Precaution is better than cure
To ensure that all investors should be adopting or enforcing measures necessary to protect human, animal or plant life or health;
Desiring to improve the human health, animal health and phytosanitary condition for in all investors;
Ssanitary and phytosanitary measures are often applied on the basis of 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 that the standards, guidelines and recommendations can make in this regards;
Desiring to further the use of harmonized sanitary and phytosanitary measures between investors, on the basis of the standards, guidelines and recommendations developed by the relevant organizations, without requiring investors to change their appropriate level of protection of human, animal or plant life or health;
Where the investors have to agree as follows:
1. Harmonize sanitary and 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.
2. Investors shall accept the sanitary or phytosanitary measures of other investors as equivalent, even if these measures differ from their own or from those used by other investor in the same product, if the measures achieve the appropriate level of sanitary or phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the management team for inspection, testing and other relevant procedures.
3. Investors 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 organizations.
4. Investors shall notify changes in their sanitary or phytosanitary measures and shall provide information on their sanitary or pytosanitary measures in accordance with the provisions.
5. Investors shall observe the provisions in the operation of control, inspection and approval procedures, including national systems for foods, beverages or feedstuffs, and otherwise ensure that their procedures are consistent with the provisions of this Agreement.
6. In a dispute under this Agreement involving scientific or technical issues, management should seek advice from experts chosen by the management in consultation with the parties to the dispute.
7. Investors shall formulate and implement positive measures and mechanisms in support of the observance of the provisions.