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

Control, Inspection and Approval Procedures. 1. Each Party, in connection with any control or inspection procedure it carries out: a) initiate and conclude the proceeding as expeditiously as possible and in a manner no less favorable to a good of the other Party than to a like good of the Party or of any other country; b) publish the normal duration of the procedure or communicate to whoever requests it, the expected duration of the procedure; c) ensure that the competent body: i) upon receipt of an application, promptly examine the completeness of the documentation and inform the applicant accurately and fully of any deficiencies; ii) as soon as possible, transmit to the applicant the results of the procedure in an accurate and complete manner, so that the applicant may take any necessary corrective action; iii) where the application is insufficient, continue, to the extent possible, with the procedure if the applicant so requests; and iv) report, at the request of the applicant, on the status of the application and the reasons for any delay; d) limit the information to be submitted by the applicant to that necessary to carry out the procedure; e) grant confidential or proprietary information arising out of or in connection with the conduct of the proceeding for an asset of the other Party: i) treatment no less favorable than for a good of the Party; and ii) in any case, treatment that protects the legitimate commercial interests of the applicant to the extent provided by the law of that Party; f) limit any requirement in respect of individual specimens or samples of a good to what is reasonable or necessary; g) for carrying out the procedure, shall not impose a fee that is greater for a good of another Party than is equitable in relation to any fee it charges on its goods or the goods of any other country, taking into account the costs of communication, transportation and other related costs; h) use criteria for selecting the location of the facilities where the procedure is to be carried out, so as not to cause inconvenience to an applicant or its representative; i) use criteria for selecting samples of goods that do not cause unnecessary inconvenience to an applicant or his representative; and j) in the case of a good that has been modified subsequent to the determination that it complies with the requirements of the applicable phytosanitary or animal health measure, limit the procedure to what is necessary to establish that it continues to comply with the requirements of that measure. 2. When a phytosanitary or zoosanitary measure of the importing Party requires a control or inspection procedure to be carried out at the production stage, the exporting Party shall, at the request of the importing Party, take the measures available to it to facilitate access to its territory and provide the necessary assistance to facilitate the importing Party in carrying out its control or inspection procedure. 3. The Parties shall apply, with the necessary modifications, with respect to their approval procedures, the relevant provisions of paragraph 1, subparagraphs a) to h). 4. Animporting Party that maintains an approval procedure may require that its authorization for the use of an additive, or the establishment of a tolerance level for a contaminant in a food or feedstuff, be obtained in accordance with that procedure before granting access to its domestic market for a food or feedstuff containing that additive or contaminant. Where that Party so requires, it may authorize a relevant international standard, guideline or recommendation as a basis for granting access to such goods pending completion of the procedure.

Control, Inspection and Approval Procedures. 1. Each Party, in connection with respect to any control or inspection procedure that it carries outconducts: a) shall initiate and conclude complete the proceeding procedure as expeditiously as possible and in a manner no less favorable to manner for a good of the other another Party than to for a like good of the Party or of any other country; b) shall publish the normal duration of processing period for the procedure or communicate the anticipated processing period to whoever requests it, the expected duration of the procedureapplicant on request; c) shall ensure that the competent body: (i) upon on receipt of an application, promptly examine examines the completeness of the documentation and inform informs the applicant accurately in a precise and fully complete manner of any deficiencies;deficiency, (ii) transmits to the applicant as soon as possible, transmit to the applicant possible the results of the procedure in an accurate a form that is precise and complete manner, so that the applicant may take any necessary corrective action;, (iii) where the application is insufficientdeficient, continue, to the extent possible, proceeds as far as practicable with the procedure if the applicant so requests; , and (iv) report, at the request of informs the applicant, on request, of the status of the application and the reasons for any delay; d) shall limit the information to be submitted by the applicant is required to supply to that necessary to carry out for conducting the procedure; e) grant shall accord confidential or proprietary information arising out of from, or supplied in connection with with, the conduct procedure conducted for a good of the proceeding for an asset of the other another Party: (i) treatment no less favorable than for a good of the Party; , and (ii) in any caseevent, treatment that protects the applicant's legitimate commercial interests of the applicant interests, to the extent provided by under the law of that Party's law; f) shall limit any requirement in respect of regarding individual specimens or samples of a good to what that which is reasonable or and necessary; g) for carrying out the procedure, shall should not impose a fee for conducting the procedure that is greater higher for a good of another Party than is equitable in relation to any such fee it charges on imposes for its like goods or the for like goods of any other country, taking into account the costs of communication, transportation and other related costs; h) should use criteria for selecting the location of the facilities where at which the procedure is to be carried out, so as conducted that do not to cause unnecessary inconvenience to an applicant or its representativeagent; i) shall provide a mechanism to review complaints concerning the operation of the procedure and to take corrective action when a complaint is justified; j) should use criteria for selecting samples of goods that do not cause unnecessary inconvenience to an applicant or his representativeits agent; and jk) in shall limit the case of procedure, for a good that has been modified subsequent to the a determination that it complies with the good fulfills the requirements of the applicable sanitary or phytosanitary or animal health measure, limit the procedure to what is that necessary to establish determine that it the good continues to comply with fulfill the requirements of that measure. 2. When a phytosanitary or zoosanitary measure of the importing Party requires a control or inspection procedure to be carried out at the production stage, the exporting Party shall, at the request of the importing Party, take the measures available to it to facilitate access to its territory and provide the necessary assistance to facilitate the importing Party in carrying out its control or inspection procedure. 3. The Parties shall apply, with the necessary modifications, with respect to their approval procedures, the relevant provisions of paragraph 1, subparagraphs a) to h). 4. Animporting Party that maintains an approval procedure may require that its authorization for the use of an additive, or the establishment of a tolerance level for a contaminant in a food or feedstuff, be obtained in accordance with that procedure before granting access to its domestic market for a food or feedstuff containing that additive or contaminant. Where that Party so requires, it may authorize a relevant international standard, guideline or recommendation as a basis for granting access to such goods pending completion of the procedure.

Control, Inspection and Approval Procedures. 1. Each PartyParty shall, in connection with relation to any control or inspection procedure it carries out: (a) initiate and conclude the proceeding procedure as expeditiously as possible and in a manner no less favorable to a good of the other Party than to a like good of the Party or of any other country; (b) publish the normal duration of the procedure or communicate to whoever requests it, any person requesting it the expected duration of the procedure; (c) ensure that the competent body: (i) upon receipt of an application, promptly examine examines the completeness of the documentation and inform informs the applicant accurately and fully of any deficiencies; (ii) as soon as possible, transmit transmits to the applicant the results of the procedure in an accurate and complete manner, so that the applicant may take any necessary corrective actionaction can be taken; (iii) where the application is insufficientdeficient, continue, to the extent as far as possible, with the procedure if the applicant so requests; and (iv) report, at the request of the applicant, on the status of the application and the reasons for any delay; (d) limit the information to be submitted by the applicant to that necessary to carry out the procedure; (e) grant to confidential or proprietary information arising out of or in connection with from the conduct of the proceeding for an asset of the other Party, or submitted in connection with such information: (i) treatment no less favorable than for a good that accorded to an asset of the Party; and (ii) in any case, treatment that protects the legitimate commercial interests of the applicant to the extent provided by in accordance with the law of that Party; (f) limit any requirement in with respect of to individual specimens or samples of a good to what is reasonable or necessary; (g) shall not charge a higher fee for carrying out the procedure, shall not impose a fee that is greater for procedure on a good of another the other Party than is equitable in relation to any fee it charges on its goods or the goods of any other another country, taking into account the costs of communication, transportation and other related costs; (h) use criteria for selecting the location of the facilities where the procedure proceeding is to be carried out, conducted so as not to cause unnecessary inconvenience to an applicant or its representative; (i) provide a mechanism for reviewing complaints related to the operation of the procedure and for taking corrective action when a complaint is substantiated; (j) use criteria for selecting samples of goods that do not cause unnecessary inconvenience to an applicant or his its representative; and j(k) in the case of a good that has been modified subsequent to the determination that it complies with the requirements of the applicable phytosanitary animal or animal plant health measure, limit the procedure to what is necessary to establish that it continues to comply with the requirements of that measure. 2. When Each Party shall apply to its approval procedures the relevant provisions of subparagraphs (a) through (i) of paragraph 1, with the necessary modifications. 3. When, at the stage of production of a phytosanitary or zoosanitary measure of good, the importing Party requires to carry out a control or inspection procedure to be carried out at the production stageprocedure, the exporting Party shall, at the request of the importing Party, take the such reasonable measures as may be available to it to facilitate provide the importing Party with access to its territory and provide the necessary assistance in order to facilitate the importing Party in carrying carry out its control or inspection procedure. 3. The Parties exporting Party shall apply, also provide the importing Party with the assistance necessary modifications, with respect to their approval procedures, the relevant provisions of paragraph 1, subparagraphs a) to h)for this purpose. 4. Animporting A Party that maintains maintaining an approval procedure may require that its establish an authorization requirement for the use of an additive, or the establishment of set a tolerance level for a contaminant in a food food, beverage or feedstuff, be obtained in accordance with that procedure before procedure, prior to granting access to its domestic market for a food that food, beverage or feedstuff containing that additive or contaminant. Where that Party so requires, it may authorize adopt a relevant international standard, guideline or recommendation as a basis for granting access to such goods goods, pending completion of the procedure.

Control, Inspection and Approval Procedures. 1. Each Party, in connection with Party shall initiate and complete any control or inspection procedure it carries out: a) initiate and conclude the proceeding as expeditiously as possible and in a manner no less favorable communicate the anticipated processing period to a good of the other applicant on request. 2. Each Party than to a like good of the Party or of any other country; b) publish the normal duration of the procedure or communicate to whoever requests it, the expected duration of the procedure; c) shall ensure that the its competent body: i(a) upon On receipt of an application, promptly examine examines the completeness of the documentation and inform informs the applicant accurately in a precise and fully complete manner of any deficienciesdeficiency; ii(b) transmits to the applicant as soon as possible, transmit to the applicant possible the results of the procedure procedure, in an accurate a form that is precise and complete manner, so that the applicant may take any necessary corrective action;, iii(c) where the application is insufficientdeficient, continue, to the extent possible, proceeds as far as practicable with the procedure if the applicant so requests, respecting the established time-limits; and iv) report, at the request of the applicant, and reports on the status of the application and the reasons for any delay, if the applicant so requests; (d) limit limits the information to be submitted by the applicant is required to supply to that necessary to carry out for conducting the procedure; (e) grant accords confidential or proprietary status to any information arising out of or in connection with from the conduct of the proceeding for an asset of the other Party: i) treatment no less favorable than procedure conducted for a good of the other Party; and; ii(f) in any case, treatment that protects the applicant’s legitimate commercial interests of the applicant interests, to the extent provided by the law of that under each Party’s law; f(g) limit limits any requirement in respect of regarding individual specimens or samples of a good to what that which is reasonable or necessary; g(h) does not charge a fee, for carrying out performing the procedureprocedure on the good of the other Party, shall not impose a fee that is greater for a good of another Party higher than is equitable in relation to any such fee it charges imposes on its goods or the goods of any other country, taking into account the costs of communication, transportation and other related costsown goods; h(i) use criteria for in selecting the location of the facilities where at which the procedure is to be carried out, so as not to cause inconvenience to an applicant or its representative; i) use criteria for performed and selecting samples of goods goods, uses criteria that do not cause unnecessary inconvenience to an applicant or his representativeits agent; (j) provides a mechanism to review complaints concerning the operation of the procedure and take corrective action when a complaint is justified; and j(k) in the case of for a good that has been modified subsequent to the following a determination that it complies with fulfils the requirements of the applicable phytosanitary or animal health measure, limit limits the procedure to what is that necessary to establish determine that it the good continues to comply with fulfil the requirements of that measure. 23. When a phytosanitary or zoosanitary measure Each Party shall apply the provisions of paragraph 2 to its approval procedures. 4. Where the importing Party requires a control or inspection procedure to be carried out at the production stageperformed during production, the exporting Party shall, at on the request of the importing Party, take the such reasonable measures as may be available to it to facilitate access to in its territory and to provide the assistance necessary assistance to facilitate the importing Party in carrying out its Party’s control or inspection procedure. 35. The Parties shall applyFor the purposes of ensuring food safety, each Party may establish in its approval procedures and in accordance with the necessary modificationsits current regulations, with respect to their approval procedures, the relevant provisions of paragraph 1, subparagraphs a) to h). 4. Animporting Party that maintains an approval procedure may require that its authorization requirements for the use of an additive, a food additive or the establishment of a level of tolerance level for a contaminant in a food or feedstufftherein, be obtained in accordance with that procedure before granting access to its domestic market for a food or feedstuff containing that additive or contaminantmarket. Where that Party so requires, it may authorize adopt a relevant international standard, guideline or recommendation as a the basis for granting access to such goods pending completion of the procedureuntil a final decision is taken.