Article 5.19. Confidential Information
1. Any information which is by nature confidential or which is provided on a confidential basis shall, upon good cause being shown, be treated as confidential by the competent investigating authority. Such information shall not be disclosed without the permission of the interested party submitting it.
2. Interested parties providing confidential information are requested to furnish non-confidential summaries thereof or, if such parties indicate that the information cannot be summarised, the reasons therefor. The summaries shall be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. However, if the competent investigating authority finds that a request for confidentiality is not warranted and if the interested party concerned is either unwilling to make the information public or to authorise its disclosure in generalised or summary form, the competent investigating authority may disregard such information, unless it can be demonstrated to the satisfaction of that authority, in view of information from appropriate sources, that the information is correct.
Article 5.20. Hearings
In the course of each safeguard procedure, the competent investigating authority shall:
(a) hold a public hearing, after providing reasonable notice, to allow all interested parties and any representative consumer association to appear in person or to be represented by counsel in order to present evidence and to be heard regarding the alleged serious injury or threat thereof, and the appropriate remedy; or
(b) provide an opportunity to all interested parties to be heard if they have submitted, within the period laid down in the notice of initiation referred to in Article 5.17(4), a written request showing that they are likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally.
Article 5.21. Notifications, Examination In the Trade Committee and Publications
1. If a Party considers that one of the circumstances set out in Article 5.10(1) or 5.15(1) exists, it shall immediately refer the matter to the Trade Committee for examination. The Trade Committee may make any recommendation needed to remedy the circumstance which has arisen. If no recommendation has been made by the Trade Committee aimed at remedying the circumstance, or no other satisfactory solution has been reached within 30 days of the date on which the Party refers the matter to the Trade Committee, the importing Party may adopt appropriate bilateral safeguard measures to remedy the circumstance in accordance with this Section.
2. For the purposes of paragraph 1, the importing Party shall provide the exporting Party with all relevant information, including evidence of serious injury or threat thereof to domestic producers of the like and directly competitive good, caused by increased imports, a precise description of the good involved, and the proposed bilateral safeguard measure, its proposed date of imposition and expected duration.
3. The Party that adopts the bilateral safeguard measure shall publish its findings and reasoned conclusions reached on all pertinent issues of fact and law in the official journal of that Party, including the description of the imported good and the situation which has given rise to the imposition of measures in accordance with Article 5.10(1) or 5.15(1), the causal link between such situation and the increased imports, and the form, level and duration of the measures.
Article 5.22. Acceptance of Documents In English In Safeguard Procedures
In order to facilitate the submission of documents in safeguard procedures, the competent investigating authority of the Party in charge of the procedure shall accept documents submitted in English by interested parties, provided that those parties submit later, within a longer deadline set by the competent authority, a translation of the documents into the language of the safeguard procedure.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. Objectives
The objectives of this Chapter are:
(a) to safeguard human, animal and plant health in the territories of the Parties whilst facilitating trade in animals, animal products, plants, plant products and other products covered by sanitary and phytosanitary ("SPS") measures, between the Parties, by:
(i) improving transparency, communication and cooperation on SPS measures between the Parties;
(ii) establishing mechanisms and procedures for trade facilitation; and
(iii) further implementing the principles of the SPS Agreement;
(b) to cooperate in multilateral fora and on food safety, animal health and plant protection science;
(c) to cooperate on other sanitary or phytosanitary matters or in other fora.
Article 6.2. Multilateral Obligations
The Parties reaffirm their rights and obligations under the WTO Agreement and, in particular, the SPS Agreement. Those rights and obligations shall underpin the activities of the Parties under this Chapter.
Article 6.3. Scope
This Chapter applies to:
(a) all SPS measures as defined in Annex A to the SPS Agreement in so far as they affect trade between the Parties;
(b) cooperation in multilateral fora recognised in the framework of the SPS Agreement;
(c) cooperation on food safety, animal health and plant protection science; and
(d) cooperation on any other sanitary or phytosanitary matter in any other fora, as the Parties may agree.
Article 6.4. Definitions
For the purposes of this Chapter and Annexes 6-A to 6-H:
(a) the definitions in Annex A to the SPS Agreement, as well as those in the Codex Alimentarius, within the framework of the World Organisation for Animal Health and in the International Plant Protection Convention, done at Rome on 17 November 1997, apply; and
(b) "protected zone" means, for a specific regulated pest, an officially defined geographical part of the territory of a Party in which that pest is known not to be established in spite of favourable conditions and its presence in other parts of the territory of that Party.
Article 6.5. Competent Authorities
1. The competent authorities of the Parties are the authorities responsible for the implementation of the measures referred to in this Chapter, as set out in Annex 6-A.
2. In accordance with Article 6.12, the Parties shall inform each other of any significant changes in the structure, organisation or division of competences of their competent authorities.
Article 6.6. Recognition of Status In Respect of Animal Diseases and Infections In Animals, and In Respect of Pests
1. The following applies to status in respect of animal diseases and infections in animals, including zoonoses:
(a) the importing Party shall recognise for trade purposes the animal health status of the exporting Party or its regions, as determined by the exporting Party in accordance with subparagraph (a)(i) of paragraph 1 of Annex 6-C, in respect of the animal diseases specified in Appendix 6-B-1;
(b) where a Party considers that its territory or any of its regions has a special status in respect of a specific animal disease other than the animal diseases set out in Appendix 6-B-1, it may request recognition of that status in accordance with the criteria set out in paragraph 3 of Annex 6-C; the importing Party may require guarantees in respect of imports of live animals and animal products which are appropriate with regard to the agreed status of that Party;
(c) the Parties recognise that the status of the territories or regions, or the status of a sector or sub-sector of the Parties, related to the prevalence or incidence of an animal disease other than the animal diseases set out in Appendix 6-B-1, or of infections in animals, or their associated risk, as appropriate, as defined by the international standard-setting organisations recognised in the framework of the SPS Agreement, constitutes the basis of trade between them; the importing Party may, as appropriate, request guarantees in respect of imports of live animals and animal products which are appropriate with regard to the defined status of that Party in accordance with the recommendations of the standard-setting organisations; and
(d) without prejudice to Articles 6.9 and 6.15, and unless the importing Party raises an explicit objection and requests supportive or additional information, consultations or verification in accordance with Articles 6.11 and 6.14, each Party shall adopt, without undue delay, the legislative and administrative measures necessary to allow trade on the basis of subparagraphs (a), (b) and (c) of this paragraph.
2. The following applies to status in respect of pests:
(a) the Parties recognise for trade purposes the pest status in respect of the pests specified in Appendix 6-B-2; and
(b) without prejudice to Articles 6.9 and 6.15, and unless the importing Party raises an explicit objection and requests supportive or additional information, consultations or verification in accordance with Articles 6.11 and 6.14, each Party shall, without undue delay, take the legislative and administrative measures necessary to allow trade on the basis of subparagraph (a) of this paragraph.
Article 6.7. Recognition of Regionalisation Decisions In Respect of Animal Diseases and Infections In Animals and of Pests
1. The Parties recognise the concept of regionalisation, and shall apply it to trade between them.
2. Regionalisation decisions in respect of terrestrial and aquatic animal diseases listed in Appendix 6-B-1 and pests listed in Appendix 6-B-2 shall be adopted in accordance with Annex 6-C.
3. As regards animal diseases, and in accordance with Article 6.14, the exporting Party seeking recognition by the importing Party of a regionalisation decision shall notify its measures establishing regionalisation with a full explanation and supporting data for its determinations and decisions.
4. Without prejudice to Article 6.15, and unless the importing Party raises an explicit objection and requests additional information, consultations or verification in accordance with Articles 6.11 and 6.14 within 15 working days of the receipt of the regionalisation decision, the Parties shall consider that decision as accepted.
5. The consultations referred to in paragraph 4 of this Article shall take place in accordance with Article 6.14(2). The importing Party shall assess the additional information within 15 working days of the receipt of the additional information. The verification referred to in paragraph 4 of this Article shall be carried out in accordance with Article 6.11 and within 25 working days of the receipt of the request for verification.
6. As regards pests, each Party shall ensure that trade in plants, plant products and other products takes account of the pest status recognised by the other Party. The exporting Party seeking recognition of a regionalisation decision by the other Party shall notify the other Party of its measures and decisions, as guided by the relevant International Standards for Phytosanitary Measures of the Food and Agriculture Organisation of the United Nations ("FAO"), including 4 "Requirements for the establishment of pest free areas", 8 "Determination of pest status in an area", and other international standards for phytosanitary measures as the Parties deem appropriate. Without prejudice to Article 6.15, and unless a Party raises an explicit objection and requests additional information, consultations or verification in accordance with Articles 6.11 and 6.14 within three months of the receipt of the regionalisation decision, the Parties shall consider that decision as accepted.
7. The consultations referred to in paragraph 4 of this Article shall take place in accordance with Article 6.14(2). The importing Party shall assess any additional information within three months of the receipt of such additional information. Each Party shall carry out the verification referred to in paragraph 4 of this Article in accordance with Article 6.11 and within 12 months of the receipt of a request for verification, taking into account the biology of the pest and the crop concerned.
8. After finalisation of the procedures set out in paragraphs 2 to 7 of this Article, and without prejudice to Article 6.15, each Party shall, without undue delay, take the legislative and administrative measures necessary to allow trade on that basis.
Article 6.8. Recognition of Equivalence
1. The Parties may recognise equivalence in relation to an individual measure, a group of measures or systems applicable to a sector or sub-sector.
2. For the purpose of the recognition of equivalence, the Parties shall follow the consultation process referred to in paragraph 3. That process shall include an objective demonstration of equivalence by the exporting Party and an objective assessment of that demonstration by the importing Party with a view to the possible recognition of equivalence by the importing Party.
3. The Parties shall, within three months of the receipt by the importing Party of a request by the exporting Party for recognition of equivalence of one or more measures affecting one or more sectors or sub-sectors, initiate a consultation process which shall include the steps set out in Annex 6-E. In the event of multiple requests by the exporting Party, the Parties shall, on request of the importing Party, agree within the Sub-Committee referred to in Article 6.16 on a time schedule in accordance with which they shall initiate the process referred to in this paragraph.
4. Unless otherwise agreed, the importing Party shall finalise the assessment of equivalence, as set out in Annex 6-E, no later than 180 days after having received from the exporting Party its demonstration of equivalence as set out in that Annex. As an exception in the case of seasonal crops, it is justifiable to finalise the assessment of equivalence at a later time, if necessary in order to allow for the verification of phytosanitary measures during a suitable period of growth of a crop.
5. The priority sectors or sub-sectors of each Party for which a consultation process as referred to in paragraph 3 of this Article may be initiated, are to be set out, where appropriate in order of priority, in Appendix 6-E-1. The Sub-Committee referred to in Article 6.16 may recommend that the Trade Council amend that list, including the order of priority.
6. The importing Party may withdraw or suspend a recognition of equivalence on the basis of an amendment by one of the Parties of measures affecting the equivalence concerned, provided that the following procedures are followed:
(a) in accordance with Article 6.13, the exporting Party shall inform the importing Party of any proposed amendment to a measure of the exporting Party for which equivalence is recognised and the likely effect of the proposed amendment on that equivalence; within 30 working days of the receipt of that information, the importing Party shall inform the exporting Party whether that equivalence would continue to be recognised on the basis of the proposed amendment; and
(b) in accordance with Article 6.13, the importing Party shall inform the exporting Party of any proposed amendment to a measure of the importing Party on which a recognition of equivalence has been based and the likely effect of the proposed amendment on that recognition of equivalence; if the importing Party does not continue to recognise that equivalence, the Parties may jointly establish the conditions for reinitiating the process referred to in paragraph 3 of this Article on the basis of the proposed amendment.
7. Without prejudice to Article 6.15, the importing Party shall not withdraw or suspend a recognition of equivalence before the proposed amendment of either Party enters into force.
8. The recognition of equivalence, or the withdrawal or suspension of a recognition of equivalence, rests solely with the importing Party acting in accordance with its administrative and legislative framework including, as regards plants, plant products and other goods, appropriate communications in accordance with the FAO International Standard for Phytosanitary Measures 13 "Guidelines for the notification of non-compliances and emergency action" and other international standards for phytosanitary measures, as appropriate. The importing Party shall provide the exporting Party with a full explanation in writing and the supporting data in respect of the determinations and decisions covered by this Article. In case of non-recognition of equivalence, or withdrawal or suspension of a recognition of equivalence, the importing Party shall inform the exporting Party of the conditions for reinitiating the process referred to in paragraph 3.
Article 6.9. Transparency and Trade Conditions
1. The Parties shall apply general import conditions. Without prejudice to the decisions taken in accordance with Article 6.7, the import conditions of the importing Party shall be applicable to the territory of the exporting Party. In accordance with Article 6.13, the importing Party shall inform the exporting Party of its SPS import requirements. That information shall include, as appropriate, the models for any official certificates or attestations required by the importing Party.
2. Each Party shall, for the notification of amendments or proposed amendments to the conditions referred to in paragraph 1 of this Article, comply with Article 7 of and Annex B to the SPS Agreement and subsequent decisions adopted by the WTO Committee on Sanitary and Phytosanitary Measures. Without prejudice to Article 6.15, the importing Party shall take into account the transport time between the territories of the Parties when establishing the date of entry into force of any amendments to the conditions referred to in paragraph 1 of this Article.
3. If the importing Party fails to comply with the notification requirements referred to in paragraph 2, it shall continue to accept, for 30 days after the date of entry into force of the amendment concerned, any official certificate or attestation guaranteeing the import conditions applicable prior to that amendment.
4. When Chile grants market access to one or more sectors or sub-sectors of the European Union in accordance with the conditions referred to in paragraph 1, Chile shall approve any subsequent export requests submitted by the Member States on the basis of a comprehensive dossier of information available to the European Commission, known as the Country profile, unless Chile, in limited specific circumstances and when deemed appropriate, requests additional information.
5. Within 90 days of a recognition of equivalence in accordance with Article 6.8, a Party shall take the legislative and administrative measures necessary to implement that recognition of equivalence in order to allow trade between the Parties in sectors and sub-sectors in which the importing Party recognises all SPS measures of the exporting Party as equivalent. For the animals, animal products, plants, plant products and other products covered by the SPS measures concerned, the model for the official certificate or official document required by the importing Party may be replaced by a certificate as provided for in Annex 6-H.
6. For the products referred to in paragraph 5 in sectors or sub-sectors for which one or some but not all measures are recognised as equivalent, the Parties shall continue trade between them on the basis of compliance with the conditions referred to in paragraph 1. On request of the exporting Party, paragraph 7 shall apply.
7. For the purposes of this Chapter, the importing Party shall not subject imports of products of the other Party to import licences.
8. As regards general import conditions affecting trade between the Parties, the Parties shall, on request of the exporting Party, enter into consultations in accordance with Article 6.14, in order to establish alternative or additional import conditions of the importing Party. The Parties shall, if appropriate, base those alternative or additional import conditions on measures of the exporting Party recognised as equivalent by the importing Party. If the Parties agree on alternative or additional import conditions, the importing Party shall, within 90 days of their establishment, take the legislative or administrative measures necessary to allow imports on that basis.
9. As regards imports of animals, animal products, products of animal origin and animal by-products, the importing Party shall, on request of the exporting Party accompanied by the appropriate guarantees, approve, without prior inspection, and in accordance with Annex 6-D, establishments which are situated on the territory of the exporting Party. Unless the exporting Party requests additional information, the importing Party shall, within 30 working days of the receipt of the request for approval accompanied by the appropriate guarantees, take the legislative or administrative measures necessary to allow imports on that basis.
10. The initial list of establishments shall be approved by a Party in accordance with Annex 6-D.
11. On request of a Party, the other Party shall provide a full explanation and supporting data for the determinations and decisions covered by this Article.
Article 6.10. Certification Procedures
1. For the purposes of certification procedures, the Parties shall comply with the principles and criteria set out in Annex 6-H.
2. A Party shall issue the certificates or official documents referred to in paragraphs 1, 5 and 6 of Article 6.9 as set out in Annex 6-H.
3. The Sub-Committee referred to in Article 6.16 may recommend that the Trade Committee or Trade Council adopt a decision establishing rules to be followed in the case of electronic certification, or withdrawal or replacement of certificates.
Article 6.11. Verification
1. For the purposes of the effective implementation of this Chapter, each Party shall have the right:
(a) to carry out, in accordance with the guidelines set out in Annex 6-F, a verification of all or a part of the total control programme of the competent authorities of the other Party; the expenses of that verification shall be borne by the Party carrying out the verification;
(b) as from a date to be determined by the Parties, to request from the other Party all or a part of that Party's total control programme and a report concerning the results of the controls carried out under that programme; and
(c) for laboratory tests related to products of animal origin, to request the participation of the other Party in the periodical inter-comparative test programme for specific tests organised by the reference laboratory of the requesting Party; the costs related to that participation shall be borne by the participating Party.
2. Each Party may share the results and conclusions of its verifications with third countries and make them publicly available.
3. The Sub-Committee referred to in Article 6.16 may recommend that the Trade Council amends Annex 6-F, taking due account of relevant work carried out by international organisations.
4. The results of the verifications referred to in this Article may contribute to measures by a Party or the Parties referred to in Articles 6.6 to 6.9 and 6.12.
Article 6.12. Import Checks and Inspection Fees
1. Import checks conducted by the importing Party on consignments from the exporting Party shall respect the principles set out in Annex 6-G. The results of those checks may contribute to the verification process referred to in Article 6.11.
2. The frequency rates of physical import checks applied by each Party are set out in Annex 6-G. The Sub-Committee referred to in Article 6.16 may recommend that the Trade Council amend Annex 6-G.
3. A Party may deviate from the frequency rates set out in Annex 6-G, within its competences and in accordance with its laws and regulations, as a result of progress made in accordance with Articles 6.8 and 6.9, or as a result of verifications, consultations or other measures provided for in this Chapter.
4. Inspection fees shall not exceed the costs incurred by the competent authority for performing import checks and shall be equitable in relation to fees charged for the inspection of similar domestic products.
5. The importing Party shall inform the exporting Party of any amendment, including the reasons for that amendment, to the measures affecting import checks and inspection fees and of any significant changes in the administrative procedure for those checks.
6. For the products referred to in Article 6.9(5), the Parties may agree to reciprocally reduce the frequency of physical import checks.
7. The Sub-Committee may recommend to the Trade Council the conditions for approval of each Party's import checks with a view to adapting their frequency or replacing them, to be applicable as of a certain date. Those conditions shall be included in Annex 6-G by a decision of the Trade Council. As from that date, the Parties may approve each other's import checks for certain products with a view to reducing their frequency or replacing them.
Article 6.13. Information Exchange
1. The Parties shall exchange information relevant to the implementation of this Chapter on a systematic basis with a view to developing standards, providing assurance, engendering mutual confidence and demonstrating the effectiveness of the programmes controlled. If appropriate, the exchange of information may include exchange of officials.
2. The Parties shall also exchange information on other relevant topics, including:
(a) significant events concerning products covered by this Chapter, including the information exchange provided for in Articles 6.8 and 6.9;
(b) the results of the verification procedures provided for in Article 6.11;
(c) the results of the import checks provided for in Article 6.12 in the case of rejected or non- compliant consignments of animals and animal products;
(d) scientific opinions relevant to this Chapter and produced under the responsibility of a Party; and
(e) rapid alerts relevant to trade within the scope of this Chapter.
3. A Party shall submit scientific papers or data to the relevant scientific forum to substantiate any views or claims made in respect of a matter arising under this Chapter for evaluation in a timely manner. The results of that evaluation shall be made available to the Parties.
4. When the information referred to in this Article has been made available by a Party by notification to the WTO in accordance with Article 7 of and Annex B to the SPS Agreement, or on its official, publicly accessible and fee-free website, the information provided for in this Article shall be considered as exchanged.
5. For pests of known and immediate danger to a Party, direct communication to that Party shall be made by mail or e-mail. The Parties shall follow the guidance provided by the FAO International Standard for Phytosanitary Measures 17 "Pest reporting".
6. The Parties shall exchange the information referred to in this Article via e-mail, fax or mail.
Article 6.14. Notification and Consultations
1. A Party shall, within two working days of any serious or significant human, animal or plant health risk, including food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products, notify the other Party of that risk and in particular of the following:
(a) measures affecting regionalisation decisions as referred to in Articles 6.7;
(b) the presence or evolution of an animal disease or pest listed in Annex 6-B;
(c) findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annex 6-B, or which are new animal diseases or pests; and
(d) additional measures beyond the basic requirements of their respective measures taken to control or eradicate animal diseases or pests or to protect public health, and any changes in prophylactic policies, including vaccination policies.
2. Where a Party has serious concerns regarding a risk to human, animal or plant health, that Party may request consultations with the other Party regarding the situation. Those consultations shall take place as soon as possible and, in any case, within 13 working days of the request. In those consultations, each Party shall endeavour to provide all the information necessary to avoid a disruption in trade, and to reach a mutually acceptable solution consistent with the protection of human, animal or plant health.
3. A Party may request that the consultations referred to in paragraph 2 of this Article shall be held by video or audio conference. The requesting Party shall prepare the minutes of the consultations, which shall be subject to approval by the Parties. For the purposes of that approval, Article 6.13(6) applies.
Article 6.15. Safeguard Clause
1. If the exporting Party takes domestic measures to control a cause likely to constitute a serious risk to human, animal or plant health, that Party shall, without prejudice to paragraph 2, take equivalent measures to prevent the introduction of the risk into the territory of the importing Party.
2. The importing Party may, on the grounds of serious risk to human, animal or plant health, take provisional measures necessary for the protection of human, animal or plant health. For consignments that are in transport between the Parties when such provisional measures apply, the importing Party shall consider the most suitable and proportionate solution to avoid unnecessary disruptions to trade.
3. The Party taking measures as referred to in this Article shall notify the other Party thereof within one working day of the decision to implement those measures. Upon request of a Party and in accordance with Article 6.14(2), the Parties shall hold consultations regarding the situation within 13 working days of the notification. The Parties shall take due account of any information provided during those consultations and shall endeavour to avoid unnecessary disruptions to trade, considering, if applicable, the outcome of consultations under Article 6.14(2).
Article 6.16. Sub-Committee on Sanitary and Phytosanitary Measures
1. The Sub-Committee on Sanitary and Phytosanitary Measures ("Sub-Committee"), established pursuant to Article 33.4(1), shall be composed of representatives of the Parties with responsibility for SPS matters.
2. The Sub-Committee shall:
(a) monitor the implementation and consider matters relating to this Chapter, and examine all matters which may arise in relation to its implementation; and
(b) make recommendations to the Trade Council for amendments to Annexes pursuant to subparagraph (a) of Article 33.1(6), in particular in the light of progress made under the consultations and procedures provided for in this Chapter.
3. The Sub-Committee shall agree on the actions to take in pursuing the objectives of this Chapter. The Sub-Committee shall establish objectives and milestones for those actions. The Sub- Committee shall evaluate the results of those actions.
4. The Sub-Committee may recommend that the Trade Council or Trade Committee, pursuant to Article 33.4(2), establish technical working groups, as appropriate, consisting of expert-level representatives of each Party, which shall identify and address technical and scientific issues arising from the application of this Chapter.
5. The Sub-Committee may recommend that the Trade Council or Trade Committee adopt a decision on specific rules of procedures for this Sub-Committee in view of the specificity of SPS matters.
Article 6.17. Cooperation In Multilateral Fora
1. The Parties shall promote cooperation in multilateral fora relevant to SPS matters, in particular in international standard-setting organisations recognised in the framework of the SPS Agreement.
2. The Sub-Committee established in Article 6.16 shall be the relevant forum for exchange of information and cooperation on matters referred to in paragraph 1 of this Article.
Article 6.18. Cooperation on Food Safety, Animal Health and Plant Protection Science
1. The Parties shall endeavour to facilitate scientific cooperation between bodies of the Parties responsible for scientific evaluation in the areas of food safety, animal health and plant protection.
2. The Sub-Committee may recommend that the Trade Council or Trade Committee, pursuant to Article 33.4(2), establish a technical working group on scientific cooperation as referred to in paragraph 1 of this Article ("the working group"), consisting of expert-level representatives of the scientific bodies referred to in paragraph 1 of this Article, appointed by each Party.
3. The Trade Council or Trade Committee establishing the working group shall define the mandate, scope and work programme of that working group.
4. The working group may exchange information, including on:
(a) scientific and technical information; and
(b) data collection.
5. The work carried out by the working group shall not affect the independence of the national or regional agencies of each Party.
6. Each Party shall ensure that the representatives appointed pursuant to paragraph 2 are not affected by conflicts of interest under that Party's law.
Article 6.19. Territorial Application for the European Union
1. By way of derogation from Article 33.8, for the European Union this Chapter applies to the territories of Member States as laid down in Annex I to Regulation (EU) 2017/625 of the European Parliament and of the Council (1), and as regards plants, plant products and other goods, as laid down in Article 1(3) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (2).
2. The Parties understand that as regards the territory of the European Union, its specificity shall be taken into account and the European Union shall be recognised as a single entity.
Chapter 7. COOPERATION ON SUSTAINABLE FOOD SYSTEMS
Article 7.1. Objective
The objective of this Chapter is to establish close cooperation between the Parties to engage in the transition towards sustainability of their respective food systems. The Parties recognise the importance of strengthening policies and defining programmes that contribute to the development of sustainable, inclusive, healthy and resilient food systems and of the role of trade in pursuing that objective.