Common use of Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection Clause in Contracts

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 3For purposes of paragraph 6 of Article 5, a measure is not more trade-restrictive than required unless there is another measure, reasonably available taking into account technical and economic feasibility, that achieves the appropriate level of sanitary or phytosanitary protection and is significantly less restrictive to trade. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3feasibility.See footnote 3 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information 3For purposes of paragraph 6 of Article 5, a measure is not more trade-restrictive than required unless there is another measure, reasonably available taking into account technical and economic feasibility, that achieves the appropriate level of sanitary or phytosanitary protection and is significantly less restrictive to trade. necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌In accordance with the guidelines developed by relevant international organizations recognized by the WTO: 1. Members (a) the Parties shall ensure that their sanitary or phytosanitary measures are are, based on an assessment, as appropriate to the circumstances, of the existing risks to humanhuman (food safety), animal or plant life or healthhealth protection, taking into account the guidelines and risk assessment techniques developed by the relevant international organizations.; 2. In (b) the Parties shall facilitate the necessary conditions for the evaluation of their sanitary or phytosanitary services, by using the procedures in force, for the assessment of riskscontrols, Members inspections and application of sanitary or phytosanitary measures and programs, taking into account the guidelines and recommendations of the relevant international organizations; (c) in assessing the risk that may exist in a commodity and establishing the appropriate level of protection, the Parties shall take into account the following factors: (i) available technical and scientific evidence; information; (ii) existence of pests or diseases, and recognition of pest or disease-free areas and areas of low pest or disease prevalence; (iii) epidemiology of pests or diseases; (iv) analysis of critical control points in sanitary (food safety) and phytosanitary aspects; (v) physical, chemical and biological hazards in foods; (vi) relevant processes ecological and environmental conditions; (vii) production methods; relevant methods and processes, and the inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological ; (viii) structure and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level organization of sanitary or phytosanitary services; (ix) protection from such riskprocedures, Members shall take into account as relevant economic factors: the potential damage in terms of epidemiological surveillance, diagnosis and treatment to ensure food safety; (x) loss of production or sales in the event of the entry, establishment establishment, or spread of a pest or disease; (xi) applicable quarantine measures and treatments that shall satisfy the importing Party on risk mitigation; and (xii) the costs cost of control or eradication of pests or diseases in the territory of the importing Member; Party, and the relative cost-effectiveness of alternative approaches to limiting reduce risks.; 4. Members should, (d) when determining establishing the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member Parties shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situationsdistinctions, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves.; 6. Without prejudice to paragraph 2 of Article 3, (e) when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure a Party determines that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3 7. In cases where relevant scientific evidence is insufficientinsufficient for a risk assessment, it may adopt a Member may provisionally adopt provisional sanitary or phytosanitary measures measure on the basis of available pertinent information, including that information from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Membersdescribed in this Chapter. In such circumstances, Members the Parties shall seek to obtain the additional information necessary for a more objective risk assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time.. For this purpose, the following procedures shall be applied: 8(i) the importing Party provisionally applying the sanitary or phytosanitary measure shall, within 30 days of adopting the provisional measure, request the technical information necessary to complete a risk assessment from the other Party, which shall provide the required information. When In case the information is not provided, the provisional measure shall be maintained, and if the information is not requested within the established period, the provisional measure shall be withdrawn; (ii) if the importing Party has requested the information, it shall be a Member period of 60 days from the date of provision of such information to revise, withdraw or maintain the provisional measure as definitive. If necessary, the Party may extend the period; (iii) the importing Party may request clarification of the information provided by the exporting Party; (iv) the importing Party shall allow the exporting Party to provide its comments and shall take these into account in the conclusion of the risk assessment; and (v) the adoption or amendment of a provisional sanitary or phytosanitary measure shall be immediately notified to the other Party through the notification authorities established under the SPS Agreement; (f) where the risk assessment results in non-acceptance of an import, the scientific basis for the decision shall be notified in writing; and (g) when a Party has reason reasons to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member Party is constrainingrestricting, or has the potential to constrain, restrict its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member Party maintaining the measuremeasure within 60 days from the date on which its competent authority receives the inquiry.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into account all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.3feasibility. 3 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by 3For purposes of paragraph 6 of Article 5, a measure is not more trade-restrictive than required unless there is another measure, reasonably available taking into account technical and economic feasibility, that achieves the appropriate level of sanitary or phytosanitary protection and is significantly less restrictive to trade. another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary sani- tary or phytosanitary measures are based on an assessment, as appropriate appropri- ate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific scien- tific evidence; relevant processes and production methods; relevant inspectioninspec- tion, sampling and testing methods; prevalence of specific diseases or pests; existence of pest- pest — or disease-disease — free areas; relevant ecological and environmental environ- mental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure meas- ure to be applied for achieving the appropriate ap- propriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant rel- evant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment estab- lishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative alter- native approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account ac- count the objective of minimizing negative nega- tive trade effects. 5. With the objective of achieving consistency consist- ency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions distinc- tions in the levels it considers to be appropriate ap- propriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs para- graphs 1, 2 and 3 of Article 12, to develop de- velop guidelines to further the practical practi- cal implementation of this provision. In developing the guidelines, the Committee Commit- tee shall take into account all relevant factors, including the exceptional character char- acter of human health risks to which people voluntarily expose themselves. 6. Without prejudice to paragraph 2 of Article Ar- ticle 3, when establishing or maintaining maintain- ing sanitary or phytosanitary measures to achieve the appropriate level of sanitary sani- tary or phytosanitary protection, Members Mem- bers shall ensure that such measures are not more trade-restrictive than required re- quired to achieve their appropriate level of sanitary or phytosanitary protectionpro- tection, taking into account technical and economic feasibility.3feasibility. 7. In cases where relevant scientific evidence evi- dence is insufficient, a Member may provisionally pro- visionally adopt sanitary or phytosanitary measures on the basis of available pertinent perti- nent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary nec- xxxxxx for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendationsrec- ommendations, or such standards, guidelines guide- lines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure.

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. ‌ 1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessmentassess ment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking taki ng into account risk assessment techniques developed by the relevant international organizations. 2. In the assessment of risks, Members shall take into account available scientific scien-tific evidence; relevant r elevant processes and production methods; relevant inspection, sampling and testing methods; prevalence pre valence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and a nd environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied app lied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members Me mbers shall take into account as relevant economic factors: the potential damage in terms of loss of o f production or sales in the event of the entry, establishment or spread of a pest or disease; the costs cost s of control or eradication eradi-cation in the territory of the importing Member; and the relative cost-effectiveness effectiv eness of alternative approaches to limiting risks. 4. Members should, when determining the appropriate level of sanitary or phytosanitary protectionprote ction, take into account the objective of minimizing negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance accorda nce with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation implem entation of this provision. In developing the guidelines, the Committee shall take into account all relevant r elevant factors, including the exceptional character of human health risks to which people voluntarily voluntar ily expose themselves. 6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining maintain-ing sanitary or o r phytosanitary measures to achieve the appropriate level of sanitary or phytosanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their th eir appropriate level of sanitary or phytosanitary phyto-sanitary protection, taking into account technical and economic feasibility.3eco nomic feasibility.[3] 7. In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt ad opt sanitary or phytosanitary measures on the basis of available pertinent information, including that th at from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information inf ormation necessary for a more objective assessment of risk and review the sanitary or phytosanitary phytosanitar y measure accordingly within a reasonable period of time. 8. When a Member has reason to believe that a specific sanitary or phytosanitary phytosani-tary measure introduced int roduced or maintained by another Member is constraining, or has the potential to constrain, its exports exp orts and the measure is not based on the relevant international inter-national standards, guidelines or recommendationsrecommen dations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons reas ons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member Me mber maintaining the measure.