Chapter 07 -The TPP Agreement stipulates the sanitary and phytosanitary measures of the parties when participating in the TPP Agreement.
CHAPTER 7
SANITARY AND PHYTOSANITARY MEASURES
Article 7.1: Interpretation of Terms
The definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall be part of this Chapter, with modifications.
Additionally, within the scope of this Chapter:
competent authority means a government agency of each Party responsible for the measures and issues referred to in this Chapter;
emergency measure means a sanitary or phytosanitary measure applied by an importing Party to another Party to address an urgent problem concerning the protection of the life or health of humans, animals, or plants arising or likely to arise in the Party applying the measure;
import inspection means an inspection, testing, sampling, examination of documents, testing, or procedures, including laboratory, sensory, or identification procedures, conducted at the border of an importing Party or the importing Party's representative to determine if a consignment complies with the sanitary and phytosanitary requirements of the importing Party;
import program means mandatory sanitary or phytosanitary policies, procedures, or requirements of an importing Party governing the importation of goods;
principal representative means the regulatory authority of a Party responsible for implementing this Chapter and coordinating that Party's participation in the activities of the Committee under Article 7.5 (Committee on Sanitary and Phytosanitary Measures);
risk analysis means a process consisting of three components: risk assessment; risk management; and risk communication;
risk communication means the exchange of information and opinions concerning risks and risk factors among risk assessors, risk managers, consumers, and other stakeholders; and
risk management means the consideration of policy alternatives after risk assessment results and, if necessary, the selection and implementation of appropriate control options, including regulatory measures.
Article 7.2: Objectives
The objectives of this Chapter include:
(a) protecting the life and health of humans, animals, or plants within the territories of the Parties while facilitating and expanding trade by using various means to address sanitary and phytosanitary issues;
(b) consolidating and building upon the SPS Agreement;
(c) enhancing information, consultation, and cooperation between the Parties, particularly among the competent authorities of the Parties and principal representatives;
(d) ensuring that sanitary and phytosanitary measures implemented by a Party do not create unjustified obstacles to trade;
(e) enhancing transparency and understanding of the application of sanitary and phytosanitary measures by each Party; and
(f) encouraging the development and implementation of international standards, guidelines, and recommendations, and promoting their implementation by the Parties.
Article 7.3: Scope
This Chapter applies to all sanitary and phytosanitary measures of a Party that may directly or indirectly affect trade between the Parties.
This Chapter does not prevent a Party from adopting or maintaining halal requirements for food and food products as prescribed by Islamic law.
Article 7.4: General Provisions
The Parties affirm their rights and obligations under the SPS Agreement.
This Agreement does not restrict the rights and obligations of each Party under the SPS Agreement.
Article 7.5: Committee on Sanitary and Phytosanitary Measures
For the purpose of implementing this Chapter, the Parties agree to establish a Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the Committee) comprising government representatives of each Party responsible for sanitary and phytosanitary issues.
The tasks of the Committee include:
(a) enhancing the implementation of this Chapter by each Party;
(b) reviewing common sanitary and phytosanitary matters; and
(c) enhancing information exchange and cooperation on sanitary and phytosanitary issues.
(a) shall provide a forum to enhance understanding among the Parties about sanitary and phytosanitary issues related to the implementation of the SPS Agreement and this Chapter;
(b) shall provide a forum to improve mutual understanding of each Party’s sanitary and phytosanitary measures and the regulatory processes related to those measures;
(c) shall enhance the exchange of information about the implementation of this Chapter;
(d) shall identify appropriate means, which may include ad hoc task forces, to carry out specific tasks related to the functions of the Committee;
(e) shall have the authority to identify and develop cooperative and technical assistance projects between the Parties on sanitary and phytosanitary measures;
(f) shall serve as a forum for a Party to share information about a sanitary or phytosanitary matter that has arisen between that Party and one or more other Parties, provided that the Parties concerned have sought to address the matter through bilateral discussions; and
(g) shall consult on issues and positions in meetings of the Committee established under Article 12 of the SPS Agreement (the SPS Committee of the WTO) and meetings held under the auspices of the Codex Committee, the World Organisation for Animal Health, and the International Plant Protection Convention.
The Committee shall adopt its terms of reference at its first meeting and may amend those terms as necessary.
The Committee shall meet within one year from the date of entry into force of this Agreement and subsequently once a year, unless otherwise agreed by the Parties.
Article 7.6: Competent Authorities and Contact Points
Each Party shall provide the other Parties with a written description of the responsibilities for sanitary and phytosanitary measures of its competent authorities and contact points within each authority, identifying its principal representative within 60 days from the date of entry into force of this Agreement for that Party. Each Party shall ensure this information is updated.
Article 7.7: Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence
The Parties recognize that adaptation to regional conditions, including zoning and compartmentalization, is an important means to facilitate trade.
The Parties shall consider the relevant guidance of the WTO SPS Committee and international standards, guidelines, and recommendations.
The Parties may cooperate in recognizing pest- or disease-free areas and areas of low pest or disease prevalence with the goal of fostering confidence in the procedures followed by each Party to recognize such areas and maintain their status.
When an importing Party receives a request for regionalization from an exporting Party and determines that the information provided by the exporting Party is adequate, the importing Party shall conduct an assessment within a reasonable period.
When an importing Party commences an assessment of a request for regionalization under paragraph 4, it shall promptly explain its regionalization determination process upon the request of the exporting Party.
Upon request from the exporting Party, the importing Party shall inform the exporting Party of the status of the assessment of the exporting Party's regionalization request.
When an importing Party adopts a measure recognizing a specific regional condition of the exporting Party, it shall notify the exporting Party of the measure in writing and implement it within a reasonable period.
The importing and exporting Parties engaged in specific recognition efforts may pre-decide risk management measures applicable to trade if conditions change.
The Parties involved in determining regional recognition are encouraged to report the outcomes to the Committee if mutual agreement is reached.
If the assessment of the evidence provided by the exporting Party does not lead to recognizing a pest- or disease-free area, or an area of low pest prevalence, the importing Party shall inform the exporting Party of the reasons for its decision.
If an incident causes the importing Party to revise or revoke its regional recognition decision, the Parties concerned shall cooperate to assess whether the recognition decision can be reinstated.
Article 7.8: Equivalence
The Parties recognize that the recognition of equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. Following Article 4 of the SPS Agreement, the Parties shall apply equivalence to a group of measures or on a systemic basis where possible and appropriate. When determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or on a systemic basis, each Party shall consider the relevant guidance of the WTO SPS Committee and international standards, guidelines, and recommendations.
Upon request by the exporting Party, the importing Party shall explain its sanitary and phytosanitary measures' objectives and rationale and identify the risks addressed by the sanitary or phytosanitary measure.
When an importing Party receives an equivalence assessment request and determines that the information provided by the exporting Party is adequate, the importing Party shall conduct the equivalence assessment within a reasonable period.
When initiating an equivalence assessment, the importing Party shall, upon request from the exporting Party, promptly explain the equivalence determination process and the planned implementation if equivalence is recognized.
In determining the equivalence of a sanitary or phytosanitary measure, the importing Party shall consider the relevant knowledge, available information, experience, and regulatory competence of the exporting Party.
The importing Party shall recognize the equivalence of a sanitary or phytosanitary measure if the exporting Party objectively demonstrates to the importing Party that its measure:
(a) achieves the same level of protection as the importing Party's measure; or
(b) has the same effect in achieving the objectives as the importing Party’s measure.
When an importing Party adopts a measure recognizing the equivalence of a specific sanitary or phytosanitary measure, group of measures, or systemic measure of the exporting Party, the importing Party shall notify the exporting Party of the measure in writing and implement it within a reasonable period.
The Parties involved in equivalence determinations leading to recognition are encouraged to report the outcomes to the Committee if mutual agreement is reached.
If the importing Party does not recognize the equivalence after determination, it shall provide the exporting Party with the reasons for its decision.
Article 7.9: Risk Analysis and Science
The Parties acknowledge the importance of ensuring their respective sanitary and phytosanitary measures are based on scientific principles.
Each Party ensures that its sanitary and phytosanitary measures either conform to relevant international standards, guidelines, or recommendations or, when non-conforming, are based on objective scientific evidence and reasonably related referenced material pertinent to the measures while acknowledging the Parties' obligations for risk assessment under Article 5 of the SPS Agreement.
Acknowledging the rights and obligations under relevant provisions of the SPS Agreement, this Chapter does not prevent a Party from:
(a) establishing a level of protection it deems appropriate;
(b) instituting or maintaining an approval procedure requiring a risk analysis before allowing a product to enter its market; or
(c) adopting or maintaining a temporary sanitary or phytosanitary measure.
(a) ensure that its sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Parties where identical or similar conditions prevail, including between its own territory and those of other Parties; and
(b) conduct documented risk analysis to facilitate comments from interested persons and other Parties as determined by the Party.
Each Party shall ensure that any risk assessment it conducts is proportionate to the risk circumstances and considers relevant available scientific data, including qualitative and quantitative information.
When conducting risk analysis, each Party shall:
(a) consider relevant guidance from the WTO SPS Committee and international standards, guidelines, and recommendations;
(b) consider risk management options that do not unnecessarily restrict trade, including facilitating trade by foregoing a measure, to achieve the protection level the Party deems appropriate; and
(c) decide on a risk management option that does not unnecessarily restrict trade more than necessary to achieve the sanitary or phytosanitary protection objective, considering technical and economic feasibility.
If an importing Party requires a risk analysis to evaluate an export Party's request for import authorization of a product, the importing Party shall explain the necessary information for the risk analysis upon request from the exporting Party. Upon receiving the required information from the exporting Party, the importing Party shall facilitate the evaluation by scheduling the review in accordance with its procedures, policies, resources, and relevant laws and regulations.
Upon request from the exporting Party, the importing Party shall inform the exporting Party about the status and potential delays of the risk analysis request.
If an importing Party, following the risk analysis, adopts a sanitary or phytosanitary measure allowing the initiation or continuation of trade activities, the import Party shall implement the measure within a reasonable period.
Notwithstanding Article 7.14 (Emergency Measures), a Party shall not cease imports of a product from another Party solely because the importing Party is reviewing its sanitary and phytosanitary measure if the product import was permitted at the start of the review.
Article 7.10: Auditing
To determine the exporting Party’s ability to provide required assurances and meet the importing Party's sanitary and phytosanitary measures, each importing Party has the right, under this Article, to audit the competent authorities and relevant or designated inspection systems of the exporting Party. Audits may include evaluating the control programs of the competent authorities, including, as appropriate, an appraisal of inspection and auditing programs and on-site checks.
Audits shall be system-based and designed to verify the effectiveness of the exporting Party’s competent authorities.
When conducting audits, a Party shall consider relevant guidance from the WTO SPS Committee and international standards, guidelines, and recommendations.
Before initiating audits, the importing and exporting Parties shall discuss the rationale and determine the objectives and scope of the audit; the standards or requirements for evaluating the exporting Party; and the sequence and procedures for conducting the audit.
The auditing Party allows the audited Party to provide comments on the audit results and considers those opinions before concluding and taking any action. The auditing Party shall provide a written report detailing its conclusions to the audited Party within a reasonable period.
Any decision or action resulting from the audit must be based on verifiable objective evidence and data, considering the knowledge, experience, and level of confidence of the auditing Party in the audited Party. Objective evidence and data shall be provided to the audited Party upon request.
The auditing costs shall be borne by the auditing Party unless otherwise agreed upon by both Parties respectively.
Both the auditing and audited Parties must ensure procedures are in place to prevent the disclosure of confidential information obtained during the audit.Article 7.11: Import Inspection
Each Party shall ensure that its import programs are based on the risks associated with importation and that import inspections are conducted without unreasonable delays.
A Party shall, upon request, provide another Party with information about its import procedures and the basis for determining the nature and frequency of import inspections, including the factors it considers in assessing import-related risks.
A Party may adjust the frequency of its import inspections based on experience gained from import inspections or from actions or discussions provided for in this Chapter.
The importing Party shall, upon request, provide another Party with information regarding the methods of analysis, quality control procedures, sampling procedures, and the basis the importing Party uses to test a good. The importing Party shall ensure that all tests are conducted using appropriate and validated methods in a facility operating under a quality assurance program consistent with international laboratory standards. The importing Party shall maintain records, either in paper or electronic form, related to the identification, collection, sampling, transportation, and storage of test samples, as well as the analytical methods used on the test samples.
The importing Party shall ensure that its final decision on a finding of non-compliance with the importing Party's sanitary and phytosanitary measures is limited to what is reasonably and necessarily related to the existing science.
If an importing Party prohibits or restricts the importation of a good from another Party due to the results of an import inspection failing to meet requirements, the importing Party shall notify at least one of the following: the importer or the importer's agent; the exporter; the producer; or the exporting Party.
When the importing Party sends a notification under paragraph 6, the notification shall:
(a) include:
(i) the reasons for the prohibition or restriction;(ii) the legal basis for the actions or for allowing the action to be taken; and(iii) information on the status of the affected goods and, where appropriate, handling procedures;
(b) the notification shall be sent in accordance with the laws, regulations, and requirements of that Party as soon as possible and no later than seven days after the decision to prohibit or restrict, except in cases where the goods are confiscated by a customs authority; and
(c) if the notification has not been provided through another channel, it shall be sent electronically, if feasible.
Where an importing Party prohibits or restricts the importation of a good from another Party based on the results of an import inspection failing to meet requirements, the importing Party shall facilitate a review of the decision and consider relevant information provided to support the review process. The request for review and information should be submitted to the importing Party within a reasonable timeframe.
If an importing Party determines that a sanitary and phytosanitary measure has been significantly, persistently, or repeatedly non-compliant, the importing Party shall notify the exporting Party.
Upon request, the importing Party shall provide the exporting Party with information on goods from the exporting Parties identified as non-compliant with the importing Party's sanitary and phytosanitary measures.
Article 7.12: Certification
The Parties acknowledge that assurances regarding sanitary or phytosanitary requirements may be provided in forms other than certification and that different systems can meet the same sanitary or phytosanitary objectives.
If an importing Party requires certification for the commercial trade of a good, it shall ensure that the certification requirement is applied only to the extent necessary to protect human, animal, or plant life or health in achieving its sanitary or phytosanitary objectives.
When applying certification requirements, the importing Party shall consider relevant guidance from the WTO SPS Committee and international standards, guidelines, and recommendations.
The importing Party shall restrict declarations and the information it requires on the certificate to the information necessary to address its sanitary or phytosanitary objectives.
The importing Party, upon request, shall provide the other Party with the reasons for the declarations or information required on a certificate.
The Parties may agree to work together to develop model certificates for specific goods traded between the Parties, considering the relevant guidance from the WTO SPS Committee and international standards, guidelines, and recommendations.
The Parties should encourage the adoption of electronic certification and other technologies to facilitate trade.
Article 7.13: Transparency
The Parties acknowledge the value of continuous information sharing on their sanitary and phytosanitary measures and facilitating contributions from interested persons and other Parties on proposed sanitary and phytosanitary measures.
In implementing this Article, each Party shall consider relevant guidance from the WTO SPS Committee and international standards, guidelines, and recommendations.
A Party shall use the WTO SPS notification system to notify other Parties of proposed sanitary and phytosanitary measures that may affect trade, including measures consistent with international standards, guidelines, or recommendations.
Except in cases of urgent problems or threats to human, animal, or plant life or health, or for a trade facilitative measure, a Party should allow at least 60 days for interested persons and other Parties to present written comments on the proposed measure after notifying under paragraph 3. Where possible and appropriate, the period should be longer than 60 days. The Party shall consider reasonable requests for an extended period for comments from interested persons or other Parties. The proposing Party shall respond to written comments from another Party appropriately upon request.
The Parties shall publish, electronically or in an official journal or on a website, proposed sanitary and phytosanitary measures notified under paragraph 3, the legal basis for the measures, and written comments or a summary of written comments received on the measures from the public.
If a Party proposes a sanitary and phytosanitary measure not based on an international standard, guideline, or recommendation, it shall provide another Party, upon request and to the extent practicable consistent with its confidentiality and privacy requirements, with relevant documents considered in developing the proposed measure, including objective and documented evidence related to the measure, such as risk assessments, relevant studies, and expert opinions.
A Party proposing to adopt a sanitary and phytosanitary measure shall discuss, upon request and where appropriate and feasible, scientific or trade concerns raised by another Party regarding the proposed measure and available alternative measures less restrictive of trade to achieve the measure's objective.
Each Party shall publish, preferably electronically, notifications of official sanitary and phytosanitary measures in an official journal or website.
Each Party shall notify other Parties of official sanitary and phytosanitary measures through the WTO SPS notification system. Each Party shall ensure that documents or notifications regarding an official sanitary and phytosanitary measure specify the measure's effective date and its legal basis. A Party shall also notify another Party, upon request and to the extent practicable consistent with its confidentiality and privacy requirements, of substantive written comments and relevant documents considered to support the measures received during the comment period.
When an official sanitary and phytosanitary measure significantly differs from the proposed measure, a Party shall clearly explain in the notification of the official sanitary and phytosanitary measure it publishes the following:
(a) the objectives, reasons for the measure, and how the measure is appropriate for those objectives and reasons; and(b) significant changes from the proposed measure.
(a) a significant sanitary or phytosanitary risk (if any) related to the export of a good from its territory;(b) emergency situations where a change in the health status of animals or plants in its territory may affect current trade;(c) significant changes in localized pest or disease status;(d) significant new scientific findings affecting food safety regulations, pest controls; and(e) significant changes in food safety, pest management, or control policies or methods that may affect current trade.
Where possible and appropriate, a Party should provide a period longer than six months from the date of publication of an official sanitary or phytosanitary measure to its effective date, except when the measure addresses an urgent problem for protecting human, animal, or plant life or health, or a trade facilitative measure.
A Party shall provide another Party, upon request, with all its sanitary and phytosanitary measures related to the importation of a good into its territory.
Article 7.14: Emergency Measures
If a Party adopts an emergency measure necessary for protecting human, animal, or plant life or health, it shall immediately notify the other Parties of the measure through the central representatives and relevant contact points specified in Article 7.6 (Competent Authorities and Contact Points). The Party adopting the emergency measure shall consider any information provided by the other Parties following receipt of the notification.
If a Party adopts an emergency measure, it shall review the scientific basis of that measure within six months and publish the results of the review to any Party that requests it. If the emergency measure is maintained after the review because the reason for adopting the measure persists, the adopting Party shall periodically review the measure.
Article 7.15: Cooperation
The Parties shall seek opportunities for cooperation and information exchange on sanitary and phytosanitary issues of mutual interest as provided for in this Chapter. Opportunities may include trade facilitation and technical assistance initiatives. The parties shall cooperate to facilitate the implementation of this Chapter.
The Parties shall cooperate and may jointly identify work related to sanitary and phytosanitary issues with the objective of eliminating unnecessary obstacles to trade between the Parties.
Article 7.16: Information Exchange
A Party may request information from another Party regarding an issue arising under this Chapter. The Party receiving the request shall make efforts to provide available information to the requesting Party within a reasonable timeframe and, if possible, electronically.
Article 7.17: Technical Consultations
If a Party has concerns about an issue arising under this Chapter with another Party, it shall make efforts to resolve the issue using the available administrative procedures of the other Party's competent authority. If there are bilateral or other mechanisms available between the relevant Parties to address the issue, the Party raising the issue shall make efforts to resolve it through those mechanisms if appropriate. A Party may engage in technical consultations under paragraph 2 at any time if it considers that administrative procedures, bilateral mechanisms, or other mechanisms will not resolve the issue.
One or more Parties (the requesting Party) may initiate technical consultations with another Party (the responding Party) to discuss issues arising under this Chapter that the requesting Party believes may negatively affect its trade by submitting a request to the responding Party's central representative. The request must be made in writing and specify the reasons for the request, including a description of the Party's concerns about the issue and the provisions of this Chapter relevant to the issue.
Unless otherwise agreed by the requesting Party and the responding Party (hereafter referred to as the consulting Parties), the responding Party shall acknowledge the request in writing within seven days of receiving the request.
Unless otherwise agreed, the consulting Parties shall meet within 30 days of receipt of the responding Party's acknowledgment of the request, with the objective of resolving the issue within 180 days of the request if possible. The meeting may take place in person or through electronic means.
The consulting Parties shall ensure appropriate participation of relevant regulatory and trade agencies in meetings held under this Article.
All information exchanged between the consulting Parties during technical consultations and all documents used for consultation shall be kept confidential unless the consulting Parties agree otherwise and do not affect any Party's rights and obligations under this Agreement, the WTO Agreement, or other international agreements to which the Party is a participant.
The requesting Party has the right to cease technical consultations under this Article and proceed with dispute resolution under Chapter 28 (Dispute Resolution) if:
(a) the meeting described in paragraph 4 does not occur within 37 days from the date of the request or within a different timeframe agreed upon by the consulting Parties per paragraphs 3 and 4; or(b) the meeting described in paragraph 4 has been held.
Article 7.18: Dispute Resolution
(a) For Article 7.8 (Equivalence), Article 7.10 (Audit), and Article 7.11 (Import Inspection), Chapter 28 (Dispute Resolution) will apply to the responding Party one year after this Agreement's effective date for that Party; and(b) For Article 7.9 (Risk Analysis and Science), Chapter 28 (Dispute Resolution) will apply to the responding Party two years after this Agreement's effective date for that Party.
1 For clarity, the Parties acknowledge that import inspection is one of many tools available to assess compliance with an importing Party's sanitary and phytosanitary measures.
2 No Party may invoke dispute resolution under Chapter 28 (Dispute Resolution) for this point.
3 No Party may invoke dispute resolution under Chapter 28 (Dispute Resolution) for this paragraph.
4 For clarity, paragraph 4(b) applies only to risk analysis of a sanitary and phytosanitary measure within the scope of Appendix B of the SPS Agreement.
5 In the scope of paragraphs 6(b) and 6(c), a risk management option does not restrict trade more than necessary, except where a substantially less trade restrictive option providing an appropriate level of sanitary or phytosanitary protection, considering economic and technical feasibility, is available.
6 For clarity, this Article does not prevent an importing Party from inspecting an establishment to determine if it complies with the importing Party's sanitary or phytosanitary requirements or the established equivalent requirements.
7 For clarity, this Article does not preclude a Party from conducting import inspections to obtain information for risk assessment or to determine the need, periodically establish, or review a risk-based import program.
8 For the purposes of this paragraph, "days" do not include holidays of the importing Party.
9 For clarity, this Article does not preclude an importing Party from discarding goods found to contain a transmissible pathogenic agent or pest that could spread and cause harm to human, animal, or plant life in the Party's territory if urgent action is not undertaken.
10 For clarity, this Article applies only to a sanitary or phytosanitary measure within the scope of Appendix B of the SPS Agreement.MỤC LỤC
TPP - Chương 02 - Nguyên tắc đối xử quốc gia và việc tiếp cận thị trường hàng hóa
TPP - Chương 05 - Quản lý hải quan và tạo thuận lợi trong thương mại
TPP - Chương 16 - Chính sách cạnh tranh
TPP - Chương 17 - Các doanh nghiệp nhà nước và các đơn vị độc quyền
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