Common use of Determination of equivalence Clause in Contracts

Determination of equivalence. 1. Equivalence may be recognised in respect of: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex IX to this Agreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Committee referred to in Article 74 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to in Article 64(3) of this Agreement, this fact shall be deemed to be a request by Ukraine to initiate the process of recognition of equivalence of relevant measures, as set out in paragraph 3 of this Article. 5. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article within 360 days of receipt from the exporting Party of the request, including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 7. The importing Party may withdraw or suspend equivalence, on the basis of any amendment by one of the Parties, of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with Article 67(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures; (b) In accordance with Article 67(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures. 8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 9. Without prejudice to Article 73 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 10. Where equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex IX to this Agreement, the SPS Sub-Committee shall, in accordance with the procedure set out in Article 74(2) of this Agreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate. The status of the equivalence shall be listed in Annex IX to this Agreement. 11. When laws are approximated, the equivalence determination takes place on that basis.

Determination of equivalence. 1. Equivalence may be recognised in respect of: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex IX VI to this Agreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Committee referred to in Article 74 71 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to in Article 64(3) of this Agreement, this fact shall be deemed to be a request by Ukraine to initiate the process of recognition of equivalence of relevant measures, as set out in paragraph 3 of this Article. 5. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article within 360 days of receipt from the exporting Party of the request, including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 65. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 76. The importing Party may withdraw or suspend equivalence, on the basis of any amendment by one of the Parties, of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with Article 67(264(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures; (b) In accordance with Article 67(264(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures. 87. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 98. Without prejudice to Article 73 70 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 109. Where equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex IX VI to this Agreement, the SPS Sub-Sub- Committee shall, in accordance with the procedure set out in Article 74(271(2) of this Agreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate. The status of the equivalence shall be listed in Annex IX VI to this Agreement. 11. When laws are approximated, the equivalence determination takes place on that basis.

Determination of equivalence. 1. Equivalence may be recognised in respect of: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex IX to this Agreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Committee referred to in Article 74 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to in Article 64(3) of this Agreement, this fact shall be deemed to be a request by Ukraine to initiate the process of recognition of equivalence of relevant measures, as set out in paragraph 3 of this Article. 5. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article within 360 days of receipt from the exporting Party of the request, including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 7. The importing Party may withdraw or suspend equivalence, on the basis of any amendment by one of the Parties, of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with Article 67(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures; (b) In accordance with Article 67(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures. 8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative adminis­ trative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 9. Without prejudice to Article 73 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 10. Where equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex IX to this Agreement, the SPS Sub-Committee shall, in accordance with the procedure set out in Article 74(2) of this Agreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriateappro­ priate. The status of the equivalence shall be listed in Annex IX to this Agreement. 11. When laws are approximated, the equivalence determination takes place on that basis.

Determination of equivalence. 1. Equivalence may be recognised in respect of: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Articlearticle. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Articlearticle, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex annex IX to this Agreementagreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Sub-Committee referred to in Article article 74 of this Agreement agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to in Article article 64(3) of this Agreementagreement, this fact shall be deemed to be a request by Ukraine to initiate the process of recognition of equivalence of relevant measures, as set out in paragraph 3 of this Articlearticle. 5. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article article within 360 days of receipt from the exporting Party of the request, including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 7. The importing Party may withdraw or suspend equivalence, on the basis of any amendment by one of the Parties, of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with Article article 67(2) of this Agreementagreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures; (b) In accordance with Article article 67(2) of this Agreementagreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article article on the basis of the proposed measures. 8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations expla­ nations and supporting data used for the determinations and decisions covered by this Articlearticle. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 9. Without prejudice to Article article 73 of this Agreementagreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 10. Where equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex annex IX to this Agreementagreement, the SPS Sub-Committee shall, in accordance with the procedure set out in Article article 74(2) of this Agreementagreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate. The status of the equivalence shall be listed in Annex annex IX to this Agreementagreement. 11. When laws are approximated, the equivalence determination takes place on that basis.

Determination of equivalence. 1. Equivalence may be recognised in respect of: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex IX to this Agreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Sub-Committee referred to in Article 74 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to in Article 64(3) of this Agreement, this fact shall be deemed to be a request by Ukraine to initiate the process of recognition of equivalence of relevant measures, as set out in paragraph 3 of this Article. 5. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article within 360 days of receipt from the exporting Party of the request, including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 7. The importing Party may withdraw or suspend equivalence, on the basis of any amendment by one of the Parties, of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with Article 67(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures; (b) In accordance with Article 67(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-re- initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures. 8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-non- recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 9. Without prejudice to Article 73 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 10. Where equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex IX to this Agreement, the SPS Sub-Committee shall, in accordance with the procedure set out in Article 74(2) of this Agreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate. The status of the equivalence shall be listed in Annex IX to this Agreement. 11. When laws are approximated, the equivalence determination takes place on that basis.

Determination of equivalence. 1. Equivalence may be recognised in respect ofrelation to: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by the exporting Party concerning recognition of equivalence, as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex IX to this Agreement. However, if multiple requests are made by the exporting Party, the Parties, at the request of the importing Party, shall agree within the SPS Sub- Sub-Committee referred to in Article 74 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to mentioned in Article 64(3) of this Agreement, this fact shall be deemed to be a request by Ukraine to initiate the process of recognition of equivalence of relevant measures, as set out in paragraph 3 of this Article. 5. Unless otherwise agreed, the importing Party shall finalise the determination of equivalence referred to in paragraph 3 of this Article within 360 days of receipt after having received from the exporting Party of the request, request including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 7. The importing Party may withdraw or suspend equivalence, equivalence on the basis of any amendment by one of the Parties, Parties of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with the provisions of Article 67(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of following the receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures; (b) In accordance with the provisions of Article 67(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures. 8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 9. Without prejudice to Article 73 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 10. Where In case equivalence is formally recognised by the importing party, on the basis of the consultation process as set out in Annex IX to this Agreement, the SPS Sub-Sub- Committee shall, in accordance with the procedure set out in Article 74(2) of this Agreement, declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate. The status of the equivalence shall be listed in Annex IX to this Agreement. 11. When laws are approximated, the equivalence determination takes place on that basis.

Determination of equivalence. 1. Equivalence may be recognised recognized in respect ofrelation to: (a) an individual measure; or (b) a group of measures; or (c) a system applicable to a sector, sub-sector, commodities or group of commodities. 2. In the determination of equivalence, the Parties shall follow the process process, set out in paragraph 3 [of this Article]. This process shall include the objective demonstration of equivalence by the exporting Party and the objective assessment of this demonstration by the importing Party. This may include an inspection or verification. 3. Upon a request by of the exporting Party concerning recognition of equivalence, as set out in paragraph 1 [of this Article], the Parties shall without delay and no later than three months following receipt by the importing Party of such request, initiate the consultation process which includes the steps set out in Annex IX to this Agreement. However, if in case of multiple requests are made by from the exporting Party, the Parties, at the upon request of the importing Party, shall agree within the SPS Sub- Sub-Committee referred to in Article 74 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph. 4. When legislative approximation is achieved as a result of the monitoring referred to mentioned in Article 64(3) of this Agreement, this fact shall be deemed to be a request by of Ukraine to initiate the process of the recognition of equivalence of relevant measures, as set out in paragraph 3 [of this Article]. 5. Unless otherwise agreed, the importing Party shall finalise finalize the determination of equivalence referred to in paragraph 3 [of this Article Article] within 360 days of receipt after having received from the exporting Party of the request, request including a dossier demonstrating the equivalence, except for seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop. 6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with relevant ISPMs, as appropriate. 7. The importing Party may withdraw or suspend equivalence, equivalence on the basis of any amendment by one of the Parties, Parties of measures affecting equivalence, provided that the following procedures are followed: (a) In accordance with the provisions of Article 67(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised recognized and the likely effect of the proposed measures on the equivalence which has been recognisedrecognized. Within 30 working days of following the receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised recognized on the basis of the proposed measures; (b) In accordance with the provisions of Article 67(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognisedrecognized. Should the importing Party not continue to recognise recognize equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 [of this Article Article] on the basis of the proposed measures. 8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanations and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated. 9. Without prejudice to Article 73 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force. 10. Where In case equivalence is formally recognised recognized by the importing party, on the basis of the consultation process as set out in Annex IX to this Agreement, the SPS Sub-Sub- Committee shall, in accordance with the procedure set out in Article 74(2) [of this Agreement], declare recognition of equivalence in trade between the Parties. The decision shall also provide for the reduction of physical checks at the frontiers, simplified certificates and pre-listing procedures for the establishments as appropriate. The status of the equivalence shall be listed in Annex IX XIII to this Agreement. 11. When the laws are approximated, the equivalence determination takes place on that basis.