외교부

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 these measures 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

development, adoption and 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 GATT 1994 which

relate to the use of sanitary or phytosanitary measures, in particular the provisions of Article XX(b)1;

Hereby agree as follows:

Article 1

General Provisions

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.

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

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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.

Article 2

Basic Rights and Obligations

1. 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.

2. 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 7 of Article 5.

3. 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 that of other Members. Sanitary and phytosanitary measures shall not

be applied in a manner which would constitute a disguised restriction on international trade.

4. 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

GATT 1994 which relate to the use of sanitary or phytosanitary measures, in particular the provisions

of Article XX(b).

Article 3

Harmonization

1. 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 3.

2. 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 GATT 1994.

3. 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 sanitary or phytosanitary protection a Member determines to be appropriate

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in accordance with the relevant provisions of paragraphs 1 through 8 of Article 5.2 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.

4. 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 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.

5. The Committee on Sanitary and Phytosanitary Measures provided for in paragraphs 1 and 4

of Article 12 (referred to in this Agreement as the "Committee") shall develop a procedure to monitor

the process of international harmonization and coordinate efforts in this regard with the relevant

international organizations.

Article 4

Equivalence

1. 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.

2. 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.

Article 5

Assessment of Risk and Determination of the Appropriate Level

of Sanitary or Phytosanitary Protection

1. 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.

2. 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

2For the purposes of paragraph 3 of Article 3, 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

sanitary or phytosanitary protection.

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of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental

conditions; and quarantine or other treatment.

3. 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.

4. Members should, when determining the appropriate level of sanitary or phytosanitary protection,

take into account the objective of minimizing negative trade effects.

5. With the objective of achieving consistency in the application of the concept of appropriate

level of sanitary or 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 cooperate in the Committee, in accordance with

paragraphs 1, 2 and 3 of Article 12, 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.

6. Without prejudice to paragraph 2 of Article 3, 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 sanitary or phytosanitary protection, taking into account technical and economic feasibility.3

7. 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.

8. 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.

3For purposes of paragraph 6 of Article 5, 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

sanitary or phytosanitary protection and is significantly less restrictive to trade.

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Article 6

Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas

and Areas of Low Pest or Disease Prevalence

1. Members shall ensure that their sanitary or phytosanitary measures are adapted to the sanitary

or phytosanitary characteristics of the area - whether all of a country, part of a country, or all or parts

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.

2. 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.

3. Exporting Members claiming that areas within their territories are pest- or disease-free areas

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, pestor

disease-free areas 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.

Article 7

Transparency

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.

Article 8

Control, Inspection and Approval Procedures

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.

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Article 9

Technical Assistance

1. 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.

2. 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.

Article 10

Special and Differential Treatment

1. 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

country Members.

2. 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.

3. With a view to ensuring that developing country Members are able to comply with the provisions

of this Agreement, the Committee is enabled to grant to such countries, upon request, specified, timelimited

exceptions in whole or in part from obligations under this Agreement, taking into account their

financial, trade and development needs.

4. Members should encourage and facilitate the active participation of developing country Members

in the relevant international organizations.

Article 11

Consultations and Dispute Settlement

1. The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the

Dispute Settlement Understanding shall apply to consultations and the settlement of disputes under

this Agreement, except as otherwise specifically provided herein.

2. 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,

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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.

3. Nothing in this Agreement shall impair the rights of Members under other international

agreements, including the right to resort to the good offices or dispute settlement mechanisms of other

international organizations or established under any international agreement.

Article 12

Administration

1. A Committee on Sanitary and Phytosanitary Measures is hereby 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.

2. The Committee shall encourage and facilitate ad hoc consultations or negotiations among 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 or feedstuffs.

3. 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.

4. 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

therefor, and, in particular, whether 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 Secretariat as well as the relevant international

organizations, unless such notification and explanation is given according to the procedures of Annex B.

5. 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.

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6. 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 4.

7. The Committee shall review the operation and implementation of this Agreement three years

after the date of entry into force of the WTO Agreement, 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.

Article 13

Implementation

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.

Article 14

Final Provisions

The least-developed country Members may delay application of the provisions of this Agreement

for a period of five years following the date of entry into force of the WTO Agreement 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 paragraph 8

of Article 5 and Article 7, for two years following the date of entry into force of the WTO Agreement

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.

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ANNEX A

DEFINITIONS4

1. Sanitary or phytosanitary measure - Any measure applied:

(a) 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;

(b) 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;

(c) 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

(d) 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

(a) 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;

(b) for animal health and zoonoses, the standards, guidelines and recommendations developed

under the auspices of the International Office of Epizootics;

(c) for plant health, the international standards, guidelines and recommendations developed

under the auspices of the Secretariat of the International Plant Protection Convention

in cooperation with regional organizations operating within the framework of the

International Plant Protection Convention; and

4For 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.

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(d) 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.

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, beverages or feedstuffs.

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 is subject to effective surveillance, control or eradication

measures.

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ANNEX B

TRANSPARENCY OF SANITARY AND PHYTOSANITARY REGULATIONS

Publication of regulations

1. Members shall ensure that all sanitary and phytosanitary regulations5 which have been adopted

are published promptly in such a manner as to enable interested Members to become acquainted with

them.

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.

Enquiry points

3. 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 or 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.

4. 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 nationals6 of the

Member concerned.

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

6When "nationals" are referred to in this Agreement, the term shall be deemed, in the case of a separate customs territory

Member of the WTO, to mean persons, natural or legal, who are domiciled or who have a real and effective industrial or

commercial establishment in that customs territory.

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Notification procedures

5. 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 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.

6. 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 5 of this Annex as it finds necessary,

provided that the Member:

(a) immediately notifies other Members, through the 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, copies of the regulation to other Members;

(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.

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

8. 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.

9. The 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.

10. Members shall designate a single central government authority as responsible for the

implementation, on the national level, of the provisions concerning notification procedures according

to paragraphs 5, 6, 7 and 8 of this Annex.

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General reservations

11. 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 8 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.

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ANNEX C

CONTROL, INSPECTION AND APPROVAL PROCEDURES7

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 for contaminants in food, beverages or feedstuffs;

(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

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

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(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, beverages or feedstuffs 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.