Common use of Equivalence Clause in Contracts

Equivalence. 1. The Parties recognize that a positive determination of equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. 2. Further to Article 4 of the SPS Agreement, the Parties shall apply a recognition of equivalence to a specific sanitary or phytosanitary measure, or to the extent feasible and appropriate, to a group of measures or on a systems-wide basis. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations. 3. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address. 4. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, and without undue delay, its process for making the determination of equivalence, and, if the determination results in recognition, its plan for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment. 9. Once the importing Party determines that the information provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority. 11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group of measures, or system, even if the measure, group of measures, or system differs from its own, if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure achieves the importing Party's appropriate level of protection, taking into account outcomes that the exporting Party's measure, group of measures, or system achieves. 12. If an importing Party adopts a measure that recognizes the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, the importing Party shall communicate that measure to the exporting Party in writing and implement the measure without undue delay. 13. The Parties involved in an equivalence determination that results in recognition shall, if mutually decided, report the outcome to the SPS Committee. 14. If an assessment does not result in the recognition of equivalence, the importing Party shall communicate that determination and its rationale to the exporting Party without undue delay. 15. If a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies: (a) The Party shall notify the other Party involved in the recognition of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognition. (b) The Party shall, upon request of the other Party, provide information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to the Party that plans to adopt, modify, or repeal the measure, without undue delay. (c) The importing Party shall not revoke its recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending. 16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved in the recognition shall promptly discuss the determination made by the importing Party. 17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and (b) if other requirements under subparagraph (a) must be met, upon request, discuss those requirements with the exporting Party.

Equivalence. 1. The Parties recognize that a positive determination shall strengthen cooperation on equivalence in accordance with the SPS Agreement while taking into account the relevant decisions of the WTO Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as “WTO SPS Committee” in this Chapter) and international standards, guidelines, and recommendations. An importing Party shall recognise the equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. 2. Further to Article 4 of the SPS Agreement, the Parties shall apply a recognition of equivalence to a specific sanitary or phytosanitary measure if an exporting Party objectively demonstrates to the importing Party that the exporting Party’s measure achieves the same level of protection as the importing Party’s measure, or to that the extent feasible and appropriate, to a group of measures or on a systems-wide basisexporting Party’s measure has the same effect in achieving the objective as the importing Party’s measure. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations. 3. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address. 4. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, and without undue delay, its process for making the determination of equivalence, and, if the determination results in recognition, its plan for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment. 9. Once the importing Party determines that the information provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with as well as the regulatory competence, of the exporting Party's relevant competent authority. 11. An importing A Party shall recognize shall, upon request, enter into consultation with the aim of achieving bilateral recognition arrangements on the equivalence of a specified sanitary or phytosanitary measures. The recognition of equivalence under such bilateral recognition arrangements may be with respect to a single measure, a group of measures, or systemon a systems-wide basis. For this purpose, even if the measure, group of measures, or system differs from its own, if reasonable access shall be given by the exporting Party objectively demonstrates Party, upon request, to the importing Party that for inspection, testing, and other relevant procedures. As part of the consultation for equivalence recognition, on request of the exporting Party's measure achieves , the importing Party's appropriate level Party shall explain and provide: the rationale and objective of protectionits measures; and the specific risks its measures are intended to address. The exporting Party shall provide necessary information in order for the importing Party to commence an equivalence assessment. Once the assessment commences, taking into account outcomes that the exporting Party's measureimporting Party shall, upon request, and without undue delay, explain the process and plan for making an equivalence determination. The consideration by a Party of a request from another Party for recognition of the equivalence of its measures with regard to a specific product, or group of measuresproducts, shall not be in itself a reason to disrupt or system achieves. 12suspend ongoing imports from the Party of the product or products in question. If When an importing Party adopts a measure that recognizes recognises the equivalence of an exporting Party's ’s specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, the importing Party shall communicate that measure the decision in writing to the exporting Party in writing and implement the measure without undue delay. 13within a reasonable period of time. The rationale shall be provided in writing by the importing Party in the event that the decision is negative. The Parties involved in an a positive determination of equivalence determination that results in recognition shallare encouraged, if where mutually decidedagreed, report the outcome to the SPS Committee. 14. If an assessment does not result in the recognition of equivalence, the importing Party shall communicate that determination and its rationale to the exporting Party without undue delay. 15. If a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies: (a) The Party shall notify the other Party involved in the recognition of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognition. (b) The Party shall, upon request of the other Party, provide share information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to experiences at the Party that plans to adopt, modify, or repeal the measure, without undue delayCommittee on Goods. (c) The importing Party shall not revoke its recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending. 16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved in the recognition shall promptly discuss the determination made by the importing Party. 17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and (b) if other requirements under subparagraph (a) must be met, upon request, discuss those requirements with the exporting Party.

Equivalence. 1. The Parties recognize acknowledge that a positive determination recognition of the equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. 2. Further to Article 4 of the SPS Agreement, the Parties shall apply a recognition of equivalence to a specific sanitary group of measures or phytosanitary measureto measures on a systems-wide basis, or to the extent feasible and appropriate, to a group of measures or on a systems-wide basis. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, measures or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, guidelines and recommendations. 32. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and clearly identify the risk the sanitary or phytosanitary measure is intended to address. 43. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, assessment and without undue delay, its process for making the determination of equivalence, and, if the determination results in recognition, its plan for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment. 9. Once the importing Party determines that the information provided by the exporting Party is sufficient sufficient, it shall initiate the equivalence assessment within a reasonable period of time. 4. When an importing Party commences an equivalence assessment, that Party shall promptly, on request of the exporting Party, explain its equivalence process and plan for making the equivalence determination and, if the determination results in recognition, for enabling trade. 5. The recognition of equivalence requires an assessment and acceptance of: (a) the legislation, standards and procedures, as well as the programmes in place to finalize allow control and to ensure domestic and importing country requirements are met; (b) the documented structure of the competent authorities, their powers, their chain of command, their modus operandi and the resources available to them; and (c) the performance of the competent authorities in relation to the control and assurance programmes. In this assessment, the Parties shall take account of experience already acquired. 6. The importing Party shall finalize accept the assessment and communicate the results sanitary or phytosanitary measure of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority. 11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group of measures, or system, even if the measure, group of measures, or system differs from its own, as equivalent if the exporting Party objectively demonstrates to the importing Party that the exporting Party's its measure achieves the importing Party's appropriate level of protection, taking into account outcomes that protection or has the exporting same effect in achieving the objective as the importing Party's ’s measure, group of measures, or system achieves. 127. If When an importing Party adopts a measure that recognizes recognises the equivalence of an exporting Party's ’s specific sanitary or phytosanitary measure, group of measures, measures or measures on a systems-wide basis, the importing Party shall communicate that measure to the exporting Party in writing and implement writing. The recognition shall be applied to the measure trade between the Parties without undue delaydelay and shall be recorded in the Arrangement between New Zealand and Singapore on Recognition of Measures and Status (Implementing Arrangement 3) within a reasonable period of time. 138. The Parties involved in If an equivalence determination that results in recognition shall, if mutually decided, report the outcome to the SPS Committee. 14. If an assessment does not result in recognition by the recognition of equivalenceimporting Party, the importing Party shall communicate that determination and its rationale to provide the exporting Party without undue delaywith the rationale for its decision. 159. If a Where equivalence has not been recognised or where an application is pending, trade shall take place under the conditions required by the importing Party plans to adoptmeet its appropriate level of protection. The exporting Party may agree to meet the importing Party's conditions, modify, or repeal a measure that is without affecting the subject result of a sanitary or phytosanitary equivalence recognition, the following appliesprocess of determining equivalence. 10. Implementing Arrangement 3 may list: (a) The Party shall notify the other Party involved in the recognition those groups of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request measures or systems applicable to a sector or part of a Party involved in sector, for which the recognition, the Parties involved shall discuss whether the adoption, modification, respective sanitary or repeal of the measure may affect the equivalence recognition.phytosanitary measures are recognised as equivalent for trade purposes; (b) The Party shallactions to enable the assessment of equivalence to be completed in accordance with the process set out in this Article, upon request of the other Party, provide information and rationale concerning its planned adoption, modificationby any agreed dates, or repeal. The other Party shall review any information provided to it and submit any comments to as specified by the Party that plans to adopt, modify, or repeal the measure, without undue delay.importing Party; or (c) The importing Party shall not revoke its the specific guarantees related to recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending. 16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence special status provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved for in the recognition shall promptly discuss the determination made by the importing Party. 17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalenceImplementing Arrangement 2; and (bd) if other requirements under subparagraph (a) must be metmay also list those sectors, upon requestor parts of sectors, discuss those requirements with for which the exporting PartyParties apply differing sanitary or phytosanitary measures and have not concluded the determination provided for in paragraph 7.

Equivalence. 1. The Parties recognize recognise that a positive the application of equivalence is an important tool for trade facilitation. A determination of equivalence may be made in relation to partial or full equivalence of sanitary and phytosanitary measures is an important means to facilitate tradeand systems. 2. Further to Article 4 The determination of equivalence requires an objective, risk-based assessment or evaluation by the importing Party of the SPS Agreementexisting, revised or proposed measures. In recognising equivalence, the Parties shall apply take into account existing knowledge and information and the performance of the relevant competent authorities. 3. The importing Party shall accept the sanitary and phytosanitary measure of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measure achieves the same level of protection as the importing Party’s measure, or that its measure has the same effect in achieving the objective as the importing Party’s measures. To facilitate a recognition determination of equivalence to equivalence, a specific Party shall on request advise the other Party of the objective of any relevant sanitary or phytosanitary measure, or . 4. The Parties may agree the principles and procedures applicable to the extent feasible determinations of equivalence made in accordance with this Article, and appropriate, to a group of measures or on a systems-wide basisany such agreed principles and procedures shall be recorded in an implementing arrangement. 5. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems- wide basis, each Party The Parties shall take into account the relevant guidance of provided by the international standard-setting organisations, the IPPC for plant health, the OIE for animal health, Codex for food safety; and by the WTO SPS Committee on Sanitary and relevant international standardsPhytosanitary Measures, guidelines, and recommendationsas well as experience already acquired. 3. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address. 46. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates commences an equivalence assessment, the importing Party shall explainpromptly upon request, on request of the exporting Party, explain its equivalence process and without undue delay, its process plan for making the equivalence determination of equivalence, and, if the determination results in recognitionis positive, its plan for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting PartyUpon request, the importing Party shall inform the exporting Party of the status 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. 8. Following an equivalence assessment, if the evaluation of the equivalence assessment. 9. Once the importing Party determines that the information evidence provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority. 11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group of measures, or system, even if the measure, group of measures, or system differs from its own, if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure achieves the importing Party's appropriate level of protection, taking into account outcomes that the exporting Party's measure, group of measures, or system achieves. 12. If an importing Party adopts a measure that recognizes the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, the importing Party shall communicate that measure to the exporting Party in writing and implement the measure without undue delay. 13. The Parties involved in an equivalence determination that results in recognition shall, if mutually decided, report the outcome to the SPS Committee. 14. If an assessment does not result in a decision by the recognition of importing Party to recognize equivalence, the importing Party shall communicate that determination and its rationale to provide the exporting Party without undue delaythe rationale for its decision. 159. If Equivalence decisions shall be recorded in an implementing arrangement, including any additional conditions to be applied in the case of partial equivalence. This implementing arrangement may also record any action required of either Party to facilitate progress towards full equivalence. 10. The consideration by a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies: (a) The Party shall notify request from the other Party involved in the for recognition of the equivalence of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other measures with regard to a specific product shall not be in itself a reason to disrupt or suspend ongoing imports from that Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognitionproduct in question. (b) The Party shall, upon request of the other Party, provide information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to the Party that plans to adopt, modify, or repeal the measure, without undue delay. (c) The importing Party shall not revoke its recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending. 16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved in the recognition shall promptly discuss the determination made by the importing Party. 17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and (b) if other requirements under subparagraph (a) must be met, upon request, discuss those requirements with the exporting Party.

Equivalence. 1. The Parties recognize recognise that a positive the application of equivalence that principle set down in Article 4 of the SPS Agreement is an important tool for trade facilitation and has mutual benefits for both exporting and importing Parties. A determination of equivalence may be made in relation to partial or full equivalence of sanitary and phytosanitary measures is an important means to facilitate tradeand systems. 2. Further to Article 4 of the SPS Agreement, the Parties shall apply a recognition of equivalence to a specific sanitary or phytosanitary measure, or to the extent feasible and appropriate, to a group of measures or on a systems-wide basis. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations. 3. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address. 4. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, and without undue delay, its process for making the determination of equivalence, and, if the determination results in recognition, its plan for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment. 9. Once the importing Party determines that the information provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority. 11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group of measures, or system, even if the measure, group of measures, or system differs from its own, accept an exporting Party’s SPS measures as equivalent if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure achieves its measures achieve the importing Party's ’s appropriate level of SPS protection. To facilitate a determination of equivalence, taking into account outcomes that a Party shall, on request, advise the exporting Party's measure, group other Party of measures, or system achieves. 12. If an importing Party adopts a measure that recognizes the equivalence objective of an exporting Party's specific any relevant sanitary or phytosanitary measuremeasures. For this purpose, group of measuresreasonable access shall be given, or measures on a systems-wide basisupon request, to the importing Party shall communicate that measure to the exporting Party in writing for inspection, testing and implement the measure without undue delayother relevant procedures. 133. The Parties involved in an equivalence determination that results in recognition shall, if mutually decided, report the outcome to the SPS Committee. 14. If an assessment does not result in the recognition of equivalence, the importing Party shall communicate that determination and its rationale to the exporting Party without undue delay. 15. If a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies: (a) The Party shall notify the other Party involved in the recognition of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognition. (b) The Each Party shall, upon request, enter into consultations with the aim of achieving bilateral arrangements related to the (determination of) equivalence of specified SPS measures. 4. The Parties shall, within three months after receipt request from exporting Party, initiate the consultation process of equivalent determination. The determination of equivalence shall be finalised without undue delay after the demonstration of equivalence of the other proposed measures by the exporting Party, provide information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to the Party that plans to adopt, modify, or repeal the measure, without undue delay. (c) The importing Party shall not revoke its recognition of equivalence on accelerate the basis that an adoption, modification, or repeal of assessment taking into account any knowledge and past experience it has in trading with the measure is pendingexporting country to make the determination as efficiently as possible. 165. If a Party adopts, modifies, or repeals a measure that is the subject In case of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that multiple requests from the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved shall agree within the [Committee or body defined by the Agreement] referred to in Article [XX] on a time schedule in which they shall initiate the process. 6. The consideration by a Party of a request from another Party for recognition of the equivalence of its measures with regard to a specific product shall not be in itself a reason to disrupt or suspend ongoing imports from that Party of the product in question. When an equivalence determination is made, it shall be formally recorded and apply to the trade between the Parties in the recognition shall promptly discuss the determination made by the importing Partyrelevant area without delay. 177. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalenceWhere equivalence has been determined, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and (b) if other requirements under subparagraph (a) must be met, upon request, discuss those requirements with the exporting PartyParties may agree on alternative import conditions.

Equivalence. 1. The Parties recognize recognise that a positive determination the application of equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. 2. Further to in Article 4 of the SPS Agreement, the Parties shall apply Agreement is an important tool for trade facilitation and has mutual benefits for both exporting and importing countries. 2. Equivalence can be accepted for a recognition of equivalence specific SPS measure or measures related to a specific sanitary certain product or phytosanitary measurecategories of products, or to the extent feasible and appropriate, to a group of measures or on a systems-wide basis. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations. 3. On request The importing Party shall accept the SPS measures and systems of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address. 4. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, and without undue delay, its process for making the determination of equivalence, and, if the determination results in recognition, its plan for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment. 9. Once the importing Party determines that the information provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority. 11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group of measures, or system, even if the measure, group of measures, or system differs from its own, equivalent if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure achieves its measures achieve the importing Party's appropriate level of SPS protection, taking into account outcomes that the exporting Party's measure, group of measures, or system achieves. 12. If an importing Party adopts To facilitate a measure that recognizes the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, the importing Party shall communicate that measure to the exporting Party in writing and implement the measure without undue delay. 13. The Parties involved in an equivalence determination that results in recognition shall, if mutually decided, report the outcome to the SPS Committee. 14. If an assessment does not result in the recognition of equivalence, the importing Party shall communicate that determination and its rationale to the exporting Party without undue delay. 15. If a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies: (a) The Party shall notify the other Party involved in the recognition of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognition. (b) The Party shall, upon request of the other Party, provide information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to the Party that plans to adopt, modify, or repeal the measure, without undue delay. (c) The importing Party shall not revoke its recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending. 16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved in the recognition shall promptly discuss the determination made by the importing Party. 17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and (b) if other requirements under subparagraph (a) must be met, upon request, discuss explain the objective of any relevant SPS measures to the other Party. 4. Within three months of the date of receipt by the importing Party of a request from the exporting Party, the Parties shall hold consultations in order to determine the equivalence of SPS measures and systems. 5. The importing Party shall make a determination of equivalence without undue delay after the exporting Party has demonstrated the equivalence of the proposed SPS measures and systems. 6. The importing Party shall accelerate the determination of equivalence in particular in respect of those requirements with products which it has historically imported from the exporting Party. 7. In case of multiple requests from the exporting Party, the Parties shall agree within the SPS Committee on a time schedule in which they shall initiate the process. 8. In accordance with Article 9 of the SPS Agreement, the importing Party shall give full consideration to the requests by the exporting Party for technical assistance to facilitate the implementation of this Article. This assistance may, inter alia, help to identify and implement measures which can be recognised as equivalent or to otherwise enhance market access. 9. The consideration by the importing Party of a request from the exporting Party for recognition of equivalence of its SPS measures with regard to a specific product shall not be in itself a reason to disrupt or suspend ongoing imports from that Party of that product. When the importing Party has made an equivalence determination, the Parties shall formally record it and apply it without delay to trade between them in the relevant area.

Equivalence. 1. The Parties recognize that a positive determination recognise the application of equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. 2. Further to equivalence, set out in Article 4 of the SPS Agreement, the . The Parties shall apply a recognition of further recognise that equivalence to can be accepted for a specific sanitary measure or phytosanitary measure, or to the extent feasible and appropriate, to a group of measures measures, or on a systems-wide basisbasis related to a certain product or categories of products. 2. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations. 3. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address. 4. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. 5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, and without undue delay, its process for making the determination application of equivalence, and, if the determination results in recognition, its plan Parties shall follow the procedures for enabling trade. 6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence. 7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative. 8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment. 9. Once the importing Party determines that the information provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay. 10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority. 11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group developed by the WTO SPS Committee, the CODEX, the WOAH and the IPPC, including in any future work related to equivalence undertaken by these international organisations. 3. The importing Party shall recognise a sanitary or phytosanitary measure of measures, or system, even if the measure, group of measures, or system differs from exporting Party as equivalent to its own, if the exporting Party objectively demonstrates demonstrate to the importing Party that the exporting Party's its measure achieves the importing Party's Partyâs appropriate level of protection. 4. To facilitate a determination of equivalence, taking into account outcomes that the importing Party, on request of the exporting Party's measure, group shall explain the rationale and objective of its sanitary or phytosanitary measures and clearly identify the risks the sanitary or phytosanitary measures are intended to address. 5. The exporting Party shall provide appropriate science-based and technical information to support its objective demonstration that its measure achieves the appropriate level of protection identified by the importing Party. For this purpose, reasonable access shall be given by the exporting Party, upon request, to the importing Party for inspection, testing, and other relevant procedures. 6. The importing Party shall determine the science-based and technical information provided by the exporting Party on its sanitary or phytosanitary measures with an aim of entering bilateral Mutual Recognition Agreements ("MRAs") on the equivalence of specified sanitary or phytosanitary measures. 7. The importing Party shall respond in a timely manner to any request from the exporting Party for consideration of the equivalence of its measures, or system achievesnormally within a six-month period of time, unless otherwise agreed. 128. When the importing Party has adopted a sanitary or phytosanitary measure on equivalence, it shall promptly communicate the decision in writing to the exporting Party. 9. The determination by an importing Party of a request for recognition of equivalence of its measures shall not be in itself a reason to disrupt or suspend ongoing imports from that Party of the product in question. 10. If an equivalence determination does not result in recognition by the importing Party adopts a measure that recognizes the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, the importing Party shall communicate that measure to provide the exporting Party in writing and implement with the measure without undue delay. 13rationale for its decision. The Parties involved in an equivalence determination that results in recognition shall, if mutually decided, report Party may refer the outcome to issue under the SPS CommitteeArticle 5.13: Technical Consultation. 14. If an assessment does not result in the recognition of equivalence, the importing Party shall communicate that determination and its rationale to the exporting Party without undue delay. 15. If a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies: (a) The Party shall notify the other Party involved in the recognition of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognition. (b) The Party shall, upon request of the other Party, provide information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to the Party that plans to adopt, modify, or repeal the measure, without undue delay. (c) The importing Party shall not revoke its recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending. 16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved in the recognition shall promptly discuss the determination made by the importing Party. 17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall: (a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and (b) if other requirements under subparagraph (a) must be met, upon request, discuss those requirements with the exporting Party.