Article 756: Equivalence
1. Without reducing the level of protection of human, animal, or plant life or health, the Parties shall, to the greatest extent practicable and in accordance with this Subchapter, pursue equivalence of their respective sanitary or phytosanitary measures.
2. Each importing Party:
(a) shall treat a sanitary or phytosanitary measure adopted or maintained by an exporting Party as equivalent to its own where the exporting Party, in cooperation with the importing Party, provides to the importing Party scientific evidence or other information, in accordance with risk assessment methodologies agreed upon by those Parties, to demonstrate objectively, subject to subparagraph (b), that the exporting Party's measure achieves the importing Party's appropriate level of protection;
(b) may, where it has a scientific basis, determine that
the exporting Party's measure does not achieve the
importing Party's appropriate level of protection; and
(c) shall, upon the request of the exporting Party, provide
its reasons in writing for a determination under
subparagraph (b).
3. For purposes of establishing equivalency, each exporting Party shall, upon the request of an importing Party, take such reasonable measures as may be available to it to facilitate access in its territory for inspection, testing, and other relevant procedures.
4. Each Party should, in the development of a sanitary or phytosanitary measure, consider relevant actual or proposed sanitary or phytosanitary measures of the other Parties.
Article 757: Risk Assessment and Appropriate Level of
Protection
1. In conducting a risk assessment, each Party shall take into account: