Import Checks. 1. The import checks applied to imported animals, animal products, plants and plant products or other related goods traded between the Parties shall be based on the risk associated with such importations. They shall be carried out in a manner that is least trade-restrictive and without undue delay.
2. The frequencies of import checks on such importations shall be made available on request. The importing Party shall notify the other Party in a timely manner of any amendment to the frequency of import checks in the event of change in the import risk. On request, an explanation regarding amendments shall be given or consultations shall be undertaken.
3. The Parties may record frequencies of import checks in Implementing Arrangement: Chapter 7 G and in that case they shall be applied accordingly. The Joint Management Committee may amend the frequencies of those import checks as a result of experience gained through import checks or otherwise, or as a result of actions or consultations provided for in this Chapter.
4. In the event that the import checks reveal non-conformity with the relevant standards and/or requirements, the action taken by the importing Party should be proportionate to the risk involved.
5. At the request of the exporting Party, the importing Party shall to the maximum extent ensure that officials of the exporting Party or their representatives are given the opportunity to contribute any relevant information to assist the importing Party in taking a final decision. If necessary, a joint testing of the preserved samples will be carried out by the Parties.
Import Checks. 1. The import requirements and checks applied to imported products covered by this Chapter shall be based on the risk that is associated with such products and shall be applied in a non-discriminatory manner. Import checks and border controls shall be carried out as expeditiously as possible in a manner that is no more trade-restrictive than necessary.
2. Upon request, information about the frequency of import checks or changes in this frequency shall be exchanged between the competent authorities of the Parties.
3. Each Party shall allow a person responsible for a consignment, subject to sampling and analysis, to apply for a second expert opinion as part of the official sampling.
4. Import control should be structured according to international standards (4).
5. Products subject to random and routine checks should not be detained at the border while awaiting the results of the tests.
6. If products are detained at the border due to a perceived risk, the decision on clearance shall be taken as soon as possible. Every effort shall be made to avoid deterioration of perishable goods. For the purposes of this Chapter, "perishable goods" means products that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions.
7. If products are rejected at a port of entry due to a verified serious sanitary or phytosanitary issue, the competent authority of the exporting Party shall be informed as soon as possible. For the purposes of this provision, "serious sanitary or phytosanitary issue" means cases for which a notification between competent authorities is foreseen in international standards (5).
8. If products are rejected at a port of entry, the factual basis and scientific justification shall, upon request, be provided in writing to the exporting Party, as soon as possible.
9. Where a Party detains, at a port of entry, products exported from another Party due to a perceived failure to comply with a sanitary or phytosanitary measure, the factual justification for the detention shall be promptly notified to the importer or his representative.
10. Each Party shall ensure that appropriate legal procedures exist for an importer or any other person responsible for the consignment, or his representative, whose products are rejected at a port of entry, to appeal that decision.
Import Checks. 1. The import checks applied to imported animals and animal products, plants and plant products, or other related goods shall be based on the risk associated with such importations. They shall be carried out without undue delay and with a minimum effect on trade between the Parties.
2. The frequencies of import checks on such importations shall be made available on request and where set out in Implementing Arrangement 7 shall be applied accordingly. The Parties may amend the frequencies, within their responsibilities, as appropriate, as a result of progress made in accordance with Implementing Arrangement 4, or as a result of other actions or consultations provided for in this Chapter.
3. In the event that the import checks reveal non-conformity with the relevant standards and/or requirements, the action taken by the importing Party should be based on an assessment of the risk involved. Wherever possible, the importer or their representative shall be given access to the consignment and the opportunity to contribute any relevant information to assist the importing Party in taking a final decision.
Import Checks. 1. An importing Party may use import checks to assess compliance with its sanitary and phytosanitary measures and to obtain information to assess risk or to determine the need for, develop, or periodically review a risk-based import check.
2. Each Party shall ensure that its import checks are based on the risks associated with importations, and that its import checks are carried out without undue delay.
3. A Party shall make available to another Party, on request, information on its import procedures and its basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importations.
4. A Party may change the frequency of its import checks as a result of experience gained through import checks or as a result of actions or discussions provided for in this Chapter.
5. An importing Party shall provide to another Party, on request, information regarding the analytical methods, quality controls, sampling procedures, and facilities that the importing Party uses to xxxxx good. The importing Party shall ensure that any testing is conducted using appropriate and validated methods under a quality assurance program that is consistent with international laboratory standards. The importing Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample.
6. Each Party, with respect to any import check that it conducts, shall:
(a) limit any requirements regarding individual specimens or samples of an import to those that are reasonable and necessary;
(b) ensure that any fees imposed for the procedures on imported products are equitable in relation to any fees charged on like domestic products or products originating in any other Party or non-Party and should be no higher than the actual cost of the service;
(c) use criteria for selecting facilities at which an import check is conducted:
(i) so that the location does not cause unnecessary inconvenience to an applicant or its agent, and
(ii) so that the integrity of the good is preserved, except for the individual specimens or samples obtained pursuant to the requirements referred to in subparagraph (a).
7. An importing Party shall ensure that its final decision in response to a finding of non-conformity with the importing Party's sanitary or phytosanitary measure is limited to what is reasonable and necess...
Import Checks. 1. In applying import checks, each Party shall take into account the relevant decisions of the WTO SPS Committee and international standards, guidelines, and recommendations.
2. Import checks, conducted in accordance with the importing Party’s laws, regulations, and sanitary and phytosanitary requirements, shall be based on the sanitary and phytosanitary risk associated with importations. In the event that import checks reveal a non-compliance, the final decision or action taken by the importing Party shall be appropriate to the sanitary and phytosanitary risk associated with the importation of the non-compliant product.
3. If an importing Party prohibits or restricts the importation of a good of an exporting Party on the basis of non-compliance of that good found during an import check, the importing Party shall notify the importer or its representatives and, if the importing Party considers necessary, the exporting Party of such non-compliance.
4. When significant or recurring sanitary or phytosanitary non-compliance associated with exported consignments is identified by the importing Party, the Parties concerned shall, on request of either Party, discuss the non-compliance to ensure that appropriate remedial actions are taken to reduce such non-compliance.
Import Checks. 1. The import requirements and checks applied to imported products covered by this Chapter shall be based on the risk that is associated with such products and shall be applied in a non-discriminatory manner. Import checks and border controls shall be carried out as expeditiously as possible in a manner that is no more trade-restrictive than necessary.
2. Upon request, information about the frequency of import checks or changes in this frequency shall be exchanged between the competent authorities of the Parties.
3. Each Party shall allow a person responsible for a consignment, subject to sampling and analysis, to apply for a second expert opinion as part of the official sampling.
4. Import control should be structured according to international standards4.
5. Products subject to random and routine checks should not be detained at the border while awaiting the results of the tests.
6. If products are detained at the border due to a perceived risk, the decision on clearance shall be taken as soon as possible. Every effort shall be made to avoid deterioration of perishable goods. For the purposes of this Chapter, “perishable goods” means products that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions.
Import Checks. 1. The import checks applied to imported animals, animal products, plants and plant products or other related goods traded between the Parties shall be based on the risk associated with such importations. They shall be carried out in a manner that is least trade-restrictive and without undue delay.
2. The frequencies of import checks on such importations shall be made available on request. The importing Party shall notify the other Party in a timely manner of any amendment to the frequency of import checks in the event of change in the import risk. On request, an explanation regarding amendments shall be given or consultations shall be undertaken.
3. The Parties may record frequencies of import checks in an implementing arrangement and in that case they shall be applied accordingly. The Parties may amend the frequencies of those import checks as a result of experience gained through import checks or otherwise, or as a result of actions or consultations provided for in this Chapter.
4. In the event that the import checks reveal non-conformity with the relevant standards and/or requirements, the action taken by the importing Party should be proportionate to the risk involved.
5. At the request of the exporting Party, the importing Party shall to the maximum extent possible ensure that officials of the exporting Party or their representatives are given the opportunity to contribute any relevant information to assist the importing Party in taking a final decision on the action taken. On request and when mutually agreed, testing of the preserved sample may be carried out in a process jointly agreed by the Parties.
Import Checks. 1. Import checks carried out on products imported from the exporting Party shall be based on the SPS risk associated with such importations. Such import checks shall be carried out without undue delay.
2. Further to paragraph 1, the importing Party may change the frequency of checks, including physical checks and laboratory testing, on consignments from the exporting Party.
3. In the event that the import checks demonstrate that products do not conform with the relevant import requirements of the importing Party, any SPS measure taken in this regard by the importing Party should be consistent with the SPS Agreement.
Import Checks. 1. Each Party shall undertake import checks in accordance with relevant provisions of Annex C of the SPS Agreement and take into account the relevant decisions of the WTO SPS Committee, and international standards, guidelines, or recommendations.
2. Import checks, conducted in accordance with the importing Party's laws, regulations, and sanitary and phytosanitary requirements, shall be based on the sanitary and phytosanitary risk associated with importations. The import checks shall be carried out in a manner that is least trade-restrictive and without undue delay.
3. In the event that import checks reveal a non-compliance, the final decision or action taken by the importing Party shall be appropriate to the sanitary and phytosanitary risk associated with the importation of the non-compliant product. The importing Party shall ensure that plants and plant products, animal products and other goods, and their packaging are inspected by using appropriate risk-based sampling methodologies.
4. If an importing Party prohibits or restricts the importation of a good of an exporting Party on the basis of an import check finding sanitary or phytosanitary non-compliance, the importing Party shall notify the importer or its representatives and, if the importing Party considers necessary, the exporting Party, of such non-compliance.
5. When significant or recurring sanitary or phytosanitary non-compliance associated with exported consignments is identified by the importing Party, the Parties shall, on request of either Party, discuss the non-compliance to ensure that appropriate remedial actions are taken to reduce such non- compliance.
6. Unless there is a clearly identified high risk, the importing Party shall provide means other than destruction to manage the risk, such as treatment, where available, or re-export.
Import Checks. When conducting import checks, the Parties agree that:
(a) the Parties shall ensure that their control, inspection and approval procedures are in accordance with Annex C of the SPS Agreement.
(b) the frequencies of import checks on importations shall be made available on request. The importing Party shall notify the other Party in a timely manner of any amendment to the frequency of import checks. On request, an explanation regarding amendments shall be given or consultations shall be undertaken.
(c) the import checks shall be based on the risk associated with such importations. Import checks shall be carried out in a manner that is least trade- restrictive and without undue delay, and shall be based on the following principles:
(i) in carrying out the checks for health and food safety purposes, the importing Party shall ensure that plant and plant products, animal and animal products are inspected according to the risk involved;
(ii) in the event that the checks reveal non-compliance with the relevant regulatory requirements, the importing Party shall take measures appropriate to the risk involved;
(iii) when the goods are detained by the empowered authority at a port of entry, the reasons for the detention shall be promptly notified in writing or electronically to the importer or its representatives;
(iv) when a consignment is rejected, upon request, the importing Party shall endeavor to provide all appropriate information, including laboratory analytical results and methods used in the analysis to the exporting Party to objectively demonstrate the credibility of the action taken;
(v) unless there is a clearly identified risk in holding the consignment, the consignment shall not be destroyed without affording an opportunity to the exporter to take back the consignment; and
(vi) when a significant or recurring sanitary or phytosanitary non-compliance associated with exported consignments is identified by the importing Party, the Parties concerned shall, upon request, discuss the non-compliance to ensure that appropriate remedial actions are taken to reduce such non-compliance.
