Common use of Adaptation to Regional Conditions Clause in Contracts

Adaptation to Regional Conditions. 1. Each Party shall adapt any of its sanitary or phytosanitary measures relating to the introduction, establishment or spread of an animal or plant pest or disease, to the sanitary or phytosanitary characteristics of the area where a good subject to such a measure is produced and the area in its territory to which the good is destined, taking into account any relevant conditions, including those relating to transportation and handling, between those areas. In assessing such characteristics of an area, including whether an area is, and is likely to remain, a pest-free or disease-free area or an area of low pest or disease prevalence, each Party shall take into account, among other factors: a) the prevalence of relevant pests or diseases in that area; b) the existence of eradication or control programs in that area; and c) any relevant international standard, guideline or recommendation. 2. Further to paragraph 1, each Party shall, in determining whether an area is a pest-free or disease-free area or an area of low pest or disease prevalence, base its determination on factors such as geography, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in that area. 3. Each importing Party shall recognize that an area in the territory of the exporting Party is, and is likely to remain, a pest- free or disease-free area or an area of low pest or disease prevalence, where the exporting Party provides to the importing Party scientific evidence or other information sufficient to so demonstrate to the satisfaction of the importing Party. For this purpose, each exporting Party shall provide reasonable access in its territory to the importing Party for inspection, testing and other relevant procedures. 4. Each Party may, in accordance with this Section: a) adopt, maintain or apply a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence, or b) make a different final determination for the disposition of a good produced in a pest-free or disease-free area than for a good produced in an area of low pest or disease prevalence, taking into account any relevant conditions, including those relating to transportation and handling. 5. Each Party shall, in adopting, maintaining or applying a sanitary or phytosanitary measure relating to the introduction, establishment or spread of an animal or plant pest or disease, accord a good produced in a pest-free or disease-free area in the territory of another Party no less favorable treatment than it accords a good produced in a pest-free or disease-free area, in another country, that poses the same level of risk. The Party shall use equivalent risk assessment techniques to evaluate relevant conditions and controls in the pest-free or disease- free area and in the area surrounding that area and take into account any relevant conditions, including those relating to transportation and handling. 6. Each importing Party shall pursue an agreement with an exporting Party, on request, on specific requirements the fulfillment of which allows a good produced in an area of low pest or disease prevalence in the territory of an exporting Party to be imported into the territory of the importing Party and achieves the importing Party's appropriate level of protection.

Adaptation to Regional Conditions. 1. Each Party shall adapt any of its sanitary phytosanitary or phytosanitary animal health measures relating related to the introduction, establishment or spread of an animal or plant pest or disease, disease to the sanitary phytosanitary or phytosanitary animal health characteristics of the area where a good subject to such a measure is produced and to the area in its territory to for which the good is destined, taking into account any relevant conditions, including those relating to transportation transport and handling, handling of cargo between those such areas. In assessing such characteristics of an area, including taking into account whether an area is, and it is likely to remain, 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 relevant pests or diseases in that area; (b) the existence of eradication or control programs in that the area; and (c) any relevant international standardstandards, guideline guidelines or recommendationrecommendations. 2. Further In addition to the provisions of paragraph 1, each Party shallParty, in determining 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 determination judgement on factors such as geographygeographical conditions, ecosystems, epidemiological surveillance and the effectiveness of sanitary phytosanitary or phytosanitary zoosanitary controls in that area. 3. Each importing Party shall recognize that an area in the territory of the exporting Party is, and is likely to remainmay be maintained as, a pest- pest-free or disease-free area or an area of low pest or disease prevalence, where when the exporting Party provides to the importing Party with sufficient scientific evidence or other information sufficient to so demonstrate this to the satisfaction of the importing Party. For To this purposeend, each exporting Party shall provide reasonable access in its territory to shall, upon request, allow the importing Party access to its territory for inspection, testing and other relevant procedures. 4. Each Party Party, taking into account any relevant conditions, including those related to the transportation and handling of the cargo, may, in accordance with this Sectionsection: a) adoptadopting, maintain applying or apply maintaining a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence, or; and b) make a different final determination for the disposition of a good produced in a pest-free or disease-free area than for a good one produced in an area of low pest or disease prevalence, taking into account any relevant conditions, including those relating to transportation and handling. 5. Each Party shall, in In adopting, applying or maintaining a phytosanitary or applying a sanitary or phytosanitary animal health measure relating in relation to the introduction, establishment or spread of an animal or plant pest or disease, each Party shall accord to a good produced obtained in a pest-free or disease-free area in the territory of another Party treatment no less favorable treatment than it accords that accorded to a good produced obtained in a pest-free or disease-free area, area in another country, that poses country presenting the same level of risk. The Party shall use equivalent risk assessment techniques to evaluate the relevant conditions and controls in the pest-free or disease- disease-free area and in the area surrounding adjacent to that area area, and shall take into account any relevant conditions, including those relating related to transportation transport and handlingcargo. 6. Each importing Party shall pursue an seek agreement with an the exporting Party, on upon request, on specific requirements the fulfillment of which allows that would allow a good produced obtained in an area of low pest or disease prevalence in the territory of an exporting Party to be imported into the territory of the importing Party and achieves the importing Party's appropriate level of protection.

Adaptation to Regional Conditions. 1. Each Party shall adapt any of its sanitary animal or phytosanitary plant health measures relating related to the introduction, establishment or spread of an a pest or disease to the animal or plant pest or disease, to the sanitary or phytosanitary health characteristics of the area where a good subject to such a that measure is produced and the area in its territory to which the good is destined, taking into account any relevant conditions, including those relating to transportation transport and handling, loading between those areas. In assessing such the animal and plant health characteristics of an area, including taking into account whether an area is, and it is likely to remain, a pest-free or disease-free area area, or is an area of low pest or disease prevalence, and may be retained as such, as the case may be, each Party shall take into account, among other factors: (a) the prevalence of relevant pests or diseases in that area; (b) the existence of eradication or control programs in that area; and (c) any relevant international standardstandards, guideline guidelines or recommendationrecommendations. 2. Further In addition to paragraph 1, each Party shallParty, in determining when establishing whether an area is a pest-free or disease-free area, or is 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 animal or plant health controls in that area. 3. An area in the territory of the exporting Party shall be recognized by the importing Party as a pest-free or disease-free area, or an area of low pest or disease prevalence, base its determination on factors such and may be retained as geographysuch, ecosystemsas the case may be, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in that area. 3. Each importing Party shall recognize that an area in the territory of the exporting Party is, and is likely to remain, a pest- free or disease-free area or an area of low pest or disease prevalence, where when the exporting Party provides to the importing Party with sufficient scientific evidence or other information sufficient to so demonstrate this to the satisfaction of the importing Party. For this purpose, each the exporting Party shall shall, upon request, provide the importing Party with reasonable access in its territory to the importing Party for inspection, testing and other relevant procedures. 4. Each Party may, in accordance with this Section: (a) adopt, maintain or apply a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence, ; or (b) make determine a different final determination destination for the disposition disposal of a good produced in a pest-free or disease-free area than for a good produced in an area of low pest or disease prevalence, ; taking into account any relevant conditions, including those relating related to transportation and handlingloading. 5. Each Party shall, in In adopting, maintaining or applying a sanitary an animal or phytosanitary plant health measure relating in relation to the introduction, establishment or spread of an animal or plant a pest or disease, each Party shall accord to a good produced in a pest-free or disease-free area in the territory of another the other Party treatment no less favorable treatment than it accords that accorded to a good produced in a pest-free or disease-free area, area in another country, that poses country presenting the same level of risk. The Party shall use equivalent risk assessment techniques to evaluate the relevant conditions and controls in the pest-free or disease- disease-free area and in the area surrounding adjacent to that area area, and shall take into account any relevant conditions, including those relating related to transportation and handlingcargo. 6. Each The importing Party shall pursue an seek agreement with an the exporting Party, on upon request, on specific requirements the fulfillment of requirements, compliance with which allows would allow a good produced in an area of low pest or disease prevalence in the territory of an the exporting Party to be imported into the territory of the importing Party and if it achieves the level of protection required by the importing Party's appropriate level of protection.

Adaptation to Regional Conditions. 1. Each Party shall adapt any of its sanitary or phytosanitary measures relating to the introduction, establishment or spread of an animal or plant pest or disease, to the sanitary or phytosanitary characteristics of the area where a good subject to such a measure is produced and the area in its territory to which the good is destined, taking into account any relevant conditions, including those relating to transportation and handling, between those areas. In assessing such characteristics of an area, including whether an area is, and is likely to remain, a pest-free or disease-free area or an area of low pest or disease prevalence, each Party shall take into account, among other factors: a) the prevalence of relevant pests or diseases in that area; b) the existence of eradication or control programs in that area; and c) any relevant international standard, guideline or recommendation. 2. Further to paragraph 1, each Party shall, in determining whether an area is a pest-free or disease-free area or an area of low pest or disease prevalence, base its determination on factors such as geography, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in that area. 3. Each importing Party shall recognize that an area in the territory of the exporting Party is, and is likely to remain, a pest- pest-free or disease-free area or an area of low pest or disease prevalence, where the exporting Party provides to the importing Party scientific evidence or other information sufficient to so demonstrate to the satisfaction of the importing Party. For this purpose, each exporting Party shall provide reasonable access in its territory to the importing Party for inspection, testing and other relevant procedures. 4. Each Party may, in accordance with this Section: a) adopt, maintain or apply a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence, or b) make a different final determination for the disposition of a good produced in a pest-free or disease-free area than for a good produced in an area of low pest or disease prevalence, taking into account any relevant conditions, including those relating to transportation and handling. 5. Each Party shall, in adopting, maintaining or applying a sanitary or phytosanitary measure relating to the introduction, establishment or spread of an animal or plant pest or disease, accord a good produced in a pest-free or disease-free area in the territory of another Party no less favorable treatment than it accords a good produced in a pest-free or disease-free area, in another country, that poses the same level of risk. The Party shall use equivalent risk assessment techniques to evaluate relevant conditions and controls in the pest-free or disease- disease-free area and in the area surrounding that area and take into account any relevant conditions, including those relating to transportation and handling. 6. Each importing Party shall pursue an agreement with an exporting Party, on request, on specific requirements the fulfillment of which allows a good produced in an area of low pest or disease prevalence in the territory of an exporting Party to be imported into the territory of the importing Party and achieves the importing Party's appropriate level of protection.

Adaptation to Regional Conditions. 1. Each Party shall adapt any of its sanitary or phytosanitary measures relating to the introduction, establishment or spread of an animal or plant pest or disease, to the sanitary or phytosanitary characteristics of the area where a good subject to such a measure is produced and the area in its territory to which the good is destined, taking into account any relevant conditions, including those relating to transportation and handling, between those areas. In assessing such characteristics of an area, including whether an area is, and is likely to remain, a pest-free or disease-free area or an area of low pest or disease prevalence, each Party shall take into account, among other factors: a) the prevalence of relevant pests or diseases in that area; b) the existence of eradication or control programs in that area; and c) any relevant international standard, guideline or recommendation. 2. Further to paragraph 1, each Party shall, in determining whether an area is a pest-free or disease-free area or an area of low pest or disease prevalence, base its determination on factors such as geography, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in that area. 3. Each importing Party shall recognize that an area in the territory of the exporting Party is, and is likely to remain, a pest- pest-free or disease-free area or an area of low pest or disease prevalence, where the exporting Party provides to the importing Party scientific evidence or other information sufficient to so demonstrate to the satisfaction of the importing Party. For this purpose, each exporting Party shall provide reasonable access in its territory to the importing Party for inspection, testing and other relevant procedures. 4. Each Party may, in accordance with this Section: a) adopt, maintain or apply a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence, or b) make a different final determination for the disposition of a good produced in a pest-free or disease-free area than for a good produced in an area of low pest or disease prevalence, taking into account any relevant conditions, including those relating to transportation and handling. 5. Each Party shall, in adopting, maintaining or applying a sanitary or phytosanitary measure relating to the introduction, establishment or spread of an animal or plant pest or disease, accord a good produced in a pest-free or disease-free area in the territory of another Party no less favorable treatment than it accords a good produced in a pest-free or disease-free area, in another country, that poses the same level of risk. The Party shall use equivalent risk assessment techniques to evaluate relevant conditions and controls in the pest-free or disease- free area and in the area surrounding that area and take into account any relevant conditions, including those relating to transportation and handling. 6. Each importing Party shall pursue an agreement with an exporting Party, on request, on specific requirements the fulfillment of which allows a good produced in an area of low pest or disease prevalence in the territory of an exporting Party to be imported into the territory of the importing Party and achieves the importing Party's appropriate level of protection.