Colombia - Ecuador - EU - Peru FTA (2012)
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Title

Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part

Preamble

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBURG,

HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States of the European Union’,

and

THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF COLOMBIA (hereinafter referred to as ‘Colombia’),

THE REPUBLIC OF PERU (hereinafter referred to as ‘Peru’)

and

THE REPUBLIC OF ECUADOR (hereinafter referred to as ‘Ecuador’),

hereinafter also referred to as the ‘signatory Andean Countries’,

of the other part,

CONSIDERING the importance of the historical and cultural links and the special links of friendship and cooperation between the European Union and its Member States and the signatory Andean Countries, and their wish to promote the economic integration between the Parties;

DETERMINED to strengthen those links by building on the existing mechanisms that govern relations between the European Union and its Member States and the signatory Andean Countries;

REAFFIRMING their commitment to the United Nations Charter and the Universal Declaration of Human Rights;

CONTRIBUTING to the harmonious development and expansion of world and regional trade, and offering a catalyst for international cooperation;

DESIRING to promote comprehensive economic development with the objective of reducing poverty and creating new employment opportunities and improved working conditions, as well as raising living standards in their respective territories by liberalising and expanding trade and investment between their territories;

COMMITTED to implementing this Agreement in accordance with the objective of sustainable development, including, the promotion of economic progress, the respect for labour rights and the protection of the environment, in accordance with the international commitments adopted by the Parties;

BUILDING on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’);

DETERMINED to eliminate distortions to their reciprocal trade; and to prevent the creation of unnecessary obstacles to trade;

DETERMINED to establish clear and mutually advantageous rules governing their trade and to foster trade and investment between them, and to promote a regular dialogue among them on these issues;

DESIRING to promote the competitiveness of their companies in international markets by providing them with a predictable legal framework for their trade and investment relations;

CONSIDERING the difference in economic and social development between the signatory Andean Countries and the European Union and its Member States;

AFFIRMING their rights to use, to the greatest extent, the flexibilities provided for in the multilateral framework for the protection of public interest;

RECOGNISING that the signatory Andean Countries are members of the Andean Community, and that the Decision 598 of the Andean Community requires that when its Member Countries negotiate trade agreements with third countries, the Andean legal system is preserved in the reciprocal relations between the Andean Community Member Countries;

RECOGNISING the importance of the respective regional integration processes of the European Union, and of the signatory Andean Countries within the framework of the Andean Community,

HAVE AGREED AS FOLLOWS:

Body

Title I. Initial Provisions

Chapter 1. Essential Elements

Article 1. General Principles

Respect for democratic principles and fundamental human rights, as laid down in the Universal Declaration of Human Rights, and for the principle of the rule of law, underpins the internal and international policies of the Parties. Respect for these principles constitutes an essential element of this Agreement.

Article 2. Disarmament and Non-proliferation of Weapons of Mass Destruction

1. The Parties consider that the proliferation of weapons of mass destruction and their means of delivery, both to States and non-state actors, represents one of the most serious threats to international stability and security.

2. Consequently, the Parties agree to cooperate and contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under agreements, treaties and other relevant international obligations on matters of disarmament and non-proliferation.

3. In cooperating to contribute to the objective of disarmament and non-proliferation of weapons of mass destruction, the Parties agree to work together to achieve the universalisation and implementation of the treaties on these matters.

4. The Parties agree that paragraphs 1 and 2 of this Article constitute an essential element of this Agreement.

Chapter 2. General Provisions

Article 3. Establishment of a Free Trade Area

The Parties hereby establish a free trade area, in conformity with Article XXIV of the General Agreement on Tariffs and Trade of 1994 (hereinafter referred to as "GATT 1994") and Article V of the General Agreement on Trade in Services (hereinafter referred to as "GATS").

Article 4. Objectives

The objectives of this Agreement are:

(a) progressive and gradual liberalisation of trade in goods, in conformity with Article XXIV of the GATT 1994;

(b) facilitation of trade in goods through, in particular, the application of the agreed provisions regarding customs and trade facilitation, standards, technical regulations and conformity assessment procedures and sanitary and phytosanitary measures;

(c) progressive liberalisation of trade in services, in conformity with Article V of the GATS;

(d) development of an environment conducive to an increase in investment flows and, in particular, to the improvement of the conditions of establishment between the Parties, on the basis of the principle of non-discrimination;

(e) facilitate trade and investment among the Parties through the liberalisation of current payments and capital movements related to direct investment;

(f) effective and reciprocal opening of government procurement markets of the Parties;

(g) adequate and effective protection of intellectual property rights, in accordance with international rules in force between the Parties, while ensuring a balance between the rights of intellectual property right holders and the public interest;

(h) conduct of economic activities, in particular those regarding the relations between the Parties, in conformity with the principle of free competition;

(i) establishment of an expeditious, effective and predictable dispute settlement mechanism;

(j) to promote international trade in a way that contributes to the objective of sustainable development, and to work in order to integrate and reflect this objective in the Parties' trade relations; and

(k) to ensure that the cooperation for technical assistance and the strengthening of the trade capacities of the Parties contribute to the implementation of this Agreement and to the optimal utilization of the opportunities offered by it according to the existing legal and institutional framework.

Article 5. Relation to the WTO Agreement

The Parties reaffirm the existing rights and obligations between them under the WTO Agreement.

Article 6. Definition of the Parties

1. For the purposes of this Agreement:

- "Party" means the European Union or its Member States or the European Union and its Member States within their respective areas of competence as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the "EU Party"), or each of the signatory Andean Countries;

- "Parties" means, on the one hand, the EU Party and, on the other hand, each signatory Andean Country.

2. When this Agreement provides for specific and individual commitments with respect to a Member State of the European Union or for a signatory Andean Country, this Agreement will refer to that specific country or countries as appropriate.

3. In accordance with Article 7, for the signatory Andean Countries the terms "another party" or "the other Parties" shall mean the EU Party, when such terms are used in this Agreement.

Article 7. Trade and Economic Relations Covered by this Agreement

1. The provisions of this Agreement apply to the bilateral trade and economic relations between, on the one part, each individual signatory Andean Country and on the other part, the EU Party; but not to the trade and economic relations between individual signatory Andean Countries (1).

2. The rights and obligations established by the Parties in this Agreement shall not affect to the rights and obligations between signatory Andean Countries as Member Countries of the Andean Community.

(1) This provision shall not be interpreted to the detriment of the obligations established between the signatory Andean Countries and the EU Party in Articles 10 and 105.

Article 8. Fulfilment of Obligations

1. Each Party is responsible for the observance of all provisions of this Agreement and shall take any necessary measure to implement the obligations under it, including its observance by central, regional or local governments and authorities, as well as non-governmental bodies in the exercise of governmental powers delegated to them by such governments and authorities (2).

2. If a Party considers that another Party has failed to fulfil its obligations under this Agreement, such Party shall exclusively have recourse to, and abide by, the dispute settlement mechanism established under Title XII (Dispute Settlement).

3. Without prejudice to the existing mechanisms for political dialogue between the Parties, any Party may immediately adopt appropriate measures in accordance with international law in case of violation by another Party of the essential elements referred to in Articles 1 and 2 of this Agreement. The latter Party may ask for an urgent meeting to be called to bring the Parties concerned together within 15 days for a thorough examination of the situation with a view to seeking an acceptable solution. The measures will be proportional to the violation. Priority will be given to those which least disturb the functioning of this Agreement. These measures shall be revoked as soon as the reasons for their adoption have ceased to exist.

(2) The Parties understand that ‘central, regional or local governments and authorities’ includes all authorities and governmental levels of the Parties.

Article 9. Geographical Scope of Application

1. This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied under the conditions established in those Treaties, and on the other hand, to the territories of Colombia, Peru and Ecuador, respectively (3).

2. Notwithstanding paragraph 1, to the extent that the customs territory of the European Union (hereinafter referred to as the "EU customs territory") includes areas not covered by the preceding territorial definition, this Agreement shall also apply to the EU customs territory.

(3) For greater certainty the Parties hereby declare that the references to territory contained in this Agreement shall be understood exclusively for purposes of referring to its geographical scope of application.

Article 10. Regional Integration

1. The Parties recognise the importance of regional integration in furthering the economic and social development of the signatory Andean Countries and of the European Union, enabling to strengthen the relations between the Parties and to contribute to the objectives of this Agreement.

2. The Parties recognise and reaffirm the importance of the respective regional integration processes between the Member States of the European Union and between the Andean Community Member Countries as a mechanism to achieve greater trade opportunities and foster their effective integration into the global economy.

3. The Parties recognise that progress in Andean regional integration will be determined by the Andean Community Member Countries.

4. The Parties recognise that the signatory Andean Countries must preserve the Andean Legal System in the relations between them, in accordance with Decision 598 of the Andean Community.

5. Having regard to the aspiration of the Parties of achieving an association between the two regions, when all the Andean Community Member Countries become Parties to this Agreement, the Trade Committee will re-examine the relevant provisions, particularly this Article and Article 105, with a view to adapting them to the new situation and supporting regional integration processes.

Chapter 3. Definitions of General Application

Article 11. Definitions

For the purposes of this Agreement, unless otherwise specified:

- "days" means calendar days, including weekends and holidays;

- "good of a Party" or "product of a Party" means domestic products as these are understood in the GATT 1994 or such goods or products as the Parties may agree, and includes products or goods originating in that Party as defined in Article 19;

- "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association;

- "measure" means any act or omission of a Party, including laws, regulations, procedures, decisions, administrative acts or practices, or any other form;

- "person" means a natural (4) or juridical person.

(4) In Ecuadorian law, a ‘physical person’ (‘persona física’) is referred to as a ‘natural person’ (‘persona natural’).

Title II. Institutional Provisions

Article 12. Trade Committee

1. The Parties hereby establish a Trade Committee. This Committee shall comprise representatives of the EU Party and representatives of each signatory Andean Country.

2. The Trade Committee shall meet at least once a year at the level of Ministers or the representatives that such level may designate. In addition, upon written request of a Party, the Trade Committee may meet at any time at the level of senior officials designated to take the necessary decisions.

3. The Trade Committee shall meet on a rotational basis, in Bogota, Brussels, Lima and Quito, unless the Parties agree otherwise. The Trade Committee shall be chaired by each Party for a period of one year, on a rotational basis.

4. Without prejudice to paragraph 1, the Trade Committee may meet in sessions where the EU Party and one signatory Andean Country participate, regarding matters which:

(a) relate exclusively to the bilateral relationship between the EU Party and such signatory Andean Country; or

(b) have been discussed in a session within a "specialised body" in which only the EU Party and one signatory Andean Country have participated, and that matter has been referred to the Trade Committee.

If another signatory Andean Country expresses interest in the matter to be discussed in such session, it may participate in the session subject to prior agreement of the EU Party and the signatory Andean Country concerned.

Article 13. Functions of the Trade Committee

1.  The Trade Committee shall:

(a) supervise and facilitate the operation of this Agreement and the correct application of its provisions, and consider other ways to attain its general objectives;

(b) evaluate the results obtained from the application of this Agreement, in particular the evolution of the trade and economic relations between the Parties;

(c) supervise the work of all specialised bodies established under this Agreement and recommend any necessary action;

(d) evaluate and adopt decisions as envisaged in this Agreement regarding any subject matter which is referred to it by the specialised bodies established according to this Agreement;

(e) oversee the application of Article 105;

(f) supervise the further development of this Agreement;

(g) without prejudice to the rights conferred in Title XII (Dispute Settlement) and other provisions of this Agreement, explore the most appropriate way to prevent or solve any difficulty that may arise in relation to issues covered by this Agreement;

(h) adopt, at its first meeting, the Rules of Procedure and the Code of Conduct for arbitrators referred to in Article 315;

(i) establish the remuneration and expenses to be paid to arbitrators;

(j) adopt its own rules of procedure, as well as its meeting schedule and the agenda for its meetings;

(k) consider any other matter of interest relating to an area covered by this Agreement.

2.  The Trade Committee may:

(a) establish and delegate responsibilities to specialised bodies;

(b) receive or seek information from any interested person;

(c) agree to the initiation of negotiations, with the aim of deepening the liberalisation already achieved in sectors covered by this Agreement;

(d) consider any amendment or modification to the provisions of this Agreement, which shall be subject to the completion of the internal legal procedures of each Party;

(e) adopt interpretations of the provisions of this Agreement (5). Such interpretations shall be taken into consideration by arbitration panels established under Title XII (Dispute Settlement);

(f) take such other action in the exercise of its functions as the Parties may agree;

(g) advance in the achievement of the objectives of this Agreement by means of modifications provided for therein, of:

(i) Annex I (Tariff Elimination Schedules), with the aim of adding one or more goods excluded from the tariff elimination schedule of a Party;

(ii) the time schedules established in Annex I (Tariff Elimination Schedules), with the aim of accelerating tariff reduction;

(iii) the specific rules of origin established in Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation);

Page 1 Next page
  • Title   I Initial Provisions 1
  • Chapter   1 Essential Elements 1
  • Article   1 General Principles 1
  • Article   2 Disarmament and Non-proliferation of Weapons of Mass Destruction 1
  • Chapter   2 General Provisions 1
  • Article   3 Establishment of a Free Trade Area 1
  • Article   4 Objectives 1
  • Article   5 Relation to the WTO Agreement 1
  • Article   6 Definition of the Parties 1
  • Article   7 Trade and Economic Relations Covered by this Agreement 1
  • Article   8 Fulfilment of Obligations 1
  • Article   9 Geographical Scope of Application 1
  • Article   10 Regional Integration 1
  • Chapter   3 Definitions of General Application 1
  • Article   11 Definitions 1
  • Title   II Institutional Provisions 1
  • Article   12 Trade Committee 1
  • Article   13 Functions of the Trade Committee 1
  • Article   14 Decision-making 2
  • Article   15 Specialised Bodies 2
  • Article   16 Coordinators of the Agreement 2
  • Title   III Trade In Goods 2
  • Chapter   1 Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   17 Objective 2
  • Article   18 Scope of Application 2
  • Article   19 Definitions 2
  • Article   20 Classification of Goods 2
  • Article   21 National Treatment 2
  • Section   2 Elimination of Custom Duties 2
  • Article   22 Elimination of Customs Duties 2
  • Section   3 Non Tariff Measures 2
  • Article   23 Import and Export Restrictions 2
  • Article   24 Fees and Charges 2
  • Article   25 Duties and Taxes on Exports 2
  • Article   26 Import and Export Licensing Procedures 2
  • Article   27 State Trading Enterprises 2
  • Section   4 Agricultural Goods 2
  • Article   28 Scope of Application 2
  • Article   29 Agricultural Safeguard 2
  • Article   30 Price Band System 2
  • Article   31 System of Entry Prices 2
  • Article   32 Export Subsidies and other Equivalent Effect Measures 2
  • Article   33 Administration and Implementation of Tariff Rate Quotas 2
  • Section   5 Management of Administrative Errors 2
  • Article   34 Management of Administrative Errors 2
  • Section   6 Sub-committees 2
  • Article   35 Sub-committee on Market Access 2
  • Article   36 Sub-committee on Agriculture 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Anti-dumping and Countervailing Measures 3
  • Article   37 General Provisions 3
  • Article   38 Transparency 3
  • Article   39 Consideration of Public Interest 3
  • Article   40 Lesser Duty Rule 3
  • Article   41 Investigating Authorities 3
  • Article   42 Exclusion from the Dispute Settlement Mechanism 3
  • Section   2 Multilateral Safeguard Measures 3
  • Article   43 General Provisions 3
  • Article   44 Transparency 3
  • Article   45 Non-simultaneous Application of Safeguard Measures 3
  • Article   46 Investigating Authority 3
  • Article   47 Exclusion from Dispute Settlement Mechanism 3
  • Section   3 Bilateral Safeguard Clause 3
  • Article   48 Application of a Bilateral Safeguard Measure 3
  • Article   49 Notification and Consultations 3
  • Article   50 Type of Measures 3
  • Article   51 Investigation Procedure 3
  • Article   52 Conditions and Duration of a Measure 3
  • Article   53 Provisional Measures 3
  • Article   54 Compensation 3
  • Article   55 Re-application of a Measure 3
  • Article   56 Outermost Regions of the European Union  (15) 3
  • Article   57 Competent Authority 3
  • Chapter   3 Customs and Trade Facilitation 3
  • Article   58 Objectives 3
  • Article   59 Customs and Trade-related Procedures 3
  • Article   60 Advance Rulings 3
  • Article   61 Risk Management 3
  • Article   62 Authorised Economic Operator 3
  • Article   63 Transit 3
  • Article   64 Relations with the Business Community 3
  • Article   65 Customs Valuation 3
  • Article   66 Customs Cooperation 3
  • Article   67 Mutual Assistance 3
  • Article   68 Sub-committee on Customs, Trade Facilitation and Rules of Origin 3
  • Article   69 Technical Assistance on Customs and Trade Facilitation 4
  • Article   70 Implementation 4
  • Chapter   4 Technical Barriers to Trade 4
  • Article   71 Objectives 4
  • Article   72 Definitions 4
  • Article   73 Relationship with the Tbt Agreement 4
  • Article   74 Scope of Application 4
  • Article   75 Cooperation and Trade Facilitation 4
  • Article   76 Technical Regulations 4
  • Article   77 Standards 4
  • Article   78 Conformity Assessment and Accreditation 4
  • Article   79 Transparency and Notification Procedures 4
  • Article   80 Border Control and Market Surveillance 4
  • Article   81 Marking and Labelling 4
  • Article   82 Trade Related Technical Assistance and Capacity Building 4
  • Article   83 Sub-committee on Technical Barriers to Trade 4
  • Article   84 Exchange of Information 4
  • Chapter   5 Sanitary and Phytosanitary Measures 4
  • Article   85 Objectives 4
  • Article   86 Rights and Obligations 4
  • Article   87 Scope of Application 4
  • Article   88 Definitions 5
  • Article   89 Competent Authorities 5
  • Article   90 General Principles 5
  • Article   91 Import Requirements 5
  • Article   92 Import Procedures 5
  • Article   93 Verifications 5
  • Article   94 Measures Linked to Animal and Plant Health 5
  • Article   95 Equivalence 5
  • Article   96 Transparency and Exchange of Information 5
  • Article   97 Notification and Consultation 5
  • Article   98 Emergency Measures 5
  • Article   99 Alternative Measures 5
  • Article   100 Special and Differential Treatment 5
  • Article   101 Technical Assistance and Strengthening of the Trade Capacities 5
  • Article   102 Collaboration on Animal Welfare 5
  • Article   103 Sub-committee on Sanitary and Phytosanitary Measures 5
  • Article   104 Dispute Settlement 5
  • Chapter   6 5
  • Article   105 Movement of Goods 5
  • Chapter   7 Exceptions 5
  • Article   106 Exceptions to the Title on Trade In Goods 5
  • Title   IV Trade In Services, Establishment and Electronic Commerce 5
  • Chapter   1 General Provisions 5
  • Article   107 Objective and Scope of Application 5
  • Article   108 Definitions 5
  • Article   109 Working Groups 6
  • Chapter   2 Establishment 6
  • Article   110 Definitions 6
  • Article   111 Scope of Application 6
  • Article   112 Market Access 6
  • Article   113 National Treatment 6
  • Article   114 List of Commitments 6
  • Article   115 Other Agreements 6
  • Article   116 Investment Promotion and Review 6
  • Chapter   3 Cross-border Supply of Services 6
  • Article   117 Definitions 6
  • Article   118 Scope of Application 6
  • Article   119 Market Access 6
  • Article   120 National Treatment 6
  • Article   121 List of Commitments 6
  • Chapter   4 Temporary Presence of Natural Persons for Business Purposes 6
  • Article   122 Scope of Application 6
  • Article   123 Definitions 6
  • Article   124 Key Personnel and Graduate Trainees 6
  • Article   125 Business Services Sellers 6
  • Article   126 Contractual Services Suppliers 6
  • Article   127 Independent Professionals 7
  • Article   128 Short Term Visitors for Business Purposes 7
  • Chapter   5 Regulatory Framework 7
  • Section   1 Provisions of General Application 7
  • Article   129 Mutual Recognition 7
  • Article   130 Transparency and Disclosure of Confidential Information 7
  • Article   131 Domestic Regulation 7
  • Section   2 Computer Services 7
  • Article   132 Understanding on Computer Services 7
  • Section   3 Postal and Courier Services 7
  • Article   133 Scope of Application 7
  • Article   134 Definitions 7
  • Article   135 Prevention of Anti-competitive Practices In the Postal and Courier Services Sector 7
  • Article   136 Universal Service 7
  • Article   137 Individual Licences 7
  • Article   138 Independence of Regulatory Bodies 8
  • Section   4 Telecommunications Services 8
  • Article   139 Scope of Application 8
  • Article   140 Definitions 8
  • Article   141 Competitive Safeguards on Major Suppliers 8
  • Article   142 Additional Obligations of Major Suppliers  (56) 8
  • Article   143 Regulatory Authorities 8
  • Article   144 Authorisation to Provide Telecommunications Services 8
  • Article   145 Interconnection 8
  • Article   146 Scarce Resources 8
  • Article   147 Universal Service 8
  • Article   148 Telephone Directories 8
  • Article   149 Confidentiality of Information 8
  • Article   150 Disputes between Suppliers 8
  • Section   5 Financial Services 8
  • Article   151 Scope of Application 8
  • Article   152 Definitions 8
  • Article   153 Clearing and Payment Systems 8
  • Article   154 Prudential Carve-out 8
  • Article   155 Effective and Transparent Regulation 8
  • Article   156 New Financial Services 9
  • Article   157 Data Processing 9
  • Article   158 Recognition of Prudential Measures 9
  • Article   159 Specific Exceptions 9
  • Section   6 International Maritime Transport Services 9
  • Article   160 Scope of Application and Principles 9
  • Article   161 Definitions 9
  • Chapter   6 Electronic Commerce 9
  • Article   162 Objective and Principles 9
  • Article   163 Regulatory Aspects of Electronic Commerce 9
  • Article   164 Protection of Personal Data 9
  • Article   165 Management of Paperless Trading 9
  • Article   166 Consumer Protection 9
  • Chapter   7 Exceptions 9
  • Article   167 General Exceptions 9
  • Title   V Current Payments and Capital Movements 9
  • Article   168 Current Account 9
  • Article   169 Capital Account 9
  • Article   170 Safeguard Measures 9
  • Article   171 Final Provisions 9
  • Title   VI Government Procurement 9
  • Article   172 Definitions 9
  • Article   173 Scope of Application 9
  • Article   174 Exceptions 10
  • Article   175 General Principles 10
  • Article   176 Publication of Procurement Information 10
  • Article   177 Publication of Notices 10
  • Article   178 Conditions for Participation 10
  • Article   179 Selective Tendering 10
  • Article   180 Multi-use List  (68) 10
  • Article   181 Technical Specifications 10
  • Article   182 Tender Documentation 10
  • Article   183 Time Periods 10
  • Article   184 Negotiations 10
  • Article   185 Limited Tendering 10
  • Article   186 Electronic Auctions 10
  • Article   187 Treatment of Tenders and Award of Contracts 10
  • Article   188 Transparency of Procurement Information 10
  • Article   189 Disclosure of Information 10
  • Article   190 Domestic Review Procedures 10
  • Article   191 Modifications and Rectifications of Coverage 10
  • Article   192 Micro, Small and Medium Enterprises Participation 11
  • Article   193 Cooperation 11
  • Article   194 Sub-committee on Government Procurement 11
  • Title   VII Intellectual Property 11
  • Chapter   1 General Provisions 11
  • Article   195 Objectives 11
  • Article   196 Nature and Scope of the Obligations 11
  • Article   197 General Principles 11
  • Article   198 National Treatment 11
  • Article   199 Most Favoured Nation Treatment 11
  • Article   200 Exhaustion 11
  • Chapter   2 Protection of Biodiversity and Traditional Knowledge 11
  • Article   201 11
  • Chapter   3 Provisions Concerning Intellectual Property Rights 11
  • Section   1 Trademarks 11
  • Article   202 International Agreements 11
  • Article   203 Registration Requirements 11
  • Article   204 Registration Procedure 11
  • Article   205 Well-known Trademarks 11
  • Article   206 Exceptions to the Rights Conferred by a Trademark 11
  • Section   2 Geographical Indications 11
  • Article   207 Scope of Application of this Section 11
  • Article   208 Established Geographical Indications 11
  • Article   209 Addition of New Geographical Indications 11
  • Article   210 Scope of Protection of Geographical Indications 11
  • Article   211 Relationship with Trademarks 11
  • Article   212 General Rules 11
  • Article   213 Cooperation and Transparency 11
  • Article   214 11
  • Section   3 Copyright and Related Rights 11
  • Article   215 Protection Granted 11
  • Article   216 Moral Rights 11
  • Article   217 Collective Management Societies 12
  • Article   218 Duration of Rights of Authors 12
  • Article   219 Duration of Related Rights 12
  • Article   220 Broadcasting and Communication to the Public 12
  • Article   221 Protection of Technological Measures 12
  • Article   222 Protection of Rights Management Information 12
  • Article   223 Resale Right of Artists In Works of Arts 12
  • Section   4 Designs 12
  • Article   224 International Agreements 12
  • Article   225 Requirements for Protection of Designs  (76) 12
  • Article   226 Rights Conferred by Registration 12
  • Article   227 Term of Protection 12
  • Article   228 Exceptions 12
  • Article   229 Relationship to Copyright 12
  • Section   5 Patents 12
  • Article   230 12
  • Section   6 Protection of Data of Certain Regulated Products 12
  • Article   231 12
  • Section   7 Plant Varieties 12
  • Article   232 12
  • Section   8 Unfair Competition 12
  • Article   233 12
  • Chapter   4 Enforcement of Intellectual Property Rights 12
  • Section   1 General Provisions 12
  • Article   234 12
  • Section   2 Civil and Administrative Remedies and Procedures 12
  • Article   235 12
  • Article   236 Entitled Applicants 12
  • Article   237 Evidence 12
  • Article   238 Measures for Preserving Evidence 12
  • Article   239 Right of Information 12
  • Article   240 Provisional and Precautionary Measures 12
  • Article   241 Corrective Measures 12
  • Article   242 Injunctions 12
  • Article   243 Alternative Measures 12
  • Article   244 Damages 12
  • Article   245 Legal Costs 12
  • Article   246 Publication of Judicial Decisions 12
  • Article   247 Presumption of Authorship or Ownership 12
  • Article   248 Administrative Procedures 12
  • Article   249 Border Measures 12
  • Section   3 Liability of Intermediary Service Providers 12
  • Article   250 Use of Services of Intermediaries 13
  • Article   251 Liability of Intermediary Service Providers: "mere Conduit" 13
  • Article   252 Liability of Intermediary Service Providers: "caching" 13
  • Article   253 Liability of Intermediary Service Providers: "hosting" 13
  • Article   254 No General Obligation to Monitor 13
  • Chapter   5 Transfer of Technology 13
  • Article   255 13
  • Chapter   6 Cooperation 13
  • Article   256 13
  • Article   257 Sub-committee on Intellectual Property 13
  • Title   VIII Competition 13
  • Article   258 Definitions 13
  • Article   259 Objectives and Principles 13
  • Article   260 Competition Laws, Authorities and Policies 13
  • Article   261 Cooperation and Exchange of Information 13
  • Article   262 Notification 13
  • Article   263 Designated Monopolies and State Enterprises 13
  • Article   264 Technical Assistance 13
  • Article   265 Consultations 13
  • Article   266 Dispute Settlement 13
  • Title   IX Trade and Sustainable Development 13
  • Article   267 Context and Objectives 13
  • Article   268 Right to Regulate and Levels of Protection 13
  • Article   269 Multilateral Labour Standards and Agreements 13
  • Article   270 Multilateral Environmental Standards and Agreements 13
  • Article   271 Trade Favouring Sustainable Development 13
  • Article   272 Biological Diversity 13
  • Article   273 Trade In Forest Products 13
  • Article   274 Trade In Fish Products 14
  • Article   275 Climate Change 14
  • Article   276 Migrant Workers 14
  • Article   277 Upholding Levels of Protection 14
  • Article   278 Scientific Information 14
  • Article   279 Review of Sustainability Impacts 14
  • Article   280 Institutional and Monitoring Mechanism 14
  • Article   281 Domestic Mechanisms 14
  • Article   282 Dialogue with Civil Society 14
  • Article   283 Governmental Consultations  (93) 14
  • Article   284 Group of Experts 14
  • Article   285 Report of the Group of Experts  (95) 14
  • Article   286 Cooperation on Trade and Sustainable Development 14
  • Title   X Transparency and Administrative Proceedings 14
  • Article   287 Cooperation to Promote Transparency 14
  • Article   288 Publication 14
  • Article   289 Confidential Information 14
  • Article   290 Exchange of Information 14
  • Article   291 Administrative Proceedings 14
  • Article   292 Review and Appeal 14
  • Article   293 Transparency on Subsidies 14
  • Article   294 Specific Rules 14
  • Title   XI General Exceptions 14
  • Article   295 Security Exception 14
  • Article   296 Taxation 14
  • Article   297 Balance of Payments 14
  • Title   XII Dispute Settlement 14
  • Chapter   1 Objectives, Scope of Application and Definitions 14
  • Article   298 Objective 14
  • Article   299 Scope of Application 14
  • Article   300 Definitions 15
  • Chapter   2 Consultations 15
  • Article   301 Consultations 15
  • Chapter   3 Dispute Settlement Procedures 15
  • Article   302 Initiation of Arbitration Proceedings 15
  • Article   303 Establishment of the Arbitration Panel 15
  • Article   304 List of Arbitrators 15
  • Article   305 Objection, Removal and Substitution 15
  • Article   306 Consolidation of Arbitration Proceedings 15
  • Article   307 Arbitration Panel Ruling 15
  • Article   308 Implementation of the Arbitration Ruling 15
  • Article   309 Review of Any Measure Adopted to Comply with the Arbitration Ruling 15
  • Article   310 Temporary Remedies In Case of Non-compliance 15
  • Article   311 Review of Any Measure Adopted after the Suspension of Benefits or Compensation for Non-compliance 15
  • Article   312 Request for Clarification of a Ruling 15
  • Article   313 Suspension and Termination of Arbitration Proceedings 15
  • Chapter   4 General Provisions 15
  • Article   314 Mutually Agreed Solution 15
  • Article   315 Rules of Procedure and Code of Conduct 15
  • Article   316 Information and Technical Advice 15
  • Article   317 Rules of Interpretation 15
  • Article   318 Arbitration Panel Decisions and Rulings 15
  • Article   319 Relation with Wto Rights and Choice of Forum 15
  • Article   320 Time Limits 15
  • Article   321 Modification of the Rules of Procedure and Code of Conduct 15
  • Article   322 Mediation Mechanism 15
  • Article   323 Good Offices, Conciliation and Mediation 15
  • Title   XIII Technical Assistance and Trade-capacity Building 15
  • Article   324 Objectives 15
  • Article   325 Scope and Means 15
  • Article   326 Trade Committee Functions Regarding Cooperation Under this Title 15
  • Title   XIV Final Provisions 15
  • Article   327 Annexes, Appendices, Declarations and Footnotes 15
  • Article   328 Accession of New Member States to the European Union 15
  • Article   329 Accession to this Agreement by other Member Countries of the Andean Community 15
  • Article   330 Entry Into Force 15
  • Article   331 Duration and Withdrawal 16
  • Article   332 Depositary 16
  • Article   333 Modifications to the Wto Agreement 16
  • Article   334 Amendments 16
  • Article   335 Reservations 16
  • Article   336 Rights and Obligations Under this Agreement 16
  • Article   337 Authentic Texts 16