Canada-Israel Free Trade Agreement

CHAPTER SEVEN
SANITARY AND PHYTOSANITARY MEASURES

Article 7.1: Objectives

The objectives of this Chapter are to protect human, animal and plant life or health in the territory of each Party while facilitating trade and ensuring that the Parties' sanitary or phytosanitary measures do not create unjustified barriers to trade.

Article 7.2: Scope

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

Article 7.3: General Provisions

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

2. This Chapter is not subject to Chapter Nineteen (Dispute Settlement) of this Agreement.

Article 7.4: Sanitary and Phytosanitary Contact Points

1. For the purpose of facilitating communication on sanitary and phytosanitary trade-related 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 Israel, the Ministry of Economy and Industry, or its successor.

2. For the purposes of implementing the provisions of this Agreement, the Parties shall share information related to the competent authorities of each Party with responsibility for sanitary and phytosanitary measures, listed in Annex 7.4.

Article 7.5: Cooperation

The Parties shall endeavour to enhance the relationship between the Parties’ competent authorities with responsibility for sanitary and phytosanitary matters. For this purpose:

• (a) the competent authorities shall communicate on sanitary and phytosanitary matters with a view to enhancing regulatory cooperation;
• (b) the Parties shall promote cooperation on sanitary and phytosanitary issues under discussion in multilateral forums, including the WTO Committee on Sanitary and Phytosanitary Measures and relevant international standard-setting bodies such as the Codex Alimentarius Commission, the international and regional organisations operating within the framework of the International Plant Protection Convention, and the World Organization for Animal Health, as appropriate; and
• (c) the Parties shall explore opportunities for cooperation on other sanitary and phytosanitary matters of mutual interest.

Article 7.6: Exchange of Information^{Footnote 1}

1. The Parties shall exchange information relating to each Party’s sanitary and phytosanitary regulatory system, including the scientific and risk assessment basis for sanitary and phytosanitary measures, as well as policies for the determination of equivalence.

2. The Parties shall exchange information on other relevant issues which affect trade between the Parties, including:

• (a) proposed sanitary or phytosanitary measures or amendments to sanitary or phytosanitary measures, including important epidemiological findings;
• (b) upon request, the results of import checks in cases of rejected or non-compliant consignments; and
• (c) upon request, the results of audits, including the results of on-site verifications, of all or part of the other Party’s control systems.

Article 7.7: Sanitary and Phytosanitary Issue Avoidance and Resolution

1. The Parties shall work expeditiously to address any specific sanitary or phytosanitary trade related issue and commit to carry out the necessary technical level discussion to endeavour to resolve any such issue and to avoid unjustified disruption to trade between the Parties.

2. At any time, a Party may raise a specific sanitary or phytosanitary issue with the other Party and may request additional information related to the issue.  The responding Party shall respond to the requesting Party in a timely manner.

3. If the issue is not resolved through the information exchanged under paragraph 2, at the request of either Party, the Parties shall meet in a timely manner to discuss this issue, prior to which each Party shall provide all information necessary, with a view to avoiding an unjustified disruption to trade or to reaching a satisfactory resolution. The Parties shall meet either in person or by using any technological means available. If travel is required, the Party requesting the meeting shall travel to the territory of the other Party to discuss the specific sanitary or phytosanitary issue, unless otherwise decided by the Parties.

4. If, in response to an urgent problem of health protection that arises or threatens to arise, an importing Party adopts a sanitary or phytosanitary measure that affects trade between the Parties, the importing Party shall:

• (a) advise the other Party, as soon as possible and without delay, and, upon the request of the other Party, discuss the decision to implement the measure; and
• (b) consider information provided, in a timely manner, by the exporting Party when making a decision with respect to a consignment that, at the time of adoption of emergency measures, is being transported between the Parties.

Article 7.8: Oversight Body

After making every effort to resolve a sanitary or phytosanitary issue under Article 7.7, either Party may bring the sanitary or phytosanitary issue to the Committee on Trade in Goods established in Article 4.8 (Committee on Trade in Goods) for further consideration, as appropriate.

ANNEX 7.4
COMPETENT AUTHORITIES

For the purposes of this Chapter, competent authority means:

• (a) for Canada:
  • (i) the Canadian Food Inspection Agency, or its successor; and
  • (ii) the Department of Health, or its successor; and
• (b) for Israel:
  • (i) the Ministry of Agriculture and Rural Development, or its successor; and
  • (ii) the Ministry of Health, or its successor.