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 in accordance with 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 and diseases or spread of pests and diseases under official control within seventy two (72) hours of their verification;
e) The findings of epidemiological importance and significant changes in relation to pests and diseases not included 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 amsf 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 (18.02 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 article 1905 (2) (Committees), shall have the following functions:
a) Promote the necessary facilities for training and specialization of technical staffs;
b) Promoting the active participation of the parties in international bodies; and
c) Establish and maintain a roster of qualified specialists in the areas of food safety, animal and plant health, for purposes of article (1907) expert groups.
Article 8.12. Technical Cooperation
The Parties shall provide the other party with information and advice, technical cooperation, on mutually agreed terms and conditions to strengthen their sanitary and phytosanitary measures, as well as their activities, processes and systems in this field.
The Committee on Sanitary and Phytosanitary Measures established in Article 8.11 (1), shall comprise:
a) In the case of Costa Rica, the Ministry of Foreign Trade and the entities responsible for sanitary and phytosanitary measures that designates the Ministry, or their successors;
b) In the case of El Salvador, the Ministry of Economy, the Ministry of Agriculture and the Ministry of Health and Social Welfare, or their successors;
c) In the case of Guatemala, the Ministry of Economy, the Ministry of Agriculture and Food and the Ministry of Health and Social Welfare, or their successors;
d) In the case of Honduras, the Ministry of Trade and Industry, the Ministry of Health and the Ministry of Agriculture and Livestock, or their successors;
e) In the case of Nicaragua, the Ministry of Industry, Trade and Development, the Ministry of Agriculture and Forestry and the Ministry of Health, or their successors; and
f) In the case of Panama, the Ministry of Trade and Industries through the Vice-Ministry of Foreign Trade, Ministry of Agricultural Development and the Ministry of Health or their successors.
Chapter 9. STANDARDIZATION MEASURES, METROLOGY AND APPROVAL 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 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 compliance with the relevant requirements stipulated
For technical regulations or standards, including sampling, testing and inspection, verification and security; evaluation of conformity; registration, accreditation and adoption, either separately or in different combinations;
Administrative refusal: actions taken by a body of public administration of the importing Party, in the exercise of its powers, to prevent the entry into its territory a shipment of or the provision of a service, for breach of technical regulations and conformity assessment procedures and metrology;
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 means any service subject to measures of standardization, metrology and authorization procedures in accordance with article 9.12 (G).
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. The right to adopt measures for Standardisation
Article 9.04 . Basic Rights and Obligations
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 suppliers of the other 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 and metrology, to the extent possible, the Parties shall make compatible their respective measures of standardization and metrology, 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 accept a technical regulation of the other 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 review without delay upon receipt of an application if the documentation is complete and communicate to the Applicant all deficiencies precise and complete; transmits to the applicant as soon as possible the results of the assessment in a complete and precise so that corrective action can be taken if necessary; even when the application to continue this deficiencies, conformity assessment as far as practicable, if the applicant so requests; and, upon request, inform the applicant of the stage of the proceedings, explaining 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 to determine whether there is assurance that due the good or 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 the other 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 the other Party provided that offer satisfactory guarantees, equivalent to that provided the procedures that the party accepting or in its territory and whose outcome accepts that the good 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 of the fact that it would be in the mutual benefit of the parties involved, each Party shall adopt or otherwise recognise the
Conformity assessment bodies in the territory of the other party under conditions no less favourable than those accorded to those 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.
Article 9.08 . Authorization Procedures
1. Each Party shall adopt and apply authorization 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. In relation to its approval 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 review without delay upon receipt of an application if the documentation is complete and communicate to the Applicant all deficiencies precise and complete; transmits to the applicant as soon as possible the results of the authorisation of a complete and precise so that corrective action can be taken if necessary even when the application; this deficiencies, proceed with the authorization as far as practicable, if the applicant so requests; and, upon request, inform the applicant of the stage of the proceedings, explaining any delays;
d) Only the information necessary to permit 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) The rights that are imposed by the authorization procedure for a good or service of the other party are equitable in relation to receive from the authorization procedure for 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 authorization procedure; and
g) A procedure exists to examine claims relative to the implementation of an authorization procedure and adopt corrective measures if the claim is justified.
Article 9.09. Metrology
Each Party shall, as far as possible, of their documented traceability standards and the calibration of measuring instruments, as recommended by the International Bureau of Weights and Measures (BIPM) and the International Organization of Legal Metrology (OIML), in accordance with the principles set out in this chapter.
Article 9.10 . Notification
1. In cases where there is no relevant international standard or where the technical content of a technical regulation or conformity assessment procedure applicable to a technical regulation in project is not in conformity with the technical content of the relevant international standards, and provided that such a technical regulation may have a significant effect on trade between the parties, each Party shall notify the other party in writing of the proposed measure at least sixty (60) days prior to its adoption so as to enable interested parties during this period and submit comments and consultations so that the notifying party may take into account.
2. If a Party is cause or threaten plantéarsele urgent problems of safety, health, environmental protection or national security, that Party may omit prior notification to the project but, once adopted shall notify the other party.
3. The notifications under paragraphs 1 and 2 shall be conducted in accordance with the formats established in the TBT Agreement.
4. Within thirty (30) days following the entry into force of this Treaty, each Party shall notify the other party of the institution designated to carry out the notifications under this article.
5. Each Party shall report annually in writing to the other party of its standardization plans and programmes.
6. When a Party administratively refuses a shipment or the provision of services, it shall without delay and in writing to the person of lading or the service provider, the technical justification for rejection.
7. Once generated the information referred to in paragraph 5, the Party shall immediately provide the information centre of the other party.
Article 9.11 . Information Centers
1. Each Party shall ensure that an information centre in its territory able to answer questions and all reasonable requests of the Party and other interested persons and provide the relevant documentation update under any measure of standardization, metrology, conformity assessment procedures or authorization procedures adopted or proposed in its territory by government agencies or non-governmental.
2. Each Party designates the information as specified in annex 9.11 (2).
3. Where an information centre requests copies of the documents referred to in paragraph 1 shall be provided free of charge. Interested persons of the other party
A Party shall provide copies of documents at the same price as nationals of the party, the actual cost of shipment.
Article 9.12. Committee of Standardization, Metrology and Authorization Procedures
1. The Parties shall establish the Committee of standardization, metrology and authorization procedures as set out in annex 9.12.
2. The Committee shall hear matters relating to this chapter and without prejudice to article 1905 (2) (Committees), shall have the following functions:
a) Analysis and propose solutions to those measures of standardization, metrology and authorization procedures that a Party considers a technical obstacle to trade;
b) Facilitating the process by which the parties make compatible their measures of standardization and metrology, giving priority to, inter alia, the packaging and labelling and packaging;
c) Promote technical cooperation activities between the parties;
d) To assist in risk assessments carried out by the parties;
e) Work to develop and strengthen standardization and metrology measures of the Parties;
f) Facilitating the process by which the parties shall provide mutual recognition agreements; and
g) At the request of a Party, evaluate and recommend to the Commission for its approval, including sectors or sub-sectors of services subject to measures of standardization, metrology and authorization procedures.
The designation shall be made through a decision of the Commission.
Article 9.13. Technical Cooperation
1. Each Party shall promote technical cooperation of its agencies of standardization and metrology, providing information or technical assistance to the extent possible and on mutually agreed terms, in order to assist in the implementation of this chapter and strengthen activities, processes, systems and measures of standardization and metrology.
2. The Parties shall undertake joint efforts to manage technical cooperation from countries not party.
Part IV. Investment, Services and Related Matters
Chapter 10.
Section A. Investment
1. This chapter applies to measures adopted or maintained by a Party relating to:
a) Investors of the other party in all matters relating to their investment;
b) Investments of investors of the other party in the territory of the Party;
c) All investments of investors of a Party in the territory of the other party with respect to article 10.07 hours.
2. This chapter does not apply to measures adopted or maintained by a Party relating to:
a) Financial services;
b) The measures taken by a party to restrict the participation of investments of investors of the other party in its territory for reasons of public order or national security;
c) Economic activities reserved for each Party in accordance with its legislation in force at the date of signature of this Treaty, which are listarán in Annex III relating to economic activities reserved to each party;
d) Government services or functions such as law enforcement services, social rehabilitation, pension or unemployment insurance or social security services, social welfare, education, training and public health care or protection of children;
e) Claims or disputes arising prior to the entry into force of this Treaty, or related events which occurred prior to its entry into force, even if their effects are still thereafter.
3. This chapter applies across the territory of the Parties and at any level of Government despite inconsistent measures that may exist in the laws of such levels of government.
4. Notwithstanding paragraph 2 (d), if an investor of a Party, being duly authorized, or services carried out functions such as social rehabilitation services, pension or unemployment insurance or social security services, social welfare, education, training and public health care or protection of children, of investments that investor shall be protected by the provisions of this chapter.
5. This chapter covers both existing investments at the date of entry into force of this Treaty as well as to investments made or acquired thereafter.
1. Each Party shall accord to investors of the other party treatment no less favourable than that accorded in like circumstances to its own investors with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments.
2. Each Party shall accord to investments of investors of the other party treatment no less favourable than that it accords, in like circumstances, to its own investments of investors with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments.
1. Each Party shall accord to investors of the other party treatment no less favourable than that accorded to investors in like circumstances of any other party or of a non- party with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments.
2. Each Party shall accord to investments of investors of the other party treatment no less favourable than that accorded in like circumstances to investments of investors of any other party or of a non- party with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments.