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Decree No. 5,962, Of 14 November 2006

Original Language Title: Decreto nº 5.962, de 14 de Novembro de 2006

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DECREE NO. 5,962 OF November 14, 2006.

Promulga the Agreement between the Government of the Federative Republic of Brazil and the Government of the Kingdom of Thailand on Technical Cooperation in Sanitary and Phytosanitary Measures, celebrated in Brasilia, in 16 of June 2004.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of the Brazil and the Government of the Kingdom of Thailand celebrated, in Brasilia, on June 16, 2004, the Agreement on Technical Cooperation in Sanitary and Phytosanitary Measures;

Whereas the National Congress passed this Agreement through the Legislative Decree no 39, of February 22, 2006;

Considering that the Agreement entered into international force on October 21, 2006, pursuant to the paragraph of its Article VIII;

DECRETA:

Art. 1st The Agreement between the Government of the Federative Republic of Brazil and the Government of the Kingdom of Thailand on Technical Cooperation in Sanitary and Phytosanitary Measures, celebrated in Brasilia, on June 16, 2004, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any supplementary adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3rd This Decree comes into effect on the date of its publication.

Brasilia, November 14, 2006; 185th of Independence and 118th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the DOU of 11/16/2006

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE KINGDOM OF THAILAND ABOUT TECHNICAL COOPERATION IN SANITARY AND PHYTOSANITARY MEASURES

The Government of the Republic Federative of Brazil

and

The Government of the Kingdom of Thailand

(henceforth denominated?Contracting Parties?),

Wishes to strengthen the objectives of the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization (SPS-WTO Agreement) as well as the international standards, guidelines and recommendations, of the relevant international bodies, such as the Codex Alimentarius Commission, the Office International of Epizootias-OIE and the International Convention on the Protection of Vegetables-CIPV, without changing the appropriate level of protection of health and human, animal and plant life;

Desiring to strengthen the already existing relations between the two countries, by the development of technical cooperation and scientific in the field of sanitary and phytosanitary measures, with views to the protection of human health and the control of the diffusion of infectious diseases of animals and plant pests from the territory of one of the Contracting Parties to the territory of the other Contracting Party;

Considering that this cooperation should facilitate, expand and diversifying the trade of agrolivestock products, including plants and plant products, and animals and products of animal origin;

Wake up with what follows:

ARTICLE I

Inside its sphere of competence, and in accordance with the prevailing laws and regulations in their respective countries, the Contracting Parties should cooperate in the field of the application of Sanitary and Phytosanitary Measures, in particular, adopting the arrangements necessary to prevent the diffusion of infectious diseases and plant pests from the territory of one of the Contracting Parties to the territory of the other Contracting Party, by the transit of animals, plants, their products and byproducts, and facilitating the development, negotiation and completion of adjustments on sanitary and phytosanitary measures for export, import and trade of plants and plant products, and animal and products of animal origin.

ARTICLE II

The cooperation referred to in Article I of this Agreement should be conducted by the Contracting Parties in the following way:

1) Interchange of prevailing laws and regulations or new legislations that include the lists of infectious diseases of the animals and plant pests of the two Contracting Parties;

2) Troca of information on infectious diseases of the animals and plant pests in their said countries in accordance with the requirements of the International Office of Epizootics and the International Convention on the Protection of Vegetables;

3) Exchange of information on measures of control and prophylaxis of infectious diseases of animals and plant pests;

4) Exchange of delegations aiming at the holding of meetings, seminars and missions of knowledge in scientific subjects and practical interest in the field of sanitary and phytosanitary measures;

5) Notification to another Contracting Party on the occurrence and control of infectious diseases of the animals and plant pests, mainly as to their prevalence and outbreaks of these diseases and pests in their territories. The emergency situation must be notified immediately;

6) Cooperate on matters of animal and plant quarantine through the establishment of a Joint Committee on SPS, with a view to facilitating trade between the Contracting Parties, and of contact points of each Contracting Party, which may be indicated by means of exchange of notes diplomatic;

7) Any other form of technical cooperation that has for purpose to promote development in the field of sanitary and phytosanitary measures of the two countries, as agreed by the Contracting Parties.

ARTICLE III

1. In the implementation of this Agreement the Contracting Parties will be able to complete subsidiary adjustments, which will be able to include details such as objectives, work plans, schedule of meetings and technical events, conditions of financing, official participation in international events related to the themes of this Agreement, conclusion of bilateral equesivalence agreements and other modalities, taking into consideration the prevailing international normatises and the objectives of this Agreement.

2. In order to implement the negotiations provided for in this Agreement, representatives of the Contracting Parties shall meet in the Kingdom of Thailand or in the Federative Republic of Brazil, at a time and place mutually agreed upon.

ARTICLE IV

The competent sanitary and phytosanitary authorities for the purposes of implementing this Agreement will be, by the government of the Federative Republic of Brazil, the Ministry of Agriculture, Livestock and Supply, and by the government of the Kingdom of Thailand, the Ministry of Agriculture and Cooperatives.

ARTICLE V

The Contracting Party that sends delegation to the other Contracting Party will cost the expenses of its participating staff of the activities of the joint missions, which include payment of the trips and accommodations. The Contracting Party receiving the missions should provide assistance in the logistical aspects for the delegations unless otherwise decided by the Contracting Parties.

ARTICLE VI

Any third Party will be able to enjoy the benefits advinds of the activities developed within the scope of this Agreement, subject to the written approval of both Contracting Parties. The exchange of information and the provision of information to third parties shall be in accordance with the respective legislations and regulations in their respective countries and their commitments made in International Agreements.

ARTICLE VII

Any dispute or difference between the Contracting Parties arising in connection with the interpretation or application of this Agreement should be resolved amicably upon consultation.

ARTICLE VIII

1. this Agreement shall enter into force in 30 (thirty) days after the date of the second Note that communicates the fulfilment of all internal formalities for its entry into force. The Agreement shall remain in force for a period of 5 (five) years and shall be automatically renewed for successive periods of 5 (five) years until a Contracting Party decides to report it, by means of written notification to another Contracting Party in advance of 6 months of the date of termination of the Agreement.

2. This Agreement may be modified or amended at any time by mutual understanding of the Contracting Parties. The amendments will enter into force as per paragraph 1 of this Article.

3. Notwithstanding the termination of this Agreement, ongoing activities are expected to continue until its completion.

In faith of what, the undersigned, duly authorized by their respective Governments, have signed this Agreement.

Made in Brasília, on June 16, 2004, in two original copies, in the languages Portuguese, Thai and English, being all equally identical texts. In the event of differences in interpretation, the text in English should prevail.

BY THE GOVERNMENT OF THE REPUBLICICAFEDERATIVA DO BRASIL Celso Amorim Minister of State for Foreign Relations

BY THE GOVERNMENT OF THE REINODA THAILAND Surakiart Sathirathai Minister of Foreign Affairs