5. If the requested administration does not have the requested information, it shall, in accordance with its national law and available resources, exhaust all possibilities and make every effort, as provided in paragraph 1.
Article 5.8. Archives, Documents and other Materials
1. Upon request, the requested administration may certify copies of the requested documents, in case it cannot provide the originals when its national legislation prevents it from doing so.
2. Any information to be exchanged under this Chapter may be accompanied by additional information that is relevant to its interpretation or use.
Article 5.9. Use of Information
The information, documents and other materials received under this Chapter shall be used only for the purposes set forth in this Chapter, and subject to such restrictions as may be established by the required administration, consistent with the provisions of this Chapter.
Article 5.10. Confidentiality
1. If requested by the requested administration, information, documents and other materials obtained by the requesting administration in the course of mutual assistance under this Chapter shall be treated as confidential. In this case, they shall be accorded the same protection with respect to confidentiality that applies to the same type of information, documents, and other materials in the territory of the Party of the requesting administration.
2. Said information shall be used or disclosed only for the purposes set forth in this Chapter, including in those cases in which it is required within the framework of administrative, judicial or investigative processes carried out by the competent authority or whoever corresponds. The information may be used or disclosed for other purposes or by other authorities, only in the event that the requested administration expressly authorizes it in writing.
Article 5.11. Costs
1. 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, which shall be bome by the requesting administration.
2. Should it be necessary to incur costs and/or expenses of a considerable or extraordinary nature in order to execute the request, the competent authorities shall consult on the terms and conditions under which the request will be executed, as well as the manner in which these will be assumed.
Article 5.12. Joint Cooperation
1. The Parties shall promote joint cooperation for the development, application, implementation and improvement of all matters related to this Chapter, in particular, customs procedures, customs valuation, customs regimes, tariff nomenclature, and matters relating to free zones or special economic zones, as well as provide a forum for consultation and discussion on such matters.
2. A Party may request all records and documents relating to a good and/or a joint visit to a free zone or special economic zone, if it becomes aware that a good for which an importer in its territory has claimed preferential tariff treatment under another trade agreement has undergone further processing or other operations other than unloading, reloading or other operations necessary for the preservation of the good in good condition or transport to the territory of such Party, during transit, tansshipment or storage in such free zone or special economic zone.
Article 5.13. Definitions
For the purposes of this Chapter:
requested administration means the competent authority from which cooperation or assistance is requested; requesting administration means the competent authority requesting cooperation or assistance; competent authority means:
(a) for the case of Costa Rica: the National Customs Service; and
(b) in the case of Peru: the Ministry of Foreign Trade and Tourism (MINCETUR) and/or the National Superintendency of Tax Administration (SUNAT),
or their successors;
unlawful and customs infringement means any non-compliance or attempted non-compliance with the customs legislation of each Party, which may be administrative, tax or criminal;
information means documents, reports or other communications in any format, including electronic, as well as certified or authenticated copies thereof, and
customs legislation means any legal provision administered, applied or enforced by the customs authority of each Party, including that which regulates the exit, entry or transit of goods in all or part of its territory, free zones or special economic zones, regardless of the name by which each Party designates such zones.
Chapter 6. Sanitary and Phytosanitary Measures
Article 6.1. Scope of Application
This Chapter applies to all sanitary and phytosanitary measures that may directly or indirectly affect trade between the Parties, including food safety, the exchange of animals, animal products and by-products, plants, plant products and by-products in accordance with the WTO SPS Agreement, the Codex Alimentarius Commission, the World Organization for Animal Health (hereinafter OIE) and the Internationa! Plant Protection Convention (hereinafter IPPC).
Article 6.2. Objectives
The objectives of this Chapter are: to protect human, animal and plant life and health in the territories of the Parties, to facilitate and increase trade between the Parties by addressing and resolving problems arising from the application of sanitary and phytosanitary measures, to collaborate in the further implementation of the WTO SPS Agreement and to create a Committee to address in a transparent manner issues related to sanitary and phytosanitary measures and to promote the continuous improvement of the sanitary and phytosanitary situation of the Parties.
Article 6.3. Reaffirmation of the WTO SPS Agreement
The Parties reaffirm their existing rights and obligations under the WTO SPS Agreement.
Article 6.4. Rights and Obligations of the Parties
1. The Parties may adopt, maintain or apply their sanitary or phytosanitary measures to achieve an appropriate level of sanitary or phytosanitary protection provided that they are based on scientific principles.
2. The Parties may establish, apply or maintain sanitary or phytosanitary measures with a higher level of protection than that which would be achieved by the application of a measure based on an intemational standard, guideline or recommendation, provided that there is scientific justification for doing so.
3. The Parties shall ensure that their sanitary and phytosanitary measures do not constitute a disguised restriction on trade or create unnecessary barriers to trade.
Article 6.5. Equivalence
1. The recognition of equivalence of sanitary and phytosanitary measures may be given considering the standards, guidelines and recommendations established by the competent intemational organizations and the decisions adopted by the Committee on Sanitary and Phytosanitary Measures of the WTO on the matter.
2. A Party shall accept as equivalent the sanitary or phytosanitary measures of the other Party, even if they differ from its own, provided that they are shown to achieve the other Party's appropriate level of protection, in which case reasonable access for inspections, tests and other necessary procedures shall be provided.
3. The Parties in the Committee established in Article 6.11 shall define the mechanisms for evaluating and, if necessary, accepting the equivalence of sanitary and phytosanitary measures.
Article 6.6. Risk Assessment and Determination of the Appropriate Level of SPS Protection
1. The sanitary and phytosanitary measures applied by the Parties shall be based on an assessment appropriate to the circumstances of the risks to human, animal or plant life or health, including products and by- products, taking into account the relevant standards, guidelines and recommendations of the competent international organizations.
2. The establishment of appropriate levels of protection shall take into account the objective of protecting human, animal and plant health, while facilitating trade by avoiding arbitrary or unjustified distinctions that could become disguised restrictions.
3. The Parties shall provide each other with the necessary facilities for the evaluation, when required, of sanitary and phytosanitary services, based on the guidelines and recommendations of international organizations or other procedures mutually agreed upon by the Parties.
4. In this regard, the Parties agree to instruct the Committee established in Article 6.11 to determine the actions and procedures to expedite the process of sanitary and phytosanitary risk assessment.
Article 6.7. Adaptation to Regional Conditions with Inclusion of Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence
1. In assessing the sanitary or phytosanitary characteristics of a region, the Parties shall take into account, inter alia, the level of prevalence of specific diseases or pests, the existence of eradication or control programs, and appropriate criteria or guidelines that may be developed by competent international organizations.
2. Parties shall recognize pest- or disease-free areas and areas of low pest or disease prevalence in accordance with the WTO SPS Agreement, OIE and IPPC recommendations and/or guidelines.
3. In determining such areas, the Parties shall consider factors such as geographic location, ecosystems, epidemiological surveillance, and effectiveness of sanitary and phytosanitary controls, among other technically and scientifically justified considerations, which provide the necessary evidence to objectively demonstrate to the other Party that such areas are and are likely to remain pest or disease free areas or areas of low prevalence. For this purpose, reasonable access shall be provided, upon request to the other Party, for inspection, testing and other relevant procedures.
4. The Parties recognize the recommendations expressed in the standards on compartmentalization established by the OIE.
5. The Committee established in Article 6.11 shall develop an appropriate procedure for the recognition of pest or disease free areas and areas of low prevalence, taking into account intemational standards, guidelines or recommendations.
6. 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 scientific reasons for such refusal in a timely manner.
Article 6.8. Inspection, Control and Approval
The Parties shall establish inspection, control and approval procedures taking into consideration Article 8 and Annex C of the WTO SPS Agreement.
Article 6.9. Transparency
1. The Parties shall apply sanitary and phytosanitary measures in a transparent manner. For these purposes, the Parties shall notify each other of such measures in accordance with Annex B of the WTO SPS Agreement.
2. Additionally, the Parties shall notify each other:
(a) the application of emergency measures or modification of measures already in force within a period not exceeding three (3) days, in accordance with the provisions of Annex B of the WTO SPS Agreement, as well as health alert situations regarding the control of food traded between the Parties, in which a risk to human health associated with its consumption is detected, in accordance with the corresponding sanitary standard of the Codex Alimentarius in force at the time;
(b) situations of non-compliance with measures detected in the certifications of export products subject to the application of sanitary and phytosanitary measures, including as much information as possible, as well as the reasons for their rejection;
(c) cases of exotic or unusually occurring pests or diseases; and
({d) updated information at the request of a Party, of the requirements that apply to the importation of specific products, and to report on the status of the processes and measures in process, with respect to requests for access of animal, plant, forestry, fishery and other related products to the WTO SPS Agreement by the exporting Party.
3. Likewise, the Parties shall make their best efforts to improve mutual understanding of sanitary and phytosanitary measures and their application, and shall exchange information on matters related to the development and application of sanitary and phytosanitary measures, which affect or may affect trade between the Parties, with a view to minimizing their negative effects on trade.
4. Notifications shall be made in writing to the contact points established in accordance with the WTO SPS Agreement. Written notification shall be understood to mean notifications by post, fax or e-mail.
Article 6.10. Cooperation and Technical Assistance
1. The Parties agree to cooperate and provide each other with the necessary technical assistance for the implementation of this Chapter.
2. The Parties shall develop through the Committee established in Article 6.11 a work program, including the identification of cooperation and technical assistance needs to establish and/or strengthen the capacity of the Parties in human health, animal health, plant health and food safety of common interest.
Article 6.11. Committee on Sanitary and Phytosanitary Measures
1. The Parties establish a Committee on Sanitary and Phytosanitary Measures (hereinafter the Committee), composed of representatives of each Party with responsibilities in this area, in accordance with Annex 6.11, as a forum to ensure and monitor the implementation and administration of this Chapter, as well as to address and attempt to resolve problems that arise in trade in goods subject to the application of sanitary and phytosanitary measures.
2. The Committee may establish working groups on sanitary and phytosanitary matters as it deems appropriate. 3. The functions of the Committee shall include:
(a) monitor the implementation and administration of this Chapter,
(b) report to the Commission on the implementation and administration of this Chapter, as appropriate;
(c) serve as a forum to consult, discuss and attempt to resolve problems related to the development or application of sanitary or phytosanitary measures that affect or may affect trade between the Parties;
(d) contribute to trade facilitation through the timely handling of consultations on problems related to the implementation of this Chapter,
(e) improve any present or future relationship between the offices responsible for the application of sanitary and phytosanitary measures of the Parties;
(f) contribute to mutual understanding of the Parties' sanitary and phytosanitary measures, their implementation processes, and related domestic regulations;
(g) detect and promote cooperation, technical assistance, training and exchange of information on sanitary and phytosanitary measures;
(h) Establish procedures for the recognition of pest or disease free zones, areas or compartments;
(i) define the mechanisms or procedures for the recognition of equivalence of sanitary and phytosanitary measures, as well as determine the procedures and deadlines for risk evaluations in an agile and transparent manner;
(j) consult on the position of the Parties on issues to be discussed at meetings of the WTO Committee on Sanitary and Phytosanitary Measures, Codex Alimentarius committees and other fora to which the Parties are party; and
(k) to deal with any other matter related to this Chapter.
4. Unless otherwise agreed by the Parties, the Committee shall meet at least once (1) a year, on the date and according to the agenda previously agreed by the Parties. The Parties shall determine those cases in which extraordinary meetings may be held.
5. 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. The first meeting of the Committee shall be held no later than one (1) year after the date of entry into force of this Agreement.
6. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules.
7. All decisions of the Committee shall be made by mutual agreement.
Article 6.12. Settlement of Disputes
Once the consultation procedure under Article 6.11.3(c) has been exhausted, a Party that is not satisfied with the outcome of such consultations may have recourse to the dispute settlement procedure set forth in Chapter 15 (Dispute Settlement).
Article 6.13. Definitions
For the purposes of this Chapter, the definitions and glossaries of Annex A of the WTO SPS Agreement and of the international reference bodies shall apply.
Chapter 7. Technical Barriers to Trade
Article 7.1. 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 the provisions of 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) purchasing specifications established by governmental institutions for the production or consumption needs of govermmental institutions, which shall be governed by Chapter 10 (Government Procurement).
Article 7.2. Objectives
The objective of this Chapter is to facilitate and increase trade in goods by identifying, avoiding and eliminating unnecessary obstacles to trade between the Parties that may arise as a result of the preparation, adoption and application of technical regulations, standards and conformity assessment procedures, including those relating to metrology, and the promotion of joint cooperation between the Parties, within the terms of the WTO TBT Agreement.
Article 7.3. Reaffirmation of the WTO TBT Agreement
The Parties reaffirm their existing rights and obligations with respect to each other under the WTO TBT Agreement, which are incorporated into this Chapter, mutatis mutandis.
Article 7.4. Trade Facilitation
1. The Parties shall intensify their joint work in the field 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, develop and promote trade facilitating initiatives relating to standards, technical regulations and conformity assessment procedures that are appropriate to particular issues or sectors, taking into account the Partiesâ respective experience in other appropriate bilateral, regional or multilateral agreements.
2. The initiatives referred to in paragraph 1 may include cooperation on regulatory matters, such as convergence or harmonization with intemational standards, reliance on a supplier's declaration of conformity, recognition and acceptance of the results of conformity assessment procedures and the use of 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 a perceived non-compliance with a technical regulation, it shall immediately notify the importer of the reasons for the detention.
Article 7.5. Use of International Standards
1. Each Party shall use relevant intemational standards, guides and recommendations as provided for in Articles 2.4 and 5.4 of the WTO TBT Agreement as the basis for its technical regulations and conformity assessment procedures.
2. In determining whether an intemational standard, guide or recommendation within the meaning of Article 2, Article 5 and Annex 3 of the WTO TBT Agreement exists, each Party shall apply the principles set out in the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade (hereinafter WTO TBT Committee) since 1 January 1995, G/TBT/1/Rev.9, 08 September 2008 issued by the WTO TBT Committee.
3. Each Party shall encourage its national standardizing bodies to cooperate with the relevant national standardizing bodies of the other Party in intemational 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.
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 technical regulation of the other Party and to minimize duplication of costs, the other Party shall provide any available information, studies or other relevant documents on which it has based the development of that technical regulation, except for confidential information.
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 carried out in the territory of the other Party, for example:
(a) the importing Party's reliance on a supplier's declaration of conformity,
(b) voluntary agreements between conformity assessment bodies in the territory of the Parties;
(c) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific regulations, carried out by bodies located in the territory of the other Party,
(d) accreditation procedures to qualify conformity assessment bodies;
(e) the designation of conformity assessment bodies; and
(f) the recognition by a Party of the results of conformity assessment procedures carried out in the territory of the other Party.
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.
2. 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, at the request of that other Party, explain the reasons for its decision.
3. 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 that assesses conformity to a specific standard or technical regulation in its territory, it shall recognize conformity assessment bodies in its territory on terms no less favorable than those accorded to conformity assessment bodies in its territory and refuses to accredit, license or otherwise recognize a body assessing conformity with the same standard or technical regulation in the territory of the other Party, it shall, upon request of that other Party, explain the reasons for its decision.
4. 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 WTO 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
1. Each Party shall notify the other Party electronically through the contact points established under Article 10 of the WTO TBT Agreement, at the same time as it submits its notification to the WTO central notification registry in accordance with the WTO 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 WTO 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 intemational standard. This publication shall remain available to the public as long as such technical regulations and conformity assessment procedures are in force.
3. Each Party shall allow a period of at least sixty (60) days from the date of the notification referred to in subparagraph 1(a) for the other Party and interested persons to provide written comments on the proposal. A Party shall give favorable 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 interested persons or from the other Party in accordance with 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, upon request of the other Party, provide information on 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 not be less than six (6) months, unless it is impracticable to meet their legitimate objectives within that period. The Parties shall give favorable consideration to reasonable requests for extension of the time 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 easy to locate and access.
9. Each Party shall implement the provisions of paragraph 4 as soon as possible and in no case later than three (3) 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 favorable consideration to any sector-specific proposal that the requesting Party makes to encourage further cooperation under this Chapter.
2. The Parties agree to cooperate and to 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) to promote the application of this Chapter,
(b) to promote the implementation of the WTO TBT Agreement;
(c) strengthen the capacities of their respective standardization, technical regulation, conformity assessment, metrology, and information and notification systems under the WTO TBT Agreement, including human resources education and training; and
(d) increase participation in international organizations, including those of a regional nature, related to standardization, technical regulation, conformity assessment and metrology.
Article 7.10. Committee on Technical Barriers to Trade
1. The Parties establish a Committee on Technical Barriers to Trade (hereinafter the Committee), composed of representatives of each Party in accordance with Annex 7.10.
2. The functions of the Committee shall include:
(a) monitor the implementation and administration of this Chapter,
(b) report to the Commission on the implementation and administration of this Chapter, as appropriate;
(c) promptly deal with matters that a Party proposes with respect to the development, adoption, application or enforcement of standards, technical regulations, or conformity assessment procedures;
(d) encourage joint cooperation of the Parties in the development and improvement of standards, technical regulations and conformity assessment procedures, including metrology;
(e) as appropriate, facilitate sectoral cooperation between governmental and non-governmental bodies on standards, technical regulations and conformity assessment procedures, including metrology, in the territories of the Parties;
(f) exchange information about the work being caried out in non-govemmental, regional and multilateral fora involved in activities related to standards, technical regulations and conformity assessment procedures;
(g) at the request of a Party, resolve consultations on any matter arising under this Chapter,