APPROVED VERSION – COMMITTEE OF THE MINISTERS OF TRADE - 17 July 2014 - SADC/CMT/26/2014/8.2 ARTICLE 9 Adaptation to Regional Conditions, Including Pest or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 1. Member States shall in accordance with their international rights and obligations ensure that their sanitary or phytosanitary measures are adapted to the sanitary or phytosanitary characteristics of the area – whether all of a country, part of a country, or all or parts of several countries – from which the product originated and to which the product is destined. 2. Member States shall in assessing the sanitary or phytosanitary characteristics of a region, take into account, inter alia: a) the level of prevalence of specific diseases or pests; b) the existence of eradication or control programmes; and c) appropriate criteria or guidelines which may be developed by the relevant international organizations or by the SADC Sanitary and Phytosanitary Coordinating Committee. 3. In determining whether an area is a pest-free or disease-free area or an area of low pest or disease prevalence Member States shall inter alia, base their determination on factors such as geography, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in that area. 4. Exporting Member States claiming that areas within their territories are pest-or disease-free areas or areas of low pest or disease prevalence shall provide the necessary evidence thereof in order to objectively demonstrate to the importing Member State that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, respectively. For this purpose, each exporting Member State shall provide reasonable access to its territory to the importing Member State for inspection, testing and other relevant procedures. 5. Member States may, in accordance with this Annex: a) adopt, maintain or apply a different risk assessment procedure for a pestfree or disease-free area than for an area of low pest or disease prevalence; or b) make a different final determination for the disposition of a product produced in a pest-free or disease-free area than for a product produced in an area of Page 9 of 18