory conduct with respect to specific
technical regulations;

(d) a Party may
adopt accreditation procedures for qualifying conformity
assessment bodies located in the territory of the other
Party;

(e) a Party may
designate conformity assessment bodies located in the territory
of the other Party; and

(f) a Party
may facilitate the consideration of a request by the other
Party to recognise the results of conformity assessment
procedures conducted by bodies in the other Party's
territory, including through negotiation of agreements in a
sector nominated by that other Party.

The Parties shall exchange information on these and other
similar mechanisms with a view to facilitating acceptance of
conformity assessment results.

2. Where a
Party does not accept the results of a conformity assessment
procedure conducted in the territory of the other Party, it
shall, on request of that other Party, explain the reasons for
its decision.

3. Each
Party shall accredit, approve, license, or otherwise recognise
conformity assessment bodies in the territory of the other
Party on terms no less favourable than those it accords to
conformity assessment bodies in its territory. Where a
Party accredits, approves, licenses, or otherwise recognises a
body assessing conformity with a specific technical regulation
or standard in its territory and refuses to accredit, approve,
license, or otherwise recognise a body assessing conformity
with that technical regulation or standard in the territory of
the other Party, it shall, on request of that other Party,
explain the reasons for its decision.

4. Where a
Party declines a request from the other Party to engage in
negotiations or conclude an agreement on facilitating
recognition in its territory of the results of conformity
assessment procedures conducted by bodies in the other
Party's territory, it shall, on request of that other
Party, explain the reasons for its decision.

Article
7.9:
Transparency

1. Each
Party shall allow persons of the other Party to participate in
the development of standards, technical regulations and
conformity assessment procedures on terms no less favourable
than those accorded to its own persons.

2. Each
Party shall recommend that non-governmental bodies in its
territory observe paragraph 1 in relation to the development of
standards and voluntary conformity assessment procedures.

3. The
Parties acknowledge the importance of transparency in
decision-making, including providing a meaningful opportunity
for persons to provide comments on proposed technical
regulations and conformity assessment procedures. Where a
Party publishes a notice under Article 2.9 or 5.6 of the TBT
Agreement, it shall:

(a) include in the
notice a statement describing the objective of the proposed
technical regulation or conformity assessment procedure and the
rationale for the approach the Party is proposing; and

(b) transmit the
proposal electronically to the other Party through the enquiry
point the Party has established under Article 10 of the TBT
Agreement at the same time as it notifies WTO Members of the
proposal pursuant to the TBT Agreement.

Each Party should allow at least 60 days after it transmits
a proposal under subparagraph (b) for the public and the other
Party to make comments in writing on the proposal.

4. Where a
Party makes a notification under Article 2.10 or 5.7 of the TBT
Agreement, it shall at the same time transmit the notification
to the other Party electronically through the enquiry point
referenced in subparagraph 3(b).

5. Each
Party shall publish, or otherwise make available to the public,
in print or electronically, its responses to significant
comments it receives under paragraph 3 no later than the date
it publishes the final technical regulation or conformity
assessment procedure.

6. On
request of the other Party, a Party shall provide the other
Party information regarding the objective of, and rationale
for, a standard, technical regulation or conformity assessment
procedure that the Party has adopted or is proposing to
adopt.

Article
7.10:
Committee on Technical Barriers to Trade

1. In order
to facilitate implementation of this Chapter and cooperation
between the Parties, the Parties hereby establish a Committee
on Technical Barriers to Trade, comprising representatives of
each Party.

2. For the
purposes of this Article, the Committee shall be coordinated by
("the Coordinators"):

(a) in the case of
Australia, the Department of Innovation, Industry, Science and
Research, or its successor; and

(b) in the case of
Chile, the General Directorate of International Economic
Affairs, Ministry of Foreign Affairs, or its successor.

3. The Committee's functions shall include:

(a) monitoring the implementation and administration of this
Chapter;

(b) promptly addressing any issue that a Party raises related to the
development, adoption, application, or enforcement of
standards, technical regulations or conformity assessment
procedures;

(c) enhancing cooperation in the development and improvement of standards,
technical regulations and conformity assessment procedures;

(d) exchanging information on standards, technical regulations and conformity
assessment procedures, in response to all reasonable requests
for such information from a Party;

(e) providing technical advice, information and assistance on mutually agreed
terms and conditions to enhance the Parties' standards,
technical regulations and conformity assessment procedures;

(f) conducting joint studies and holding seminars on mutually
agreed terms and conditions to enhance the Parties'
understanding of technical regulations, standards and
conformity assessment procedures;

(g) facilitating cooperation in the area of specific technical regulations by
referring enquiries from a Party to the appropriate regulatory
authorities;

(h) where appropriate, facilitating sectoral cooperation among
governmental and non-governmental conformity assessment bodies
in the Parties' territories;

(i) exchanging information on developments in non-governmental,
regional, and multilateral fora engaged in activities related
to standardisation, technical regulations and conformity
assessment procedures;

(j) taking any other steps the Parties consider will assist them in
implementing the TBT Agreement and in facilitating trade in
goods between them;

(k) at a Party's request, consulting on any matter arising under
this Chapter;

(l) reviewing this Chapter in light of any developments under the
TBT Agreement, and developing recommendations for amendments to
this Chapter in light of those developments; and

(m) as it considers
appropriate, reporting to the Joint FTA Committee on the
implementation of this Chapter.

4. Where the Parties have had recourse to consultations under paragraph 3(k)
such consultations shall, on the agreement of the Parties,
constitute consultations under Article 21.3 (Consultations -
Dispute Settlement Chapter).

5. A Party shall, on request, give favourable consideration to any
sector-specific proposal the other Party makes for further
cooperation under this Chapter.

6. The Coordinators shall communicate with each other by any agreed
method that is appropriate for the efficient and effective
discharge of their functions.

7. The Committee shall meet at such venues and times as may be agreed
by the Parties. Meetings may be held via teleconference,
videoconference, or through any other means, as mutually
determined by the Parties. By mutual agreement, ad
hoc working groups may be established, if necessary.

Article 7.11: Information Exchange

Any information or explanation that is provided on request
of a Party pursuant to the provisions of this Chapter shall be
provided in print or electronically within a reasonable period
of time.