Colombia - Ecuador - EU - Peru FTA (2012)
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Article 88. Definitions

1. For the purposes of this Chapter, the definitions of Annex A to the SPS Agreement shall apply.

2. The Parties may agree on other definitions for the application of this Chapter, taking into consideration the glossaries and definitions of the relevant international organisations.

Article 89. Competent Authorities

For the purposes of this Chapter, the competent authorities of each Party are those listed in Appendix 1 of Annex VI (Sanitary and Phytosanitary Measures). The Parties shall inform each other of any change of these competent authorities.

Article 90. General Principles

1. SPS measures shall not be used as unjustified barriers to trade between the Parties.

2. The procedures established under the scope of this Chapter shall be applied:

(a) in a transparent manner,

(b) without undue delays; and

(c) in conditions and requirements, including costs, which should be no higher than the actual cost of the service and be equitable in relation to any fees charged on like domestic products of the Parties.

3. The Parties shall use neither the procedures mentioned in paragraph 2 nor the requests for additional information in order to delay the access of imported products into their markets without scientific and technical justification.

Article 91. Import Requirements

1. The general import requirements of a Party shall apply to products of another Party.

2. Each Party shall ensure that products exported to another Party meet the sanitary and phytosanitary requirements of the importing Party.

3. The importing Party shall ensure that its import conditions are applied in a proportionate and non-discriminatory manner.

4. Any modification to the import requirements of a Party has to consider the establishment of a transitional period, according to the nature of the modification, in order to avoid the interruption of the trade flow of products and to allow the exporting Party to adjust its procedures to such modification.

5. When a risk assessment is included by an importing Party in its import requirements, that Party will immediately initiate this assessment and inform the exporting Party of the period of time required for such assessment.

6. When the importing Party has concluded that the products of an exporting Party meet its sanitary and phytosanitary import requirements, such Party will authorise the import of such products within 90 working days (17) following the date in which such conclusion was reached.

7. Inspection fees may only cover the costs incurred by the competent authority when performing import checks. Inspection fees shall be equitable in relation to the fees charged for the inspection of like domestic products.

8. The importing Party shall inform an exporting Party as soon as possible of any modification concerning fees, including the reasons for such modification.

(17) For the purposes of this Chapter, ‘working days’ means working days in the Party to which the deadline applies.

Article 92. Import Procedures

1. For the import of animal products, the exporting Party shall inform the importing Party of the list of its establishments meeting the requirements of the importing Party.

2. Upon request of an exporting Party accompanied by the appropriate guarantees, the importing Party shall approve establishments referred to in paragraph 3 of Appendix 2 of Annex VI (Sanitary and Phytosanitary Measures) which are located in the territory of the exporting Party without prior inspection of individual establishments. Such approval shall be consistent with the conditions and provisions set out in Appendix 2 of Annex VI (Sanitary and Phytosanitary Measures) and is limited to those categories of products for which imports are authorised.

3. Except when additional information is required, the importing Party shall, in accordance with its applicable legal procedures, adopt the necessary legislative or administrative measures to allow imports of products from the establishments referred to in paragraph 2, within 40 working days following the date of receipt of the request referred to in paragraph 2.

4. The Sub-committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the "SPS Sub-committee") may modify the requirements and provisions for approval of establishments for products of animal origin of the Parties. The corresponding modification to Appendix 2 of Annex VI (Sanitary and Phytosanitary Measures) shall be adopted by the Trade Committee.

5. The importing Party will regularly submit a record of consignment rejections, including information about the non-conformities upon which the rejections were based.

Article 93. Verifications

1. In order to maintain confidence in the effective implementation of the provisions of this Chapter, each Party, within the scope of this Chapter, shall have the right to:

(a) carry out, in accordance with the Guidelines set out under Appendix 3 of Annex VI (Sanitary and Phytosanitary Measures), verification of all or part of the control system of the authorities of another Party; the expenses of such verification shall be borne by the Party carrying out the verification; and

(b) receive information from the other Parties about their control system and of the results of controls carried out under that system.

2. A Party carrying out a verification under this Article in the territory of another Party shall provide that Party with the results and conclusions of such verification.

3. When the importing Party decides to carry out a verification visit to an exporting Party, such visit shall be notified to the exporting Party at least 60 working days before such verification is to be carried out, except in cases of emergency or where the Parties concerned agree otherwise. Any modification to such visit shall be agreed by the Parties concerned.

Article 94. Measures Linked to Animal and Plant Health

1. The Parties shall recognise the concept of pest- and disease-free areas, and areas of low pest- and low disease-prevalence, in accordance with the SPS Agreement, and the standards, guidelines or recommendations of the World Organization on Animal Health (hereinafter referred to as "OIE") and of the International Plant Protection Convention (hereinafter referred to as "IPPC").

2. Pursuant to paragraph 1, the SPS Sub-committee shall establish an appropriate procedure for the recognition of pest- and disease-free areas, and areas of low pest- and low disease-prevalence, taking into account any relevant international standard, guideline or recommendation. Such procedure will include situations related to outbreaks and reinfestations.

3. When determining the areas referred to in paragraphs 1 and 2, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in that area.

4. The Parties shall establish close cooperation on the determination of pest- and disease-free areas, and areas of low pest- and disease prevalence, with the objective of acquiring confidence in the procedures followed by each Party for the determination of pest- and disease-free areas, and areas of low pest- and low disease prevalence.

5. When determining pest- and disease-free areas, and areas of low pest and disease prevalence, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement and OIE and IPPC standards, and take into consideration the determination made by the exporting Party.

6. In the event that an importing Party does not recognise the areas determined by an exporting Party as a pest- and disease-free areas or areas of low pest- and disease prevalence, the importing Party, upon request of the exporting Party, shall provide the information on the basis on which such decision was made, and/or hold consultations, as soon as possible, in order to assess a possible alternative agreed solution.

7. The exporting Party shall provide sufficient evidence thereof in order to objectively demonstrate to the importing Party that the areas in question are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, as the case may be. For this purpose, upon request, such exporting Party shall grant reasonable access to the importing Party for inspection, testing and other relevant procedures.

8. The Parties recognise the principle of compartmentalisation of the OIE and the principle of pest-free production sites of the IPPC. The SPS Sub-committee will assess any future recommendation of the OIE or the IPPC on the matter and will make recommendations accordingly.

Article 95. Equivalence

The SPS Sub-committee may develop provisions on equivalence and will make recommendations to the Trade Committee accordingly. This Sub-committee shall also establish the procedure for the recognition of equivalence.

Article 96. Transparency and Exchange of Information

1. The Parties shall:

(a) pursue transparency as regards SPS measures applicable to trade and, in particular, to the SPS requirements applied to imports of the other Parties;

(b) enhance mutual understanding of the SPS measures of each Party and their application;

(c) exchange information on matters related to the development and application of SPS measures, including the progress on new available scientific evidence, that affect or may affect trade between the Parties, with a view to minimising negative trade effects;

(d) communicate, upon the request of a Party and within 15 working days following the date of such request, the requirements that apply for the import of specific products, including if a risk assessment is needed;

(e) communicate, upon request of a Party the status of the procedure for the authorisation of the import of specific products.

2. The contact points of the Parties for the exchange of information referred to in this Article are listed in Appendix 4 of Annex VI (Sanitary and Phytosanitary Measures). Information shall be sent by post, fax or e-mail. Information sent by e-mail may be signed electronically and shall only be sent between the contact points.

3. When the information referred to in this Article has been made available by notification to the WTO in accordance with the relevant rules, or on any of the official, publicly accessible and fee free web-sites of the Party concerned, listed in Appendix 4 of Annex VI (Sanitary and Phytosanitary Measures), the information exchange shall be considered to have taken place.

Article 97. Notification and Consultation

1. Each Party shall notify in writing to the other Parties within two working days, of any serious or significant public, animal or plant health risk, including any food emergencies.

2. Notifications referred to in paragraph 1 shall be made to the contact points listed in Appendix 4 of Annex VI (Sanitary and Phytosanitary Measures). The Parties shall inform each other in accordance with Article 96 of any changes in the contact points. The written notifications referred to in paragraph 1 shall be made by post, fax or e-mail.

3. Where a Party has serious concerns regarding a risk to public, animal or plant health, affecting products being traded between the Parties, a Party may request consultations with the exporting Party regarding the situation. Such consultations shall take place as soon as possible. In those consultations, each Party shall endeavour to provide all the information necessary to avoid disruption in trade.

4. Consultations referred to in paragraph 3 may be held by e-mail, video or audio conference, or any other technological means available to the Parties. The Party requesting the consultations shall ensure the preparation of the minutes of such consultations.

Article 98. Emergency Measures

1. The importing Party may adopt, on the basis of serious public, animal or plant health risk and without previous notification, provisional and transitional measures necessary for the protection of public, animal or plant health. For consignments in transport between the Parties, such importing Party shall consider the most suitable and proportionate solution in order to avoid unnecessary disruptions to trade.

2. The Party adopting measures under paragraph 1 shall inform the other Parties as soon as possible, and in any case no later than one working day following the date of the adoption of the measure. The other Parties may request any information related to the sanitary situation of the Party adopting the measure, as well as to the measure itself. The Party adopting the measure shall answer as soon as the requested information is available.

3. Upon request of a Party, and in accordance with the provisions of Article 97, the Parties shall hold consultations regarding the situation within 15 working days following the date of receipt of the request for consultations. These consultations will be carried out in order to avoid unnecessary disruptions to trade. Options for the facilitation of the implementation or the replacement of the measures may be considered.

Article 99. Alternative Measures

1. Upon request of an exporting Party, and with respect to measures adopted by the importing Party affecting trade (including the establishment of specific limits for additives, residues and contaminants), the Parties concerned shall enter into consultations in accordance with Article 97 in order to agree on additional import conditions or alternative measures to be applied by the importing Party. Such additional import conditions or alternative measures may, when appropriate, be based on international standards or on measures of the exporting Party that ensure an equivalent level of protection as that of the importing Party. Article 95 shall not apply to these measures.

2. Upon request of the importing Party, an exporting Party shall provide all relevant information required by the legislation of the importing Party, including the results of their official laboratories or any other scientific information in order to be evaluated by the appropriate scientific instances. If agreed, the importing Party shall take the legislative or administrative measures to allow imports on the basis of such agreement.

3. Where relevant scientific evidence is insufficient, a Party may provisionally adopt SPS measures on the basis of available pertinent information. In such case, the Parties shall seek to obtain the additional information necessary for a more precise risk assessment, in order to allow the importing Party to review the SPS measure accordingly.

Article 100. Special and Differential Treatment

In application of Article 10 of the SPS Agreement, when a signatory Andean Country has identified difficulties with a proposed measure notified by the EU Party, the signatory Andean Country may request, in its comments submitted to the EU Party pursuant to Article 7 of the SPS Agreement, an opportunity to discuss the issue. The Parties concerned shall enter into consultations in order to agree on:

(a) alternative import conditions to be applied by the importing Party; and/or

(b) technical assistance according to Article 101; and/or (c) a transition period of six months, which could be exceptionally extended for another period of no longer than six months.

Article 101. Technical Assistance and Strengthening of the Trade Capacities

1. In accordance with the provisions of Title XIII (Technical Assistance and Trade- Capacity Building), the Parties agree to strengthen cooperation so as to contribute to this Chapter being implemented and made the most of with the aim of optimising its results and for the expanding opportunities and obtaining the greatest benefits for the Parties in relation to public health, animal and plant health and food safety. This cooperation shall be developed within the legal and institutional framework governing cooperation relations between the Parties.

2. To achieve these objectives, the Parties agree to attach particular importance to cooperation needs identified by the SPS Sub-committee and to transmit such information, as provided in Title XIII (Technical Assistance and Trade-Capacity Building). This Sub-committee may also review the mentioned needs.

Article 102. Collaboration on Animal Welfare

The SPS Sub-committee shall promote collaboration on animal welfare matters between the Parties.

Article 103. Sub-committee on Sanitary and Phytosanitary Measures

1. The Parties establish a Sub-committee on Sanitary and Phytosanitary Measures as a forum to ensure and monitor the implementation of this Chapter and to consider any matter that could affect compliance with its provisions. The SPS Sub-committee may review this Chapter and make recommendations accordingly.

2. The SPS Sub-committee shall comprise representatives designated by each Party. This Sub-committee shall meet on ordinary session at least once a year on a mutually agreed date and venue, and will hold special sessions upon request of any Party. The SPS Sub-committee shall hold its first ordinary session within the first year following the entry into force of this Agreement. The SPS Sub-committee shall adopt its working procedures at this first meeting. The agenda shall be agreed by the Parties before the meetings. The Sub-committee may also meet by video and audio conference.

3. The SPS Sub-committee shall:

(a) develop and monitor the implementation of this Chapter;

(b) provide a forum for discussing problems arising from the application of SPS measures and the application of this Chapter, and identify possible solutions;

(c) discuss the need to establish joint study programmes, in particular in relation to the establishment of specific limits;

(d) identify cooperation needs;

(e) conduct the consultations established in Article 104 concerning the settlement of disputes arising under this Chapter;

(f) conduct the consultations established in Article 100 of this Chapter concerning special and differential treatment; and

(g) perform any other function mutually agreed between the Parties.

4. The SPS Sub-committee may establish ad hoc working groups in order to undertake specific tasks and shall establish their functions and working procedures.

Article 104. Dispute Settlement

1. When a Party considers that an SPS measure of another Party is or might be contrary to the obligations under this Chapter, or that another Party has breached any obligation covered by this Chapter related to an SPS measure, such Party may request technical consultations in the SPS Sub-committee. The competent authorities identified in Appendix 1 of Annex VI (Sanitary and Phytosanitary Measures) will facilitate these consultations.

2. Unless otherwise agreed by the Parties to the dispute, when a dispute has been subject to consultations within the SPS Sub-committee according to paragraph 1, such consultations shall replace the consultations foreseen in Article 301 provided that those consultations meet the requirements established in paragraph 9 of that Article. Consultations in the SPS Sub-committee shall be deemed concluded within 30 days following the date of submission of the request, unless the consulting Parties agree to continue with the consultations. These consultations may be held via videophone conference, videoconference, or any other technological means mutually agreed by the consulting Parties.

Chapter 6.

Article 105. Movement of Goods

1. The Parties recognise the different levels reached by regional integration processes within the European Union, on the one hand, and between the signatory Andean Countries within the Andean Community, on the other. In this regard, the Parties will act with a view to moving towards the goal of creating conditions conducive to the free movement of goods from other Parties among their respective territories. In this respect:

(a) products originating in a signatory Andean Country shall benefit from free movement of goods within the territory of the European Union under the conditions established by the Treaty on the Functioning of the European Union for free movement of goods originating in third countries;

(b) subject to the provisions of the Andean Subregional Integration Agreement, (hereinafter referred to as the "Cartagena Agreement"), regarding movement of goods, the signatory Andean Countries will grant each other a treatment no less favourable than that granted to the EU Party pursuant to this Agreement. This obligation is not subject to Title XII (Dispute Settlement);

(c) having regard to Article 10, the signatory Andean Countries will make their best efforts to facilitate the movement of goods originating in the European Union between their territories and to avoid duplication of procedures and controls.

2. In addition to paragraph 1:

(a) on Customs matters, the signatory Andean Countries will apply to goods originating in the European Union and arriving from another signatory Andean Country, the most favourable customs procedures applicable to goods from other signatory Andean Countries;

(b) on Technical Barriers to Trade matters:

(i) the signatory Andean Countries will allow goods originating in the European Union to benefit from the harmonised standards, technical regulations and conformity assessment procedures applicable to trade between the signatory Andean Countries;

(ii) in areas of interest, the signatory Andean Countries will make their best efforts to foster the gradual harmonisation of standards, technical regulations and conformity assessment procedures;

(c) on Sanitary and Phytosanitary measures matters, the signatory Andean Countries will allow goods originating in the European Union to benefit from the harmonised procedures and requirements applied to trade. The SPS Subcommittee will examine the application of this subparagraph.

3. In the event that all the Member Countries of the Andean Community become Parties to this Agreement, the signatory Andean Countries will examine this new situation and propose to the EU Party the appropriate measures to improve the conditions of movement of goods originating in the European Union between the Member Countries of the Andean Community and, in particular, to avoid the duplication of procedures, customs duties and other charges, inspections and controls.

4. Pursuant to paragraph 3, the signatory Andean Countries will make their best efforts to foster harmonisation of their legislation and procedures on technical regulations and SPS measures, and to promote the harmonisation or mutual recognition of their controls and inspections.

5. In accordance with paragraph 1, the Parties shall develop cooperation mechanisms, taking into account their needs and realities, within the legal and institutional framework governing cooperation relationships between the Parties.

Chapter 7. Exceptions

Article 106. Exceptions to the Title on Trade In Goods

1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on trade in goods between the Parties, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures:

(a) necessary to protect public morals or to maintain public order (18);

(b) necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect;

(c) relating to the importations or exportations of gold or silver;

(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated in conformity with Article 27, the protection of intellectual property rights and the prevention of deceptive practices;

(e) relating to the products of prison labour;

(f) imposed for the protection of national treasures of artistic, historic or archaeological value;

(g) relating to the conservation of living and non-living exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption;

(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Parties and not disapproved by them or which is itself so submitted and not so disapproved (19);

(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation plan; provided that such restrictions shall not operate to increase the exports of, or the protection afforded to, such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination; and

(j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.

2. The Parties understand that when a Party intends to adopt any measure under subparagraphs 1(i) and 1(j), such Party shall provide the other Parties with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to resolve the situation of the Party intending to adopt the measure. If no agreement is reached within 30 days, such Party may apply measures under subparagraphs 1(i) and 1(j) to the exportation of the product concerned. However, where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to adopt the measures may do so and shall inform the other Parties as soon as possible.

(18) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of the society.
(19) The exception provided for in this subparagraph extends to any commodity agreement which conforms to the principles approved by the Economic and Social Council in its resolution 30 (IV) of 28 March 1947.

Title IV. Trade In Services, Establishment and Electronic Commerce

Chapter 1. General Provisions

Article 107. Objective and Scope of Application

1. The Parties, reaffirming their commitments under the WTO Agreement, and with a view to facilitating their economic integration, sustainable development and continuous integration into the global economy, and considering the differences in the level of development of the Parties, hereby establish the necessary provisions for the progressive liberalisation of establishment and trade in services and for cooperation on electronic commerce.

2. Nothing in this Title shall be construed to require any Party to privatise public undertakings or to impose any obligation with respect to government procurement.

3. The provisions of this Title shall not apply to subsidies granted by a Party (20).

4. The provisions of this Title shall not apply to services supplied in the exercise of governmental authority.

5. Subject to the provisions of this Title, each Party retains the right to exercise its powers and to regulate and introduce new regulations in order to meet legitimate public policy objectives.

6. This Title shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

7. Nothing in this Title shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment in this Title and its Annexes (21).

(20) For the purposes of this paragraph, the term ‘subsidies’ includes government-supported loans, guarantees, and insurance.
(21) The sole fact of requiring a visa for natural persons of a certain country and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.

Article 108. Definitions

For the purposes of this Title:

- "economic integration agreement" means an agreement substantially liberalising trade in services and establishment pursuant to WTO rules;

- "juridical person of a Party" means a juridical person set up in accordance with the laws of that Party and having its registered office, central administration or principal place of business in the territory of that Party; in case a juridical person has only its registered office or central administration in the territory of a Party, it shall not be considered as a juridical person of that Party, unless its operations have a real and continuous link with the economy of that Party (22);

- "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

- "measures adopted or maintained by a Party" means measures adopted or maintained by:

(a) central, regional or local governments and authorities; and

(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

- "natural person of a Party" means a natural person that has the nationality of a Member State of the European Union or of a signatory Andean Country according to their respective domestic legislation (23);

- "services" includes any service in any sector, except services supplied in the exercise of governmental authority;

- "services supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;

- "service supplier of a Party" means any natural or juridical person of a Party that seeks to supply or supplies a service;

- "supply of a service" includes the production, distribution, marketing, sale and delivery of a service.

(22) Shipping companies established outside of the European Union or of the signatory Andean Countries but controlled by nationals of a Member State of the European Union or of a signatory Andean Country, respectively, shall also benefit from the provisions of this Title, if their vessels are registered in accordance with the respective legislation of the Member State of the European Union or signatory Andean Country and carry the flag of a Member State of the European Union or a signatory Andean Country.
(23) For purposes of this Title, a natural person of a Party having a dual nationality of a Member State of the European Union and a signatory Andean Country shall be considered exclusively a national of the Party in which he/she accredits his/her dominant and effective nationality. For these purposes, dominant and effective nationality of a Party shall be understood as the nationality of the Party in which the natural person has stronger ties, considering factors such as, among others, his/her habitual residence, his/her family links, his/her place of taxation or the place where he/she exercises his/her political rights.

Article 109. Working Groups

  • 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