1 For greater certainty, the transport of passengers or cargo between a port and a vessel for the purposes of loading or discharge of the vessel is not considered a feeder service. Such services shall be considered a port service for the purpose of this Section.
2 A single transport document is a document, such as a contract (that may be supported by other documents), which provides evidence that the cargo is being transported as part of a single international transport operation. These documents may be in electronic form, where applicable.
a juridical person of a Party, as defined in Article 1.2 (Definitions) when supplying international maritime transport services; or
(ii) a juridical person of a third country owned or controlled by a natural person of a Party, if any of its vessels are registered in accordance with the law of that Party and flying the flag of that Party, when supplying international maritime transport services using those vessels.
‘maritime agency services’ means activities consisting of representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;
acting on behalf of the companies by organising the call of the vessel or taking over cargoes when required.
‘maritime auxiliary services’ means maritime cargo handling services, customs clearance services, container station and depot services, maritime agency services and maritime freight forwarding services;
‘maritime cargo handling services’ means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dock workers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:
the loading or discharging of cargo to or from a vessel;
the lashing or unlashing of cargo;
the reception or delivery and safekeeping of cargoes before shipment or after discharge; and
‘port services’ means services provided to port users inside a maritime port area or on the waterway access to the port by a provider of port services, the managing body of a port, its subcontractors, or other service providers, to support the transport of cargo or passengers.
Article Article 9.82 Obligations
The obligations contained in this Article shall not apply to the non-conforming aspects of measures adopted or maintained in accordance with Article X.X (Non-Conforming Measures investment) or, Article X.X (Non-Conforming Measures services).
Each Party recognises the principle of unrestricted access to the international maritime markets and trades on a commercial, reasonable and non-discriminatory basis. To this end, each Party shall:
accord to vessels supplying an international maritime transport service and flying the flag of the other Party, and international maritime transport service suppliers of the other Party, treatment no less favourable than it accords, in like situations, to its own vessels or international maritime transport service suppliers, or to vessels or international maritime transport service suppliers of a non-Party with regard to, inter alia:
access to ports;
the use of port infrastructure and services of ports, such as pilotage, towing and tug assistance, provisioning, bunkering and watering, garbage collecting and ballast waste disposal, port captain’s services, navigation aids, emergency repair facilities, anchorage, berth, berthing and unberthing services and shore-based operational services essential to ship operations, including communications, water and electrical supplies;
the use of maritime auxiliary services;
access to customs facilities; and
the assignment of berths and facilities for loading and unloading,
including related fees and charges, specifications and quality;
permit international maritime transport service suppliers of the other party, subject to the authorisation by the competent authority where applicable, to re-position owned or leased empty containers, which are not being carried as cargo against payment, between ports of Australia or between ports of a Member State of the European Union; and
permit international maritime transport service suppliers of the other Party to provide feeder services between their national ports, subject to the authorisation by the competent authority where applicable.
The Parties shall not:
introduce cargo-sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous agreements; or
maintain or introduce a measure that requires all or part of any international cargo to be transported exclusively by vessels registered in that country and/or owned or controlled by nationals of that country.
Article Article 9.83 Information Exchange
The Parties shall endeavour to exchange information on matters relating to the implementation of this Section, including regulatory developments and matters relating to enforcement such as the identification, registration and contact details of international maritime transport service suppliers. Each Party shall endeavour to respond to requests from the other Party for such information, in a timely manner.
On the date of the entry into force of this Agreement, each Party shall designate a contact point for the implementation of this Section and shall notify its contact point to the other Party. A Party shall promptly notify the other Party of any change to its contact point.
DISCLAIMER: The Commission and Australia are publishing the texts of the Agreement following the announcement of conclusion of the negotiations on 24 March 2026. The texts are published in view of the public interest in the Agreement, for information purposes only and they may undergo further minor modifications, including as a result of the process of legal and linguistic revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Australia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its applicable legal requirements and procedures necessary for the entry into force of the Agreement.
ANNEX 9-A
MOVEMENT OF NATURAL PERSONS FOR BUSINESS PURPOSES
Article ARTICLE 1
Temporary entry-related procedural commitments
Each Party should ensure that the processing of applications for temporary entry pursuant to their respective commitments in this Agreement follows good administrative practice. To that effect:
each Party shall ensure that fees charged by its competent authorities for the processing of applications for temporary entry are reasonable, in that they do not unduly impair or delay trade in services or conduct of investment activities under this Agreement;
subject to the competent authorities' discretion, documents required from the applicant for an application for the grant of temporary entry of short-term visitors for business purposes should be commensurate with the purpose for which they are required;
complete applications for the grant of temporary entry shall be processed as expeditiously as possible;
the competent authorities of a Party shall endeavour to provide, without undue delay, information in response to any reasonable request from an applicant concerning the status of an application;
if the competent authorities of a Party require additional information from the applicant in order to process the application, they shall endeavour to notify the applicant without undue delay;
the competent authorities of each Party shall notify the applicant of the outcome of the application promptly after a decision has been taken;
if the application is approved, the competent authorities of each Party shall notify the applicant of the period of stay and other relevant terms and conditions;
if the application is denied, the competent authorities of a Party shall, upon request or upon their own initiative make available to the applicant information on any available administrative review; and
each Party shall endeavour to accept and process applications in electronic format.
Article ARTICLE 2
Additional procedural commitments applying to intra-corporate transferees and their family
members9
The Union shall extend to family members of natural persons of Australia who are intra-corporate transferees to the Union, the right of temporary entry and stay granted to family members of an intra-corporate transferee under Article 19 of the Directive 2014/66/EU.
9 This Article does not apply to the Member States that are not subject to the
Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ EU L 157, 27.5.2014, p. 1).
DISCLAIMER: The Commission and Australia are publishing the texts of the Agreement following the announcement of conclusion of the negotiations on 24 March 2026. The texts are published in view of the public interest in the Agreement, for information purposes only and they may undergo further minor modifications, including as a result of the process of legal and linguistic revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Australia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its applicable legal requirements and procedures necessary for the entry into force of the Agreement.
Chapter 10. CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS
Article ARTICLE 10.1
Current account
Without prejudice to other provisions of this Agreement, each Party shall allow, in freely convertible currency and in accordance with the relevant provisions of the Articles of Agreement of the International Monetary Fund, adopted at New Hampshire on 22 July 1944, any payments or transfers with respect to transactions on the current account of the balance of payments that fall within the scope of this Agreement.
Capital movements
Without prejudice to other provisions of this Agreement, each Party shall allow, with regard to transactions on the capital and financial account of the balance of payments, the free movement of capital for the purpose of investment liberalisation and other transactions as provided for in Chapter 9 (Investment liberalisation and trade in services).
The Parties shall consult each other to facilitate the movement of capital between them in order to promote trade and investment.
Application of laws and regulations relating to capital movements, payments or transfers
Nothing in Articles 10.1 and 10.2 shall be construed to prevent a Party from applying its laws and regulations relating to:
bankruptcy, insolvency or the protection of the rights of creditors;
issuing, trading or dealing in securities, futures, options or other financial instruments;
financial reporting or record keeping of capital movements, payments or transfers if necessary to assist law enforcement or financial regulatory authorities;
criminal or penal offences;
deceptive or fraudulent practices;
ensuring compliance with orders or judgments in judicial or administrative proceedings; or
social security, public retirement or compulsory savings schemes.
A Party shall not apply its laws and regulations referred to in paragraph 1 in an arbitrary or discriminatory manner, or in a manner that would otherwise constitute a disguised restriction on capital movements, payments or transfers.
Temporary safeguard measures
In exceptional circumstances of serious difficulties for the operation of the Union's economic and monetary union or threat thereof, the Union may adopt or maintain safeguard measures with regard to capital movements, payments or transfers for a period not exceeding six months.
A measure adopted or maintained pursuant to paragraph 1 shall not exceed what is necessary to deal with the circumstances described in paragraph 1 and shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination in respect of Australia as compared to a third country.
Restrictions in case of balance of payments or external financial difficulties
Where a Party experiences serious balance of payments or external financial difficulties or the threat thereof,1 it may adopt or maintain restrictions with regard to capital movements, payments or transfers.
A measure adopted or maintained pursuant to paragraph 1 shall:
be consistent with the Articles of Agreement of the International Monetary Fund;
not exceed what is necessary to deal with the circumstances described in paragraph 1;
be temporary and phased out progressively as the situation specified in paragraph 1 improves;
avoid unnecessary damage to the commercial, economic and financial interests of the other Party; and
1 For greater certainty, serious balance of payments or external financial difficulties, or threat thereof, may be caused by, among other factors, serious difficulties related to monetary or exchange rate policies, or threat thereof.
be non-discriminatory so that the other Party is treated no less favourably than any third country.
With respect to trade in goods, each Party may adopt or maintain restrictive import measures in order to safeguard its balance of payments or external financial position in accordance with GATT 1994 and the Understanding on the Balance-of-Payments provisions of the GATT 1994.
With respect to trade in services, each Party may adopt or maintain restrictions in order to safeguard its balance of payments or external financial position in accordance with GATS.
A Party that adopts or maintains measures referred to in paragraph 1 shall promptly notify the other Party of these measures and present either a schedule, or the conditions necessary, for their removal.
If restrictions are adopted or maintained pursuant to this Article, the Parties shall promptly hold consultations involving relevant technical experts. The consultations shall assess the balance of payments or external financial difficulty that led to the respective measures, taking into account such factors as:
the nature and extent of the difficulties;
the external economic and trading environment; or
alternative corrective measures which may be available.
The consultations pursuant to paragraph 6 shall address the compliance of any restrictive measure with paragraphs 1 and 2. All relevant findings of statistical or factual nature presented by the International Monetary Fund, where available, shall be accepted in those consultations. Conclusions of the consultations shall take into account the assessment by the International Monetary Fund of the balance of payments and the external financial situation of the Party concerned.
DISCLAIMER: The Commission and Australia are publishing the texts of the Agreement following the announcement of conclusion of the negotiations on 24 March 2026. The texts are published in view of the public interest in the Agreement, for information purposes only and they may undergo further minor modifications, including as a result of the process of legal and linguistic revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Australia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its applicable legal requirements and procedures necessary for the entry into force of the Agreement.
Chapter 11. DIGITAL TRADE
Section A. GENERAL PROVISIONS
Article 11.1. Scope
1. The Parties recognise the economic growth and opportunities provided by, and the importance of, promoting consumer confidence in digital trade.
2. This Chapter applies to measures of a Party affecting trade enabled, either wholly or partially, by electronic means.
3. This Chapter does not apply to:
(a) audio-visual services; or
(b) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection.
4. Article 11.5 (Cross-border data flows) does not apply to a measure to the extent that such measure is not subject to Section B (Investment liberalisation) or Section C (Cross-border trade in services) of Chapter 9 (Investment liberalisation and trade in services), by reason of:
(a) Article 9.10 (Non-conforming measures and exceptions – Investment liberalisation) or Article 9.17 (Non-conforming measures – Cross-border trade in services); and
(b) entries 9 (Gambling and betting) and 35 (Foreign investment) in Appendix 9-D-2 [Australia's schedule of non-conforming measures for services and investment, future measures].
Article 11.2. Definitions
1. For the purposes of this Chapter, the following definitions apply:
(a) the definitions set out in Article 9.2 (Definitions - Investment liberalisation and trade in services (Section A));
(b) "consumer" means any natural person engaging in electronic commerce transactions for other than professional purposes or, if provided for in the laws or regulations of a Party, any enterprise engaging in electronic commerce transactions;
(c) "direct marketing communication" means any form of commercial advertising by which a person communicates marketing messages directly to a user via a public telecommunications service and, for the purpose of this Agreement, covers at least electronic mail, text and multimedia messages (SMS and MMS) and phone calls;
(d) "electronic authentication" means an electronic process that enables the confirmation of:
(i) the electronic identification of a person; or
(ii) the origin and integrity of data in electronic form;
(e) "electronic seal" means data in electronic form used by a juridical person which is attached to or logically associated with other data in electronic form to ensure the latter's origin and integrity;
(f) "electronic signature" means data in electronic form, which is attached to or logically associated with other data in electronic form and that may be used by a signatory to sign that other data; (1)
(g) "government data" means data owned or held by the central or regional levels of government;
(h) "internet access service" means a public telecommunications service that provides access to the internet, and thereby connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used;
(i) "personal data" means any information relating to an identified or identifiable natural person
(j) "public telecommunications service" means a public telecommunications service as defined in point (j) of Article 9.X (Investment liberalisation and trade in services Chapter (Section E.6));
(k) "trade administration documents" means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods; and
(l) "user" means any person using a public telecommunications service.
2. The definition of "customs duty" set out in point (b) of Article 1.3 (General Definitions – Initial Provisions Chapter) does not apply to this Chapter.
Article 11.3. Right to Regulate
The Parties reaffirm each Party's right to regulate within their territories in pursuit of legitimate public policy objectives, such as the protection of health, social services, public education, safety, the environment, including climate change, public morals, social or consumer protection, animal welfare, privacy and data protection, security of energy supply, the promotion and protection of cultural diversity and, in the case of Australia, the promotion and protection of the rights and interests of Australian First Nations peoples.
Article 11.4. Exceptions
For greater certainty, nothing in this Chapter prevents a Party from adopting or maintaining a measure that meets the requirements of Article 23.1 (General exceptions), Article 23.2 (Security exceptions) or Article 9.z (Measures for prudential reasons – Investment Liberalisation and Trade in Services Chapter (Section E.3)).
Section B. DATA FLOWS AND PERSONAL DATA PROTECTION
Article 11.5. Cross-border Data Flows
1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, cross-border data flows shall not be restricted between the Parties:
(a) requiring the use of computing facilities or network elements in the Party's territory for processing, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of Party;
(b) requiring the localisation of data in the Party's territory for storage or processing;
(c) prohibiting storage or processing in the territory of the other Party;
(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Party's territory or upon localisation requirements in the Party's territory; or
(e) requiring the approval prior to the transfer of data to the territory of the other Party. (2)
2. The Parties shall keep the implementation of paragraph 1 under review and assess its functioning within three years after the date of entry into force of this Agreement. A Party may at any time propose to the other Party to review the list of restrictions specified in paragraph 1. That request shall be accorded sympathetic consideration.
3. If a Party undertakes commitments to refrain from adopting or maintaining restrictions of cross-border data flows between that Party and a third country, further to the restrictions specified in paragraph 1, in an existing or future bilateral or multilateral trade agreement with a third country, the Parties will review the restrictions in paragraph 1 with a view to incorporating such commitments into this Article.
Article 11.6. Personal Information Protection
1. Each Party recognises that natural persons have a right to the protection of personal data and privacy and that high standards in this regard contribute to trust in the digital economy and to the development of trade.
2. Nothing in this Agreement shall prevent a Party from adopting or maintaining any measure to protect personal data and privacy, (3) including with respect to cross-border data transfers, provided that the law of the Party provides for instruments enabling transfers under conditions of general application (4) for the protection of the data transferred.
3. Each Party shall inform the other Party about any measure referred to in paragraph 3 that it adopts or maintains.
Section C. SPECIFIC PROVISIONS
Article 11.7. Customs Duties on Electronic Transmissions
1. A Party shall not impose customs duties on electronic transmissions between a person of a Party and a person of the other Party.
2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided such taxes, fees or charges are imposed in a manner consistent with this Agreement.
Article 11.8. Conclusion of Contracts by Electronic Means
1. Each Party shall ensure that contracts may be concluded by electronic means and that its law neither creates obstacles for the use of electronic contracts nor results in contracts being deprived of either legal effect or legal validity solely on the ground that the contract has been made by electronic means.
2. Paragraph 1 does not apply to: