1. With a view to preventing avoidable loss or deterioration of perishable goods, and provided that all regulatory requirements have been met, each Party shall provide for the release of perishable goods:
(a) under normal circumstances within the shortest possible time; and
(b) in exceptional circumstances where it would be appropriate to do so, outside the business hours of customs and other relevant authorities.
2. Each Party shall give appropriate priority to perishable goods when scheduling any examinations that may be required.
3. Each Party shall either arrange, or allow an importer to arrange, for the proper storage of perishable goods pending their release. The Party may require that any storage facilities arranged by the importer have been approved or designated by its relevant authorities. The movement of the goods to those storage facilities, including authorisations for the operator moving the goods, may be subject to the approval, where required, of the relevant authorities. The Party shall, where practicable and consistent with its laws and regulations, upon the request of the importer, provide for any procedure necessary for release to take place at those storage facilities.
4. In cases of significant delay in the release of perishable goods, and upon written request, the importing Party shall, to the extent practicable, provide a communication on the reasons for the delay.
Article 14. Authorised Economic Operator
A Party operating an Authorised Economic Operator System or security measures affecting international trade flows shall:
(a) afford the other Party the possibility of negotiating mutual recognition of authorisation and security measures for the purpose of facilitating international trade while ensuring effective customs control; and
(b) draw on relevant international standards, in particular the SAFE Framework of Standards to Secure and Facilitate Global Trade of the World Customs Organization.
Article 15. Border Agency Cooperation
1. Each Party shall ensure that its authorities and agencies involved in border controls related to import, export or transit of goods, cooperate with one another and coordinate their procedures in order to facilitate trade.
2. Each Party shall endeavour to establish, as far as practicable, an electronic means for communication of relevant information required by its Customs Administration and other relevant border agencies to facilitate the international movement of goods and means of transport.
Article 16. Consultations
1. The Customs Administration of a Party may at any time request consultations with the Customs Administration of the other Party, on any matter arising from the implementation or operation of this Chapter, in cases where there are reasonable grounds provided by the requesting Party. The Customs Administrations of the Parties shall conduct such consultations through their contact points, and such consultations shall take place within 60 days of the request, or any other possible time period that the Customs Administrations of the Parties may mutually determine.
2. In the event that the consultations under paragraph 1 fail to resolve the matter, the requesting Party may refer the matter to the FTA Joint Commission for further consideration.
3. The Customs Administration of each Party shall designate one or more contact points for the purposes of this Chapter. The Customs Administration of each Party shall provide information on its contact points to the Customs Administration of the other Party and promptly notify any amendment of the said information to the Customs Administration of the other Party.
Chapter 5. TECHNICAL BARRIERS TO TRADE
Article 1. Definitions
For the purposes of this Chapter:
(a) TBT Agreement means the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement; and
(b) the definitions in Annex 1 to the TBT Agreement shall apply, mutatis mutandis.
Article 2. Objectives
The objectives of this Chapter are to:
(a) facilitate and promote trade in goods between the Parties by ensuring that technical regulations, standards and conformity assessment procedures do not create unnecessary technical barriers to trade;
(b) strengthen cooperation, including information exchange in relation to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures;
(c) promote mutual understanding of each Party's standards, technical regulations and conformity assessment procedures; and
(d) facilitate implementation of the principles of the TBT Agreement.
Article 3. Scope
This Chapter shall apply to all technical regulations, standards and conformity assessment procedures of each Party that may, directly or indirectly, affect trade in goods between the Parties. It shall exclude:
(a) sanitary or phytosanitary measures as defined in paragraph 1 of Annex A to the SPS Agreement, which are covered in Chapter 6 (Sanitary and Phytosanitary Measures); and
(b) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies, as provided in Article 1.4 of the TBT Agreement.
Article 4. Affirmation of the TBT Agreement
The Parties affirm their rights and obligations with respect to each other under the TBT Agreement.
Article 5. Technical Regulations (1)
Where relevant international standards exist or their completion is imminent, each Party shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems.
Article 6. International Standards
For the purpose of applying this Chapter, standards issued by international standardising bodies, in particular, the International Organization for Standardization (ISO), the International [Electrotechnical Commission (IEC), the International Telecommunication Union (ITU) and Codex Alimentarius Commission (CAC), shall be considered as relevant international standards in the sense of Article 2.4 of the TBT Agreement.
Article 7. Conformity Assessment Procedures
1. Each Party, with a view to increasing efficiency and ensuring cost effectiveness of conformity assessments, shall, upon request of the other Party, seek to facilitate the acceptance of the results of conformity assessment procedures conducted by the relevant accredited and/or authorised conformity assessment bodies in the Area of that other Party, through a separate mutual recognition agreement.
2. The Parties agree, upon request of a Party, to exchange information on conformity assessment procedures, including testing, certification, and accreditation.
3. When cooperating in conformity assessment, the Parties shall take into consideration their participation in the relevant international and/or regional organisations.
Article 8. Transparency
1. Each Party affirms its commitment to ensuring that information regarding proposed new or amended technical regulations, standards and conformity assessment procedures is made available in accordance with the relevant notification requirements under the TBT Agreement.
2. Each Party, upon written request of the other Party, shall make available the full text of technical regulations and conformity assessment procedures which are notified to the WTO, in available languages, to the requesting Party within 15 working days after receiving the written request.
3. In connection with the notification requirements under Article 2.9 and Article 5.6 of the TBT Agreement, each Party shall allow at least 60 days for the other Party to present comments on its proposed technical regulations or conformity assessment procedures except where risks to health, safety and the environment arising or threatening to arise warrant urgent actions.
4. Each Party should take the comments of the other Party into due consideration and shall endeavour to provide responses to these comments upon request.
Article 9. Technical Consultations
1. When a Party considers that a relevant technical regulation or conformity assessment procedure of the other Party has constituted unnecessary obstacle to its exports, it may request technical consultations. The requested Party shall respond as early as possible to such request.
2. The requested Party shall enter into technical consultations within a period mutually agreed, with a view to reaching a solution. Technical consultations may be conducted via any means mutually agreed by the Parties.
Article 10. Cooperation
With a view to increasing their mutual understanding of their respective systems and facilitating bilateral trade, the Parties shall strengthen their cooperation in the following areas:
(a) communication between each other’s competent authorities, exchange of information in respect of technical regulations, standards, conformity assessment procedures and good regulatory practice;
(b) encouraging, where possible, cooperation between conformity assessment bodies of the Parties;
(c) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures; and
(d) other areas as agreed upon by the Parties.
Article 11. Contact Points
1. Each Party designates a Contact Point, which shall for that Party have the responsibility of coordinating the implementation of this Chapter, as follows:
(a) for Hong Kong, China, the Trade and Industry Department; and
(b) for Georgia, Ministry of Economy and Sustainable Development of Georgia.
2. Each Party shall provide the other Party with the name and the contact details of the relevant official of its designated contact point, including telephone and email.
3. Each Party shall notify the other Party promptly of any change of its contact point or any amendment to the details of the relevant official.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 1. Definitions
For the purposes of this Chapter, the definitions in Annex A to the SPS Agreement shall apply, mutatis mutandis.
Article 2. Objectives
The objectives of this Chapter are to:
(a) facilitate trade between the Parties while protecting human, animal or plant life or health in their Areas;
(b) ensure transparency in and understanding of the application of each Partyâs sanitary and phytosanitary measures;
(c) strengthen cooperation between the Parties in the field of sanitary and phytosanitary measures to facilitate trade and access to their respective markets; and
(d) facilitate implementation of the principles of the SPS Agreement.
Article 3. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party, which may, directly or indirectly, affect trade between the Parties.
Article 4. Affirmation of the SPS Agreement
The Parties affirm their rights and obligations with respect to each other under the SPS Agreement.
Article 5. Risk Assessment
The Parties shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health as provided in Article 5 of the SPS Agreement, taking into account risk assessment techniques developed by the relevant international organisations.
Article 6. Harmonisation
1. The Parties shall make their best endeavour to base their sanitary or phytosanitary measures on international standards, guidelines or recommendations, where they exist.
2. The Parties shall strengthen communications, cooperation and coordination with each other, where appropriate, in the Codex Alimentarius Commission (Codex) and the World Organisation for Animal Health (OIE), and the relevant international and regional organisations operating within the framework of the International Plant Protection Convention (IPPC).
Article 7. Regionalisation
The Parties recognise the principles of regionalisation and their implementation as provided for in Article 6 of the SPS Agreement and the relevant international standards, guidelines and recommendations from the relevant organisations stated in the SPS Agreement.
Article 8. Equivalence
Each Party shall accept sanitary or phytosanitary measures of the other Party as equivalent to its own if the exporting Party objectively demonstrates to the importing Party that its measures achieve the importing Party's appropriate level of sanitary or phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures.
Article 9. Transparency
1. Each Party affirms its commitment to ensuring that information regarding proposed new or amended sanitary or phytosanitary measures is made available in accordance with the notification requirements under the SPS Agreement.
2. Each Party, upon written request of the other Party, shall make available the full text of sanitary or phytosanitary measures which are notified to the WTO, in available languages, to the requesting Party within 15 working days after receiving the written request.
3. In connection with the notification requirements under Article 7 of and Annex B to the SPS Agreement, each Party shall allow at least 60 days for the other Party to present comments on its proposed sanitary or phytosanitary measures except where risks to human, animal or plant life or health arising or threatening to arise warrant urgent actions.
4. Each Party shall endeavour to take into consideration the comments of the other Party and provide responses to these comments upon request in reasonable timeframe.
Article 10. Technical Cooperation
1. The Parties agree to explore the opportunity for technical cooperation on sanitary or phytosanitary matters of mutual interest consistent with this Chapter, with a view to enhancing the mutual understanding of the regulatory systems of the Parties and facilitating access to each other's markets.
2. Each Party, on request of the other Party, shall give due consideration to cooperation in relation to sanitary or phytosanitary matters of mutual interest consistent with this Chapter.
Article 11. Contact Points
1. Each Party designates a contact point, which shall for that Party have the responsibility of coordinating the implementation of this Chapter, as follows:
(a) for Hong Kong, China, the Trade and Industry Department; and
(b) for Georgia, the Legal Entity of Public Law - National Food Agency.
2. Each Party shall provide the other Party with the name and the contact details of the relevant official of its designated contact point, including telephone and email.
3. Each Party shall notify the other Party promptly of any change of its contact point or any amendment to the details of the relevant official.
Chapter 7. TRADE REMEDIES
Article 1. Definition
For the purposes of this Chapter, Safeguards Agreement means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement.
Article 2. Anti-dumping
1. The Parties shall endeavour to refrain from initiating anti-dumping procedures under Article VI of GATT 1994 and the Anti-dumping Agreement against each other.
2. When a Party receives a properly documented application and before initiating an investigation under the Anti-dumping Agreement, the Party shall notify in writing the other Party whose products are allegedly being dumped and allow for a 30-day period for consultations with a view to finding a mutually acceptable solution. The other Party shall request consultations within 20 days from the receipt of the notification and the consultations shall be conducted within the FTA Joint Commission in accordance with the provisions of Chapter 15 (Institutional Provisions).
3. If an anti-dumping measure is applied by a Party, the measure shall be terminated no later than five years from its imposition.
4. A Party shall not initiate an anti-dumping investigation with regard to the same product from the other Party within one year from a determination which resulted in the non- application or revocation of anti-dumping measures or from the termination of a measure pursuant to paragraph 3.
5. If a Party decides to impose an anti-dumping duty, the Party shall apply the âlesser dutyâ rule by determining a duty which is less than the dumping margin, if such lesser duty would be adequate to remove the injury to the domestic industry.
6. Five years after the entry into force of this Agreement, the FTA Joint Commission shall review whether there is a need to maintain the possibility of taking anti-dumping measures between the Parties. If the Parties decide after the first review to maintain this possibility, biennial reviews may thereafter be conducted by the FTA Joint Commission.
Article 3. Subsidies and Countervailing Measures
1. Each Party affirms their commitment to abide by Article XVI of GATT 1994 and the SCM Agreement.
2. Notwithstanding paragraph 1, neither Party shall initiate any investigation or apply any countervailing measure as provided for under Article VI of GATT 1994 and the SCM
Agreement on goods originating in the other Party from the date of entry into force of this Agreement.
Article 4. Global Safeguard Measures
1. Each Party affirms its rights and obligations with respect to another Party under Article XIX of GATT 1994 and the Safeguards Agreement.
2. Unless otherwise provided in paragraph 3, this Agreement does not confer additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.
3. A Party shall promptly notify the other Party in writing, including through electronic means, of the initiation of any global safeguard investigation and the reasons for initiation. Such notification shall be made no later than seven days after such initiation.
Chapter 8. TRADE IN SERVICES
Part I. DEFINITIONS AND SCOPE
Article 1. Definitions
For the purposes of this Chapter:
(a) aircraft repair and maintenance services means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and does not include so-called "line maintenance";
(b) commercial presence means any type of business or professional establishment, including through:
(i) the constitution, acquisition or maintenance of a juridical person; or
(ii) the creation or maintenance of a branch or a representative office,
within the Area of a Party for the purpose of supplying a service;
(c) computer reservation system ("CRS") services mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
(d) controlled means having the power to name a majority of directors or otherwise legally direct a juridical person's actions;
(e) juridical person of a Party means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association, which is either:
(i) constituted or otherwise organised in accordance with the law of that Party, and is engaged in substantive business operations in the Area of that Party; or
(ii) in the case of the supply of a service through commercial presence, owned or controlled by:
(1) natural persons of that Party; or
(2) juridical persons of that Party identified under subparagraph (i);
(f) measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form, taken by:
(i) central, regional or local governments and authorities if any; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities if any;
(g) measures by Parties affecting trade in services include measures in respect of:
(i) the purchase, payment or use of a service;
(ii) the access to and use of, in connection with the supply of a service, services which are required by the Parties to be offered to the public generally; and
(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the Area of the other Party;
(h) monopoly supplier of a service means any person, public or private, which in the relevant market of the Area of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;
(i) owned by persons of a Party means more than 50 per cent of the equity interest in a juridical person is beneficially owned by such persons;
(j) person of a Party means either a natural person or a juridical person of a Party;
(k) sector of a service means, with reference to a specific commitment, one or more or all subsectors of that service, as specified in a Party's Schedule of Specific Commitments in Annex 8-1 (Schedules of Specific Commitments), or otherwise the whole of that service sector, including all of its subsectors;
(l) selling and marketing of air transport services means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution, but do not include the pricing of air transport services nor the applicable conditions;
(m) services includes any service in any sector except services supplied in the exercise of governmental authority;
(n) service consumer means any person that receives or uses a service;
(o) service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers;
(p) service supplier of a Party means any person of a Party that supplies a service; (2)