1. Upon the entry into force of this Agreement, each party shall inform its competent authority(ies) and contact point(s) to facilitate communication on matters covered by this Chapter and promptly notify the other Party no later than 30 days from the entry into force of the Agreement.
2. Each Party shall keep the information on contact points and Competent Authorities up to date and shall promptly inform the other Party of any change.
Article 5.6. Committee on Sanitary and Phytosanitary Measures
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Sanitary and Phytosanitary Measures (the Committee), composed of government representatives of each Party responsible for sanitary and phytosanitary matters. The Committee shall work subject to the direction of the Joint Committee.
2. The objectives of the Committee are to:
(a) enhance each Party's implementation of this Chapter;
(b) consider sanitary and phytosanitary matters of mutual interest; and
(c) enhance communication and cooperation on sanitary and phytosanitary matters.
3. The Committee is intended to serve as a forum to:
(a) improve the Parties' understanding of sanitary and phytosanitary issues that relate to the implementation of the SPS Agreement and this Chapter;
(b) enhance mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;
(c) exchange information on the implementation of this Chapter; and
(d) share information on a sanitary or phytosanitary issue that has arisen between them.
4. The Committee shall establish its terms of reference at its first meeting and may revise those terms as needed, as shall thereafter meet as needed at its own discretion or at the direction of the Joint Committee.
5. If a Party considers that there is a disruption to trade on sanitary and phytosanitary grounds, it may request technical consultations through the Committee on an urgent basis with a view to facilitating trade. On receiving a request under this paragraph, the other Party will endeavour to provide any requested information and respond to questions pertaining to the matter, and if requested, enter into consultations within a reasonable period of time after receiving such a request. The Parties shall make every effort to reach a mutually satisfactory resolution through consultations within a period of time agreed upon by the Parties.
Article 5.7. Equivalence
1. The Parties recognise that the principle of equivalence as provided for under Article 4 of the SPS Agreement, has mutual benefits for both exporting and importing countries.
2. The Parties shall follow the procedures for determining the equivalence of SPS measures and standards developed by the WTO Committee on Sanitary and Phytosanitary Measures (SPS Committee) and relevant international standard setting bodies in accordance with Annex A of the SPS Agreement, mutatis mutandis.
3. Compliance by an exported product that has been accepted as equivalent to SPS measures and standards of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party.
Article 5.8. Risk Assessment
When the import requirements include an assessment of risk, the importing Party shall initiate the assessment in a timely manner and, without prejudice to the duration of the process, shall inform the exporting Party on the estimated period of time needed for such assessment. Technical justification shall be given in case the assessment takes longer. The exporting Party shall send information upon request to the importing Party to support the risk assessment, and the importing Party shall, as appropriate, use this information for the risk assessment process.
Article 5.9. Adaptation to the Regional Conditions
The Parties will develop procedures, as needed, taking into account guidelines of the SPS Committee, the International Plant Protection Convention (IPPC), the World Organization for Animal Health (OIE), and Codex Alimentarius for the recognition of:
(a) pest or disease-free areas;
(b) areas of low pest or disease prevalence; and
(c) pest or disease-free production sites and/or compartments.
Article 5.10. Emergency Measures
1. If a Party adopts an emergency measure that is necessary for the protection of human, animal, or plant life or health, the Party shall promptly notify the other Party of that measure through the relevant contact points and Competent Authorities referred to in Article 5.5. The importing Party shall take into consideration any information provided by the other Party in response to the notification.
2. If a Party adopts an emergency measure, it shall review the scientific basis of that measure within six months and make available the results of the review to the other Party on request. If the emergency measure is maintained after the review, because the reason for its adoption remains, the Party should review the measure periodically.
Article 5.11. Transparency
1. The Parties recognise the value of transparency in the adoption and application of sanitary and phytosanitary measures and the importance of sharing information about such measures on an ongoing basis.
2. In implementing this Section, each Party should take into account relevant guidance of the SPS Committee and international standards, guidelines, and recommendations.
3. Each Party agrees to notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of the other Party, including any that conforms to international standards, guidelines, or recommendations, by using the WTO SPS notification submission system as a means of notification.
4. 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 least 60 days for the other Party to provide written comments on the proposed measure, other than proposed legislation, after it makes a notification under paragraph 3. 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.
5. 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
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.
6. 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, and the written comments or a summary of the written comments that the Party has received from the public on the measure.
7. Each Party shall notify the other Party of final sanitary or phytosanitary measures through the WTO SPS 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.
8. An exporting Party shall notify the importing Party through the contact points referred to in Article 5.5 in a timely and appropriate manner:
(a) if it has knowledge of a significant sanitary or phytosanitary risk related to the export of a good from its territory;
(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; and
(e) of significant changes in food safety, pest or disease management, control or eradication policies, or practices that may affect current trade.
9. 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.
Article 5.12. Cooperation
1. The Parties shall explore opportunities for further cooperation, collaboration, and information exchange between the Parties on sanitary and phytosanitary matters of mutual interest, consistent with this Chapter. Those opportunities may include trade facilitation initiatives and technical assistance. The Parties shall cooperate to facilitate the implementation of this Chapter.
2. The Parties shall cooperate and may jointly identify work on sanitary and phytosanitary matters with the goal of eliminating unnecessary obstacles to trade between the Parties.
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.
Chapter 6. TECHNICAL BARRIERS TO TRADE
Article 6.1. Definitions
1. The definitions of the terms contained in Annex 1 of the TBT Agreement, including the chapeau and explanatory notes of Annex 1, are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis.
2. In addition, for the purposes of this Chapter:
good regulatory practice means a practice that: (i) serves clearly identified policy goals, and is effective in achieving those goals; (ii) has a sound legal and empirical basis; (iii) takes into consideration the distribution of a regulation?s effects across society, taking economic, environmental, and social effects into account; (iv) minimises costs and market distortions; (v) promotes innovation through market incentives and goal-based approaches; (vi) is clear, simple, and practical for users; (vii) is consistent with the Party?s other regulations and policies; and (viii) is compatible as far as possible with domestic and international competition, trade, and investment principles;
international conformity assessment systems means systems that facilitate voluntary recognition or acceptance of the results of conformity assessment or accreditation bodies by the authorities of another Party based on compliance with international standards for conformity assessment;
international standard means a standard that is consistent with the TBT Committee Decision on International Standards;
mutual recognition agreement means a binding government-to-government agreement for recognition of the results of conformity assessment conducted against the appropriate technical regulations or standards in one or more sectors;
mutual recognition arrangement or multilateral recognition arrangement means an international or regional arrangement among accreditation bodies in the territories of the Parties, in which the accreditation bodies, on the basis of peer evaluation, accept the results of each other's accredited conformity assessment bodies, or among conformity assessment bodies in the territories of the Parties recognising the results of conformity assessment;
proposed technical regulation or conformity assessment procedure means the entirety of the text setting forth: (a) a proposed technical regulation or conformity assessment procedure; or (b) a significant amendment to an existing technical regulation or conformity assessment procedure;
TBT Committee Decision on International Standards means Annex 2 to Part 1 (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement) in the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to and Recommendations adopted by the WTO Committee on Technical Barriers to Trade Since 1 January 1995 (G/TBT/1/Rev.13), as may be revised, issued by the WTO Committee on Technical Barriers to Trade; and
verify means to take action to confirm the veracity of individual conformity assessment results, such as requesting information from the conformity assessment body or the body that accredited, approved, licensed, or otherwise recognised the conformity assessment body, but does not include requirements that subject a product to conformity assessment in the territory of the importing Party that duplicate the conformity assessment procedures already conducted with respect to the product in the territory of the exporting Party or a third party, except on a random or infrequent basis for the purpose of surveillance, or in response to information indicating non-compliance.
Article 6.2. Objective
The objective of this Chapter is to facilitate trade, including by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practice.
Article 6.3. Scope
1. This Chapter shall apply to the preparation, adoption, and application of all technical regulations, standards, and conformity assessment procedures of central level government bodies that may affect trade in goods between the Parties, except as provided in paragraphs 3 and 4.
2. All references in this Chapter to technical regulations, standards, and conformity assessment procedures shall be construed to include any amendments (1) to them and any addition to the rules or the product coverage of those technical regulations, standards, and conformity assessment procedures, except amendments and additions of an insignificant nature.
3. This Chapter shall not apply to technical specifications prepared by a governmental entity for its production or consumption requirements. These specifications are covered by Chapter 8 (Government Procurement).
4. This Chapter shall not apply to sanitary and phytosanitary measures. These are covered by Chapter 5 (Sanitary and Phytosanitary Measures).
Article 6.4. Incorporation of the TBT Agreement
1. The following provisions of the TBT Agreement are incorporated into and made part of this Agreement, mutatis mutandis:
(a) Articles 2.1 through 2.5, and 2.9 through 2.12;
(b) Articles 3.1, 4.1, and 7.1;
(c) Articles 5.1 through 5.4, and 5.6 through 5.9; and
(d) Paragraphs D through F of Annex 3.
2. A Party shall not have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter if the dispute concerns:
(a) exclusively claims made under the provisions of the TBT Agreement incorporated under paragraph 1; or
(b) a measure that a Party alleges to be inconsistent with this Chapter that:
(i) was referred or is subsequently referred to a WTO dispute settlement panel;
(ii) was taken to comply in response to the recommendations or rulings from the WTO Dispute Settlement Body; or
(iii) bears a close nexus, such as in terms of nature, effects, and timing, with respect to a measure described in subparagraph (ii).
3. The Parties reaffirm their rights and obligations with respect to each other under the TBT Agreement.
Article 6.5. International Standards, Guides, and Recommendations
1. The Parties recognise the important role that international standards, guides, and recommendations can play in supporting greater regulatory alignment and good regulatory practices, 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 TBT Committee Decision on International Standards.
3. Each Party shall apply no additional principles or criteria other than those in the TBT Committee Decision on International Standards in order to recognise a standard as an international standard.
4. The Parties shall cooperate with each other in appropriate circumstances 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.
5. Neither Party shall accord any preference to the consideration or use of standards that are developed through processes that:
(a) are inconsistent with the TBT Committee Decision on International Standards; or
(b) treat persons of either Party less favourably than persons whose domicile is the same as the standardisation body.
6. With respect to any agreement or understanding establishing a customs union or free trade area or providing trade-related technical assistance, each Party shall encourage the adoption, and use as the basis for standards, technical regulations, and conformity assessment procedures, of any relevant standards, guides, or recommendations developed in accordance with the TBT Committee Decision on International Standards.
7. Each Party shall ensure that any obligation or understanding it has with a non-Party does not facilitate or require the withdrawal or limitation on the use or acceptance of any relevant standard, guide, or recommendation developed in accordance with the TBT Committee Decision on International Standards or the relevant provisions of this Chapter.
Article 6.6. Technical Regulations
Preparation and Review of Technical Regulations
1.Each Party shall:
(a) periodically review technical regulations and conformity assessment procedures in order to:
(i) examine increasing alignment with relevant international standards, including by reviewing any new developments in the relevant international standards, and whether the circumstances that have given rise to divergences from any relevant international standard continue to exist; and
(ii) consider the existence of any less trade-restrictive approaches; or
(b) maintain a process whereby a person of another Party may directly petition the Party?s regulatory authorities to review a technical regulation or conformity assessment procedure on the grounds that:
(i) circumstances that were relevant to the content of the technical regulation have changed; or
(ii) a less trade-restrictive method to fulfill the technical regulation?s objective exists, such as a technical regulation based on the international standard.
Use of Standards in Technical Regulations
2. If there are multiple international standards that would be effective and appropriate to fulfil the legitimate objectives of a Party's technical regulation or conformity assessment procedure, the Party shall:
(a) consider using as a basis for the technical regulation or conformity assessment procedure each of the international standards that fulfil the legitimate objectives of the technical regulation or conformity assessment procedure; and
(b) if the Party has rejected an international standard that was brought to its attention, issue a written explanation wherever practicable.
The written explanation provided for in subparagraph (b) must include the reasons for the Party's decision to reject an international standard and shall be provided directly to the person that proposed a particular international standard or in a document that is published at the same time that the Party publishes the final technical regulation or conformity assessment procedure.
3. If no international standard is available that fulfils the legitimate objectives of the technical regulation or conformity assessment procedure, each Party shall consider whether a standard developed by a standardising body domiciled in the other Party can fulfil its legitimate objectives. To that end, each Party shall:
(a) consider and decide whether to accept the standard developed by a standardising body domiciled in the other Party fulfils its legitimate objectives; and
(b) if the Party has rejected a standard that was brought to its attention, issue a written explanation wherever practicable.
The written explanation provided for in subparagraph (b) must include the reasons for the Party?s decision to reject an international standard and shall be provided directly to the person that proposed a particular standard or in a document that is published at the same time the Party publishes the final technical regulation or conformity assessment procedure.
Information Exchange
4. If a Party has not used an international standard as a basis for a technical regulation, a Party shall, on request from the other Party, explain why it has not used a relevant international standard or has substantially deviated from an international standard. The explanation shall address why the standard has been judged inappropriate or ineffective for the objective pursued, and identify the scientific or technical evidence on which this assessment is based.
5. In addition to Article 2.7 of the TBT Agreement, a Party shall, on request of the other Party, (2) provide the reasons why it has not 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.
Labeling
6. Consistent with the obligations of the TBT Agreement incorporated in Article 6.4, 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.
Article 6.7. Conformity Assessment
1. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Such mechanisms may include:
(a) recognising existing international multilateral recognition agreements and arrangements;
(b) promoting mutual recognition of conformity assessment results by the other Party, through recognising the other Party's designation of conformity assessment bodies;
(c) encouraging voluntary arrangements between conformity assessment bodies in the territory of each Party;
(d) accepting a supplier's declaration of conformity where appropriate;
(e) harmonisation of criteria for the designation of conformity assessment bodies, including accreditation procedures; or
(f) other mechanisms as mutually agreed by the Parties.
2. The Parties shall strengthen the exchange of information in relation to these and other similar mechanisms, in order to facilitate the acceptance of the results of the conformity assessment procedures. The Parties acknowledge that the choice of the appropriate mechanisms in a given regulatory context depends on a variety of factors, such as the product and sector involved, the volume and direction of trade, the relationship between the respective regulators of the Parties, the legitimate objectives pursued and the risks of non-compliance with said objectives.
3. If a Party does not accept the results of conformity assessment procedures carried out in the territory of the other Party, it shall, at the request of the other Party, explain the reasons for its decision.
4. Each Party shall accord to conformity assessment bodies located in the territory of the other Party treatment no less favourable than that which it accords to conformity assessment bodies located in its own territory. In order to ensure that it grants such treatment, each Party shall apply the same procedures, criteria, and other equivalent conditions to accredit, approve, authorise, or otherwise recognise conformity assessment bodies located in the territory of the other Party that may apply to conformity assessment bodies in their own territory.
5. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
6. In order to enhance confidence in the consistent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved. Where a Party considers that a conformity assessment body of the other Party does not fulfill its requirements, it shall explain to the other Party its considerations.
7. The Parties shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. The Parties shall consider the the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon.
8. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.
Article 6.8. Transparency
1. Each Party shall allow persons of the other Party to participate in the development of technical regulations, standards, and conformity assessment procedures by its central government bodies on terms no less favourable than those that it accords to its own persons.
2. A Party satisfies the obligation in paragraph 1 by, for example, providing interested persons a reasonable opportunity to provide comments on the measure it proposes to develop and by taking those comments into account in the development of the measure.
3. If appropriate, each Party shall encourage non-governmental bodies in its territory to observe the obligations in paragraphs 1 and 2.
4. Each Party shall publish online and make freely accessible, preferably on a single website, all proposed and final technical regulations and mandatory conformity assessment procedures, except with respect to any standards that are:
(a) developed by non-governmental organisations; and
(b) have been incorporated by reference into a technical regulation or conformity assessment procedure.
5. Each Party shall ensure that its central government standardising body?s work program, containing the standards it is currently preparing and the standards it has adopted, is published:
(a) on the central government standardising body?s website;
(b) in its official gazette; or
(c) on the website referred to in paragraph 4.
6. If a Party requests a body within its territory to develop a standard for use as a technical regulation or conformity assessment procedure, the Party shall require the body to allow persons of the other Party to participate on no less favourable terms than its own persons in groups or committees of the body that is developing the standard, and apply Annex 3 of the TBT Agreement.
7. Each Party shall take such reasonable measures as may be available to it to ensure proposed and final technical regulations and conformity assessment procedures of regional governments are published.
Article 6.9. Cooperation and Trade Facilitation
1. The Parties shall strengthen their exchange and collaboration on mechanisms to facilitate the acceptance of conformity assessment results, to support greater regulatory alignment and to eliminate unnecessary technical barriers to trade in the region.