Adaptation to Regional Conditions. In order to facilitate trade between the Parties, where a Party objectively demonstrates an area or part of its territory to be free of a pest or disease or an area to be of low pest prevalence, following an assessment by the other Party, the Parties may agree to recognise this status.
Adaptation to Regional Conditions. 1. Where a Party has an area or part of its territory free of a disease or pest, the Parties may agree in accordance with Implementing Arrangement 3, to list this status and the measures in place in Implementing Arrangement 2 to ensure that the disease or pest free status will be maintained in the event of an incursion.
2. In the event of an incursion of a disease or pest specified in Implementing Arrangement 2, the importing Party shall recognise the exporting Party’s measures specified in Implementing Arrangement 2 for the purpose of facilitating trade among the Parties.
3. The Parties may agree to list additional diseases or pests in Implementing Arrangement 2, in accordance with the criteria specified in Implementing Arrangement 3.
Adaptation to Regional Conditions. 1. Each Party shall adapt any of its phytosanitary or animal health measures related to the introduction, establishment or spread of an animal or plant pest or disease to the phytosanitary or animal health characteristics of the area where a good subject to such measure is produced and to the area in its territory for which the good is destined, taking into account relevant conditions, including those relating to transport and handling of cargo between such areas. In assessing such characteristics of an area, taking into account whether it is a pest-free or disease-free area and can be maintained as such, or is an area of low pest or disease prevalence, each Party shall take into account, among other factors:
(a) the prevalence of pests or diseases in that area;
(b) the existence of eradication or control programs in the area; and
(c) any relevant standards, guidelines or recommendations.
2. In addition to the provisions of paragraph 1, each Party, when establishing whether an area is a pest-free or disease-free area or an area of low pest or disease prevalence, shall base its judgement on factors such as geographical conditions, ecosystems, epidemiological surveillance and the effectiveness of phytosanitary or zoosanitary controls in that area.
3. Each importing Party shall recognize that an area in the territory of the exporting Party is, and may be maintained as, a pest-free or disease-free area or an area of low pest or disease prevalence, when the exporting Party provides the importing Party with sufficient scientific or other information to demonstrate this to the satisfaction of the importing Party. To this end, each exporting Party shall, upon request, allow the importing Party access to its territory for inspection, testing and other relevant procedures.
4. Each Party, taking into account any relevant conditions, including those related to the transportation and handling of the cargo, may, in accordance with this section:
a) adopting, applying or maintaining a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence; and
b) make a different determination for the disposition of a good produced in a pest-free or disease-free area than for one produced in an area of low pest or disease prevalence.
5. In adopting, applying or maintaining a phytosanitary or animal health measure in relation to the introduction, establishment or spread of an animal or plant pest or disease, each Party sh...
Adaptation to Regional Conditions. 1. The Parties recognise the concept of adaptation to regional conditions, including pest- or disease-free areas and areas of low pest or disease prevalence, as an important means to facilitate trade.
2. When determining such areas, the Parties shall consider factors such as information of the Parties confirming the status of pest- or disease-free areas and areas of low pest or disease prevalence, the results of an audit, inspection monitoring, information provided by OIE and IPPC and other factors.
Adaptation to Regional Conditions. 1. The Parties agree that issues related to the adaptation of zones with different sanitary and phytosanitary status and that affect or may affect trade between them shall be addressed in accordance with Article 6 of the SPS Agreement.
2. The Parties take note of the Guidelines to further the Practical Implementation of Article 6 of the Agreement on the Application of Sanitary and Phytosanitary Measures (G/SPS/48) adopted by the WTO Committee on Sanitary and Phytosanitary Measures and of relevant standards developed by OIE and IPPC.
3. In case of an event affecting the sanitary or phytosanitary status of a pest-free or disease-free area or an area of low pest or disease prevalence, the Parties shall do their utmost for re-establishing such status based on risk assessments taking into account relevant international standards, guidelines and recommendations.
Adaptation to Regional Conditions. 1. With respect to an animal, animal product and animal by-product:
(a) the Parties recognise the concept of zoning and they have decided to apply this concept to the diseases listed in Annex 5-B;
(b) if the Parties decide on principles and guidelines to recognise regional conditions, they shall include them in Annex 5-C;
(c) for the purpose of sub-paragraph (a), the importing Party shall base its sanitary measure applicable to the exporting Party whose territory is affected by a disease listed in Annex 5-B on the zoning decision made by the exporting Party, provided that the importing Party is satisfied that the exporting Party’s zoning decision is in accordance with the principles and guidelines that the Parties set out in Annex 5-C, and is based on relevant international standards, guidelines, and recommendations. The importing Party may apply any additional measure to achieve its appropriate level of sanitary protection;
(d) if a Party considers that it has a special status with respect to a disease not listed in Annex 5-B, it may request recognition of that status. The importing Party may request additional guarantees for imports of live animals, animal products, and animal by-products appropriate to the agreed status recognised by the importing Party, including the special conditions identified in Annex 5- E; and
(e) the Parties recognise the concept of compartmentalisation and agree to cooperate on this matter.
2. With respect to a plant and plant product:
(a) when the importing Party establishes or maintains its phytosanitary measure, it shall take into account, among other things, the pest status of an area, such as a pest-free area, pest-free place of production, pest-free production site, an area of low pest prevalence and a protected zone that the exporting Party has established; and
(b) if the Parties decide on principles and guidelines to recognise regional conditions, they shall include them in Annex 5-C.
Adaptation to Regional Conditions. Animals, animal products and animal by-products
1. The Parties recognise the principle(s) of zoning (and of compartmentalisation) which they agree to apply in their trade. The Parties also recognise the official animal health status as determined by the OIE.
2. The importing Party shall recognise the health status of zones and zoning decisions as determined by the exporting Party in accordance with the provisions of the OIE Terrestrial Animal Health Code and the OIE Aquatic Animal Health Code. The [Committee or body defined by the Agreement] referred to in Article [XX] may define further details for the procedure for the mutual recognition of such areas, taking into account any relevant SPS Agreement and OIE standards, guidelines or recommendations. This procedure will include situations related to outbreaks.
3. With references to paragraph 2 of this Article, the exporting Party shall if requested in exceptional cases by the importing Party, provide a thorough explanation and supporting data for the determinations and decisions covered by this Article. The importing Party shall assess the received information within 15 working days of its receipt. Any audit the importing Party may request shall be carried out in accordance with Article X.8 (Audit). In case the importing Party requires audit and unless otherwise agreed between the Parties, the audit shall be carried out within 25 working days following the receipt of the request. In cases the importing party requires additional information and/or audits, the overall procedures including the decisions shall be finalised within two months, unless otherwise agreed between the Parties.
4. Where a Party considers that it has a special status with respect to any other disease not referred to in paragraphs 1 and 2, it may request recognition of this status.
5. The importing Party shall recognize the determination of phytosanitary status of the exporting Party in accordance with the following provisions:
(a) The Parties recognize the concepts of pest-free areas, pest-free places of production and pest-free production sites, as well as areas of low pest prevalence as specified in relevant FAO and IPPC International Standards for Phytosanitary Measures (ISPM), and of protected zones which they agree to apply in their trade.
(b) When establishing or maintaining phytosanitary measures, the importing Party shall take into account pest-free areas, pest-free places of production, pest-free production sites, areas of low p...
Adaptation to Regional Conditions. 1. The Parties agree to enhance cooperation on matters pertaining to adaptation to regional conditions of the Parties, including the recognition of pest- or disease- free areas, areas of low pest or disease prevalence, and pest- or disease-free production sites or compartments, taking into account relevant guidelines and recommendations of the WTO Committee on Sanitary and Phytosanitary Measures, the IPPC, the OIE and the Codex Alimentarius.
2. The Parties may define further details for the procedure for the recognition of such areas, production sites or compartments, including procedures for the recognition of such areas, production sites or compartments when there has been a pest or disease outbreak, taking into account the SPS Agreement and any relevant OIE and IPPC standards, guidelines or recommendations.
3. If the importing Party does not accept the evidence provided by the exporting Party, it shall explain the reasons and shall be ready to enter into technical consultations.
4. The Parties shall promote cooperation of their responsible authorities in order to facilitate implementation of this Article.
Adaptation to Regional Conditions. 1. The Parties may make determinations in relation to regionalisation, pest- or disease-free areas, areas of low pest or disease prevalence, zoning and compartmentalisation which shall be consistent with the SPS Agreement, and in particular Article 6 thereof.
2. The Parties may agree the principles and procedures applicable to the determinations regarding adaptation to regional conditions made in accordance with paragraph 1 of this Article, and any such agreed principles and procedures shall be recorded in an implementing arrangement.
3. Any determinations in relation to regionalisation, pest-free or disease- free areas, areas of low pest or disease prevalence, zoning and compartmentalisation shall be recorded in an implementing arrangement.
4. When the importing Party commences a determination, the Party shall promptly upon request, explain its plan for making the determination of regional conditions, and if the determination is positive, for enabling trade.
5. Upon request, the importing Party shall inform the exporting Party of the progress of their specific determination request. The importing Party shall also inform the exporting Party of any unexpected delay that may occur during the process.
6. The Parties may also decide in advance the risk management measures that will apply to trade between them in the event of a change in status.
7. Following a determination assessment, if the evaluation of the evidence provided by the exporting Party does not result in a decision by the importing Party to recognise the pest-free and disease-free areas, or areas of low pest and disease prevalence, the importing Party shall provide the exporting Party the rationale for its decision.
Adaptation to Regional Conditions. The Parties recognise that the principle of adaptation to regional conditions, as set out in Article 6 of the SPS Agreement, is an important mean to facilitate trade. To that end, each Party shall take into account, as appropriate, standards, guidelines and recommendations, developed by the WTO Committee on SPS and relevant international standard-setting bodies, consistent with Annex A to the SPS Agreement.
