Right to Establish Standards and Standards-Related Measures

4. For greater certainty, a Party may, in accordance with this Agreement, adopt or maintain any standard or standards-related measure to achieve a legitimate objective and may, in pursuing that objective, establish the level of protection that it considers to be appropriate.

5. For greater certainty, with respect to the application of Article 404(c), each Party shall, in ensuring that any standard or standards-related measure that it adopts or maintains is not more trade restrictive than necessary to achieve a legitimate objective, take into account the risks that non-fulfilment of that legitimate objective would create and ensure proportionality between the trade restrictiveness of the standard or standards-related measure and those risks.

6. Each Party shall, in pursuing a legitimate objective, ensure that it acts consistently when addressing comparable situations.

7. Each Party shall, where appropriate and to the extent practicable, specify standards in terms of performance or competence.

8. Each Party shall ensure that its standards and standards-related measures have a scientific, factual or other reasonable basis and that, where appropriate, such standards and standards-related measures are based on an assessment of risk.