1. The parties share the objective of promoting significant reforms in this area to ensure that such measures are disguised barriers to trade. in this regard, the Parties shall cooperate in an effort to achieve these reforms in the framework of the World Trade Organization and the Free Trade Area of the Americas.
2. After two years (2) of the Entry into Force of this treaty for all parties, they shall establish a work program to examine the possibility of promoting reforms in the sense of paragraph 1 within the framework of their reciprocal trade.
Part Three. Technical Barriers to Trade
Chapter 8. Sanitary and Phytosanitary Measures
Article 8.01. Definitions
1. For purposes of this chapter, the Parties shall apply the terms and definitions set out:
a) In the Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the WTO Agreement, hereinafter SPS Agreement;
b) For the International Office of Epizootics, hereinafter referred to as OIE;
c) In the International Plant Protection Convention, hereinafter referred to as IPPC; and
d) By the Codex Alimentarius Commission, hereinafter referred to as Codex.
2. The competent authorities shall be considered as having legal responsibility for ensuring compliance with sanitary and phytosanitary requirements referred to in this chapter.
Article 8.02. General Provisions
1. The Parties shall establish, based on the SPS Agreement, a framework of rules and disciplines to guide the adoption and enforcement of sanitary and phytosanitary measures, nothing in this chapter refers to the principles, rules and procedures relating to sanitary and phytosanitary measures regulating or may directly or indirectly affect trade between the parties.
2. Through mutual cooperation, the Parties shall facilitate trade without a sanitary or phytosanitary risks and undertake to prevent the introduction or spread of diseases or pests and plant health, to improve animal health and food safety.
Article 8.03. Rights of Parties
The Parties may, in accordance with the SPS Agreement:
a) Establish, adopt, maintain or apply any sanitary or phytosanitary measure in its territory, only when necessary for the protection of human life and health (food safety) and to preserve animal or plant health, even those which are stricter than a measure, international standards, guidelines or recommendations, provided that there is scientific justification therefor;
b) Their sanitary and phytosanitary measures apply only to the extent necessary to achieve its appropriate level of protection, taking into account technical and economic feasibility; and
c) Verify that the plant, animal products and by-products for export are subject to a follow-up sanitary and phytosanitary, to ensure compliance with the requirements of sanitary and phytosanitary measures established by the importing Party.
Article 8.04. Obligations of the Parties
1. The sanitary or phytosanitary measures shall not constitute a disguised restriction on trade and shall have the purpose or effect of creating unnecessary obstacles to the same between the parties.
2. The sanitary or phytosanitary measures shall be based on scientific principles; shall be maintained only when there are grounds corroborative and shall be based on a risk analysis, taking into account technical and economic feasibility.
3. The sanitary and phytosanitary measures shall be based on international standards, guidelines or recommendations, except when'proving scientifically that these measures, standards, guidelines or recommendations do not constitute an effective or appropriate means for the protection of human life and health (food safety) and animal or plant health in the territory of a party.
4. Where identical or similar conditions prevail, a sanitary or phytosanitary measure shall not discriminate arbitrarily or unjustifiably between its goods and similar of another party or between goods of another party and similar goods of a non- party.
5. The Parties shall grant the necessary facilities for the verification of the inspections, checks, approvals, measures and programmes of health and plant health.
Article 8.05. International Standards and Harmonization
For the purpose of implementing expeditiously sanitary and phytosanitary measures in the territory of the Parties and thereby facilitate trade flows, control procedures, inspection and approval of the sanitary and phytosanitary measures will be shown in the following principles:
a) Each Party shall use as a reference framework the international standards, guidelines or recommendations for its sanitary or phytosanitary measures in order to harmonize them or compatible with those of the other party;
b) Without prejudice to paragraph (a), each Party may adopt, implement, maintain or establish a sanitary or phytosanitary measure with a level of protection different from that which would be achieved by a measure based on international standards, guidelines or recommendations or, more stringent than those provided that there is scientific justification;
c) With the aim of reaching a higher degree of harmonization, each Party shall follow the guidelines of the relevant international organizations. in respect of the IPPC for health, animal plant health aspects of the OIE and on food safety and tolerance limits shall Codex standards;
d) The Parties shall consider the standards and guidelines of other international organizations of which they are members; and
e) The Parties shall establish harmonized systems in the field of sanitary and phytosanitary diagnostic methods of sampling, inspection and certification of animals, plants, their products and by-products as well as food safety.
Article 8.06. Equivalence
For the purpose of applying more rapidly sanitary and phytosanitary measures in the territory of the Parties and thereby facilitate trade flows, control and inspection procedures shall be applied in accordance with the following principles:
a) Without reducing the appropriate level of protection of human life and health (food safety) and to preserve plant or animal health in their territories, the Parties shall, to the greatest extent possible, the equivalence of their respective sanitary or phytosanitary measures;
b) Each Party shall accept as equivalent Sanitary and Phytosanitary Measures of the other party, even if they differ from a own when it'proving
Objectively scientific information and risk assessment methodologies agreed upon by them, measures to achieve the appropriate level of protection; and
c) In order to establish equivalence between their sanitary and phytosanitary measures, the Parties shall facilitate access to their territories for purposes of inspection, testing and other relevant procedures.
Article 8.07. Risk Assessment and Determination of the Appropriate Level of Sanitary and Phytosanitary Protection
In accordance with the guidelines issued by the relevant international organizations:
a) The Parties shall ensure that their sanitary and phytosanitary measures are based on
An appropriate evaluation to the circumstances of the risks for the protection of human life and health (food safety) and to preserve animal or plant health taking into account the guidelines and risk assessment techniques developed by the relevant international organizations;
b) In assessing the risk of goods, and in establishing its appropriate level of protection, the Parties shall take into account among other factors:
ii) The available scientific and technical information;
ii) The existence of pests or diseases and recognition of disease or pest free areas and areas of low disease or pest prevalence;
iii) The epidemiology of the diseases or pests regulated;
iv) The analysis of the critical control points in the health aspects (food safety) and plant health;
v) The relevant environmental and ecological conditions;
vi) processes and production methods and inspection methods of sampling and testing;
vii) The structure and organisation of sanitary or phytosanitary services;
viii) defence procedures, surveillance, diagnosis and treatment to ensure the safety of the product;
ix) The loss of production or sales in the event of entry, residence or a spread of disease or pest;
x) The applicable quarantine measures and treatments that satisfy the importing Party regarding risk mitigation; and
xi) Costs of control or eradication of the disease or pest in the territory of the importing Party and the cost-effectiveness of alternative methods to reduce the risk;
c) In establishing its appropriate level of protection, the Parties shall take into account the objective of minimizing the negative effects on trade and with the objective of achieving consistency in such levels of protection, shall avoid arbitrary or unjustifiable distinctions that may result in discrimination or constitute a disguised restriction on trade between the parties;
d) Where a party makes a risk assessment and conclude that the scientific information is insufficient, it may adopt a provisional sanitary or phytosanitary measure based on the information available and including from the relevant international organizations and sanitary or phytosanitary measures of the other party. once it has the necessary information, the Party shall conclude the evaluation and, where appropriate, revise the sanitary or phytosanitary measure;
e) The risk analysis to develop a Party shall comply with the deadline previously agreed by the parties. if the results of the analysis implies non-acceptance of the import, shall notify in writing the scientific basis for the decision; and
f) If a party has reason to believe that a sanitary or phytosanitary measure established or maintained by another party restricts or may restrict its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or in the absence of such rules, guidelines or recommendations, may request an explanation of the reasons for such a sanitary or phytosanitary measure and the party to keep this measure will be given within a period of thirty (30) days after the competent authority receives the consultation.
Article 8.08. Recognition of Disease or Pest Free Areas and Areas of Low Disease or Pest Prevalence
1. The Parties shall accord, in accordance with international recommendations, or a disease-free Pest-Free Areas and areas of low or pest, disease prevalence among the main factors, considering the geographical situation, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in the area.
2. The party that an area within its territory is free from a specific disease or pest shall demonstrate objectively to the importing Party that condition and that grant shall be regarded as such, based on the protection measures adopted by the responsible for sanitary or phytosanitary services.
3. The party interested in obtaining recognition of a zone free of pests or diseases and making the request shall provide the relevant scientific and technical information to the other party.
4. The party receiving the request for recognition, shall act in a period agreed with the other party, and may conduct checks for inspection, testing and other relevant procedures. in case of non-acceptance, bring in writing of the reasons for its decision.
5. The Parties shall reach agreements on specific requirements which allows a good produced in an area of low disease or pest prevalence be imported if the appropriate level of protection under paragraph 7 of Annex A to the SPS Agreement.
Article 8.09. Control Procedures, Inspection and Approval
The parties, in accordance with this Chapter, apply the provisions contained in Annex C of amsf, as regards the control procedures, inspection and approval, including the adoption of the use of additives or establishment of tolerances for contaminants in foodstuffs, or beverages in fodder.
Article 8.10. Transparency
1. Each Party shall propose to the adoption or modification of a sanitary or phytosanitary measure of general application at the central level, through their competent authorities shall:
a) Adoption and amendment of such measures. it shall provide information on the same, in accordance with the provisions of Annex B to the SPS Agreement and shall make the pertinent adaptations;
b) The changes or amendments of the sanitary or phytosanitary measures that have a significant effect on trade between the parties, at least sixty (60) days before the Entry into Force of the new provision to allow the other party to make comments. emergency situations shall be exempted from the deadline referred to above, as provided in annex B of amsf;
c) Changes in the field of animal health, as the occurrence of exotic diseases and the list of the OIE, within twenty-four (24) hours following the detection of the problem;
d) Changes in the field of plant health such as the occurrence of quarantine pests or spread of pests under official control within seventy two (72) hours of their verification;
e) The findings of epidemiological importance and significant changes in relation to diseases and pests not listed in subparagraphs (c) and (d) that may affect trade between the parties, within a maximum period of ten (10) days;
f) Disease outbreaks which are scientifically verified grounds as consumption of foodstuffs imported, processed or natural; and
g) The causes or reasons for goods of the exporting Party is rejected.
2. The Parties shall use the notification and information centres established before the SPS Agreement as a communication channel. in case of emergency measures, the Parties shall be notified immediately in writing, indicating briefly the objective and purpose of the measure as well as the nature of the problem.
3. Pursuant to article 17.02 (Information Centre) Each Party shall respond to reasonable requests for information from the other party, and provide the relevant documentation in accordance with the principles set out in paragraph 3 of Annex B of amsf.
Article 8.11. Committee on Sanitary and Phytosanitary Measures
1. The parties establish a Committee on Sanitary and Phytosanitary Measures, as set out in annex 8.11.
2. The Committee shall hear matters relating to this chapter and without prejudice to the provisions of article 18.05 (2) (Committees), shall have the following functions:
a) Promote the necessary facilities for training and specialization of technical staffs;
b) Promote cooperation and exchange of technical cooperation, including in the development, implementation and enforcement of sanitary and phytosanitary measures;
c) Promoting the active participation of the parties in international bodies; and
d) Establish a register of qualified specialists in the areas of food safety, animal and plant health, for purposes of article 18.07 (expert groups).
Chapter 9. Measures of Standardization , Metrology and Authorization Procedures
Article 9.01. Definitions
1. For purposes of this chapter:
TBT Agreement means the Agreement on Technical Barriers to Trade, which is part of the WTO agreement;
Risk assessment: the assessment of potential harm to the legitimate objectives could lead to any goods or service market;
Make compatible: standardization carry different measures adopted by various bodies standardisation, but with the same extent, at a level which are identical or equivalent, have the effect of allowing goods or services are used interchangeably or for the same purpose;
Standardization measures: technical regulations or standards, conformity assessment procedures;
Standard means a document approved by a recognised body that provides for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, or services or related to methods of operation, and with which compliance is not mandatory. it may also include requirements of terminology, symbols, packaging, marking or labelling applicable to goods, services, process or production method or operation, or related exclusively to them;
International Standard: a standard or other guides or recommendations adopted by an international body standardisation and made available to the public;
Objectives: the legitimate national security requirements; the prevention of practices which may lead to mislead consumers, the protection of human health or safety, animal or plant life or health or the environment;
The International Organization for Standardization and Metrology: a standardizing body is open to the relevant bodies of at least every member of the TBT Agreement, including the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), the Codex Alimentarius Commission), the International Organization of Legal Metrology (OIML) and the International Commission on Radiation Units and Measurements (ICRU) or any other body designated by the parties;
Authorisation procedure: any administrative process for the issuance of a compulsory licence, permit register, or any other authority to which a good or service is produced, sold or used for purposes defined or under conditions laid down;
Conformity assessment procedure procedure used any means, directly or indirectly, to determine whether they comply with the relevant requirements set by technical regulations or standards and include sampling, testing and inspection, verification and security; evaluation of conformity; registration, accreditation and adoption, separately or in different combinations;
Technical regulation means a document which lays down the characteristics of the goods or their related processes and production methods, services or characteristics or their related methods of operation, including any applicable administrative provisions; and with which compliance is mandatory. it may also include requirements of terminology, symbols, packaging, marking or labelling applicable to goods, services, process or production method or operation, or related exclusively to them;
Services: those contained in annex 9.01 and other than the parties agree through future negotiations; and
Comparable situation: that guarantees the same level of safety or protection to achieve a legitimate objective.
2. Except as defined in paragraph 1, the Parties shall use the terms contained in the current ISO / IEC guide 2 ", general terms and definitions concerning their standardization and related activities.
Article 9.02. General Provisions
In addition to the provisions of the TBT Agreement, the Parties shall apply the provisions of this chapter.
Article 9.03. Scope of Application
1. The provisions of this chapter shall apply to measures of standardization, metrology and authorization procedures the parties, as well as the related actions that may directly or indirectly affect trade in goods or services between them.
2. The provisions of this chapter does not apply to sanitary and phytosanitary measures.
Article 9.04. Basic Rights and Obligations
The right to adopt measures for Standardisation
1. Each Party shall develop, adopt, implement and maintain:
a) The measures of standardization, metrology and authorization procedures,
As set out in this chapter; and
b) Technical regulations and conformity assessment procedures applicable to them, to ensure the achievement of its legitimate objectives.
Unnecessary obstacles
2. No party shall adopt or maintain measures or apply for standardization, metrology and authorization procedures with the purpose or the effect of creating unnecessary obstacles to trade with the other party.
Non-discriminatory treatment
3. In relation to measures of standardization, metrology and authorization procedures, each Party shall accord to the goods and services suppliers of the other party National Treatment and treatment no less favourable than that accorded to similar similar goods and service suppliers of any other country.
The use of international standards
4. In the development or implementation of its authorization procedures or measures standardization and metrology, each Party shall use international standards or imminent, or their parts, except when such relevant international standards do not constitute an effective or appropriate means for achieving their legitimate objectives because of fundamental climatic factors such as geographical, technological infrastructure, or for reasons scientifically verified.
Article 9.05. Risk Assessment
1. In pursuing its legitimate objectives, each Party shall carry out risk assessments, and in so doing, shall take into account:
a) Risk assessments carried out by international standardisation bodies;
b) The scientific evidence or technical information available;
c) Related processing technology; or
d) To that end uses for the goods or services.
2. Once the level of protection that it considers appropriate to achieve their legitimate objectives, when conducting a risk assessment, each Party shall avoid arbitrary or unjustifiable distinctions between similar goods or services between similar, if such distinctions:
a) Result in arbitrary or unjustifiable discrimination against goods or service providers of another party;
b) Constitute a disguised restriction on trade between the parties; or
c) Discriminate between similar goods or services for the same use under the same conditions that pose the same level of risk and provide similar benefits.
3. A Party shall provide to the other party, at its request, the relevant documentation on its risk-assessment processes, as well as the factors considered for conducting the assessment and in establishing levels of protection in accordance with Article 9.04.
Article 9.06. Compatibility and Equivalence
1. Without prejudice to the rights conferred by this Chapter and taking into account international standardization activities, to the extent possible, the Parties shall make compatible their respective standardization measures without reducing the level of safety or of protection of human life or health, animal or plant, the environment or to consumers.
2. A Party shall take a technical regulation of another party as equivalent to its own where, in cooperation with the other party, the importing Party determines that the technical regulations of the exporting Party adequately comply with the legitimate objectives of the importing Party.
3. At the request of the exporting party and the importing Party shall provide written reasons for not accepting a technical regulation under paragraph 2.
Article 9.07. Conformity Assessment
1. Each Party shall adopt and apply conformity assessment procedures to accord similar like access to goods and services in the territory of the other party under conditions no less favourable than those accorded to its similar goods and services similar to or any other country not party, in a comparable situation.
2. With respect to its conformity assessment procedures, each Party shall be bound to:
a) These procedures shall begin and conclude as quickly as possible and in a non-discriminatory manner;
b) The procedure and shall publish the normal period of each procedure or, upon request, communicate such information to the applicant;
c) the competent body or authority examines without delay, on receipt of an application, whether the documentation is complete and communicates any deficiencies accurately and fully to the applicant; communicates the results of the assessment accurately and fully to the applicant as soon as possible so that corrective action can be taken if necessary; even where the application has deficiencies, proceeds with the conformity assessment as far as practicable, if requested by the applicant; and that, on request, the applicant is informed of the stage of the procedure, with an explanation of any delays;
d) Only the information necessary to assess conformity and calculate the fees;
e) The confidentiality of the information relating to a good or service of the other Party resulting from these procedures or that has been provided to them, is respected in the same manner as in the case of a good or service that party so as to protect the legitimate trade interests;
f) Any fees imposed for assessing the conformity of a good or service of the other party are equitable in relation to those who are otherwise for assessing the conformity of a good or service of that party, taking into account the cost of communications, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body;
g) The location of facilities used in conformity assessment procedures and the selection of samples does not cause unnecessary inconvenience to applicants or their agents;
h) Provided that they alter the specifications of a good or service after having declared its conformity with applicable regulations or technical standards, conformity assessment the modified procedure for the good or service is limited to that necessary due to determine whether there is assurance that the goods and service continues to conform to the technical standards or applicable regulations; and
i) A procedure exists to examine claims relative to the implementation of a conformity assessment procedure and adopt corrective measures if the claim is justified.
3. In order to promote trade facilitation, a Party shall consider favourably, at the request of another party to engage in negotiations for the conclusion of agreements on mutual recognition of the results of their respective conformity assessment procedures.
4. To the extent possible, each Party shall accept the results of conformity assessment procedures conducted in the territory of another Party provided that offer satisfactory guarantees, equivalent to that provided the procedures that the party accepting or in its territory and whose outcome that accepts goods or service complies with the applicable technical regulation or standard adopted or maintained in the territory of that Party.
5. Prior to accepting the results of a conformity assessment procedure in accordance with paragraph 4, and with the aim of strengthening the sustained reliability of the results of conformity assessment, each of the Parties may consult on matters such as the technical competence of the conformity assessment bodies concerned, including verified compliance with relevant international standards through such means as accreditation.
6. In recognition that this should be to the mutual benefit of the Parties concerned, each Party shall accredit, approve or otherwise recognise conformity assessment bodies in the territory of another Party on conditions no less favourable than those accorded to such bodies in its territory.
7. For conformity assessment procedures, the Parties may use the technical infrastructure and capacity of accredited bodies established in the territory of the Parties.