(a) a bilateral safeguard measure; and
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.
3. For imports of goods originating from the territory of a Party to the territory of the other Party that are not a cause of serious injury or threat thereof to the domestic industry producing like or directly competing goods of the importing Party, the safeguard measures with respect to imports of such goods do not apply.
4. When determining whether the imports from the other Party is a cause of serious injury or threat thereof, the competent investigating authority of the importing Party may consider such factors as the import shares and the amount of imports of the other Party, and the changes thereof, among others.
5. The following conditions and limitations shall apply to a proceeding that may result in global safeguard measures under this Article:
(a) the Party initiating such a proceeding shall, without delay, deliver to the other Party written notice thereof, including all pertinent information leading to the initiation of the global safeguard investigation and offer the possibility for consultations to the other Party;
(b) where, as a result of a measure, the rate of a customs duty is increased, the margin of preference under this Agreement shall be maintained;
(c) upon the termination of the measure, the rate of a customs duty shall be the preferential rate which would have been in effect had the measure not been imposed. If a tariff quota was applied as a global safeguard measure, it will be eliminated upon termination of the global safeguard measure.
Section C. Anti-dumping and Countervailing Measures
Article 5.9. Anti-dumping and Countervailing Measures
1. Both Parties agree that anti-dumping and countervailing measures should be used in full compliance with Article VI of GATT 1994, WTO Agreement on Implementation of Article VI of GATT 1994 and WTO Agreement on Subsidies and Countervailing Measures.
2. The Parties shall ensure full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply anti- dumping and countervailing measures. Disclosures shall be made in writing and allow interested parties sufficient time to respond with comments. After final disclosure interested parties shall be given at least seven days to make these comments.
3. The competent investigating authority shall, upon receiving a properly documented application by or on behalf of its domestic industry for the initiation of the investigation in respect of a good from the other Party, and before proceeding to initiate such an anti-dumping investigation, notify the other Party at least 10 working days in advance of the date of initiation of such investigation.
4. If, in an anti-dumping or countervailing duty investigation that involves imports from the other Party, the investigating authority determines that a timely response to a request for information does not comply with its request:
(a) the investigating authority shall inform the interested party that submitted the response of the nature of the deficiency and, to the extent practicable in light of time limits established to complete the anti-dumping or countervailing duty action, provide that interested party with an opportunity to remedy or explain the deficiency.
(b) if that interested Party submits further information in response to that deficiency and the investigating authority finds that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authority disregards all or part of the original and subsequent responses, the investigating authority shall explain in the determination or other written document the reason for disregarding the information.
5. All interested parties shall be granted the right to be heard in order to express their views during anti-dumping and anti-subsidy investigations.
6. In an anti-dumping or countervailing duty investigation, prior to the imposition of a provisional measure and prior to the definitive determination, the exporting Party may request consultations with a view of seeking a solution acceptable to the Parties. The importing Party shall enter into consultations with the requesting Party. Such consultations shall not delay or impede the investigation and its subsequent proceedings by the Party in accordance with the relevant WTO Agreements.
7. An anti-dumping or countervailing duty imposed by a Party shall not exceed the margin of dumping or countervailable subsidy, and the Party shall endeavour to ensure that the amount of this duty is less than that margin if such lesser duty would be adequate to remove the injury to the domestic industry.
8. Anti-dumping or countervailing measures may not be applied by a Party where, on the basis of the information made available during the investigation, it can clearly be concluded that it is not in the public interest to apply such measures. In determining the public interest, the Party shall take into account, inter alia, the interests of the domestic industry, importers, representative users and representative consumers based on the relevant information provided to the investigating authorities.
9. The Party whose good is subject to an anti-dumping or countervailing measure imposed by the other Party has the right to request consultations. Upon request, the other Party shall enter into consultation with the requesting Party.
Section D. General Provision
Article 5.10. Selection of Measures
In each section, the Parties, in selecting measures relating to that section, shall give priority to those measures which cause less economic impact on bilateral trade.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. Definitions
1. For the purposes of this Chapter:
(a) Competent Authorities mean those recognised by each Party as responsible for developing, implementing and administering the SPS measures within its territory as listed in Annex 6A.
(b) SPS Agreement means the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).
2. The Parties may agree on other definitions for the application of this Chapter, taking into consideration the glossaries and definitions used by the relevant international organisations, such as the CODEX Alimentarius Commission (CODEX), World Organisation for Animal Health (WOAH), and the International Plant Protection Convention (IPPC).
3. The definitions contained in Annex A of the SPS Agreement shall apply.
Article 6.2. Objectives
The objectives of this Chapter are to:
(a) enhance practical implementation of the principles and disciplines contained within the SPS Agreement and applicable international standards, guidelines and recommendations developed by relevant international organisations;
(b) facilitate trade between the Parties and ensure that SPS measures imposed by each Party do not create unnecessary obstacles to trade while protecting human, animal or plant life or health in the territory of each Party; and
(c) provide a means to strengthen communication, cooperation and resolution on SPS issues that affect trade between the Parties and other agreed matters of interest to the Parties, taking into account the different levels of development between the Parties.
Article 6.3. Scope
This Chapter shall apply to the preparation, adoption and application of all SPS measures of a Party which may directly or indirectly affect the bilateral trade of the Parties.
Article 6.4. General Provisions
The Parties reaffirm their existing rights and obligations with respect to each other under the SPS Agreement and incorporate it into this Agreement.
Article 6.5. SPS Contact Points
1. For the purpose of facilitating communication on SPS trade-related matters, the Parties agree to establish Contact Points as follows:
(a) For Israel, the Ministry of Economy and Industry, Foreign Trade Administration, or its successor; and
(b) For Viet Nam, Viet Nam SPS Office, the Ministry of Agriculture and Rural Development, or its successor.
2. For the purpose of implementing the provisions of this Agreement, the Parties agree to share information related to Competent Authorities of each Party with responsibility for sanitary and phytosanitary measures, listed in Annex 6A (Competent Authorities).
3. The Parties shall ensure the information provided under paragraphs 1 and 2 (including Annex 6A) are kept up to date.
Article 6.6. Adaptation to Regional Conditions
1. The Parties recognise the concept of adaptation to regional conditions as set out in Article 6 of the SPS Agreement, and shall take into account the relevant guidance of the SPS Agreement and the relevant international standard-setting bodies.
2. The Parties shall endeavour to cooperate on the recognition of pest- and disease- free areas, and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the recognition of pest- and disease-free areas, and areas of low pest- and low disease prevalence.
Article 6.7. Equivalence
1. The Parties recognise that the application of the equivalence principle set out in Article 4 of the SPS Agreement is an important tool for trade facilitation and has mutual benefits for both exporting and importing countries.
2. Equivalence can be accepted for a specific SPS measure or measures related to a certain product or category of products, or on a system-wide basis.
3. The importing Party shall accept the sanitary and phytosanitary measures of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measures achieve the importing Party’s appropriate level of sanitary and phytosanitary protection. To facilitate a determination of equivalence, a Party shall, on request, advise the other Party of the objective of any relevant sanitary or phytosanitary measures.
4. The Parties shall initiate the consultation process of equivalence determination within a reasonable period of time. The determination of equivalence shall be finalised after the demonstration of equivalence of the proposed measures by the exporting Party.
5. In case of multiple requests from the exporting Party, the Parties shall agree within the Committee referred to in Article 6.10 (Sub-Committee on SPS) on order of priority in which they shall initiate the process. The importing Party shall endeavour to prioritise the requests for equivalence in respect of those products which it has historically imported from the exporting Party.
6. The consideration by a Party of a request from the other Party for recognition of the equivalence of its measures with regard to a specific product shall not in itself be a reason to disrupt or suspend ongoing imports from that Party of the product in question. When an equivalence determination is made, it shall be formally recorded and applied to the trade between the Parties in the relevant area.
7. For the purpose of ensuring that sanitary and phytosanitary measures of the exporting Party consistently meet the importing Party’s requirements, the exporting Party shall, upon request, allow the auditing of its systems including procedures of inspection and testing by the exporting Party.
Article 6.8. Procedure of Listing Establishments
1. After the initiation of the exporting Party, subject to each Party's internal procedures and processes, and upon request of the importing Party, the exporting Party shall inform the importing Party of its list of establishments which comply with the importing Party’s requirements for approval and for which satisfactory sanitary guarantees have been provided.
2. Upon request of the exporting Party, the importing Party shall approve within 45 working days the list of establishments referred to in paragraph 1, without prior inspection of individual establishments.
3. If the importing Party requests additional information, the time period referred to in paragraph 2 shall be extended by up to 30 working days. Following the approval of the list of establishments, the importing Party shall take necessary measures, in accordance with its applicable legal procedures, to allow the importation of products concerned.
4. If the importing Party rejects the request for approval, it shall inform without delay the exporting Party of the reasons upon which that rejection was based.
5. The Competent Authority of the importing Party has the right to suspend or withdraw the import approval of an individual or several establishments in the event of fundamental non-compliance. The importing Party will inform the exporting Party of such decision.
Article 6.9. Communication and Exchange of Information
1. The Parties acknowledge the value of exchanging information on their respective SPS measures.
2. Each Party shall provide timely and appropriate information directly to both Contact Point and Competent Authorities of the other Party, in accordance with its WTO obligations:
(a) where any changes in its sanitary and phytosanitary status, including important epidemiological findings, may affect the trade between the Parties;
(b) on results of import checks in case of rejected or non-compliant consignments; or
(c) on results of verification procedures, such as inspections or on site audits.
Article 6.10. Sub-Committee on SPS
1. The Parties shall establish a Sub-Committee on SPS measures (“the SPS Sub- Committee”), under the Joint Committee described in Article 13.1 (Establishment of the Joint Committee) of this Agreement, to facilitate cooperation and to consider any matter relating to the implementation of this Chapter.
2. The Sub-Committee’s functions shall include:
(a) developing the necessary procedures or arrangements for the implementation of this Chapter;
(b) monitoring the implementation of this Chapter;
(c) providing a forum to exchange information, expertise, and experience in the field of SPS matters and for discussion of problems arising from the application of certain sanitary or phytosanitary measures with a view to reaching mutually acceptable solutions and promptly addressing any matters that may create unnecessary obstacles to trade among the Parties; and
(d) carrying out any other functions as mutually agreed by the Parties.
3. In addition, the Sub-Committee’s functions may include:
(a) promoting the use of international standards by Parties in their respective adoption and application of SPS measures; and
(b) identifying, initiating and reviewing technical assistance projects and activities among the Parties.
4. The Parties may inform each other through the SPS Sub-Committee of decisions related to the authorization of imports, exchange of information, transparency, recognition of regionalization, equivalency and alternative measures, and any other matter referred to in the above paragraphs.
5. The SPS Sub-Committee shall consist of appropriate representatives of each Party with responsibility for SPS measures and all decisions made by the Sub-Committee shall be by mutual agreement.
6. The SPS Sub-Committee may establish technical working groups as required to undertake specific tasks.
7. The SPS Sub-Committee shall meet in person within one year from the date of entry into force of this Agreement and annually thereafter, when practicable, as mutually determined by the Parties. Meetings may be conducted via teleconference, video conference, or through other means as mutually agreed by the Parties.
Article 6.11. Technical Cooperation
1. The Parties agree to explore the opportunity for technical cooperation in SPS areas, with a view to enhance their understanding the other Party's regulatory systems, build capacities of the Parties, foster confidence between Competent Authorities of the Parties, and minimize negative effects on bilateral trade.
2. The Parties shall give due consideration to cooperation relating to SPS issues. Such cooperation, which shall be on mutually agreed terms and conditions, may include, but is not limited to:
(a) furthering the exchange of experience and cooperation in the development and application of domestic SPS measures as well as international standards;
(b) strengthening cooperation with respect to, inter alia, risk analysis methodology, disease or pest control methods, and laboratory testing techniques;
(c) developing exchange programs for relevant officials of Competent Authorities, for the purposes of building capacity and confidence of the Parties regarding animal disease and plant pest management;
(d) exchanging information, upon request of a Party, on the outbreak of any significant animal disease or incident related to food safety, and follow-up measures including related domestic regulations and their explanations;
(e) enhancing cooperation and exchange of experience between the WTO SPS Enquiry Points or the Competent Authorities of the Parties;
(f) considering potential joint research and sharing the result of such research in SPS areas including animal disease, plant pest and food safety; and
(g) any other cooperative activity mutually agreed by the Parties.
Article 6.12. Consultations
1. Where a Party considers that a SPS measure affecting trade between the Parties warrants further discussion, it may, through the Contact Point, request a full explanation of the SPS measure and if necessary, request to hold consultations to resolve the issue. The other Party shall respond in a timely manner to any request for such explanations or consultations.
2. The Parties shall make every effort to resolve the issue through consultations on a timeline mutually agreed upon by both sides. Should the consultations fail to achieve resolution, the matter shall be forwarded to the Joint Committee referred to in Article 13.1 (Establishment of the Joint Committee).
Article 6.13. Emergency Measures
1. Emergency measures imposed by an importing Party shall be notified in writing to the other Party through the Competent Authorities of the exporting country within two working days of the decision to implement them along with the associated reasons including any serious or significant human, animal or plant life or health risk, food emergencies that could affect the commodities for which trade takes place. Upon request, consultations between the Competent Authorities shall be held within 10 working days of the notification. All communication shall also be forwarded to the designated Contact Points. The Parties shall consider any information provided through such consultations.
2. The importing Party shall consider the information provided by the exporting Party, in a timely manner, when making decisions with respect to consignments that, at the time of adoption of emergency measures, are being transported between the Parties. The importing Party shall consider the most suitable and proportional solution in order to avoid unnecessary disruptions to trade.
Chapter 7. TECHNICAL BARRIERS TO TRADE
Article 7.1. Definitions
For the purposes of this Chapter:
(a) TBT Agreement means the WTO Agreement on Technical Barriers to Trade, as may be amended.
(b) Technical Regulation, Standard and Conformity Assessment Procedures shall have the meanings assigned to those terms in Annex 1 of the TBT Agreement.
Article 7.2. Objectives
The objectives of this Chapter are to:
(a) increase and facilitate trade through:
(i) enhancing transparency;
(ii) promoting good regulatory practices and greater regulatory cooperation; and
(iii) strengthening joint cooperation between the Parties.
(b) ensure that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to trade.
Article 7.3. Scope
1. This Chapter applies to the preparation, adoption, and application of all technical regulations, standards and conformity assessment procedures that may, directly or indirectly, affect trade in goods between the Parties.
2. Technical specifications prepared by governmental bodies for production or consumption requirements of such bodies which are covered by Chapter 10 (Government Procurement), to the extent they apply, are not subject to the provisions of this Chapter.
3. This Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A, paragraph 1 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), which are covered in Chapter 6 (Sanitary and Phytosanitary Measures).
Article 7.4. General Provisions
1. The Parties reaffirm their rights and obligations under the TBT Agreement.
2. The following provisions of the TBT Agreement are incorporated into and made part of this Agreement:
(a) Articles 2 to 9 of the TBT Agreement;
(b) Annexes 1 and 3 of the TBT Agreement.
3. For greater certainty, nothing in this Chapter shall prevent a Party from adopting or maintaining technical regulations, standards or conformity assessment procedures in accordance with its rights and obligations under this Agreement and the TBT Agreement.
Article 7.5. 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, good regulatory practice and reducing unnecessary barriers to trade.
2. In this respect, and further to Articles 2.4 and 5.4 and Annex 3 of the TBT Agreement, 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 Decisions 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.
Article 7.6. Conformity Assessment Procedures
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 the:
(a) use of accreditation to qualify conformity assessment bodies including designation of conformity assessment bodies;
(b) acceptance of the results of conformity assessment procedures conducted by conformity assessment bodies located in the other Party’s territory with respect to specific technical regulations;
(c) recognition of existing regional, international and multilateral recognition agreements and arrangements between conformity assessment bodies;
(d) designation of conformity assessment bodies located in the territory of the other Party to carry out conformity assessment activities, or recognition of the other Party’s designation of conformity assessment bodies;
(e) unilateral recognition of the results of conformity assessment procedures performed in the other Party’s territory;
(f) acceptance of a supplier’s declaration of conformity; and
(g) facilitation of voluntary arrangements between conformity assessment bodies located in the territory of each Party to accept the results of each other’s conformity assessment procedures.
2. The Parties may exchange information on these and other similar mechanisms with a view to facilitating acceptance of conformity assessment results proposed by a Party.
3. If a Party declines:
(a) A request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures;
(b) the results of a conformity assessment procedure conducted in the territory of the other Party by a recognised conformity assessment body under bilateral recognition agreement and arrangement; or
(c) accreditation, designation or other recognition under bilateral or multilateral recognition agreement or arrangement to which the Parties are one of the signatures or a side to, with respect to a body assessing conformity with that technical regulation or standard in the territory of the other Party,
it shall explain the reasons for its decision.
Article 7.7. Transparency
1. The Parties acknowledge the importance of transparency in decision-making, including providing a meaningful opportunity for persons to provide comments on proposed technical regulations and conformity assessment procedures. Where a Party publishes a notice or notification under Article 2.9 or 5.6 of the TBT Agreement, it:
(a) may include in the notice the objectives and rationale of the proposed technical regulation or conformity assessment procedure; drafting bodies and development period thereof; and
(b) shall transmit the notification with the proposal electronically to the other Party through the Enquiry Point the Party has established under Article 10 of the TBT Agreement, at the same time as it notifies WTO Members of the proposal. Each Party should allow at least 60 days for the other Party to make comments in writing on the proposals. A Party that is able to extend a time limit beyond 60 days, for example, 90 days, is encouraged to do so.
2. A Party shall give appropriate consideration to the comments received from the other Party when a proposed technical regulation is submitted for public comment and, upon request of the other Party, provide written answers to the comments made by such other Party.
3. Each Party is encouraged to provide sufficient time between the end of the comment period and the adoption of the notified technical regulation or conformity assessment procedure, for its consideration of, and preparation of responses to, the comments received.
4. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are publicly available.
Article 7.8. Information Exchange and Technical Discussions
1. A Party may request technical discussions with the other Party with the aim of resolving any matter that arises under this Chapter.
2. The Parties shall discuss the matter raised within 60 days of the date of the request. If the requesting Party considers that the matter is urgent, it may request that any discussions take place within a shorter time frame. The responding Party shall give positive consideration to that request.
3. The Parties shall make every effort to resolve the matter as expeditiously as possible.