Chile - EU Interim Agreement (2023)
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(e) opportunities for public involvement, such as through hearings or comments.

6. If a Party requires authorisation for the supply of a financial service, the competent authorities of that Party shall:

(a) to the extent practicable, permit an applicant to submit an application at any time throughout the year (2);

(2) For greater certainty, competent authorities are not required to start considering applications outside of their official working hours and working days.

(b) allow a reasonable period of time for the submission of an application if specific time periods for applications exist;

(c) initiate the processing of the application without undue delay;

(d) endeavour to accept applications in electronic format under the same conditions of authenticity as paper submissions; and

(e) accept copies of documents which are authenticated in accordance with the law of the Party in place of original documents, unless they require original documents to protect the integrity of the authorisation process.

7. Each Party shall endeavour to make authorisation procedures and formalities as simple as possible and shall not unduly complicate or delay the provision of the financial service.

8. Each Party shall endeavour to establish the indicative timeframe for processing an application and shall, on request of the applicant and without undue delay, provide information concerning the status of the application.

9. If a competent authority considers an application incomplete for processing under the laws and regulations of the Party, it shall, within a reasonable period of time, and to the extent practicable:

(a) inform the applicant that the application is incomplete;

(b) at the request of the applicant, identify the additional information required to complete the application, or otherwise provide guidance on why the application is considered incomplete; and

(c) provide the applicant with the opportunity (1) to submit the additional information required to complete the application.

(1) Such opportunity does not require a competent authority to provide extensions of deadlines.

10. If none of the actions set out in subparagraph (a), (b) or (c) of paragraph 9 is practicable, the competent authorities shall nevertheless, if the application is rejected due to incompleteness, ensure that they inform the applicant thereof within a reasonable period of time.

11. Each Party shall ensure that its competent authorities, with respect to authorisation fees (2) that they charge, provide applicants with a schedule of fees or information on how fee amounts are determined, and do not use the fees as a means of avoiding the commitments or obligations of the Party.

(2) Authorisation fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

12. A competent authority shall take its decision in an independent manner and not be accountable to any person supplying the services for which the licence or authorisation is required.

13. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable timeframe after the date of submission of a complete application, and that the applicant is informed of the decision concerning the application, to the extent possible, in writing.

14. If an application is rejected by the competent authority, the applicant shall be informed, either on its own request or upon the initiative of the competent authority, in writing and without undue delay. To the extent practicable, the applicant shall be informed of the reasons for the decision to reject the application and of the timeframe for an appeal against that decision. An applicant should be permitted, within reasonable time limits, to resubmit an application.

15. If examinations are required for an authorisation, the competent authority shall ensure that such examinations are organised at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request taking the examination.

16. Each Party shall ensure that an authorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein.

Article 18.14. Financial Services New to the Territory of a Party

1. A Party shall permit a financial institution of the other Party, other than a branch, to supply any new financial service that the former Party would permit its own financial institutions to supply in accordance with its law, in like situations, provided that the introduction of the new financial services does not require new laws or regulations or the modification of existing laws or regulations.

2. A Party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorisation for the supply of the service. If such authorisation is required, a decision shall be made within a reasonable period of time and the authorisation shall only be refused for prudential reasons.

3. This Article does not prevent a financial institution of a Party from applying to the other Party requesting it to consider authorising the supply of a financial service that is not supplied within the territory of either Party. Such application is subject to the law of the Party receiving the application and is not subject to the obligations of this Article.

Article 18.15. Self-regulatory Organisations

When a Party requires a financial institution or a cross-border financial service supplier of the other Party to be a member of, participate in, or have access to a self-regulatory organisation in order to provide a financial service in or into the territory of the former Party, it shall ensure that the self-regulatory organisation observes the obligations set out in Articles 10.6, 10.8, 11.4 and 11.5.

Article 18.16. Payment and Clearing Systems

Under terms and conditions that accord national treatment, each Party shall grant to financial institutions of the other Party established in its territory access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business. This Article does not confer access to the lender of last resort facilities of the Party.

Article 18.17. Sub-Committee on Financial Services

1. The Sub-Committee on Financial Services ("Sub-Committee"), established pursuant to Article 33.4(1), shall be composed of representatives of the Parties responsible for financial services.

2. The Sub-Committee shall:

(a) supervise the implementation of this Chapter;

(b) consider issues regarding financial services that are referred to it by a Party; and

(c) carry out a dialogue on the regulation of the financial services sector with a view to improving mutual knowledge of the respective regulatory systems of the Parties and to cooperate in the development of international standards.

Article 18.18. Technical Discussions and Consultations

1. A Party may request technical discussions and consultations with the other Party regarding any matter arising under this Agreement that affects financial services. The other Party shall give sympathetic consideration to that request. The Parties shall report the results of their discussions and consultations to the Sub-Committee.

2. Each Party shall ensure that in those technical discussions and consultations, its delegation includes officials with the relevant expertise in financial services.

3. For greater certainty, nothing in this Article shall be construed as requiring a Party to:

(a) derogate from its relevant laws and regulations regarding the sharing of information among financial regulators or from the requirements of an agreement or arrangement between financial authorities of the Parties; or

(b) require regulatory authorities to take any action that would interfere with specific regulatory, supervisory, administrative, or enforcement matters.

4. Nothing in this Article shall be construed as impeding a Party that requires information for supervisory purposes concerning a financial institution located in the territory of the other Party or a cross-border financial service supplier of the other Party from approaching the competent regulatory authority of the other Party to seek the information.

5. For greater certainty, this Article is without prejudice to either Party's rights and obligations under Chapter 31.

Article 18.19. Dispute Settlement

1. Chapter 31, including Annexes 31-A and 31-B, applies as modified by this Article to the settlement of disputes concerning the application or interpretation of this Chapter.

2. In addition to the requirements set out in Article 31.9, panellists shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions, unless the Parties agree otherwise.

3. The Sub-Committee shall recommend that the Trade Committee establish a list of at least 15 individuals, fulfilling the requirements referred to in paragraph 2, who are willing and able to serve as panellists. The Trade Committee shall establish such a list no later than one year after the date of entry into force of this Agreement. The list shall be composed of three sub-lists:

(a) one sub-list of individuals established on the basis of proposals by the European Union;

(b) one sub-list of individuals established on the basis of proposals by Chile; and

(c) one sub-list of individuals that are not nationals of either Party and who shall serve as chairperson to the panel.

4. Each sub-list shall include at least five individuals. The Trade Committee shall ensure that the list is always maintained at that minimum number of individuals.

5. For the purposes of this Chapter, the list referred to in paragraph 3 of this Article shall, after its establishment, replace the list established pursuant to Article 31.8(1).

Chapter 19. DIGITAL TRADE

Section A. GENERAL PROVISIONS

Article 19.1. Scope

1. This Chapter applies to trade enabled by electronic means.

2. This Chapter does not apply to audio-visual services.

Article 19.2. Definitions

1. The definitions in Articles 10.2 and 11.2 apply to this Chapter.

2. For the purposes of this Chapter:

(a) "consumer" means any natural person, or juridical person if provided for in the laws and regulations of a Party, using or requesting a public telecommunications service for purposes outside its trade, business or profession;

(b) "direct marketing communication" means any form of commercial advertising by which a natural or juridical person communicates marketing messages directly to end-users via a public telecommunications service and covers at least electronic mail and text and multimedia messages;

(c) "electronic authentication" means a process that enables the confirmation of:

(i) the electronic identification of a natural or juridical person; or

(ii) the origin and integrity of data in electronic form;

(d) "electronic seal" means data in electronic form used by a juridical person which are attached to, or logically associated with, other data in electronic form to ensure the origin and integrity of those other data;

(e) "electronic signature" means data in electronic form which are attached to, or logically associated with, other data in electronic form, and fulfils the following requirements:

(i) it is used by a natural person to agree on the data in electronic form to which it relates; and

(ii) it is linked to the data in electronic form to which it relates in such a way that any subsequent alteration in the data in electronic form is detectable;

(f) "electronic trust services" means an electronic service consisting of the creation, verification, and validation of electronic signatures, electronic seals, electronic time stamps, electronic registered delivery, website authentication and certificates related to that service;

(g) "end-user" means any natural or juridical person using or requesting a public telecommunications service, either as a consumer or, if provided for in the laws and regulations of a Party, for trade, business or professional purposes;

(h) "personal data" means personal data as defined in subparagraph (u) of Article 1.3; and

(i) "public telecommunications service" means public telecommunications service as defined in subparagraph (j) of Article 16.2.

Article 19.3. Right to Regulate

The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity.

Article 19.4. Exceptions

Nothing in this Chapter prevents the Parties from adopting or maintaining measures in accordance with Articles 18.11, 32.1 and 32.2 for the public interest reasons set out therein.

Section B. DATA FLOWS AND PERSONAL DATA PROTECTION

Article 19.5. Cross-border Data Flows

The Parties are committed to ensuring cross-border data flows to facilitate digital trade. To that end, a Party shall not restrict cross-border data flows between the Parties by:

(a) requiring the use of computing facilities or network elements in the territory of that Party for processing, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of that Party;

(b) requiring the localisation of data in the territory of that Party for storage or processing;

(c) prohibiting storage or processing in the territory of the other Party; or

(d) making the cross-border transfer of data contingent upon the use of computing facilities or network elements in the territory of that Party or upon localisation requirements in the territory of that Party.

Article 19.6. Protection of Personal Data and Privacy

1. Each Party recognises that the protection of personal data and privacy is a fundamental right and that high standards in that regard contribute to trust in the digital economy and to the development of trade.

2. Each Party may adopt and maintain the measures it deems appropriate to ensure the protection of personal data and privacy, including the adoption and application of rules for the cross-border transfer of personal data. Nothing in this Agreement shall affect the protection of personal data and privacy afforded by the measures of a Party.

Section C. SPECIFIC PROVISIONS

Article 19.7. Customs Duties on Electronic Transmissions

A Party shall not impose customs duties on electronic transmissions between a person of that Party and a person of the other Party.

Article 19.8. No Prior Authorisation

1. A Party shall not require prior authorisation solely on the ground that a service is provided online (1), or adopt or maintain any other requirement having equivalent effect.

2. Paragraph 1 does not apply to telecommunications services, broadcasting services, gambling services, legal representation services, or services of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority.

(1) A service is provided online when it is provided by electronic means and without the persons being simultaneously present.

Article 19.9. Conclusion of Contracts by Electronic Means

1. Each Party shall ensure that its laws and regulations allow contracts to be concluded by electronic means and that the legal requirements for contractual processes do not create obstacles to the use of contracts concluded by electronic means or result in such contracts being deprived of legal effect and validity by reason of their having been concluded by electronic means.

2. Paragraph 1 does not apply to:

(a) broadcasting services, gambling services and legal representation services;

(b) services of notaries or equivalent professions involving a direct and specific connection with the exercise of public authority; and

(c) contracts that establish or transfer rights in real estate, contracts requiring by law the involvement of courts, public authorities or professions exercising public authority, contracts of suretyship granted and collateral securities furnished by persons acting for purposes outside their trade, business or profession, and contracts governed by family law or by the law of succession.

Article 19.10. Electronic Trust Services and Electronic Authentication

1. A Party shall not deny the legal effect or admissibility as evidence in judicial or administrative proceedings of an electronic trust service or an electronic authentication on the basis that it is in electronic form.

2. A Party shall not adopt or maintain measures that would:

(a) prohibit parties to an electronic transaction from mutually determining the appropriate method of electronic authentication for their transaction; or

(b) prevent parties to an electronic transaction from having the opportunity to prove to judicial or administrative authorities that their electronic transaction complies with any legal requirements with respect to electronic trust services or electronic authentication.

3. Notwithstanding paragraph 2, a Party may require that for a particular category of electronic transactions, the method of electronic authentication or electronic trust service:

(a) is certified by an authority accredited in accordance with its law; or

(b) meets certain performance standards which shall be objective, transparent and non- discriminatory and only relate to the specific characteristics of the category of electronic transactions concerned.

Article 19.11. Online Consumer Trust

1. The Parties recognise the importance of enhancing consumer trust in digital trade. Each Party shall adopt or maintain measures to ensure the effective protection of consumers engaging in electronic commerce transactions, including measures that:

(a) prohibit fraudulent and deceptive commercial practices;

(b) require suppliers of goods and services to act in good faith and abide by fair commercial practices, including through the prohibition of charging consumers for unsolicited goods and services;

(c) require suppliers of goods or services to provide consumers with clear and thorough information regarding their identity and contact details (1), as well as regarding the goods or services, the transaction and the applicable consumer rights; and

(d) grant consumers access to redress in order to claim their rights, including a right to remedies where goods or services are paid and not delivered or provided as agreed.

(1) In the case of intermediary services suppliers, identity and contact details also includes the identity and contact details of the actual supplier of the good or the service.

2. The Parties recognise the importance of cooperation between their respective national consumer protection agencies, or other relevant bodies, on activities related to electronic commerce in order to enhance consumer trust.

Article 19.12. Unsolicited Direct Marketing Communications

1. Each Party shall ensure that end-users are effectively protected against unsolicited direct marketing communications.

2. Each Party shall adopt or maintain effective measures regarding unsolicited direct marketing communications that:

(a) require suppliers of unsolicited direct marketing communications to ensure that recipients are able to prevent ongoing reception of those communications; or

(b) require the consent, as specified according to its laws and regulations, of recipients to receive direct marketing communications.

3. Each Party shall ensure that direct marketing communications are clearly identifiable as such, clearly disclose on whose behalf they are made and contain the necessary information to enable end-users to request cessation free of charge and at any moment.

Article 19.13. Prohibition of Mandatory Transfer of or Access to Source Code

1. A Party shall not require the transfer of, or access to, source code of software owned by a natural or juridical person of the other Party. This paragraph does not apply to the voluntary transfer of, or granting of access to, source code on a commercial basis by a person of the other Party, for instance in the context of a public procurement transaction or a freely negotiated contract. Nothing in this paragraph prevents a person of a Party from licensing its software on a free and open-source basis.

2. For greater certainty, Articles 18.11, 32.1 and 32.2 may apply to measures of a Party adopted or maintained in the context of a certification procedure.

3. Nothing in this Article shall affect:

(a) requirements by a court, administrative tribunal or competition authority to remedy a violation of competition law;

(b) protection and enforcement of intellectual property rights; or

(c) the right of a Party to take measures in accordance with Article 21.3.

Article 19.14. Cooperation on Regulatory Issues with Regard to Digital Trade

1. The Parties shall cooperate by exchanging information on their respective law, as well as on the implementation of that law, related to regulatory issues arising from digital trade, including:

(a) the recognition and facilitation of interoperable cross-border electronic trust and electronic authentication;

(b) the treatment of direct marketing communications;

(c) the protection of consumers online; and

(d) any other regulatory issue relevant for the development of digital trade.

2. The Parties shall maintain a dialogue based on the exchange of information referred to in paragraph 1.

3. This Article does not apply to the rules and measures of a Party for the protection of personal data and privacy, including on cross-border transfer of personal data.

Article 19.15. Review

On request of either Party, the Sub-Committee on Services and Investment referred to in Article 11.10 shall review the implementation of this Chapter, in particular in light of relevant changes affecting digital trade that might arise from new business models or technologies. The Sub-Committee on Services and Investment shall report its findings and may make any necessary recommendations to the Trade Committee.

Chapter 20. CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES

Article 20.1. Objective and Scope

The objective of this Chapter is to enable the free movement of capital and payments related to transactions liberalised under this Agreement (1).

(1) For greater certainty, this Chapter is subject to Annex 20.

Article 20.2. Current Account

Without prejudice to other provisions of this Agreement, each Party shall allow, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, adopted in Bretton Woods, New Hampshire on 22 July 1944, any payments and transfers with regard to transactions on the current account of the balance of payments that fall within the scope of this Agreement.

Article 20.3. Capital Movements

Without prejudice to other provisions of this Agreement, each Party shall allow, with regard to transactions on the capital and financial account of the balance of payments, the free movement of capital for the purpose of liberalisation of investment and other transactions as provided for in Chapters 10, 11 and 18.

Article 20.4. Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Definitions of General Application 1
  • Article   1.4 Relation to the WTO Agreement and other Existing Agreements 1
  • Article   1.5 References to Laws and other Agreements 1
  • Article   1.6 Fulfilment of Obligations 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Reduction or Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Export Duties, Taxes and other Charges 1
  • Article   2.8 Fees and Formalities 1
  • Article   2.9 Repaired Goods 1
  • Article   2.10 Remanufactured Goods 1
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Origin Marking 2
  • Article   2.13 Import Licensing Procedures 2
  • Article   2.14 Export Licensing Procedures 2
  • Article   2.15 Customs Valuation 2
  • Article   2.16 Preference Utilisation 2
  • Article   2.17 Specific Measures Concerning the Management of Preferential Treatment 2
  • Article   2.18 Sub-Committee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Article   3.2 General Requirements 2
  • Article   3.3 Cumulation of Origin 2
  • Article   3.4 Wholly Obtained Products 2
  • Article   3.5 Tolerances 2
  • Article   3.6 Insufficient Working or Processing 2
  • Article   3.7 Unit of Qualification 2
  • Article   3.8 Accessories, Spare Parts and Tools 2
  • Article   3.9 Sets 2
  • Article   3.10 Neutral Elements 2
  • Article   3.11 Packaging and Packing Materials and Containers 3
  • Article   3.12 Accounting Segregation for Fungible Materials 3
  • Article   3.13 Returned Products 3
  • Article   3.14 Non-alteration 3
  • Article   3.15 Exhibitions 3
  • Section   B ORIGIN PROCEDURES 3
  • Article   3.16 Claim for Preferential Tariff Treatment 3
  • Article   3.17 Statement on Origin 3
  • Article   3.18 Minor Discrepancies and Minor Errors 3
  • Article   3.19 Importer's Knowledge 3
  • Article   3.20 Record-keeping Requirements 3
  • Article   3.21 Exemptions from the Requirements Regarding Statements on Origin 3
  • Article   3.22 Verification 3
  • Article   3.23 Administrative Cooperation 3
  • Article   3.24 Mutual Assistance In the Fight Against Fraud 3
  • Article   3.25 Denial of Claims for Preferential Tariff Treatment 3
  • Article   3.26 Confidentiality 3
  • Article   3.27 Refunds and Claims for Preferential Tariff Treatment after Importation 3
  • Article   3.28 Administrative Measures and Sanctions 3
  • Section   C FINAL PROVISIONS 3
  • Article   3.29 Ceuta and Melilla 3
  • Article   3.30 Amendments 3
  • Article   3.31 Sub-Committee on Customs, Trade Facilitation and Rules of Origin 3
  • Article   3.32 Products In Transit or Storage 4
  • Article   3.33 Explanatory Notes 4
  • Chapter   4 CUSTOMS AND TRADE FACILITATION 4
  • Article   4.1 Objectives 4
  • Article   4.2 Definitions 4
  • Article   4.3 Customs Cooperation 4
  • Article   4.4 Mutual Administrative Assistance 4
  • Article   4.5 Customs Laws, Regulations and Procedures 4
  • Article   4.6 Release of Goods 4
  • Article   4.7 Simplified Customs Procedures 4
  • Article   4.8 Authorised Economic Operators 4
  • Article   4.9 Data and Documentation Requirements 4
  • Article   4.10 Use of Information Technologies and Electronic Payment 4
  • Article   4.11 Risk Management 4
  • Article   4.12 Post-clearance Audit 4
  • Article   4.13 Transparency 4
  • Article   4.14 Advance Rulings 4
  • Article   4.15 Transit and Transhipment 4
  • Article   4.16 Customs Brokers 4
  • Article   4.17 Pre-shipment Inspections 4
  • Article   4.18 Appeals 4
  • Article   4.19 Penalties 5
  • Article   4.20 Sub-Committee on Customs, Trade Facilitation and Rules of Origin 5
  • Article   4.21 Temporary Admission 5
  • Article   4.22 Repaired Goods 5
  • Article   4.23 Fees and Formalities 5
  • Chapter   5 TRADE REMEDIES 5
  • Section   A ANTI-DUMPING AND COUNTERVAILING DUTIES 5
  • Article   5.1 General Provisions 5
  • Article   5.2 Transparency 5
  • Article   5.3 Consideration of Public Interest 5
  • Article   5.4 Lesser Duty Rule 5
  • Article   5.5 Non-application of Dispute Settlement 5
  • Section   B GLOBAL SAFEGUARD MEASURES 5
  • Article   5.6 General Provisions 5
  • Article   5.7 Transparency and Imposition of Definitive Measures 5
  • Article   5.8 Non-application of Dispute Settlement 5
  • Section   C BILATERAL SAFEGUARD MEASURES 5
  • Subsection   1 GENERAL PROVISIONS 5
  • Article   5.9 Definitions 5
  • Article   5.10 Application of a Bilateral Safeguard Measure 5
  • Article   5.11 Standards for Bilateral Safeguard Measures 5
  • Article   5.12 Provisional Bilateral Safeguard Measures 5
  • Article   5.13 Compensation and Suspension of Concessions 5
  • Article   5.14 Time Lapse between Two Bilateral Safeguard Measures and Non-parallel Application of Safeguard Measures 5
  • Article   5.15 Outermost Regions of the European Union (1) 5
  • Subsection   2 PROCEDURAL RULES APPLICABLE TO BILATERAL SAFEGUARD MEASURES 5
  • Article   5.16 Applicable Law 5
  • Article   5.17 Initiation of a Safeguard Procedure 5
  • Article   5.18 Investigation 5
  • Article   5.19 Confidential Information 6
  • Article   5.20 Hearings 6
  • Article   5.21 Notifications, Examination In the Trade Committee and Publications 6
  • Article   5.22 Acceptance of Documents In English In Safeguard Procedures 6
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 6
  • Article   6.1 Objectives 6
  • Article   6.2 Multilateral Obligations 6
  • Article   6.3 Scope 6
  • Article   6.4 Definitions 6
  • Article   6.5 Competent Authorities 6
  • Article   6.6 Recognition of Status In Respect of Animal Diseases and Infections In Animals, and In Respect of Pests 6
  • Article   6.7 Recognition of Regionalisation Decisions In Respect of Animal Diseases and Infections In Animals and of Pests 6
  • Article   6.8 Recognition of Equivalence 6
  • Article   6.9 Transparency and Trade Conditions 6
  • Article   6.10 Certification Procedures 6
  • Article   6.11 Verification 6
  • Article   6.12 Import Checks and Inspection Fees 6
  • Article   6.13 Information Exchange 6
  • Article   6.14 Notification and Consultations 6
  • Article   6.15 Safeguard Clause 6
  • Article   6.16 Sub-Committee on Sanitary and Phytosanitary Measures 6
  • Article   6.17 Cooperation In Multilateral Fora 6
  • Article   6.18 Cooperation on Food Safety, Animal Health and Plant Protection Science 6
  • Article   6.19 Territorial Application for the European Union 6
  • Chapter   7 COOPERATION ON SUSTAINABLE FOOD SYSTEMS 6
  • Article   7.1 Objective 6
  • Article   7.2 Scope 7
  • Article   7.3 Definitions 7
  • Article   7.4 Sustainability of the Food Chain and Reduction In Food Loss and Waste 7
  • Article   7.5 Fight Against Fraud In the Food Chain 7
  • Article   7.6 Animal Welfare 7
  • Article   7.7 Fight Against Antimicrobial Resistance 7
  • Article   7.8 Sub-Committee on Sustainable Food Systems 7
  • Article   7.9 Cooperation In Multilateral Fora 7
  • Article   7.10 Additional Provisions 7
  • Chapter   8 ENERGY AND RAW MATERIALS 7
  • Article   8.1 Objective 7
  • Article   8.2 Principles 7
  • Article   8.3 Definitions 7
  • Article   8.4 Import and Export Monopolies 7
  • Article   8.5 Export Pricing (2) 7
  • Article   8.6 Domestic Regulated Prices 7
  • Article   8.7 Authorisation for Exploration and Production of Energy Goods and Raw Materials 7
  • Article   8.8 Assessment of Environmental Impact 7
  • Article   8.9 Third-party Access to Energy Transport Infrastructure 7
  • Article   8.10 Access to Infrastructure for Suppliers of Electricity Produced from Renewable Energy Sources 7
  • Article   8.11 Independent Body 7
  • Article   8.12 Cooperation on Standards 7
  • Article   8.13 Research, Development and Innovation 7
  • Article   8.14 Cooperation on Energy and Raw Materials 7
  • Article   8.15 Energy Transition and Renewable Fuels 8
  • Article   8.16 Exception for Small and Isolated Electricity Systems 8
  • Article   8.17 Sub-Committee on Trade In Goods 8
  • Chapter   9 TECHNICAL BARRIERS TO TRADE 8
  • Article   9.1 Objective 8
  • Article   9.2 Scope 8
  • Article   9.3 Incorporation of Certain Provisions of the TBT Agreement 8
  • Article   9.4 International Standards 8
  • Article   9.5 Technical Regulations 8
  • Article   9.6 Regulatory Cooperation 8
  • Article   9.7 Cooperation on Market Surveillance, Compliance and Safety of Non-food Products 8
  • Article   9.8 Standards 8
  • Article   9.9 Conformity Assessment 8
  • Article   9.10 Transparency 8
  • Article   9.11 Marking and Labelling 8
  • Article   9.12 Technical Discussions and Consultations 9
  • Article   9.13 Contact Points 9
  • Article   9.14 Sub-Committee on Technical Barriers to Trade 9
  • Chapter   10 INVESTMENT LIBERALISATION 9
  • Article   10.1 Scope 9
  • Article   10.2 Definitions 9
  • Article   10.3 Right to Regulate 9
  • Article   10.4 Relation to other Chapters 9
  • Article   10.5 Market Access 9
  • Article   10.6 National Treatment 9
  • Article   10.7 Public Procurement 9
  • Article   10.8 Most-favoured-nation Treatment 9
  • Article   10.9 Performance Requirements 9
  • Article   10.10 Senior Management and Boards of Directors 9
  • Article   10.11 Non-conforming Measures 9
  • Article   10.12 Denial of Benefits 10
  • Article   10.13 Sub-Committee on Services and Investment 10
  • Chapter   11 CROSS-BORDER TRADE IN SERVICES 10
  • Article   11.1 Scope 10
  • Article   11.2 Definitions 10
  • Article   11.3 Right to Regulate 10
  • Article   11.4 National Treatment 10
  • Article   11.5 Most-favoured-nation Treatment 10
  • Article   11.6 Local Presence 10
  • Article   11.7 Market Access 10
  • Article   11.8 Non-conforming Measures 10
  • Article   11.9 Denial of Benefits 10
  • Article   11.10 Sub-Committee on Services and Investment 10
  • Chapter   12 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 10
  • Article   12.1 Scope 10
  • Article   12.2 Definitions 10
  • Article   12.3 Intra-corporate Transferees, Business Visitors for Establishment Purposes and Investors 10
  • Article   12.4 Short-term Business Visitors 10
  • Article   12.5 Contractual Services Suppliers and Independent Professionals 11
  • Article   12.6 Non-conforming Measures 11
  • Article   12.7 Transparency 11
  • Article   12.8 Non-application of Dispute Settlement 11
  • Chapter   13 DOMESTIC REGULATION 11
  • Article   13.1 Scope and Definitions 11
  • Article   13.2 Conditions for Licensing and Qualification 11
  • Article   13.3 Licensing and Qualification Procedures 11
  • Article   13.4 Review 11
  • Article   13.5 Administration of Measures of General Application 11
  • Article   13.6 Appeal of Administrative Decisions 11
  • Chapter   14 MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS 11
  • Article   14.1 Mutual Recognition of Professional Qualifications 11
  • Chapter   15 DELIVERY SERVICES 11
  • Article   15.1 Scope and Definitions 11
  • Article   15.2 Universal Service 11
  • Article   15.3 Prevention of Market Distortive Practices 11
  • Article   15.4 Licences 11
  • Article   15.5 Independence of the Regulatory Authorities 12
  • Chapter   16 TELECOMMUNICATIONS SERVICES 12
  • Article   16.1 Scope 12
  • Article   16.2 Definitions 12
  • Article   16.3 Telecommunications Regulatory Authority 12
  • Article   16.4 Authorisation to Provide Telecommunications Networks or Services 12
  • Article   16.5 Interconnection 12
  • Article   16.6 Access and Use 12
  • Article   16.7 Resolution of Telecommunications Disputes 12
  • Article   16.8 Competitive Safeguards on Major Suppliers 12
  • Article   16.9 Interconnection with Major Suppliers 12
  • Article   16.10 Access to the Essential Facilities of Major Suppliers 12
  • Article   16.11 Scarce Resources 12
  • Article   16.12 Number Portability 12
  • Article   16.13 Universal Service 12
  • Article   16.14 Confidentiality of Information 12
  • Article   16.15 Foreign Shareholding 12
  • Article   16.16 Open and Non-discriminatory Internet Access 12
  • Article   16.17 International Mobile Roaming 12
  • Chapter   17 INTERNATIONAL MARITIME TRANSPORT SERVICES 12
  • Article   17.1 Scope, Definitions and Principles 12
  • Chapter   18 FINANCIAL SERVICES 12
  • Article   18.1 Scope 12
  • Article   18.2 Definitions 13
  • Article   18.3 National Treatment 13
  • Article   18.4 Public Procurement 13
  • Article   18.5 Most-favoured-nation Treatment 13
  • Article   18.6 Market Access 13
  • Article   18.7 Cross-border Supply of Financial Services 13
  • Article   18.8 Senior Management and Boards of Directors 13
  • Article   18.9 Performance Requirements 13
  • Article   18.10 Non-conforming Measures 13
  • Article   18.11 Prudential Carve-out 13
  • Article   18.12 Treatment of Information 13
  • Article   18.13 Domestic Regulation and Transparency 13
  • Article   18.14 Financial Services New to the Territory of a Party 14
  • Article   18.15 Self-regulatory Organisations 14
  • Article   18.16 Payment and Clearing Systems 14
  • Article   18.17 Sub-Committee on Financial Services 14
  • Article   18.18 Technical Discussions and Consultations 14
  • Article   18.19 Dispute Settlement 14
  • Chapter   19 DIGITAL TRADE 14
  • Section   A GENERAL PROVISIONS 14
  • Article   19.1 Scope 14
  • Article   19.2 Definitions 14
  • Article   19.3 Right to Regulate 14
  • Article   19.4 Exceptions 14
  • Section   B DATA FLOWS AND PERSONAL DATA PROTECTION 14
  • Article   19.5 Cross-border Data Flows 14
  • Article   19.6 Protection of Personal Data and Privacy 14
  • Section   C SPECIFIC PROVISIONS 14
  • Article   19.7 Customs Duties on Electronic Transmissions 14
  • Article   19.8 No Prior Authorisation 14
  • Article   19.9 Conclusion of Contracts by Electronic Means 14
  • Article   19.10 Electronic Trust Services and Electronic Authentication 14
  • Article   19.11 Online Consumer Trust 14
  • Article   19.12 Unsolicited Direct Marketing Communications 14
  • Article   19.13 Prohibition of Mandatory Transfer of or Access to Source Code 14
  • Article   19.14 Cooperation on Regulatory Issues with Regard to Digital Trade 14
  • Article   19.15 Review 14
  • Chapter   20 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES 14
  • Article   20.1 Objective and Scope 14
  • Article   20.2 Current Account 14
  • Article   20.3 Capital Movements 14
  • Article   20.4 Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers 15
  • Article   20.5 Temporary Safeguard Measures 15
  • Article   20.6 Restrictions In Case of Balance of Payments and External Financial Difficulties 15
  • Chapter   21 PUBLIC PROCUREMENT 15
  • Article   21.1 Definitions 15
  • Article   21.2 Scope and Coverage 15
  • Article   21.3 Security and General Exceptions 15
  • Article   21.4 General Principles 15
  • Article   21.5 Information on the Procurement System 15
  • Article   21.6 Notices 15
  • Article   21.7 Conditions for Participation 16
  • Article   21.8 Qualification of Suppliers Registration Systems and Qualification Procedures 16
  • Article   21.9 Technical Specifications 16
  • Article   21.10 Tender Documentation 16
  • Article   21.11 Environmental and Social Considerations 16
  • Article   21.12 Time Periods 16
  • Article   21.13 Negotiation 16
  • Article   21.14 Limited Tendering 16
  • Article   21.15 Electronic Auctions 17
  • Article   21.16 Treatment of Tenders and Awarding of Contracts 17
  • Article   21.17 Transparency of Procurement Information Information Provided to Suppliers 17
  • Article   21.18 Disclosure of Information 17
  • Article   21.19 Domestic Review Procedures 17
  • Article   21.20 Modifications and Rectifications to Coverage 17
  • Article   21.21 Sub-Committee on Public Procurement 17
  • Article   21.22 Facilitation of Participation by Small and Medium-sized Enterprises 17
  • Article   21.23 Cooperation 17
  • Article   21.24 Further Negotiations 17
  • Chapter   22 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES AND DESIGNATED MONOPOLIES 17
  • Article   22.1 Scope 17
  • Article   22.2 Definitions 17
  • Article   22.3 General Provisions 17
  • Article   22.4 Non-discriminatory Treatment and Commercial Considerations 18
  • Article   22.5 Regulatory Framework 18
  • Article   22.6 Transparency 18
  • Article   22.7 Party-specific Annex 18
  • Chapter   23 COMPETITION POLICY 18
  • Article   23.1 Principles 18
  • Article   23.2 Regulatory Framework 18
  • Article   23.3 Implementation 18
  • Article   23.4 Cooperation 18
  • Article   23.5 Consultations 18
  • Article   23.6 Non-application of Dispute Settlement 18
  • Chapter   24 SUBSIDIES 18
  • Article   24.1 Principles 18
  • Article   24.2 Definition and Scope 18
  • Article   24.3 Relation to the WTO Agreement 18
  • Article   24.4 Transparency 18
  • Article   24.5 Consultations 18
  • Article   24.6 Subsidies Subject to Conditions 18
  • Article   24.7 Use of Subsidies 18
  • Article   24.8 Non-application of Dispute Settlement 18
  • Article   24.9 Confidentiality 18
  • Chapter   25 INTELLECTUAL PROPERTY 18
  • Section   A GENERAL PROVISIONS 18
  • Article   25.1 Objectives 18
  • Article   25.2 Scope 18
  • Article   25.3 Principles 18
  • Article   25.4 Definitions 18
  • Article   25.5 National Treatment 18
  • Article   25.6 Intellectual Property and Public Health 19
  • Article   25.7 Exhaustion 19
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 19
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 19
  • Article   25.8 International Agreements 19
  • Article   25.9 Authors 19
  • Article   25.10 Performers 19
  • Article   25.11 Producers of Phonograms 19
  • Article   25.12 Broadcasting Organisations 19
  • Article   25.13 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes (2) 19
  • Article   25.14 Term of Protection 19
  • Article   25.15 Resale Right 19
  • Article   25.16 Collective Management of Rights 19
  • Article   25.17 Limitations and Exceptions 19
  • Article   25.18 Protection of Technological Measures 19
  • Article   25.19 Obligations Concerning Rights-management Information 19
  • Subsection   2 TRADEMARKS 19
  • Article   25.20 International Agreements 19
  • Article   25.21 Rights Conferred by a Trademark 19
  • Article   25.22 Registration Procedure 19
  • Article   25.23 Well-known Trademarks 19
  • Article   25.24 Exceptions to the Rights Conferred by a Trademark 19
  • Article   25.25 Grounds for Revocation 19
  • Article   25.26 Bad Faith Applications 19
  • Subsection   3 DESIGNS (1) 19
  • Article   25.27 International Agreements 19
  • Article   25.28 Protection of Registered Designs (1) 19
  • Article   25.29 Duration of Protection 19
  • Article   25.30 Exceptions and Exclusions 19
  • Article   25.31 Relationship to Copyright 19
  • Subsection   4 GEOGRAPHICAL INDICATIONS 19
  • Article   25.32 Definition and Scope 19
  • Article   25.33 Listed Geographical Indications 19
  • Article   25.34 Amendment of the List of Geographical Indications 19
  • Article   25.35 Scope of Protection of Geographical Indications 19
  • Article   25.36 Right of Use of Geographical Indications 20
  • Article   25.37 Relation between Trademarks and Geographical Indications 20
  • Article   25.38 Enforcement of Protection 20
  • Article   25.39 General Rules 20
  • Article   25.40 Sub-Committee, Co-operation and Transparency 20
  • Article   25.41 Other Protection 20
  • Subsection   5 PATENTS 20
  • Article   25.42 International Agreements 20
  • Article   25.43 Supplementary Protection In Case of Delays In Marketing Approval for Pharmaceutical Products 20
  • Subsection   6 PROTECTION OF UNDISCLOSED INFORMATION 20
  • Article   25.44 Scope of Protection of Trade Secrets 20
  • Article   25.45 Civil Judicial Procedures and Remedies of Trade Secrets 20
  • Article   25.46 Protection of Undisclosed Data Related to Pharmaceutical Products 20
  • Article   25.47 Protection of Data Related to Agrochemical Products 20
  • Subsection   7 PLANT VARIETIES 20
  • Article   25.48 Protection of Plant Variety Rights 20
  • Section   C ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 20
  • Subsection   1 CIVIL AND ADMINISTRATIVE ENFORCEMENT 20
  • Article   25.49 General Obligations 20
  • Article   25.50 Persons Entitled to Seek Application of Enforcement Measures, Procedures and Remedies 20
  • Article   25.51 Evidence 20
  • Article   25.52 Right of Information 20
  • Article   25.53 Provisional and Precautionary Measures 21
  • Article   25.54 Remedies 21
  • Article   25.55 Injunctions 21
  • Article   25.56 Alternative Measures 21
  • Article   25.57 Damages 21
  • Article   25.58 Legal Costs 21
  • Article   25.59 Publication of Judicial Decisions 21
  • Article   25.60 Presumption of Authorship or Ownership 21
  • Article   25.61 Administrative Procedures 21
  • Subsection   2 BORDER ENFORCEMENT 21
  • Article   25.62 Border Measures 21
  • Article   25.63 Consistency with GATT and TRIPS Agreement 21
  • Section   D FINAL PROVISIONS 21
  • Article   25.64 Cooperation 21
  • Article   25.65 Voluntary Stakeholder Initiatives 21
  • Article   25.66 Sub-Committee on Intellectual Property 21
  • Chapter   26 TRADE AND SUSTAINABLE DEVELOPMENT 21
  • Section   A COMMON PROVISIONS 21
  • Article   26.1 Objectives 21
  • Article   26.2 Right to Regulate and Levels of Protection 21
  • Article   26.3 Trade and Responsible Business Conduct and Management of Supply Chains 21
  • Article   26.4 Scientific and Technical Information 21
  • Article   26.5 Transparency and Good Regulatory Practices 21
  • Article   26.6 Public Awareness, Information, Participation and Procedural Guarantees 21
  • Article   26.7 Cooperation Activities 21
  • Section   B ENVIRONMENT AND TRADE 21