Common use of Committee on Sanitary and Phytosanitary Measures Clause in Contracts

Committee on Sanitary and Phytosanitary Measures. 1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Sanitary and Phytosanitary Measures, composed of government representatives of each Party responsible for sanitary and phytosanitary matters. 2. The SPS Committee shall serve as a forum: (a) to consider any matter related to this Chapter, including relating to its implementation; (b) to improve the Parties' understanding of sanitary or phytosanitary issues that relate to the implementation of the SPS Agreement or this Chapter; (c) to enhance mutual understanding of each Party's sanitary or phytosanitary measures or the regulatory processes that relate to those measures; (d) to enhance communication and cooperation among the Parties related to sanitary or phytosanitary matters; (e) to identify and discuss, at an early appropriate stage, proposed sanitary or phytosanitary measures or revisions to existing sanitary or phytosanitary measures that may have a significant effect on trade in North America including for the purposes of issue avoidance and facilitating greater alignment of sanitary or phytosanitary measures; and (f) for a Party to share information, as appropriate, on a sanitary or phytosanitary matter that has arisen between it and another Party or Parties. 3. The SPS Committee may serve as a forum: (a) if appropriate, to identify and develop technical assistance and cooperation projects between the Parties on sanitary and phytosanitary measures; (b) to consult on matters and positions for meetings of the WTO SPS Committee, and meetings held under the auspices of the Codex Alimentarius Commission, the World Organisation for Animal Health, the International Plant Protection Convention, and other international organizations as appropriate; (c) to identify, prioritize, manage, and resolve bilateral or trilateral issues; (d) to review progress on addressing specific trade concerns related to the application of a sanitary or phytosanitary measure, with a view to facilitating mutually acceptable solution; (e) to establish and, as appropriate, determine the scope and mandate of technical working groups in areas such as, animal health, plant health, food safety, or pesticides, taking into account existing mechanisms, to undertake work related to the implementation of this Chapter; (f) to provide guidance to technical working groups, as needed and appropriate, for the identification, prioritization, and management of sanitary or phytosanitary matters; (g) to request updates and discuss the work of the technical working groups; (h) to review the recommendation from a technical working group regarding whether it should be continued, suspended, or dissolved; (i) to seek, to the extent practicable, the assistance of relevant international or regional organizations, such as the North American Plant Protection Organization, to obtain available scientific and technical advice and minimize duplication of effort; and (j) to facilitate the development, as appropriate, of common principles, guidelines and approaches on matters covered by this Chapter. 4. The SPS Committee shall establish its terms of reference at its first meeting and may revise those terms of reference as needed. 5. The SPS Committee shall meet within one year of the date of entry into force of this Agreement and once a year thereafter unless the Parties decide otherwise. 6. The SPS Committee shall report annually to the Commission on the implementation of this Chapter.

Committee on Sanitary and Phytosanitary Measures. 1. For the purposes of the effective implementation and operation of this Chapter, the The Parties hereby establish a Committee on Sanitary and Phytosanitary MeasuresMeasures (hereinafter the Committee), composed of government representatives of each Party responsible for with responsibilities in this area, in accordance with Annex 6.11 (Committee on Sanitary and Phytosanitary Measures), as a forum to ensure and monitor the implementation and administration of this Chapter, as well as to address and attempt to resolve problems that arise in trade in goods subject to the application of sanitary and phytosanitary mattersmeasures. 2. The SPS Committee may establish working groups on sanitary and phytosanitary matters as it deems appropriate. 3. The functions of the Committee shall serve as a foruminclude: (a) to consider any matter related to monitor the implementation and administration of this Chapter, including relating to its implementation; (b) to improve the Parties' understanding of sanitary or phytosanitary issues that relate report to the Commission on the implementation and administration of the SPS Agreement or this Chapter; (c) to enhance mutual understanding of each Party's sanitary or phytosanitary measures or the regulatory processes that relate to those measures; (d) to enhance communication and cooperation among the Parties related to sanitary or phytosanitary matters; (e) to identify and discuss, at an early appropriate stage, proposed sanitary or phytosanitary measures or revisions to existing sanitary or phytosanitary measures that may have a significant effect on trade in North America including for the purposes of issue avoidance and facilitating greater alignment of sanitary or phytosanitary measures; and (f) for a Party to share information, as appropriate, on a sanitary or phytosanitary matter that has arisen between it and another Party or Parties. 3. The SPS Committee may serve as a forum: (a) if appropriate, to identify and develop technical assistance and cooperation projects between the Parties on sanitary and phytosanitary measures; (b) to consult on matters and positions for meetings of the WTO SPS Committee, and meetings held under the auspices of the Codex Alimentarius Commission, the World Organisation for Animal Health, the International Plant Protection Convention, and other international organizations as appropriate; (c) serve as a forum to identifyconsult, prioritize, manage, discuss and attempt to resolve bilateral problems related to the development or trilateral issuesapplication of sanitary or phytosanitary measures that affect or may affect trade between the Parties; (d) contribute to review progress trade facilitation through the timely handling of consultations on addressing specific trade concerns related to the application of a sanitary or phytosanitary measure, with a view to facilitating mutually acceptable solution; (e) to establish and, as appropriate, determine the scope and mandate of technical working groups in areas such as, animal health, plant health, food safety, or pesticides, taking into account existing mechanisms, to undertake work problems related to the implementation of this Chapter; (e) improve any present or future relationship between the offices responsible for the application of sanitary and phytosanitary measures of the Parties; (f) contribute to provide guidance to technical working groupsmutual understanding of the Parties' sanitary and phytosanitary measures, as needed and appropriate, for the identification, prioritizationtheir implementation processes, and management of sanitary or phytosanitary mattersrelated domestic regulations; (g) to request updates detect and discuss the work promote cooperation, technical assistance, training and exchange of the technical working groupsinformation on sanitary and phytosanitary measures; (h) to review Establish procedures for the recommendation from a technical working group regarding whether it should be continuedrecognition of pest or disease free zones, suspended, areas or dissolvedcompartments; (i) define the mechanisms or procedures for the recognition of equivalence of sanitary and phytosanitary measures, as well as determine the procedures and deadlines for risk evaluations in an agile and transparent manner; (j) consult on the position of the Parties on issues to seekbe discussed at meetings of the WTO Committee on Sanitary and Phytosanitary Measures, Codex Alimentarius committees and other fora to which the extent practicable, the assistance of relevant international or regional organizations, such as the North American Plant Protection Organization, to obtain available scientific and technical advice and minimize duplication of effortParties are party; and (jk) to facilitate the development, as appropriate, of common principles, guidelines and approaches on matters covered by deal with any other matter related to this Chapter. 4. The SPS Unless otherwise agreed by the Parties, the Committee shall establish its terms of reference meet at its first meeting least once (1) a year, on the date and according to the agenda previously agreed upon by the Parties. The Parties shall determine those cases in which extraordinary meetings may revise those terms of reference as neededbe held. 5. The SPS meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting. The first meeting of the Committee shall meet within be held no later than one (1) year of after the date of entry into force of this Agreement and once a year thereafter unless the Parties decide otherwiseTreaty. 6. The SPS Unless otherwise agreed by the Parties, the Committee shall report annually to be of a permanent nature and shall develop its working rules. 7. All decisions of the Commission on the implementation of this ChapterCommittee shall be made by mutual agreement.