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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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Article 759: Control, Inspection and Approval Procedures
1. Each Party, with respect to any control or inspection
procedure that it conducts:
(a) shall initiate and complete such procedure as
expeditiously as possible and in no less favorable
manner for a good of another Party than for a good of
such Party or a like good of any other country;
(b) shall publish the normal processing period for each
such procedure or communicate the anticipated
processing period to the applicant upon request;
(c) shall ensure that the competent body
(i) upon receipt of an application, promptly examines
the completeness of the documentation and informs
the applicant in a precise and complete manner of
any deficiency,
(ii) transmits to the applicant as soon as possible the
results of the procedure in a form that is precise
and complete so that such applicant may take any
necessary corrective action,
(iii) where the application is deficient, proceeds
as far as practicable with such procedure if
the applicant so requests, and
(iv) informs the applicant, upon request, of the
status of the application and the reasons for any
delay;
(d) shall limit the information the applicant is required
to supply to that necessary for conducting such
procedure;
(e) shall accord confidential or proprietary information
arising from, or supplied in connection with, such
procedure conducted for a good of another Party
(i) treatment no less favorable than for a good of
such Party, and
(ii) in any event, treatment that protects the
applicant's legitimate commercial interests, to
the extent provided under the Party's law;
(f) shall limit any requirement regarding individual
specimens or samples of a good to that which is
reasonable and necessary;
(g) should not impose a fee for conducting such procedure
that is higher for a good of another Party than is
equitable in relation to any such fee it imposes for
its like goods or for like goods of any other country,
taking into account communication, transportation and
other related costs;
(h) should use criteria for selecting the location of
facilities at which a procedure is conducted that do
not cause unnecessary inconvenience to an applicant or
its agent;
(i) shall provide a mechanism to review complaints
concerning the operation of such procedure and to take
corrective action when a complaint is justified;
(j) should use criteria for selecting samples of goods that
do not cause unnecessary inconvenience to an applicant
or its agent; and
(k) shall limit such procedure, for a good modified
subsequent to a determination that such good fulfills
the requirements of the applicable sanitary or
phytosanitary measure, to that necessary to determine
that such good continues to fulfill the requirements of
such measure.
2. Each Party shall apply, with such modifications as may be
necessary, paragraphs 1(a) through (i) to its approval
procedures.
3. Where an importing Party's sanitary or phytosanitary measure
requires the conduct of a control or inspection procedure at the
level of production, an exporting Party shall, upon the request
of the importing Party, take such reasonable measures as may be
available to it to facilitate access in its territory and to
provide assistance necessary to facilitate the conduct of the
importing Party's control or inspection procedure.
4. A Party maintaining an approval procedure may require its
approval for the use of an additive, or its establishment of a
tolerance for a contaminant, in a food, beverage or feedstuff,
under such procedure, prior to granting access to its domestic
market for a food, beverage or feedstuff containing such additive
or contaminant. Where such Party so requires, it shall consider
using a relevant international standard, guideline or
recommendation as the basis for granting access until it
completes such procedure.
Article 760: Notification, Publication and Provision of
Information
1. Further to Articles 1802 and 1803, each Party proposing to
adopt or modify a sanitary or phytosanitary measure of general
application at the federal level shall:
(a) at least 60 days prior to the adoption or modification
of such measure, other than a law, publish a notice and
notify in writing the other Parties of the proposed
measure and provide to the other Parties and publish
the full text of the proposed measure, in such a manner
as to enable interested persons to become acquainted
with the proposed measure;
(b) identify in such notice and notification the good to
which the proposed measure would apply, and provide a
brief description of the objective and reasons for such
measure;
(c) provide a copy of such proposed measure to any Party or
interested person that so requests and, wherever
possible, identify any provision that deviates in
substance from relevant international standards,
guidelines or recommendations; and
(d) without discrimination, allow other Parties and
interested persons to make comments in writing and
shall, upon request, discuss such comments and take the
comments and the results of such discussions into
account.
2. Each Party shall seek, through appropriate measures, to
ensure, with respect to a sanitary or phytosanitary measure of a
state or provincial government:
(a) that, at an early appropriate stage, a notice and
notification of the type referred to in paragraphs 1(a)
and (b) are made prior to their adoption; and
(b) observance of paragraphs 1(c) and (d).
3. Where a Party considers it necessary to address an urgent
problem relating to sanitary and phytosanitary protection, it may
omit any step set out in paragraph 1 or 2, provided that, upon
adoption of a sanitary or phytosanitary measure, it shall:
(a) immediately provide to the other Parties a notification
of the type referred to in paragraph 1(b), including a
brief description of the urgent problem;
(b) provide a copy of such measure to any Party or
interested person that so requests; and
(c) without discrimination, allow other Parties and
interested persons to make comments in writing and
shall, upon request, discuss such comments and take
such comments and the results of such discussions into
account.
4. Except where necessary to address an urgent problem referred
to in paragraph 3, each Party shall allow a reasonable period
between the publication of a sanitary or phytosanitary measure of
general application and the date that it becomes effective to
allow time for interested persons to adapt to such measure.
5. Each Party shall designate a government authority
responsible for the implementation at the federal level of the
notification provisions of this Article, and shall notify the
other Parties thereof. Where a Party designates two or more
government authorities for such purpose, it shall provide to the
other Parties complete and unambiguous information on the scope
of responsibility of each such authority.
6. Where an importing Party denies entry into its territory of
a good of another Party because it does not comply with a
sanitary or phytosanitary measure, the importing Party shall
provide a written explanation to the exporting Party, upon
request, that identifies the applicable measure and the reasons
that the good is not in compliance.
Article 761: Inquiry Points
1. Each Party shall ensure that there is one inquiry point that
is able to answer all reasonable enquiries from other Parties and
interested persons, and to provide relevant documents, regarding:
(a) any sanitary or phytosanitary measure of general
application, including any control or inspection
procedure or approval procedure, proposed, adopted or
maintained in its territory at the federal, provincial,
or state government level;
(b) such Party's risk assessment procedures and