(c) fostering the development of the quality infrastructure for standardisation, metrology, accreditation, conformity assessment and the market surveillance system in Ukraine;
(d) promoting Ukrainian participation in the work of related United Kingdom organisations;
(e) seeking solutions to trade barriers that may arise;
( coordinating their positions in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (hereinafter referred to as "UN-ECE").
Article 55. Agreement on Conformity Assessment and Acceptance of Industrial Products
1. The Parties agree to add an ACAA as a Protocol to this Agreement, covering sectors agreed by Parties.
2. The ACAA shall be added as a Protocol to this Agreement by agreement between the Parties according to the procedure for amending this Agreement. It is intended that the ACAA will ultimately be extended to cover all the sectors agreed by Parties, in accordance with the aforementioned procedure.
3. Once the sectors on the list have been covered by the ACAA, the Parties, by mutual agreement and in accordance with the procedure for amending this Agreement, undertake to consider extending its scope to cover other industrial sectors.
4. Until a product is covered under the ACAA, the relevant existing legislation of the Parties shall apply to it, taking into account the provisions of the TBT Agreement.
Article 56. Marking and Labelling
1. Without prejudice to Article 55 of this Agreement, with respect to technical regulations relating to labelling or marking requirements, the Parties reaffirm the principles of Article 2.2 of the TBT Agreement whereby such requirements are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For this purpose, such labelling or marking requirements shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks that non-fulfilment would create.
2. In particular, regarding mandatory marking or labelling, the Parties agree that: (a) they will endeavour to minimise their requirements for marking or labelling, except as required for the protection of health, safety, or the environment, or for other reasonable public policy purposes;
(b) a Party may determine the form of labelling or marking, but shall not require the approval, registration or certification of labels; and
(c) the Parties retain the right to require the information on a label or marks to be in a specific language.
Chapter 4. SANITARY AND PHYTOSANITARY MEASURES
Article 57. Objective
1. The objective of this Chapter is to facilitate trade in commodities covered by sanitary and phytosanitary measures between the Parties, whilst safeguarding human, animal and plant life or health, by:
(a) ensuring full transparency as regards sanitary and phytosanitary measures applicable to trade;
(b) recognising the animal and plant health status of the Parties and applying the principle of regionalisation;
(c) establishing a mechanism for the recognition of equivalence of sanitary or phytosanitary measures maintained by a Party;
(d) further implementing the principles of the SPS Agreement;
(e) establishing mechanisms and procedures for trade facilitation; and
(f) improving communication and cooperation between the Parties on sanitary and phytosanitary measures.
2. This Chapter also aims at reaching a common understanding between the Parties concerning animal welfare standards.
Article 58. Multilateral Obligations
The Parties re-affirm their rights and obligations under the SPS Agreement.
Article 59. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties, including the measures listed in Annex II to this Agreement.
Article 60. Definitions
For the purposes of this Chapter, the following definitions shall apply:
1. "sanitary and phytosanitary measures " means measures as defined in paragraph 1 of Annex A to the SPS Agreement, falling within the scope of this Chapter;
2. "animals" means terrestrial and aquatic animals, as defined in the Terrestrial Animal Health Code and the Aquatic Animal Health Code of the World Organisation for Animal Health (hereinafter referred to as the "OIE") accordingly;
3. "animal products" means products of animal origin, including aquatic animal products, as defined in the Terrestrial Animal Health Code or the Aquatic Animal Health Code of the OIE;
4. "animal by-products not intended for human consumption" means animal products as listed in Annex I-A, Part 2 (I1) to this Agreement;
5. "plants" means living plants and specified living parts thereof, including seeds:
(a) fruit, in the botanical sense, other than those preserved by deep freezing;
(b) vegetables, other than those preserved by deep freezing;
(c) tubers, corms, bulbs, rhizomes;
(d) cut flowers;
(e) branches with foliage;
(f) cut trees retaining foliage;
(g) plant tissue cultures;
(h) leaves, foliage;
(i) live pollen; and
(j) bud-wood, cuttings, scions.
6. "plant products" means products of plant origin, unprocessed or having undergone simple preparation in so far as these are not plants, set out in Annex II-A, Part 3 to this Agreement;
7. "seeds" means seeds in the botanical sense, intended for planting;
8. "pests (harmful organisms)" means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;
9. "animal disease" means a clinical or pathological manifestation of an infection in animals;
10. "aquaculture disease" means clinical or non-clinical infection with one or more of the aetiological agents of the diseases referred to in the Aquatic Animal Health Code of the OIE;
11. "infection in animals" means the situation where animals maintain an infectious agent with or without the presence of clinical or pathological manifestation of an infection;
12. "animal welfare standards" means standards for the protection of animals as developed and applied by the Parties and, as appropriate, in line with the OIE standards and falling within the scope of this Agreement;
13. "appropriate level of sanitary and phytosanitary protection" means the appropriate level of sanitary and phytosanitary protection as defined in paragraph 5 of Annex A to the SPS Agreement;
14. "region" means, as regards animal health, zones or regions as defined in the Terrestrial Animal Health Code of the OIE, and for aquaculture as defined in the Aquatic Animal Health Code of the OIE;
15. "pest-free area" means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained;
16. "regionalisation" means the concept of regionalisation as described in Article 6 of the SPS Agreement;
17. "consignment" means a quantity of animal products of the same type, covered by the same certificate or document, conveyed by the same means of transport, consigned by a single consignor and originating in the same exporting country or part of such country. A consignment may be composed of one or more lots;
18. "consignment of plants or plant products" means a quantity of plants, plant products and/or other articles being moved from one country to another and covered, when required, by a single phytosanitary certificate (a consignment may be composed of one or more commodities or lots);
19. "lot" means a number or units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment;
20. "equivalence for trade purposes" (hereinafter referred to as "equivalence") means the situation where the importing Party shall accept the sanitary or phytosanitary measures of the exporting Party as equivalent, even if these measures differ from its own, if the exporting Party objectively demonstrates to the importing Party that its measures achieve the importing Party's appropriate level of sanitary or phytosanitary protection;
21. "sector" means the production and trade structure for a product or category of products in a Party;
22. "sub-sector" means a well-defined and controlled part of a sector;
23. "commodities" means animals and plants, or categories thereof, or specific products and other objects being moved for trade or other purposes, including those referred to in points 2 to 7 of this Article;
24. "specific import authorisation" means a formal prior authorisation by the competent authorities of the importing Party addressed to an individual importer as a condition for import of a single consignment or multiple consignments of a commodity from the exporting Party, within the scope of this Agreement;
25. "working days" means week days except Sunday, Saturday and public holidays in one of the Parties;
26. "inspection" means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules;
27. "plant health inspection" means official visual examination of plants, plant products or other regulated objects to determine if pests are present and/or to determine compliance with phytosanitary regulations;
28. "verification" means checking, by examination and the consideration of objective evidence, whether specified requirements have been fulfilled.
Article 61. Competent Authorities
The Parties shall inform each other about the structure, organisation, and division of competences of their competent authorities during the first meeting of the Sanitary and Phytosanitary Management Sub-Committee (hereinafter referred to as the "SPS Sub-Committee") referred to in Article 71 of this Agreement. The Parties shall inform each other of any change concerning such competent authorities, including contact points.
Article 62. Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions
A. Recognition of Status for Animal Diseases, Infections in Animals or Pests
1. As regards animal diseases and infections in animals (including zoonosis), the following shall apply:
(a) The importing Party shall recognise for trade purposes, the animal health status of the exporting Party or its regions as determined by the exporting Party in accordance with Annex IV Part A to this Agreement, with respect to animal diseases specified in Annex III-A to this Agreement;
(b) Where a Party considers that it has, for its territory or a region, a special status with respect to a specific animal disease, other than those listed in Annex III-A to this Agreement, it may request recognition of this status in accordance with the criteria laid down in Annex IV Part C to this Agreement. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the agreed status of the Parties;
(c) The status of the territories or regions, or the status in a sector or sub- sector of the Parties related to the prevalence or incidence of an animal disease other than listed in Annex III-A to this Agreement, or infections in animals, and/or the associated risk, as appropriate, as defined by OIE, is recognised by the Parties as the basis for trade between them. The importing Party may request guarantees in respect of imports of live animals and animal products which are appropriate to the defined status in accordance with the recommendations of OIE, as appropriate.
(d) Without prejudice to Articles 64, 66 and 70 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information or consultations and/or verification, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on the basis of points (a), (b) and (c) of this paragraph.
2. As regards pests, the following shall apply:
(a) The Parties recognise for trade purposes their pest status in respect of pests specified in Annex III-B to this Agreement;
(b) Without prejudice to Articles 64, 66 and 70 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information or consultations and/or verification, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on the basis of point (a) of this paragraph.
B. Recognition of regionalisation/zoning and pest-free areas (hereinafter referred to as "PFAs")
3. The Parties recognise the concept of regionalisation and PFAs as specified in the relevant Food and Agriculture Organization/International Plant Protection Convention of 1997 and International Standards for Phytosanitary Measures (hereinafter referred to as "ISPM") of the Food and Agriculture Organization, which they agree to apply to trade between them.
4. The Parties agree that regionalisation decisions for animal and fish diseases listed in Annex III-A, and for pests listed in Annex III-B to this Agreement, shall be taken in accordance with the provisions of Annex IV Part A and B to this Agreement.
5. (a) As regards animal diseases, and in accordance with Article 64 of this Agreement, the exporting Party seeking recognition of its regionalisation decision by the importing Party shall notify its measures with full explanations and supporting data for its determinations and decisions. Without prejudice to Article 65 of this Agreement, and unless the importing Party raises an explicit objection and requests additional information or consultations and/or verification within 15 working days of receipt of the notification, the regionalisation decision so notified shall be deemed to be accepted;
(b) The consultations referred to in point (a) of this paragraph shall take place in accordance with Article 65(3) of this Agreement. The importing Party shall assess the additional information within 15 working days of receipt of the additional information. The verification referred to in point (a) shall be carried out in accordance with Article 68 of this Agreement and within 25 working days of receipt of the request for verification.
6. (a) As regards pests, each Party shall ensure that trade in plants, plant products and other objects takes account, as appropriate, of the pest status in an area recognised as a PFA by the other Party. A Party seeking recognition of its PFA by the other Party shall notify its measures and, upon request, provide full explanation and supporting data for its establishment and maintenance, as guided by the relevant ISPMs as the Parties deem appropriate. Without prejudice to Article 70 of this Agreement, and unless a Party raises an explicit objection and requests additional information or consultations and/or verification within three months of the notification, the regionalisation decision for PFAs so notified shall be deemed to be accepted;
(b) The consultations referred to in point (a) shall take place in accordance with Article 65(3) of this Agreement. The importing Party shall assess the additional information within three months of receipt of the additional information. The verification referred to in point (a) shall be carried out in accordance with Article 68 of this Agreement and within 12 months of receipt of the request for verification, taking into account the biology of the pest and the crop concerned.
7. After finalisation of the procedures described in paragraphs 4 to 6 of this Article, and without prejudice to Article 70 of this Agreement, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on that basis. C. Compartmentalisation The Parties commit themselves to engaging in further discussions with a view to implementing the principle of compartmentalisation referred to in Annex XI to this Agreement.
Article 63. Determination of Equivalence
1. Equivalence may be recognised in respect of:
(a) an individual measure; or
(b) a group of measures; or
(c) a system applicable to a sector, sub-sector, commodities or group of commodities.
2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification.
3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex VI to this Agreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Committee referred to in Article 71 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph.
4. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article within 360 days of receipt from the exporting Party of the request, including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop.
5. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate.
6. Theimporting Party may withdraw or suspend equivalence, on the basis of any amendment by one of the Parties, of measures affecting equivalence, provided that the following procedures are followed:
(a) In accordance with Article 64(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures;
(b) Inaccordance with Article 64(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures.
7. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated.
8. Without prejudice to Article 70 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force.
9. Where equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex VI to this Agreement, the SPS Sub- Committee shall, in accordance with the procedure set out in Article 71(2) of this Agreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate.
The status of the equivalence shall be listed in Annex VI to this Agreement.
Article 64. Transparency and Exchange of Information
1. Without prejudice to Article 65 of this Agreement, the Parties shall cooperate to enhance mutual understanding of their official control structure and mechanisms tasked with the application of SPS measures and their respective performance. This can be achieved, amongst others, through reports of international audits when these are made public and the Parties can exchange information on the results of these audits or other information, as appropriate.
2. In the framework of determination of equivalence as referred to in Article 63 of this Agreement, the Parties shall keep each other informed of legislative and other procedural changes adopted in the areas concerned.
The necessary level of cooperation should be reached in order to facilitate transmission of legislative documents at the request of one of the Parties.
To this effect, each Party shall notify the other Party ofits contact points. The Parties shall also notify each other of any changes to this information.
Article 65. Notification, Consultation and Facilitation of Communication
1. Each Party shall notify the other Party in writing within two working days, of any serious or significant public, animal or plant health risk, including any food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products and in particular of:
(a) any measures affecting regionalisation decisions as referred to in Article 62 of this Agreement;
(b) the presence or evolution of any animal disease listed in Annex III-A or of the regulated pests on the list contained in Annex III-B to this Agreement;
(c) findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annex I-A and Annex II-B to this Agreement or which are new animal diseases or pests; and
(d) any additional measures going beyond the basic requirements applicable to the respective measures taken by the Parties to control or eradicate animal diseases or pests or to protect public or plant health and any changes in prophylactic policies, including vaccination policies.
2. (a) Notifications shall be made in writing to the contact points referred to in Article 64(2) of this Agreement.
(b) Notification in writing means notification by mail, fax or e-mail. Notifications shall only be sent between the contact points referred to in Article 64(2) of this Agreement.
3. Where a Party has serious concerns regarding a risk to public, animal or plant health, consultations regarding the situation shall, at the Party's request, take place as soon as possible and, in any case, within 15 working days. In such situations, each Party shall endeavour to provide all the information necessary to avoid a disruption in trade, and to reach a mutually acceptable solution compatible with the protection of public, animal or plant health.
4. Upon request by a Party, consultations regarding animal welfare shall take place as soon as possible and, in any case, within 20 working days of notification. In such situations, each Party shall endeavour to provide all the requested information.
5. Upon request by a Party, consultations as referred to in paragraphs 3 and 4 of this Article, shall be held by video or audio conference. The requesting Party shall ensure the preparation of the minutes of the consultation, which shall be formally approved by the Parties. For the purposes of such approval, Article 64(2) of this Agreement shall apply.
6. A mutually applied rapid alert system and early warning mechanism for any veterinary or phytosanitary emergency will start at a later stage after the Parties have decided on the arrangements for the functioning of such mechanisms.
Article 66. Trade Conditions
1. General Import Conditions
(a) For any commodity covered by Annex I-A and Annex II-C(2) to this Agreement, the Parties agree to apply general import conditions. Without prejudice to the decisions taken in accordance with Article 62 of this Agreement, the import conditions of the importing Party shall be applicable to the total territory of the exporting Party. Upon entry into force of this Agreement and in accordance with Article 674 of this Agreement, the importing Party shall inform the exporting Party of its sanitary and phytosanitary import requirements for commodities referred to in Annex II-A and Annex II-C(2) to this Agreement. This information shall include, as appropriate, the models for the official certificates or declarations or commercial documents, as prescribed by the importing Party.
(b) (i) For the notification by the Parties of amendments or proposed amendments of the conditions referred to in paragraph 1 of this Article, they shall comply with the provisions of the SPS Agreement and subsequent decisions as regards the notification of measures. Without prejudice to Article 70 of this Agreement, the importing Party shall take into account the transport time between the Parties to establish the date of entry into force of the amended conditions referred to in paragraph 1(a).
(ii) If the importing Party fails to comply with these notification requirements, it shall continue to accept the certificate or attestation guaranteeing the previously applicable conditions until 30 days after entry into force of the amended import conditions.
2. Import Conditions after Recognition of Equivalence
(a) Within 90 days of the adoption of a decision on recognition of equivalence, the Parties shall take the necessary legislative and administrative measures to implement the recognition of equivalence in order to allow on that basis trade between them of commodities referred to in Annex I-A and Annex II-C(2) to this Agreement in sectors and sub-sectors where applicable, for which all respective sanitary and phytosanitary measures of the exporting Party are recognised as equivalent by the importing Party. For these commodities, the model of the official certificate or official document required by the importing Party may, at that stage, be replaced by a certificate drawn up pursuant to Annex [X.B to this Agreement;
(b) For commodities in sectors or sub-sectors, where applicable, for which some but not all measures are recognised as equivalent, trade shall continue on the basis of compliance with the conditions referred to in paragraph 1(a). Upon request by the exporting Party, paragraph 5 of this Article shall apply.
3. From the date of entry into force of this Agreement, the commodities referred in Annex I-A and Annex II-C(2) to this Agreement shall not be subject to import authorisation.
4. For conditions affecting trade in the commodities referred to in paragraph 1(a), upon request by the exporting Party, the Parties shall enter into consultations within the SPS Sub Committee in accordance with Article 71 of this Agreement, in order to agree on alternative or additional import conditions of the importing Party. Such alternative or additional import conditions may, where appropriate, be based on measures of the exporting Party recognised as equivalent by the importing Party. If agreed, the importing Party shall take the necessary legislative and/or administrative measures to allow import on that basis, within 90 days of the decision of the SPS Sub-Committee.
5. List of Establishments, Conditional Approval
(a) For the import of animal products referred to in Annex I-A, Part 2 to this Agreement, upon a request by the exporting Party accompanied by appropriate guarantees, the importing Party shall provisionally approve processing establishments referred to in Annex V(2.1) to this Agreement which are situated in the territory of the exporting Party, without prior inspection of individual establishments. Such approval shall be consistent with the conditions and provisions set out in Annex V to this Agreement. Unless additional information is requested, the importing Party shall take the necessary legislative and/or administrative measures to allow import on that basis within 30 working days of receipt of the request and relevant guarantees by the importing Party.
The initial list of establishments shall be approved in accordance with the procedure set out in Annex V to this Agreement.
(b) For the import of animal products referred to in paragraph 2(a), the exporting Party shall inform the importing Party of its list of establishments meeting the importing Party's requirements.
6. Upon request by a Party, the other Party shall provide necessary explanations and supporting data for the determinations and decisions falling within the scope of this Article.
Article 67. Certification Procedure
1. For purposes of certification procedures and the issuing of certificates and official documents, the Parties agree on the principles set out in Annex IX to this Agreement.
2. The SPS Sub-Committee referred to in Article 71 of this Agreement may agree on tules to be followed in case of electronic certification, withdrawal or replacement of certificates.
3. The Parties will agree on common models of certificates where appropriate.
Article 68. Verification
1. In order to maintain confidence in the effective implementation of the provisions of this Chapter, each Party shall have the right:
(a) to verify, in accordance with the guidelines of Annex VII to this Agreement, all or part of the total control programme of the other Party's authorities or other measures where applicable. The expenses of such verification shall be borne by the Party carrying out the verification;
(b) from a date to be determined by the Parties, to receive, at its request from the other Party, information about all or part of that Party's total control programmes and reports concerning the results of the controls carried out under that programme;
(c) for laboratory tests relating to the commodities of Annex I-A and Annex I-C(2) to this Agreement, upon request, and where applicable, to participate in the periodical inter-comparative test programme for specific tests organised by the reference laboratory of the other Party. The expenses of such participation shall be borne by the participating Party.
2. Either Party may share the results of the verifications referred to in subparagraph 1(a) of this Article with third parties and make the results publicly available as may be required by provisions applicable to either Party. Confidentiality provisions applicable to either Party shall be respected in such sharing and/or publication of the results, where appropriate.
3. The SPS Sub-Committee referred to in Article 71 of this Agreement may modify, by means of a decision, Annex VII to this Agreement, taking due account of relevant work carried out by international organisations.
4. The results of verification may contribute to measures referred to in Articles 63 and 69 of this Agreement by the Parties or one of the Parties.
Article 69. Import Checks and Inspection Fees
1. The Parties agree that import checks on the import by the importing Party of consignments from the exporting Party shall respect the principles set out in Annex VII, Part A to this Agreement. The results of these checks may contribute to the verification process referred to in Article 68 of this Agreement.