Whereas,
Good Environmental Choice Australia Ltd (GECA) then known as
the Australian Environmental Labelling Association is a
non-profit organisation founded and operated under the
supervision of the stakeholder council of the organisation
with the purpose to contribute towards the realization of a
sustainable environment through market environmental
transparency, environmental research and study of industry
environmental stewardship, cleaner production and sustainable
consumption activities in Australia as well as abroad, to also
disseminate information on environmental impacts of
consumption activities , and to also promote sustainable
consumption in Australia as well as abroad through
certification and information dissemination on products which
have less adverse impact on the environment .
Whereas,
GECA
is the owner of the ecolabel identified as Good Environmental
Choice in Australia and is operating the Good Environmental
Choice Program in Australia .
Whereas,
suppliers of certain products that comply with Good
Environmental Choice products specific criteria and
requirements (the “Good Environmental Choice Criteria") may be
granted a license to use the Good Environmental Choice
Certification Mark in connection with such products;
Whereas,
Environment and Development Foundation (“EDF”) is a not-for-profit organisation founded with the purpose to promote
sustainable consumption in Taiwan as well as abroad through
certification and information dissemination on products which
have less adverse impact on the environment .
Whereas, the
Environmental Protection Administration, Taiwan is the owner
of its officially patented ecolabel identified as the Green
Mark and the Green Mark Program in Taiwan and EDF has been
authorized to manage and operate the Green Mark Program, which
includes also the right to use and sublicense use of the Green
Mark; and
Whereas,
suppliers of certain products that comply with the Green Mark
product specific criteria and requirements (the “ Green Mark
Criteria”) may be granted a license to use the Green Mark 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 supplement ed from time to time upon written mutual
agreement of the parties hereto ;
"
Ecolabel” refers to the graphic emblem or seal of the
ecolabelling program , which is used on or in
association with a product to acknowledge that product's
compliance with relevant criteria;
"
Ecolabelling program” refers to the Good
Environmental Choice Program in Australia or the Green Mark
Program in Taiwan ;
“License”
refers to a license under which the right to bear the
Good Environmental Choice Certification Mark or Green Mark on
a product is granted by GECA or EDF, as the case may be;
“ License
fee” means the fees paid to the licensing
organisation, including but not limited to annual fee,
marketing fee and certificate issuance fee;
“
Verification fee” means the fees paid to the
verification organisation, including but not limited to
document review and on-site audit fee s;
"Party”
means GECA or EDF;
"Product”
means any good s or service .
1.0
Scope:
Section
1.1 The scope of this agreement covers all current
and proposed aspects of the Good Environmental Choice Program
in Australia and Green Mark Program in Taiwan .
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 GECA recognizes and accepts EDF as a verifier on
behalf of Good Environmental Choice in Taiwan , and EDF
recognizes and accepts GECA as a verifier on behalf of Green
Mark in Australia .
Section
2. 3 GECA shall verify the compliance of the
applicant product seeking Green Mark in Australia in
accordance with the Green Mark Criteria and submit a
verification report and an endorsement letter to EDF, and EDF
shall verify the compliance of the applicant product seeking
Good Environmental Choice Certification Mark in Taiwan in
accordance with the Good Environmental Choice Criteria and
submit a verification report and an endorsement letter to
GECA.
3.0
License Application:
Section
3.1 GECA authorizes EDF to accept an application for
the license on behalf of GECA in Taiwan , and EDF authorizes
GECA to accept an application for the license on behalf of
EDF in Australia .
4.0
Granting License:
Section
4.1 If and when an application for the license is
submitted to GECA from EDF accompanied with a verification
report and an endorsement letter issued by EDF verifying the products is determined as having passed and satisfied the Good
Environmental Choice criteria, GECA shall, at its sole
discretion, grant the license to such products so long as
the products does not pose any particular reason for
rejection of the license and so far as it satisfies the Good
Environmental Choice Criteria.
Section
4.2 If and when an application for the license is
submitted to EDF from GECA accompanied with a verification
report and an endorsement letter issued by GECA verifying the
product is determined as having passed and satisfied the
Green Mark Criteria, EDF shall, at its sole discretion, grant
the license to such products so long as the products does
not pose any particular reason for rejection of the license
and so far as it satisfies the Green Mark Criteria.
5 .0
Warranty :
Section 5
.1 Each p arty warrants that the verification report
and endorsement letter as described above accompanying the
applications are true and correct .
Section
5.2 EDF shall, upon request of GECA , monitor and
audit the p roducts veri fied by EDF as having passed and
satisfied the Good Environmental Choice Criteria , and GECA
shall, upon request of EDF, monitor and audit the p roducts
veri fied by GECA as having passed and satisfied the Green
Mark Criteria.
Section
5.3 Each p arty will notify the other when the products certified through this agreement fall out of
compliance.
6.0
Consultation Section :
Section
6.1 Both p arties should meet, at least once every
two years, to evaluate the progress of this agreement and
share monitoring information .
7 .0 Free
Trade Barriers:
Section 7
.1 Measures are considered to be trade barriers when
they unfairly disadvantage or restrict the access of the
products into a foreign market, hence both parties agree to:
• 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;
• 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
• Incorporate
relevant guiding principles established by the International
Organisation of Standardization (ISO), the Global Eco
labelling Network (GEN), and the World Trade Organisation (WTO).
8 .0
Fees:
Section 8
.1 License fees are to be paid to, and collected by,
the party offering the ecolabel being sought by the
applicant.
Section 8
.2 License fees must be determined and charged in a
consistent and fair manner, which does not unjustly
discriminate against a foreign applicant.
Section 8
.3 Verification fees are to be determined by and
directly paid to the party who performs the relevant work.
9 .0 No
Authority to License Other Party's Eco Label :
Section 9
.1 Neither party has the authority to license the
use of the other party's ecolabel.
10 .0
Termination:
Section
10 .1 Termination upon Agreement Anniversary : This
agreement may be terminated upon the annual anniversary date
of this agreement by either p arty providing three (3) months
advance written notice of intent to the other p arty.
Section
10 .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
10 .3 Termination for Change in Status : This agreement will terminate if either party ceases to have the
authority to manage and operate the ecolabelling program.
11.0
Arbitration:
Section
11.1 Any claim, disputes or controversy arising
between the parties hereto out of or in connection with this
agreement, or breach thereof, which cannot be amicably settled
by the parties, shall be finally settled by arbitration in
accordance with the Rules of Arbitration of the International
Chamber of Commerce. The arbitration shall take place in
Canberra , Australia if GECA is the respondent and in Hsinchu
, Taiwan if EDF is the respondent. The award thereof shall be
final and binding upon the parties and judgment on such award
may be entered in any court or tribunal having jurisdiction
thereof.
12 .0 Miscellaneous
Provisions:
Section
12 .1 Notice : Any notice, communications or demand
given or made pursuant to this agreement shall be in writing
and sent by certified airmail , electronic mail or facsimile
telecommunications.
Section
12 .2 Term : This agreement comes into effect on the
date of execution, and remains effective until terminated
under the conditions identified in Sections 10 .1, 10 .2 or 10
.3.
Section 12 .3 Survival
: The termination of this agreement shall not
affect the survival and enforceability of any provision of
this agreement , which is expressly or impliedly intended to
remain in force after such termination.
