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Other measures to enhance impartiality, non-discrimination and transparency

  1. 5.1 Notifications for enhanced controls or inspections
  2. 5.2 Detention
  3. 5.3 Test Procedures
  4. ⚫⚫ Article 5 Resources

Notifications for enhanced controls or inspections

What activity does this measure regulate?

Disciplines on any system of issuing notifications or guidance to concerned authorities to enhance controls and inspections on imported goods, particularly food products, beverages and feedstuffs

What authorities are directly concerned?

•  All border agencies

What are the new requirements?

•  For countries that have such a system, the conditions under which notifications or guidance may be made and maintained on the system, and the actions taken as a consequence of the notification or guidance, shall be subject to certain disciplines

Where a Member adopts or maintains a system of issuing notifications or guidance to its concerned authorities for enhancing the level of controls or inspections at the border in respect of foods, beverages or feedstuffs covered under the notification or guidance for protecting human, animal, or plant life or health within its territory, the following disciplines shall apply to the manner of their issuance, termination or suspension:

(a)        the Member may, as appropriate, issue the notification or guidance based on risk;

(b)        the Member may issue the notification or guidance so that it applies uniformly only to those points of entry where the sanitary and phytosanitary conditions on which the notification or guidance are based apply;

(c)        the Member shall promptly terminate or suspend the notification or guidance when circumstances giving rise to it no longer exist, or if changed circumstances can be addressed in a less trade-restrictive manner; and

(d)        when the Member decides to terminate or  suspend the notification or guidance, it shall, as appropriate, promptly publish the announcement of its termination or suspension in a non-discriminatory and easily accessible manner, or inform the exporting Member or the importer.

Detention

What activity does this measure regulate?

The "detention" of goods declared for importation by Customs or other border authority (e.g., health, safety, agriculture, etc.) for purposes of conducting an inspection

What authorities are directly concerned?

• Customs

• Other Border Agencies

What are the new requirements?

•  If Customs or other border authority detains imported goods for inspection, it shall inform promptly the carrier, the importer or his agent (such as the customs broker, acting on the importer’s behalf).

A Member shall promptly inform the carrier or importer in case of detention of goods declared for importation, for inspection by customs or any other competent authority.

Test Procedures

What activity does this measure regulate?

Laboratory testing of goods for customs, food safety, agriculture or other regulatory purposes

What authorities are directly concerned?

Border agencies that sample and test goods, such as:

• Customs

• Other border agencies (particularly, SPS and standards authorities)

What are the new requirements?

• Members may grant traders the right to a second test, where test results on a sample of goods taken upon arrival of goods declared for importation are adverse to the trader

• Members shall publish the contact information of laboratories where confirmatory tests can be carried out or provide this information to the importer. (They  may be regional or international laboratories, if there are no national accredited laboratories)

• Members shall consider the results of the second test.

3.1       A Member may, upon request, grant an opportunity for a second test in case the first test result of a sample taken upon arrival of goods declared for importation shows an adverse finding.

3.2       A Member shall either publish, in a non-discriminatory and easily accessible manner, the name and address of any laboratory where the test can be carried out or provide this information to the importer when it is granted the opportunity under paragraph 3.1.

3.3       A Member shall consider the result of the second test, if any, conducted under paragraph 3.1, for the release and clearance of goods and, if appropriate, may accept the results of such test.

Article 5 Resources