Colombia - Ecuador - EU - Peru FTA (2012)
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(a) all licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and

(b) the terms and conditions of individual licences.

3. Where a Party denies granting an individual licence, that Party shall, upon request, inform the applicant of the reasons for the denial. Each Party shall establish or maintain an appeal or review procedure, as appropriate, before an independent body (48). Such procedures shall be transparent, non-discriminatory, and based on objective criteria.

(47) In Colombia, the official postal operator or concessionary is a juridical person which supplies the universal postal service under a concession contract. The remaining postal services are subject to an expedited licensing regime administered by the Ministry of Information and Communications Technology. In Peru, the designated postal operator is a juridical person which under a concession granted by law, and with no exclusivity, has the obligation to supply the postal service in the whole country. The other postal services are subject to a permit regime granted by the Ministry of Transportation and Communications. In Ecuador, the official postal operator supplies universal postal services in the whole country under a licence granted by law, and with no exclusivity. The remaining postal services are subject to a permit registration regime administered by the National Postal Agency
(48) For greater certainty, the independent body may be of a judicial nature.

Article 138. Independence of Regulatory Bodies

Regulatory bodies shall be legally separate from, and not accountable to, any supplier of postal and courier services. The decisions of regulatory bodies, as well as the procedures applied by them, shall be impartial with respect to all market participants.

Section 4. Telecommunications Services

Article 139. Scope of Application

This Section sets out the principles of the regulatory framework for telecommunications services, other than broadcasting (49), committed pursuant to Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes) (50) (51) (52).

(49) ‘Broadcasting’ is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
(50) Between the EU Party and Peru, this Section shall only apply to telecommunication services offered to the general public that involve the real-time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information.
(51) Between the EU Party and Colombia, this Section shall also apply to value added telecommunications services. For greater certainty and for the purposes of this Section and Annex VII (List of Commitments on Establishment) and Annex VIII (List of Commitments on Cross-Border Supply of Services), for Colombia and the EU Party, ‘value added telecommunications services’ are telecommunications services for which suppliers ‘add value’ to the customer's information by enhancing its form or content or by providing for its storage and retrieval.
(52) Between the EU Party and Ecuador, this Section shall also apply to value added telecommunications services. For greater certainty and for the purposes of this Section and Annex VII (List of Commitments on Establishment) and Annex VIII (List of Commitments on Cross-Border Supply of Services), for Ecuador and the EU Party, ‘value added telecommunications services’ are telecommunications services for which suppliers ‘add value’ to the customer's information by enhancing its form or content or by providing for its storage and retrieval.

Article 140. Definitions

For the purposes of this Section:

- "essential telecommunications facilities" means facilities of a public telecommunications transport network and service (53) that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to provide a service;

- "interconnection" means linking with suppliers providing public telecommunications transport networks or services (54) in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

- "major supplier" means a supplier in the telecommunications sector which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for telecommunications services as a result of control over essential facilities or the use of its position in the market;

- "regulatory authority" means the body or bodies in the telecommunications sector in charge of the regulation of telecommunications referred to in this Section; and

- "telecommunications services" means all services consisting of the transmission and reception of electro-magnetic signals and does not cover the economic activity consisting of the provision of content which requires telecommunications for its transport.

(53) For greater certainty, ‘public telecommunication transport service’ shall be understood as defined in the Annex on Telecommunications of the GATS.
(54) For greater certainty, ‘public telecommunication transport service’ shall be understood as defined in the Annex on Telecommunication of the GATS.

Article 141. Competitive Safeguards on Major Suppliers

In accordance with the provisions of Title VIII (Competition), each Party shall introduce or maintain appropriate measures for the purpose of preventing suppliers which, alone or together, are a major supplier from engaging in or continuing anti-competitive practices. These anti-competitive practices shall include, in particular:

(a) engaging in anti-competitive cross-subsidisation, or in margin squeeze (55);

(b) using information obtained from competitors with anti-competitive results; and

(c) not making available to other services suppliers on a timely basis, technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

(55) The reference to ‘margin squeeze’ only applies to the EU Party.

Article 142. Additional Obligations of Major Suppliers  (56)

1. In accordance with the respective domestic legislation and procedures established by each Party, the regulatory authority of each Party shall, where appropriate, impose on major suppliers:

(a) obligations on transparency in relation to interconnection and/or access. Where a major supplier has obligations of non-discrimination as provided for in subparagraph (b), the regulatory authority may require that the major supplier publish a reference offer which is sufficiently unbundled to ensure that suppliers are not required to pay for facilities which are not necessary for the service requested. Such reference offer shall also include a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices;

(b) obligations of non-discrimination in relation to interconnection and/or access:

(i) to ensure that major suppliers in its territory apply equivalent conditions in equivalent circumstances to telecommunications services suppliers of another Party providing equivalent services; and

(ii) for services and information to other suppliers under the same conditions and of the same quality as they provide for their own services, or those of their subsidiaries or partners;

(c) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning the cost accounting systems for the provision of specific types of interconnection and/or access; and (d) obligations to meet reasonable requests by the suppliers of another Party for access to and use of specific network elements and associated facilities, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest.

2. Pursuant to subparagraph 1(d), major suppliers may be required to, inter alia:

(a) grant third parties access to specified network elements and/or facilities;

(b) negotiate in good faith with undertakings requesting access;

(c) provide specified services on a wholesale basis for resale by third parties;

(d) grant access to technical interfaces, protocols or other key technologies, which are indispensable for the interoperability of networks, and that allow, upon request, interconnection at additional points other than the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities;

(e) provide co-location or other forms of facility sharing, including duct, building or mast sharing;

(f) provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks; and

(g) interconnect networks or network facilities.

(56) This Article is not part of the commitments assumed between Peru and the EU Party under this Agreement without prejudice to the domestic legislation of each Party. For Colombia and the EU Party, and Ecuador and the EU Party, respectively, this Article shall only apply to telecommunication services that involve the real-time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information.

Article 143. Regulatory Authorities

1. Regulatory authorities for telecommunications services shall be legally distinct and functionally independent from any supplier of telecommunications services.

2. The regulatory authority shall be sufficiently empowered to regulate the sector. The tasks to be undertaken by a regulatory authority shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body.

3. The decisions of, and the procedures applied by, regulatory authorities shall be transparent and impartial with respect to all market participants.

4. A supplier affected by a decision of a regulatory authority of Colombia shall have the right to an appeal or review procedure, as appropriate, before a body independent of that regulatory authority.

5. A supplier affected by a decision of a regulatory authority of Peru or of the EU Party shall have the right to appeal such decision before an appeal body independent of the parties involved and which can be either judicial or non-judicial in character.

6. Where an appeal body of a Party is not judicial in character, written reasons for its decision shall always be provided and its decisions shall also be subject to review by an impartial and independent judicial authority. Decisions adopted by review or appeal bodies of a Party, as appropriate, shall be effectively enforced.

Article 144. Authorisation to Provide Telecommunications Services

1. The Parties shall endeavour to apply simplified procedures in authorising the provision of telecommunications services.

2. In accordance with the domestic legislation of each Party, an authorisation (57) may be required to address issues of attributions of numbers and frequencies. The terms and conditions for such authorisation shall be made publicly available.

3. Where an authorisation is required:

(a) all authorisation criteria and a reasonable period of time normally required to reach a decision concerning that application for an authorisation shall be made publicly available;

(b) the reasons for the denial of an authorisation shall be communicated in writing to the applicant upon request;

(c) in case that an authorisation is unduly denied, the applicant shall be able to seek review of and/or appeal against the decision in accordance with the domestic legislation of the respective Party;

(d) fees required by any Party for granting an authorisation shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable authorisation (58).

(57) For the purposes of this Section, the term ‘authorisation’ shall be understood to include licenses, concessions, permits, registries or any other authorisation that a Party may require to supply telecommunications services.
(58) Authorisation fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. For greater certainty, this subparagraph shall not be construed to restrict the right of each Party to require payment for the allocation of scarce resources such as the radio spectrum.

Article 145. Interconnection

1. Each Party shall ensure that any supplier authorised to provide telecommunications services in its territory has the right to negotiate interconnection with other providers of publicly available telecommunications networks and services. Interconnection should, in principle, be agreed on the basis of a commercial negotiation between the suppliers concerned.

2. Regulatory authorities of each Party shall require that suppliers that acquire information from another supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored.

3. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be provided:

(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and with a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, which have regard to economic feasibility, and which are sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

4. Each Party shall ensure that the procedures applicable for interconnection to a major supplier are made publicly available.

5. Each Party shall require that major suppliers make publicly available either their interconnection agreements or their reference interconnection offers.

6. Each Party shall ensure that a service supplier requesting interconnection with a major supplier has recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory authority as referred to in Article 143, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time.

Article 146. Scarce Resources

Each Party shall ensure that any procedure for the allocation and use of scarce resources, including frequencies, numbers and rights-of-way, are carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses shall not be required.

Article 147. Universal Service

1. Each Party has the right to define the kind of universal service obligations it wishes to adopt or maintain.

2. The obligations referred to in paragraph 1 shall not be regarded as anti-competitive per se, provided that such obligations are administered in a transparent, objective and non-discriminatory manner. The administration of such obligations shall also be neutral with respect to competition and shall not be more burdensome than necessary for the kind of universal service defined by each Party.

3. All suppliers should be eligible to ensure universal service and no supplier shall be a priori excluded. The designation shall be made through an efficient, transparent and non-discriminatory mechanism, in accordance with the domestic legislation of each Party.

Article 148. Telephone Directories

Each Party shall ensure that:

(a) directories of all fixed telephone subscribers are available to users in a form approved by the national regulatory authority, whether printed or electronic, or both, and are updated on a regular basis, and at least once a year; and

(b) organisations that provide the services referred to in subparagraph (a) apply the principle of non-discrimination to the treatment of information that has been provided to them by other organisations.

Article 149. Confidentiality of Information

Each Party shall ensure the confidentiality of telecommunications and related traffic data by means of a publicly available telecommunications networks and services without restricting trade in services.

Article 150. Disputes between Suppliers

1. In the event of a dispute arising between suppliers of telecommunications networks or services in connection with rights and obligations set out in this Section, the regulatory authority of the Party concerned shall, at the request of a party to the dispute, issue a binding decision to resolve the dispute within the shortest possible timeframe.

2. When such a dispute relates to cross-border supply of services, the regulatory authorities of the Parties concerned shall coordinate their efforts in order to achieve a resolution of the dispute.

Section 5. Financial Services

Article 151. Scope of Application

This Section establishes the principles of the regulatory framework for all financial services committed pursuant to Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes) of this Title. This Section applies to measures affecting the supply of financial services (59).

(59) Reference to the supply of a financial service in this Section shall mean the supply of a service as defined in Article 108.

Article 152. Definitions

For the purposes of this Chapter and of Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes) of this Title:

- "financial service" means any service of a financial nature offered by a financial service supplier of a Party. Financial services include all insurance and insurance-related services, and all banking and other financial services (excluding insurance). Financial services include the following activities:

(a) insurance and insurance-related services:

(i) direct insurance (including co-insurance):

(A) life;

(B) non-life;

(ii) reinsurance and retrocession;

(iii) insurance inter-mediation, such as brokerage and agency; and

(iv) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;

(b) banking and other financial services (excluding insurance):

(i) acceptance of deposits and other repayable funds from the public;

(ii) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;

(iii) financial leasing;

(iv) all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

(v) guarantees and commitments;

(vi) trading, for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(A) money market instruments (including cheques, bills, certificates of deposits);

(B) foreign exchange;

(C) derivative products including, but not limited to, futures and options;

(D) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(E) transferable securities; and

(F) other negotiable instruments and financial assets, including bullion;

(vii) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(viii) money broking;

(ix) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(x) settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

(xi) provision and transfer of financial information, and financial data processing and related software; and

(xii) advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (i) through (xi) above, including credit reference and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy;

- "financial service supplier" means any natural or juridical person of a Party that seeks to supply or supplies financial services. The term "financial service supplier" does not include a public entity;

- "new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of another Party;

- "public entity" means:

(a) a government, a central bank or a monetary authority, of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(b) a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions;

- "self-regulatory organisation" means any non-governmental body, including any securities or futures exchange or market, clearing agency or other organisation or association that exercises its own or delegated regulatory or supervisory authority over financial service suppliers; for greater certainty, a self-regulatory organisation shall not be considered a designated monopoly for purposes of Title VIII (Competition);

- "services supplied in the exercise of governmental authority" for the purposes of Article 108, also includes:

(a) activities conducted by a central bank or a monetary authority or by any other public entity in pursuit of monetary or exchange rate policies;

(b) activities forming part of a statutory system of social security or public retirement plans; and

(c) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government;

for purposes of the definition of "services supplied in the exercise of governmental authority" in Article 108, if a Party allows any of the activities referred to in subparagraphs (b) or (c) above to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, the definition of "services" as established in Article 108 shall include such activities.

Article 153. Clearing and Payment Systems

1. Under terms and conditions that accord national treatment, each Party shall grant to financial service suppliers of another Party established in its territory access to payment and clearing systems operated by public entities and to official funding and refinancing facilities available in the normal course of ordinary business. This paragraph is not intended to confer access to lender of last resort facilities of a Party.

2. Where a Party:

(a) requires, as a condition for financial service suppliers of another Party to supply financial services on an equal basis with domestic financial service suppliers, membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organisation or association; or

(b) provides, directly or indirectly, such entities privileges or advantages in supplying financial services; such Party shall ensure that such entities accord national treatment to financial service suppliers of another Party resident in its territory.

Article 154. Prudential Carve-out

1. Notwithstanding other provisions of this Title or Title V (Current Payments and Movements of Capital), a Party may adopt or maintain for prudential reasons (60), measures such as:

(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

(b) ensuring the integrity and stability of its financial system.

2. Measures referred to in paragraph 1 shall not be more burdensome than necessary to achieve their aim, and shall not discriminate against financial services or financial service suppliers of another Party in comparison to its own like financial services or like financial service suppliers.

3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.

4. Without prejudice to other means of prudential regulation of the cross-border supply of financial services, a Party may require the registration or authorisation of cross-border suppliers of financial services of another Party and of financial instruments.

(60) The term ‘prudential reasons’ may include the maintenance of the safety, soundness, integrity or financial responsibility of individual financial service suppliers.

Article 155. Effective and Transparent Regulation

1. Each Party shall make its best endeavours to provide in advance to all interested persons any measure of general application that that Party intends to adopt in order to give an opportunity for such persons to comment on the measure. Such measure shall be provided:

(a) by means of an official publication; or

(b) in other written or electronic form.

  • 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