Chile - EU Interim Agreement (2023)
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(d) afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit their own participation or that of their close relatives in an infringement of an intellectual property right; or

(e) govern the protection of confidentiality of information sources or the processing of personal data.

Article 25.53. Provisional and Precautionary Measures

1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and, where appropriate, subject to a recurring penalty payment if provided for by the law of that Party, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may also be issued, under the same conditions, where appropriate, against a third party (1) over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right.

(1) For the purposes of this Article, a Party may provide that a "third party" includes an intermediary.

2. Each Party shall ensure that its judicial authorities may, on request of the applicant, order the seizure or the delivery up (2) of goods suspected of infringing an intellectual property right, so as to prevent their entry into, or movement within, the channels of commerce.

(2) A Party may choose between seizure and delivery up to implement this paragraph.

3. In the case of an alleged infringement committed on a commercial scale, each Party shall ensure that the judicial authorities may order, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of their bank accounts and other assets. For that purpose, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.

Article 25.54. Remedies

1. Each Party shall ensure that the judicial authorities have the authority to order, on request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the destruction, or at least the definitive removal from the channels of commerce, of goods that they have found to be infringing an intellectual property right. If appropriate, the judicial authorities may also order the destruction of materials and implements predominantly used in the creation or manufacture of those goods.

2. The judicial authorities of each Party shall have the authority to order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

3. In considering a request for remedies, the need for proportionality between the seriousness of the infringement and the remedies ordered, as well as the interests of third parties, shall be taken into account.

Article 25.55. Injunctions

Each Party shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer and, if appropriate, against a third party (1) over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right, an injunction aimed at prohibiting the continuation of the infringement.

(1) For the purposes of this Article, a Party may provide that a "third party" includes an intermediary.

Article 25.56. Alternative Measures

Each Party may provide that the judicial authorities, in appropriate cases and on request of the person liable to be subject to the measures provided for in Article 25.54 or 25.55, may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 25.54 or 25.55 if that person acted unintentionally and without negligence, if execution of the measures in question would cause that person disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

Article 25.57. Damages

1. Each Party shall ensure that the judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages adequate to compensate for the injury that the right holder has suffered as a result of the infringement.

2. In determining the amount of damages under paragraph 1, the judicial authorities of each Party shall have the authority to consider, inter alia, any legitimate measure of value that the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price (1). At least in cases of infringement of copyright or related rights and trademark counterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial authorities have the authority to order the infringer to pay the right holder the part of the infringer's profits that is attributable to the infringement, whether as an alternative to, in addition to or as part of the damages.

(1) For the European Union, this would also include, as appropriate, elements other than economic factors such as the moral prejudice caused to the right holder by the infringement.

3. As an alternative to paragraph 2, each Party may provide that its judicial authorities have the authority, in appropriate cases, to set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

4. Nothing in this Article precludes either Party from providing that if the infringer did not knowingly, or with reasonable grounds to know, engage in an infringing activity, its judicial authorities may order, in favour of the injured party, the recovery of profits or the payment of damages, which may be pre-established.

Article 25.58. Legal Costs

Each Party shall provide that its judicial authorities, where appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning the enforcement of intellectual property rights, that the prevailing party be awarded the payment by the losing party of legal costs and other expenses, as provided for under the law of the Party concerned.

Article 25.59. Publication of Judicial Decisions

Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, on request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.

Article 25.60. Presumption of Authorship or Ownership

The Parties shall recognise that for the purposes of applying the measures, procedures and remedies provided for in this Section:

(a) for the author of a literary or artistic work to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient, in the absence of proof to the contrary, for the name of the author to appear on the work in the usual manner; and

(b) subparagraph (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.

Article 25.61. Administrative Procedures

To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles that are equivalent in substance to those provided for in the relevant provisions of this Sub-Section.

Subsection 2. BORDER ENFORCEMENT

Article 25.62. Border Measures

1. With respect to goods under customs control, each Party shall adopt or maintain procedures under which a right holder may submit applications requesting competent authorities to suspend the release of, or to detain, suspected goods. For the purposes of this Sub-Section, "suspected goods" means goods suspected of infringing trademarks, copyrights and related rights, geographical indications, patents, utility models, industrial designs or topographies of integrated circuits.

2. Each Party shall have in place electronic systems for the management by competent authorities of the applications granted or recorded.

3. Each Party shall ensure that its competent authorities do not charge a fee to cover the administrative costs resulting from the processing of an application or a recordation.

4. Each Party shall ensure that its competent authorities decide on the granting or recording of an application within a reasonable period of time.

5. Each Party shall ensure that the granted or recorded application applies to multiple shipments.

6. With respect to goods under customs control, each Party shall ensure that its customs authorities may act upon their own initiative to suspend the release of, or to detain, goods suspected of infringing trademarks or copyright.

7. Customs authorities shall use risk analysis to identify suspected goods. Each Party shall implement this paragraph in accordance with its law.

8. Each Party may have in place procedures allowing for the destruction of suspected goods without the need for prior administrative or judicial proceedings for the formal determination of the infringements in cases where the persons concerned agree to or do not oppose such destruction. If such goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the commercial channels in such a manner as to avoid any harm to the right holder.

9. Each Party may have in place procedures allowing for the swift destruction of counterfeit trademark and pirated goods that are sent through postal or express courier consignments.

10. A Party may decide not to apply this Article to the import of goods that are put on the market of a third country by, or with the consent of, the right holders. A Party may also decide not to apply this Article to goods of a non-commercial nature contained in travellers' personal luggage.

11. The customs authorities of the Parties shall maintain a regular dialogue and promote cooperation with the relevant stakeholders and with other authorities involved in the enforcement of intellectual property rights.

12. The Parties shall cooperate in respect of international trade in suspected goods. In particular, the Parties shall share, as far as possible, information on trade in suspected goods affecting the other Party.

13. Without prejudice to other forms of cooperation, the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters applies to breaches of legislation on intellectual property rights for the enforcement of which the customs authorities of a Party are competent in accordance with this Article.

Article 25.63. Consistency with GATT and TRIPS Agreement

In implementing border measures for the enforcement of intellectual property rights by its customs authorities, whether or not covered by this Sub-Section, each Party shall ensure consistency with its obligations under GATT 1994 and the TRIPS Agreement and, in particular, with Article V of GATT 1994 and Article 41 and Section 4 of Part III of the TRIPS Agreement.

Section D. FINAL PROVISIONS

Article 25.64. Cooperation

1. The Parties shall cooperate with a view to supporting the implementation of the commitments and obligations undertaken pursuant to this Chapter.

2. The areas of cooperation on intellectual property rights protection and enforcement matters may include the following activities:

(a) exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement;

(b) exchange of experience between the Parties on legislative progress;

(c) exchange of experience between the Parties on the enforcement of intellectual property rights;

(d) exchange of experience between the Parties on enforcement at central and sub-central level by customs authorities, police, administrative and judiciary authorities;

(e) coordination to prevent exports of counterfeit goods, including with third countries;

(f) technical assistance, capacity building, and exchange and training of personnel;

(g) the protection and defence of intellectual property rights and the dissemination of information in that regard in, inter alia, business circles and civil society;

(h) public awareness of consumers and right holders, as well as enhancement of institutional cooperation, in particular between their intellectual property offices;

(i) active promotion of awareness and education of the general public on policies concerning intellectual property rights;

(j) public-private collaboration engaging SMEs, including at SME-focused events or gatherings, with regard to the protection and enforcement of intellectual property rights and the reduction of their infringement; and

(k) formulation of effective strategies to identify audiences and communication programmes to increase consumer and media awareness on the impact of infringement of intellectual property rights, including the risk to health and safety and the connection to organised crime.

3. Each Party may make publicly available the product specifications, or a summary of those specifications, and relevant contact points for control or management of the geographical indications of the other Party as protected pursuant to Sub-Section 4 of Section B.

4. The Parties shall, directly or through the Sub-Committee referred to in Article 25.66, maintain contact on all matters related to the implementation and functioning of this Chapter.

Article 25.65. Voluntary Stakeholder Initiatives

Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce intellectual property rights infringements, including online and in other marketplaces, focusing on concrete problems and seeking practical solutions that are realistic, balanced, proportionate and fair for all concerned, including in the following ways:

(a) each Party shall endeavour to convene stakeholders consensually in its territory to facilitate voluntary initiatives to find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing infringement;

(b) each Party shall endeavour to exchange information with the other Party regarding efforts to facilitate voluntary stakeholder initiatives in its territory; and

(c) the Parties shall endeavour to promote open dialogue and cooperation among the Parties' stakeholders, and to encourage the Parties' stakeholders to jointly find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing their infringement.

Article 25.66. Sub-Committee on Intellectual Property

The Sub-Committee on Intellectual Property ("Sub-Committee"), established pursuant to Article 33.4(1), shall monitor and ensure proper implementation and functioning of this Chapter and Annexes 25-A, 25-B and 25-C. The Sub-Committee shall also perform specific tasks attributed to it in this Chapter, including in Article 25.40.

Chapter 26. TRADE AND SUSTAINABLE DEVELOPMENT

Section A. COMMON PROVISIONS

Article 26.1. Objectives

1. The Parties recall the Agenda 21 on Environment and Development, adopted at the UN Conference on Environment and Development held in Rio de Janeiro, on 3 to 14 June 1992, the Johannesburg Plan of Implementation of the World Summit on Sustainable Development of 2002, the International Labour Organization ("ILO") Declaration on Social Justice for a Fair Globalization, adopted by the International Labour Conference at its 97th Session, held in Geneva on 10 June 2008 (the "ILO Declaration on Social and Justice for a Fair Globalization"), the Outcome Document of the UN Conference on Sustainable Development of 2012 entitled "The Future We Want" and the 2030 Agenda, and its Sustainable Development Goals.

2. The Parties recognise that sustainable development encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing for the welfare of present and future generations.

3. In light of the above, the objective of this Chapter is to enhance the trade and investment relationship between the Parties in a way that contributes to sustainable development, in particular its labour (1) and environmental dimensions that are relevant to trade and investment.

(1) For the purposes of this Chapter, the term "labour" means the strategic objectives of the ILO under the Decent Work Agenda, which is expressed in the ILO Declaration on Social Justice for a Fair Globalization.

4. This Chapter embodies a cooperative approach based on common values and interests

Article 26.2. Right to Regulate and Levels of Protection

1. The Parties recognise the right of each Party to determine its sustainable development policies and priorities, in particular to establish its own levels of domestic labour and environmental protection and its own labour and environmental priorities, and to adopt or modify its law and policies related to labour and environment accordingly.

2. The levels of protection, law and policies referred to in paragraph 1 shall be consistent with each Party's commitment to the multilateral environmental agreements ("MEAs") and multilateral labour standards and agreements, as referred to in this Chapter, to which it is party.

3. Each Party shall strive to ensure that its environmental and labour laws, regulations and policies provide for and encourage a high level of environmental and labour protection, and shall strive to continue improving its levels of environmental and labour protection provided in its laws, regulations and policies.

4. A Party shall not weaken or reduce the levels of protection afforded in its environmental and labour laws and regulations in order to encourage trade or investment.

5. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental and labour laws and regulations in a manner that weakens or reduces the levels of protection afforded in those laws and regulations in order to encourage trade or investment.

6. A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental and labour laws and regulations in a manner affecting trade or investment.

7. Each Party retains the right to exercise reasonable discretion and to make bona fide decisions with regard to the allocation of enforcement resources in accordance with priorities for the enforcement of its environmental and labour laws and regulations.

8. A Party shall not apply its environmental and labour laws and regulations in a manner which would constitute a disguised restriction on trade or investment.

Article 26.3. Trade and Responsible Business Conduct and Management of Supply Chains

1. The Parties recognise the importance of responsible management of supply chains through responsible business conduct or corporate social responsibility practices, and the role of trade in pursuing that objective.

(a) promote responsible business conduct or corporate social responsibility by encouraging the uptake by businesses of relevant practices that are consistent with internationally recognised principles, standards and guidelines, including sectorial guidelines of due diligence, that have been endorsed or are supported by that Party; and

(b) support the dissemination and use of relevant international instruments that have been endorsed or are supported by that Party, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, adopted in Geneva in November 1977 (the "ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy"), the UN Global Compact and the UN Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in its Resolution 17/4 of 16 June 2011.

3. The Parties recognise the utility of international sector-specific guidelines in the area of corporate social responsibility or responsible business conduct and shall promote joint work in that regard. The Parties shall also implement measures to promote the adherence to OECD Due Diligence Guidelines.

4. The Parties recognise the importance of promoting trade in goods that contribute to enhanced social conditions and environmentally sound practices, such as environmental goods and services contributing to a resource-efficient, low-carbon economy, goods whose production is not linked to deforestation and goods that are the subject of voluntary sustainability assurance schemes and mechanisms.

5. The Parties shall exchange information as well as best practices and, as appropriate, cooperate bilaterally, regionally and in international fora on issues covered by this Article.

Article 26.4. Scientific and Technical Information

1. When establishing or implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment between the Parties, each Party shall take into account available scientific and technical evidence, preferably from recognised technical and scientific bodies, as well as relevant international standards, guidelines or recommendations, where they exist.

2. If scientific evidence or information is insufficient or inconclusive and there is a risk of serious environmental degradation or a risk to occupational health and safety in its territory, a Party may adopt measures based on the precautionary principle. Such measures shall be subject to review if new or additional scientific information becomes available.

3. If a measure adopted in accordance with paragraph 2 has an impact on trade or investment between the Parties, a Party may request the Party that adopted the measure to provide information indicating that the measure is consistent with its own levels of protection, and may request discussion of the matter in the Sub-Committee on Trade and Sustainable Development.

4. Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade or investment.

Article 26.5. Transparency and Good Regulatory Practices

The Parties recognise the importance of the application of the rules on transparency and good regulatory practices in accordance with Chapters 28 and 29, in particular the rules providing opportunities for interested persons to submit views in respect of:

(a) measures aimed at protecting the environment and labour conditions that may affect trade or investment; and

(b) trade or investment measures that may affect the protection of the environment or labour conditions.

Article 26.6. Public Awareness, Information, Participation and Procedural Guarantees

1. Each Party shall promote public awareness of its labour and environmental laws and regulations, including by ensuring that its labour and environmental laws and regulations and its enforcement and compliance procedures are publicly available.

2. Each Party shall seek to accommodate requests for information from any person regarding the Party's implementation of this Chapter.

3. Each Party shall make use of the mechanisms referred to in Articles 33.5, 33.6 and 33.7 to seek views on matters related to the implementation of this Chapter.

4. Each Party shall provide for the receipt of, and give due consideration to, communications and opinions by way of written submissions from a person of that Party on matters related to the implementation of this Chapter in accordance with its domestic procedures. A Party shall respond in writing and in a timely manner to such submissions. It may notify such communications and opinions to its Domestic Consultative Group established pursuant to Article 33.6 and the contact point of the other Party designated pursuant to Article 26.19(6).

5. Each Party shall, in accordance with its law, ensure that access to administrative or judicial procedures is available to persons with a legally recognised interest in a particular matter or who claim that their right has been infringed, in order to permit action against infringements of its environmental or labour law, including appropriate remedies for violations of such law.

6. Each Party shall, in accordance with its law, ensure that the procedures referred to in paragraph 5 comply with due process, are not prohibitively costly, do not entail unreasonable time limits or unwarranted delays, provide the possibility to order an injunction if appropriate, and are fair, equitable and transparent.

Article 26.7. Cooperation Activities

1. The Parties recognise the importance of cooperation activities on trade-related aspects of environmental and labour policies in order to achieve the objectives of this Agreement and implement this Chapter.

2. Cooperation activities can be developed and implemented with the participation of international and regional organisations as well as with third countries, businesses, employers' and workers' organisations, education and research organisations and other non-governmental organisations, as appropriate.

3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties to address matters of common interest.

4. The Parties may cooperate on issues as provided for in this Chapter as well as, inter alia:

(a) labour and environmental aspects of trade and sustainable development in international fora, including in particular the WTO, the UN High-level Political Forum on Sustainable Development, the UN Environment Programme ("UNEP"), the ILO and MEAs;

(b) the impact of labour and environmental laws and standards on trade and investment;

(c) the impact of trade and investment law on labour and the environment; and

(d) trade-related aspects of:

(i) initiatives on sustainable consumption and production, including those aimed at promoting a circular economy and green growth and pollution abatement; and

(ii) initiatives to promote environmental goods and services, including by addressing related non-tariff barriers.

5. The priorities for cooperation activities shall be decided jointly by the Parties on the basis of areas of mutual interest and available resources.

6. The Parties may carry out activities in the cooperation areas set out in this Chapter in person or by any technological means available to the Parties.

Section B. ENVIRONMENT AND TRADE

Article 26.8. Objectives

1. The Parties aim to promote mutually supportive trade and environmental policies, high levels of environmental protection in line with MEAs to which they are party, respectively, and effective enforcement of their respective environmental laws and regulations, and to enhance their capacity to address trade-related environmental issues, including through cooperation.

2. The Parties recognise that enhanced cooperation to protect and conserve the environment and sustainably manage their natural resources has benefits that can contribute to sustainable development, strengthen their environmental governance and complement the objectives of this Agreement.

3. The Parties recognise the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in promoting sustainable development.

Article 26.9. Multilateral Environmental Governance and Agreements

1. The Parties recognise the importance of the UN Environment Assembly of the UNEP. The Parties recognise the critical role of MEAs in addressing global, regional and domestic environmental challenges. The Parties further recognise the need to enhance mutual supportiveness between trade and environmental policies. Accordingly, each Party shall effectively implement MEAs, including their protocols, to which it is party.

2. The Parties recognise the right of each Party to adopt or maintain measures to further the objectives of MEAs to which it is party.

3. The Parties shall engage in dialogue and cooperate, as appropriate, on trade and environmental issues of mutual interest, in particular with respect to MEAs. This shall include regular exchanges of information on the initiatives of each Party regarding the ratifications of MEAs, including their protocols and amendments.

Article 26.10. Trade and Climate Change

1. The Parties recognise the importance of MEAs in the area of climate change, in particular the need to achieve the objective of the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992 ("UNFCCC"), and the purpose and goals of the Paris Agreement, in order to address the urgent threat of climate change. Accordingly, the Parties recognise the role of trade in achieving the goal of sustainable development and addressing climate change, as well as the importance of individual and collective efforts to address climate change impacts through mitigation and adaptation actions.

2. In accordance with paragraph 1, each Party shall:

(a) effectively implement the UNFCCC and the Paris Agreement, including its commitments with regard to its nationally determined contributions;

(b) promote the positive contribution of trade to the transition to a low greenhouse gas emission and circular economy and to climate-resilient development, including actions on climate change mitigation and adaptation; and

(c) facilitate and promote trade and investment in goods and services of particular relevance for climate change mitigation and adaptation, for sustainable renewable energy and for energy efficiency, in a manner consistent with other provisions of this Agreement.

3. In accordance with Article 26.7, the Parties shall cooperate, as appropriate, on trade-related aspects of climate change, bilaterally, regionally and in international fora, including in the UNFCCC, the WTO and the Montreal Protocol on Substances that Deplete the Ozone Layer, concluded at Montreal on 16 September 1987 ("Montreal Protocol"). Furthermore, the Parties may cooperate, as appropriate, on those issues also in the International Maritime Organization.

4. In accordance with paragraph 1, the Parties shall cooperate in areas such as:

(a) exchanging knowledge and experience regarding the implementation of the Paris Agreement, as well as on initiatives to promote climate resilience, renewable energy, low emission technologies, energy efficiency, carbon pricing, sustainable transport, sustainable and climate- resilient infrastructure development, emissions monitoring, and nature-based solutions; as well as exploring options to cooperate in areas such as short-life climate pollutants and soil carbon sequestration; and

(b) exchanging knowledge and experience regarding an ambitious phase-out of ozone depleting substances and the phase-down of hydrofluorocarbons under the Montreal Protocol through measures to control their production, consumption and trade, the introduction of environmentally friendly alternatives to those ozone depleting substances and hydrofluorocarbons, updating of safety and other relevant standards, and combating the illegal trade of substances regulated by the Montreal Protocol, as appropriate.

Article 26.11. Trade and Forests

1. The Parties recognise the importance of sustainable forest management, and the role of trade in pursuing that objective.

2. In accordance with paragraph 1, each Party shall:

(a) implement measures to combat illegal logging and related trade, including through cooperation activities with third countries, as appropriate;

  • 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
  • Article   26.8 Objectives 21
  • Article   26.9 Multilateral Environmental Governance and Agreements 21
  • Article   26.10 Trade and Climate Change 21
  • Article   26.11 Trade and Forests 21
  • Article   26.12 Trade and Wild Flora and Fauna 22
  • Article   26.13 Trade and Biological Diversity 22
  • Article   26.14 Trade and Sustainable Management of Fisheries and Aquaculture 22
  • Section   C LABOUR AND TRADE 22
  • Article   26.15 Objectives 22
  • Article   26.16 Multilateral Labour Standards and Agreements 22
  • Article   26.17 Forced or Compulsory Labour 22
  • Article   26.18 Cooperation on Trade and Labour Issues 22
  • Section   D INSTITUTIONAL ARRANGEMENTS 22
  • Article   26.19 Sub-Committee on Trade and Sustainable Development and Contact Points 22
  • Article   26.20 Dispute Resolution 22
  • Article   26.21 Consultations 22
  • Article   26.22 Panel of Experts 22
  • Article   26.23 Review 22
  • Chapter   27 TRADE AND GENDER EQUALITY 23
  • Article   27.1 Context and Objectives 23
  • Article   27.2 Multilateral Agreements 23
  • Article   27.3 General Provisions 23
  • Article   27.4 Cooperation Activities 23
  • Article   27.5 Institutional Arrangements 23
  • Article   27.6 Dispute Resolution 23
  • Article   27.7 Review 23
  • Chapter   28 TRANSPARENCY 23
  • Article   28.1 Objective 23
  • Article   28.2 Definitions 23
  • Article   28.3 Publication 23
  • Article   28.4 Enquiries and Provision of Information 23
  • Article   28.5 Administrative Proceedings 23
  • Article   28.6 Review and Appeal 23
  • Article   28.7 Relation to other Chapters 23
  • Chapter   29 GOOD REGULATORY PRACTICES 23
  • Article   29.1 Scope 23
  • Article   29.2 General Principles 23
  • Article   29.3 Definitions 23
  • Article   29.4 Internal Coordination of Regulatory Development 23
  • Article   29.5 Transparency of the Regulatory Processes and Mechanisms 23
  • Article   29.6 Early Information on Planned Regulatory Measures 23
  • Article   29.7 Public Consultations 23
  • Article   29.8 Impact Assessment 23
  • Article   29.9 Retrospective Evaluation 23
  • Article   29.10 Regulatory Register 24
  • Article   29.11 Cooperation and Exchange of Information 24
  • Article   29.12 Contact Points 24
  • Article   29.13 Non-application of Dispute Settlement 24
  • Chapter   30 SMALL AND MEDIUM-SIZED ENTERPRISES 24
  • Article   30.1 Objectives 24
  • Article   30.2 Information Sharing 24
  • Article   30.3 SMEs Contact Points 24
  • Article   30.4 Non-application of Dispute Settlement 24
  • Chapter   31 DISPUTE SETTLEMENT 24
  • Section   A OBJECTIVE AND SCOPE 24
  • Article   31.1 Objective 24
  • Article   31.2 Scope 24
  • Article   31.3 Definitions 24
  • Section   B CONSULTATIONS 24
  • Article   31.4 Consultations 24
  • Section   C PANEL PROCEDURES 24
  • Article   31.5 Initiation of Panel Procedures 24
  • Article   31.6 Establishment of a Panel 24
  • Article   31.7 Choice of Forum 24
  • Article   31.8 Lists of Panellists 24
  • Article   31.9 Requirements for Panellists 24
  • Article   31.10 Functions of the Panel 24
  • Article   31.11 Terms of Reference 24
  • Article   31.12 Decision on Urgency 24
  • Article   31.13 Interim and Final Report 24
  • Article   31.14 Compliance Measures 24
  • Article   31.15 Reasonable Period of Time 24
  • Article   31.16 Compliance Review 24
  • Article   31.17 Temporary Remedies 24
  • Article   31.18 Review of Measures Taken to Comply after Temporary Remedies 25
  • Article   31.19 Replacement of Panellists 25
  • Article   31.20 Rules of Procedure 25
  • Article   31.21 Suspension and Termination 25
  • Article   31.22 Right to Seek Information 25
  • Article   31.23 Rules of Interpretation 25
  • Article   31.24 Reports and Decisions of the Panel 25
  • Section   D MEDIATION MECHANISM 25
  • Article   31.25 Objective 25
  • Article   31.26 Initiation of the Mediation Procedure 25
  • Article   31.27 Selection of the Mediator 25
  • Article   31.28 Rules of the Mediation Procedure 25
  • Article   31.29 Confidentiality 25
  • Article   31.30 Relationship to Dispute Settlement Procedures 25
  • Section   E COMMON PROVISIONS 25
  • Article   31.31 Request for Information 25
  • Article   31.32 Mutually Agreed Solution 25
  • Article   31.33 Time Periods 25
  • Article   31.34 Costs 25
  • Article   31.35 Amendment of Annexes 25
  • Chapter   32 EXCEPTIONS 25
  • Article   32.1 General Exceptions 25
  • Article   32.2 Security Exceptions 25
  • Article   32.3 Taxation 25
  • Article   32.4 Disclosure of Information 25
  • Article   32.5 WTO Waivers 25
  • Chapter   33 INSTITUTIONAL AND FINAL PROVISIONS 25
  • Section   A INSTITUTIONAL PROVISIONS 25
  • Article   33.1 Trade Council 25
  • Article   33.2 Trade Committee 26
  • Article   33.3 Coordinators 26
  • Article   33.4 Sub-Committees and other Bodies 26
  • Article   33.5 Participation of Civil Society 26
  • Article   33.6 Domestic Consultative Groups 26
  • Article   33.7 Civil Society Forum 26
  • Section   B FINAL PROVISIONS 26
  • Article   33.8 Territorial Application 26
  • Article   33.9 Entry Into Force 26
  • Article   33.10 Amendments 26
  • Article   33.11 Other Agreements 26
  • Article   33.12 Annexes, Appendices, Protocols, Notes and Footnotes 26
  • Article   33.13 Future Accessions to the European Union 26
  • Article   33.14 Private Rights 26
  • Article   33.15 Private Rights 26
  • Article   33.16 Termination 26
  • Article   33.17 Authentic Texts 26
  • ANNEX 10-A  RESERVATIONS FOR EXISTING MEASURES 26
  • Appendix 10-A-1  SCHEDULE OF THE EUROPEAN UNION 27