FTAA - Free Trade Area of the Americas
Draft Agreement
Chapter on Agriculture
(Continuation)
[SECTION FIVE: SANITARY AND PHYTOSANITARY MEASURES]
[Article 16: General Provisions, Rights and Obligations of the Parties]
[Article 16: Definitions
16.1. This Section applies to sanitary and phytosanitary measures as defined in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, with any
subsequent changes agreed in the WTO to be automatically effective for this Agreement.]
[16.1. [This Section] [Chapter] applies to products that [ fall ] [are included]
[within the
scope] of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures
[ (WTO SPS Agreement) ] [according to what is established under
such Agreement] [and according to the General Provisions established under its Article 1 and according to the Rights and Obligations established under its Article
2. The definitions established in the Zoosanitary Codex of the International Office of Epizootics, the International Plant Protection Convention and the Codex Alimentarius
Commission also apply to this [Section.]] [chapter, as do decisions established by subregional organizations of which the Parties are members, when
the Parties have agreed to their use.]]
[16.1.1. This Chapter shall not entail greater obligations or commitments than those deriving from the WTO SPS Agreement]
[16.1. Parties [agree to] reaffirm their rights and obligations under the World Trade Organization (WTO) Agreement on the Application of Sanitary
and Phytosanitary Measures.]
[16.2. [The Parties agree on the provisions of this Section to ensure the consistency of the application of sanitary and phytosanitary measures for
trade between the Parties] [ In accordance] with the Parties’ rights and obligations
[and principles] under the WTO Agreement on the
Application of Sanitary and Phytosanitary Measures [, the Parties agree to cooperate to
[ further the implementation of ] [ implement in a specific
manner ] the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.
[ In consistency with these objectives, in the application of sanitary and
phytosanitary measures the Parties shall take into consideration the appropriate level that will ensure adequate protection and the technical and economic feasibility of the
Parties.] ]
[16.3. [In consistency with the provisions of this Article,] the Parties [agree]
[commit] to cooperate to facilitate
trade in animals, plants, products and byproducts thereof [and food] and [other goods related to trade therein, to address food safety matters] and
to strengthen the [modalities necessary to prevent the introduction or avoid the spread of plant pests or
[of human (food safety) or ] animal diseases in
their respective territories.]] [respective operational structures for security, tax revenue collection, and epidemiological inspection and control
]]
[16.4. Where [In] identical or similar conditions exist, a sanitary or phytosanitary measure shall not arbitrarily or unjustifiably discriminate
between its goods and like goods of another Party, or between goods of another Party and like goods of a non-Party country.
]
[16.2. The parties agree to strengthen their collaboration on matters within the purview of the WTO SPS Committee and strengthen their collaboration in the
development of international standards, guidelines or recommendations in the Codex Alimentarius Commission, the international Plant Protection Convention and the International
Office of Epizootics.]
[16.3 the parties also agree to undertake activities , such as, inter
alia:
i) the exchange of information on new research data;
ii) the exchange of information on the development and use of risk assessment processes; and]
iii) the coordination of technical assistance. ]
[ Article 17: Implementation of the WTO Agreement on the Application of SPS Measures in the FTAA]
[17.1 The results of revisions to the Agreement on the Application of Sanitary and Phytosanitary Measures adopted by the World Trade Organization shall be
incorporated in this Section.]
[17.1. In accordance with the provisions of this Article, and based on the definitions contained in Annex A of the WTO Agreement on the Application of Sanitary
and Phytosanitary Measures, the following [guidelines] [procedures] [principles
] should be used for the purpose of this Section: ]
[a) International Standards ] [Article _: Harmonization]
[a.1. Parties shall apply to trade among them the international standards recommended by the relevant international bodies and their subsidiaries,]
[
in particular the codex alimentarius commission, the international office of epizootics, and international and regional organizations that operate under the framework of the
international plant protection convention and] [in particular the organizations mentioned under Article 18.1.
]
[a.2 Where a Party considers that an international standard referred to in the previous paragraph is not sufficient to ensure the appropriate level of sanitary
and phytosanitary protection it requires, or that no such standard exists, the Party shall notify the other Parties of this and engage in consultations with interested Parties
to define and adopt the necessary standard for application in trade among them.
]
[b) Harmonization]
[b.1. [Parties agree that the concept of harmonization shall be the same as that in Article 3 of the WTO Agreement on the Application of Sanitary and
Phytosanitary Measures and in item 2 of Annex A thereto.] Parties shall, whenever possible, seek to coordinate positions at the fora where international sanitary and
phytosanitary standards, guidelines and recommendations are prepared.]
[b.2. The Parties agree to establish [, whenever possible,] harmonized sanitary and phytosanitary systems for sampling and diagnostic methods,
inspection and certification of animals, plants, products and by-products thereof, as well as for food safety.]
[b.3. International standards and harmonization]
[To expedite the application of sanitary and phytosanitary measures and procedures in the territories of the Parties and, thereby, to facilitate trade flows, the
procedures shall fall within the framework of the following principles:
a) each Party shall use international or subregional standards, guidelines or recommendations for its sanitary or phytosanitary measures, in order to harmonize them
and make them compatible with those of the other Party.]
b) without prejudice to the provisions in letter a), each Party shall adopt, apply, establish or
maintain a sanitary or phytosanitary measure that will provide a degree of protection different from that which would be attained through a measure based on an international OR
SUBREGIONAL standard, guideline or recommendation, or that is stricter than they are, as long as there is scientific justification for doing so.]
c) the
Parties agree to establish harmonized [systems] [services] of measures and procedures in the sanitary and phytosanitary field of methods for
sampling, diagnosis, inspection and certification of animals, plants, their products and byproducts, as well as food safety.
]
[c) Equivalence]
[c.1. The Parties agree on [the general provisions and procedures for the application]
[apply the criteria] of the equivalence
according to the provisions of Article 4 of the SPS WTO Agreement.]
[c.2. Parties shall establish bilateral or [sub-regional] agreements, or agreements among
[all] the Parties, in order to determine
the equivalence criteria that will ensure an adequate level of sanitary or phytosanitary protection.
]
[c.3. Equivalence agreements between Parties shall be established in accordance with the standards approved by the competent international
[or
subregional] organizations. [Where these organizations do not exist, standards agreed to in the region may be used.]]
[c.3. In any case, the methods to determine the conditions for equivalence shall give more emphasis to inspection procedures,, to the sanitary and
phytosanitary condition in the area from where the product originates, and shall consider the conditions according to the level of development and size of the economies.]
[c.4. The Parties agree that the general objective of equivalence agreements shall be to facilitate trade in products subject to sanitary and phytosanitary
measures between the signatory countries by simplifying physical control procedures for the entry of such agricultural and agrifood products and promoting increased mutual trust
between the respective competent national authorities.]
[c.4. The Parties agree that the general objective of equivalence agreements shall be to facilitate trade, promoting increased mutual trust between the
national authorities who signed such agreements, and that the specific objective shall be to eliminate physical controls that are in place to verify that products that come into
the territory of the importing Party fulfill the requirements of the importing Party.]
[c.5. The specific objective of the equivalence agreements shall
be to simplify physical control procedures for the entry of the products which are the object of this chapter, in order to verify that products entering the importing country’s
territory meet the sanitary and phytosanitary requirements established by the importing country.]
[c.6. The equivalence shall apply to [normative rules] and sanitary and phytosanitary measures for
[trade in] [ sectors or
sub sectors of live] animals, plants, products and byproducts thereof, or other
[related ] goods [related to trade therein], as well as any
inspection, recognition, control, testing [approval] and certification [systems]
[services], or part thereof, or anything related to
specific rules on inspection, hygiene, or food safety requirements. [To establish equivalence, it shall also be taken into account the size of the economies and level of
development of the Parties.]]
[c.7. The Parties shall hold further consultations in order to determine the provisions that enable
[the demonstration and recognition] [broaden
the knowledge of] of the equivalence of sanitary and phytosanitary measures in the sectors or parts thereof not incorporated into their respective bilateral agreements.
]
[c.7.1. Equivalence]
[to expedite the application of sanitary and phytosanitary measures and procedures in the territories of the parties and, thereby, to facilitate trade flows, the
sanitary and phytosanitary control, inspection and approval procedures shall fall within the framework of the following principles:
i) without reducing the level of appropriate protection of animal and human life and health (food safety) and to preserve plant health in their territories, the
parties shall, accept, insofar as possible, the equivalence of their respective sanitary and phytosanitary measures;
ii) each party shall accept the sanitary and
phytosanitary measures of the other party as equivalent, even when they differ from its own, when it demonstrates through scientific information and risk assessment methods
based on international or subregional standards, guidelines or recommendations agreed to by them, that the measures achieve an adequate level of the protection required;
iii) to recognize the equivalence of their sanitary and phytosanitary measures, the parties shall facilitate access to their territories for conducting control, inspection
and approval procedures.]
[c.7.1. When equivalence agreements and consultations are entered into by Parties, it should be borne in mind that:]
[ i) the determination of equivalence should be understood as a process through which it is objectively demonstrated that the exporting Party’s sanitary and
phytosanitary measures achieve the importing Party’s appropriate level of sanitary or phytosanitary protection.]
[ ii) The measure whose equivalence is
being considered for recognition, shall be determined, based on the objective of the measure, case by case and for a product or group of products, and not for the national
control system as a whole.]
[ iii) Doing an evaluation, including an assessment, based on the circumstances, of the risk or risks it is intended to
prevent and an identification of the level of sanitary or phytosanitary protection that is considered appropriate;]
[
iv) the sanitary and phytosanitary
measures recognized as equivalent in these agreements shall be sufficient to achieve the appropriate level of protection established by the importing country and be based on
scientific evidence.]
[ v) it is incumbent upon the exporting country to demonstrate that its sanitary and phytosanitary measures allow achievement of
the importing country’s appropriate level of protection to the same extent as that achieved by the importing country’s sanitary measures. It is the responsibility of the
importing country to promptly and appropriately provide any necessary information requested by the exporting country.]
[ vi) The final determination of
whether a sanitary or phytosanitary measure applied by the exporting Party achieves the appropriate level of protection required by the importing Party, shall be the sole
responsibility of the importing Party, provided that is based on scientific and technical principles.]
[ (vii) Parties shall implement
[reasonable]
procedures to facilitate the access of tests and other relevant material to their territories for inspection purposes.
]
[c.7.2. With a view to [facilitating the determination of ] [simplifying the mechanisms to determine] equivalence, consideration
should be given to the existence of [a smooth and regular flow of] trade in the products for which the declaration of equivalence is being sought
[; to] [or] the absence of any previous cases of rejection for sanitary or phytosanitary reasons
[; and to the proven experience of the exporting Party’s
inspection and certification systems for these products.]]
[c.7.3. When an equivalence agreement is being negotiated and until equivalence is determined, the Parties shall not, in their mutual trade, apply conditions
for the products referred to in this [Section] [Section] that are more restrictive than those in force, except for those related to sanitary or
phytosanitary emergencies. ]
[c.7.4. In the process of recognizing the equivalence of their sanitary and phytosanitary measures, the Parties shall, through bilateral consultations, deal
with aspects related to the effectiveness of the measure, the impact on trade, and minimizing the cost of applying and adjusting the levels of technology, which shall be
specified in the mutual recognition instruments.]
[d) Assessment of Risk [ and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection
]]
[d.1. The Parties agree to implement the provisions of article 5 of the WTO SPS Agreement and to adopt the criteria and guidelines issued by the relevant
international organizations. [ The Parties agree to set the period established under Article 5.8 of the WTO SPS Agreement according to 30 days.]
[When a Party has reason to believe that a specific sanitary or phytosanitary measure establish or maintained by another Party restrict or may restrict its exports
and that measure is not based on competent international or subregional standards, guidelines or recommendations, or such standards do not exist, it may ask for an explanation
of the reasons for these sanitary and phytosanitary measures and the Parties that maintain these measures must provide an explanation within a period of thirty (30) days
following the date on which the competent authority receives the request.] [ When a Party has reason to believe that a specific sanitary or phytosanitary measure
establish or maintained by another Party restrict or may restrict its exports and that measure is not based on competent international or subregional standards, guidelines or
recommendations, or such standards do not exist, it may ask for an explanation of the reasons for these sanitary and phytosanitary measures and the Parties that maintain these
measures must provide an explanation within a period of thirty (30) days following the date on which the competent authority receives the request.]
[d.2. The Parties [shall harmonize the methodology] [and for that end] [may request regional
[subregional]
agricultural health organizations [, to research centres or consortia dealing with agricultural sanitary issues] to draft harmonized guidelines, principles, and
methodologies for risk assessment [with the objective of promoting the application of common criteria and procedures in the FTAA]
[to conduct risk
assessment studies related to trade among them]]
[d.2.1. In accordance with the guidelines issued by the appropriate international or sub-regional organizations:
a) the Parties shall ensure that their sanitary and phytosanitary measures are based on an appropriate assessment of the circumstances involving the existing risks of
human (food safety) and animal life and health, or to preserve plant health, bearing in mind the guidelines and risk assessment techniques prepared by competent international or
subregional organizations;
b) when establishing their appropriate level of protection, the Parties shall take into account the objective of minimizing adverse effects on trade and, seeking to
achieve consistency in such levels of protection, shall avoid making arbitrary or unjustifiable distinctions that could cause discrimination or result in disguised restriction
to trade between the Parties;
c) a risk analysis conducted by a Party should comply with the period of time previously agreed to by the Parties. If the results of the analysis imply that the
importation will not be accepted, the scientific basis for the decision should be provided in writing.]
[d.3. Whenever risk assessment is necessary] [the results of risk assessment studies]
[to grant a product market access, [it
should be carried out] [shall be communicated by the Party conducting the studies to the Party concerned] within a time period no longer than X calendar
months [ for the countries with small economies and x2 calendar months for the remaining countries] from the date of the request from the requesting party. The
information pertinent to the assessment, including requests for clarification or supplementary information, shall be gathered, processed and analyzed within that time.
]
[d.4. Once the time period stipulated has expired without the importing Party having completed the risk
assessment, or if
[it is the understanding of]
the exporting Party [ demonstrates that it has scientific justification that there is no risk involved for the importing party, and the importing party does not allow the
imports in question ] that the risk assessment was not conducted properly, the said exporting Party may take recourse to the FTAA5
forum competent in the subject area, [without prejudice to recourse to the body mentioned in point IV.8] with a view to having the restriction imposed on the
affected product lifted. ]
[d.5. Where a Party decides to conduct a new risk assessment of a product for which
[there exists a smooth and regular] trade [exists,
] that Party may not interrupt the trade in the affected products, except in the case of a sanitary or phytosanitary emergency situation.]
[d.6. In cases of sanitary or phytosanitary protection emergencies, it shall be the responsibility of the importing party, at the request of any of the other
[members,] [Parties] to immediately present scientific justification for the measure adopted. The importing party shall also be responsible for
promptly adapting the measure to the results of the risk analysis conducted.]
[d.6. when assessing the risk for a good, and when establishing their level of appropriate protection, the parties shall take into account, inter alia, the
following factors:
i) the scientific and technical information available;
ii) the existence of pests or diseases and the recognition of pest- and
disease-free areas and areas of low pest and disease prevalence;
iii) the epidemiology of pests and diseases of quarantine importance;
iv) an analysis of
critical points of control for sanitary (food security) and phytosanitary aspects;
v) food additives and physical, chemical and biological contaminants;
vi)
pertinent ecological and environmental conditions;
vii) production processes and methods, and inspection, sampling and testing methods;
viii) the
structure and organization of sanitary and phytosanitary services;
ix)
protection procedures, epidemiological surveillance, diagnoses and treatments to ensure food
safety;
x) production or sales losses in the event of a pest or disease entering, taking root, propagating or spreading;
xi) quarantine measures and
applicable treatments to satisfy the importing party in relation to risk mitigation; and
xii) pest or disease control or eradication costs in the territory of the
importing party and the cost-effectiveness ratio of other possible risk reduction methods.
]
[ d.7. when countries with small economies conduct a risk assessment and conclude that the scientific information is insufficient, they may adopt a provisional
sanitary or phytosanitary measure based on the information available and including that from the competent international or subregional organizations and the sanitary and
phytosanitary measures of the other party. once the necessary information is available, the party shall conclude the assessment and, when appropriate, modify the sanitary or
phytosanitary measure. ]
[d.8. when a party is able to attain an appropriate level of protection through the gradual application of a sanitary or phytosanitary measure, it may, at the
request of the other party and in conformity with this chapter, allow such gradual application or grant specific exceptions to the measure during established periods, taking
into account the export interests of the requesting party.]
[ e) Adaptation to Regional Conditions , Including Pest- or Disease-Free Areas of Low Pest or
Disease Prevalence ]
[e.1. The Parties agree that the provisions of [Article 6] of the SPS Agreement promote and generate new opportunities for trade in animals,
plants, products and byproducts thereof, and create greater incentives for exporting Members to control or eradicate pests and diseases, and to protect the integrity of
production areas. Such provisions also protect Member States from the spread of pests and diseases that could prove harmful to human beings, animals and plants.]
[e.2. The Parties shall harmonize the criteria and procedures they use to recognize pest- or disease-free areas and areas of low pest or disease prevalence.
The Party from whom such recognition has been requested shall announce its decision no later than
[x] calendar months from the date of the request by the affected
Party [ for countries with small economies and no later that x2 calendar months for the other FTAA countries
[for countries with small economies and [X]
for the other FTAA Parties. ] ]
[e.3. The Parties shall [ [accept] [ recognize] automatically] [ will request
] [among each
other ] the pest- or disease-free areas and areas of low pest or disease prevalence recognized by the relevant international
[or regional guidelines and
recommendations ] organizations in particular the Codex Alimentarius Commission, the International Office of Epizootics, and the international and regional organizations
operating within the framework of the International Plant Protection Convention
] ]
[e.3. The Parties shall recognize pest- or disease-free areas and areas of low pest or disease prevalence, in accordance with international or regional
guidelines and recommendations, considering, among other key factors, geographical situation, ecosystems, epidemiological surveillance and the effectiveness of sanitary or
phytosanitary controls in the area.]
[ e.4. Where a Party considers that it has a special sanitary or phytosanitary situation with respect to a specific disease, it may apply for recognition of
that situation. The importing Member may also request additional guarantees for the importation of animals, plants, products and by-products thereof or other goods related to
trade therein, in the light of the recognition of the special situation. ]
[e.4. The Party that declares an area in its territory free from a specific pest or disease should objectively demonstrate to the importing party that it is so
and guarantee that it will remain so, based on the protection measures adopted by those responsible for sanitary or phytosanitary services.]
[e.4.1. The Party interested in obtaining recognition that an area is free from some pest or disease should request another Party to grant such recognition and
should provide it with all the relevant scientific and technical information.]
[e.4.2. the party requested to grant such recognition shall issue a statement within a period of time previously agreed to with the other party and may verify
inspection, testing and other procedures. if it denies recognition, it shall provide technical grounds for its decision in writing.]
[e.5. No Party shall prevent access to its territory of a product from an area/region in an exporting Party that is a specific pest- or disease-free
area/region or where the prevalence of the pest or disease is low, even though the country as a whole has not been declared country-free from the pest or disease or with low
prevalence thereof. In the case of an area/region with low prevalence of a specific pest or disease, the area/region should be subject to effective surveillance measures and
efforts to combat or eradicate the pest or disease.]
[e.6. Parties further agree:]
[i) To hold [ongoing] consultations for the purpose of specifying in greater detail implementation of article 6 of the WTO/SPS Agreement with
respect to the consideration of conditions in the regions of origin and destination of agricultural products.]
[ii) To draft [regionalization approval procedures, based on [Annex C] of the WTO/SPS Agreement, in order to avoid discriminatory
treatment and] [faster] administrative procedures [related to the evaluation of the information necessary for an application for
[necessary
for analysis and recognition of] regionalization.]
[iii) [To improve] [To establish] notification [and dissemination] procedures,
[for the purpose of making
more transparent the status of] pending applications for regionalization and any situations in which regionalization has resulted in liberalized market access.
[Transparency
in regionalization procedures will enable the Parties to monitor the applications and findings of other Parties, expediting the processing thereof and avoiding discriminatory
treatment.]
[iv) To avoid arbitrary or unjustifiable discrimination among different Parties whenever identical or similar conditions prevail.]
[During the
process of analysing the requests for recognition of free areas of various pests where identical or similar conditions exist, arbitrary or unjustifiable discrimination should be
avoided.]
[v) To grant standards-setting organizations in the [Hemisphere[/subregional]]
[subregion] a greater role in order
to facilitate the exchange of information for the study and approval of applications for regionalization
[at the national level.]]
[e.7. The Parties shall enter into agreements on specific requirements whose fulfillment will allow a good produced in an area of low pest or disease
prevalence to be imported if the appropriate protection level is achieved.]
[f) Transparency ]
[ f.1. In relation to notification of proposed sanitary or phytosanitary regulations, in accordance with the provisions in Annex B to the WTO-SPS Agreement,
the Parties agree to ensure transparency and the consistency of their sanitary and phytosanitary measures with international regulations.]
[ f.2. The Parties undertake to supply, at the request of an interested Party, complete and precise information on sanitary and phytosanitary measures, for the
purposes of evaluating compliance with the commitments set out in this Chapter.]
[f.3. FTAA member countries agree to identify competent national authorities in the fields of animal health, plant health and food safety.]
[f.4. The Parties shall use [notification and information centers] [focal points of contact] established in the SPS Agreement as
channels of communication. [When dealing with ] [In the adoption of] emergency measures, the Parties agree to
[notify each other in writing
immediately, briefly indicating the objective and justification for the measure, as well as the nature of the problem.]
[disseminate immediately through focal
points of contact]
[f.5. The Parties shall make sure that there is an information center that can respond to reasonable requests from the other Party, and shall provide the
relevant documentation, in accordance with the principles established in paragraph 3 of Annex B of the
WTO/SPS Agreement.]
[f.6. Additionally, each Party, when proposing the adoption or modification of a generally applied sanitary or phytosanitary measure shall notify the
following, [through its competent authorities:]
[ i) when changes or modifications of sanitary or phytosanitary have a significant affect on trade between the Parties, at least sixty (60) days before the new
provision enters into force in order to allow the other Party to make observations. Emergency situations shall be exempt from the deadline mentioned above.]
[ ii) Changes that occur in the area of animal health, such as the appearance of exotic diseases and diseases included on List A of the OIE, within twenty-four
(24) hours after the problem is detected.]
[ iii) Changes that occur in the field of plant protection, such as the appearance of pests and diseases
subject to quarantine or the dissemination of pests and diseases under official control, within seventy-two (72) hours after verification.]
[ iv) Findings of epidemiological importance and significant changes related to diseases and pests not included in the previous subparagraphs that can affect
trade between the Parties, within a period of no more than ten (10) days.]
[ v) Parties shall have the right to submit counter-notifications of sanitary and phytosanitary measures applied by another Member, which Member shall reply to
such counter-notifications within a time-frame no greater than [14 days.]] [x1 for the countries with small economies and 14 days for the other
countries]
[ vi) [Each] [The] Parties shall maintain an updated, free-access database on sanitary and phytosanitary measures
[through
focal points]. [The database shall follow homogeneous criteria.] In particular, the Parties agree to establish appropriate methods
[mechanisms]
for the exchange of information [concerning essential information for the cases] on the registers of importation rejected, related inspection dates, and other
problems related to food safety, animal and plant health.]
[ vii) Parties agree to establish an official list of enquiry points for the exchange of information and notification.]
[ viii) Parties will inform each other about the appropriate national authorities for sanitary and phytosanitary issues
]
[f.7. the parties shall submit notification of the causes or reasons for which a good of an exporting party is rejected.]
[g) Control, Inspection and Approval Procedures]
[g.1. The Parties shall, in accordance with this [Chapter] [Section], apply the provisions set forth in
[Annex C] of
the WTO/SPS Agreement, [as well as provisions established by subregional organizations], in the operation of control, inspection and approval procedures, including
[those for recognizing pest- or disease-free areas and areas of low pest or disease prevalence], systems for approving the use of additives or for establishing
tolerances for contaminants in foods, beverages or feedstuffs.]
[g.2. The Parties shall harmonize [or make equivalent] control, inspection and approval procedures, as well as sanitary and phytosanitary
certification for the purposes of trade among them. ]
[ g.2. As far as possible, the member countries of the FTAA shall endeavor to harmonize their control, inspection and approval procedures for those products
traded most heavily among them.]
[g.3. Any restriction of an importing member country’s market access stemming from changes in control and inspection procedures without due justification shall
be considered an unjustified barrier to trade.] [ any change in control, inspection and approval procedures without due justification must not constitute a
disguised barrier to trade among the Parties. ]
[g.4. Parties may conduct inspection and verification procedures that shall consist of the following:]
[i) Evaluation of sanitary and phytosanitary services.]
[ii)Review of
[assurances offered by] the inspection programs
of the competent authorities.]
[iii) Periodic [exam] evaluation previously agreed upon by the Members, of the effectiveness of the control
programs.]
[iv) Verification of controls [in the territory of the exporting Member.]]
[v)[Any]
other control method approved by common agreement by the competent authorities of the Members.
]
[g.5. The Parties shall [analyze] [establish] the measures necessary to carry out verification and inspection activities and the
competent authorities of [each Member shall afford the assistance necessary for such activities,] allowing access to the relevant installation and information,
such that the [controls and set out in this article may be [carried out effectively and satisfactorily.]]
[g.6. The Parties may permit the importation of animal or plant products or byproducts from processing plants
[and other installations, once they have
been] approved and certified in accordance with their respective national sanitary and phytosanitary legislation,
[and without prejudice to periodic evaluations of
agreed procedures] [that the mutual inspection, verification and recognition constitute a barrier to trade.]]
[h. [Safeguards] [Provisional Measures]]
[ h.1. Each Party shall adopt the provisional measures necessary for the protection of human health, animal health or plant health, pursuant to article 5.7 of
the WTO/SPS. These measures shall be notified to the other [Members] [ [other] Parties] within twenty four
[working]
hours and, if so requested, consultations on the situation shall be held within
[fourteen] days. [ [Members shall take into due consideration any
information provided during such consultations and shall endeavor to avoid any unnecessary disruption of trade.]]
[Article 18: Technical Assistance and Cooperation]
[18.1. The Parties agree to strengthen their collaboration, [particularly for countries with small economies]
[towards implementation of] [on] matters within the purview of [the FTAA and ] WTO SPS Committee and strengthen their collaboration in the development of international
standards, guidelines or recommendations in the Codex Alimentarius Commission, the International Office of Epizootics, and the International Plant Protection Convention and the
[international and ] [sub]regional organizations operating within its framework.]
[The Parties agree to strengthen their
….collaboration on issues pertaining to the mandate of the SPS WTO Committee and of the
FTAA.]
[18.2. In accordance with Article 9 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, Parties agree to
[facilitate the
provision of] [provide cooperation and] [develop and implement programmes for] technical assistance
[to] [for]
[the countries with small economies] [ to other Parties, especially on the basis of their level of development and the size of their economies
], either
bilaterally or through the appropriate [as well as to remove such provision through] international
[and subregional] organizations.] [Such
assistance may be, inter alia, in the areas of:]
a) [processing technologies] [the application of this Section];
b) [the exchange of information on new research data;]
[the application of the WTO SPS Agreement;]
c) [infrastructure;] [ More active participation in appropriate international
organizations and their subsidiary bodies, in particular the Codex Alimentarius Commission, the International Office of Epizootics, and in international and regional
organizations that operate in the framework of the International Plant Protection Convention;
]
d) [institutional and regulatory cooperation; [
Financial strengthening and strengthening of physical and technical infrastructure of national animal health systems;]]
e)
[harmonization [and
equivalence] ; [ Support for formulating and implementing international and regional standards;]]
f)
[mutual recognition and
equivalence agreements; ]
g) [risk assessment;] [ Education, instruction and training of necessary human resources; and
]
h) [transparency] [Strengthening technical capacity in risk assessment and methodology for the elimination of areas of pests and disease.]
[i)
recognition of pest- or disease-free [areas] [zones];][or low incidence] or illnesses]
[j) control,
inspection and approval procedures; and]
[k) identification, consultation and resolution of SPS-related problems
[inclusive of disputes].]
[l any relevant matters which may arise from time to time]
[18.2.1. This assistance may take the form of advice, credits, donations and grants,
[seminars and workshops] 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.
]
[18.2.2. Where substantial investments are required in order for an exporting Party to fulfil the sanitary or phytosanitary requirements of an importing Party,
the latter shall consider providing such technical assistance, as needed on the basis of
[the level of development and size of the economy,] [favoring the
countries with small economies ] as will permit the exporting Party to maintain and expand its market access opportunities for the product involved.]
[18.3. As provided for under [this] Article [20], the FTAA Committee on SPS Measures, shall provide the
[regular]
[an annual] forum for consultation [and cooperation] as established under this
[Section.] [Chapter ]]
[Article _: Special and Differential Treatment6
]
[Article 19: [ Consultations and ] Dispute Settlement ]
[ 19.1. Technical consultations]
[19.1.1. Where a Party considers that a sanitary or phytosanitary measure
[or control, inspection and approval procedures] of another Party [is] [are] interpreted or implemented in a manner
[contrary] [inconsistent] to the provisions of this chapter, the onus of [proving
such inconsistency] shall be on the Party initiating the consultation [to identify the inconsistency according to the provisions of the WTO SPS Agreement or
according to the criteria internationally approved]]
[19.1.2. No provision of this chapter shall prevent a Party, where that Party has a doubt about the implementation or interpretation of the contents thereof,
from initiating consultations with another Party.]
[19.1.3. Where a Party requests consultations and notifies the [FTAA] Committee
[on Sanitary and Phytosanitary Measures] to that
effect, the Committee shall [facilitate] [grant adequate treatment and priority to] consultations, with the possibility of referring them to a
specialized group or agency for advice or non-binding technical [or scientific
] recommendation.]
[19.1.4. Where Parties have engaged in consultations under this article, without satisfactory results, such consultations, if so agreed by the Parties, shall
constitute the consultations stipulated in Article ____ of the Chapter on Dispute Settlement ---- of the Free Trade Area of the Americas.]
[19.2. [Consultations and] Dispute Settlement]
[19.2.1. The Parties agree to use the WTO Dispute Settlement Procedures for any formal disputes regarding sanitary and phytosanitary measures
[ or
control, inspection and approval procedures ]. ]
[19.2.1. Without prejudice to the preferential right among Parties provided for in existing subregional agreements,
[the FTAA Dispute Settlement Body]
shall be responsible for solving any dispute that may arise between or among the Parties from the provisions of this Chapter.
]
[Article 20: Institutional Issues]
[20.1. [through this article and] in consistency with the Provisions of this
[Section] [Chapter], the Parties hereby
establish [the FTAA] Committee [on Sanitary and Phytosanitary Measures] with the purpose of implementing,
[inter alia] the following: [to serve as a forum for holding technial consultations. This Committee shall perform the functions of providing necessary support for implementing the provisions and
attaining the objectives of the WTO SPS Agreement in the Americas.]]
[20.1.2. The Committee shall promote and facilitate ad hoc consultations on specific sanitary and phytosanitary issues, on the basis of which it will be
possible to identify progress and existing problems, as well as to provide clarification on the application of the principles of the Agreement. The Committee shall have, among
others, ] [with the purpose of implementing] [ among others] the following functions:]
[ a) ensure compliance with [the] [this] SPS [Section of this] [Chapter];]
[
b)
study matters submitted by a Party that considers that an existing measure or a measure proposed by another Party affects the effective application of any commitment undertaken
in this [Section] [Chapter];]
[ c) evaluate and recommend to the Administration Committee proposed modifications, amendments
or additions to the provisions of this [Section] [Chapter];]
[ d) propose to the Administration Committee that it review
existing measures or measures proposed by a Party that it feels are incompatible with the obligations of this
[Section] [Chapter];]
[ e) carry out other tasks entrusted to it by the Administration Committee, by virtue of the provisions of this
[Section] [Chapter] and other
aspects derived from same;]
[ f) foster the active participation of the Parties in international
[and subregional ] organizations;]
[ g) prepare and update a register of qualified specialists in the areas of food safety, plant protection and animal health; and]
[
h)
[identify and] implement the work plan of technical assistance and institutional cooperation.]
[20.2. Competent Authorities]
[20.2.1. The application of measures related to plant health, animal health, and food safety, shall be the responsibility of the
[Ministers] [national
organizations] [secretariat or institutions] responsible in this area, without prejudice to changes in areas of competence that may be stipulated in
subsequent modifications to the administrative legislation of each of the Parties.]]
[20.2.1.1. competent authorities means authorities that are legally responsible for guaranteeing fulfillment of the sanitary and phytosanitary demands included
in this chapter.]
[20.1. Recognizing the benefits from a hemispheric program of technical and institutional cooperation and assistance, a Committee on Sanitary and Phytosanitary
Measures is hereby established. This Committee would provide a regular forum for consultation and cooperation to enhance the effectiveness of Parties’ regulations in this area
in a manner which is fully consistent with and supportive of relevant WTO rights and obligations. The Committee would address SPS issues of relevance to the Parties, including:]
[a) the development of operational guidelines to facilitate implementation of mutual recognition and equivalence agreements, product control, inspection and approval procedures, risk assessments,
etc.;]
[b) enhanced transparency of SPS measures, including counter-notification of such
measures;]
[c) identification and resolution of SPS related problems;]
[d) institutional and regulatory cooperation;]
[e) recognition of pest or disease free areas;]
[f) hemispheric coordination in multilateral fora on sanitary and phytosanitary
issues;]
[g) harmonization of relevant international sanitary and phytosanitary standards, guidelines and recommendations;
and]
[h) technical assistance. ]
[Article X: Special and Differential Treatment. (To be defined)]
SECTION SIX:
[ INSTITUTIONAL ISSUES ]
[Article 21: Committee on Agriculture]
[21.1. A Committee on Agriculture [for the FTAA Member countries] is hereby established.
]
Article 22: [Consultations and] Dispute Settlement
[22.1. The FTAA [Chapter on] provisions [concerning] [for] [consultations and] Dispute Settlement shall apply
to consultations and the settlement of disputes [under this Agreement.] [concerning rights and obligations created by this Chapter
[for agriculture
products] ] ]
[22.1. Without prejudice to the preferential right among Parties in existing sub regional agreements, the dispute settlement body established under this Agreement
will be responsible for settling divergences that may arise among the Parties under this Chapter.]
5
[to be created]
6 [to be defined]
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