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

Measures Linked to Animal and Plant Health. 1. The Parties recognise the concepts of disease-free areas, areas of low disease prevalence, and compartmentalisation in accordance with the SPS Agreement and OIE standards, guidelines or recommendations. The Parties also recognise the animal health status as determined by the OIE. 2. The Parties recognise the concepts of pest-free areas, areas of low pest prevalence, protected zones and pest free production sites in accordance with the SPS Agreement and IPPC standards, guidelines or recommendations. 3. The Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of the SPS controls. 4. The SPS Committee shall define in further detail the procedure for the recognition of the concepts referred to in paragraphs 1 and 2 taking into account the SPS Agreement and the OIE and IPPC standards, guidelines or recommendations. 5. When the importing Party assesses the self-determination of the animal or plant health status made by the exporting Party, it shall, in principle, base its own assessment of the animal or 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 the OIE and IPPC standards, guidelines or recommendations. The importing Party shall endeavour to provide the exporting Party its decision without undue delay after the request for assessment. 6. If the importing Party does not accept the self-determination of the animal or plant health status made by the exporting Party, it shall explain the reasons and, upon request by the exporting Party, enter into consultations as soon as possible to reach an alternative solution. 7. The exporting Party shall provide relevant evidence in order to objectively demonstrate to the importing Party that the animal or plant health status of those areas is likely to remain unchanged. For that purpose, the exporting Party shall, upon request by the importing Party, give the importing Party reasonable access for inspection, testing and other relevant procedures.

Measures Linked to Animal and Plant Health. 1. The Parties recognise the concepts of disease-free areas, areas of low disease prevalence, and compartmentalisation in accordance with the SPS Agreement and OIE standards, guidelines or recommendations. The Parties also recognise the animal health status as determined by the OIE. 2. The Parties recognise the concepts of pest-free areas, areas of low pest prevalence, protected zones and pest free production sites in accordance with the SPS Agreement and IPPC standards, guidelines or recommendations. 3. The Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of the SPS controls. 4. The SPS Committee shall define in further detail the procedure for the recognition of the concepts referred to in paragraphs 1 and 2 taking into account the SPS Agreement and the OIE and IPPC standards, guidelines or recommendationsrecom­ mendations. 5. When the importing Party assesses the self-determination of the animal or plant health status made by the exporting Party, it shall, in principle, base its own assessment of the animal or 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 the OIE and IPPC standards, guidelines or recommendations. The importing Party shall endeavour to provide the exporting Party its decision without undue delay after the request for assessment. 6. If the importing Party does not accept the self-determination of the animal or plant health status made by the exporting Party, it shall explain the reasons and, upon request by the exporting Party, enter into consultations as soon as possible to reach an alternative solution. 7. The exporting Party shall provide relevant evidence in order to objectively demonstrate to the importing Party that the animal or plant health status of those areas is likely to remain unchanged. For that purpose, the exporting Party shall, upon request by the importing Party, give the importing Party reasonable access for inspection, testing and other relevant procedures.

Measures Linked to Animal and Plant Health. 1. The Parties shall recognise the concepts concept of pest- or disease-free areas, areas and areas of low pest or disease prevalence, and compartmentalisation in accordance with the SPS Agreement as well as the standards, guidelines or recommendations of the World Organisation for Animal Health (hereinafter referred to as the "OIE") and the International Plant Protection Convention (hereinafter referred to as the "IPPC"). The Sub-Committee referred to in Article 156 of this Chapter may define further details for the procedure for the recognition of such areas, taking into account the SPS Agreement, the OIE and the IPPC relevant standards, guidelines or recommendations. The Parties also recognise the animal health status as determined by the OIEThis procedure will include situations related to outbreaks and reinfestations. 2. The Parties recognise the concepts of pestWhen determining pest- or disease-free areas, areas and areas of low pest or disease prevalence, protected zones and pest free production sites in accordance with the SPS Agreement and IPPC standards, guidelines or recommendations. 3. The Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, surveillance and the effectiveness of sanitary or phytosanitary controls in such areas. 3. The Parties shall establish close cooperation on the SPS controlsdetermination of pest- 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 such areas. 4. The SPS Committee shall define in further detail the procedure When determining such areas, whether for the recognition first time or after an outbreak of the concepts referred to in paragraphs 1 and 2 taking into account the SPS Agreement and the OIE and IPPC standardsan animal disease or a re-introduction of a plant pest, guidelines or recommendations. 5. When the importing Party assesses the self-shall in principle base its own determination of the animal or plant health status made by the exporting Party, it shall, in principle, base its own assessment of the animal or and 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, the OIE and the IPPC relevant standards, guidelines or recommendations. The importing Party shall endeavour to provide , and take into consideration the determination made by the exporting Party its decision without undue delay after the request for assessmentParty. 65. If the importing Party does not accept the self-above mentioned determination of the animal or plant health status made by the exporting Party, it shall explain the reasons and, upon request by the exporting Party, and shall be ready to enter into consultations as soon as possible to reach an alternative solutionconsultations. 76. The exporting Party shall provide relevant the necessary evidence in order to objectively demonstrate to the importing Party that the animal or plant health status of those such areas is are, and are likely to remain unchangedremain, pest- or disease-free areas or areas of low pest or disease prevalence, respectively. For that this purpose, the exporting Party shallreasonable access shall be given, upon request by the importing Partyrequest, give to the importing Party reasonable access for inspection, testing and other relevant procedures. 7. The Parties recognise the principle of compartmentalisation of the OIE and pest-free production places and sites of the IPPC. They will consider their future recommendations on the matter and the Sub-Committee set up in Article 156 of this Chapter will recommend accordingly. Through the Sub-Committee on Sanitary and Phytosanitary Matters established by Article 156, the Parties may develop provisions on equivalence and will make recommendations according to the procedures set up in the institutional provisions of this Agreement.