1. If requested by the competent authority of a Party, information, documents and other materials obtained in the framework of technical cooperation shall be treated as confidential.
2. Information, documents and other materials exchanged in the framework of mutual assistance shall always be treated as confidential by the Parties.
3. In the cases provided for in paragraphs 1 and 2, each Party shall grant a level of protection, in terms of confidentiality, similar to that applied to the same type of information, documents and other materials in its territory.
Article 5.13. EXPERTS OR EXPERTS
The delegated officials of the requested Party may be authorized to appear, within the limits of such authorization and in accordance with its legislation, as experts or experts in administrative proceedings or judicial processes, with respect to the matters regulated in this Chapter and to produce such objects, documents or certified copies thereof as may be necessary for the proceedings. The request for appearance shall specifically state the judicial or administrative authority before which the official is to appear, and on what matters and by virtue of what title or capacity the official is to be questioned.
Article 5.14. COSTS
The competent authorities shall waive any claim for reimbursement of costs and/or expenses incurred in the execution of the requests provided for in this Chapter, except those related to experts or experts, which shall be borne by the requesting authority.
Article 5.15. DEFINITIONS
For the purposes of this Chapter:
competent authority means:
(a) for the case of Colombia, the Dirección de Impuestos y Aduanas Nacionales (DIAN); and
(b) in the case of Costa Rica, the National Customs Service, or its successors;
requested authority means the competent authority from which cooperation or assistance is requested;
requesting authority means the competent authority that is requested to cooperate or assist;
information means documents, reports or other communications in any format, including electronic, as well as certified copies thereof;
customs infringement means any violation or attempted violation of customs legislation, whether administrative, fiscal or any other in accordance with the laws of each Party; and
customs legislation means any law, regulation or other legal instrument applicable in the territory of each Party governing the entry, exit, transit of goods, and their placing under any customs procedure, including, inter alia, measures of prohibition, restriction and control.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. OBJECTIVES
The objectives of this Chapter are:
(a) to protect human and animal life and health and to preserve plant health in the territories of the Parties;
(b) to ensure that sanitary and phytosanitary measures (hereinafter referred to as "SPS measures") do not constitute unjustified barriers to trade between the Parties;
(c) establish mechanisms and procedures aimed at resolving in a timely manner problems arising between the Parties as a result of the development and implementation of SPS measures;
(d) strengthen communication and collaboration between the competent authorities of the Parties on sanitary and phytosanitary matters aimed at improving mutual understanding and implementation of the Parties' SPS measures; and
(e) collaborate in the further implementation of the SPS Agreement.
Article 6.2. SCOPE OF APPLICATION
This Chapter applies to all SPS measures that directly or indirectly affect or may affect trade between the Parties.
Article 6.3. RIGHTS AND OBLIGATIONS OF THE PARTIES
The Parties reaffirm their rights and obligations under the SPS Agreement, taking as a reference the guidelines, procedures and standards of the Codex Alimentarius, the International Plant Protection Convention (hereinafter referred to as "IPPC") and the World Organization for Animal Health (hereinafter referred to as "OIE").
Article 6.4. RISK ASSESSMENT AND DETERMINATION OF THE APPROPRIATE LEVEL OF SANITARY AND PHYTOSANITARY PROTECTION
1. SPS measures applied by the Parties shall be based on an assessment appropriate to the circumstances of the risks to human, animal and plant life and health, taking into account the technical and scientific information generated by the Parties, the technical and scientific information generated by the Parties, the information available to the Parties, the scientific information generated by the Parties, as well as the standards, guidelines and recommendations of international reference organizations.
2. The Parties shall prioritize, in accordance with their legislation, the conduct of risk assessment for the establishment of SPS measures. For these purposes, the competent authorities of the Parties shall maintain close communication at each stage of the risk analysis process in order to expedite it and avoid undue delays.
3. The establishment of SPS measures derived from a risk assessment shall not become disguised restrictions on trade between the Parties.
Article 6.5. ADAPTATION TO REGIONAL CONDITIONS INCLUDING PEST OR DISEASE FREE AREAS AND AREAS OF LOW PEST OR DISEASE PREVALENCE
1. Parties shall recognize pest or disease free areas and areas of low pest or disease prevalence in accordance with the SPS Agreement, OIE and IPPC standards, recommendations or guidelines.
2. Parties recognize the recommendations expressed in the standards on compartmentalization established by the OIE and on pest freedom established by the IPPC.
3. If a Party does not recognize the determination of pest or disease free areas or areas of low pest or disease prevalence made by the other Party, it shall justify the technical and/or scientific reasons for such refusal in a timely manner, in order to evaluate a possible alternative solution.
Article 6.6. CONTROL, INSPECTION AND APPROVAL PROCEDURES
The Parties shall establish inspection, control and approval procedures taking into consideration Article 8 and Annex C of the SPS Agreement.
Article 6.7. TRANSPARENCY
1. The Parties shall be governed in accordance with the provisions of Annex B of the SPS Agreement.
2. In addition:
(a) shall notify the competent authority of information on product rejections, including the justification on which they were based;
(b) notify the competent authority of the exporting Party of situations of non-compliance in the certification of export products subject to the application of SPS measures, including as much information as possible, as well as the reasons for their rejection;
(c) immediately notify any change in their sanitary and phytosanitary status, including findings of epidemiological significance that may affect trade between the Parties;
(d) report, upon request of a Party, product-specific SPS measures and/or the status of pending processes and measures regarding applications for product access; and
(e) provide timely notification of SPS measures and approval of exporting products and establishments.
3. Notifications shall be made in writing to the points of contact established in accordance with this Chapter. Written notification shall mean notifications by mail, facsimile or electronic mail.
4. When an amendment to an SPS measure has a significant effect on trade between the Parties, the Parties shall mutually agree on mechanisms to prevent the interruption of the flow of trade while such amendments are adopted and implemented.
5. The Parties shall also make their best efforts to improve mutual understanding of SPS measures and their implementation, and shall exchange information on matters relating to the development and implementation of SPS measures that affect or may affect trade between the Parties, with a view to minimizing their negative effects on trade.
Article 6.8. EQUIVALENCE
The recognition of equivalence of SPS measures may be granted considering the standards, guidelines and recommendations established by the competent international organizations and the decisions adopted by the Committee on Sanitary and Phytosanitary Measures of the WTO on the matter.
Article 6.9. COOPERATION AND TECHNICAL ASSISTANCE
The Parties may develop actions and/or programs of common interest in the area of cooperation and technical assistance.
Article 6.10. TECHNICAL CONSULTATIONS
1. The Parties shall promote active interaction between the competent authorities with a view to preventing unjustified restrictions on trade, achieving mutual understanding, and address issues related to the implementation of SPS measures, through the use of different means such as e-mails, telephone calls, official letters, among others.
2. In the event that the competent authorities do not reach an understanding regarding the application of an SPS measure that one of the Parties considers contrary to the obligations of this Chapter, it may request technical consultations within the framework of the Committee established in Article 6.11.
3. Unless otherwise agreed by the Parties, where a dispute is the subject of consultations in the Committee under the preceding paragraph, such consultations shall replace those provided for in Article 18.4 (Consultations) of this Agreement. Consultations in the Committee shall be deemed concluded within 60 days from the date of submission of the request, unless the Parties agree to continue such consultations.
Article 6.11. COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES
1. The Parties establish the Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the "Committee"), composed of the competent national authorities of each Party, for the purpose of addressing issues relating to the application of this Chapter.
2. The functions of the Committee shall include, inter alia:
(a) monitoring the implementation and application of established SPS measures;
(b) reporting to the Commission on the implementation and administration of this Chapter, as appropriate;
(c) serve as a forum to discuss problems related to the development or application of SPS measures that affect or may affect trade between the Parties in order to establish solutions and determine the time frame for addressing them;
(d) attend to consultations arising from Article 6.10;
(e) promote cooperation, technical assistance, training, and the exchange of information on sanitary and phytosanitary matters;
(f) consult on the position of the Parties on matters to be discussed at meetings of the WTO Committee on Sanitary and Phytosanitary Measures, Codex Alimentarius committees and other fora of interest to the Parties; and
(g) deal with any other matter related to this Chapter.
3. Unless the Parties agree otherwise, the Committee shall meet at least once a year, on the date and according to the agenda previously agreed. The first meeting of the Committee shall be held no later than six months after the date of entry into force of this Agreement. Extraordinary meetings of the Committee may be held by mutual agreement of the Parties.
4. The meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting.
5. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall elaborate its working rules during its first meeting.
6. All decisions of the Committee shall be taken by mutual agreement.
Article 6.12. COMPETENT NATIONAL AUTHORITIES
The following national authorities are responsible for the implementation of this Agreement:
(a) for Colombia, the Ministry of Commerce, Industry and Tourism, as coordinator, the Ministry of Agriculture and Rural Development, the Colombian Agricultural Institute (ICA), the Ministry of Health and Social Protection, and the National Institute for the Surveillance of Drugs and Food (INVIMA); and
(b) for Costa Rica, the Ministry of Foreign Trade, as coordinator, the Ministry of Agriculture and Livestock, and the Ministry of Health.
Article 6.13. CONTACT POINTS
1. The points of contact are:
(a) for Colombia, the Ministry of Commerce, Industry and Tourism, the Colombian Agricultural Institute (ICA), and the National Institute for the Surveillance of Medicines and Food (INVIMA); and
(b) for Costa Rica, the Dirección General de Comercio Exterior del Ministerio de Comercio Exterior, the Servicio Fitosanitario del Estado del Ministerio de Agricultura y Ganadería, the Servicio Nacional de Salud Animal del Ministerio de Agricultura y Ganadería, and the Ministerio de Salud.
2. The Parties shall exchange information regarding the contact points established at the entry into force of this Agreement and shall communicate any changes thereto.
Article 6.14. SETTLEMENT OF DISPUTES
Once the consultation procedure under Article 6.10 has been exhausted, a Party that is not satisfied with the outcome of such consultations may have recourse to the dispute settlement procedure set out in Chapter 18 (Dispute Settlement).
Chapter 7. TECHNICAL BARRIERS TO TRADE
Article 7.1. OBJECTIVES
The objectives of the Chapter are to facilitate and increase trade in goods and to obtain effective access to the market of the Parties, through a better implementation of the TBT Agreement, avoiding the creation or promoting the elimination of unnecessary technical barriers to trade, as well as to promote cooperation between the Parties in matters covered by this Chapter.
Article 7.2. SCOPE OF APPLICATION
1. This Chapter applies to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures, including those relating to metrology, of each Party that may directly or indirectly affect trade in goods.
2. Notwithstanding paragraph 1, this Chapter does not apply to:
(a) sanitary and phytosanitary measures, which shall be covered by Chapter 6 (Sanitary and Phytosanitary Measures); and
(b) procurement specifications established by governmental bodies for the production or consumption needs of governmental bodies, which shall be governed by Chapter 10 (Government Procurement).
Article 7.3. RIGHTS AND OBLIGATIONS OF THE PARTIES
The Parties reaffirm their rights and obligations under the TBT Agreement, which is incorporated into and forms an integral part of this Agreement, mutatis mutandis.
Article 7.4. TRADE FACILITATION
1. The Parties shall seek to identify, develop, and promote trade facilitation initiatives relating to standards, technical regulations, and conformity assessment procedures, taking into consideration the Parties' respective experience in other appropriate bilateral, regional, or multilateral agreements.
2. The initiatives referred to in paragraph 1 may include:
(a) intensifying joint cooperation to facilitate access to their markets and increase knowledge and understanding of their respective systems;
(b) simplifying administrative procedures and requirements established by a technical regulation;
(c) working toward the possibility of converging, aligning, or establishing equivalence of technical regulations and conformity assessment procedures;
(d) use accreditation or designation as a tool to recognize conformity assessment bodies established in the territory of the other Party in accordance with internationally accepted practices and standards;
(e) promote and facilitate cooperation and exchange of information between public or private bodies of the Parties;
(f) to promote convergence or harmonization with international standards, to recognize and accept the results of conformity assessment procedures, as well as the supplier's declaration of conformity, and to use accreditation to qualify conformity assessment bodies, as well as cooperation through mutual recognition agreements.
3. When a Party detains at the port of entry a good originating in the territory of the other Party by virtue of having perceived non-compliance with a technical regulation, it shall immediately notify the importer of the reasons for the detention.
Article 7.5. REFERENCE STANDARDS
1. The Parties shall use international standards, guidelines, and recommendations as a basis for the development of their technical regulations, except where such international standards would be an ineffective or inappropriate means for the achievement of the legitimate objective pursued. Where international standards have not been used as a basis for the development of its technical regulations, at the request of a Party, the other Party shall explain the reasons.
2. In determining whether an international standard, guide or recommendation within the meaning of Article 2, Article 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations under Articles 2 and 5 and Annex 3 of the Agreement, adopted on November 13, 2000 by the Committee on Technical Barriers to Trade.
3. Each Party shall encourage its national standardizing bodies to cooperate with the relevant national standardizing bodies of the other Party in international standardization activities. Such cooperation may be effected through the activities of the Parties in regional and international standardizing bodies of which the Parties are members.
4. The Parties shall exchange information on the use of standards in connection with technical regulations and shall ensure, to the extent possible, that standards referenced in an indicative manner in draft technical regulations are provided upon request by the other Party.
5. The Parties shall recommend, as appropriate, that nongovernmental standardizing bodies located in their territory comply with the provisions of this Article.
Article 7.6. TECHNICAL REGULATIONS
1. Each Party shall favorably consider accepting as equivalent the technical regulations of the other Party, even if they differ from its own, provided that it is satisfied that they adequately fulfill the legitimate objectives of its own technical regulations.
2. When a Party does not accept a technical regulation of the other Party as equivalent to one of its own, it shall, at the request of the other Party, explain the reasons for its decision.
3. At the request of a Party that has an interest in developing a technical regulation similar to the other Party's technical regulation and to minimize duplication of costs, the other Party shall provide any available information, technical or risk assessment studies or other relevant documents on which it has based the development of that technical regulation, except for confidential information.
4. The Parties shall cooperate on regulatory matters by encouraging closer regulatory agencies to establish more compatible, transparent and simpler regulations and to reduce unnecessary barriers to trade.
Article 7.7. CONFORMITY ASSESSMENT
1. The Parties recognize that a wide range of mechanisms exist to facilitate the acceptance in the territory of one Party of the results of conformity assessment procedures conducted in the territory of the other Party. In particular, the Parties agree, among other mechanisms, to the following:
(a) acceptance by the importing Party of the supplier's declaration of conformity;
(b) the recognition of voluntary agreements between conformity assessment bodies in the territory of the Parties;
(c) acceptance of the results of conformity assessment procedures by bodies located in the territory of the other Party with respect to specific technical regulations;
(d) the acceptance of internationally recognized accreditation procedures to qualify conformity assessment bodies located in the territory of another Party; and
(e) the designation of conformity assessment bodies located in the territory of another Party.
2. The Parties shall intensify the exchange of information in relation to these and similar mechanisms to facilitate the acceptance of results of conformity assessment procedures.
3. In the event that a Party does not accept the results of a conformity assessment procedure carried out in the territory of the other Party, the latter shall, upon request of that other Party, explain the reasons for its decision.
4. Each Party shall accredit, license, or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those accorded to conformity assessment bodies in its territory. If a Party accredits, authorizes, or otherwise recognizes a body assessing conformity to a specific standard or technical regulation in its territory and refuses to accredit, authorize, or otherwise recognize a body assessing conformity to that same standard or technical regulation in the territory of the other Party, the other Party shall, on request of that other Party, explain the reasons for its decision.
5. The Parties may enter into negotiations aimed at the conclusion of agreements on mutual recognition of the results of their respective conformity assessment procedures, following the principles of the TBT Agreement. In the event that a Party does not agree to enter into such negotiations, it shall, at the request of that other Party, explain the reasons for its decision.
Article 7.8. TRANSPARENCY
Each Party shall transmit electronically to the other Party's contact point established under Article 10 of the TBT Agreement, at the same time it submits its notification to the WTO Central Registry of Notifications under the TBT Agreement:
(a) its draft technical regulations and conformity assessment procedures; and
(b) technical regulations and conformity assessment procedures adopted to address urgent safety, health, environmental protection or national security problems that arise or threaten to arise under the terms of the TBT Agreement.
2. Each Party shall publish on the website of the competent national authority those technical regulations and conformity assessment procedures that are consistent with the technical content of any relevant international standard. This publication shall remain publicly available as long as such technical regulations and conformity assessment procedures are in force.
3. Each Party shall allow a period of at least 60 days from the date of the notification referred to in paragraph 1(a) for the other Party to provide written comments on the proposal. A Party shall give sympathetic consideration to reasonable requests for an extension of the time period for comment.
4. Each Party shall publish or make publicly available, either in printed or electronic form, its responses to significant comments it receives from the other Party under paragraph 3 no later than the date on which it publishes the final version of the technical regulation or conformity assessment procedure.
5. The notification of draft technical regulations and conformity assessment procedures shall include an electronic link to, or a copy of, the full text of the notified document.
6. A Party shall, on request of the other Party, provide information about the objective and basis of the technical regulation or conformity assessment procedure that such Party has adopted or proposes to adopt.
7. The Parties agree that the period between publication and entry into force of technical regulations and conformity assessment procedures shall be not less than six months, unless this period is impracticable to achieve their legitimate objectives. The Parties shall give favorable consideration to reasonable requests for extension of the period.
8. The Parties shall ensure that all technical regulations and conformity assessment procedures adopted and in force are publicly available on a free official website, in such a way that they are easily located and accessible.
9. Each Party shall implement the provisions of paragraph 4 as soon as practicable and in no case later than three years after the entry into force of this Agreement.
Article 7.9. TECHNICAL COOPERATION
1. At the request of a Party, the other Party shall give sympathetic consideration to any sector-specific proposal that the requesting Party makes to promote further cooperation under this Chapter.
2. The Parties agree to cooperate and provide technical assistance in the field of standards, technical regulations and conformity assessment procedures, including metrology, with a view to facilitating access to their markets. In particular, the Parties shall consider the following activities, among others:
(a) furthering the implementation of this Chapter;
(b) promoting the implementation of the TBT Agreement;
(c) strengthening the capacities of their respective standardizing bodies, technical regulations, conformity assessment, metrology, and information and notification systems under the TBT Agreement, including the training and education of human resources;
(d) increase participation in international organizations, including those of a regional nature, related to standardization, technical regulation, conformity assessment and metrology; and
(e) promote agreement on common views on good regulatory practices such as transparency, the use of equivalence and regulatory impact assessment, and the use of mechanisms to facilitate acceptance of the results of conformity assessment procedures conducted in the territory of the other Party.
Article 7.10. TECHNICAL CONSULTATIONS
1. The Parties shall make every effort to reach a mutually satisfactory solution on the consultations referred to in Article 7.11.2(g) within 30 days.
2. Unless the Parties agree otherwise, where a dispute is the subject of consultations in the Committee under Article 7.11.2(g), such consultations shall replace those provided for in Article 18.4 (Consultations) of this Agreement.
Article 7.11. COMMITTEE ON TECHNICAL BARRIERS TO TRADE
1. The Parties hereby establish the Committee on Technical Barriers to Trade (hereinafter referred to as the "Committee"), composed of representatives of each Party and coordinated in accordance with Annex 7-A.