SINGAPORE-AUSTRALIA FREE TRADE AGREEMENT (SAFTA)
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SINGAPORE-AUSTRALIA FREE TRADE AGREEMENT Chapter 5
TECHNICAL REGULATIONS AND SANITARY AND PHYTOSANITARY MEASURES
SECTORAL ANNEX ON HORTICULTURAL GOODS
Pursuant to Chapter 5 (Technical Regulations and Sanitary and Phytosanitary Measures), the Parties agree to this Sectoral Annex on Horticultural Goods for the purpose of facilitating trade between the Parties.
The Parties have agreed as follows:
1.1 This Sectoral Annex applies to the horticultural goods listed in the Schedule to this Sectoral Annex, where they are not intended for propagation, and where they are traded between the Parties (hereinafter referred to as “scheduled horticultural goods”).
1.2 The Parties shall review the Schedule from time to time or upon the written request of either Party. Horticultural goods may be added to, or removed from, the Schedule by mutual decision recorded in an exchange of letters between the regulatory authorities.
1.3 This Sectoral Annex shall not affect the Parties’ existing rights and obligations
to each other under the WTO Agreement on the Application of Sanitary and
2.1 For the purpose of this Sectoral Annex:
of organic material.
3.1 The regulatory authority of each Party shall maintain, in consultation with the regulatory authority of the other Party, a list of actionable pests and non- actionable pests relevant to its import of scheduled horticultural goods from the other Party.
3.2 An importing Party may apply such phytosanitary measures to other pests as it deems necessary. The regulatory authority of the importing Party, in consultation with the regulatory authority of the other Party, shall categorise such a pest as an actionable pest or a non-actionable pest as soon as practicable.
3.3 The importing Party shall accept and consider applications from the other Party
to have additional species added to the list of permitted species referred to in the Schedule.
1 For the avoidance of doubt, the term “pest” is as defined in the International Plant Protection Convention.
4.1 The exporting Party shall issue and/or endorse phytosanitary certificates,
treatment certificates and test reports in respect of scheduled horticultural goods exported to the importing Party.
4.2 The exporting Party shall also issue and/or endorse relevant additional certificates and/or reports as required by the importing Party in respect of the scheduled horticultural goods listed in Category B of the Schedule to this Sectoral Annex that are exported to the importing Party.
4.3 Phytosanitary certificates shall be issued in accordance with IPPC-ISPM
(International Plant Protection Convention-International Standards for
Phytosanitary Measures) No. 7 on Export Certification System.
4.4 The importing Party shall recognise the phytosanitary certificates, treatment certificates, test reports and/or relevant additional certificates and/or reports required by the importing Party which are provided by the exporting Party that demonstrate compliance by the relevant exporter of the scheduled horticultural goods with the importing Party’s mandatory requirements.
4.5 Where scheduled horticultural goods from an exporter of a Party are identified after inspection as not complying with the importing Party’s mandatory requirements, the importing Party can implement phytosanitary measures to achieve its appropriate level of protection.
5.1 The exporting Party shall ensure that its accredited exporters of the scheduled horticultural goods exported to the importing Party possess the necessary technical capabilities, management competence, facilities, equipment and production systems to meet the mandatory requirements of the importing Party.
5.2 The importing Party shall facilitate the import clearance of the scheduled horticultural goods from accredited exporters of the other Party (where those goods are accompanied by the required certificates and/or reports) by minimizing import control and the inspection and approval procedures.
5.3 The obligations set out above shall not prevent a Party from conducting reduced inspection on consignments of the scheduled horticultural goods being imported into its territory from the accredited exporters of the other Party.
5.4 Where scheduled horticultural goods from an accredited exporter of a Party are identified after inspection as not complying with the importing Party’s
mandatory requirements, the importing Party can implement phytosanitary measures to achieve its appropriate level of protection.
5.5 Should an inspection by a Party result in the detection of an actionable pest or
an other pest in a consignment of scheduled horticultural goods being imported into its territory from an accredited exporter of the other Party:
of an actionable pest or an other pest in an imported scheduled horticultural good; and
6.1 Each Party shall adapt its phytosanitary measures to the phytosanitary characteristics of the area where the scheduled horticultural goods are produced, taking into account relevant conditions, including those relating to transportation and handling.
6.2 Each Party shall, in applying its phytosanitary measures to the scheduled horticultural goods, avoid unnecessary duplication of phytosanitary measures already taken by the other Party.
6.3 Each Party shall ensure that any agency or entity on which it relies in applying
a phytosanitary measure acts in a manner consistent with this Sectoral Annex.
6.4 In addition to the notification requirements in Article 8.1 of Chapter 5
(Technical Regulations and Sanitary and Phytosanitary Measures), each Party shall notify the other Party of any proposed changes to its mandatory requirements at least 60 working days before the changes come into effect, unless considerations of health, safety and the environment warrant more urgent action. For urgent action, such notification shall be provided to the exporting Party at least one working day before the changes enter into force.
6.5 Where an importing Party is able to achieve its appropriate level of protection through the phased application of a phytosanitary measure it may, at the request
of the exporting Party, allow for such a phased application, or grant specified exemptions for limited periods from the phytosanitary measure, taking into account the requesting Party’s export interest.
7.1 The Parties shall exchange information on matters concerning the scheduled horticultural goods and their mandatory requirements.
7.2 The Parties shall put in place a system for the uniform and systematic exchange
of information so as to provide assurance and engender confidence in each other’s phytosanitary systems.
7.3 The Parties shall exchange quarterly reports on pests detected in the import of the scheduled horticultural goods.
8.1 For the purpose of this Sectoral Annex, each Party shall establish a contact point, which shall be that Party’s regulatory authority:
8.2 Each Party shall inform the other Party in writing of any change in its regulatory authority responsible for the implementation of this Sectoral Annex.
8.3 For the avoidance of doubt, Article 2 of Chapter 16 shall apply for the purposes
of consultations regarding the implementation, interpretation or application of this Sectoral Annex.
9.1 The Parties shall facilitate the provision of technical advice, information and assistance, which may include training and joint research and development, to allow each Party to adjust to, and comply with, the other Party’s mandatory requirements.
10.1 The Parties shall engage in confidence-building activities with the view to making recommendations within 12 months of the entry into force of this Sectoral Annex on the options for moving towards determining the equivalence
of mandatory requirements.
10.2 Such confidence building activities shall include a comparative review of each Party’s mandatory requirements and their equivalence; and control, inspection and certification procedures, risk assessment techniques, and appropriate levels
of protection for scheduled horticultural goods.
10.3 In order to determine whether the mandatory requirements of the exporting Party can be accepted as equivalent to the mandatory requirements of the importing Party, the Parties shall follow the procedures set down by the WTO SPS Committee’s decisions on equivalence of sanitary or phytosanitary measures.
Notwithstanding Article 10(2) of Chapter 5, this Sectoral Annex shall enter into force
on the date on which the Parties have exchanged notes confirming the completion of their respective procedures for the entry into force of this Sectoral Annex.
IN WITNESS WHEREOF the undersigned, being duly authorised by their respective
Governments, have signed this Sectoral Annex.
DONE in duplicate at Singapore this 21st day of April 2005.
For Singapore For Australia
____________ ____________ CHAN LAI FUNG GARY QUINLAN
Deputy Secretary (Trade) Australian High Commissioner
Ministry of Trade and Industry Singapore
SCHEDULE TO SECTORAL ANNEX ON HORTICULTURAL GOODS
1. Fresh cut flowers; and
2. cut foliage without roots
that are specified as permitted species for import by the importing Party and for which entry is permitted under specified conditions.
1. Aquarium plants without soil as growing medium;
2. Ornamental plants without soil as growing medium
that are specified as permitted species for import by the importing Party and for which entry is permitted under specified conditions..