Between : Environment and Development Foundation of Room 102, Bldg. 53, 195, Section 4, Chung Hsing Rd., 310 Chutung, Hsinchu, ROC (Taiwan) (hereinafter referred to as "EDF") and Korea Environmental Labelling Association of 613-2, Bulgwang-Dong, Eunpyung-Gu, Seoul, Korea (hereinafter referred to as "KELA")
Whereas the Environmental Protection Administration of the Republic of China (ROC-EPA) is the owner of the Republic of China's (ROC's) ecolabelling program, the Green Mark Program-"GMP", and its officially patented ecolabel, the "Green Mark";
Whereas EDF has been authorized to manage and operate the GMP, which includes also the right to use and sublicense use of the Green Mark;
Whereas, pursuant to the Green Mark Program, suppliers of certain products that comply with the Green Mark product specific criteria and requirements may be eligible to use the Green Mark in connection with such products;
Whereas the Ministry of Environment of the Republic of Korea (ROK-MOE) is the owner of the Republic of Korea's (ROK's) ecolabelling program, the Environmental Labelling Program-"ELP", and its officially patented ecolabel, the "Environmental Label"
Whereas KELA has been authorized to manage and operate the ELP, which includes also the right to use and sublicense use of the Environmental Label
Whereas, pursuant to the Environmental Labelling Program, suppliers of certain products that comply with the Environmental Label product specific criteria and requirements may be eligible to use the Environmental Label in connection with such products;
In consideration of the parties' mutual desire to cooperatively promote and facilitate the production and marketing of products that are better for the environment, both parties agree as follows:
0.0 Definitions :
In this Agreement, "Agreement"means this agreement which may be amended or supplemented from time to time;
"Certification / Certified" conveys acceptance into an ecolabelling program of a product which is in compliance with relevant criteria and other requirements of the program. If the criteria are met and an agreement between the product supplier and the ecolabelling program is entered into, the product supplier's complying product may be represented as certified;
"Ecolabel" refers to an ecolabelling program's graphic emblem or seal, which is used on or in association with a product to acknowledge that product's compliance with relevant certification criteria;
"Ecolabelling program" refers to the Environmental Labelling Program in Korea or the Green Mark Program in ROC (Taiwan)
"First certifier"can be either party, but identifies the one which has first certified a supplier product and authorized use of that party's ecolabel on the certified product [contrast with second certifier];
"Participation Fee"means all the fees paid to the certification organization, including but not limited to application fee, certification fee and annual fee, etc.
"Party" means EDF or KELA
"Product" means a good, service, technology, event or facility, or other industry environmental initiative; and
"Second certifier"can be either party, but identifies the one which certifies a supplier product(s) which has/have already been certified by the other party (i.e. the "First certifier").
1.0 Scope :
Section 1.1 The scope of this Agreement is all current and proposed aspects of the GMP and ELP.
2.0 Recognition and Acceptance:
Section 2.1 Both parties recognize and accept the other party's operational system and procedures as transparent, open and credible.
Section 2.2 EDF recognizes and accepts KELA recommended testing laboratories in Korea as listed in Appendix II. However, the testing laboratories must be (1) Korea Laboratory Accreditation Scheme (KOLAS) accredited or (2) other well-known professional laboratories. KELA recognizes and accepts EDF recommended testing laboratories in ROC (Taiwan) as listed in Appendix I. However, the testing laboratories must be (1) Chinese National Laboratory Accreditation (CNLA) accredited or (2) other well-known professional laboratories. Appendix I and II attached to this agreement are the current lists in ROC (Taiwan) and in Korea respectively, and both of these are subject to change in the future.
Section 2.3 In case other testing laboratories not included Appendix I or Appendix II are required owing to the particular condition of testing and inspection, EDF or KELA may designate other adequate laboratories for that case by mutual consent.
Section 2.4 EDF recognizes and accepts KELA as the certification organization in Korea for GMP. KELA recognizes and accepts EDF as the certification organization in ROC (Taiwan) for ELP. However, the content of certification (including verification of documents and on-site audit) for each case of application shall be agreed upon by the other party first.
3.0 Obligations :
Section 3.1 Each party shall, as appropriate, monitor and audit products certified under its ecolabelling program.
Section 3.2 It is the obligation of each party to address complaints and appeals connected with products certified under its program.
Section 3.3 Both parties should meet, at least once per year, to evaluate the progress of this Agreement, share monitoring information, and update the schedules if necessary.
Section 3.4 Each party will notify the other when products certified through this Agreement fall out of compliance.
4.0 Free Trade Barriers :
Section 4.1 Measures are considered to be trade barriers when they unfairly disadvantage or restrict the access of products into a foreign market, hence both parties agree to:
(a) Ensure decision-making processes relating to criteria development, certification and authorization of product suppliers to use the appropriate ecolabel on their certified product(s), are transparent;
(b) Keep ecolabelling programs and relevant non-confidential information open and readily accessible to all applicants and other interested parties including both domestic and foreign companies; and
(c) Incorporate relevant guiding principles established by the International Organization of Standardization (ISO), the Global Ecolabelling Network (GEN), and the World Trade Organization (WTO).
5.0 Fees :
Section 5.1 Program participation fees are to be paid to, and collected by, the party offering the ecolabel being sought by a product certification applicant.
Section 5.2 Program participation fees must be determined and charged in a consistent and fair manner which does not unjustly discriminate against a foreign applicant.
Section 5.3 Certification (verification and audit) fees are to be directly paid tothe party who performs the relevant work.
6.0 Non-assignability of Sublicensing Rights :
Section 6.1 Neither party has the authority to sublicense the use of the other party's ecolabel.
7.0 Termination :
Section 7.1 Termination upon Agreement Anniversary: This Agreement may be terminated upon the annual anniversary date of this Agreement by either party providing three (3) months advance written notice of intent to the other party.
Section 7.2 Termination for Bankruptcy: This Agreement may be terminated by either party if the other party voluntarily enters into proceedings in bankruptcy or insolvency.
Section 7.3 Termination for Change in Status: This Agreement will terminate if either party ceases to have the authority to manage and operate an ecolabelling program.
8.0 Miscellaneous Provisions :
Section 8.1 Notice : Any notice, communications or demand given or made pursuant to this Agreement shall be in writing and sent by certified air mail or hard copied telecommunications.
Section 8.2 Term : This Agreement comes into effect on the date of execution, and remains effective until terminated under the conditions identified in Sections 7.1, 7.2 or 7.3.
Section 8.3 Survival : The termination of this Agreement shall not affect the survival and enforceability of any provision of this Agreement which is expressly or implicitly intended to remain in force after such termination.
Appendix I
List of CNLA Accredited Laboratories in ROC (Taiwan)
Chemical Test
1. The 7th Department, Bureau of Standards, Metrology and Inspection, MOEA Dimensional Calibration Laboratory
2. Aeronautical Systems Research Division, CSIST Aero Materials Department 3. System-Manufacturing Center, CSIST Chemical Testing Laboratory
4. Technology Development, ITRI Environmental Analysis Technology Department, Environmental Science & Technology Division
5. Union Chemical Laboratories, ITRI Chemical Analysis Department
6. China Engineering Consultants Inc., Technology Lab., Testing Center, CECI
7. Food Industry Research & Development Institute, Chemical Analytical Laboratory
8. Administration Government of the Republic of China 4th Division Southern Region Branch
9. Inspection Bureau, Environmental Protection Government of the Republic of China, 4th Division, Middle Region Branch
10. Technology Research Institute, Corrosion Prevention and Applied Electrochemistry Laboratory
11. Center Chemical Analysis Laboratory, Calibration, Measurement & Test Section Certification Services Dept.
12. Metal Industries Research & Development Center, Taichung Branch Chemical Testing Laboratory
13. SGS Taiwan Ltd. Chemical Laboratory
14. Tjing Ling Industrial Research Institute, N.T.U. Materials Testing Laboratory
15. National Institute of Animal Health, COA, EY Laboratory of Chemical Drugs Assay Research Department
Biological Test
1. The 7th Department, Bureau of Standards, Metrology and Inspection, MOEA Dimensional Calibration Laboratory
2. Bureau for Health, I-Lan County Government Health Laboratory
3. Development Center for Biotechnology, Toxicology Laboratory of Drug Development Division
4. Development Center for Biotechnology, Laboratory for Biodegradable Test of Materials
5. National Animal Industry Foundation, Ping-Tung Laboratory
6. Taiwan Livestock Research Institute (TLRI) Feed Analysis Center
Mechanical Test
1. The 7th Department, Bureau of Standards, Metrology and Inspection, MOEA Dimensional Calibration Laboratory
2. Aeronautical Systems Research Division, CSIST Aero-Materials Department
3. System Manufacturing Center, CSIST Mechanical Testing Laboratory
4. The 2nd Division, CSIST Tool-Machine Inspective Laboratory
5. Center for Aviation & Space Technology, ITRI QA& Testing/Inspection Piv.
6. Energy & Resources Laboratories, ITRI Laboratory of Geological Mechanics
7. Materials Research Laboratories, ITRI Metallic Devices for Electronics Lab.
8. Mechanical Industry Research Laboratories, ITRI Mechanical Properties Testing laboratory
9. Jing Ling Industrial Research Institute, N.T.U. Materials Testing Laboratory
10. Metal Industries Research & Development Center Mechanical Properties Testing Laboratory, Calibration, Inspection & Measurement Division, Certification Service Department
11. National Chiao Tung University, Material Laboratory of Department of Civil Engineering
12. National Tsing Hua Univ., Dept. Materials Science and Engineering, Materials Testing Laboratory
13. Plastics Industry Development Center, Mechanical Testing Laboratory
14. Precision Machinery Research & Development Center, Machine-Tool Inspection Laboratory
15. Second Division, Chung Shan Institute of Science and Technology, Mechanical Testing Laboratory
16. SGS Taiwan Ltd. Material & Engineering Laboratory
17. Taiwan Bicycle Industry R&D Center, Materials Analysis Laboratory
18. Tjing Ling Industrial Research Institute, Metrology Laboratory
Electrical Test
1. Chung Shan Institute of Science & Technology, Electronic Systems Division, Quality Assurance Section, Electronic Components Laboratory
2. Electric-Electronic & Environmental Technology Development Association of R.O.C. Laboratory
3. Electronic Division, CSIST EMC Lab., CSIST
4. Electronics Research & Service Organization, ITRI Components Reliability Laboratory, Q.A. Testing Service Department, Q.A. Engineering Division
5. Electronics Research & Service Organization, ITRI EMC Laboratory
6. Energy & Resources Laboratories, ITRI Battery Testing Laboratories
7. Energy & Resources Laboratories, ITRI Lighting Test and Evaluation Laboratory
8. Electronics Testing Center, Taiwan Electromagnetic Compatibility Testing Department
9. SGS Taiwan Ltd. EMC Services
10. Taiwan Electric Research & Testing Center, High Power Laboratory
Appendix II
List of KELA Recommended Laboratories in Korea
Accredited by KOLAS
1. Korea Testing & Research Institute for Chemical Industry
2. Korea Electric Testing Institute
3. Korea Merchandise Testing & Research Institute
4. Korea Institute of Construction Materials
5. Korea Institute of Construction Technology
6. Korea Machinery Meter & Petrochemical Testing & Research Institute
7. Korea Petroleum Quality Inspection Institute
8. Korea Apparel Testing and Research Institute
9. FITI Testing & Research Institute
10. Korea Elevator Safety Institute
Governmental Testing & Inspection
11. Korea Consumer Protection Board
12. Korean Agency for Technology and Standards
13. Regional Small & Medium Business Administrations (11)
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