Common use of Control, Inspection and Approval Procedures Clause in Contracts

Control, Inspection and Approval Procedures. 1. The Parties recognise that they operate different systems for giving effect to their international rights and obligations relating to control, inspection and approval procedures. 2. Each Party shall, on the request of the other Party, following the procedures set down from time to time by the relevant WTO bodies and the Codex Alimentarius Commission, the Office Internationale des Epizooties or the International Plant Protection Convention, give consideration to accepting the relevant control, inspection and approval procedures of the other Party, provided that it is satisfied that these achieve the same outcomes as its own regulatory requirements. 3. Each Party shall on request and in accordance with its international obligations and applicable laws, regulations and policies, review its inspection, testing, certification and other relevant import and export approval systems or procedures to ensure these are reasonable and necessary, so as to further facilitate access of traded goods to its territory and minimise the costs of doing business. 4. The Parties shall cooperate on a product trace back system for the notification of non-compliance of imported consignments for commodities subject to SPS measures or other agricultural and food standards requirements, drawing on the guidelines of relevant international organisations where available. 5. In particular: (a) where non-compliance with SPS measures or other agricultural and food standards arises, the importing Party shall notify the exporting Party of the consignment details; (b) unless specifically required by laws, regulations or policies in effect at the time this Agreement enters into force, the importing Party shall avoid suspending trade based on one shipment, but in the first instance shall contact the exporting Party to ascertain how the problem has occurred. The Parties shall consult on what remedial action might be taken by the exporting Party to ensure that further shipments are not affected; (c) the exporting Party shall investigate and advise the importing Party of its findings regarding the non-compliance referred to in Sub-paragraph (a), including any corrective action that will apply to future shipments. The Parties shall, upon the request of either Party, jointly examine the import or export control, inspection and approval procedures concerned; and (d) if, after investigation and review, the Parties mutually determine that the issue is an incident arising from an isolated technical problem, the importing Party shall separate the incident clearly from the overall institutional and procedural arrangements applying to relevant control, inspection and approval systems. In this event, the importing Party shall confine any treatment measures taken only to that particular shipment and shall also endeavour to ensure that the incident is not used as a basis for refusing to accept the arrangements applying to other shipments of the products concerned.

Control, Inspection and Approval Procedures. 1. The Parties recognise that they operate different systems for giving effect Parties, according to their international rights and obligations relating this Chapter, shall observe the provisions of Annex C to the ASPS on control, inspection and approval procedures, including approval of the use of additives or establishment of tolerances for contaminants in food, beverages and feedstuffs. 2. Each When the competent authority of the exporting Party requests for the first time to the competent authority of the importing Party to inspect a production unit or production process in its territory, the competent authority of the importing Party shall, on upon completion of review and evaluation of necessary documents and information and risk assessment required by the request of the other importing Party, following carry out the procedures set down from time to time inspection within a period of one hundred (100) days. This period may be extended by mutual agreement between the relevant WTO bodies and Parties in those cases where it can be justified. When the Codex Alimentarius Commissioninspection is completed, the Office Internationale des Epizooties or the International Plant Protection Convention, give consideration to accepting the relevant control, inspection and approval procedures competent authority of the other Party, provided that it is satisfied that these achieve the same outcomes as its own regulatory requirements. 3. Each Party shall on request and in accordance with its international obligations and applicable laws, regulations and policies, review its inspection, testing, certification and other relevant import and export approval systems or procedures to ensure these are reasonable and necessary, so as to further facilitate access of traded goods to its territory and minimise the costs of doing business. 4. The Parties shall cooperate on a product trace back system for the notification of non-compliance of imported consignments for commodities subject to SPS measures or other agricultural and food standards requirements, drawing on the guidelines of relevant international organisations where available. 5. In particular: (a) where non-compliance with SPS measures or other agricultural and food standards arises, the importing Party shall issue a decision based on the results on the inspection and shall notify the exporting Party within ninety (90) days after the inspection. 1. Each Party, when proposing adoption or modification of a sanitary or phytosanitary measure of general application, shall notify the consignment details; following: (a) adoptions and modifications of these measures, it shall also provide information on measures according to the provisions of Annex B to the ASPS, and shall implement the relevant adjustment; (b) unless specifically required by lawschanges or revisions in sanitary or phytosanitary measures that have a significant effect on trade between the Parties, regulations or policies in effect at within sixty (60) days prior to the time this Agreement enters entry into forceforce of the new provisions, to allow the importing other Party to comment; such requirement shall avoid suspending trade based on one shipmentbe exempted for emergencies, but according to the provisions of Annex B to the ASPS; (c) changes in the first instance shall contact status of animal health, as the exporting Party occurrence of exotic diseases and listed diseases in List A of the OIE, within twenty-four (24) hours after confirming the disease; (d) changes in the phytosanitary status, as the occurrence of quarantine pests and diseases or spread of quarantine pests and diseases under official control, within seventy-two (72) hours of their verification; and (e) disease outbreaks which are scientifically shown to ascertain how be caused by the problem has occurredconsumption of imported food and food products, natural or processed. 2. The Parties shall consult on what remedial action might be taken by use the exporting Party to ensure that further shipments notification authorities and enquiry points established under the ASPS as communication channels. When emergency measures are not affected; (c) needed, the exporting Party shall investigate immediately notify the other Party in 8-6 writing, indicating briefly the purposes and advise basis of the importing Party measure, and the nature of its findings regarding the non-compliance referred problem. 3. According to in Sub-paragraph the provisions of Article 13.02 (aInformation Center), including any corrective action that will apply to future shipments. The Parties shall, upon the request of either Party, jointly examine the import or export control, inspection and approval procedures concerned; and (d) if, after investigation and review, the Parties mutually determine that the issue is an incident arising from an isolated technical problem, the importing each Party shall separate the incident clearly answer any reasonable request for information from the overall institutional and procedural arrangements applying to relevant control, inspection and approval systems. In this event, the importing other Party shall confine any treatment measures taken only to that particular shipment and shall also endeavour provide relevant documentation according to ensure that the incident is not used as a basis for refusing principles of paragraph 3 of Annex B to accept the arrangements applying to other shipments of the products concernedASPS.

Control, Inspection and Approval Procedures. 1. The Pursuant to this Chapter, the Parties recognise that they operate different systems for giving effect shall apply the provisions of Annex C to their international rights and obligations the SPS Agreement, relating to control, inspection and approval procedures, including systems for approving the use of additives and for establishing tolerances for contaminants in foods, beverages or feedstuffs. 2. Each When the competent authority of the exporting Party shallfirst requests that the competent authority of the importing Party conduct an inspection of a productive unit or productive processes in its territory, the competent authority of the importing Party shall conduct such inspection within a maximum of 90 days of the date on which the request was made, except for the first year following the entry into force of the Agreement when the competent authorities of Panama shall have a deadline of 105 days. Upon completion of the inspection, the competent authority of the importing Party shall issue a reasoned decision on the request outcome of the other Party, following inspection and shall notify it to the procedures set down from time exporting Party within a maximum of 30 days of the date on which the inspection was competed. If the competent authority of the importing Party fails to time by meet the relevant WTO bodies and the Codex Alimentarius Commissionaforementioned deadlines, the Office Internationale des Epizooties or the International Plant Protection Convention, give consideration to accepting the relevant control, inspection and approval procedures competent authority of the other Party, provided that it is satisfied that these achieve exporting Party may apply in writing to the same outcomes as its own regulatory requirementscompetent authority of the importing Party for consultations to be held pursuant to Chapter 20 (Dispute Settlement). 3. Each Productive units or productive processes certified in the importing Party shall on request and apply for renewal at least 120 days before their current certification expires. Productive units or productive processes which respect the deadline specified in accordance with its international obligations and applicable laws, regulations and policies, review its inspection, testing, certification and other relevant import and this paragraph will be permitted by the competent authorities of the importing Party to continue to export approval systems until such time as the corresponding inspection procedures are completed. Productive units or procedures to ensure these are reasonable and necessary, so as to further facilitate access of traded goods to its territory and minimise productive processes which do not apply for renewal before the costs of doing business120-day deadline shall be governed by the procedure set out in paragraph 2. 4. The Parties shall cooperate on a product trace back system for Certification of productive units or productive processes issued by the notification competent authorities of non-compliance of imported consignments for commodities subject to SPS measures or other agricultural and food standards requirements, drawing on the guidelines of relevant international organisations where available. 5. In particular: (a) where non-compliance with SPS measures or other agricultural and food standards arises, the importing Party shall notify be valid for a minimum of one (1) year. Upon the exporting Party entry into force of this Agreement, productive units or productive processes the consignment details; (b) unless specifically required certification of which expires prior to the 120-day deadline may apply for renewal within a period of not more than 120 days from the date of entry into force of this Agreement. Productive units or productive processes which respect the deadline specified in this paragraph will be permitted by laws, regulations or policies in effect at the time this Agreement enters into force, competent authorities of the importing Party shall avoid suspending trade based on one shipment, but in to continue to export until such time as the first instance shall contact the exporting Party to ascertain how the problem has occurredcorresponding inspection procedures are completed. The Parties shall consult on what remedial action might be taken Productive units or productive processes which do not apply for renewal by the exporting Party to ensure that further shipments are not affected; (c) deadline laid down in this paragraph shall be governed by the exporting Party shall investigate and advise the importing Party of its findings regarding the non-compliance referred to procedure set out in Sub-paragraph (a), including any corrective action that will apply to future shipments. The Parties shall, upon the request of either Party, jointly examine the import or export control, inspection and approval procedures concerned; and (d) if, after investigation and review, the Parties mutually determine that the issue is an incident arising from an isolated technical problem, the importing Party shall separate the incident clearly from the overall institutional and procedural arrangements applying to relevant control, inspection and approval systems. In this event, the importing Party shall confine any treatment measures taken only to that particular shipment and shall also endeavour to ensure that the incident is not used as a basis for refusing to accept the arrangements applying to other shipments of the products concerned2.

Control, Inspection and Approval Procedures. 1. The Parties recognise that they operate different systems for giving effect to their international rights and obligations relating to control, inspection and approval procedures. 2. Each Party shall, on the request of the other Party, following the procedures set down from time to time by the relevant WTO bodies and the Codex Alimentarius Commission, the Office Internationale des Epizooties or the International Plant Protection Convention, give consideration to accepting the relevant control, inspection and approval procedures shall comply with the following conditions: a) the Parties shall apply the provisions of Annex C of the other SPS Agreement in relation to the control, inspection, and approval procedures, including approval systems of additive use and the establishment of maximum residue limits in food, beverages and feedstuffs; b) any control, inspection, or approval activity of the sanitary and phytosanitary authority of a Party, provided that it in relation to the trade between the Parties, shall be conducted in a professional, efficient and timely manner; c) the competent authority of the exporting Party, an exporter, an importer or any other representative may request to the competent authority of the importing Party, the sanitary audit of a production unit, production process or processing establishment to determine whether an agricultural good or group of goods may be allowed importation. When a request is satisfied that these achieve made to determine whether an agricultural good or group of goods may be allowed importation for the same outcomes as its own regulatory requirements.first time, the following procedures shall apply: 3i. paragraph 4 of Article 4 of this Annex, if applicable; ii. Each Party shall on request and when a sanitary audit is required, in accordance with its international obligations and applicable lawsArticle 4 of this Annex, regulations and policies, review its inspection, testing, certification and other relevant import and export approval systems or procedures such sanitary audits shall be conducted by the importing Party within sixty (60) calendar days from the date of the submission to ensure these are reasonable and necessary, so as to further facilitate access the exporting Party of traded goods to its territory and minimise the costs of doing business. 4technical report. The Parties technical report shall cooperate on a product trace back system for include the notification findings of non-compliance of imported consignments for commodities subject to SPS measures or other agricultural and food standards requirementsthe sanitary audit; iii. once the sanitary audit has been conducted, drawing on if the guidelines of relevant international organisations where available. 5. In particular: (a) where non-compliance with SPS measures or other agricultural and food standards arisesrecommendations are favourable, the importing Party shall notify inform the exporting Party in writing, that the agricultural good or groups of goods may be allowed to be imported before the technical report of the consignment detailssanitary audit is submitted; and iv. the technical report of the sanitary audits shall be submitted to the exporting Party within thirty (30) working days after the inspection is completed; (bd) unless specifically required by laws, regulations or policies in effect at if the time this Agreement enters into force, competent authority of the importing Party shall avoid suspending trade based on one shipmentdoes not comply with the timeframe mentioned above, but in the first instance shall contact competent authority of the exporting Party may refer the matter to ascertain how the problem has occurred. The Parties Sanitary and Phytosanitary Committee for consultation in accordance with paragraphs 3(d) and (h) of Article 9 of this Annex; e) production units, production processes and processing establishments, that have a valid certification from the importing Party, shall consult on what remedial action might request renewal thereof at least ninety (90) calendar days before it expires; f) the production units, production processes and processing establishments that have complied with paragraph (e) of this Article, and have not received renewal of certification from the importing Party, may be taken by allowed to continue exporting, provided that they have official authorization from the exporting importing Party to ensure that further shipments are not affectedcontinue such trade until certification is re-established; g) when the production units, production processes and processing establishments do not comply with paragraph (e) of this Article, they shall be required to follow the process established in paragraph (c) of this Article; h) the certification of the production units, production processes and processing establishments, by the competent authority of the importing Party, shall be valid for at least one year; i) to objectively demonstrate that the status of pest or disease free zones or areas, or areas of low pest prevalence has not changed, the exporting Party shall investigate and advise facilitate the importing Party of its findings regarding the non-compliance referred with reasonable access to in Sub-paragraph (a)conduct inspection, including any corrective action that will apply to future shipments. The Parties shall, upon the request of either Party, jointly examine the import or export control, inspection control and approval procedures concerned; and (d) if, after investigation and review, the Parties mutually determine that the issue is an incident arising from an isolated technical problem, the importing Party shall separate the incident clearly from the overall institutional and procedural arrangements applying to relevant control, inspection and approval systems. In this event, the importing Party shall confine any treatment measures taken only to that particular shipment and shall also endeavour to ensure that the incident is not used as a basis for refusing to accept the arrangements applying to other shipments of the products concernedprocedures.

Control, Inspection and Approval Procedures. 1. The Parties recognise that they operate different systems for giving effect to their international rights and obligations relating to control, inspection and approval procedures. 2. Each Party shall, on the request of the other Party, following the procedures set down from time to time by the relevant WTO bodies and the Codex Alimentarius Commission, the Office Internationale des Epizooties or the International Plant Protection Convention, give consideration to accepting the relevant control, inspection and approval procedures of the other Party, provided that it is satisfied that these achieve the same outcomes as its own regulatory requirements. 3. Each Party shall on request and in accordance with its international obligations and applicable laws, regulations and policies, review its inspection, testing, certification and other relevant import and export approval systems or procedures to ensure these are reasonable and necessary, so as to further facilitate access of traded goods to its territory and minimise the costs of doing business. 4. The Parties shall cooperate on a product trace back system for the notification of non-non- compliance of imported consignments for commodities subject to SPS measures or other agricultural and food standards requirements, drawing on the guidelines of relevant international organisations where available. 5. In particular: (a) where non-compliance with SPS measures or other agricultural and food standards arises, the importing Party shall notify the exporting Party of the consignment details; (b) unless specifically required by laws, regulations or policies in effect at the time this Agreement enters into force, the importing Party shall avoid suspending trade based on one shipment, but in the first instance shall contact the exporting Party to ascertain how the problem has occurred. The Parties shall consult on what remedial action might be taken by the exporting Party to ensure that further shipments are not affected; (c) the exporting Party shall investigate and advise the importing Party of its findings regarding the non-compliance referred to in Sub-paragraph (a), including any corrective action that will apply to future shipments. The Parties shall, upon the request of either Party, jointly examine the import or export control, inspection and approval procedures concerned; and (d) if, after investigation and review, the Parties mutually determine that the issue is an incident arising from an isolated technical problem, the importing Party shall separate the incident clearly from the overall institutional and procedural arrangements applying to relevant control, inspection and approval systems. In this event, the importing Party shall confine any treatment measures taken only to that particular shipment and shall also endeavour to ensure that the incident is not used as a basis for refusing to accept the arrangements applying to other shipments of the products concerned.

Control, Inspection and Approval Procedures. 1. The Parties recognise that they operate different systems for giving effect to their international rights and obligations relating to control, inspection and approval procedures. 2. Each Party shall, on the request of the other Party, following the procedures set down from time to time by the relevant WTO bodies and the Codex Alimentarius Commission, the Office Internationale des Epizooties or the International Plant Protection Convention, give consideration to accepting the relevant control, inspection and approval procedures of the other Party, provided that it is satisfied that these achieve the same outcomes as its own regulatory requirements. 3. Each Party shall on request and in accordance with its international obligations and applicable laws, regulations and policies, review its inspection, testing, certification and other relevant import and export approval systems or procedures to ensure these are reasonable and necessary, so as to further facilitate access of traded goods to its territory and minimise the costs of doing business. 4. The Parties shall cooperate on a product trace back system for the notification of non-non­ compliance of imported consignments for commodities subject to SPS measures or other agricultural and food standards requirements, drawing on the guidelines of relevant international organisations where available. 5. In particular: (a) where non-compliance with SPS measures or other agricultural and food standards arises, the importing Party shall notify the exporting Party of the consignment details; (b) unless specifically required by laws, regulations or policies in effect at the time this Agreement enters into force, the importing Party shall avoid suspending trade based on one shipment, but in the first instance shall contact the exporting Party to ascertain how the problem has occurred. The Parties shall consult on what remedial action might be taken by the exporting Party to ensure that further shipments are not affected; (c) the exporting Party shall investigate and advise the importing Party of its findings regarding the non-compliance referred to in Sub-paragraph (a), including any corrective action that will apply to future shipments. The Parties shall, upon the request of either Party, jointly examine the import or export control, inspection and approval procedures concerned; and (d) if, after investigation and review, the Parties mutually determine that the issue is an incident arising from an isolated technical problem, the importing Party shall separate the incident clearly from the overall institutional and procedural arrangements applying to relevant control, inspection and approval systems. In this event, the importing Party shall confine any treatment measures taken only to that particular shipment and shall also endeavour to ensure that the incident is not used as a basis for refusing to accept the arrangements applying to other shipments of the products concerned.