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AGREEMENT ON THE APPLICATION OF
SANITARY AND PHYTOSANITARY MEASURES

Members,

      Reaffirming that no Member should be prevented from adopting or
      enforcing measures necessary to protect human, animal or plant life or
      health, subject to the requirement that they are not applied in a
      manner which would constitute a means of arbitrary or unjustifiable
      discrimination between Members where the same conditions prevail or a
      disguised restriction on international trade;

      Desiring to improve the human health, animal health and phytosanitary
      situation in all Members;

      Noting that sanitary and phytosanitary measures are often applied on
      the basis of bilateral agreements or protocols;

      Desiring the establishment of a multilateral framework of rules and
      disciplines to guide the adoption, development and the enforcement of
      sanitary and phytosanitary measures in order to minimize their
      negative effects on trade;

      Recognizing the important contribution that international standards,
      guidelines and recommendations can make in this regard;

      Desiring to further the use of harmonized sanitary and phytosanitary
      measures between Members, on the basis of international standards,
      guidelines and recommendations developed by the relevant international
      organizations, including the Codex Alimentarius Commission, the
      International Office of Epizootics, and the relevant international and
      regional organizations operating within the framework of the
      International Plant Protection Convention, without requiring Members
      to change their appropriate level of protection of human, animal or
      plant life or health;

      Recognizing that developing country Members may encounter special
      difficulties in complying with the sanitary or phytosanitary measures
      of importing Members, and as a consequence, in access to markets, and
      also in the formulation and application of sanitary or phytosanitary
      measures in their own territories, and desiring to assist them in
      their endeavours in this regard;
      Desiring therefore to elaborate rules for the application of the
      provisions of the GATT 1994 which relate to the use of sanitary or
      phytosanitary measures, in particular the provisions of Article
      XX(b)[1];

Agree as follows:

1.    This Agreement applies to all sanitary and phytosanitary measures
which may, directly or indirectly, affect international trade.  Such
measures shall be developed and applied in accordance with the provisions of
this Agreement.

2.    For the purposes of this Agreement, the definitions provided in Annex
A shall apply.

3.    The annexes are an integral part of this Agreement.

4.    Nothing in this Agreement shall affect the rights of Members under the
Agreement on Technical Barriers to Trade with respect to measures not within
the scope of this Agreement.

Basic Rights and Obligations

5.    Members have the right to take sanitary and phytosanitary measures
necessary for the protection of human, animal or plant life or health,
provided that such measures are not inconsistent with the provisions of this
Agreement.

6.    Members shall ensure that any sanitary or phytosanitary measure is
applied only to the extent necessary to protect human, animal or plant life
or health, is based on scientific principles and is not maintained without
sufficient scientific evidence, except as provided for in paragraph 22.

7.    Members shall ensure that their sanitary and phytosanitary measures do
not arbitrarily or unjustifiably discriminate between Members where
identical or similar conditions prevail, including between their own
territory and other Members.  Sanitary and phytosanitary measures shall not
be applied in a manner which would constitute a disguised restriction on
international trade.

8.    Sanitary or phytosanitary measures which conform to the relevant
provisions of this Agreement shall be presumed to be in accordance with the
obligations of the Members under the provisions of the GATT 1994 which
relate to the use of sanitary or phytosanitary measures, in particular the
provisions of Article XX(b).

Harmonization

9.    To harmonize sanitary and phytosanitary measures on as wide a basis as
possible, Members shall base their sanitary or phytosanitary measures on
international standards, guidelines or recommendations, where they exist,
except as otherwise provided for in this Agreement, and in particular in
paragraph 11.

10.   Sanitary or phytosanitary measures which conform to international
standards, guidelines or recommendations shall be deemed to be necessary to
protect human, animal or plant life or health, and presumed to be consistent
with the relevant provisions of this Agreement and of the GATT 1994.

11.   Members may introduce or maintain sanitary or phytosanitary measures
which result in a higher level of sanitary or phytosanitary protection than
would be achieved by measures based on the relevant international standards,
guidelines or recommendations, if there is a scientific justification, or as
a consequence of the level of protection a Member determines to be
appropriate in accordance with the relevant provisions of paragraphs 16
through 23.[2]  Notwithstanding the above, all measures which result in a
level of sanitary or phytosanitary protection different from that which
would be achieved by measures based on international standards, guidelines
or recommendations shall not be inconsistent with any other provision of
this Agreement.

12.   Members shall play a full part within the limits of their resources in
the relevant international organizations and their subsidiary bodies, in
particular the Codex Alimentarius Commission, the International Office of
Epizootics, and in the international and regional organizations operating
within the framework of the International Plant Protection Convention, to
promote within these organizations the development and periodic review of
standards, guidelines and recommendations with respect to all aspects of
sanitary and phytosanitary measures.

13.   The Committee on Sanitary and Phytosanitary Measures, as provided for
in paragraphs 38 and 41, shall develop a procedure to monitor the process of
international harmonization and coordinate efforts in this regard with the
relevant international organizations.

Equivalence

14.   Members shall accept the sanitary or phytosanitary measures of other
Members as equivalent, even if these measures differ from their own or from
those used by other Members trading in the same product, if the exporting
Member objectively demonstrates to the importing Member that its measures
achieve the importing Member's appropriate level of sanitary or
phytosanitary protection.  For this purpose, reasonable access shall be
given, upon request, to the importing  Member for inspection, testing and
other relevant procedures.

15.   Members shall, upon request, enter into consultations with the aim of
achieving bilateral and multilateral agreements on recognition of the
equivalence of specified sanitary or phytosanitary measures.
Assessment of Risk and Determination of the Appropriate Level of Sanitary or
Phytosanitary Protection

16.   Members shall ensure that their sanitary or phytosanitary measures are
based on an assessment, as appropriate to the circumstances, of the risks to
human, animal or plant life or health, taking into account risk assessment
techniques developed by the relevant international organizations.

17.   In the assessment of risks, Members shall take into account available
scientific evidence;  relevant processes and production methods;  relevant
inspection, sampling and testing methods;  prevalence of specific diseases
or pests; existence of pest-or disease-free areas; relevant ecological and
environmental conditions; and quarantine or other treatment.

18.   In assessing the risk to animal or plant life or health and
determining the measure to be applied for achieving the appropriate level of
sanitary or phytosanitary protection from such risk, Members shall take into
account as relevant economic factors:  the potential damage in terms of loss
of production or sales in the event of the entry, establishment or spread of
a pest or disease;  the costs of control or eradication in the territory of
the importing Member;  and the relative cost effectiveness of alternative
approaches to limiting risks.

19.   Members should, when determining the appropriate level of sanitary or
phytosanitary protection, take into account the objective of minimizing
negative trade effects.

20.   With the objective of achieving consistency in the application of the
concept of appropriate level of sanitary and phytosanitary protection
against risks to human life or health, or to animal and plant life or
health, each Member shall avoid arbitrary or unjustifiable distinctions in
the levels it considers to be appropriate in different situations, if such
distinctions result in discrimination or a disguised restriction on
international trade.  Members shall co-operate in the Committee on Sanitary
and Phytosanitary Measures in accordance with paragraphs 38, 39 and 40 of
this Agreement to develop guidelines to further the practical implementation
of this provision.  In developing the guidelines the Committee shall take
into account all relevant factors, including the exceptional character of
human health risks to which people voluntarily expose themselves.

21.   Without prejudice to paragraph 10, when establishing or maintaining
sanitary or phytosanitary measures to achieve the appropriate level of
sanitary or phytosanitary protection, Members shall ensure that such
measures are not more trade restrictive than required to achieve their
appropriate level of protection, taking into account technical and economic
feasibility.[3]

22.   In cases where relevant scientific evidence is insufficient, a  Member
may provisionally adopt sanitary or phytosanitary measures on the basis of
available pertinent information, including that from the relevant
international organizations as well as from sanitary or phytosanitary
measures applied by other Members.  In such circumstances, Members shall
seek to obtain the additional information necessary for a more objective
assessment of risk and review the sanitary or phytosanitary measure
accordingly within a reasonable period of time.

23.   When a Member has reason to believe that a specific sanitary or
phytosanitary measure introduced or maintained by another Member is
constraining, or has the potential to constrain, its exports and the measure
is not based on the relevant international standards, guidelines or
recommendations, or such standards, guidelines or recommendations do not
exist, an explanation of the reasons for such sanitary or phytosanitary
measure may be requested and shall be provided by the Member maintaining the
measure.

Adaptation to Regional Conditions, including Pest- or Disease-Free Areas and
Areas of Low Pest or Disease Prevalence

24.   Members shall ensure that their sanitary or phytosanitary measures are
adapted to the sanitary or phytosanitary characteristics of the area -
whether a country, part of a country, or areas of several countries -from
which the product originated and to which the product is destined.  In
assessing the sanitary or phytosanitary characteristics of a region, Members
shall take into account, inter alia, the level of prevalence of specific
diseases or pests, the existence of eradication or control programmes, and
appropriate criteria or guidelines which may be developed by the relevant
international organizations.
25.   Members shall, in particular, recognize the concepts of pest- or
disease-free areas and areas of low pest or disease prevalence.
Determination of such areas shall be based on factors such as geography,
ecosystems, epidemiological surveillance, and the effectiveness of sanitary
or phytosanitary controls.

26.   Exporting Members claiming that areas within their territories are
pest- or disease-free or areas of low pest or disease prevalence shall
provide the necessary evidence thereof in order to objectively demonstrate
to the importing Member that such areas are, and are likely to remain, pest-
or disease-free or areas of low pest or disease prevalence, respectively.
For this purpose, reasonable access shall be given, upon request, to the
importing Member for inspection, testing and other relevant procedures.

Transparency

27.   Members shall notify changes in their sanitary or phytosanitary
measures and shall provide information on their sanitary or phytosanitary
measures in accordance with the provisions of Annex B.

Control, Inspection and Approval Procedures

28.   Members shall observe the provisions of Annex C in the operation of
control, inspection and approval procedures, including national systems for
approving the use of additives or for establishing tolerances for
contaminants in foods, beverages or feedstuffs, and otherwise ensure that
their procedures are not inconsistent with the provisions of this Agreement.

Technical Assistance

29.    Members agree to facilitate the provision of technical assistance to
other Members, especially developing country Members, either bilaterally or
through the appropriate international organizations.  Such assistance may
be, inter alia, in the areas of processing technologies, research and
infrastructure, including in the establishment of national regulatory
bodies, and may take the form of advice, credits, donations and grants,
including for the purpose of seeking technical expertise, training and
equipment to allow such countries to adjust to, and comply with, sanitary or
phytosanitary measures necessary to achieve the appropriate level of
sanitary or phytosanitary protection in their export markets.

30.   Where substantial investments are required in order for an exporting
developing country Member to fulfil the sanitary or phytosanitary
requirements of an importing Member, the latter shall consider providing
such technical assistance as will permit the developing country Member to
maintain and expand its market access opportunities for the product
involved.

Special and Differential Treatment

31.   In the preparation and application of sanitary or phytosanitary
measures, Members shall take account of the special needs of developing
country Members, and in particular of the least-developed ones.

32.   Where the appropriate level of sanitary or phytosanitary protection
allows scope for the phased introduction of new sanitary or phytosanitary
measures, longer time-frames for compliance should be accorded on products
of interest to developing country Members so as to maintain opportunities
for their exports.

33.   With a view to ensuring that developing country Members are able to
comply with the provisions of this Agreement, the Committee on Sanitary and
Phytosanitary Measures, provided for below, is enabled to grant to such
countries, upon request, specified, time-limited exceptions in whole or in
part from obligations under this Agreement, taking into account their
financial, trade and development needs.

34.    Members should encourage and facilitate the active participation of
developing country Members in the relevant international organizations.

Consultations and Dispute Settlement

35.   The provisions of Articles XXII and XXIII of the GATT 1994 as
elaborated and applied by the MTO Understanding on Rules and Procedures
Governing the Settlement of Disputes shall apply to consultations and the
settlement of disputes under this Agreement, except as otherwise
specifically provided herein.

36.   In a dispute under this Agreement involving scientific or technical
issues, a panel should seek advice from experts chosen by the panel in
consultation with the parties to the dispute.  To this end, the panel may,
when it deems it appropriate, establish an advisory technical experts group,
or consult the relevant international organizations, at the request of
either party to the dispute or on its own initiative.

37.   Nothing in this Agreement shall impair the rights of Members under
other international agreements, including the rights to resort to the good
offices or dispute settlement mechanisms of other international
organizations or established under any international agreement.

Administration

38.   A Committee on Sanitary and Phytosanitary Measures shall be
established to provide a regular forum for consultations.  It shall carry
out the functions necessary to implement the provisions of this Agreement
and the furtherance of its objectives, in particular with respect to
harmonization.  The Committee shall reach its decisions by consensus.

39.   The Committee shall encourage and facilitate ad hoc consultations or
negotiations among its Members on specific sanitary or phytosanitary issues.
The Committee shall encourage the use of international standards, guidelines
or recommendations by all Members and, in this regard, shall sponsor
technical consultation and study with the objective of increasing
coordination and integration between international and national systems and
approaches for approving the use of food additives or for establishing
tolerances for contaminants in foods, beverages and feedstuffs.

40.   The Committee shall maintain close contact with the relevant
international organizations in the field of sanitary and phytosanitary
protection, especially with the Codex Alimentarius Commission, the
International Office of Epizootics, and the Secretariat of the International
Plant Protection Convention, with the objective of securing the best
available scientific and technical advice for the administration of this
Agreement and in order to ensure that unnecessary duplication of effort is
avoided.

41.   The Committee shall develop a procedure to monitor the process of
international harmonization and the use of international standards,
guidelines or recommendations.  For this purpose, the Committee should, in
conjunction with the relevant international organizations, establish a list
of international standards, guidelines or recommendations relating to
sanitary or phytosanitary measures which the Committee determines to have a
major trade impact.  The list should include an indication by Members of
those international standards, guidelines or recommendations which they
apply as conditions for import or on the basis of which imported products
conforming to these standards can enjoy access to their markets.  For those
cases in which a Member does not apply an international standard, guideline
or recommendation as a condition for import, the Member should provide an
indication of the reason thereof, and, in particular, if it considers that
the standard is not stringent enough to provide the appropriate level of
sanitary or phytosanitary protection.  If a Member revises its position,
following its indication of the use of a standard, guideline or
recommendation as a condition for import, it should provide an explanation
for its change and so inform the MTO Secretariat as well as the relevant
international organizations, unless such notification and explanation is
given according to the procedures of Annex B.

42.   In order to avoid unnecessary duplication, the Committee may decide,
as appropriate, to use the information generated by the procedures,
particularly for notification, which are in operation in the relevant
international organizations.

43.   The Committee may, on the basis of an initiative from one of the
Members, through appropriate channels invite the relevant international
organizations or their subsidiary bodies to examine specific matters with
respect to a particular standard, guideline or recommendation, including the
basis of explanations for non-use given according to paragraph 41 above.

44.   The Committee shall review the operation and implementation of this
Agreement three years after entry into force of the Agreement Establishing
the MTO, and thereafter as the need arises. Where appropriate, the Committee
may submit to the Council for Trade in Goods proposals to amend the text of
this Agreement having regard, inter alia, to the experience gained in its
implementation.

Implementation

45.    Members are fully responsible under this Agreement for the observance
of all obligations set forth herein.  Members shall formulate and implement
positive measures and mechanisms in support of the observance of the
provisions of this Agreement by other than central government bodies.
Members shall take such reasonable measures as may be available to them to
ensure that non-governmental entities within their territories, as well as
regional bodies in which relevant entities within their territories are
Members, comply with the relevant provisions of this Agreement.  In
addition, Members shall not take measures which have the effect of, directly
or indirectly, requiring or encouraging such regional or non-governmental
entities, or local governmental bodies, to act in a manner inconsistent with
the provisions of this Agreement.  Members shall ensure that they rely on
the services of non-governmental entities for implementing sanitary or
phytosanitary measures only if these entities comply with the provisions of
this Agreement.

Final Provisions

46.   The least developed country Members may delay application of the
provisions of this Agreement for a period of 5 years following the date of
entry into force of the MTO  with respect to their sanitary or phytosanitary
measures affecting importation or imported products. Other developing
country Members may delay application of the provisions of this Agreement,
other than paragraphs 23 and 27, for 2 years following the date of entry
into force of the Agreement establishing the MTO with respect to their
existing sanitary or phytosanitary measures affecting importation or
imported products where such application is prevented by a lack of technical
expertise, technical infrastructure or resources.

                                 ANNEX A

                             DEFINITIONS[4]


      For the purposes of this Agreement, the following definitions shall
apply:

1.    Sanitary or phytosanitary measure - Any measure applied:

      -    to protect animal or plant life or health within the territory of
           the Member from risks arising from the entry, establishment or
           spread of pests, diseases, disease-carrying organisms or
           disease-causing organisms;

      -    to protect human or animal life or health within the territory of
           the Member from risks arising from additives, contaminants,
           toxins or disease-causing organisms in foods, beverages or
           feedstuffs;

      -    to protect human life or health within the territory of the
           Member from risks arising from diseases carried by animals,
           plants or products thereof, or from the entry, establishment or
           spread of pests;  or

      -    to prevent or limit other damage within the territory of the
           Member from the entry, establishment or spread of pests.

Sanitary or phytosanitary measures include all relevant laws, decrees,
regulations, requirements and procedures including, inter alia, end product
criteria;  processes and production methods;  testing, inspection,
certification and approval procedures;  quarantine treatments including
relevant requirements associated with the transport of animals or plants, or
with the materials necessary for their survival during transport; provisions
on relevant statistical methods, sampling procedures and methods of risk
assessment; and packaging and labelling requirements directly related to
food safety.

2.    Harmonization - The establishment, recognition and application of
common sanitary and phytosanitary measures by different Members.

3.    International standards, guidelines and recommendations

      -    for food safety, the standards, guidelines and recommendations
           established by the Codex Alimentarius Commission relating to food
           additives, veterinary drug and pesticide residues, contaminants,
           methods of analysis and sampling, and codes and guidelines of
           hygienic practice;

      -    for animal health and zoonoses, the standards, guidelines and
           recommendations developed under the auspices of the International
           Office of Epizootics;

      -    for plant health, the international standards, guidelines and
           recommendations developed under the auspices of the Secretariat
           of the International Plant Protection Convention in co-operation
           with regional organizations operating within the framework of the
           International Plant Protection Convention;  and


      -    for matters not covered by the above organizations, appropriate
           standards, guidelines and recommendations promulgated by other
           relevant international organizations open for Membership to all
           Members, as identified by the Committee on Sanitary and
           Phytosanitary Measures.

4.    Risk assessment - The evaluation of the likelihood of entry,
establishment or spread of a pest or disease within the territory of an
importing Member according to the sanitary or phytosanitary measures which
might be applied, and of the associated potential biological and economic
consequences; or the evaluation of the potential for adverse effects on
human or animal health arising from the presence of additives, contaminants,
toxins or disease-causing organisms in food, feedstuffs and beverages.

5.    Appropriate Level of Sanitary or Phytosanitary Protection - The level
of protection deemed appropriate by the Member establishing a sanitary or
phytosanitary measure to protect human, animal or plant life or health
within its territory.

NOTE:  Many Members otherwise refer to this concept as the "acceptable level
of risk".

6.    Pest- or Disease-Free Area - An area, whether all of a country, part
of a country, or all or parts of several countries, as identified by the
competent authorities, in which a specific pest or disease does not occur.

NOTE:  A pest- or disease-free area may surround, be surrounded by, or be
adjacent to an area - whether within part of a country or in a geographic
region which includes parts of or all of several countries -in which a
specific pest or disease is known to occur but is subject to regional
control measures such as the establishment of protection, surveillance and
buffer zones which will confine or eradicate the pest or disease in
question.

7.    Area of low pest or disease prevalence - An area, whether all of a
country, part of a country, or all or parts of several countries, as
identified by the competent authorities, in which a specific pest or disease
occurs at low levels and which are subject to effective surveillance,
control or eradication measures.


                                ANNEX  B

         TRANSPARENCY OF SANITARY AND PHYTOSANITARY REGULATIONS


1.    Publication of regulations

1.1    Members shall ensure that all sanitary and phytosanitary
regulations[5] which have been adopted are published promptly in such a
manner as to enable interested Members to become acquainted with them.

1.2   Except in urgent circumstances, Members shall allow a reasonable
interval between the publication of a sanitary or phytosanitary regulation
and its entry into force in order to allow time for producers in exporting
Members, and particularly in developing country Members, to adapt their
products and methods of production to the requirements of the importing
Member.

2.    Enquiry points

2.1   Each Member shall ensure that one enquiry point exists which is
responsible for the provision of answers to all reasonable questions from
interested Members as well as for the provision of relevant documents
regarding:

      (a)  any sanitary or phytosanitary regulations adopted or proposed
           within its territory;

      (b)  any control and inspection procedures, production and quarantine
           treatment, pesticide tolerance and food additive approval
           procedures, which are operated within its territory;

      (c)  risk assessment procedures, factors taken into consideration, as
           well as the determination of the appropriate level of sanitary
           and phytosanitary protection;

      (d)  the Membership and participation of the Member, or of relevant
           bodies within its territory, in international and regional
           sanitary and phytosanitary organizations and systems, as well as
           in bilateral and multilateral agreements and arrangements within
           the scope of this Agreement, and the texts of such agreements and
           arrangements.

2.2   Members shall ensure that where copies of documents are requested by
interested Members, they are supplied at the same price (if any), apart from
the cost of delivery, as to the nationals[6] of the Member concerned.

3.    Notification procedures

3.1   Whenever an international standard, guideline or recommendation does
not exist or the content of a proposed sanitary or phytosanitary regulation
is not substantially the same as the content of an international standard,
guideline or recommendation, and if the regulation may have a significant
effect on trade of other Members, Members shall:

      (a)  publish a notice at an early stage in such a manner as to enable
           interested Members to become acquainted with the proposal to
           introduce a particular regulation;

      (b)  notify other Members, through the MTO Secretariat, of the
           products to be covered by the regulation together with a brief
           indication of the objective and rationale of the proposed
           regulation.  Such notifications shall take place at an early
           stage, when amendments can still be introduced and comments taken
           into account;

      (c)  provide upon request to other Members copies of the proposed
           regulation and, whenever possible, identify the parts which in
           substance deviate from international standards, guidelines or
           recommendations;

      (d)  without discrimination, allow reasonable time for other Members
           to make comments in writing, discuss these comments upon request,
           and take the comments and the results of the discussions into
           account.

3.2   However, where urgent problems of health protection arise or threaten
to arise for a Member, that Member may omit such of the steps enumerated in
paragraph 3.1 of this Annex as it finds necessary, provided that the Member:

      (a)  immediately notifies other Members, through the MTO Secretariat,
           of the particular regulation and the products covered, with a
           brief indication of the objective and the rationale of the
           regulation, including the nature of the urgent problem(s);

      (b)  provides upon request to other Members copies of the regulation;

      (c)  allows other Members to make comments in writing, discusses these
           comments upon request, and takes the comments and the results of
           the discussions into account.

3.3   Notifications to the MTO Secretariat shall be in English, French or
Spanish.

3.4   Developed country Members shall, if requested by other Members,
provide copies of the documents or, in case of voluminous documents,
summaries of the documents covered by a specific notification in English,
French or Spanish.

3.5   The MTO Secretariat shall promptly circulate copies of the
notification to all Members and interested international organizations and
draw the attention of developing  country Members to any notifications
relating to products of particular interest to them.

3.6    Members shall designate one single central government authority as
responsible for the implementation, on the national level, of the provisions
concerning notification procedures according to paragraphs 3.1, 3.2, 3.3 and
3.4 of this Annex.

4.    General reservations

4.1   Nothing in this Agreement shall be construed as requiring:

      (a)  the provision of particulars or copies of drafts or the
           publication of texts other than in the language of the  Member
           except as stated in paragraph 3.4 of this Annex;  or

      (b)  Members to disclose confidential information which would impede
           enforcement of sanitary or phytosanitary legislation or which
           would prejudice the legitimate commercial interests of particular
           enterprises.
                                 ANNEX C

             CONTROL, INSPECTION AND APPROVAL PROCEDURES[7]


1.    Members shall ensure, with respect to any procedure to check and
ensure the fulfilment of sanitary or phytosanitary measures, that:

      (a)  such procedures are undertaken and completed without undue delay
           and in no less favourable manner for imported products than for
           like domestic products;

      (b)  the standard processing period of each procedure is published or
           that the anticipated processing period is communicated to the
           applicant upon request;  when receiving an application, the
           competent body promptly examines the completeness of the
           documentation and informs the applicant in a precise and complete
           manner of all deficiencies;  the competent body transmits as soon
           as possible the results of the procedure in a precise and
           complete manner to the applicant so that corrective action may be
           taken if necessary;  even when the application has deficiencies,
           the competent body proceeds as far as practicable with the
           procedure if the applicant so requests;  and that upon request,
           the applicant is informed of the stage of the procedure, with any
           delay being explained;

      (c)  information requirements are limited to what is necessary for
           appropriate control, inspection and approval procedures,
           including for approval of the use of additives or for the
           establishment of tolerances;

      (d)  the confidentiality of information about imported products
           arising from or supplied in connection with control, inspection
           and approval is respected in a way no less favourable than for
           domestic products and in such a manner that legitimate commercial
           interests are protected;

      (e)  any requirements for control, inspection and approval of
           individual specimens of a product are limited to what is
           reasonable and necessary;

      (f)  any fees imposed for the procedures on imported products are
           equitable in relation to any fees charged on like domestic
           products or products originating in any other Member and should
           be no higher than the actual cost of the service;

      (g)  the same criteria should be used in the siting of facilities used
           in the procedures and the selection of samples of imported
           products as for domestic products so as to minimize the
           inconvenience to applicants, importers, exporters or their
           agents;

      (h)  whenever specifications of a product are changed subsequent to
           its control and inspection in light of the applicable
           regulations, the procedure for the modified product is limited to
           what is necessary to determine whether adequate confidence exists
           that the product still meets the regulations concerned;  and

      (i)  a procedure exists to review complaints concerning the operation
           of such procedures and to take corrective action when a complaint
           is justified.


Where an importing Member operates a system for the approval of the use of
food additives or for the establishment of tolerances for contaminants in
food, feedstuffs or beverages which prohibits or restricts access to its
domestic markets for products based on the absence of an approval, the
importing Member shall consider the use of a relevant international standard
as the basis for access until a final determination is made.

2.    Where a sanitary or phytosanitary measure specifies control at the
level of production, the Member in whose territory the production takes
place shall provide the necessary assistance to facilitate such control and
the work of the controlling authorities.

3.    Nothing in this Agreement shall prevent Members from carrying out
reasonable inspection within their own territories.

1. In this Agreement, reference to Article XX(b) includes also the chapeau
of that Article.

2. For the purposes of paragraph 11, there is a scientific justification if,
on the basis of an examination and evaluation of available scientific
information in conformity with the relevant provisions of this Agreement, a
Member determines that the relevant international standards, guidelines or
recommendations are not sufficient to achieve its appropriate level of
protection.


3. For purposes of paragraph 21, a measure is not more trade restrictive
than required unless there is another measure, reasonably available taking
into account technical and economic feasibility, that achieves the
appropriate level of protection and is significantly less restrictive to
trade.

4. For the purpose of these definitions "animal" includes fish and wild
fauna;  "plant" includes forests and wild flora;  "pests" include weeds;
and "contaminants" include pesticide and veterinary drug residues and
extraneous matter.

5. Sanitary and phytosanitary measures such as laws, decrees or ordinances
which are applicable generally.

6. When "nationals" are referred to in this Agreement, they shall be deemed,
in the case of a separate customs territory Member of the MTO, to mean
persons, natural or legal, who are domiciled or who have a real and
effective commercial establishment in that customs territory.

7. Control, inspection and approval procedures include, inter alia,
procedures for sampling, testing and certification.