Agreement to amend the Free Trade Agreement between the Government of Canada and the Government of the Republic of Chile

Done at Santiago on 5 December 1996, as amended, between the Government of Canada and the Government of the Republic of Chile

Appendix I

Chapter C bis
Sanitary and Phytosanitary Measures

Article C bis-01: Objectives

The objectives of this Chapter are to:

    (a) protect human, animal and plant life or health in the territory of each Party while facilitating trade;
    (b) ensure that the Parties’ sanitary and phytosanitary measures do not create unjustified barriers to trade; and
    (c) enhance the implementation of the SPS Agreement.

Article C bis-02: Scope

This Chapter applies to all sanitary and phytosanitary measures that may, directly or indirectly, affect trade between the Parties.

Article C bis-03: General Provisions

1. The Parties affirm their rights and obligations under the SPS Agreement.

2. This Chapter is not subject to Chapter N, Section II (Dispute Settlement) .

Article C bis-04: Committee on Sanitary and Phytosanitary Measures

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

2. Each Party shall designate a contact point to coordinate the Committee’s agenda.

3. The Committee provides a forum to:

    (a) enhance the understanding of each Party’s sanitary and phytosanitary measures, including through exchange of information relating to each Party’s regulatory systems;

    (b) discuss matters related to the development or application of sanitary and phytosanitary measures that may directly or indirectly affect trade between the Parties;

    (c) promote bilateral cooperation, between the Parties, on sanitary and phytosanitary issues that are under discussion in multilateral and international fora, including the WTO Committee on Sanitary and Phytosanitary Measures, the Codex Alimentarius Commission, the International Plant Protection Convention, and the World Organization for Animal Health;

    (d) consider technical cooperation in relation to development, implementation, and application of sanitary and phytosanitary measures; and

    (e) discuss and review progress on addressing sanitary and phytosanitary matters that may arise between the Parties.

4. The Parties shall ensure that the Committee will consider further cooperation on sanitary and phytosanitary matters of mutual interest.

5. Each Party shall ensure the participation, as appropriate, of representatives from its relevant government authorities that are responsible for the development, implementation and enforcement of sanitary and phytosanitary measures, in the Committee meetings referred to in paragraph 6.

6. The Committee shall meet as required, normally on an annual basis. The Committee may meet in person, through teleconference, videoconference or by any other means to ensure its effective operation and fulfillment of its responsibilities.

7. The Committee on Sanitary and Phytosanitary Measures replaces the existing Canada-Chile Sanitary and Phytosanitary Measures Committee established by the Free Trade Commission of the CCFTA on May 10, 2001.

Article C bis-05: Sanitary and Phytosanitary Issue Avoidance and Resolution

1. The Parties shall work expeditiously to resolve any specific sanitary and phytosanitary trade-related issue and commit to carry out the necessary technical level discussion to resolve any such issue, including an assessment of the scientific basis of the measure at issue.

2. The Parties shall avail themselves of all reasonable options to avoid and resolve sanitary and phytosanitary issues, including meeting in person, using technological means (via teleconference, videoconference) and opportunities that may arise in international fora.

3. If the Parties are unable to resolve an issue expeditiously by technical level discussions, a Party may refer the issue to the Committee. The Committee should consider any matter referred to it as expeditiously as possible.

Article C bis-06: Contact Points

1. For the purpose of facilitating communication on trade-related sanitary and phytosanitary matters, the Parties agree to establish Contact Points as follows:

    (a) for Canada, the Department of Foreign Affairs, Trade and Development, or its successor; and

    (b) for Chile, the General Directorate of International Economic Relations, Ministry of Foreign Affairs, or its successor.

2. Each Party, through its Contact Point, shall inform the other Party of the competent authorities that are responsible for the development and application of sanitary and phytosanitary measures.

Article C bis-07: Definitions

For the purposes of this Chapter:

sanitary or phytosanitary measure means a sanitary or phytosanitary measure as defined in Annex A of the SPS Agreement; and

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures contained in Annex 1A to the WTO Agreement.