(b) discussing, whenever possible, their positions in international fora where relevant trade and investment issues are discussed, and fostering international programmes in the areas of energy efficiency, renewable energy and raw materials; and
(c) promoting responsible business conduct in accordance with international standards that have been endorsed or are supported by the Parties, such as the OECD Guidelines for Multinational Enterprises and, in particular, Chapter IX thereof on Science and Technology.
Thematic cooperation on energy
2. The Parties recognise the need to accelerate the deployment of renewable and low carbon energy sources, increase energy efficiency and promote innovation, and to ensure access to safe, sustainable and affordable energy. The Parties shall cooperate on any relevant issue of mutual interest, such as:
(a) renewable energy, in particular with regard to technologies, integration into and access to the electricity system, storage and flexibility, and the whole renewable hydrogen supply chain;
(b) energy efficiency, including regulation, best practices, and efficient and sustainable heating and cooling systems;
(c) electromobility and charging infrastructure deployment; and
(d) open and competitive energy markets.
Thematic cooperation on raw materials
3. The Parties recognise their shared commitment to responsible sourcing and sustainable production of raw materials, and their mutual interest in facilitating the integration of raw materials value chains. The Parties shall cooperate on any relevant issue of mutual interest, such as:
(a) responsible mining practices and sustainability of raw materials value chains, including the contribution of raw materials value chains to the fulfilment of the UN Sustainable Development Goals;
(b) raw materials value chains, including value addition; and
(c) identification of areas of mutual interest for cooperation on research, development and innovation activities covering the entire raw materials value chain, including cutting-edge technologies, smart mining and digital mines.
4. When developing cooperation activities, the Parties shall take into account available resources. Activities may be carried out in person or by any technological means available to the Parties.
5. Cooperation activities may be developed and implemented with the participation of international organisations, global fora and research institutions, as agreed between the Parties.
Article 8.15. Energy Transition and Renewable Fuels
1. For the purpose of implementing this Chapter, the Parties recognise the important contribution of renewable fuels, inter alia, renewable hydrogen, including their derivatives, and renewable synthetic fuels, in reducing greenhouse gas emissions to address climate change.
2. In accordance with Article 8.12(2), the Parties shall, as appropriate, cooperate on convergence or harmonisation, if possible, of certification schemes for renewable fuels, such as schemes with regard to lifecycle emissions and safety standards.
3. Regarding renewable fuels, the Parties shall also cooperate with a view to:
(a) identifying, reducing and eliminating, as appropriate, measures that may distort bilateral trade, including measures of a technical, regulatory and economic nature;
(b) fostering initiatives that facilitate bilateral trade to promote the production of renewable hydrogen; and
(c) promoting the use of renewable fuels considering their contribution to the reduction of greenhouse gas emissions.
4. The Parties shall, as appropriate, encourage the development and implementation of international standards and regulatory cooperation with respect to renewable fuels, and cooperate in relevant international fora with a view to developing relevant certification schemes that avoid the emergence of unjustified barriers to trade.
Article 8.16. Exception for Small and Isolated Electricity Systems
1. For the purpose of implementing this Chapter, the Parties recognise that their laws and regulations may provide for special regimes for small and isolated electricity systems.
2. Pursuant to paragraph 1, a Party may maintain, adopt or enforce measures with regard to small and isolated electricity systems that derogate from Articles 8.6, 8.7, 8.9, 8.10 and 8.11, provided that such measures do not constitute disguised restrictions to trade or investment between the Parties.
Article 8.17. Sub-Committee on Trade In Goods
1. The Sub-Committee on Trade in Goods ("Sub-Committee"), established pursuant to Article 33.4(1), shall be responsible for the implementation of this Chapter and Annexes 8-A and 8-B. The functions set out in subparagraphs (a), (c), (d) and (e) of Article 2.18 apply to this Chapter, mutatis mutandis.
2. Consistent with Articles 8.12, 8.13, 8.14 and 8.15, the Sub-Committee may recommend that the Parties establish or facilitate other means of cooperation between them in the areas of energy and raw materials.
3. If mutually agreed by the Parties, the Sub-Committee shall meet in sessions dedicated to the implementation of this Chapter. When preparing such sessions, each Party may consider, as appropriate, inputs from relevant stakeholders or experts.
4. Each Party shall designate a contact point to facilitate the implementation of this Chapter, including by ensuring the appropriate involvement of representatives of a Party, notify the other Party of its contact details and promptly notify the other Party of any changes to those contact details. For Chile, the contact point shall be a representative of the Under-Secretariat of International Economic Relations of the Ministry of Foreign Affairs or its successor.
Chapter 9. TECHNICAL BARRIERS TO TRADE
Article 9.1. Objective
The objective of this Chapter is to enhance and facilitate trade in goods between the Parties by preventing, identifying and eliminating unnecessary technical barriers to trade and by promoting greater regulatory cooperation.
Article 9.2. Scope
1. This Chapter applies to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures as defined in Annex 1 of the TBT Agreement which may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter does not apply to:
(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies which are covered by Chapter 21; or
(b) sanitary and phytosanitary measures which are covered by Chapter 6.
Article 9.3. Incorporation of Certain Provisions of the TBT Agreement
Articles 2 to 9 and Annexes 1 and 3 of the TBT Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
Article 9.4. International Standards
1. International standards developed by the organisations listed in Annex 9-A shall be considered to be the relevant international standards within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, provided that in their development those organisations have complied with the principles and procedures set out in the Decision of the WTO Committee on Technical Barriers to Trade on Principles for the Development of International Standards, Guides and Recommendations with Relation to Articles 2, 5 and Annex 3 of the TBT Agreement (1).
2. On request of a Party, the Trade Council may adopt a decision to amend Annex 9-A, pursuant to subparagraph (a) of Article 33.1(6).
Article 9.5. Technical Regulations
1. The Parties recognise the importance of carrying out, in accordance with each Party's respective rules and procedures, a regulatory impact assessment of planned technical regulations.
2. Each Party shall assess the available regulatory and non-regulatory alternatives to the proposed technical regulation that may fulfil the Party's legitimate objectives, in accordance with Article 2.2 of the TBT Agreement.
3. Each Party shall use relevant international standards as a basis for its technical regulations except when the Party developing the technical regulation can demonstrate that such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued.
4. If a Party does not use international standards as a basis for a technical regulation, it shall, on request of the other Party, identify any substantial deviation from the relevant international standard and explain the reasons why such standards have been judged an ineffective or inappropriate means for the fulfilment of the objective pursued, and provide the scientific or technical evidence on which that assessment is based.
5. Further to the obligation of each Party pursuant to Article 2.3 of the TBT Agreement, each Party shall review, in accordance with its respective rules and procedures, its technical regulations with a view to increasing the convergence of those technical regulations with relevant international standards. A Party shall, inter alia, take into account any new development in the relevant international standards and whether the circumstances that have given rise to divergences from any relevant international standard continue to exist.
Article 9.6. Regulatory Cooperation
1. The Parties recognise that a broad range of regulatory cooperation mechanisms exist that can help to eliminate or avoid the creation of technical barriers to trade.
2. A Party may propose to the other Party sector-specific regulatory cooperation activities in areas covered by this Chapter. Those proposals shall be transmitted to the contact point referred to in Article 9.13, and shall consist of:
(a) information exchanges on regulatory approaches and practices; or
(b) initiatives to further align technical regulations and conformity assessment procedures with relevant international standards.
The other Party shall reply to the proposal in a reasonable time.
3. The contact points referred to in Article 9.13 shall inform the Trade Committee about the cooperation activities carried out pursuant to this Article.
4. The Parties shall endeavour to exchange and collaborate on mechanisms to facilitate the acceptance of conformity assessment results in order to eliminate unnecessary technical barriers to trade.
5. The Parties shall encourage cooperation between their respective organisations responsible for technical regulation, standardisation, conformity assessment, accreditation and metrology, whether governmental or non-governmental, with a view to addressing issues covered by this Chapter.
6. Nothing in this Article shall be construed as requiring a Party to:
(a) deviate from its 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 a particular regulatory outcome.
7. For the purposes of this Article and the provisions on cooperation under Annexes 9-A to 9-E, the European Commission shall act on behalf of the European Union.
Article 9.7. Cooperation on Market Surveillance, Compliance and Safety of Non-food Products
1. The Parties recognise the importance of cooperation on market surveillance, compliance and the safety of non-food products for the facilitation of trade and for the protection of consumers and other users, and the importance of building mutual trust based on shared information.
2. For the purposes of this Article:
(a) "consumer products" means goods intended for or likely to be used by consumers, with the exception of food, medical devices and medicinal products; and
(b) "market surveillance" means activities conducted and measures taken by public authorities, including activities conducted and measures taken in cooperation with economic operators, on the basis of procedures of a Party which enable that Party to monitor or address compliance of products with the requirements set out in its laws and regulations or their safety.
3. To guarantee independent and impartial functioning of market surveillance, each Party shall ensure:
(a) the separation of market surveillance functions from conformity assessment functions; and
(b) the absence of any interest that would affect the impartiality of market surveillance authorities in the performance of control or supervision of economic operators.
4. The Parties may cooperate and exchange information in the area of non-food product safety and compliance, in particular with respect to the following:
(a) market surveillance and enforcement activities and measures;
(b) risk assessment methods and product testing;
(c) coordinated product recalls or other similar actions;
(d) scientific, technical and regulatory matters, aiming to improve non-food product safety and compliance;
(e) emerging issues of significant health and safety relevance;
(f) standardisation-related activities; and
(g) exchange of officials.
5. The European Union may provide Chile with selected information from its Rapid Alert System with respect to consumer products as referred to in Directive 2001/95/EC of the European Parliament and of the Council (1) or its successor, and Chile may provide the European Union with selected information on the safety of consumer products and on preventive, restrictive and corrective measures taken with respect to consumer products. The information exchange may take the form of:
(a) non-systematic exchange, in duly justified specific cases, excluding personal data; and
(b) systematic exchange based on an arrangement established by decision of the Trade Council to be set out in Annex 9-D.
6. The Trade Council may adopt a decision to establish an arrangement on the regular exchange of information, including by electronic means, on measures taken with respect to non-compliant non-food products, other than those covered by paragraph 5 of this Article, to be set out in Annex 9-E.
7. Each Party shall use the information obtained pursuant to paragraphs 4, 5 and 6 for the sole purpose of the protection of consumers, health, safety or the environment.
8. Each Party shall treat the information obtained pursuant to paragraphs 4, 5 and 6 as confidential.
9. The arrangements referred to in subparagraph (b) of paragraph 5 and in paragraph 6 shall specify the product scope, the type of information to be exchanged, the modalities for the exchange and the application of confidentiality and personal data protection rules.
10. Pursuant to subparagraph (a) of Article 33.1(6), the Trade Council shall have the power to adopt decisions in order to determine or amend the arrangements set out in Annexes 9-D and 9-E.
Article 9.8. Standards
1. With a view to harmonising standards on as wide a basis as possible, each Party shall encourage the standardising bodies established within its territory, as well as the regional standardising bodies of which a Party or the standardising bodies established within its territory are members, to:
(a) participate, within the limits of their resources, in the preparation of international standards by relevant international standardising bodies;
(b) use relevant international standards as a basis for the standards they develop, except if such international standards would be ineffective or inappropriate, for example because of an insufficient level of protection, fundamental climatic or geographical factors, or fundamental technological problems;
(c) avoid duplication of, or overlap with, the work of international standardising bodies;
(d) review, at regular intervals, national and regional standards which are not based on relevant international standards, with a view to increasing their convergence with relevant international standards;
(e) cooperate with the relevant standardising bodies of the other Party in international standardisation activities, including in the international standardising bodies or at regional level; and
(f) foster bilateral cooperation between themselves and with the standardising bodies of the other Party.
2. The Parties should exchange information on:
(a) their use of standards in support of technical regulations; and
(b) their standardisation processes and the extent of the use of international, regional or subregional standards as a basis for their national standards.
3. If standards are made mandatory through incorporation or referencing in a draft technical regulation or conformity assessment procedure, the transparency obligations set out in Article 9.10 of this Agreement and in Articles 2 or 5 of the TBT Agreement shall apply.
Article 9.9. Conformity Assessment
1. The provisions of Article 9.5 with respect to the preparation, adoption and application of technical regulations shall also apply, mutatis mutandis, to conformity assessment procedures.
2. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation, it shall:
(a) select conformity assessment procedures that are proportionate to the risks involved;
(b) consider, subject to its laws and regulations, the use of a supplier's declaration of conformity as being one of the possible ways of showing compliance with a technical regulation; and
(c) if requested by the other Party, provide information on the criteria used to select the conformity assessment procedures for specific products.
3. If a Party requires third party conformity assessment as a positive assurance that a product conforms with a technical regulation, and has not reserved that task to a governmental authority as specified in paragraph 4, it shall:
(a) preferentially use accreditation to qualify conformity assessment bodies;
(b) preferentially use international standards for accreditation and conformity assessment, as well as international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Cooperation (hereinafter referred to as "ILAC") and the International Accreditation Forum (hereinafter referred to as "IAF");
(c) join or, as applicable, encourage its conformity assessment bodies to join any functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results;
(d) ensure that, if more than one conformity assessment body has been designated for a particular product or set of products, economic operators can choose which conformity assessment body will carry out the conformity assessment procedure;
(e) ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies;
(f) allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of the other Party; nothing in this subparagraph shall be construed as prohibiting a Party from requiring subcontractors to meet the same requirements that the conformity assessment body to which it is contracted would be required to meet in order to perform the contracted tests or inspection itself; and
(g) publish on official websites a list of the bodies that it has designated to perform such conformity assessments and the relevant information on the scope of designation of every such body.
4. Nothing in this Article shall preclude a Party from requesting that conformity assessment in relation to specific products is performed by its designated governmental authorities. In such cases, the Party shall:
(a) limit the conformity assessment fees to the approximate cost of the services rendered and, upon request of an applicant for conformity assessment, explain how any fees it imposes for such conformity assessment are limited in amount to the approximate cost of the services rendered; and
(b) make the conformity assessment fees publicly available or provide them upon request.
5. Notwithstanding paragraphs 2, 3 and 4 of this Article, in the cases in which the
European Union accepts a supplier's declaration of conformity in the fields listed in Annex 9-B, Chile shall provide for, in accordance with its laws and regulations, an efficient and transparent procedure for the acceptance of certificates and test reports issued by conformity assessment bodies that are located in the territory of the European Union and that have been accredited by an accreditation body that is a member of the international arrangements for mutual recognition of the ILAC and the IAF as an assurance that a product conforms with the requirements of Chile's technical regulations.
6. For the purposes of this Article, "supplier's declaration of conformity" means a first-party attestation issued by the manufacturer under the sole responsibility of that manufacturer based on the results of an appropriate type of conformity assessment activity and excluding mandatory third party assessment, as an assurance that a product conforms to a technical regulation that sets out such conformity assessment procedures.
7. On request of either Party, the Sub-Committee referred to in Article 9.14 shall review the list of fields in paragraph 1 of Annex 9-B. The Sub-Committee may recommend that the Trade Council amend Annex 9-B, pursuant to subparagraph (a) of Article 33.1(6).
Article 9.10. Transparency
1. In accordance with its respective rules and procedures and without prejudice to Chapter 29, when developing major technical regulations which may have a significant effect on trade in goods, each Party shall ensure the existence of transparency procedures that allow persons of the Parties to provide input through a public consultation process, except where urgent problems of safety, health, environmental protection or national security or a threat thereof arise.
2. Each Party shall allow persons of the other Party to participate in the consultation process referred to in paragraph 1 on terms no less favourable than those accorded to its own persons, and make the results of that consultation process public.
3. Each Party shall allow a period of at least 60 days following its notification to the WTO Central Registry of Notifications of proposed technical regulations and conformity assessment procedures for the other Party to provide written comments, except where urgent problems of safety, health, environmental protection or national security or a threat thereof arise. A Party shall consider any reasonable request from the other Party to extend that comment period.
4. In the event that the notified text is not in one of the official WTO languages, the notifying Party shall provide a detailed and comprehensive description of the content of the proposed technical regulations and conformity assessment procedures in the WTO notification format.
5. If a Party receives written comments as referred to in paragraph 3, it shall:
(a) if requested by the other Party, discuss the written comments with the participation of its competent regulatory authority at a time when they can be taken into account; and
(b) reply in writing to the comments no later than on the date of publication of the adopted technical regulation or conformity assessment procedure.
6. Each Party shall endeavour to publish on a website its responses to the written comments referred to in paragraph 3 that it receives from the other Party no later than on the date of publication of the adopted technical regulation or conformity assessment procedure.
7. A Party shall, if requested by the other Party, provide information regarding the objectives of, and the legal basis and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
8. Each Party shall ensure that the technical regulations and conformity assessment procedures it has adopted are accessible through official websites or online official journals, free of charge.
9. Each Party shall provide information on the adoption and the entry into force of the technical regulation or conformity assessment procedure and the adopted final text through an addendum to the original notification to the WTO Central Registry of Notifications.
10. Each Party shall allow a reasonable interval between the publication of the technical regulations and their entry into force, subject to the conditions specified in Article 2.12 of the TBT Agreement. For the purposes of this Article, "reasonable interval" means a period of not less than six months, except when such period would be ineffective for the fulfilment of the legitimate objectives pursued.
11. A Party shall consider any reasonable request from the other Party, received prior to the end of the comment period referred to in paragraph 3, to extend the period between the publication of the technical regulation and its entry into force, except when the delay would be ineffective for the fulfilment of the legitimate objectives pursued.
Article 9.11. Marking and Labelling
1. The Parties affirm that their technical regulations that include or address exclusively marking or labelling shall observe the principles of Article 2.2 of the TBT Agreement.
2. Unless it is necessary for the fulfilment of the legitimate objectives referred to in Article 2.2 of the TBT Agreement, a Party that requires mandatory marking or labelling of products shall:
(a) only require information which is relevant for consumers or users of the product or information that indicates the product's conformity with the mandatory technical requirements;
(b) not require any prior approval, registration or certification of the markings or labels of products, or any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements;
(c) if it requires the use of a unique identification number by economic operators, issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, permit the following:
(i) information in other languages in addition to the language required in the importing Party of the goods;
(ii) internationally accepted nomenclatures, pictograms, symbols or graphics; and
(iii) additional information to that required in the importing Party of the goods;
(e) accept that labelling, including supplementary labelling or corrections to labelling, takes place in customs warehouses or other designated areas in the country of import as an alternative to labelling in the country of origin, unless such labelling is required to be carried out by approved persons for reasons of public health or safety; and
(f) endeavour to accept non-permanent or detachable labels, or the inclusion of relevant information in the accompanying documentation, rather than labels physically attached to the product.