(a) the sanitary and phytosanitary requirements that apply for the import of specific products;
(b) the status of the Party's application; and
(c) the procedures for the authorisation of specific products.
5. Unless urgent problems of human, animal or plant life or health protection arise or threaten to arise, or the measure is of a trade-facilitating nature, the Party proposing a sanitary or phytosanitary measure shall normally allow at leasf 60 days for the other Party to provide written comments on the proposed measure after it makes a notification under paragraph 2. If feasible and appropriate, the Party proposing the measure should allow more than 60 days. The Party shall consider any reasonable request from the other Party to extend the comment period. On request of the other Party, the Party proposing the measure shall respond to the written comments of the other Party in an appropriate manner.
6. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with the other Party, on request, and if appropriate and feasible, any scientific or trade concerns that the other Party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the objective of the measure.
7. The Parties encourage the publication, by electronic means, in an official journal or on a website, the proposed sanitary or phytosanitary measure notified under paragraph 3, and the legal basis for the measure.
8. Each Party shall notify the other Party of final sanitary or phytosanitary measures through the WTO Sanitary and Phytosanitary Measures Notification Submission System. Each Party shall ensure that the text or the notice of a final sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure. Each Party shall publish, preferably by electronic means, notices of final sanitary or phytosanitary measures in an official journal or website.
9. An exporting Party shall notify the importing Party through the contact points referred to in Article 4.13 (Contact Points and Competent Authorities) in a timely and appropriate manner:
(a) if it has identified significant sanitary or phytosanitary risk related to the export of a good from its territory going to the importing Party;
(b) of urgent situations where a change in animal or plant health status in the territory of the exporting Party may affect current trade;
(c) of significant changes in the status of a regionalised pest or disease;
(d) of new scientific findings of importance which affect the regulatory response with respect to food safety, pests or diseases; or
(e) of significant changes in food safety, pest or disease management, control or eradication policies or practices that may affect current trade.
10. Each Party shall provide within a reasonable period of time, appropriate information to the other Party through the contact points established under Article 4.13 (Contact Points and Competent Authorities) or already established communication channels of the Parties, when:
(a) there is significant or recurring sanitary or phytosanitary noncompliance associated with an exported consignment identified by the importing Party; and
(b) a sanitary or phytosanitary measure adopted provisionally against or affecting the export of the other Party is considered necessary to protect human, animal or plant life or health within the importing Party.
11. A Party shall provide to the other Party, on request, all sanitary or phytosanitary measures related to the importation of a good into that Party's territory in the English language.
Article 4.11 Cooperation and Capacity Building
1. Both Parties shall explore opportunities for further cooperation between them, including capacity building, technical assistance, collaboration, and information exchange on sanitary and phytosanitary matters of mutual interest, consistent with the provisions of this Chapter.
2. In undertaking cooperative activities, both Parties shall endeavour to coordinate with bilateral, regional or multilateral work programmes with the objective of avoiding unnecessary duplications and eliminating unnecessary obstacles to trade between the Parties and maximising the use of resources.
3. If there is mutual interest and with the objective of establishing a common scientific foundation for each Party's regulatory approach, the competent authorities of the Parties are encouraged to:
(a) share best practices; and
(b) cooperate on joint scientific data collection.
Article 4.12 Technical Discussions
1. Where a Party considers that a sanitary or phytosanitary measure is affecting its trade with the other Party, it may, through the contact points or through other established communication channels, request a detailed explanation of the sanitary or phytosanitary measures including the scientific basis of the measure. The other Party shall respond promptly to any request for such explanation.
2. A Party shall notify the other Party of an emergency measure under this Chapter immediately after adopting its decision to implement the measure. If a Party requests technical discussion to address the emergency SPS measure, the technical discussion must be held within 10 days of the notification of the emergency measure. The Parties shall consider any information provided through the technical discussion.
3. A Party may request to hold technical discussions with the other Party in an attempt to resolve any concerns on specific issues arising from the application of the sanitary and phytosanitary measure. The requested Party shall respond promptly to any reasonable request for such consultation.
4. Where a Party requests technical discussion, such discussion shall take place as soon as practicable, unless the Parties agree otherwise.
5. The technical discussions may be conducted via teleconference, videoconference, or through any other means as the Parties mutually agree.
6. Such technical discussions are withoL:Jt prejudice to the rights and obligations of the Parties under Chapter 13 (Dispute Settlement).
Article 4.13
Contact Points and Competent Authorities
1. Upon entry into force of this Agreement, each Party shall:
(a) designate a contact point or contact points to facilitate communication on matters covered under this Chapter;
(b) inform the other Party of a contact point or contact points; and
(c) when more than one contact point is designated, specify a contact point that serves as the focal point to respond to enquiries by the other Party about the appropriate contact point with which to communicate.
2. A Party shall provide the other Party, through the contact point or contact points, a description of its competent authorities and their division of functions and responsibilities.
3. Both Parties shall notify each other of any changes to the contact points and significant changes in the structure, organisation and division of responsibility within its competent authorities.
4. Both Parties recognise the importance of the competent authorities in the implementation of this Chapter. Accordingly, the competent authorities of the Parties may cooperate with each other on matters covered by this Chapter in a manner the Parties mutually agree.
Article 4.14 Subcommittee on SPS Measures
1. The Parties hereby establish a Subcommittee on Sanitary and Phytosanitary Measures (SPS Subcommittee) under the CTG, consisting of representatives of each P-arty's competent authorities.
2. The SPS Subcommittee shall meet within one year from the date of entry into force of this Agreement, and thereafter, at such venues and time-period as the Parties mutually determine.
3. The functions of the SPS Subcommittee shall be to:
(a) consider any sanitary and phytosanitary matters of mutual interest;
(b) coordinate cooperation pursuant to Article 4.11 (Cooperation and Capacity Building) and identify mutually agreed priority sectors for enhanced cooperation;
(c) monitor the implementation and operation of this Chapter;
(d) encourage the Parties to share their experiences regarding the implementation of this Chapter; and
(e) facilitate technical discussions.
4. Meetings may occur in person, by teleconference, by video conference, or through any other means as determined by .the Parties.
Article 4.15 Annex
1. The agreed text of Annex on Export Inspection Council Certification to Chapter 4 on Sanitary and Phytosanitary Measures is placed in Annex 4A.
2. The Parties shall, through mutual agreement, extend recognition of certification requirements for products issued by the competent authorities of Oman and India, as may be established for this purpose, in compliance with the regulatory requirements of the importing Party, to facilitate trade between them. The Parties, subject to their respective laws and regulations, shall commit to enter into a mutual recognition arrangement within 6 months from the date of signature of this Agreement or from the receipt of an official request letter, whichever is later, unless otherwise agreed.
3. Nothing in this Chapter prevents the Parties to request for such mutual recognition arrangements, whenever required, to facilitate trade between the Parties. Any such arrangements, once agreed upon between the Parties, shall form part of subsequent Annexes under this Chapter.
Chapter 5. TECHNICAL BARRIERS TO TRADE
Article 5.1 Definitions
1. For the purposes of this Chapter, the terms and their definitions set out in Annex 1 of the TBT Agreement shall apply.
2. "TBT Agreement"means Agreement on Technical Barriers to Trade, set out in Annex 1A to the wro Agreement.
Article 5.2 Objectives
1. The objectives of this Chapter are to facilitate trade in goods between the Parties by:
(a) ensuring that standards, technical regulations and conformity assessment procedures do not create unnecessary obstacles to trade;
(b) furthering cooperation pursuant to the TBT Agreement, promoting mutual understanding of each Party's standards, technical regulations and conformity assessment procedures, and enhancing transparency;
(c) facilitating information exchange and cooperation between the Parties in the field of standards, technical regulations and conformity assessment procedures, including the work of relevant international bodies; and
(d) addressing the issues that may arise under this Chapter.
Article 5.3 Scope
1. This Chapter shall apply to the standards, technical regulations and conformity assessment procedures that may affect trade in goods between the Parties. The Chapter shall not apply to:
(a) sanitary and phytosanitary measures which are covered in Chapter 4 (Sanitary and Phytosanitary Measures) of this Agreement; and
(b) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies.
2. Without prejudice to paragraph 1, this Chapter shall apply to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures by central government bodies, and where explicitly provided for in this Agreement, government bodies at the level directly below that of the central level of government that may affect trade in goods between the Parties.
3. All references in this Chapter to standards, technical regulations and conformity assessment procedures shall be construed to include any amendments to them and any addition to the rules or the product coverage of those standards, technical regulations and conformity assessment procedures, except amendments and additions of an insignificant nature.
4. Each Party shall take such reasonable measures that are within its authority to encourage observance by local government bodies, as the case may be, on the level directly below that of the central level of government within its territory which are responsible for the preparation, adoption, and application of standards, technical regulations and conformity assessment procedures, of Articles 5.5 (Standards) and 5.7 (Conformity Assessment Procedures).
5. For greater certainty, nothing in this Chapter shall prevent a Party from preparing, adopting, applying or maintaining standards, technical regulations or conformity assessment procedures in accordance with its rights and obligations under this Agreement, the TBT Agreement, and any other relevant international agreement.
Article 5.4
Affirmation and Incorporation of the TBT Agreement
1. The Parties affirm their rights and obligations under the TBT Agreement, and the following provisions of the TBT Agreement are incorporated into and form part of this Agreement, mutatis mutandis:
(a) Article 2;
(b) Article 3;
(c) Article 4.1;
(d) Article 5;
(e) Article 6.1, 6.3; and
(f) Annex 3, except paragraph A.
2. In the event of any inconsistency between the provisions of the TBT Agreement incorporated under this Article and other provisions of this Chapter, the latter shall prevail.
3. Neither Party shall have recourse to dispute settlement under Chapter 13 (Dispute Settlement) for a dispute that exclusively alleges a violation of the provisions of the TBT Agreement incorporated under this paragraph.
Article 5.5 Standards
1. The Parties recognise the important role that international standards, guides and recommendations can play in harmonising technical regulations, conformity assessment procedures and national standards, and in reducing unnecessary barriers to trade.
2. To determine whether there is an international standard, guide or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, each Party shall apply the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2 and 5 and Annex 3 of the TBT Agreement (G!TBT19, 13 November 2000, Annex 4), and subsequent relevant decisions and recommendations in this regard, adopted by the \NTO Committee on Technical Barriers to Trade (\NTO TBT Committee).
3. Each Party shall ensure that its standardising body or bodies, while formulating national standards, shall ensure that such standards are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade.
4. Where modifications to the contents or structure of the relevant international standards were necessary in developing a Party's national standards, that Party_shall, on request of the other Party, encourage its standardising body or bodies to provide information about the differences in the contents and structure, and the reason for those differences. Any fees charged for this service shall, apart from the real cost of delivery, be the same for foreign and domestic persons.
5. The Parties shall cooperate with each other to ensure that international standards, guides and recommendations that are likely to become a basis for technical regulations and conformity assessment procedures do not create unnecessary obstacles to international trade.
6. Each Party shall encourage the standardising body or bodies in its territory to cooperate with the standardising body or bodies of the other Party including:
(a) exchange of information on standards;
(b) exchange of information relating to standard setting procedures; and
(c) cooperation in the work of international standardising bodies in areas of mutual interest.
7. The Parties shall, where appropriate, strengthen coordination and communication with each other in the context of discussion on international standards and related issues in other international fora, such as the WTO TBT Committee.
Article 5.6 Technical Regulations
1. Each Party shall prepare, adopt and apply its technical regulations in accordance with Article 2 of the TBT Agreement and ensure adherence to Article 3 of the TBT Agreement.
2. Each Party shall use relevant international standards to the extent provided in paragraph 4 of Article 2 of the TBT Agreement, as a basis for its technical regulations. Where a Party does not use such international standards, or their relevant parts, as a basis for its technical regulations and these may have an effect on trade of the other Party, it shall, upon request of the other Party, explain the reasons therefor. The explanation shall make every effort to address why the standard has been judged inappropriate or ineffective for the objective pursued. Where the Party considers that the technical explanation provided is not satisfactory, both Parties shall enter into technical discussions that will take place as expeditiously as possible to arrive at a mutually satisfactory understanding.
3. In implementing Article 2.2 of the TBT Agreement, each Party shall consider available alternatives in order to ensure that any proposed technical regulations to be adopted are not more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risk non-fulfilment would create.
4. 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 own regulations.
5. In addition to Article 2.7 of the TBT Agreement, a Party shall, on request of the other Party,1 provide the reasons why it has not accepted, or cannot accept, a technical regulation of that Party as equivalent to its own. The Party to which the request is made should provide its response within a reasonable period of time.
6. Each Party shall uniformly and consistently apply its technical regulations that are prepared and adopted by its central government bodies to its territory. For greater certainty, nothing in this paragraph shall be construed to prevent local government bodies from preparing, adopting and applying additional technical regulations in a manner consistent with the provisions of the TBT Agreement.
7. Except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, Parties shall allow a reasonable interval between the publication of technical regulations and their entry into force in order to provide sufficient time for producers in exporting Party to adapt their products or methods of production to the requirements of importing Party.
8. At the request of a Party that has an interest in developing a technical regulation similar to a technical regulation of the other Party, such other Party shall endeavour to provide, to the extent practicable, relevant information, including studies or documents, except for confidential information, on which it has relied in its development.
9. Consistent with the obligations of the TBT Agreement, incorporated by Article 5.4 (Affirmation and Incorporation of the TBT Agreement), each Party shall ensure that its technical regulations concerning labels:
(a) accord treatment no less favourable than that accorded to like goods of national origin; and
(b) do not create unnecessary obstacles to trade between the Parties.
1 The Party's request should identify with precision the respective technical regulations it considers to be equivalent and any data or evidence that supports its position.
Article 5.7
Conformity Assessment Procedures
1. In cases where a positive assurance is required that products conform with technical regulations or standards, and relevant international standards, guides or recommendations issued by international standardising bodies exist or their completion is imminent, each Party shall ensure that central government bodies use them or the relevant parts of them as a basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards, guides or recommendations or relevant parts are inappropriate for the Party concerned, for reasons such as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems.
2. Procedures for assessment of conformity by central government bodies of each Patty shall be in accordance with Articles of the TBT Agreement.
3. Each Party shall ensure, whenever possible, that results of the conformity assessment procedures in the other Party are accepted, even when those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.
4. A Party shall, upon request of the other Party, explain its reasons for not accepting the results of a conformity assessment procedure conducted in the other Party. Each Party recognises that a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment procedures conducted in the other Party. Such mechanisms may include:
(a) mutµal recognition agreements for the results of conformity assessment procedures conducted by bodies in the Parties;
(b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the Parties;
(c) use·of accreditation to qualify conformity assessment bodies, including through relevant multilateral • agreements or arrangements to recognise the accreditation granted by the other Party;
(d) designation of conformity assessment bodies in the other Party;
(e) unilateral recognition by a Party, of results of conformity assessment procedures conducted in the other Party; and
(f) manufacturer's or supplier's declaration of conformity.
5. Upon reasonable request, the Parties shall exchange information or share experiences on the mechanisms referred to in paragraph 4, with a view to facilitating the acceptance of the results of conformity assessment procedures.
6. Each Party shall, if it considers appropriate, permit participation of conformity assessment bodies in the other Party, in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in that Party.
7. Where a Party permits participation of its conformity assessment bodies and does not permit participation of conformity assessment bodies in the other Party in its conformity assessment procedures, it shall, upon written request of that Party, explain the reason for its refusal in writing.
8. The Parties recognise the important role that relevant regional or international organisations can play in cooperation in the area of conformity assessment. In this regard, each Party shall take into consideration the participation status or membership in such organisations of relevant bodies in the Parties in facilitating this cooperation.
9. The Parties agree to encourage cooperation between their relevant conformity assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment results between the Parties.
Article 5.8 Cooperation
1. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation and metrology, with a view to facilitating trade.
2. Each Party shall, upon request of the other Party, give positive consideration to proposals for cooperation on matters of mutual interest on standards, technical regulations and conformity assessment procedures.
3. Such cooperation, which shall be on terms and conditions the Parties mutually determine, may include:
(a) advice, technical assistance or capacity building relating to the development and application of standards, technical regulations and conformity assessment procedures;
(b) cooperation between conformity assessment bodies, both governmental and non-governmental, in the Parties on matters of mutual interest;
(c) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures, such as enhancing participation in the frameworks for mutual recognition developed by relevant regional and international bodies;
(d) enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;
(e) strengthening communication and coordination in the WTO TBT Committee and other relevant international,or regional fora;
(f) greater alignment of national standards with relevant international standards, except where such international standards are inappropriate or ineffective;
(g) facilitation of the greater use of relevant international standards, guides and recommendations as the basis for technical regulations and conformity assessment procedures; and
(h) promotion of the acceptance of technical regulations of the other Party as equivalent.
4. Each Party shall, upon request of the other Party, give due consideration for cooperation in areas of mutual interest under this Chapter.
Article 5.9
Information Exchange and Technical Discussions
1. A Party may request in writing that the other Party provide information on any matter arising under this Chapter. A Party receiving a written request in the English language under this paragraph shall provide that information within a reasonable period of time and, if possible, by electronic means.
2. When a Party considers the need to resolve an issue under the provisions of this Chapter, it may request, in writing, to hold technical discussions with the other Party. The requested Party shall respond as early as possible to such a request.
3. The Parties shall discuss the matter raised within 60 days after the date of the request. If the requesting Party considers that the matter is urgent, it may request that any discussion take place within a shorter time frame. The Parties shall attempt to obtain satisfactory resolution of the matter as expeditiously as possible, recognising that the time required to resolve a matter will depend on a variety of factors, and that it may not be possible to resolve every matter through technical discussions.
4. Requests for information or technical discussions and communications shall be conveyed through the respective contact points designated pursuant to Article 5.11 (Contact Points).
5. Unless the Parties agree otherwise, the discussions and any information exchanged in the course of the discussions shall be confidential and without prejudice to the rights and obligations of the participating Parties under this Agreement, the WTO Agreement or any other agreement to which both Parties are party.
6. The Parties understand and agree that this Article is without prejudice to the rights and obligations of the Parties under Chapter 13 (Dispute Settlement).
Article 5.10 Transparency
1. The Parties recognise the importance of the provisions relating to transparency in the TBT Agreement. In this respect, the Parties shall take into account relevant Decisions and Recommendations adopted by the WTO TBT Committee.
2. Upon request, a Party shall provide, if already available, the full text or summary of its notified technical regulations and conformity assessment procedures in the English language. If unavailable, that Party shall provide a summary stating the requirements of the notified technical regulations and conformity assessment procedures to the requesting Party in the English language, within a reasonable period of time agreed between the Parties and, if possible, within 30 days after receiving the written request. In implementing the preceding sentence, the contents of the summary shall be determined by the responding Party.
3. Each Party shall, on request of the other Party, provide information regarding the objectives of, and rationale for, a technical regulation or conformity assessment procedure that Party has adopted or is proposing to adopt.
4. Each Party shall normally allow 60 days from the date of notification to the WTO in accordance with Articles 2.9 and 5.6 of the TBT Agreement for the other Party to present comments in writing, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise.
5. Each Party shall take the comments of the other Party into account and shall endeavour to provide responses to these comments upon request.