Common use of Equivalence Clause in Contracts

Equivalence. 1. Equivalence may be recognised by the Parties in relation to an individual measure and/or groups of measures and/or systems applicable to a sector or part of a sector as specified in Implementing Arrangement 4. The equivalence determinations recorded in Implementing Arrangement 4 shall be applied to trade among the relevant Parties in animals and animal products, plants and plant products, or as appropriate to related goods. 2. The recognition of equivalence requires an assessment and acceptance of: (a) the legislation, standards and procedures, as well as the programmes in place to allow control and to ensure domestic and importing country requirements are met; (b) the documented structure of the competent authority(ies), their powers, their chain of command, their modus operandi and the resources available to them; and (c) the performance of the competent authority in relation to the control and assurance programmes. In this assessment, the Parties shall take account of experience already acquired. 3. The importing Party shall accept the sanitary or phytosanitary measure of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measure achieves the importing Party's appropriate level of protection. In reaching a determination of whether a sanitary or phytosanitary measure applied by an exporting Party achieves the importing Party's appropriate level of protection, those Parties shall follow the process specified in Implementing Arrangement 8. The Parties may add to or amend the steps in the process in the future as the Parties’ experience in regard to the determination of equivalence process increases. 4. Where equivalence has not been recognised or where an application is pending, trade shall take place under the conditions required by the importing Party to meet its appropriate level of protection. These conditions shall be as set out in Implementing Arrangement 4 where such conditions have been agreed. If conditions have not been agreed and incorporated in Implementing Arrangement 4, then the conditions to be met by the exporting Party shall be those specified by the importing Party. The exporting Party may agree to meet the importing Party's conditions, without affecting the result of the process set out in Implementing Arrangement 8. 5. Implementing Arrangement 4 may list : (a) those individual measures and/or groups of measures and/or systems applicable to a sector or part of a sector, for which the respective sanitary or phytosanitary measures are recognised as equivalent for trade purposes; (b) actions to enable the assessment of equivalence to be completed in accordance with the process set out in Implementing Arrangement 8, and by the date indicated in Implementing Arrangement 4, or if not indicated, as specified by the importing Party; or (c) the specific guarantees related to recognition of special status provided for Article 7.6(4); and (d) may also list those sectors, or parts of sectors, for which the Parties apply differing sanitary or phytosanitary measures and have not concluded the determination provided for in Paragraph 3. 6. Unless otherwise agreed among the relevant Parties, an official sanitary or phytosanitary certificate will be required for each consignment of animals and animal products, plants and plant products, or other related goods intended for import and for which equivalence has been recognised. The model attestation for such certificates will be prescribed in Implementing Arrangement 6. The Parties may jointly determine principles or guidelines for certification, which shall be included in Implementing Arrangement 6.

Equivalence. 1. Equivalence may be recognised by The Parties recognise that the Parties application of equivalence in relation to Article 4 of the SPS Agreement is an individual measure and/or groups of measures and/or systems applicable to a sector or part of a sector as specified in Implementing Arrangement 4. The equivalence determinations recorded in Implementing Arrangement 4 shall be applied to important tool for trade among the relevant Parties in animals facilitation and animal products, plants has mutual benefits for both exporting and plant products, or as appropriate to related goodsimporting countries. 2. The recognition Equivalence can be accepted for a specific SPS measure or SPS measures related to a certain product or categories of equivalence requires an assessment and acceptance of: (a) the legislationproducts, standards and procedures, as well as the programmes in place to allow control and to ensure domestic and importing country requirements are met; (b) the documented structure of the competent authority(ies), their powers, their chain of command, their modus operandi and the resources available to them; and (c) the performance of the competent authority in relation to the control and assurance programmes. In this assessment, the Parties shall take account of experience already acquiredor on a systems-wide basis. 3. The importing Party shall accept the sanitary or phytosanitary measure SPS measures and systems of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measure achieves measures achieve the importing Party's appropriate level of SPS protection. In reaching To facilitate a determination of whether equivalence, the importing Party shall, upon request, 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 sanitary or phytosanitary measure applied by an 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 achieves has demonstrated the importing Party's appropriate level equivalence of protection, those Parties shall follow the process specified in Implementing Arrangement 8proposed SPS measures and systems. 6. The Parties may add to or amend the steps in the process in the future as the Parties’ experience in regard to importing Party shall accelerate the determination of equivalence process increasesin particular in respect of those products which it has historically imported from the exporting Party. 47. Where equivalence has not been In case of multiple requests from the exporting Party, the Parties shall agree within the SPS Committee on a time schedule in accordance with 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 where an application is pending, trade shall take place under the conditions required to otherwise enhance market access. 9. The consideration by the importing Party to meet its appropriate level of protection. These conditions shall be as set out in Implementing Arrangement 4 where such conditions have been agreed. If conditions have not been agreed and incorporated in Implementing Arrangement 4, then the conditions to be met by a request from the exporting Party for recognition of equivalence of its SPS measures with regard to a specific product shall not be those specified by in itself a reason to disrupt or suspend ongoing imports from that Party of that product. When the importing Party. The exporting Party may agree to meet the importing Party's conditionshas made an equivalence determination, without affecting the result of the process set out in Implementing Arrangement 8. 5. Implementing Arrangement 4 may list : (a) those individual measures and/or groups of measures and/or systems applicable to a sector or part of a sector, for which the respective sanitary or phytosanitary measures are recognised as equivalent for trade purposes; (b) actions to enable the assessment of equivalence to be completed in accordance with the process set out in Implementing Arrangement 8, and by the date indicated in Implementing Arrangement 4, or if not indicated, as specified by the importing Party; or (c) the specific guarantees related to recognition of special status provided for Article 7.6(4); and (d) may also list those sectors, or parts of sectors, for which the Parties shall formally record it and apply differing sanitary or phytosanitary measures and have not concluded the determination provided for it without delay to trade between them in Paragraph 3. 6. Unless otherwise agreed among the relevant Parties, an official sanitary or phytosanitary certificate will be required for each consignment of animals and animal products, plants and plant products, or other related goods intended for import and for which equivalence has been recognised. The model attestation for such certificates will be prescribed in Implementing Arrangement 6. The Parties may jointly determine principles or guidelines for certification, which shall be included in Implementing Arrangement 6area.

Equivalence. 1. Equivalence may be recognised by the Parties in relation to an individual measure and/or groups of measures and/or systems applicable to a sector or part of a sector as specified in Implementing Arrangement 4. The equivalence determinations recorded in Implementing Arrangement 4 shall be applied to trade among the relevant Parties in animals and animal products, plants and plant products, or as appropriate to related goods. 2. The recognition of equivalence requires an assessment and acceptance of: : (a) the legislation, standards and procedures, as well as the programmes in place to allow control and to ensure domestic and importing country requirements are met; ; (b) the documented structure of the competent authority(ies), their powers, their chain of command, their modus operandi and the resources available to them; and and (c) the performance of the competent authority in relation to the control and assurance programmes. In this assessment, the Parties shall take account of experience already acquired. 3. The importing Party shall accept the sanitary or phytosanitary measure of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measure achieves the importing Party's appropriate level of protection. In reaching a determination of whether a sanitary or phytosanitary measure applied by an exporting Party achieves the importing Party's appropriate level of protection, those Parties shall follow the process specified in Implementing Arrangement 8. The Parties may add to or amend the steps in the process in the future as the Parties’ ' experience in regard to the determination of equivalence process increases. 4. Where equivalence has not been recognised or where an application is pending, trade shall take place under the conditions required by the importing Party to meet its appropriate level of protection. These conditions shall be as set out in Implementing Arrangement 4 where such conditions have been agreed. If conditions have not been agreed and incorporated in Implementing Arrangement 4, then the conditions to be met by the exporting Party shall be those specified by the importing Party. The exporting Party may agree to meet the importing Party's conditions, without affecting the result of the process set out in Implementing Arrangement 8. . 5. Implementing Arrangement 4 may list : : (a) those individual measures and/or groups of measures and/or systems applicable to a sector or part of a sector, for which the respective sanitary or phytosanitary measures are recognised as equivalent for trade purposes; ; (b) actions to enable the assessment of equivalence to be completed in accordance with the process set out in Implementing Arrangement 8, and by the date indicated in Implementing Arrangement 4, or if not indicated, as specified by the importing Party; or or (c) the specific guarantees related to recognition of special status provided for Article 7.6(4); and and (d) may also list those sectors, or parts of sectors, for which the Parties apply differing sanitary or phytosanitary measures and have not concluded the determination provided for in Paragraph 3. . 6. Unless otherwise agreed among the relevant Parties, an official sanitary or phytosanitary certificate will be required for each consignment of animals and animal products, plants and plant products, or other related goods intended for import and for which equivalence has been recognised. The model attestation for such certificates will be prescribed in Implementing Arrangement 6. The Parties may jointly determine principles or guidelines for certification, which shall be included in Implementing Arrangement 6.