Each Party shall ensure that regulatory measures that are in effect are published in a designated register that identifies regulatory measures by topic and that is publicly available on a single and freely accessible website. The website should allow searches for regulatory measures by citations or by word. Each Party shall periodically update its register.
Article 29.11. Cooperation and Exchange of Information
The Parties may cooperate in order to facilitate the implementation of this Chapter. That cooperation may include the organisation of any relevant activities to strengthen cooperation between their regulatory authorities and the exchange of information on the regulatory practices set out in this Chapter.
Article 29.12. Contact Points
Each Party shall designate a contact point to facilitate the exchange of information between the Parties, within one month of the date of entry into force of this Agreement.
Article 29.13. Non-application of Dispute Settlement
Chapter 31 does not apply to this Chapter.
Chapter 30. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 30.1. Objectives
The Parties recognise the importance of small and medium-sized enterprises ("SMEs") in their bilateral trade and investment relations and affirm their commitment to enhance the ability of SMEs to benefit from this Agreement.
Article 30.2. Information Sharing
1. Each Party shall establish or maintain a publicly accessible SMEs-specific website that contains information regarding this Agreement, including:
(a) a summary of this Agreement; and
(b) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that each Party considers to be relevant to SMEs of both Parties; and
(ii) any additional information that the Party considers would be useful for SMEs interested in benefitting from the opportunities provided for by this Agreement.
2. Each Party shall include on the website provided for in paragraph 1 an internet link to the:
(a) text of this Agreement, including Annexes and Appendices thereto, in particular tariff schedules, and product-specific rules of origin;
(b) equivalent website of the other Party; and
(c) websites of its own authorities that the Party considers would provide useful information to persons interested in trading and doing business in that Party.
3. Each Party shall include on the website provided for in paragraph 1 an internet link to websites of its own authorities with information related to the following:
(a) customs regulations and procedures for importation, exportation and transit as well as relevant forms, documents and other information required;
(b) regulations and procedures concerning intellectual property rights, including geographical indications;
(c) technical regulations including, where necessary, obligatory conformity assessment procedures and links to lists of conformity assessment bodies, in the cases where third party conformity assessment is obligatory, as provided for in Chapter 9;
(d) sanitary and phytosanitary measures relating to importation and exportation as provided for in Chapter 6;
(e) rules on public procurement and a database containing public procurement notices and other relevant provisions of Chapter 21;
(f) company registration procedures; and
(g) other information which the Party considers may be of assistance to SMEs.
4. Each Party shall include on the website provided for in paragraph 1 an internet link to a database that is electronically searchable by Harmonized System code and that includes the following information with respect to access to its market:
(a) rates of customs duties and quotas, including most-favoured-nation customs duty rates, rates concerning non most-favoured-nation countries and preferential rates and tariff rate quotas;
(b) excise duties;
(c) taxes (such as value added tax);
(d) customs or other fees, including other product-specific fees;
(e) rules of origin as provided for in Chapter 3;
(f) duty drawback, deferral, or other types of relief that reduce, refund, or waive customs duties;
(g) criteria used to determine the customs value of the good;
(h) other tariff measures;
(i) information needed for import procedures; and
(j) information related to non-tariff measures or regulations.
5. Each Party shall regularly, or when requested by the other Party, update the information and links referred to in paragraphs 1 to 4 that it maintains on its website to ensure they are up-to-date and accurate.
6. Each Party shall ensure that the information referred to in this Article is presented in an adequate manner for the use of SMEs. Each Party shall endeavour to make such information available in English.
7. A Party shall not apply any fee for access to the information provided pursuant to paragraphs 1 to 4 for any person of a Party.
Article 30.3. SMEs Contact Points
1. Each Party shall communicate to the other Party its SMEs contact point that will carry out the functions listed in this Article. A Party shall notify the other Party promptly of any change in the details of those contact points.
2. The SMEs contact points shall:
(a) ensure that SMEs' needs are taken into account in the implementation of this Agreement so that SMEs of both Parties can take advantage of new opportunities under this Agreement;
(b) ensure that the information referred to in Article 30.2 is up-to-date and relevant for SMEs; either Party may, through the SMEs contact point, suggest additional information that the other Party may include in the information to be provided in accordance with Article 30.2;
(c) examine any matter relevant to SMEs in connection with the implementation of this Agreement, including:
(i) exchanging information to assist the Trade Committee in its tasks of monitoring and implementing the SMEs–related aspects of this Agreement;
(ii) assisting Sub-Committees and contact points established by this Agreement, in considering matters of relevance to SMEs;
(d) report periodically on their activities, jointly or individually, to the Trade Committee for its consideration; and
(e) consider any other matter arising under this Agreement pertaining to SMEs as the Parties may agree.
3. SMEs contact points shall meet as necessary and shall carry out their work through the communication channels agreed by the Parties, which may include electronic mail, video-conferencing or other means.
4. SMEs contact points may seek to cooperate with experts and external organisations, as appropriate, in carrying out their activities.
Article 30.4. Non-application of Dispute Settlement
Chapter 31 does not apply to this Chapter.
Chapter 31. DISPUTE SETTLEMENT
Section A. OBJECTIVE AND SCOPE
Article 31.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of this Agreement with a view to reaching a mutually agreed solution.
Article 31.2. Scope
This Chapter applies with respect to any dispute between the Parties concerning the interpretation and application of the provisions of this Agreement (hereinafter referred to as "covered provisions"), unless otherwise provided for in this Agreement.
Article 31.3. Definitions
For the purposes of this Chapter and Annexes 31-A and 31-B:
(a) "complaining Party" means the Party that requests the establishment of a panel pursuant to Article 31.5;
(b) "mediator" means an individual who has been selected as mediator in accordance with Article 31.27;
(c) "panel" means a panel established pursuant to Article 31.6;
(d) "panellist" means a member of a panel; and
(e) "Party complained against" means the Party that is alleged to be in breach of a covered provision.
Section B. CONSULTATIONS
Article 31.4. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 31.2 by entering into consultations in good faith with a view to reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the measure at issue and the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than 10 days after the date of delivery of the request for consultations. Consultations shall be held within 30 days after the date of delivery of the request for consultations and shall take place, unless the Parties agree otherwise, in the territory of the Party to which the request is made. The consultations shall be deemed concluded 46 days after the date of delivery of the request for consultations, unless the Parties agree to continue the consultations.
4. Consultations on matters of urgency, including those regarding perishable goods or seasonal goods or services, shall be held within 15 days after the date of delivery of the request for consultations. The consultations shall be deemed concluded 23 days after the date of delivery of the request for consultations, unless the Parties agree to continue the consultations.
5. During consultations, each Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure at issue could affect the application of this Agreement. Each Party shall endeavour to ensure the participation of personnel of its competent governmental authorities who have expertise in the matter which is subject to the consultations.
6. Consultations and, in particular, all information designated as confidential and positions taken by a Party during consultations, shall be confidential and without prejudice to the rights of each Party in any further proceedings.
7. If the Party to which the request for consultations is made does not respond to the request within 10 days after the date of its delivery, if consultations are not held within the timeframes laid down in paragraph 3 or 4, if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that requested consultations may have recourse to Article 31.5.
Section C. PANEL PROCEDURES
Article 31.5. Initiation of Panel Procedures
1. If the Parties fail to resolve the matter through consultations as provided for in Article 31.4, the Party that requested consultations may request the establishment of a panel.
2. The request for the establishment of a panel shall be made by means of a written request delivered to the other Party. The complaining Party shall identify the measure at issue in its request, specify the covered provisions that it considers applicable, and explain how that measure constitutes a breach of the covered provisions in a manner that is sufficient to present the legal basis for the complaint clearly.
Article 31.6. Establishment of a Panel
1. A panel shall be composed of three panellists.
2. Within 14 days after the date of delivery to the Party complained against of the request for the establishment of a panel, the Parties shall consult with a view to agreeing on the composition of the panel.
3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2 of this Article, each Party shall appoint a panellist from the sub-list of that Party established under Article 31.8(1) within 10 days after the date of expiry of the time period provided for in paragraph 2 of this Article. If the Party complained against does not appoint a panellist from its sub-list within that time period, the co-chair of the Trade Committee of the complaining Party shall select by lot, within five days after the date of expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the Trade Committee of the complaining Party may delegate such selection by lot of the panellist.
4. If the Parties do not agree on the chairperson of the panel within the time period provided for in paragraph 2 of this Article, the co-chair of the Trade Committee of the complaining Party shall select by lot, within 10 days after the date of expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under subparagraph (c) of Article 31.8(1). The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot of the chairperson of the panel.
5. The panel shall be deemed to be established 15 days after the date on which the three selected panellists have notified the Parties of their acceptance of the appointment in accordance with Annex 31-A, unless the Parties agree otherwise. Each Party shall promptly make public the date of establishment of the panel.
6. If any of the lists provided for in Article 31.8 have not been established or do not contain sufficient names at the time a request is made pursuant to paragraph 3 or 4 of this Article, the panellists shall be selected by lot from the individuals who have been formally proposed by one Party or both Parties, in accordance with Annex 31-A.
Article 31.7. Choice of Forum
1. If a dispute arises concerning a particular measure in alleged breach of an obligation under this Agreement and a substantially equivalent obligation under another international agreement to which both Parties are party, including the WTO Agreement, the Party seeking redress shall select the forum in which to settle the dispute.
2. Once a Party has selected the forum and initiated dispute settlement procedures under this Section or under another international agreement with respect to the particular measure referred to in paragraph 1, that Party shall not initiate dispute settlement procedures under that other international agreement or this Section, respectively, unless the forum first selected fails to make findings for procedural or jurisdictional reasons.
3. For the purposes of this Article:
(a) dispute settlement procedures under this Section are deemed to be initiated by a Party's request for the establishment of a panel pursuant to Article 31.5;
(b) dispute settlement procedures under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement; and
(c) dispute settlement procedures under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement.
4. Without prejudice to paragraph 2, nothing in this Agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under the dispute settlement procedures of another international agreement to which the Parties are party. The WTO Agreement or any other international agreement between the Parties shall not be invoked to preclude a Party from suspending obligations pursuant to this Section.
Article 31.8. Lists of Panellists
1. The Trade Committee shall, no later than one year after the date of entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as panellists. 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 who are not nationals of either Party and who shall serve as chairperson of the panel.
2. 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.
3. The Trade Committee may establish additional lists of individuals with expertise in specific sectors covered by this Agreement. If the Parties so agree, such additional lists shall be used to compose the panel in accordance with the procedure set out in Article 31.6.
Article 31.9. Requirements for Panellists
1. Each panellist shall:
(a) have demonstrated expertise in law, international trade and other matters covered by this Agreement;
(b) be independent of, and not be affiliated with or take instructions from, either Party;
(c) serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; and
(d) comply with Annex 31-B.
2. The chairperson shall, in addition to fulfilling the requirements set out in paragraph 1, have experience in dispute settlement procedures.
3. In view of the subject matter of a particular dispute, the Parties may agree to derogate from the requirements listed in subparagraph (a) of paragraph 1.
Article 31.10. Functions of the Panel
The panel:
(a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the covered provisions;
(b) shall set out, in its decisions and reports, the findings of facts, the applicability of the covered provisions and the basic rationale behind any findings and conclusions that it makes; and
(c) should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution.
Article 31.11. Terms of Reference
1. Unless the Parties agree otherwise within five days after the date of establishment of the panel, the terms of reference of the panel shall be:
"to examine, in the light of the relevant provisions of the Interim Agreement on Trade between the European Union and the Republic of Chile, cited by the Parties, the matter referred to in the request for the establishment of the panel, to make findings on the conformity of the measure at issue with the covered provisions of that Agreement and to deliver a report in accordance with Article 31.13 of that Agreement".
2. If the Parties agree on terms of reference other than those set out in paragraph 1, they shall notify the panel of the agreed terms of reference within the time period set out in paragraph 1.
Article 31.12. Decision on Urgency
1. If a Party so requests, the panel shall decide, within 10 days after the date of its establishment, whether the case concerns a matter of urgency.
2. In cases of urgency, the applicable time periods set out in this Section shall be half of the time set out therein, except for the time periods referred to in Articles 31.6 and 31.11.
Article 31.13. Interim and Final Report
1. The panel shall deliver an interim report to the Parties within 90 days after the date of establishment of the panel. If the panel considers that that deadline cannot be met, the chairperson of the panel shall notify the Parties, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. The panel shall under no circumstances deliver its interim report later than 120 days after the date of establishment of the panel.
2. Each Party may deliver to the panel a written request to review precise aspects of the interim report within 10 days after the date of its delivery. A Party may comment on the other Party's request within six days after the date of delivery of that request.
3. If no request is delivered pursuant to paragraph 2, the interim report shall become the final report.
4. The panel shall deliver its final report to the Parties within 120 days after the date of establishment of the panel. If the panel considers that that deadline cannot be met, the chairperson of the panel shall notify the Parties, stating the reasons for the delay and the date on which the panel plans to deliver its final report. The panel shall under no circumstances deliver its final report later than 150 days after the date of establishment of the panel.
5. The final report shall include a discussion of any written request by the Parties on the interim report and clearly address the comments of the Parties. The panel shall set out the following in the interim and the final report:
(a) a descriptive section containing a summary of the arguments of the Parties and of the comments referred to in paragraph 2;
(b) its findings on the facts of the case and on the applicability of the relevant covered provisions;
(c) its findings on whether the measure at issue is or is not in conformity with the relevant covered provisions; and
(d) the reasons for the findings referred to in subparagraphs (b) and (c).
6. The final report shall be final and binding on the Parties.
Article 31.14. Compliance Measures
1. The Party complained against shall take any measure necessary to comply promptly with the final report in order to bring itself in compliance with the covered provisions.
2. The Party complained against shall, no later than 30 days after the date of delivery of the final report, notify the complaining Party of any measure which it has taken or envisages to take to comply with the final report.
Article 31.15. Reasonable Period of Time
1. If immediate compliance is not possible, the Party complained against shall, no later than 30 days after the date of delivery of the final report, notify the complaining Party of the length of
the reasonable period of time it will require for compliance. The Parties shall endeavour to agree on the length of the reasonable period of time to comply with the final report.
2. If the Parties have not agreed on the length of the reasonable period of time, the complaining Party may, no earlier than 20 days after the date of delivery of the notification referred to in paragraph 1, request, in writing, the original panel to determine the length of the reasonable period of time. The panel shall deliver its decision to the Parties within 20 days after the date of delivery of the request.
3. The Party complained against shall, at least one month before the expiry of the reasonable period of time, notify the complaining Party of its progress in complying with the final report.
4. The Parties may agree to extend the reasonable period of time.
Article 31.16. Compliance Review
1. The Party complained against shall, no later than on the date of expiry of the reasonable period of time referred to in Article 31.15, notify the complaining Party of any measure that it has taken to comply with the final report.
2. When the Parties disagree on the existence or the consistency with the covered provisions of any measure taken to comply, the complaining Party may deliver a request, in writing, to the original panel to decide on the matter. The request shall identify any measure at issue and explain how that measure constitutes a breach of the covered provisions in a manner that is sufficient to present the legal basis for the complaint clearly. The panel shall deliver its decision to the Parties within 46 days after the date of delivery of the request.
Article 31.17. Temporary Remedies
1. On request of, and after consultations with, the complaining Party, the Party complained against shall present an offer for temporary compensation if:
(a) the Party complained against notifies the complaining Party that it is not possible to comply with the final report;