Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/nafta/07agr_b.asc

Text File | 1993-09-15 | 17.8 KB | 456 lines

Article 759: Control, Inspection and Approval Procedures

1.   Each Party, with respect to any control or inspection
procedure that it conducts:

     (a) shall initiate  and complete such procedure as
 expeditiously as possible and in no less favorable
 manner for a good of another Party than for a good of
 such Party or a like good of any other country;

     (b) shall publish the normal processing period for each
 such procedure or communicate the anticipated
 processing period to the applicant upon request;

     (c) shall ensure that the competent body

     (i) upon receipt of an application,  promptly examines
 the completeness of the documentation and informs
 the applicant in a precise and complete manner of
 any  deficiency,

     (ii) transmits to the applicant as soon as possible the
 results of the procedure in a form that is precise
 and complete so that such applicant may take any
 necessary  corrective action,

     (iii) where the application is deficient, proceeds
 as far as practicable with such  procedure if
 the applicant so requests, and

     (iv) informs the applicant, upon request,  of the
 status of the application and the reasons for  any
 delay;

     (d) shall limit the information the applicant is required
 to supply to that necessary for conducting such
 procedure;

     (e) shall accord confidential or proprietary information
 arising from, or supplied in connection with, such
 procedure conducted for a good of another Party

     (i) treatment no less favorable than for a good of
 such Party, and

     (ii) in any event, treatment that protects the
 applicant's legitimate commercial interests, to
 the extent provided under the Party's law;

     (f) shall limit any requirement regarding individual
 specimens or samples of a  good to that which is
 reasonable and necessary;

     (g) should not impose a fee for conducting such procedure
 that is higher for a good of another Party than is
 equitable in relation to any such fee it imposes for
 its like goods or for like goods of any other country,
 taking into account communication, transportation and
 other related costs;

     (h) should use criteria for selecting the location of
 facilities at which a procedure is conducted that do
 not cause unnecessary inconvenience to an applicant or
 its agent;

     (i) shall provide a mechanism to review complaints
 concerning the operation of such 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 its agent; and

     (k) shall limit such procedure, for a good modified
 subsequent to a determination that such good fulfills
 the requirements of the applicable sanitary or
 phytosanitary measure, to that necessary to determine
 that such good continues to fulfill the requirements of
 such measure.

2.   Each Party shall apply, with such modifications as may be
necessary, paragraphs 1(a) through (i) to its approval
procedures.

3.   Where an importing Party's sanitary or phytosanitary measure
requires the conduct of a control or inspection procedure at the
level of production, an exporting Party shall, upon the request
of the importing Party, take such reasonable measures as may be
available to it to facilitate access in its territory and to
provide assistance necessary to facilitate the conduct of the
importing Party's control or inspection procedure.

4.   A Party maintaining an approval procedure may require its
approval for the use of an additive, or its establishment of a
tolerance for a contaminant, in a food, beverage or feedstuff,
under such procedure, prior to granting access to its domestic
market for a food, beverage or feedstuff containing such additive
or contaminant. Where such Party so requires, it shall consider
using a relevant international standard, guideline or
recommendation as the basis for granting access until it
completes such procedure.


Article 760: Notification, Publication and Provision of
 Information

1.   Further to Articles 1802 and 1803, each Party proposing to
adopt or modify a sanitary or phytosanitary measure of general
application at the federal level shall:

     (a) at least 60 days prior to the adoption or modification
 of such measure, other than a law, publish a notice and
 notify in writing the other Parties of the proposed
 measure and provide to the other Parties and publish
 the full text of the proposed measure, in such a manner
 as to enable interested persons to become acquainted
 with the proposed measure;

     (b) identify in such notice and notification the good to
 which the proposed measure would apply, and provide a
 brief description of the objective and reasons for such
 measure;

     (c) provide a copy of such proposed measure to any Party or
 interested person that so requests and, wherever
 possible, identify any provision that deviates in
 substance from relevant international standards,
 guidelines or recommendations; and

     (d) without discrimination, allow other Parties and
 interested persons to make comments in writing and
 shall, upon request, discuss such comments and take the
 comments and the results of such discussions into
 account.

2.   Each Party shall seek, through appropriate measures, to
ensure, with respect to a sanitary or phytosanitary measure of a
state or provincial government:

     (a) that, at an early appropriate stage, a notice and
 notification of the type referred to in paragraphs 1(a)
 and (b) are made prior to their adoption; and

     (b) observance of paragraphs 1(c) and (d).

3.   Where a Party considers it necessary to address an urgent
problem relating to sanitary and phytosanitary protection, it may
omit any step set out in paragraph 1 or 2, provided that, upon
adoption of a sanitary or phytosanitary measure, it shall:

     (a) immediately provide to the other Parties a notification
 of the type referred to in paragraph 1(b), including a
 brief description of the urgent problem;

     (b) provide a copy of such measure to any Party or
 interested person that so requests; and

     (c) without discrimination, allow other Parties and
 interested persons to make comments in writing and
 shall, upon request, discuss such comments and take
 such comments and the results of such discussions into
 account.

4.   Except where necessary to address an urgent problem referred
to in paragraph 3, each Party shall allow a reasonable period
between the publication of a sanitary or phytosanitary measure of
general application and the date that it becomes effective to
allow time for interested persons to adapt to such measure.

5.   Each Party shall designate a government authority
responsible for the implementation at the federal level of the
notification provisions of this Article, and shall notify the
other Parties thereof. Where a Party designates two or more
government authorities for such purpose, it shall provide to the
other Parties complete and unambiguous information on the scope
of responsibility of each such authority.

6.   Where an importing Party denies entry into its territory of
a good of another Party because it does not comply with a
sanitary or phytosanitary measure, the importing Party shall
provide a written explanation to the exporting Party, upon
request, that identifies the applicable measure and the reasons
that the good is not in compliance.


Article 761: Inquiry Points

1.   Each Party shall ensure that there is one inquiry point that
is able to answer all reasonable enquiries from other Parties and
interested persons, and to provide relevant documents, regarding:

     (a) any sanitary or phytosanitary measure of general
 application, including any control or inspection
 procedure or approval procedure, proposed, adopted or
 maintained in its territory at the federal, provincial,
 or state government level;

     (b) such Party's risk assessment procedures and factors it
 considers in conducting such assessment and in
 establishing its appropriate levels of protection;

     (c) the membership and participation of such Party, or its
 relevant federal, provincial or state government
 authorities in international and regional sanitary and
 phytosanitary organizations and systems, and in
 bilateral and multilateral arrangements within the
 scope of this Subchapter, and the provisions of such
 systems and arrangements; and

     (d) the location of notices published pursuant to this
 Subchapter or where such information can be obtained.

2.   Each Party shall ensure that where copies of documents are
requested by another Party or by interested persons in accordance
with this Subchapter, they are supplied at the same price, apart
from the actual cost of delivery, as the price for domestic
purchase.


Article 762: Technical Cooperation

1.   Each Party shall, upon the request of another Party,
facilitate the provision of technical advice, information and
assistance, on mutually agreed terms and conditions, to enhance
that Party's sanitary and phytosanitary measures and related
activities, including research, processing technologies,
infrastructure and the establishment of national regulatory
bodies. Such assistance may include credits, donations and
grants, for the purpose of acquiring technical expertise,
training and equipment to allow the Party to adjust to and comply
with a Party's sanitary or phytosanitary measure.

2.   Each Party shall, on the request of another Party:

     (a) provide to that Party information on its technical
 cooperation programs regarding sanitary or
 phytosanitary measures relating to specific areas of
 interest; and

     (b) consult with the other Party during the development of,
 or prior to the adoption or change in the application
 of, any sanitary or phytosanitary measure.


Article 763: Limitations on the Provision of Information

Nothing in this Subchapter shall be construed as requiring a
Party to:

     (a) communicate, publish texts or provide particulars or
 copies of documents other than in an official language
 of such Party; or

     (b) furnish any information the disclosure of which would
 impede law enforcement or otherwise be contrary to the
 public interest or would prejudice the legitimate
 commercial interests of particular enterprises.


Article 764: Committee on Sanitary and Phytosanitary Measures

1.   The Parties hereby establish a Committee on Sanitary and
Phytosanitary Measures, comprising representatives of each Party
who have responsibility for sanitary and phytosanitary matters.

2.   The Committee should facilitate:

     (a) the enhancement of food safety and improvement of
 sanitary and phytosanitary conditions in the
 territories of the Parties;

     (b) activities of the Parties pursuant to Articles 755 and
 756;

     (c) technical cooperation between the Parties, including
 cooperation in the development, application and
 enforcement of sanitary or phytosanitary measures; and

     (d) consultations on specific matters relating to sanitary
 or phytosanitary measures.

3.   The Committee:

     (a) shall, to the extent possible, in carrying out its
 functions, seek the assistance of  relevant
 international and North American standardizing
 organizations to obtain available scientific and
 technical advice and minimize duplication of effort;

     (b) may draw upon such experts and expert bodies as it
 considers appropriate;

     (c) shall report annually to the Commission on the
 implementation of this Subchapter;

     (d) shall meet upon the request of any Party and, unless
 the Parties otherwise agree, at least once each year;
 and

     (e) may, as it considers appropriate, establish and
 determine the scope and mandate of working groups.


Article 765: Technical Consultations

1.   A Party may request consultations with another Party on any
matter covered by this Subchapter.

2.   Each Party should use the good offices of relevant
international and North American standardizing organizations,
including those referred to in Article 755(5), for advice and
assistance on sanitary and phytosanitary matters within their
respective mandates.

3.   Where a Party requests consultations regarding the
application of this Subchapter to a Party's sanitary or
phytosanitary measure, and so notifies the Committee, the
Committee may facilitate such consultations, if it does not
consider the matter itself, by referring the matter for
non-binding technical advice or recommendations to a working
group, including an ad hoc  working group, or to another forum.

4.   The Committee should consider any matter referred to it
under paragraph 3 as expeditiously as possible, particularly
regarding perishable goods, and promptly forward to the Parties
any technical advice or recommendations that it develops or
receives concerning the matter.  The Parties involved shall
provide a written response to the Committee concerning the
technical advice or recommendations within such time as the
Committee may request.

5.   Where the involved Parties have had recourse to
consultations facilitated by the Committee under paragraph 3,
such consultations shall, upon the agreement of the Parties
involved, constitute consultations conducted for purposes of
Article 2006 (Consultations).

6.   The Parties confirm that a Party asserting that a sanitary
or phytosanitary measure of another Party is inconsistent with
the provisions of this Subchapter shall have the burden of
establishing such inconsistency.


Article 766: Definitions

For purposes of this Subchapter:

animal includes fish and wild fauna;

appropriate level of protection means the level of protection of
human, animal or plant life or health in the territory of a Party
that the Party considers appropriate;

approval procedure means any registration, notification or other
mandatory administrative procedure for:

     (a) approving the use of an additive for a stated purpose
 or under stated conditions; or

     (b) establishing a tolerance for a stated purpose or under
 stated conditions for a contaminant,

in a food, beverage or feedstuff prior to permitting the use of
such additive or the marketing  of a food, beverage or feedstuff
containing such additive or contaminant;

area means a country, part of a country or all or parts of
several countries;

area of low pest or disease prevalence means an area in which a
specific pest or disease occurs at low levels;

contaminant includes pesticide and veterinary drug residues and
extraneous matter;

control or inspection procedure means any procedure used,
directly or indirectly, to determine that a sanitary or
phytosanitary measure is fulfilled, including sampling, testing,
inspection, evaluation, verification, monitoring, auditing,
assurance of conformity, accreditation, registration,
certification, or other procedure involving the physical
examination of a good, of the packaging of a good, or of the
equipment or facilities directly related to production, marketing
or use of a good, but does not mean an approval procedure;

international standard, guideline or recommendation means a
standard, guideline or recommendation:

     (a) regarding food safety, adopted by the Codex
 Alimentarius Commission, including one regarding
 decomposition elaborated by the Codex Committee on Fish
 and Fishery Products, food additives, contaminants,
 hygienic practice, and methods of analysis and
 sampling;

     (b) regarding animal health and zoonoses, developed under
 the auspices of the International Office of Epizootics;

     (c) regarding plant health, developed under the auspices of
 the Secretariat of the International Plant Protection
 Convention in co─operation with the North American
 Plant Protection Organization; or

     (d) established by or developed under any other
 international organization agreed upon by the Parties;

pest includes a weed;

pest-free or disease-free area means an area in which a specific
pest or disease does not occur;

plant includes wild flora;

risk assessment means an evaluation of:

     (a) the potential for the introduction, establishment or
 spread of a pest or disease and associated biological
 and economic consequences; or

     (b) the potential for adverse effects on human or animal
 life or health arising from the presence of an
 additive, contaminant, toxin or disease-causing
 organism in a food, beverage or feedstuff;

sanitary or phytosanitary measure means a measure that a Party
adopts, maintains or applies to:

     (a) protect animal or plant life or health in its territory
 from risks arising from the introduction, establishment
 or spread of a pest or disease,

     (b) protect human or animal life or health in its territory
 from risks arising from the presence of an additive,
 contaminant, toxin or disease-causing organism in a
 food, beverage or feedstuff,

     (c) to protect human life or health in its territory from
 risks arising from a disease-causing organism or pest
 carried by an animal or plant, or a product thereof,

     (d) prevent or limit other damage in its territory arising
 from the introduction, establishment or spread of a
 pest,

including end product criteria; a product-related processing or
production method; a testing, inspection, certification or
approval procedure; a relevant statistical method; a sampling
procedure; a method of risk assessment; a packaging and labelling
requirement directly related to food safety; and a quarantine
treatment, such as a relevant requirement associated with the
transportation of animals or plants or with material necessary
for their survival during transportation; and

scientific basis means a reason based on data or information
derived using scientific methods.