(a) conservation and sustainable use of biological diversity;
(b) the protection and preservation of ecosystems and ecosystem services;
(c) access to genetic resources and the sharing of benefits arising from their utilization; and
(d) the bioeconomy as an alternative for production and development based on the sustainable use of biodiversity.
Article 17.11. Indigenous Peoples and Local Communities
1. The Parties recognize the contribution of indigenous peoples and local communities, as defined in accordance with their respective legal systems, as well as traditional knowledge, to the promotion of sustainable development, including in the environmental field, and the importance of promoting trade that is inclusive and that can strengthen this contribution.
2. The Parties shall seek to exchange information and experiences and cooperate in areas of mutual interest, such as the participation of indigenous peoples and local communities and the consideration of their traditional knowledge in environmental management and trade, and the promotion of the contributions that these communities make to sustainable development.
Article 17.12. Invasive Alien Species
1. The Parties recognise that the transboundary movement of terrestrial and aquatic alien invasive species through trade-related pathways can adversely affect the environment, economic activities and development, and human health. The Parties also recognise that the prevention, detection, control and, where possible, eradication of alien invasive species are fundamental strategies for managing such adverse impacts.
2. The Committee on Trade and Environment shall coordinate with the Committee on Sanitary and Phytosanitary Measures established under Article 7.12 (Committee on Sanitary and Phytosanitary Measures) to identify opportunities for cooperation to exchange information and management experiences on the movement, prevention, detection, control and eradication of alien invasive species, with a view to enhancing efforts to assess and address the risks and adverse impacts of alien invasive species.
Article 17.13. Sustainable Forest Management and Associated Trade
1. The Parties recognize the importance of management and conservation, including sustainable management of forests, for sustainable development.
2. In accordance with their international obligations on forestry matters and their legal systems, the Parties undertake to:
(a) encourage trade in forest products to be legally sourced and to come from sustainably managed forests;
(b) implement measures to control illegal logging in their respective territories;
(c) promote the use of certification schemes for timber products from sustainably managed forests, in accordance with the provisions of Article 17.9.
(d) exchange information and, as appropriate, cooperate on initiatives to promote forest management, including initiatives aimed at combating illegal logging and promoting sustainable forest management, inter alia, through the development and use of technology and specialized machinery for the purpose; and
(e) cooperate, as appropriate, in international fora dealing with the conservation, restoration and sustainable management of forests, with a view to sustainable development.
Article 17.14. Sustainable Agriculture
1. The Parties recognize the increasing impact that global changes such as climate change, biodiversity loss, land degradation, droughts and the emergence of new pests and diseases have on the development of productive sectors such as agriculture, livestock and forestry.
2. Parties recognize the importance of strengthening policies and developing programmes that contribute to the development of more productive, sustainable, inclusive and resilient agricultural systems.
3. The Parties shall share information and experiences in the development and implementation of integrated policies aimed at incorporating the pillars of sustainable agricultural development. In this sense, the Parties will seek to improve agricultural productivity considering the protection and sustainable use of ecosystems and natural resources, including water, soil and air, biodiversity and ecosystem services, enhancing their contribution to the well-being of society. All of the above in order to contribute to the effective adaptation and mitigation of the agricultural, forestry and food sector to global changes.
Article 17.15. Marine Capture Fisheries (4)
1. The Parties recognize their role as consumers, producers and traders of fishery products, and the importance of the marine fisheries sector for their development and for the livelihoods of their fishing communities, including artisanal and small-scale fisheries.
The Parties also recognize that ensuring the availability of fishery resources is a challenge facing the international community. Therefore, the Parties recognize the importance of taking measures aimed at the conservation and sustainable management of fisheries.
2. The Parties recognize that inadequate fisheries management, certain forms of fisheries subsidies that contribute to overfishing and overcapacity, as well as illegal, unreported and unregulated (5) fishing (hereinafter referred to as "IUU fishing"), can have significant negative impacts on trade, development and the environment, and recognize the need for individual and collective action to address the problems of overfishing and unsustainable use of fisheries resources.
3. In developing and implementing conservation and management measures, Parties shall take into account social, commercial, developmental and environmental concerns and the importance of artisanal or small-scale fisheries to the livelihoods of local fishing communities.
4. Each Party shall maintain a fisheries management system that regulates wild marine capture fisheries and is designed to:
(a) prevent overfishing and overcapacity;
(b) reduce bycatch of particularly vulnerable non-target species;
(c) promote the recovery of overfished stocks for all marine fisheries on which fishing activities are conducted, and
(d) promote fisheries management based on the precautionary principle and with an ecosystem approach, including through cooperation among Parties.
Such a management system shall be based on the best available scientific information and internationally recognized good practices for fisheries management and conservation, as reflected in the relevant provisions of international instruments in order to ensure the sustainable use and conservation of marine species (6).
5. Each Party shall promote the long-term conservation of sharks, sea turtles, seabirds and marine mammals, through the implementation and effective enforcement of conservation and management measures, including the collection of relevant information; use of bycatch mitigation measures, or prohibitions, as appropriate, in accordance with relevant international agreements to which the Party is a party.
6. In support of efforts to combat IUU fishing practices and to help deter trade in products of species harvested by such practices, each Party shall:
(a) cooperate to identify needs and build capacity to support the implementation of this Article;
(b) support systems for monitoring, control, surveillance, compliance and enforcement, including through the adoption or revision, as applicable, of measures to:
(i) deter vessels flying its flag and its nationals from engaging in IUU fishing activities, and
(ii) combat the transhipment at sea of fish or fishery products caught through IUU fishing activities, in accordance with their legal system;
(c) implement port State measures, and
(d) implement conservation and management measures established by regional fisheries management organizations of which the Parties are Cooperating Non-Members, including catch documentation schemes, as applicable under their current rules of procedure.
7. Each Party shall, to the extent possible, provide the opportunity to comment on draft measures designed to prevent trade in fishery products resulting from IUU fishing.
Article 17.16. Trade and Wildlife
1. The Parties affirm the importance of combating illegal trade in wildlife and recognize that such trade undermines efforts to conserve and sustainably manage these natural resources.
The 2001 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing and the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
2. Accordingly, each Party reaffirms its commitments to implement its obligations under the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as "CITES").
3. The Parties undertake to promote the conservation of and combat illegal trade in wild fauna and flora. To this end:
(a) each Party shall promote the listing of species of wild flora and fauna in the CITES Appendices when the threat factor is international trade and their survival, and the other criteria defined by CITES for such purposes are met.
(b) the Parties shall exchange information and experiences on matters of mutual interest related to combating illegal trade in wild fauna and flora.
(c) Parties shall, as appropriate, undertake joint activities on conservation matters of mutual interest, including through relevant regional and international fora.
Article 17.17. Trade and Climate Change
1. The Parties recognize that climate change poses significant risks to communities, infrastructure, the economy, the environment and human health, with potential implications for international trade, and that efforts are required to build resilience. The Parties also reaffirm their respective commitments under the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2016 Paris Agreement.
2. In accordance with the above, each Party shall:
(a) promote the contribution of trade to sustainable development and the transition to a sustainable low-emission economy and climate-resilient development, and
(b) promote actions on climate change mitigation and adaptation.
3. The Parties recognize, in the context of sustainable development, that different economic, social and environmental policy instruments are available to achieve national climate change adaptation and mitigation objectives and to support the achievement of their international climate change commitments. Parties may share information and experiences in the development and implementation of such instruments. In particular, the Parties recognize that there are important areas of collaboration between them on climate change adaptation and mitigation.
4. Pursuant to Article 17.18, the Parties shall cooperate to address matters of common interest. Areas of cooperation may include, inter alia: climate governance and institutions; sustainable consumption and production and climate change; air quality co-benefits of greenhouse gas control measures; climate change mitigation and adaptation; resilient water management; sustainable agriculture; energy efficiency; research and development of cost- effective low-emission technologies; development of alternative, clean and renewable energy sources; solutions to deforestation and forest degradation; restoration of degraded areas; Measurement, Reporting and Verification (MRV) of greenhouse gas (GHG) emissions; methodologies for GHG emission reduction accounting under international agreements; control of pest and disease spread; preparedness and action for extreme events related to climate change, such as forest fires, drought and desertification.
Article 17.18. Cooperation
1. The Parties recognize the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits, and to strengthen the Parties' joint and individual capacities to protect the environment and to promote sustainable development, while strengthening their trade and investment relations.
2. Taking into account their priorities, national circumstances and available resources, the Parties shall cooperate to address matters of mutual interest related to the implementation of this Chapter and may include international bodies and organizations or non-governmental organizations in this cooperation.
3. Each Party may share its priorities for cooperation and propose cooperative activities related to the implementation of this Chapter.
4. Where possible and appropriate, Parties shall seek to complement and use their existing cooperative mechanisms and take into account the relevant work of regional and international organizations.
5. Cooperation may be carried out through various means, including dialogues, workshops, seminars, conferences, collaborative programs and projects, technical assistance to promote and facilitate cooperation and training, the exchange of best practices in policies and procedures, and the exchange of experts.
6. Each Party shall, as appropriate, promote public participation in the development and implementation of cooperative activities.
7. All cooperative activities under this Chapter are subject to the availability of funds and human and other resources, as well as to the legal system of the Parties. The Parties shall decide, on a case-by-case basis, on the financing of cooperative activities.
Article 17.19. Institutional Arrangements
1. In order to facilitate communication between the Parties for purposes of this Chapter, each Party shall designate and notify, within six (6) months of the date of entry into force of this Agreement, a contact point which, in the case of Chile, shall be within the Ministry of Environment and/or the Undersecretariat of International Economic Relations of the Ministry of Foreign Affairs or its legal successors and which, in the case of Ecuador, shall be within the Ministry of Environment and/or the Vice Ministry of Foreign Trade of the Ministry of Production, Foreign Trade, Investment and Fisheries, or its legal successors. Each Party shall notify the other, as soon as possible, of any change in the point of contact.
2. The Parties may exchange information by any means of communication, including the Internet and videoconferencing.
3. The Parties establish the Committee on Trade and Environment (hereinafter referred to as the "Committee"), which shall be composed of high-level government representatives of institutions in charge of environmental and foreign trade issues, or their designees. In addition, high-level representatives of other governmental entities related to the issues to be discussed, or by whom they may designate, may be invited to form part of the Committee. The Committee shall meet in person or by technological means, every two (2) years, unless the Parties agree otherwise.
4. The Committee shall have the following functions:
(a) dialogue on the implementation of this Chapter;
(b) identify potential areas of cooperation, consistent with the objectives of this Chapter;
(c) report to the Commission on the implementation of this Chapter, if necessary, and
(d) consider matters referred by Parties under Article 17.21. 5. All decisions and reports of the Committee shall be made by consensus, unless otherwise agreed by the Committee or provided in this Chapter.
Article 17.20. Trade and Environment Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter, and shall make every effort through dialogue, consultation, exchange of information and, as appropriate, cooperation, to address any matter that may affect the operation of this Chapter.
2. A Party may request consultations on trade and environment with the other Party, at the contact point level, on any matter arising under this Chapter by delivering a written request to the contact point of the other Party. The consulting Party shall include information that is specific and sufficient to enable the consulted Party to respond, including identification of the matter at issue and an indication of the legal basis for the request under the provisions of this Chapter.
3. The requested Party, through its point of contact, shall acknowledge receipt of the request, in writing, no later than seven (7) days after the date of its receipt.
4. Unless the Parties agree otherwise, they shall enter into consultations, through their contact points, within ninety (90) days from the date of receipt of the request referred to in paragraph 2.
5. The Parties, through their contact points, shall make every effort to reach a mutually satisfactory resolution of the matter, which may include appropriate cooperative activities. The Parties, jointly, may seek advice or assistance from any person or body they deem appropriate for the purpose of considering the matter.
6. If the Parties, through their contact points, are able to resolve the matter, they shall document the outcome, including, if appropriate, the specific steps and timelines agreed. The Parties, through their contact points, shall prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless they agree otherwise.
Article 17.21. Consultations In the Framework of the Committee on Trade and Environment
1. If the Parties are unable to resolve the matter through consultations at the level of contact points within ninety (90) days of the expiration of the time limit set out in Article 17.20.4, either Party may request in writing that the Committee meet to consider the matter, including in its request a record of the discussions held at the level of contact points and the information exchanged.
2. The Committee shall meet no later than sixty (60) days from the date of receipt of the request, unless the Parties agree otherwise, and shall seek to resolve the matter, including, if appropriate, through consultation with independent experts mutually agreed by the Parties.
3. Consultations under this Article shall be confidential and shall take place in the capital of the consulted Party, unless the Parties agree otherwise.
4. If the Committee succeeds in resolving the matter, it shall document the outcome, including, if appropriate, the specific steps and timelines agreed upon. The Committee shall prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless the Parties agree otherwise.
Article 17.22. Ministerial Consultations
If the Committee fails to resolve the matter within ninety (90) days of the date of the meeting referred to in Article 17.20.2, the Parties may refer the matter to the relevant Ministers, who shall seek to resolve the matter.
Article 17.23. Termination of Consultations
The Parties shall agree on a report reflecting the outcome of consultations held pursuant to Articles 17.20, 17.21 and 17.22, and undertake to implement within a reasonable time the conclusions and recommendations thereof.
Article 17.24. Non-Application of Dispute Resolution
No Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) with respect to any matter arising under this Chapter.
However, the Parties may at any time have recourse to procedures such as good offices, conciliation, and mediation, as set out in Article 22.5 (Alternative Dispute Resolution).
Chapter 18. TRADE AND GENDER
Article 18.1. General Provisions
1, The Parties recognize the importance of gender mainstreaming in promoting inclusive economic growth, and the fundamental role that gender policies can play in achieving sustainable economic development, which aims, inter alia, to distribute the benefits among the entire population by providing equal opportunities for men and women in the labour market, business, trade and industry.
2. Parties recall Goal 5 of the Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development, which is to achieve gender equality and empower all women and girls.
3. The Parties reaffirm the importance of promoting gender equality policies and practices and strengthening the capacity of Parties in this area, including in non-governmental sectors, to promote equal rights, treatment and opportunities for men and women and the elimination of all forms of discrimination and all forms of violence against women.
4. The Parties recognize that international trade and investment are engines of economic growth, and that improving women's access to opportunities and removing barriers in their countries enhances their participation in both the national and international economy and contributes to sustainable economic development.
5. The Parties recognize that increasing women's participation in the labour market and their economic empowerment, as well as facilitating their access to and ownership of economic resources, contribute to sustainable and inclusive economic growth, prosperity, competitiveness and the well-being of society as a whole.
6. The Parties reaffirm the commitments made in the Joint Declaration on Trade and Women's Economic Empowerment on the occasion of the WTO Ministerial Conference in Buenos Aires in December 2017, which aims to achieve the elimination of barriers to women's economic empowerment and increase women's participation in trade.
Article 18.2. Shared Commitments
1. The Parties affirm their commitment to adopt, maintain and implement their laws, regulations, policies and best practices on gender equality.
2. Each Party shall promote public awareness of its gender equality laws, regulations, policies and practices, as well as its activities under this Chapter.
3. Each Party, in accordance with its priorities and interests, reserves the right to establish, amend and enforce its laws, regulations and policies on gender equality.
Article 18.3. International Agreements
1. Each Party reaffirms its commitment to implement its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the United Nations General Assembly on 18 December 1979.
2. Each Party reaffirms its commitment to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Para), adopted by the General Assembly of the Organization of American States on September 6, 1994.
3. Each Party reaffirms its commitment to implement the 1995 Beijing Declaration and Platform for Action on the Rights of Women and Girls and their Empowerment, in particular with regard to the area of Women and the Economy.
4. Each Party reaffirms its commitment to implement the obligations contained in other international agreements to which it is a party, which refer to gender equality or women's tights, in particular those related to equal pay for men and women, maternity protection, reconciliation of work and family life, among others.
Article 18.4. Cooperative Activities
1. The Parties recognize the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage women's participation in the national and international economy.
2. The Parties shall undertake cooperative activities designed to enhance the capacities and conditions for women, including women workers, entrepreneurs and businesswomen, to access and fully benefit from the opportunities created by this Agreement. These activities shall be carried out with the inclusive participation of women.
3. Cooperative activities shall be carried out on issues and topics agreed upon by the Parties through interaction with their respective governmental institutions, private sector entities, educational or research institutions, other non-governmental bodies and their representatives, as appropriate.
4. Areas of cooperation may include:
(a) programmes and initiatives to maximize the positive impacts of increased participation of women in international trade;
(b) activities to promote, disseminate and raise awareness of the importance of gender equality for sustainable economic growth and its relevance for trade policy;
(c) joint programmes and activities developed or funded under the WTO and other international organizations, where appropriate, to promote the export of women-led enterprises and entrepreneurship, as well as to maximize the positive impacts of increasing women's participation in international trade;
(d) programmes to promote the full participation and advancement of women in society by building capacity and enhancing the skills of women in the workplace, in business and at senior levels in all sectors of society, including on corporate boards;
(e) activities aimed at promoting women's full participation in the economy, primarily by encouraging their participation, leadership and education in underrepresented fields such as Science, Technology, Engineering and Mathematics (STEM), as well as in innovation and business.
(f) programs to promote women's financial education and inclusion, as well as access to finance and financial assistance;
(g) programs to promote women's leadership, as well as the development of women's networks;
(h) development of best practices and standards to promote gender equality within companies and the inclusion of women in working life and business, including those aimed at promoting the reconciliation of family, personal and working life.
(i) promoting women's participation in decision-making positions in the public and private sectors;
(j) promotion of women's entrepreneurship including support for programmes to boost women-led exports;
(k) programmes aimed at greater inclusion of women in vulnerable situations in trade;
(l) a exchange of information on each Party's experiences with respect to the establishment and implementation of policies and programs that address gender issues, in order to achieve the greatest possible benefit under this Agreement;
(m) exchange of information on experiences and lessons learned by the Parties through cooperative activities carried out under this Article;
(n) sharing methods and procedures for the collection and analysis of trade- related sex-disaggregated data, and (fi)other matters agreed by the Parties.
5. The Parties may carry out activities in the areas of cooperation set out in paragraph 4 through:
(a) workshops, seminars, dialogues and forums to exchange knowledge, experiences and good practices;
(b) internships, visits and research studies to document and study policies and good practices;
(c) collaborative research and development of projects and best practices on issues of mutual interest;
(d) specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) other activities agreed by the Parties.
6. Parties may invite and involve international donor institutions, private sector entities, non-governmental organizations or other relevant institutions, as appropriate, to assist in the development and implementation of specific activities.
7. Priorities for cooperative activities shall be decided by the Parties on the basis of their interests and available resources.
Article 18.5. Trade and Gender Committee
1. The Parties establish a Trade and Gender Committee (hereinafter referred to as the "Committee") composed of high-level government representatives within ministries or other government institutions responsible for trade and gender issues, as designated by each Party.
2. The Committee shall:
(a) identify, organize and facilitate cooperative activities under Article 18.4;
(b) report and make recommendations to the Commission on any matter related to this Chapter;
(c) discuss joint proposals to support policies on trade and gender;
(d) consider matters related to the implementation and operation of this Chapter;
(e) at the request of a Party, consider and discuss any matter that may arise regarding the interpretation and application of this Chapter;
(f) establish a work plan integrating the cooperative activities set out in Article 18.4.4, and
(g) carry out such other work as may be determined by the Parties.