2. The functions of the Committee shall be:
(a) reviewing the implementation and operation of this Chapter;
(b) reporting the finding of the Committee to the Commission;
(c) identifying areas to be improved for facilitating trade between the Parties;
(d) consulting for the problems which could be found during the implementation of this Chapter; and
(e) carrying out other functions which may be delegated by the Commission.
3. The Committee shall be composed of representatives from the customs authorities of the Parties. The Committee shall meet at such venues and times as may be agreed by the Parties.
Chapter 6. Sanitary and Phytosanitary Measures
Article 6.1. Definitions
For the purposes of this Chapter:
(a) the definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis; and
(b) the relevant definitions developed by the Codex Alimentarius Commission (hereinafter referred to as "Codex"), World Organisation for Animal Health (hereinafter referred to as "OIE") and the International Plant Protection Convention (hereinafter referred to as "IPPC") apply to the implementation of this Chapter.
Article 6.2. Objectives
The objectives of this Chapter are to:
(a) facilitate bilateral trade in food, plants and animals, including their products, while protecting human, animal or plant life or health in the territory of each Party;
(b) strengthen the area of Sanitary and Phytosanitary Measures (SPS) with the views to protecting of human, animal health and controlling the spread of infectious diseases of animals and pests of plants from the territory of one Party to the territory of the other Party;
(c) ensure and enhance implementation of the SPS Agreement and applicable international standards, guidelines and recommendations developed by the relevant international organizations;
(d) increase mutual understanding of each Party's national laws, regulations and procedures relating to the implementation of sanitary and phytosanitary measures; and
(e) provide means to improve communications, cooperation and solve sanitary and phytosanitary issues arising from the implementation of this Agreement.
Article 6.3. Scope and Coverage
This Chapter applies to all SPS measures of a Party that may, directly or indirectly, affect human, animal and plant health and trade between the Parties.
Article 6.4. General Obligations
1. The Parties affirm their rights and obligations with respect to each other under the SPS Agreement.
2. The Parties may cooperate in relevant international bodies engaged in SPS issues, including the WTO Committee on SPS, Codex, OIE, and IPPC.
Article 6.5. Cooperation
1. The Parties agree to cooperate to facilitate the implementation of this Chapter.
2. The Parties shall explore opportunities for further cooperation, collaboration, and information exchange on SPS matters of mutual interest, consistent with the provisions of this Chapter.
Article 6.6. Equivalence
1. The Parties recognise the application of equivalence as an important tool for trade facilitation for the mutual benefit of both Parties.
2. Upon request, the Parties may enter into discussions with the aim of achieving bilateral recognition of the equivalence of specified SPS measures in line with the principle of equivalence in the SPS Agreement and other standards, guidelines or recommendations by the relevant international organizations.
Article 6.7. Risk Assessment
1. The Parties recognise the principle of risk assessment as provided for under the SPS Agreement. SPS measures adopted by the Parties will be based on assessment of the risk existing for human, animal health and infectious diseases of animals and pests of plants in accordance with the risk analysis techniques adopted by the relevant organizations.
2. The initiation of a risk assessment process should not interrupt the bilateral trade of that product, except in case of a justified emergency situation.
Article 6.8. Consultations on SPS Measures
1. At the request of a Party for consultations on any matter arising under this Chapter, the Parties shall agree to enter into consultations by notifying the contact points listed in Annex 6.10.
2. Consultations will be carried out within thirty (30) days of receiving the notification, unless otherwise agreed by the Parties. Such consultations may be conducted via teleconferencing, videoconferencing, or any other means mutually agreed by the Parties.
3. If the consultations have failed to achieve resolution the matter is subsequently referred to the dispute settlement procedure contained in Chapter 14 (Dispute Settlement), the consultations under this Article shall replace those provided in Chapter 14 (Dispute Settlement).
Article 6.9. Relation to the Agreement of Technical Cooperation on Sanitary and Phytosanitary Measures
In the event of any inconsistency between a provision of this Chapter and a provision of the Agreement of Technical Cooperation on Sanitary and Phytosanitary Measures between the Government of the Republic of Chile and the Government of the Kingdom of Thailand, done in Bangkok on August 15, 2012, the former shall prevail to the extent of the inconsistency.
Article 6.10. Competent Authorities and Contact Points
1. The competent authorities responsible for the implementation of the measures referred to in this Chapter are listed in Section A of Annex 6.10. The contact points that have the responsibility relating to communications between the Parties are set out in Section B of Annex 6.10.
2. The Parties shall inform each other of any significant changes in the structure and organisation of the competent authorities or contact points.
Article 6.11. Committee on Sanitary and Phytosanitary Measures
1. The Parties hereby agree to establish a Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as "the Committee") with the objective of ensuring the implementation of this Chapter. The Committee shall be comprised of representatives of each Party who have responsibilities for the development, implementation, and enforcement of SPS measures.
2. The Parties shall establish the Committee as soon as possible and no later than one (1) year after the date of entry into force of this Agreement through an exchange of letters.
3. The Committee shall seek to enhance and ensure cooperation between the Parties' agencies with responsibility for SPS measures.
4. The functions of the Committee shall be to provide a forum for:
(a) enhancing mutual understanding of each Party's SPS measures and the regulatory processes related to those measures;
(b) discussing matters related to the development or application of SPS measures of a Party that may, directly or indirectly, affect human, animal and plant health and trade between the Parties;
(c) addressing any bilateral issues arising from the implementation of SPS measures between the Parties;
(d) reviewing progress on addressing bilateral issues arising from the implementation of SPS measures between the Parties;
(e) exchanging information on: relevant laws and regulations; the occurrence and control of infectious diseases of animals and pests of plants; and notifying emerging situations;
(f) coordinating technical cooperation programmes on SPS measures; and
(g) consulting on issues relating to the meetings of the WTO Committee on SPS, Codex, OIE and IPPC.
5. Unless otherwise agreed by the Parties, the Committee shall meet annually in person, if it's necessary. It may meet via teleconference, video conference, or through any other means, as mutually determined by the Parties.
6. To guide its operation, the Committee shall establish its own rules of procedure at its first meeting. These rules may be revised or further developed at any time.
7. The Committee may agree to establish ad hoc technical working groups in accordance with its rules of procedure.
Annex 6.10.
Section A. Competent Authorities
For Chile:
General Directorate of International Economic Affairs, Ministry of Foreign Affairs Head of SPS Issues Subdepartment Market Access Department Teatinos 180,
Santiago, Chile
Tel: (56) (2) 827 5447/ 827 5338
Agriculture and Livestock Service (SAG), Ministry of Agriculture
Head of International Affairs Division
Av. Bulnes 140
Santiago, Chile
Tel: (56) (2) 345 1111
Agriculture and Livestock Service (SAG), Ministry of Agriculture
Head of Livestock Protection Division
Av. Bulnes 140
Santiago, Chile
Tel: (56) (2) 345 1111
Agriculture and Livestock Service (SAG), Ministry of Agriculture
Head of Agriculture and Forestry Protection Division
Av. Bulnes 140
Santiago, Chile
Tel: (56) (2) 345 1111
Ministry of Health
Head of Food and Nutrition Department Division of Healthy Public Policies and Promotion Undersecretary of Public Health Tel: (56) (2) 5740393 - 5740474
National Fisheries Service (SERNAPESCA), Ministry of Economy
Head of Fisheries Health Department
Victoria 2832, Valparaiso Chile
Tel: (56) (32) 2819202 /203
Fax: (56) (32) 281 9200
For Thailand:
National Bureau of Agricultural Commodity and Food Standards
Ministry of Agriculture and Cooperatives
50 Phaholyothin Road, Chatuchak, Bangkok 10900
Tel.: (66) 2 561 4190, (66) 2 561 2277 # 1301
Fax: (66) 2 561 4034, (66) 2 561 4088
Department of Agriculture
Ministry of Agriculture and Cooperatives
50 Phaholyothin Road, Chatuchak, Bangkok 10900
Tel.: (66) 2 579 1517
Fax: (66) 2 579 5248
Department of Fisheries
Ministry of Agriculture and Cooperatives
Kasetklang, Chatuchak, Bangkok 10900
Tel.: (66) 2 562 0600-15
Fax: (66) 2 940 6203
Department of Livestock Development Ministry of Agriculture and Cooperatives 69/1 Phayathai Road, Ratchathewi, Bangkok 10400 Tel.: (66) 2 653 4444, (66) 2 653 4550-57 Fax: (66) 2 562 0564
Section B. Contact Points
For Chile:
General Directorate of International Economic Affairs, Ministry of Foreign Affairs Head of SPS Issues Subdepartment Market Access Department Teatinos 180,
Santiago, Chile
Tel: (56) (2) 827 5447/ 827 5338 E-mail: MSF@direcon.gob.cl
For Thailand:
National Bureau of Agricultural Commodity and Food Standards Ministry of Agriculture and Cooperatives
Director, Division of Agricultural Commodity and Food Standards Policy
50 Phaholyothin Road, Chatuchak, Bangkok 10900
Tel.: (66) 2 561 4190, (66) 2 561 2277 # 1301
Fax: (66) 2 561 4034, (66) 2 561 4088
E-mail: acfspol@acfs.go.th
Chapter 7. Technical Barriers to Trade
Article 7.1. Definitions
For the purposes of this Chapter, the definitions of Annex 1 of the TBT Agreement shall apply.
Article 7.2. Objectives
The objectives of this Chapter are to increase and facilitate trade through the improvement of the implementation of the TBT Agreement, the elimination of unnecessary technical barriers to trade and the enhancement of bilateral cooperation.
Article 7.3. Scope and Coverage
For the mutual benefit of the Parties, this Chapter applies to all standards, technical regulations and conformity assessment procedures of the Parties that may, directly or indirectly, affect trade in goods between the Parties except:
(a) purchasing specifications prepared by governmental bodies for the production or consumption requirements of such bodies; and
(b) sanitary or phytosanitary measures as defined in Chapter 6 (Sanitary and Phytosanitary Measures).
Article 7.4. Affirmation of the Tbt Agreement
The Parties affirm their rights and obligations with respect to each other Party under the TBT Agreement.
Article 7.5. Standards
1. With respect to the preparation, adoption and application of standards, each Party shall ensure that its standardising body or bodies accept and comply with Annex 3 of the TBT Agreement.
2. Each Party should encourage the standardising body or bodies in its territory to cooperate with the standardising body or bodies of other Party. Such cooperation may include:
(a) exchange of information on standards;
(b) exchange of information relating to standard setting procedures; and
(c) cooperation in the work of international standardising bodies in areas of mutual interest.
Article 7.6. International Standards
In determining whether an international standard, guide or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/Rev.9, 8 September 2008, Annex B Part I (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), issued by the WTO Committee on Technical Barriers to Trade.
Article 7.7. Trade Facilitation
The Parties shall work cooperatively in the fields of standards, technical regulations and conformity assessment procedures with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify trade facilitating bilateral initiatives regarding standards, technical regulations and conformity assessment procedures that are appropriate for particular issues or sectors. Such initiatives may include:
(a) cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards;
(b) alignment with international standards; and
(c) use of the approaches as defined in Article 7.9.
Article 7.8. Technical Regulations
1. Each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfill the objectives of its own regulations.
2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, upon request of the other Party, explain the reasons for its decision.
Article 7.9. Conformity Assessment Procedures
1. Each Party should seek to enhance the acceptance of the results of conformity assessment procedures conducted in the territory of the other Party with a view to increasing efficiency, avoiding duplication and ensuring cost effectiveness of the conformity assessments. In this regard, each Party may choose, depending on the situation of the Party and the specific sectors involved, a broad range of approaches. These may include:
(a) recognition by a Party of the results of conformity assessments performed in the other Party's territory;
(b) recognition of arrangements between accreditation bodies in the territories of the Parties;
(c) Mutual Recognition Agreements (MRAs) for conformity assessment to specific regulations: agreements on mutual acceptance of the results of conformity assessment procedures conducted by bodies located in the territory of the other Party;
(d) use of accreditation to qualify conformity assessment bodies located in the territory of the other Party;
(e) use of existing international multilateral recognition agreements and arrangements;
(f) designating conformity assessment bodies located in the territory of the other Party;
(g) suppliers' declaration of conformity; and