Paragraph 9.2 contains an obligation that addresses the prioritization of perishable goods in the scheduling process of examinations that may be required to be carried out at the border. Prioritizing examination of perishable goods This implies that each WTO Member must dispose of the appropriate administrative and logistical capacity and facilities to provide for the release of perishable goods outside regular business hours in case of exceptional circumstances that may be faced by importers and exporters at the border. In light of the objectives of the Measure, this means that – if deemed necessary or more appropriate – customs and other border control authorities must make efforts to ensure that perishable goods are released even outside customs’ business hours to prevent unnecessary damage. The Measure further explains that in some cases the perishable goods must even be released outside the normal business hours under exceptional circumstances, where it would be appropriate to do so. More specifically, within regular business hours, the process of releasing perishable goods must be completed as fast as possible by the relevant national authorities of WTO Members to prevent any loss in the goods’ quality and characterizing features. Under normal circumstances, on a day-to-day basis, the release of perishable goods must be made in the shortest possible period of time. The Measure establishes the generally applicable rules on the release of perishable goods. The use of the word shall indicates that this provision is mandatory for all WTO Members without any room for flexibility or partial execution. Paragraph 9.1 also states that all WTO Members must provide for the release of perishable goods:Ī) I the shortest possible time under normal circumstances andī)Ğven outside the normal business hours under exceptional circumstances when deemed appropriate to do so. In line with the objective of preventing avoidable loss or deterioration of perishable goods, the Measure requires the prompt release of the perishable goods at the condition that all the regulatory requirements have been met. Priority treatment for perishable goods to prevent their deterioration at the border including inland conveyance and storage in approved warehouse.Īrticle 7.9 of the TFA requires Member States to allow the release of perishable goods ,provided all the regulatory requirements have been met, within the shortest possible time, giving them appropriate priority when scheduling examinations, and allowing for proper storage prior to release, including release at storage facilities where practicable.įast-tracking the release of perishable goods
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