(g) The development of initiatives in mutually agreed areas.
Article 5.15. Mutual Assistance
1. The customs authorities shall assist each other in their areas of competence, in the manner and under the conditions provided for in this Section, in order to ensure the correct application of customs legislation, particularly for the prevention of, investigation of and combat against operations in breach of that legislation.
2. Where the customs administration of a Party has reasonable suspicions of an operation in breach of customs legislation related to any regime or customs destination in its territory, it may request the customs administration of other Party to provide information on that operation. In addition, it may require that the requested Party adopt, within the framework of its legislation and regulations, the necessary measures to ensure special monitoring over:
(a) The determination of the customs duties of goods, and in particular, information on the determination of the customs value;
(b) Means of transport and destination of the transported goods, with indication of references to identify the goods;
(c) The controls performed on goods in transit to the territory of one of the Parties from a third country, or
(d) The operations carried out by importers and/ or exporters.
Article 5.16. Form and Contents of the Requests for Mutual Assistance
1. Requests for mutual assistance provided for in this Section shall be submitted directly to the requested Party by the requesting party in writing or by electronic means, including the necessary documentation. The requested party may request written confirmation of the requests received by electronic means.
2. In urgent cases, requests may also be made verbally, and shall be confirmed in writing within a period not exceeding three working days following the request. Otherwise, the implementation of such requests may be suspended.
3. Requests made pursuant to this Article shall include, at least, the following:
(a) The identification of the requesting party, the name, signature and title of the officer making the request;
(b) The identification of the requested party, the name and title of the officer to whom the request is addressed;
(c) The purpose and reason for the request;
(d) Abrief description of the facts that are the subject to investigation and of the inquiries already carried out, should it be appropriate;
(e) The legal elements and the nature of the customs procedure in question;
(f) The names, addresses, identification document or any other known and relevant information of the persons related to the facts that constitutes the subject matter of the request, and
(g) All the necessary information available to identify the goods, means of transport or the customs declaration in connection with the request.
4. The information referred to in this Section shall be communicated to the officers who were specially appointed for this purpose by each customs administration. To this end, each Party shall provide a list of officers appointed to the customs administrations of the other Parties.
5. The requesting party shall be able to provide the same assistance requested, if it were required.
6. If a request does not meet the requirements of paragraph 3, the requested party may ask for correction or completion. Meanwhile, control or protective measures may be carried out in accordance with the laws and regulations of the Party concerned.
7. Where the requesting party requests assistance which would itself be unable to provide if so required, it shall declare this fact in its request. The requested party will decide how to respond to the request.
Article 5.17. Executions of the Requests
1. The requested party shall respond to the petition of the requesting party within a maximum period of 30 days from the date of reception of the request. In case that the requested party needs a longer term, it shall notify the requesting party informing the time- frame within which it may respond to the request. This period shall not exceed an additional 30 days.
2. When responding to a request, the requested party, within their competence, on its
own account or at the request of other authorities of such Party, shall provide the information in their possession and conduct or make conduct the necessary investigations.
3. At the petition of the requesting Party, the requested Party shall conduct an investigation, in accordance with its laws, in order to obtain information related to a possible operation in breach of customs legislation occurred in the territory of any of the Parties, and shall provide to the requesting party, the results of this investigation and all related information considered relevant.
4. At the petition of the requesting Party, the requested Party may provide information, in accordance with its laws, related to:
(a) The individuals that the requesting party know have committed or are involved in the commission of an offence;
(b) The goods that, with destination to the customs territory of the requesting party, are forwarded in transit or destined to storage for subsequent transit to such territory;
(c) The means of transport allegedly used in the commission of customs violations in the territory of the requesting party;
(d) Activities which are or appear to be operations in breach of customs legislation and which may be of interest to the requesting party;
(e) The goods that are or may be shipped and in respect of which there are reasonable grounds for presuming that they will be intended for use or used in operations in breach of customs legislation;
(f) Whether the goods exported from the territory of the requesting party have been properly imported into the territory of the requested party, specifying, where appropriate, the customs procedure applied to such goods;
(g) Whether the goods imported into the territory of the requesting party, have been properly exported from the territory of the requested Party, specifying, where appropriate, the customs procedure applied to such goods, or
(h) Whether the import, export or transit operations have complied with the prohibitions and restrictions to imports, exports and transit of goods or with their payment of customs duties, taxes and other tariffs.
5. Duly authorized officials of the requesting party may, with the agreement of the required Party and subject to the conditions, legislation and regulations provided by the latter, be present at the offices of the requested Party, with the purpose of obtaining relevant information in the context of an investigation aimed at determining if there has been a violation or potential operation in breach of customs legislation.
Article 5.18. Spontaneous Assistance
For the proper implementation of their respective laws and customs, and to the extent of their possibilities and resources, the Parties shall assist each other, on their own initiative, providing information in accordance with their laws and regulations, related to:
(a) Cases involving damage to the economy, public health, public safety, the environment or other vital interest of one of the Parties;
(b) New means or methods employed in carrying out operations in breach of customs legislation, and
(c) Other cases, in accordance with Article 5.17.4.
Article 5.19. Delivery and Communication
At the petition of the requesting Party, the requested Party shall adopt, in accordance with the applicable provisions of the laws, all necessary measures to deliver any document or communication, or to inform any decision issued by the requesting party, that are within the scope of this Section, to an addressee residing or established in the territory of the requested party.
Article 5.20. Exceptions to the Obligation to Provide Mutual Assistance
1. Mutual assistance under this Section may be denied or subject to the compliance with certain conditions or requirements, in cases where a Party considers that such assistance could:
(a) Be detrimental to the sovereignty of the Party to which it has been requested it;
(b) Be detrimental to public order and national security;
(c) Violate an industrial, commercial or professional secret, duly protected by legislation, or
(d) Be unconstitutional or contrary to its law.
2. The requested Party may postpone the mutual assistance if it considers that it can interfere with an ongoing investigation, a criminal prosecution or an administrative proceeding. In that case, the requested Party shall consult with the requesting party to determine if the mutual assistance may be granted subject to the terms and conditions the requested party is able to grant.
3. In the event of any of the exceptions provided for in this Article, the requested Party shall promptly inform the requesting party of its decision, and the reasons for such decision, within a term not exceeding 15 days following the request.
Article 5.21. Files, Documents and other Materials
1. At the request of the requesting Party, the requested Party may certify or authenticate copies of the requested documents, in case the latter can not provide the originals because its legislation prevents it.
2. The documents provided under this Section shall not require for its probative value certification, authentication, or any additional formality than the one provided by the customs administration, and shall be considered as authentic and valid.
3. Any information provided under this Section may be accompanied by additional information that is relevant for its interpretation or use.
Article 5.22. Experts or Expert Witnesses
1. For matters covered in this Section, each Party in accordance with its laws, may authorize its officials, upon request from other Party, to appear as experts or expert witnesses in legal or administrative proceedings in the territory of another Party, and produce such relevant records, documents and other materials or certified copies thereof, if copies are considered essential for those procedures.
2. The request must indicate the specific matter and judicial or administrative authority before which the official must appear.
Article 5.23. Costs
1. The customs authorities shall not seek reimbursement of costs and/ or expenses incurred in the performance of the requests under this Section, except for those related to experts or expert witnesses, which shall be borne by the requesting party.
2. If it were necessary to incur in costs and/ or expenses of an exceptional nature to execute a request, the customs authorities shall consult to determine the terms and conditions under which the request shall be executed and the manner such costs and/ or expenses are to be covered.
Article 5.24. Lack of Assistance
1. For the purposes of this Section, lack of mutual assistance between customs administrations means the repeated or undue delay in the execution of a request and/ or in the communication of its results.
2. In such case, the requesting party may communicate the fact to the Committee on Rules of Origin and Procedures in Connection with the Origin, Trade Facilitation and Customs Cooperation in order to promote a solution to the lack of mutual assistance.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. Definitions
The definitions in Annex A of the SPM Agreement have been included in this Chapter and shall form part of it, mutatis mutandis.
Article 6.2. Objectives
The objectives of this Chapter are:
(a) To protect human life and health, and animal and plant health in the territories of the Parties;
(b) Facilitate the trade in products and sub-products of animal, plant, marine and aquaculture origin, between the Parties;
(c) Ensure that the sanitary and phytosanitary measures of one Party do not discriminate arbitrarily or unjustifiably between those Parties in which identical or similar conditions are found, nor between its own territory and that of the other Parties. The sanitary and phytosanitary measures shall not be applied in such a way so as to they constitute a disguised restriction on international trade;
(d) Guarantee that the processes for the establishment of sanitary and phytosanitary measures between the Parties shall be transparent, shall be applied without undue delay and in such a way that imported goods are treated less favourably than similar nationally-produced goods; and
(e) Provide the mechanisms and processes for communication and cooperation to quickly and expediently resolve specific commercial issues related to the application of sanitary and phytosanitary measures between the Parties.
Article 6.3. Scope of Application
This Chapter applies to all sanitary and phytosanitary measures undertaken by the Parties, in accordance with the SPM Agreement which may, directly or indirectly, affect the trade in goods between the Parties.
Article 6.4. Rights and Obligations
The Parties include in this Chapter their rights and obligations under the SPM Agreement, mutatis mutandis.
Article 6.5. Harmonisation
1. In addition to the provisions of Article 3 of the SPM Agreement, the Parties shall work jointly to promote between themselves and at an international level advances and negotiations in areas of mutual interest.
2. To that end, the Parties shall develop work plans through the Committee on Sanitary and Phytosanitary Measures established in Article 6.14.
Article 6.6. Equivalence
1. In addition to the provisions of Article 4 of the SPM Agreement and supplementary decisions of the Committee, as well as the international standards, guidelines and recommendations of competent international organisations, each Party undertakes to respond in a timely manner to requests in respect of the equivalency of sanitary and phytosanitary measures submitted by any other party. To this end, the Parties shall agree on an applicable methodology.
2. The Committee on Sanitary and Phytosanitary measures described in this Chapter shall monitor the application of this Article.
Article 6.7. Risk Assessment
1. In addition to the provisions of Article 5 of the SPM Agreement, where it is necessary to carry out a risk assessment for pests and diseases, the Parties shall undertake the assessment expediently according to the standards, guidelines and_ international recommendations of competent international organisations.
2. Where one Party requests that another Party initiate a risk assessment, the importing Party shall inform the exporting Party of the timeframe and steps necessary to carry out the assessment.
3. Once the importing Party has concluded its risk assessment and decided whether trade may begin or resume, the Party shall undertake the necessary regulatory measures to begin or resume trade within a reasonable timeframe.
4. The Parties will offer the opportunity to present commentary on the risk assessments they carry out, in such a way as decided by the importing Party.
5. The Parties undertake to request information strictly necessary for carrying out the risk assessment. 6. An exporting Party may send scientific evidence, including mitigation proposals, to support the importing Party's risk assessment procedure.
7. With due regard to the adoption of emergency measures, no Party shall halt the import of goods from another Party, simply because the importing Party is in the process of carrying out a review of a risk assessment and if it is a case of an existing sanitary and phytosanitary measure, provided that the importing Party has allowed the import of such goods up until the beginning of said review.
Article 6.8. Adaptation to Regional Conditions and Recognition of Zones, Areas or Compartments Free of or with Low Prevalence of Pests or Diseases
1. In addition to the provisions of Article 6 of the SPM Agreement, in order to evaluate a request to recognise zones, areas or compartments free of or with a low prevalence of pests or diseases, the Parties hereby undertake to apply an accelerated process in accordance with the conditions established in the Guidelines for the Practical Application of Article 6 of the SPM Agreement (G/SPS/48).
2. The Parties recognise the self-declarations of zones, areas or compartments free of or with a low prevalence of pests or diseases when they have successfully applied international standards, guidelines or recommendations as a base factor in beginning the application of the acceleration process, in accordance with the conditions established in the Guidelines for the Practical Application of Article 6 of the SPM Agreement (G/SPS/48).
Article 6.9. Transparency and Exchange of Information
1. In addition to the provisions of Article 7 and Annex B of the SPM Agreement, the Parties:
(a) Recognise the exchange of information as a necessary mechanism for strengthening the management of sanitary and phytosanitary matters between them and shall carry out actions which promote this;
(b) Shall take into account the relevant guidelines provided by the WTO's Committee on Sanitary and Phytosanitary Measures;
(c) Reaffirm their commitment to entering and publishing information related to the adoption or modification of sanitary and phytosanitary measures; and
(d) Ratify their commitment to promoting use of the WTO's electronic notification system.
2. As well as the notifications they are obliged to uphold in accordance with the process laid out in Annex B of the SPM Agreement, the Parties shall notify of:
(a) Any changes that occur in the field of animal health and food safety, such as the outbreak of exotic diseases, diseases named on the schedule of the World Organisation for Animal Health (henceforth the "OIE"), and/or health warnings on food products within 24 hours following the detection of the problem;
(b) Any changes that occur in the phytosanitary field, such as the outbreak of quarantine pests or spread of pests under official control within 72 hours following confirmation of the outbreak;
(c) Outbreaks of diseases which have been scientifically confirmed to be caused by the consumption of imported foods;
(d) The causes or reasons for which the exporting Party's good is rejected, within a seven day period; and
(e) Firms authorised to issue certificates and authorisations related to import, export and detail authorised entry points.
3. The importing Party must respond to requests by the exporting Party regarding the requirements and procedures established to allow the access of a specific good or on the status of a procedure related to the access of said good within a reasonable timeframe.
4. The Parties must make public sanitary and phytosanitary regulatory drafts, as well as their own regulations through their respective official journals and/or websites and must circulate them, preferably electronically, to the notification and information services established in accordance with the SMP Agreement. Each Party shall ensure that the sanitary and phytosanitary regulations they intend to adopt are submitted for public consultation for a minimum period of 60 days. In emergency circumstances or where measures proposed to facilitate trade or those whose content in substance is the same as that of an international standard, guideline or recommendation, the Parties may reduce or eliminate the time period for receiving submissions.
5. Insofar as possible and appropriate, the Party must award a period of at least six months between the publication date of the final regulation and that on which it enters into force, except in emergency situations and when the proposed measures facilitate trade or its content is substantially the same as that of an international standard, guideline or recommendation.
6. In terms of what is established by Article 5.8 of the SPM Agreement, when a Party has reasons for believing that a health or phytosanitary method established or maintained by another Party is restricting or may restrict its exports, and the measure is not based on international standards, guidelines or recommendations, it may request an explanation for the reasons for the measure, to which a response must be made in writing, insofar as possible, within a time period of no more than 30 days.
7. If there are yearly or half-yearly work programmes for sanitary and phytosanitary regulations, the Parties shall make their best efforts to promote public awareness of these through print or electronic means.
Article 6.10. Control, Inspection and Approval Procedures
In addition to the provisions of Article 8 of Annex C of the SPM Agreement and related decisions adopted by the WTO Committee for Sanitary and Phytosanitary Measures, as well as international standards, guidelines and recommendations, the Parties must respond to requests for information on established control, inspection and approval processes, insofar as possible, within a time period of no more than 45 days.
Article 6.11. Approvals
1. The importing Party may evaluate the competent authority of the exporting Party and its inspection and control systems. This may include a review of the competent authority's control programmes, covering, where appropriate, inspection, control and audit programmes, as well as visits to establishments.
2. The terms and conditions of such approval visits shall be agreed upon by the Parties before they begin.
3. Once the approval visits are complete, the importing Party must submit to the exporting Party, the results and conclusions of the visit, in a reasonable period of time following the visit being carried out.
4. The Parties shall not interrupt the trade of a previously authorised good during the renewal period of its authorisation exclusively due to a delay on the part of the importing Party in carrying out an approval.
5. The expenses incurred from the approval visits shall be borne by the exporting Party, unless the Parties agree otherwise.
Article 6.12. Cooperation and Technical Assistance
The Parties hereby agree to support cooperation and technical assistance processes for the strengthening of capabilities in sanitary and phytosanitary measures for the following purposes:
(a) Favouring and promoting the application and implementation of this Chapter and the SPM Agreement;
(b) Strengthening their respective authorities responsible for carrying out and applying sanitary and phytosanitary measures;
(c) Helping to carry out activities that facilitate trade;
(d) Cooperating on the development and implementation of international standards, guidelines or recommendations and, where necessary, request support from competent international organisations;
(e) Sharing non-confidential information which served one Party as the basis for a sanitary or phytosanitary measure;
(f) Cooperating, as much as possible, in bringing attention to sanitary and phytosanitary emergencies; and
(g) Carrying out other cooperation and technical assistance activities agreed upon by the Parties.
Article 6.13. Technical Meetings
1. The Parties may hold technical meetings for specific commercial issues related to the application of sanitary and phytosanitary measures, to seek mutually acceptable solutions through the format they agree upon (such as face to face meetings, video conferences or others).
2. The Party(ies) requested to hold technical meetings must set a date to meet with the Party(ies) making the request, within the 15 days following the request being made, and shall make their best efforts to meet, in the agreed manner, within a time period of no more than 30 days.
3. Where the Parties have held their technical meetings in accordance with this Article, without satisfactory results, such meetings shall replace those established in Article 17.5 (Dispute Resolution), if the Parties so agree.
Article 6.14. Committee on Sanitary and Phytosanitary Measures
1. The Parties shall establish a Committee on Sanitary and Phytosanitary Matters (henceforth referred to as the "Committee").
2. The Committee shall be comprised of representatives from each of the Parties, with responsibilities in sanitary, phytosanitary and food safety matters, as established in Article 6.15.
3. The first session of the Committee shall take place no more than 90 days following the entry into force of this Additional Protocol, a meeting in which the Parties shall accredit their representatives.
4. The Committee shall, in its first session, establish its procedural rules.
5. The Committee shall meet at least once per year, except when the Parties agree otherwise, via face to face, teleconference, videoconference or another medium that ensures an appropriate operating level and at an extraordinary level when the Parties deem it necessary.
6. When the meetings held are face to face, they shall take place alternately in the territory of each Party and it shall fall upon the organising Party to organise the meeting.
7. The functions of the Committee shall be as follows:
(a) To serve as a forum to discuss issues related to the development or application of sanitary and phytosanitary measures which affect or may affect trade between the Parties, to reach mutually acceptable resolutions and evaluate the progress in implementing the aforementioned resolutions;
(b) To promote, follow up and administer the application of the provisions of this Chapter; (c) To follow up technical meetings;
(d) To agree upon, taking into consideration the relevant international standards, guidelines or recommendations developed by the WTO's Committee for Sanitary and Phytosanitary Measures and competent international organisations, the procedures and time periods for practical and rapid implementation of:
(i) Recognition of equivalencies;
(ii) Risk assessment procedures;
(iii) Recognition of areas zones, areas or compartments free of or with a low prevalence of pests or diseases;
(iv) Control, inspection and approval processes;
(v) Transparency obligations; and