Common use of Measures Linked to Animal and Plant Health Clause in Contracts

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and disease-free areas, and areas of low pest- and low disease- prevalence, in accordance with the SPS Agreement, and the standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 3. When determining the areas referred to in paragraphs 1 and 2, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in that area. 4. The Parties shall establish close cooperation on the determination of pest- and disease-free areas, and areas of low pest- and disease prevalence, with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free areas, and areas of low pest- and low disease prevalence. 5. When determining pest- and disease-free areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement and OIE and IPPC standards, and take into consideration the determination made by the exporting Party. 6. In the event that an importing Party does not recognise the areas determined by an exporting Party as a pest- and disease-free areas or areas of low pest- and disease prevalence, the importing Party, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solution.

Appears in 3 contracts

Samples: Trade Agreement, Trade Agreement, Trade Agreement

AutoNDA by SimpleDocs

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and or disease-free areas, areas and areas of low pest- and low disease- pest or disease prevalence, in accordance with the SPS Agreement, OIE and the IPPC standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free such areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 32. When determining the areas referred to in paragraphs 1 and 2such areas, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, surveillance and the effectiveness of sanitary or phytosanitary controls in that areasuch areas. 43. The Parties shall establish close cooperation co-operation on the determination of pest- and or disease-free areas, areas and areas of low pest- and pest or disease prevalence, prevalence with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- such areas. The Parties shall endeavour to complete this confidence-building activity within about two years from the entry into force of this Agreement. The successful completion of the confidence-building co-operation shall be confirmed by the Committee on Sanitary and disease-free areas, and areas of low pest- and low disease prevalence. 5Phytosanitary Measures referred to in Article 5.10. 4. When determining pest- and disease-free such areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and or plant health status of the exporting Party or parts thereof, thereof on the information provided by the exporting Party in accordance with the SPS Agreement and Agreement, OIE and IPPC standards, and take into consideration the determination made by the exporting Party. 6. In the event that an importing this connection, if a Party does not recognise accept the areas determined determination made by an the other Party, the Party not accepting the determination shall explain the reasons and shall be ready to enter into consultations. 5. The exporting Party as a shall provide necessary evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- and or disease-free areas or and areas of low pest- and pest or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing PartyParty for inspection, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solutiontesting and other relevant procedures.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and or disease-free areas, areas and areas of low pest- and low disease- pest or disease prevalence, in accordance with the SPS Agreement, OJE and the IPPC standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free such areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 32. When determining the areas referred to in paragraphs 1 and 2such areas, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, surveillance and the effectiveness of sanitary or phytosanitary controls in that areasuch areas. 43. The Parties shall establish close cooperation on the determination of pest- and or disease-free areas, areas and areas of low pest- and pest or disease prevalence, prevalence with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- such areas. The Parties shall endeavour to complete this confidence-building activity within about two years from the entry into force of this Agreement. The successful completion of the confidence-building cooperation shall be confirmed by the Committee on Sanitary and disease-free areas, and areas of low pest- and low disease prevalence. 5Phytosanitary Measures referred to in Article 5.10. 4. When determining pest- and disease-free such areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and or plant health status of the exporting Party or parts thereof, thereof on the information provided by the exporting Party in accordance with the SPS Agreement and Agreement, OIE and IPPC standards, and take into consideration the determination made by the exporting Party. 6. In the event that an importing this connection, if a Party does not recognise accept the areas determined determination made by an the other Party, the Party not accepting the determination shall explain the reasons and shall be ready to enter into consultations. 5. The exporting Party as a shall provide necessary evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- and or disease-free areas or and areas of low pest- and pest or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing PartyParty for inspection, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solutiontesting and other relevant procedures.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and disease-free areas, and areas of low pest- and low disease- prevalencedisease-preva­ lence, in accordance with the SPS Agreement, and the standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Inter­ national Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free areas, and areas of low pest- and low disease-disease- prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 3. When determining the areas referred to in paragraphs 1 and 2, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness effec­ tiveness of sanitary or phytosanitary controls in that area. 4. The Parties shall establish close cooperation on the determination deter­ mination of pest- and disease-free areas, and areas of low pest- and disease prevalence, with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free areas, and areas of low pest- and low disease prevalence. . 5. When determining pest- and disease-free areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement and OIE and IPPC standards, and take into consideration the determination made by the exporting Party. . 6. In the event that an importing Party does not recognise the areas determined by an exporting Party as a pest- and disease-free areas or areas of low pest- and disease prevalence, the importing Party, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solution. 7. The exporting Party shall provide sufficient evidence thereof in order to objectively demonstrate to the importing Party that the areas in question are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease preva­ lence, as the case may be. For this purpose, upon request, such exporting Party shall grant reasonable access to the importing Party for inspection, testing and other relevant procedures. 8. The Parties recognise the principle of compartmentali­ sation of the OIE and the principle of pest-free production sites of the IPPC. The SPS Sub-committee will assess any future recommendation of the OIE or the IPPC on the matter and will make recommendations accordingly.

Appears in 2 contracts

Samples: Trade Agreement, Trade Agreement

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and disease-free areas, and areas of low pest- and low disease- prevalence, in accordance with the SPS Agreement, and the standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 3. When determining the areas referred to in paragraphs 1 and 2, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in that area. 4. The Parties shall establish close cooperation on the determination of pest- and disease-free areas, and areas of low pest- and disease prevalence, with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free areas, and areas of low pest- and low disease prevalence. . 5. When determining pest- and disease-free areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement and OIE and IPPC standards, and take into consideration the determination made by the exporting Party. . 6. In the event that an importing Party does not recognise the areas determined by an exporting Party as a pest- and disease-free areas or areas of low pest- and disease prevalence, the importing Party, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solution. 7. The exporting Party shall provide sufficient evidence thereof in order to objectively demonstrate to the importing Party that the areas in question are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, as the case may be. For this purpose, upon request, such exporting Party shall grant reasonable access to the importing Party for inspection, testing and other relevant procedures. 8. The Parties recognise the principle of compartmentalisation of the OIE and the principle of pest-free production sites of the IPPC. The SPS Sub-committee will assess any future recommendation of the OIE or the IPPC on the matter and will make recommendations accordingly.

Appears in 2 contracts

Samples: Trade Agreement, Trade Agreement

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and disease-free areas, and areas of low pest- and low disease- disease-prevalence, in accordance with the SPS Agreement, and the standards, guidelines or recommendations recommen­ dations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 3. When determining the areas referred to in paragraphs 1 and 2, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in that area. 4. The Parties shall establish close cooperation on the determination of pest- and disease-free areas, and areas of low pest- and disease prevalence, with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free areas, and areas of low pest- and low disease prevalence. prevalence.‌ 5. When determining pest- and disease-free areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement and OIE and IPPC standards, and take into consideration con­ sideration the determination made by the exporting Party. . 6. In the event that an importing Party does not recognise the areas determined by an exporting Party as a pest- and disease-free areas or areas of low pest- and disease prevalence, the importing Party, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solution. 7. The exporting Party shall provide sufficient evidence thereof in order to objectively demonstrate to the importing Party that the areas in question are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, as the case may be. For this purpose, upon request, such exporting Party shall grant reasonable access to the importing Party for inspection, testing and other relevant procedures. 8. The Parties recognise the principle of compartmentalisation of the OIE and the principle of pest-free production sites of the IPPC. The SPS Sub-committee will assess any future recommendation of the OIE or the IPPC on the matter and will make recommendations accordingly.

Appears in 1 contract

Samples: Trade Agreement

AutoNDA by SimpleDocs

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and pest - or disease-free areas, areas and areas of low pest- and low disease- pest or disease prevalence, in accordance with the SPS Agreement, and Agreement as well as the standards, guidelines or recommendations of the World Organization on Organisation for Animal Health (hereinafter referred to as the "OIE") and of the International Plant Protection Convention (hereinafter referred to as the "IPPC"). 2. Pursuant to paragraph 1, the SPS The Sub-committee shall establish an appropriate Committee referred to in Article 156 of this Chapter may define further details for the procedure for the recognition of pest- and disease-free such areas, and areas of low pest- and low disease-prevalence, taking into account any the SPS Agreement, the OIE and the IPPC relevant international standardstandards, guideline guidelines or recommendationrecommendations. Such This procedure will include situations related to outbreaks and reinfestations. 32. When determining the pest - or disease-free areas referred to in paragraphs 1 and 2areas of low pest or disease prevalence, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, surveillance and the effectiveness of sanitary or phytosanitary controls in that areasuch areas. 43. The Parties shall establish close cooperation co-operation on the determination of pest- and pest - or disease-free areas, areas and areas of low pest- pest and disease prevalence, prevalence with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free such areas, and areas of low pest- and low disease prevalence. 5. 4. When determining pest- and disease-free such areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement and Agreement, the OIE and the IPPC relevant standards, guidelines or recommendations, and take into consideration the determination made by the exporting Party. 5. 6. In If the event that an importing Party does not recognise accept the areas determined above mentioned determination made by an the exporting Party, it shall explain the reasons and shall be ready to enter into consultations. 6. The exporting Party as a pest- shall provide the necessary evidence to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest - or disease-free areas or areas of low pest- and pest or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing PartyParty for inspection, upon request testing and other relevant procedures. 7. The Parties recognise the principle of compartmentalisation of the exporting Party, shall provide OIE and pest-free production places and sites of the information IPPC. They will consider their future recommendations on the basis matter and the Sub-Committee set up in Article 156 of this Chapter will recommend accordingly. ARTICLE 150: EQUIVALENCE Through the Sub-Committee on which such decision was madeSanitary and Phytosanitary Matters established by Article 156, and/or hold consultations, as soon as possible, the Parties may develop provisions on equivalence and will make recommendations according to the procedures set up in order to assess a possible alternative agreed solutionthe institutional provisions of this Agreement.

Appears in 1 contract

Samples: Free Trade Agreement

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept concepts of pest- and or disease-free areas, areas and areas of low pest- and low disease- pest or disease prevalence, in accordance with the SPS Agreement, OIE and the IPPC standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter and recommendations. The SPS Committee referred to as "OIE"in Article 5.15 (Committee on Sanitary and Phytosanitary Measures) and of may define further details for the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure proce­ dure for the recognition of pest- and disease-free such areas, and including procedures for the recognition of such areas of low pest- and low disease-prevalencein cases where there has been an outbreak, taking into account any relevant international standardSPS Agreement, guideline OIE and IPPC standards, guidelines or recommendation. Such procedure will include situations related to outbreaks and reinfestationsrecommenda­ tions. 32. When determining the pest- or disease-free areas referred to in paragraphs 1 and 2areas of low pest or disease prevalence, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary phy­ tosanitary controls in that areasuch areas. 43. The Parties shall establish close cooperation on the determination of pest- and or disease-free areas, and areas of low pest- and disease prevalence, with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free areas, and areas of low pest- and low disease prevalence. 5. When determining pest- and disease-free areas, and areas of low pest and disease prevalence, whether with the objective of attaining confidence in the procedures followed by the other Party for the first time or after an outbreak determination of an animal disease or a re-introduction such areas. When accepting the determination of a plant pestsuch areas made by the exporting Party, the importing Party shall shall, in principle principle, base its own determination of the animal and or plant health status of the exporting Party or parts thereof, thereof on the information provided by the exporting Party in accordance with the SPS Agreement and Agreement, OIE and IPPC standards, guidelines and take into consideration recommendations. 4. If the importing Party does not accept the determination made by the exporting Party, it shall explain the reasons and shall be ready to enter into consultations. 5. 6. In Where the event that an importing Party does not recognise the areas determined by an exporting Party as a claims that areas within its territory are pest- and or disease-free areas or areas of low pest- and pest or disease prevalence, the importing Party, upon request of the exporting Party, it shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, relevant evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, as the case may be. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures. 6. The Parties recognise the principle of compartmentalisation of the OIE and pest-free production sites of the IPPC. The SPS Committee referred to in Article 5.15 (Committee on Sanitary and Phytosanitary Measures) will assess a possible alternative agreed solutionany OIE and IPPC recommendations that may be issued on this matter in the future and may issue recommendations accordingly.

Appears in 1 contract

Samples: Free Trade Agreement

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concept of pest- and or disease-free areas, areas and areas of low pest- and low disease- pest or disease prevalence, in accordance with the SPS Agreement, OIE and the IPPC standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC"). 2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free such areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations. 32. When determining the areas referred to in paragraphs 1 and 2such areas, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, surveillance and the effectiveness of sanitary or phytosanitary controls in that areasuch areas. 43. The Parties shall establish close cooperation on the determination of pest- and or disease-free areas, areas and areas of low pest- and pest or disease prevalence, prevalence with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- such areas. The Parties shall endeavour to complete this confidence-building activity within about two years from the entry into force of this Agreement. The successful completion of the confidence-building cooperation shall be confirmed by the Committee on Sanitary and disease-free areas, and areas of low pest- and low disease prevalence. 5Phytosanitary Measures referred to in Article 5.10. 4. When determining pest- and disease-free such areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and or plant health status of the exporting Party or parts thereof, thereof on the information provided by the exporting Party in accordance with the SPS Agreement and Agreement, OIE and IPPC standards, and take into consideration the determination made by the exporting Party. 6. In the event that an importing this connection, if a Party does not recognise accept the areas determined determination made by an the other Party, the Party not accepting the determination shall explain the reasons and shall be ready to enter into consultations. 5. The exporting Party as a shall provide necessary evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- and or disease-free areas or and areas of low pest- and pest or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing PartyParty for inspection, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solutiontesting and other relevant procedures.

Appears in 1 contract

Samples: Free Trade Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!