Article 27.1. Context and Objectives
1. The Parties agree on the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and on the key role that gender-responsive policies can play in that regard. This includes removing barriers to women's participation in the economy and international trade, including improving equal opportunities of access to work functions and sectors for men and women in the labour market.
2. The Parties acknowledge that international trade and investment are engines of economic growth and also recognise the important contribution of women to economic growth through their participation in economic activity, including business and international trade.
3. The Parties recognise that women's participation in international trade can contribute to advancing their economic empowerment and economic independence. Furthermore, women's access to, and ownership of, economic resources contribute to sustainable and inclusive economic growth, prosperity, competitiveness, and the well-being of society. Accordingly, the Parties underline their intention to implement this Agreement in a manner that promotes and enhances equality between men and women.
4. The Parties recall the United Nations 2030 Agenda for Sustainable Development and the SDGs pertaining to trade and gender equality, in particular Goal 5: achieve gender equality and empower all women and girls.
5. The Parties recall the objectives of the Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference held in Buenos Aires in December 2017.
6. The Parties recall their commitments on mainstreaming gender equality and the empowerment of women and girls as well as the respect for democratic principles and human rights and fundamental freedoms, as set out in the Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948, and other relevant international human rights instruments related to gender equality to which they are party.
7. The Parties reaffirm their commitments under the Beijing Declaration and Platform for Action, adopted at the Fourth World Conference of Women, held in Beijing from 4 to 15 September 1995, noting in particular the objectives and provisions related to women's equal access to resources, employment, markets and trade.
8. The Parties reaffirm the importance of inclusive trade policies which contribute to the promotion of equal rights, treatment and opportunities between men and women as well as to the elimination of all forms of discrimination against women.
9. The Parties emphasise the role of the private sector in fostering gender equality by applying non-discrimination and diversity policies in their corporate operations in line with international guidelines and standards endorsed or supported by the Parties.
10. The Parties aim to:
(a) enhance their trade relations, cooperation and dialogue in ways that are conducive to equal opportunities for, and treatment of, women and men, as workers, producers, traders or consumers, in accordance with their international commitments.
(b) facilitate cooperation and dialogue with the aim of enhancing the capacity and conditions for women to access opportunities created by trade.
(c) further improve their capacities to address trade-related gender issues, including through exchange of information and best practices.
Article 27.2. Multilateral Agreements
1. Each Party reaffirms its commitment to effectively implement its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the UN General Assembly on 18 December 1979, noting in particular those provisions related to eliminating discrimination against women in economic life and in the field of employment.
2. The Parties recall their respective obligations under Article 26.16 of this Agreement regarding the ILO Conventions related to gender equality and the elimination of discrimination in respect of employment and occupation ratified by Member States and Chile.
3. Each Party reaffirms its commitment to effectively implement its obligations under other multilateral agreements to which it is party addressing gender equality or women's rights.
Article 27.3. General Provisions
1. The Parties recognise the right of each Party to establish its own scope and guarantees of equal opportunities for men and women and to adopt or modify accordingly its relevant laws and policies, in accordance with its commitments under the international agreements referred to in Article 27.2.
2. Each Party shall strive to ensure that its relevant laws and policies provide for, and promote equal rights, treatment and opportunities between men and women, in accordance with its international commitments. Each Party shall strive to improve such laws and policies.
3. Each Party shall endeavour to gather sex-disaggregated data related to trade and gender with a view to better understanding the different impacts of trade policy instruments on women and men in their roles as workers, producers, traders or consumers.
4. Each Party shall promote in its territory public awareness of its laws and policies related to gender equality, including their impact on and relevance for inclusive economic growth and for trade policy.
5. Each Party shall, when relevant, take into account the objective of equality between men and women when formulating, implementing and reviewing measures in the areas covered under this Agreement.
6. Each Party shall encourage trade and investment by promoting equal opportunities and the participation of women and men in the economy and international trade. This includes, inter alia, measures that aim at: progressively eliminating all types of discrimination on grounds of sex; promoting the principle of equal pay for work of equal value in order to address the gender pay gap and facilitating the non-discrimination of women in employment and occupation, including for reasons of pregnancy and maternity.
7. A Party shall not weaken or reduce the protection granted under its respective laws aimed at ensuring gender equality or equal opportunities for women and men in order to encourage trade or investment.
8. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its respective laws aimed at ensuring gender equality or equal opportunities for women and men, in a manner that weakens or reduces the protection granted pursuant to those laws, in order to encourage trade or investment.
9. A Party shall not fail to effectively enforce, through a sustained or recurring course of action or inaction, the protection granted under its respective laws aimed at ensuring gender equality or equal opportunities for women and men in a manner affecting trade or investment.
Article 27.4. Cooperation Activities
1. The Parties acknowledge the benefits of sharing their respective experiences in designing, implementing, monitoring and strengthening trade-related aspects of gender equality measures.
2. In accordance with paragraph 1, the Parties shall carry out cooperation activities designed to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement.
3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties.
4. Cooperation activities may be developed and implemented with the participation of the UN, WTO, ILO, OECD and other international organisations, as well as of third countries, businesses, employers' and workers' organisations, education and research organisations and other non- governmental organisations, as appropriate.
5. Areas of cooperation may include sharing experiences and best practices relating to policies and programmes in order to encourage women's increased participation in international trade as well as trade-related aspects of:
(a) the promotion of women's financial inclusion and education as well as access to financing and financial assistance;
(b) the advancement of women's leadership and the development of women's networks;
(c) the promotion of women's full participation in the economy by encouraging their participation, leadership and education, in particular in fields in which they are underrepresented, such as science, technology, engineering, mathematics (STEM), as well as innovation and business;
(d) the promotion of gender equality within enterprises;
(e) women's participation in decision-making positions in the public and private sectors;
(f) public and private initiatives aimed at the promotion of female entrepreneurship, including the integration of women in the formal sector of the economy, enhancing the competitiveness of women-led enterprises to allow them to participate and compete in local, regional, and global value chains, and activities to promote the internationalisation of small and medium-sized enterprises led by women;
(g) policies and programmes to improve women's digital skills and access to online business tools and e-commerce platforms;
(h) the advancement of care policies and programmes as well as work-life balance measures with a gender perspective;
(i) the exploration of the link between the increased participation of women in international trade and the reduction of the gender pay gap;
(j) the development of gender-based analysis of trade policies, including design, implementation and monitoring of their effects;
(k) the collection of sex-disaggregated data, the use of indicators, monitoring and evaluation methodologies, and the analysis of statistics related to trade from a gender perspective;
(l) the exploration of linkages between women's participation in international trade and areas such as decent work, occupational segregation, and working conditions of women, including the safety and health at work of pregnant workers and workers who have recently given birth, in accordance with subparagraph (f) of Article 26.18;
(m) policies and programmes to prevent, mitigate and respond to the differentiated economic impact that crises and emergencies have on women and men; and
(n) other issues as agreed by the Parties.
6. The priorities for cooperation activities shall be decided jointly by the Parties on the basis of areas of mutual interest and available resources.
7. Cooperation, including in the areas set out in paragraph 5, may be undertaken in person or by any technological means available to the Parties, through activities such as: workshops, seminars, conferences, collaborative programmes and projects; exchange of experiences, and sharing of best practices on policies and procedures; and the exchange of experts.
8. Through the Sub-Committee on Trade and Sustainable Development established pursuant to Article 33.4(1), the Parties shall encourage efforts by the bodies established in this Agreement to integrate gender-related issues, considerations and activities in their work.
9. The Parties shall encourage inclusive participation of women in the implementation of the cooperation activities established pursuant to this Article, as appropriate.
Article 27.5. Institutional Arrangements
1. The Sub-Committee on Trade and Sustainable Development established pursuant to Article 33.4(1) shall be responsible for the implementation of this Chapter. Article 26.19 shall apply to this Chapter mutatis mutandis (1).
2. When interacting with civil society in the Domestic Consultative Groups created or designated pursuant to Article 33.6 and in the Civil Society Forum organised pursuant to Article 33.7, the Parties shall encourage the participation of organisations promoting equality between men and women.
Article 27.6. Dispute Resolution
Articles 26.20, 26.21 and 26.22 apply to this Chapter mutatis mutandis (2).
Article 27.7. Review
1. The Parties agree on the importance of monitoring and assessing, jointly or individually, through their respective processes and institutions, as well as those set up under this Agreement, the impact of the implementation of this Agreement on equality between men and women and opportunities provided for women in relation to trade.
2. The Parties may review this Chapter in light of the experience gained in its implementation and if necessary, suggest how it may be strengthened.
Chapter 28. TRANSPARENCY
Article 28.1. Objective
1. The Parties, recognising the impact which their respective regulatory environments may have on trade and investment between them, aim at providing a predictable regulatory environment and efficient procedures for economic operators, especially small and medium-sized enterprises.
2. The Parties reaffirm their respective commitments under the WTO Agreement, and, in this Chapter, build on those commitments and lay down further arrangements for transparency.
Article 28.2. Definitions
For the purposes of this Chapter:
(a) "administrative decision" means a decision or action with legal effect that applies to a specific person, good or service in an individual case and covers the failure to take an administrative decision as provided for in the law of a Party; and
(b) "administrative ruling of general application" means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation, and that establishes a norm of conduct, but does not include:
(i) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or
(ii) a ruling that adjudicates with respect to a particular act or practice.
Article 28.3. Publication
1. Each Party shall ensure that its laws, regulations, procedures, administrative rulings of general application and judicial decisions with respect to any matter covered by this Agreement are promptly published via an officially designated medium and, where feasible, by electronic means, or otherwise made available in such a manner as to enable any person to become acquainted with them.
2. Each Party shall provide an explanation of the objective of, and rationale for, its laws, regulations, procedures, administrative rulings of general application and judicial decisions with respect to any matter covered by this Agreement.
3. Each Party shall provide a reasonable period of time between the date of publication and the date of entry into force of the laws and regulations with respect to any matter covered by this Agreement, except where it is not possible on grounds of urgency. This paragraph does not apply to administrative rulings of general application and judicial decisions.
Article 28.4. Enquiries and Provision of Information
1. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from any person regarding any laws or regulations with respect to any matter covered by this Agreement.
2. On request of a Party, the other Party shall promptly provide information and respond to enquiries pertaining to any laws or regulations, whether in force or planned, with respect to any matter covered by this Agreement, unless a specific mechanism is established under another Chapter of this Agreement.
Article 28.5. Administrative Proceedings
1. Each Party shall administer all laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement in an objective, impartial and reasonable manner.
2. If administrative proceedings relating to particular persons, goods or services of the other Party are initiated in respect of the application of laws, regulations, procedures or administrative rulings of general application referred to in paragraph 1, each Party shall:
(a) endeavour to provide persons who are directly affected by administrative proceedings with reasonable notice, in accordance with its laws and regulations, when proceedings are initiated, including a description of the nature of the proceedings, a statement of the legal authority under which the proceedings are initiated and a general description of any issue in question; and
(b) afford such persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative decision to the extent that time, the nature of the proceedings and the public interest permit.
Article 28.6. Review and Appeal
1. Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, the correction of administrative decisions with respect to any matter covered by this Agreement.
2. Each Party shall ensure that its judicial, arbitral or administrative tribunals carry out procedures for appeal or review in a non-discriminatory and impartial manner. Such tribunals shall be impartial and independent of the authority entrusted with administrative enforcement powers, and shall not have any interest in the outcome of the matter.
3. With respect to the tribunals or procedures referred to in paragraph 1, each Party shall ensure that the parties before such tribunals or to such proceedings are provided with:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of records or, where required by its law, the records compiled by the relevant authority.
4. Each Party shall ensure that the decision referred to in subparagraph (b) of paragraph 3 is implemented by the authority entrusted with administrative enforcement powers, subject to appeal or further review as provided for in its laws and regulations.
Article 28.7. Relation to other Chapters
The provisions set out in this Chapter apply in addition to the specific rules set out in other Chapters.
Chapter 29. GOOD REGULATORY PRACTICES
Article 29.1. Scope
1. This Chapter applies to regulatory measures adopted or initiated by regulatory authorities in respect to any matter covered by this Agreement.
2. This Chapter does not apply to regulatory authorities and regulatory measures, practices or approaches of the Member States.
Article 29.2. General Principles
1. The Parties recognise the importance of:
(a) using good regulatory practices in the process of planning, designing, issuing, implementing, evaluating and reviewing regulatory measures for the purpose of achieving domestic policy objectives; and
(b) maintaining and enhancing the benefits of this Agreement in facilitating trade in goods and services and increasing investment between the Parties.
2. Each Party shall be free to determine its approach to good regulatory practices under this Agreement in a manner consistent with its own legal framework, practice and fundamental principles, including the precautionary principle, underlying its regulatory system.
3. Nothing in this Chapter shall be construed as requiring a Party to:
(a) deviate from domestic procedures for preparing and adopting regulatory measures;
(b) take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or
(c) achieve any particular regulatory outcome.
Article 29.3. Definitions
For the purposes of this Chapter:
(a) "regulatory authority" means:
(i) for the European Union: the European Commission; and
(ii) for Chile: any regulatory authority of the executive branch; and
(b) "regulatory measures" means:
(i) for the European Union:
(A) regulations and directives, as provided for in Article 288 of the Treaty on the Functioning of the European Union; and
(B) implementing and delegated acts, as provided for in Article 290 and Article 291 Treaty on the Functioning of the European Union, respectively; and
(ii) for Chile: laws and decrees of general application that are adopted by the regulatory authorities compliance with which is mandatory (1).
Article 29.4. Internal Coordination of Regulatory Development
Each Party shall maintain internal coordination or review processes or mechanisms for the preparation, evaluation and review of regulatory measures. Such processes or mechanisms should seek, inter alia, to:
(a) foster good regulatory practices, including those set out in this Chapter;
(b) identify and avoid unnecessary duplication and inconsistent requirements in the Party's regulatory measures;
(c) ensure compliance with the international trade obligations of the Party; and
(d) promote the consideration of the impact of the regulatory measures under preparation, including the impact on small and medium-sized enterprises.
Article 29.5. Transparency of the Regulatory Processes and Mechanisms
Each Party shall make publicly available descriptions, in accordance with its respective rules and procedures, of the processes and mechanisms used by its regulatory authority to prepare, evaluate or review regulatory measures. Those descriptions shall refer to relevant guidelines, rules or procedures, including those allowing the public to provide comments.
Article 29.6. Early Information on Planned Regulatory Measures
1. Each Party shall endeavour to publish on an annual basis, in accordance with its respective rules and procedures, information on planned major (1) regulatory measures.
2. With respect to each major regulatory measure referred to in paragraph 1, each Party shall endeavour to make publicly available, in a timely manner:
(a) a brief description of its scope and objectives; and
(b) if available, the estimated timing for its adoption, including, where applicable, opportunities for public consultations.
Article 29.7. Public Consultations
1. When preparing a major regulatory measure, each Party shall, if applicable, in accordance with its respective rules and procedures:
(a) publish a draft regulatory measure or consultation documents providing sufficient details about the regulatory measure under preparation to allow any person (1) to assess whether and how the person's interests might be significantly affected;
(b) offer reasonable opportunities for any person, on a non-discriminatory basis, to provide comments; and
(c) consider the comments received.
2. The regulatory authority of each Party shall endeavour to make use of electronic means of communication and seek to maintain a dedicated electronic portal for the purpose of providing information and receiving comments related to public consultations.
3. The regulatory authority of each Party shall endeavour to make publicly available a summary of the results of the consultations or any comments received, except to the extent necessary to protect confidential information or withhold personal data or inappropriate content.
Article 29.8. Impact Assessment
1. Each Party shall promote the carrying out by its regulatory authority, in accordance with the applicable rules and procedures, of an impact assessment of the major regulatory measures it is preparing.
2. When carrying out an impact assessment, the regulatory authority of each Party shall promote processes and mechanisms that consider the following factors:
(a) the need for the regulatory measure, including the nature and the significance of the problem the regulatory measure is intended to address;
(b) feasible and appropriate regulatory and non-regulatory alternatives, if any, that would achieve the Party's public policy objective, including the option of not regulating;
(c) to the extent possible and relevant, the potential social, economic and environmental impact of those alternatives, including on international trade and on small and medium-sized enterprises; and
(d) how the options under consideration relate to relevant international standards, if any, including the reason for any divergence, where appropriate.
3. With respect to any impact assessment of a regulatory measure that a regulatory authority has carried out, that regulatory authority shall prepare a final report detailing the factors it considered in its assessment and the relevant findings. Such report shall be made publicly available when the regulatory measure concerned is made publicly available.
Article 29.9. Retrospective Evaluation
The Parties recognise the positive contribution of periodic retrospective evaluations of existing regulatory measures that are in effect to reducing unnecessary regulatory burden, including on small and medium-sized enterprises, and to achieving public policy objectives more effectively. The Parties shall endeavour to promote the use of periodic retrospective evaluations in their regulatory systems.