New Zealand - United Kingdom FTA (2022)
Categories

(f) conservation and management measures in place for the relevant fish stock; and

(g) total imports and exports per species.

12. Each Party shall also provide, to the extent possible, information in relation to other fisheries subsidies that the Party grants or maintains that are not covered by paragraph 6, for example, fuel subsidies.

13. A Party may request additional information from the notifying Party regarding the notifications under paragraphs 10 and 11. The notifying Party shall respond to that request in writing as quickly as possible and in a comprehensive manner. In the event that any requested information is not provided by the notifying Party, that Party shall explain the absence of such information in its response.

14. A Party shall meet the notification requirements of the preceding paragraphs through:

(a) notification under Article 25 of the SCM Agreement; or

(b) publication, by the Party or on its behalf, on a publicly accessible website. The website address on which this publication is made shall be communicated to the other Party in each instance.

15. The Parties recognise the importance of concerted international action to address IUU fishing as reflected in regional and international instruments. (14) In support of efforts to combat IUU fishing practices and to help prevent, deter, and eliminate trade in products from species harvested from those practices, each Party shall:

(a) implement monitoring, control, surveillance, compliance, and enforcement systems, including by adopting, reviewing, or revising, as appropriate, effective measures to:

(i) deter vessels that are flying its flag (15) and its nationals from engaging in IUU fishing activities and take effective action in response to IUU fishing where it occurs; and

(ii) deter exporters, importers, trans-shippers, buyers, consumers, equipment suppliers, bankers, insurers, and other services suppliers and the public from doing business with vessels or operators engaging in IUU fishing, such as through measures prohibiting such business;

(b) cooperate with regard to electronic traceability and certification, and exchange of information and assistance with a particular focus on the New Zealand/United Kingdom IUU exchange of letters; (16)

(c) implement port State measures including through actions consistent with the Port State Measures Agreement; (17) and

(d) act consistently with conservation and management measures, including catch documentation schemes, of Regional Fisheries Management Organisations where that Party is not a member, so as not to undermine them.

16. The Parties shall cooperate bilaterally, regionally, and in international fora to further the objective of sustainable development on international fisheries and related trade issues, including bycatch reduction, combatting IUU fishing and the trade in IUU products, and strengthening international rules on and transparency of fisheries subsidies.

17. The Parties agree to coordinate and collaborate on compliance activities and research with regard to fisheries under the jurisdiction of Regional Fisheries Management Organisations and Arrangements in which both Parties operate.

18. The Parties shall afford appropriate recognition of the sustainability and fisheries compliance performance of each other's vessels and operators in the consideration of their applications for foreign fishing licences.

(4) For greater certainty, this Article does not apply with respect to aquaculture or inland fishing.
(5) The term "illegal, unreported and unregulated fishing" is to be understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing of the UN Food and Agricultural Organisation ("FAO") done at Rome on 2 March 2001 ("2001 IUU Fishing Plan of Action").
(6) These instruments include, as they may apply, the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 ("UNCLOS"), the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks done at New York on 4 December 1995 ("UN Fish Stocks Agreement"), the FAO Code of Conduct for Responsible Fisheries adopted on 31 October 1995, the 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas done at Rome on 24 November 1993 ("Compliance Agreement"), and the 2001 IUU Fishing Plan of Action.
(7) For the purposes of this Article, a subsidy shall be attributable to the Party conferring it, regardless of the flag of the vessel involved or the application of mules of origin to the fish involved.
(8) For the purposes of this paragraph, "fishing" means searching for, attracting, locating, catching, taking or harvesting fish, or any activity which can reasonably be expected to result in the attracting, locating, catching, taking or harvesting of fish.
(9) The negative effect of those subsidies shall be determined based on the best scientific evidence available.
(10) For the purposes of this Article, a fish stock is overfished if the stock is at such a low level that mortality from fishing needs to be restricted to allow the stock to rebuild to a level that produces maximum sustainable yield or alternative reference points based on the best scientific evidence available. Fish stocks that are recognised as overfished by the national jurisdiction where the fishing is taking place or by a relevant Regional Fisheries Management Organisation shall also be considered overfished for the purposes of this paragraph.
(11) The term "fishing vessel" refers to any vessel, ship or other type of boat used for, equipped to be used for, or intended to be used for fishing or fishing-related activities.
(12) The term "fishing-related activities" means any operation in support of, or in preparation for, fishing, including the landing, packaging, processing, trans-shipping, or transporting of fish that have not been previously landed at port, as well as the provisioning of personnel, fuel, gear, and other supplies at sea.
(13) Sharing information and data on existing fisheries subsidy programmes does not prejudge their legal status, effects, or nature under the GATT 1994 or the SCM Agreement and is intended to complement WTO data reporting requirements.
(14) Regional and international instruments include, as they may apply, the 2001 IUU Fishing Plan of Action, the 2005 Rome Declaration on Illegal, Unreported and Unregulated Fishing done at Rome on 12 March 2005 ("Declaration on IUU"), the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing done at Rome on 22 November 2009 ("PSMA"), as well as instruments establishing and adopted by Regional Fisheries Management Organisations, which are defined as intergovernmental fisheries organisations or arrangements, as appropriate, that have the competence to establish conservation and management measures.
(15) For the purposes of this paragraph, for the United Kingdom, "vessels that are flying its flag" is to be understood to mean vessels that are both flying the United Kingdom flag and registered on the United Kingdom register of British ships.
(16) The exchange of letters recording understandings reached between New Zealand and the United Kingdom on Catch Certification for Fisheries Products Imported into the United Kingdom of 9 December 2020 and 18 December 2020, respectively.
(17) PSMA.

Article 22.10. Sustainable Agriculture

1. The Parties recognise the increasing impact that global challenges to kaitiakitanga of mauri such as land degradation, drought, the emergence of new pests and diseases, climate change, and loss of biodiversity, have on the development of productive sectors such as agriculture.

2. Recalling Sustainable Development Goal 2 of the 2030 Agenda, the Parties also recognise the importance of strengthening and implementing policies that contribute to the development of more productive, sustainable, inclusive, and resilient agricultural systems.

3. Accordingly, each Party shall:

(a) take measures to, and promote efforts to, reduce greenhouse gas emissions from agricultural production; and

(b) promote sustainable agriculture and associated trade.

4. Consistent with Article 22.19 (Cooperation), the Parties shall cooperate on the development and the implementation of integrated policies that promote sustainable agriculture consistent with Sustainable Development Goal 2 and the Parties' specific circumstances. Areas of cooperation may include:

(a) encouraging sustainable methods of improving agricultural productivity;

(b) integrating the protection and sustainable use of ecosystems and natural resources in agricultural systems;

(c) adaptation and resilience to climate change in relation to agriculture; and

(d) research and collaboration on methods to measure and reduce emissions from agriculture.

Article 22.11. Sustainable Forest Management

1. The Parties recognise the importance of:

(a) kaitiakitanga in the conservation of the mauri, and the conservation and sustainable management, of forests and the sustainable production of forest products in providing environmental and ecosystem services; economic and social benefits and opportunities for present and future generations including by addressing climate change and reducing biodiversity loss; and the role of trade in pursuing this objective; and

(b) combatting illegal logging, illegal deforestation and forest degradation, and associated trade, including with respect to non- parties.

2. The Parties acknowledge their role as consumers, producers, and traders of forest products, and the importance of sustainable supply chains for forest products and commodities that can generally be associated with deforestation in addressing greenhouse gas emissions and biodiversity loss and achieving sustainable forest management.

3. Accordingly, each Party shall:

(a) promote the conservation and sustainable management of forests;

(b) contribute to combatting illegal logging, illegal deforestation, and associated trade, including with respect to non-parties;

(c) promote trade in forest products harvested in accordance with the law of the country of harvest and from sustainably managed forests;

(d) promote trade in legally and sustainably produced commodities which could otherwise be associated with deforestation; and

(e) endeavour to reduce deforestation and forest degradation, including from land use and land use change.

4. In accordance with Article 22.19 (Cooperation) the Parties shall cooperate on ways to promote sustainable forest management and land use practices in support of the Sustainable Development Goals of the 2030 Agenda. Such cooperation may include:

(a) initiatives designed to combat illegal logging, illegal deforestation and forest degradation, and associated trade, including assurance schemes;

(b) the encouragement of sustainable supply chains for forest products and commodities that can generally be associated with deforestation;

(c) methodologies for the assessment and monitoring of supply chains for forest products and commodities that can generally be associated with deforestation; and

(d) policies on sustainable supply chains.

Article 22.12. Conservation of Biological Diversity

1. The Parties recognise the role that terrestrial and marine biological diversity plays in achieving sustainable development, including through the provision of ecosystem services and genetic resources, and the importance of conservation and sustainable use of biological diversity. The Parties recognise that climate change can contribute to biodiversity loss, and that biologically diverse ecosystems including marine ecosystems can adapt better to the impacts of climate change and help to mitigate climate change through the natural sequestration and storage of carbon.

2. The Parties also recognise the importance of respecting, protecting, preserving, and maintaining knowledge, innovations, and practices of Maori in the case of New Zealand, embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity.

3. The Parties acknowledge that threats to terrestrial and marine biological diversity include climate change, illegal take of and illegal trade in wild flora and fauna, the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways, habitat degradation and destruction, pollution, and unsustainable use.

4. The Parties further recognise the particular harms caused to conservation from the illegal trade in ivory, and the importance of appropriate regulation of domestic markets worldwide for ivory and goods containing ivory as a means of supporting international conservation efforts.

5. The Parties affirm their commitment to implement CITES (18) and shall endeavour to implement, as appropriate, CITES resolutions that aim to protect and conserve species whose survival is threatened by international trade.

6. Accordingly, each Party shall:

(a) take measures to combat the illegal trade in wildlife, including with respect to non-parties as appropriate;

(b) take appropriate measures to protect and conserve native wild fauna and flora that it has identified to be at risk including from trade-related activities within its territory, including by taking measures to conserve the ecological integrity of specially protected natural areas;

(c) continue efforts to combat the illegal trade in ivory, including through appropriate domestic restrictions on commercial activities concerning ivory and goods containing ivory;

(d) promote and encourage the conservation and sustainable use of biodiversity including in trade-related activities, in accordance with its law or policy; and

(e) promote the conservation of marine ecosystems and species, including those in the areas beyond national jurisdiction.

7. In accordance with Article 22.19 (Cooperation) the Parties may cooperate on matters of mutual interest such as:

(a) protection of terrestrial and marine ecosystems and ecosystem services, including marine ecosystems and species in areas beyond national jurisdiction from trade-related impacts;

(b) combatting illegal take of and illegal trade in or unsustainable use of wild flora and fauna, including through consultation with interested non-government entities;

(c) opportunities to encourage non-party efforts to close their domestic ivory markets;

(d) sharing information and management experiences on the movement, prevention, detection, control, and eradication of invasive alien species, with a view to enhancing efforts to assess and address the risks and adverse impacts of invasive alien species;

(e) access to genetic resources and the fair and equitable sharing of benefits from their utilisation consistent with the objectives of the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992; and

(f) identifying opportunities, consistent with their respective law and in accordance with applicable international agreements, to enhance law enforcement cooperation and information sharing.

(18) For the purposes of this Article, CITES includes existing and future amendments, as well as any existing and future reservations, exemptions, and exceptions, that are applicable to a Party.

Article 22.13. Resource Efficient and Circular Economy

1. The Parties recognise that the transition towards a circular economy and greater resource efficiency can reduce adverse environmental and climate impacts of products and production processes, improve resource security, and contribute to their respective efforts to achieve their international commitments, including Sustainable Development Goal 12 of the 2030 Agenda. The Parties further recognise the role that trade can play in achieving this transition through trade in second-hand goods, end-of-life products, secondary materials or waste, as well as trade in related services.

2. The Parties also recognise that policy objectives to facilitate the transition to a resource efficient and circular economy include: extending product lifetimes; increasing the proportion of materials and products that are reused and recycled; and reducing waste throughout supply chains.

3. Accordingly, each Party shall:

(a) encourage resource efficient product design, including the designing of products to be easier to reuse, dismantle, or recycle at end of life;

(b) encourage environmental labelling, including eco-labelling, to make it easier for consumers to make more sustainable choices;

(c) endeavour to avoid the generation of waste, including electronic waste, by encouraging reuse, repair, and remanufacture as well as the recycling of waste where it does occur, and strive to reduce the amount of waste sent to landfill; and

(d) encourage relevant public entities to consider the policy objectives in paragraph 2 in their purchasing decisions in accordance with Article 16.10 (Environmental, Social, and Labour Considerations - Government Procurement).

4. In accordance with Article 22.19 (Cooperation) the Parties shall cooperate on ways to encourage a transition towards a resource efficient and circular economy, which may include:

(a) policies and practices to encourage the shift to a resource efficient and circular economy;

(b) promoting and facilitating trade that contributes to a resource efficient and circular economy, including trade in secondary materials and used goods, and goods for repair, reuse, and remanufacture; and

(c) resource efficient product design and related product information and quality standards for secondary materials and goods.

Article 22.14. Ozone Depleting Substances and Hydrofluorocarbons

1. The Parties recognise that emissions of ozone depleting substances can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment. The Parties further recognise that the continued consumption and emission of ozone depleting substances and hydrofluorocarbons can undermine efforts to address global environmental challenges including climate change.

2. Accordingly, each Party shall: take measures to control the production and consumption of, and trade in, substances controlled by the Montreal Protocol; (19) (20) (21) pursue a more ambitious phase-down of hydrofluorocarbons; and endeavour to reduce the use of pre-charged equipment containing hydrofluorocarbons.

3. Consistent with Article 22.19 (Cooperation) the Parties shall cooperate to address matters of mutual interest related to ozone-depleting substances and hydrofluorocarbons which may include:

(a) environmentally friendly alternatives to ozone-depleting substances and hydrofluorocarbons and barriers to their uptake;

(b) refrigerant management practices, policies, and programmes, including lifecycle management of coolants and refrigerants;

(c) methodologies for stratospheric ozone measurements;

(d) combating illegal trade in ozone-depleting substances and hydrofluorocarbons; and

(e) emerging technologies for sustainable heat pumps, cooling, and refrigeration that use environmentally friendly refrigerants.

(19) For greater certainty, this provision pertains to substances controlled by the Montreal Protocol and any existing amendments or adjustments to the Montreal Protocol, including the Kigali Amendment done at Kigali on 15 October 2016 ("Kigali Amendment"), and any future amendments or adjustments to which the Parties are party.
(20) A Party shall be deemed in compliance with this provision if it maintains the measure or measures implementing its obligations under the Montreal Protocol (for New Zealand, the Ozone Layer Protection Act 1996, for the United Kingdom, Regulation (EC) 1005/2009 as it applies in Great Britain as retained EU law and as it applies in Northern Ireland directly, and Regulation (EU) 517/2014 as it applies in Great Britain as retained EU law, and as it applies in Northern Ireland directly, as amended by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment Act) (EU Exit) Regulations 2019 and The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment Act) (EU Exit) Regulations 2020), or any subsequent measure or measures, including any amendments to the measure or measures listed, that provide an equivalent or higher level of environmental protection as the measure or measures listed.
(21) If compliance with this provision is not established pursuant to footnote 20, to establish a violation of this provision, a Party must demonstrate that the other Party has failed to take measures to control the production and consumption of, and trade in, substances controlled by the Montreal Protocol in a manner that is likely to result in adverse effects on human health and the environment, in a manner affecting trade or investment between the Parties.

Article 22.15. Air Quality

1. The Parties recognise that air pollution is a serious threat to public health and ecosystem integrity, and note that reducing air pollution can help reduce emissions of greenhouse gases and contribute to addressing climate change and other environmental problems. Accordingly, the Parties recognise the value of an integrated approach in addressing air pollution and climate change.

2. Noting that some production, consumption, and transport activities can cause air pollution and that air pollution can travel long distances, the Parties recognise the importance of reducing domestic and transboundary air pollution, and that cooperation can be beneficial in achieving these objectives. To that end, each Party shall endeavour to reduce air pollution.

3. In accordance with Article 22.19 (Cooperation) the Parties shall cooperate to address matters of mutual interest with respect to air quality, which may include:

(a) ambient air quality planning;

(b) modelling and monitoring, including spatial distribution of main sources and their emissions;

(c) measurement and inventory methodologies for air quality and emissions' measurements; and

(d) reduction, control, and prevention technologies and practices.

Article 22.16. Protection of the Marine Environment from Ship Pollution and Marine Litter

1. The Parties recognise the importance of:

(a) protecting and preserving the marine environment and the impact of pollution from ships on climate change; and

(b) taking action to prevent and reduce marine litter, including plastics and microplastics, in order to preserve marine and coastal ecosystems, prevent the loss of biodiversity, and mitigate marine litter's costs and impacts, including impacts on human health.

2. Accordingly, each Party shall:

(a) take measures to prevent the pollution of the marine environment from ships; (22) (23) (24) and

(b) take measures to prevent and reduce marine litter, recognising the global nature of the challenge of marine litter.

3. Recognising that the Parties are taking action to address marine litter in other fora, in accordance with Article 22.19 (Cooperation) the Parties shall cooperate to address matters of mutual interest with respect to combatting pollution of the marine environment from marine litter and ships, which may include:

(a) addressing land and sea based pollution, including accidental and deliberate pollution from ships, and pollution from routine operations of ships;

(b) promoting waste management infrastructure, including the development of technologies to minimise ship-generated waste;

(c) adequacy of port waste reception facilities;

(d) advancing efforts related to abandoned, lost, or otherwise discarded fishing gear;

(e) circular economy measures relevant to addressing marine litter;

(f) increased protection in special areas; and

(g) enforcement measures including notifications to flag states and as appropriate by port states.

(22) For greater certainty, this provision pertains to pollution regulated by the International Convention for the Prevention of Pollution from Ships done at London on 2 November 1973, as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ship done at London on 17 February 1978, and the Protocol of 1997 to Amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto, done at London on 26 September 1997 ("MARPOL Convention"), and any existing and future amendments to the MARPOL Convention to which the Parties are party.
(23) A Party shall be deemed in compliance with this provision if it maintains the measure or measures implementing its obligations under the MARPOL Convention (for New Zealand, the Maritime Transport Act 1994; for the UK, the Merchant Shipping Act 1995 and regulations made under the Act) or any subsequent measure or measures, including any amendments to the measure or measures listed, that provide an equivalent or higher level of environmental protection as the measure or measures listed.
(24) If compliance with this provision is not established pursuant to footnote 23, to establish a violation of this provision, a Party must demonstrate that the other Party has failed to take measures to prevent the pollution of the marine environment from ships, in a manner affecting trade or investment between the Parties.

Article 22.17. Voluntary Mechanisms to Enhance Environmental Performance

1. The Parties recognise that flexible, voluntary mechanisms, for example, voluntary auditing and reporting, market-based incentives, voluntary sharing of information and expertise, and public-private partnerships, can contribute to the achievement and maintenance of high levels of environmental protection and complement domestic regulatory measures. The Parties acknowledge that those mechanisms should be designed in a manner that maximises their environmental benefits and avoids the creation of unnecessary barriers to trade.

2. With respect to paragraph 1, each Party shall, in accordance with its laws, regulations, or policies, and to the extent it considers appropriate, encourage:

(a) the use of flexible and voluntary mechanisms to protect natural resources and the environment in its territory; and

(b) its relevant authorities, businesses and business organisations, non-governmental organisations, and other interested persons involved in the development of criteria used to evaluate environmental performance, with respect to these voluntary mechanisms, to continue to develop and improve those criteria.

3. Further, if private sector entities or non-governmental organisations develop voluntary mechanisms for the promotion of products based on their environmental qualities, each Party shall endeavour to encourage those entities and organisations to develop voluntary mechanisms that, among other things:

(a) are truthful, are not misleading, and take into account scientific and technical information;

(b) if applicable and available, are based on relevant international standards, recommendations, guidelines, and best practices;

(c) promote competition and innovation; and

(d) do not treat a product less favourably on the basis of origin.

Article 22.18. Responsible Business Conduct and Corporate Social Responsibility

1. The Parties recognise the importance of responsible business conduct and corporate social responsibility practices including responsible supply chain management and the role of trade in pursuing this objective.

2. Accordingly, each Party shall:

(a) encourage enterprises operating in its territory or jurisdiction to adopt principles of responsible business conduct and corporate social responsibility that are related to the environment, consistent with internationally recognised standards and guidelines that have been endorsed or are supported by that Party; and

(b) provide supportive policy frameworks that encourage businesses to behave in a manner that takes into account those principles of responsible business conduct and corporate social responsibility related to the environment.

3. In accordance with Article 22.19 (Cooperation) the Parties may cooperate on responsible business conduct and corporate social responsibility bilaterally and in international fora as appropriate.

Article 22.19. Cooperation

1. The Parties recognise 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 and clean growth as they strengthen their trade and investment relations.

2. Accordingly, the Parties shall cooperate as appropriate on the matters identified in this Chapter, and may cooperate on other matters where there is mutual benefit from that cooperation. Such cooperation may take place bilaterally and in international fora, including the WTO, the OECD, under the UN Environment Programme, and under multilateral environmental agreements.

3. Each Party shall, through the contact points designated in accordance with Article 22.20 (Institutional Arrangements):

(a) share its priorities for cooperation with the other Party, including the objectives of that cooperation;

(b) propose cooperation activities related to the implementation of this Chapter; and

Send a comment about this document

Report an error, missing information or a wrong category. The administrators review every comment.