Article 5.18. OBLIGATIONS RELATING TO IMPORTATIONS
1 Any good that meets all the applicable requirements in this Chapter and in Chapter 4 (Rules of Origin) is eligible for preferential tariff treatment.
2 A Party may deny preferential tariff treatment under this Agreement to imported good(s) if the importer fails to comply with any requirement of this Chapter or Chapter 4(Rules of Origin).
3. Any penalty, if applicable, for making an invalid claim for preferential tariff treatment shall be subject to the domestic law of each Party that is dealing with the offence under its jurisdiction.
Article 5.19. OBLIGATIONS RELATING TO EXPORTATIONS
1. Each Party shall provide that an exporter or a producer in its territory shall submit a copy of the Certification of Origin to its competent government authority upon request.
2. A false Certification of Origin by an exporter or a producer in its territory, stating that a good to be exported to the territory of another Party is originating shall be subject to penalties that are sufficiently deterrent.
3. When an exporter or a producer in its territory has provided a Certification of Origin and has reason to believe that such Certification contains or is based on incorrect information, the exporter or producer shall promptly notify in writing every person to whom the exporter or producer provided the Certification of any change that could affect the accuracy or validity of the Certification. Any penalty, if applicable, for providing an incorrect Certification of Origin for preferential tariff treatment shall be subject to the domestic law of each Party that is dealing with the offence under its jurisdiction.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. OBJECTIVES
The objectives of this Chapter are:
(a) to protect human, animal or plant life or health in the territory of each Party;
(b) to facilitate bilateral trade and to provide a framework to address sanitary and phytosanitary matters that may affect directly or indirectly trade between Parties;
(c) to strengthen cooperation between Singaporean and Peruvian government agencies having responsibility for matters covered by this Chapter and to deepen mutual understanding of each Partyâs regulations and procedures; and
(d) where applicable, to strengthen collaboration between the Parties in relevant international organizations implementing agreements or developing international standards, guidelines and recommendations referred to matters covered by this Chapter.
Article 6.2. DEFINITIONS
For the purpose of this Chapter:
1. relevant international organizations refers to the organizations mentioned in the SPS Agreement;
2. SPS means sanitary and phytosanitary;
3. SPS Agreement refers to the WTO Agreement on the Application of Sanitary and Phytosanitary Measures;
4. trade between the Parties refers to trade in goods produced, processed or manufactured in the territory of the Parties; and
5. the definitions under Annex A of the SPS Agreement shall apply to this Chapter.
Article 6.3. SCOPE
1. This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties. This includes:
(a) all SPS standards related to goods traded between the Parties;
(b) assessments of manufacturers or manufacturing processes on goods exported from one Party to the other Party; and
(c) assessments of official control, inspection and approval systems related to SPS measures operated by the Parties.
2. This Chapter does not apply to standards, technical regulations and conformity assessment procedures as defined in the WTO Agreement on Technical Barriers to Trade which are covered by Chapter 7 (Technical Barriers to Trade).
Article 6.4. RIGHTS AND OBLIGATIONS
The Parties reaffirm and incorporate in this Chapter their existing rights and obligations with respect to each other under the SPS Agreement.
Article 6.5. TRADE FACILITATION
1. The Parties shall cooperate and jointly identify work in the field of sanitary and phytosanitary measures with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify initiatives that are appropriate for the particular issues or sectors. Such initiatives may include cooperation on regulatory issues, such as unilateral recognition of equivalence, harmonisation or other cooperative arrangements.
2. At the request of the other Party, each Party shall give favourable consideration to any sector-specific proposal that the other Party makes for consideration under this Chapter.
Article 6.6. HARMONIZATION
The Parties shall, where appropriate, endeavour to work towards harmonization of their respective sanitary and phytosanitary measures, in accordance with Article 3 of the SPS Agreement, taking into account relevant international standards, guidelines and recommendations.
Article 6.7. EQUIVALENCE
1. The Parties recognise that the principle of equivalence as set down in Article 4 of the SPS Agreement, as applied to SPS measures, has mutual benefits for both exporting and importing countries.
2. The Parties shall follow the procedures for determining the equivalence of SPS measures developed by the SPS Committee and the Codex Alimentarius Commission, the World Organization of Animal Health and the International Plant Protection Convention, as amended from time to time.
3. The Parties shall give favourable consideration to accepting the equivalence of each otherâs SPS measures, in order to ease the trade of the products subject to SPS measures and foster mutual confidence between the respective competent authorities.
4. Compliance by an exported product with a SPS standard that has been accepted as equivalent to a SPS standard of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party.
5. Whenever an agreement on recognition of the equivalence is in process of negotiation and no final approval is achieved, the Parties should neither stop nor apply sanitary and/or phytosanitary measures more restrictive than those in force in their mutual trade, except where sanitary or phytosanitary emergencies arise or threaten to arise for a Party.
Article 6.8. RISK ASSESSMENT AND DETERMINATION OF THE APPROPRIATE LEVEL OF SANITARY OR PHYTOSANITARY PROTECTION
1. SPS measures will be based on an assessment, in line with the circumstances of the risks existing for human, animal and plant life and health, taking into account the risk assessments guidelines developed by the relevant international organizations, so that the measures adopted may reach the appropriate level of protection.
2. When a Party decides to make a re-evaluation of a risk assessment of a product for which there is a fluid and regular trade, said Party shall not interrupt the trade of the products affected except in the case of a sanitary or phytosanitary emergency situation.
Article 6.9. RECOGNITION OF PEST OR DISEASE FREE AREAS AND AREAS OF LOW PEST OR DISEASE PREVALENCE
1. The importing Party shall decide, in a time frame agreed by the Parties, on the request made by the exporting Party to recognize its condition of pest or disease-free area or of low pest or disease prevalence, with the aim of facilitating bilateral trade.
2. In case of international recognition of pest or disease-free areas and areas of low pest or disease prevalence made by the relevant international organizations, the importing Party, on request and in an expeditious way, shall give favourable consideration to recognize those areas of the exporting Party as pest or disease-free areas and areas of low pest or disease prevalence.
Article 6.10. CONTROL, INSPECTION AND APPROVAL PROCEDURES
1. The application of control, inspection and approval procedures shall be based on the risk associated with the goods imported and shall be performed in accordance with Annex C of the SPS Agreement and the international standards, guidelines and recommendations established by the relevant international organizations.
2. Parties shall not restrict access to its market through control, inspection and approval procedures, without due technical justification.
Article 6.11. TRANSPARENCY
1. The Parties undertake to notify their proposed SPS measures to the contact points of the other Party at least sixty (60) days before they are adopted.
2. In cases of urgency or duly justified emergency, the Parties may adopt the measures and rules specified in paragraph 1, without observing the time frame established. In these cases, the Party shall notify the adopted measure to the other Party within five (5) days of its adoption.
3. In any event, the Party adopting or willing to adopt the measure shall give the other Party the possibility of making comments on the measure and shall take into account these comments.
4. Whenever there is a notification of non-compliance of imported products with a SPS measure properly adopted, the Parties shall cooperate to solve the problem. Unless specifically required by its laws or policies, the importing Party shall not suspend trade based on one shipment, but shall contact the exporting Party to ascertain how the problem has occurred. The Parties shall consult on what remedial action might be
taken by the exporting Party to ensure that further shipments do not infringe the measure.
Article 6.12. COORDINATORS
1. To facilitate the implementation of this Chapter and cooperation between the Parties, each Party shall designate a Coordinator, who shall be responsible for coordinating with competent SPS authorities and interested persons in the Party's territory and communicating with the other Party's Coordinator in all matters pertaining to this Chapter. The Coordinators' functions shall include:
(a) monitoring the implementation and administration of this Chapter;
(b) enhancing communication between the Parties' competent SPS authorities and shall seek to facilitate a Party's response to written request for information from the other Party in print or electronically without undue delay, and in any case within thirty (30) days from the date of the request and at no cost or at reasonable cost;
(c) facilitating information exchange so as to enhance mutual understanding of each Party's SPS measures and the regulatory processes that relate to those measures and their impact on trade in such goods between the Parties;
(d) promptly addressing any bilateral SPS issues that a Party raises to enhance cooperation and consultation between the Parties to facilitate trade between the Parties;
(e) reviewing progress on addressing SPS matters that may arise between the Parties' competent SPS authorities;
(f) establishing technical working groups, as required. The technical working groups may consist of expert-level representatives of the Parties as agreed, which shall identify, address, and attempt to resolve technical and scientific issues arising from this Chapter;
(g) promoting the development and review of implementing arrangements on technical matters including harmonization, equivalence, control, inspection and approval procedures which further elaborate the provisions of this Chapter in order to facilitate trade between the Parties;
(h) reviewing and assessing progress of each Party's priority market access interests, and, where agreed as necessary, amend implementing arrangements; and
(i) strengthening technical cooperation in sanitary and phytosanitary matters.
2. The Coordinators shall normally carry out their functions through agreed communication channels such as telephone, fax, e-mails, whichever is most expedient in the discharge of their functions. Nevertheless, in technical issues like notifications of pest interceptions, pest risk assessments or others, the contact between the competent SPS authorities can be made directly, with due communication to the Coordinators.
Article 6.13. JOINT COMMITTEE
1. The Parties shall establish a Joint Committee consisting of representatives of the Parties which will meet when necessary to deal with any matter that cannot be clarified or resolved through the Coordinators.
2. The Joint Committee shall be co-chaired by the Coordinators of the Parties. The Joint Committee shall comprise representatives of both Partiesâ competent trade and SPS authorities.
Article 6.14. TECHNICAL COOPERATION
The Parties shall endeavour to develop a work programme and mechanisms for co-operative activities in the areas of technical assistance and capacity building to address plant, animal and public health and food safety issues of mutual interest.
Article 6.15. CONSULTATION AND DISPUTE SETTLEMENT
1. In the event that a Party considers that a SPS measure affecting trade between the Parties warrants a technical consultation, it may request that technical consultations be held under the Joint Committee, with a view to share information and increase mutual understanding about the specific SPS measure under consultations and to identify a workable and practical solution that would facilitate trade. The other Party shall respond promptly to any request for technical consultations.
2. The technical consultations shall be held within thirty (30) days of the request, unless the Parties agree otherwise, and may be conducted via teleconference, video-conference, or through any other means, as mutually determined by the Parties.
3. Matters arising under this Chapter that cannot be settled through consultations may be forwarded by the complaining Party to the dispute settlement mechanism of the Agreement.
Article 6.16. FINAL PROVISIONS
1. Nothing in this Chapter shall limit the authority of a Party to determine the level of protection it considers necessary for the protection of, inter alia, human health or safety, animal or plant life or health. In pursuance of this, each Party retains all authority to interpret its laws, regulations and administrative provisions.
2. For the purposes of Article 6.12 (Coordinators), the Coordinator in:
(a) Peru shall be Ministry of Foreign Trade and Tourism Viceministry of Foreign Trade
Calle Uno Oeste N° 50, Urb. Corpac, San Isidro Tel: (51 1) 513 6100
or its successor or its designated contact point; and
(b) Singapore shall be Ministry of Trade and Industry Trade Division
100 High Street #09-01 The Treasury Singapore 179434
Tel: (65) 6225 9911
Fax: (65) 6332 7260
E-mail: mti_email@mti.gov.sg
or its successor or its designated contact point.
Chapter 7. TECHNICAL BARRIERS TO TRADE
Article 7.1. OBJECTIVES
The objective of this Chapter is to eliminate unnecessary technical barriers to trade between the Parties by providing a framework to address the impact of such technical barriers, so as to facilitate and increase bilateral trade and by enhancing bilateral cooperation.
Article 7.2. GENERAL PROVISIONS
1. The Parties reaffirm and incorporate their rights and obligations under the TBT Agreement. 2. For the purpose of facilitating and increasing bilateral trade, the
Parties shall seek to enhance their cooperation in the area of technical barriers to trade and deepen the mutual understanding and awareness of their respective systems.
3. In addition to the TBT Agreement the Parties shall apply the provisions under this Chapter.
Article 7.3. SCOPE
1. This Chapter is applicable to any and all standards, technical regulations and conformity assessment procedures of the Parties that may affect, directly or indirectly, the trade in goods between the Parties (7-1).
2. This Chapter does not apply to sanitary and phytosanitary measures as defined in the SPS Agreement, which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).
3. This Chapter does not apply to purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies, which are covered by Chapter 9 (Government Procurement).
4. Nothing in this Chapter shall prevent a Party from adopting or maintaining standards or technical regulations in accordance with its rights and obligations under the TBT Agreement to fulfill a legitimate objective, taking into account the risk non-fulfillment would create. This shall include technical regulations necessary to ensure its national security requirements, the prevention of deceptive practices, the protection of human life, health or safety, animal and plant life or health, or the environment.
Article 7.4. DEFINITIONS
For the purpose of this Chapter,
1. TBT Agreement refers to the WTO Agreement on Technical Barriers to Trade done in Marrakesh on 15 April 1994;
2. TBT Committee refers to the Committee on Technical Barrier to Trade provided for under Article 13 of the TBT Agreement; and
3. the terms and their definitions of Annex | of the TBT Agreement, shall apply mutatis mutandis to this Agreement.
Article 7.5. INTERNATIONAL STANDARDS
1. Each Party shall, to the maximum extent possible and in accordance with Article 2.4 of the TBT Agreement, use relevant international standards as a basis for its technical regulations.
2. In determining whether an international standard, guide or recommendation within the meaning of Articles 2, 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in Decisions and Recommendations adopted by the TBT Committee since 1 January 1995, G/TBT/1/Rev.8, 23 May 2002, Section IX (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 WTO TBT Agreement) issued by the TBT Committee .
Article 7.6. TRADE FACILITATION
1. The Parties shall co-operate and jointly identify work in the field of standards, technical regulations and conformity assessment procedures, with a view to facilitating market access. In particular, the Parties shall seek to identify initiatives that are appropriate for the particular issues or sectors. Such initiatives may include co-operation and technical assistance on regulatory issues, such as unilateral recognition or harmonisation or equivalence of technical regulations and standards, alignment to international standards, reliance on a supplier's declaration of conformity, recognition and acceptance of the results of conformity assessment procedures, and use of accreditations to qualify conformity assessment bodies.
2. At the request of a Party, each Party shall encourage governmental and non-governmental bodies in its territory to co-operate with the governmental and non-governmental bodies in the territory of the other Party with respect to particular standards, technical regulations or conformity assessment procedures following the principles of the TBT Agreement.
3. Where a Party detains at a port of entry a good originating in the territory of another Party due to a perceived failure to comply with a technical regulation, it shall immediately notify the importer of the reasons for the detention.
Article 7.7. EQUIVALENCE OF TECHNICAL REGULATIONS
1. Each Party shall give favourable consideration to accept as equivalent the technical regulations of the other Party, even if they differ from its own technical regulations, provided that the said technical regulations produce the outcomes, equivalent to those produced by its own technical regulations, in meeting the legitimate objectives, or achieving the same level of protection.
2. For this purpose, a Party seeking the other Party to accept its technical regulation as equivalent, shall provide, as appropriate:
(a) information on the relationship of its technical regulation to international standards referenced in the technical regulation of the other Party;
(b) the circumstances which gave rise to the adoption of its technical regulation; and
(c) information on the similarity of the established mechanisms of conformity assessment.
3. Where a Party does not accept a technical regulation of the other Party as equivalent to its own technical regulation, it shall, at the request of the other Party, explain the reasons for not accepting the said regulation as equivalent. The Parties may agree to further engage for the purpose of accepting equivalent technical regulations, such as by establishing an ad hoc working group, as provided for in Article 7.11 (Country Coordinators on Technical Barriers to Trade).
4. At the request of a Party which may have an interest in developing a technical regulation similar to the technical regulation of the other Party, and in order to minimize duplicate expenses, the other Party shall provide any available information, studies or other relevant documents, which it had relied on in the development of that technical regulation except confidential information.
Article 7.8. CONFORMITY ASSESSMENT
1. The Parties recognize 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 another Party's territory, for example:
(a) the importing Party may rely on a supplier's declaration of conformity;
(b) the Parties' conformity assessment bodies may enter into voluntary arrangements to accept the results of each other's conformity assessment procedures;
(c) a Party may agree with the other Party to accept the results of conformity assessment procedures with respect to specific technical regulations conducted by conformity assessment bodies located in the other Party's territory;
(d) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party;
(e) a Party may designate conformity assessment bodies located in the territory of the other Party; and
(f) a Party may unilaterally recognize the results of conformity assessment procedures conducted in the territory of the other Party with respect to a sector nominated by other Party.
The Parties shall intensify their exchange of information on these and other similar mechanisms, so as to facilitate the acceptance of results of conformity assessment procedures.
2. If a Party does not accept the results of a conformity assessment procedure carried out in the territory of the other Party, it shall, on request of the other Party, explain its decision, so that the affected Party may take corrective action.
3. Each Party shall accredit, approve, license or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses or otherwise recognizes a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve, license or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision so that the other Party may take corrective action.
4. Where a Party refuses an application from the other Party to engage or conclude negotiations to reach an agreement that facilitates the recognition in its territory of the results of the conformity assessment procedures conducted by conformity assessment bodies in the territory of the other Party, it shall, on request of the other Party, explain its decision, so that the other Party may take corrective action. The Parties may agree to further engagements, such as by the establishment of an ad hoc working group, as provided for in Article 7.11 (Country Coordinators on Technical Barriers to Trade).
5. The Parties shall encourage the use of activities developed within the framework of cooperation and technical assistance as reference in a process to recognize assessment conformity.
Article 7.9. TRANSPARENCY
1. The Parties undertake to transmit, electronically, through the contact points established by each Party under Article 10 of the TBT Agreement, the proposed technical regulations and conformity assessment procedures intended to be adopted at the same time that the parties notify WTO members in accordance with the TBT Agreement. The Parties shall also notify/publish, pursuant to paragraph 7 of this Article, those technical regulations, whether the technical regulations are in accordance with the technical content of the relevant international standards, or not.
2. Each Party shall allow for at least sixty (60) days, after the transmission of the notifications mentioned in paragraph 1, for the other Party to comment and have consultations on such measure. Each Party shall take into consideration the comments of the other Party and the outcome of the consultations. A Party shall give favourable consideration to a reasonable request by the other Party for extension of the above period.
3. In case of emergency, a Party adopting technical regulations and/or conformity assessment procedures shall send electronically, through the aforementioned contact points, the said documents to the other Party at the same time it notifies the Members of the WTO. The Parties shall also notify/publish those technical regulations, whether the technical regulations are in accordance with the technical content of the relevant international standards, or not.
4. Each Party shall publish, or otherwise make available to the public, in print or electronically, its responses to significant comments it receives from persons of the other Party no later than the date it publishes the final technical regulation or conformity assessment procedure.
5. Each Party shall, on request of the other Party, provide information regarding the objectives of, and rationale for, a standard, technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
6. The Parties agree that the period of time as from the date of publication and the validity of the technical regulations, conformity assessment procedures or any other mandatory rule shall not be less than (6) six months, unless such time period would undermine a legitimate purpose underlying the adoption of the regulation, procedure or rule.
7. Each Party shall ensure that all technical regulations and conformity assessment procedures which have been adopted or are proposed and the necessary notifications referred to under paragraphs 1 and 3, are available on its official websites.
8. Each Party shall implement this Article as soon as is practicable, and under no circumstance, later than two years, from the date of entry into force of this Agreement.
Article 7.10. TECHNICAL COOPERATION
1. The Parties agree to supply each other technical assistance and cooperation, to the extent possible, in order to, inter alia:
(a) encourage the enforcement of this Chapter;
(b) encourage the enforcement of the TBT Agreement;
(c) strengthen the corresponding organisations of standardisation, technical regulation, conformity assessment, metrology and information and notice systems within the scope of the TBT Agreement;
(d) strengthen the technical reliability among _ said organisations, mainly intending to execute Mutual Recognition Agreements of interest for the Parties;