APPROVED VERSION – COMMITTEE OF THE MINISTERS OF TRADE - 17 July 2014 - SADC/CMT/26/2014/8.2 2. Member States, within the limits of their resources, shall make every effort to participate in relevant international organizations and, whenever possible, if mandated, present a common SADC position in these organizations in an effort to promote within these organizations the development and periodic review of standards, guidelines and recommendations with respect to sanitary and phytosanitary measures. ARTICLE 7 Equivalence 1. Member States shall to the extent practicable, without compromising their appropriate level of sanitary or phytosanitary protection and in accordance with guidelines developed by the WTO SPS Committee and the relevant international standard setting bodies, enter into consultations aimed at achieving bilateral or regional agreements on the recognition of equivalence of their respective sanitary or phytosanitary measures. 2. An importing Member State: (a) shall accept a sanitary or phytosanitary measure adopted or maintained by an exporting Member State as equivalent to its own where the exporting Member State, in cooperation with the importing Member State, provides to the importing Member State scientific evidence or other information, in accordance with risk assessment methodologies agreed on by the Members, to demonstrate objectively, that the exporting Member State’s measures achieve the importing Member State’s appropriate level of protection; (b) may, refuse to accept a sanitary or phytosanitary measure adopted or maintained by an exporting Member State as equivalent to its own where it has scientific basis to determine that the exporting Member State’s measures does not achieve the importing Member State’s appropriate level of protection; and (c) shall provide to the exporting Member State, on request, its reasons in writing for a determination made under subparagraph (b). ARTICLE 8 Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection 1. Member States shall in accordance with their international rights and obligations ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances of the risks to human, animal and plant life or health. Page 7 of 18

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