trade and conservation and sustainable use of biological diversity;
the protection, restoration, maintenance and valuation of ecosystems and ecosystem services, and related economic instruments; and
access to genetic resources, and the fair and equitable sharing of benefits from their utilisation consistent with the objectives of the CBD.
Trade and wildlife conservation
The Parties recognise the importance of ensuring that international trade of wild animals and plants does not threaten their survival, as set out in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington on 3 March 1973 (hereinafter referred to as "CITES").
Accordingly, in light of paragraph 1, each Party shall:
implement effective measures to combat illegal wildlife trade, including with respect to trade originating from other CITES parties and by working cooperatively with other stakeholders, as appropriate; and
promote the long-term conservation and sustainable use of the animal and plant species listed in the Appendices to the CITES and the CITES as an instrument to meet these objectives, including through the inclusion of animal and plant species in the Appendices to the CITES where their conservation status is considered at risk because of international trade.
The Parties shall work together to strengthen their cooperation on matters related to trade and wildlife conservation, bilaterally, regionally and in international fora, as appropriate. Such cooperation may cover, inter alia, tackling illegal wildlife trade, including through initiatives to reduce demand for illegal wildlife products and initiatives to enhance information sharing.
Trade and sustainable forest management
The Parties recognise the importance of sustainable forest management and the role of trade in pursuing this objective. The Parties acknowledge their role as major consumers, producers and traders of forest products and the importance of the forest sector to the development and livelihood of communities and indigenous peoples, and the need to address drivers of deforestation from outside the forest sector.
The Parties acknowledge the importance of:
the sustainable management of forests for addressing climate change and biodiversity loss and providing environmental, economic and social benefits for present and future generations; and
trade in forest products harvested from sustainably managed forests in accordance with the laws of the country of harvest, and in products from deforestation-free supply chains.
In light of paragraphs 1 and 2, each Party shall:
implement measures which contribute to combatting illegal logging and related trade and promote trade in legally harvested forest products;
encourage trade in forest products that are sourced from sustainably managed forests and harvested in accordance with the relevant laws of the country of harvest;
cooperate bilaterally and in international fora and exchange information, as appropriate, on the implementation of measures to combat illegal logging and related trade, including with
respect to third countries, and on the trade-related aspects of sustainable forest management, forest governance, and conservation of forest cover; and
cooperate and exchange information, as appropriate, on minimising all forms of deforestation and forest degradation, including on drivers from outside the forest sector and ways to encourage the consumption and trade in products from deforestation-free supply chains, including both voluntary and regulatory approaches, minimising the risk that products associated with deforestation or forest degradation are placed on their markets.
Trade and sustainable management of fisheries and aquaculture
The Parties acknowledge their role, both domestically and internationally, as consumers, producers and traders of fisheries products and recognise the importance of conserving and sustainably managing marine biological resources and marine ecosystems as well as of promoting responsible and sustainable aquaculture, and the role of trade in pursuing these objectives, with particular emphasis on supporting developing and coastal state development and livelihoods.
The Parties acknowledge that inadequate management and control of fisheries activities, certain fisheries subsidies that contribute to overcapacity and overfishing, and illegal, unreported and unregulated (hereinafter referred to as "IUU"7) fishing threatens fishery stocks, the livelihoods of persons engaged in responsible fishing practices and the sustainability of trade in fishery products and confirm the need for individual and collective action to address the problems of overfishing and unsustainable utilisation of fisheries resources, and to combat IUU fishing.
In light of paragraphs 1 and 2, each Party shall:
seek to operate a fisheries management system that shall be based on the best scientific evidence available and on internationally recognised best practices for fisheries management
7 The term "illegal, unreported and unregulated fishing" is to be understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2001 IUU Fishing Plan of Action) of the UN Food and Agricultural Organisation ("FAO"), adopted in Rome, 2001.
and conservation as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species8, and that is designed, inter alia, to:
prevent overfishing and over-capacity;
reduce by-catch of non-target species and juveniles; and
promote the recovery of overfished stocks for all marine fisheries in which vessels flying the flag of that Party conduct fishing activities;
participate actively in the work of Regional Fisheries Management Organisations (hereinafter referred to as "RFMOs") to which it is a member, observer, or cooperating non-contracting party, with the aim of achieving good fisheries governance and sustainable fisheries, such as through the promotion of scientific research and the adoption of conservation and management measures based on best available scientific information, the strengthening of compliance mechanisms, the undertaking of periodic performance reviews and the adoption of effective control, monitoring and enforcement of the RFMOs' conservation and management measures and, where applicable, the adoption and implementation of catch documentation or certification schemes and port state measures;
support international cooperation to combat IUU fishing and to deter trade in IUU products from entering supply chains by:
promoting best-practice monitoring, control and surveillance as well as compliance and enforcement systems;
8 Such international instruments include, inter alia, and as they may apply, the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982; the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, done at New York on 4 August 1995; the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, done at Rome on 24 November 1993; the FAO Code of Conduct for Responsible Fisheries, and the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at Rome on 22 November 2009, noting relevant and complementary voluntary initiatives such as the FAO's Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels.
implementing control measures on vessels flying its flag and on transhipment and landing operations; and
facilitating the exchange of information through the use of existing agreed channels; and
promote the development of sustainable and responsible aquaculture, including with regard to the implementation of the objectives and principles contained in the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO") Code of Conduct for Responsible Fisheries.
The Parties shall work together to strengthen their cooperation on trade-related aspects of fishery and aquaculture policies and measures, bilaterally, regionally and in international fora, as appropriate, including in the WTO, RFMOs and under other multilateral instruments in this field, with the aim of promoting sustainable fishing practices and trade in fish products from sustainably managed fisheries.
Trade and investment in environmental goods and services
The Parties recognise the importance of trade and investment in environmental goods and services as a means of improving environmental and economic performance and in contributing to addressing global environmental challenges.
To that end, the Parties recall that each Party has eliminated customs duties on environmental goods originating in the other Party pursuant to Article 2.5 (Elimination of customs duties). An illustrative list of such goods contributing to climate change mitigation is provided in Annex 18-B (Illustrative list of goods contributing to climate change mitigation).
The Parties further recall their commitments in relation to environmental services under Chapter 9 (Investment liberalisation and trade in services). An illustrative list of such environmental services is provided in Annex 18-A (Illustrative list of environmental services).
Furthermore, in light of paragraph 1, each Party shall facilitate and promote as appropriate trade and investment in environmental goods and services, including through addressing related non-tariff barriers, cooperating on rules, standards, technical regulations and conformity assessment procedures relevant to the green economy, or through policy frameworks conducive to the deployment of the best available technologies.
The Parties may cooperate on initiatives to promote environmental goods and services, bilaterally and in international fora as appropriate, including in the WTO, inter alia, through the exchange of information and best practices, including in relation to developing policies, standards, technical regulations and conformity assessment procedures, measures and approaches.
Trade and responsible business conduct
The Parties recognise the importance of responsible management of supply chains through responsible business conduct or corporate social responsibility practices and the role of trade in pursuing this objective.
In light of paragraph 1, each Party shall:
promote corporate social responsibility or responsible business conduct and encourage the uptake of relevant practices and initiatives by business, including enhanced transparency measures in relation to responsible management of supply chains; and
support the dissemination of relevant international guidelines and principles, such as the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the UN Global Compact, and the UN Guiding Principles on Business and Human Rights.
The Parties recognise the utility of international sector-specific guidelines, including the OECD Due Diligence Guidance documents, in the area of corporate social responsibility or responsible business conduct. The Parties shall endeavour to promote the uptake of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-
Risk Areas and its supplements. In this context, the Parties also recall the FAO Principles for Responsible Investment in Agriculture and Food Systems, and the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security.
The Parties shall work together to strengthen their cooperation on trade-related aspects of issues covered by this Article, bilaterally, regionally and in international fora, as appropriate, inter alia, through the exchange of information, best practices and outreach initiatives.
Scientific and technical information
Each Party shall take into account available scientific and technical information and, as appropriate, relevant international standards, guidelines or recommendations, in particular from the international organisations referred to in this Chapter, when establishing or implementing measures aimed at protecting the environment or labour conditions, such as occupational safety and health, that may affect bilateral trade or investment.
In accordance with a precautionary approach9, where there are risks of serious or irreversible damage to the environment or to occupational safety and health, the lack of full scientific certainty shall not be used as a reason preventing a Party from adopting appropriate measures to prevent such damage.
The measures referred to in paragraph 2 shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
The Parties affirm that this Article is not intended to prejudice the rights and obligations of either Party under this Agreement.
9 For greater certainty, in relation to the implementation of this Agreement in the territory of the Union, the term "precautionary approach" refers to the term "precautionary principle".
Transparency
Each Party shall ensure that its measures aimed at protecting the environment and labour conditions that may affect trade or investment, or its trade or investment measures that may affect the protection of the environment or labour conditions, are developed, enacted and implemented in a transparent manner, in accordance with its rules and procedures and Chapter 21 (Transparency), and provide reasonable opportunities for interested persons and stakeholders to submit views on such measures.
Committee on Trade and Sustainable Development and contact points
The Committee on Trade and Sustainable Development is established pursuant to Article 22.5(1) (Specialised committees).
In addition to the functions specified in Article 22.6 (Functions of the specialised committees), the Committee on Trade and Sustainable Development shall have the following functions:
monitor and review the implementation of this Chapter;
carry out the tasks referred to in point (b) in Article 24.14(3) (Compliance measures);
communicate to the Trade Committee on issues regarding the implementation of this Chapter, including proposing topics to discuss with the domestic advisory groups referred to in Article
22.7 (Domestic advisory groups); and
consider any other matter related to the implementation of this Chapter as the Parties may agree.
The Committee on Trade and Sustainable Development shall publish a report after each of its meetings.
Each Party shall, upon the entry into force of this Agreement, designate a contact point within its administration to facilitate communication and coordination between the Parties on any matter relating to the implementation of this Chapter. Each Party shall promptly notify the other Party of the contact details of its contact point. The Parties shall promptly notify each other of any change of those contact details.
Each Party shall give due consideration to communication from the public on matters relevant to this Chapter. Where appropriate, each Party may inform the domestic advisory group established pursuant to Article 22.7 (Domestic advisory groups), as well as the contact point of the other Party established pursuant to paragraph 4 of this Article, of that communication.
Chapter 19. SMALL AND MEDIUM-SIZED ENTERPRISES
Article ARTICLE 19.1
Objective
The Parties recognise the importance of SMEs in their bilateral trade and investment relations and affirm their commitment to enhance the ability of SMEs to benefit from this Agreement.
Information sharing
Each Party shall establish or maintain a publicly accessible website containing information regarding this Agreement, including:
a summary of this Agreement; and
information designed for SMEs that includes:
a description of the provisions in this Agreement that each Party considers to be relevant to SMEs; and
any additional information that each Party considers would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
Each Party shall, on the website referred to in paragraph 1, include links to the:
text of this Agreement, including all Annexes;
equivalent website of the other Party; and
websites of its own authorities or agencies that the Party considers would provide useful information to persons interested in trading, investing or doing business in that Party.
Each Party shall, on the website referred to in paragraph 1, include a link to websites of that Party with information related to the following:
customs regulations and procedures for importation, exportation and transit as well as relevant forms, documents and other information as provided for in Chapter 2 (Trade in Goods) and Chapter 4 (Customs and trade facilitation);
sanitary and phytosanitary measures relating to importation and exportation as provided for in Chapter 6 (Sanitary and phytosanitary measures);
technical regulations, including conformity assessment procedures and lists of conformity assessment bodies in cases where third-party conformity assessment is mandatory, as provided for in Chapter 8 (Technical barriers to trade);
rules on government procurement, databases containing government procurement notices and other relevant information as provided for in Chapter 13 (Government procurement);
regulations and procedures concerning intellectual property rights, including copyright, patents, trademarks, industrial designs and geographical indications, as provided for in Chapter 17 (Intellectual property);
business registration procedures;
any other matter covered by this Agreement; and
any other information that the Party considers may be of assistance to SMEs.
Each Party shall, on the website referred to in paragraph 1, include a link to a database that is searchable by tariff nomenclature code and that includes the following information with respect to access to its market:
rates of customs duties and quotas, including preferential rates and tariff-quotas, most-favoured nation rates and any other rates and quotas;
excise duties;
taxes (value added tax or goods and services tax);
customs or other fees, including other product specific fees;
rules of origin as provided for in Chapter 3 (Rules of origin);
duty drawback, deferral, or other types of relief that reduce, refund, or waive customs duties;
criteria used to determine the customs value of the good;
other tariff measures;
information needed for import procedures; and
information related to non-tariff measures or regulations.
Each Party shall regularly review the information and links referred to in paragraphs 1 to 4 to ensure they are as up-to-date and as accurate as possible.
Each Party shall ensure that information set out in this Article is presented in an easy-to-understand manner to be used by SMEs. Each Party shall endeavour to make this information available in English.
A Party shall not charge a fee for access to the information referred to in paragraphs 1 to 4 for a person of either Party.
SME contact points
Each Party shall communicate to the other Party its SME contact point and shall promptly notify the other Party of any change to the details of that contact point.
The SME contact points shall:
each assist its Party to ensure that SMEs’ needs are considered in the implementation of this Agreement so that SMEs of both Parties can take advantage of new opportunities under this Agreement;
ensure that the information referred to in Article 19.2 (Information sharing) is up-to-date and relevant for SMEs;
examine any matter relevant to SMEs in connection with the implementation of this Agreement, including:
exchanging information to assist the Trade Committee in its task to monitor and implement the SME-related aspects of this Agreement;
assisting other committees, contact points and working groups established by this Agreement in considering matters of relevance to SMEs;
report periodically on their activities, jointly or individually, to the Trade Committee for its
consideration; and
consider any other matter arising under this Agreement pertaining to SMEs as the Parties may agree.
The SME contact points shall meet as necessary and shall carry out their work through appropriate communication channels which may include electronic mail, videoconferencing or other means.
The SME contact points may, jointly or individually, seek to cooperate with experts and external organisations, as appropriate, in carrying out their functions.
A Party may, through its SME contact point, suggest additional information that the other Party may include on its website so that it is maintained in conformity with Article 19.2 (Information sharing).
Non-application of dispute settlement Chapter 24 (Dispute settlement) does not apply to this Chapter.
Chapter 20. GOOD REGULATORY PRACTICES
Article ARTICLE 20.1
General principles
Each Party shall be free to determine its approach to good regulatory practices under this Agreement in a manner consistent with its own legal framework, practice and fundamental principles underlying its regulatory system.
Nothing in this Chapter shall be construed as to require a Party to:
deviate from its domestic procedures for preparing and adopting regulatory measures;
take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or
achieve any particular regulatory outcome.
Nothing in this Chapter shall be construed as to prevent a Party from implementing regulatory measures in urgent or unforeseen circumstances.
Scope
This Chapter applies to regulatory measures made by regulatory authorities in respect of any matter covered by this Agreement.
This Chapter does not apply to regulatory authorities and regulatory measures, practices or approaches of:
for the Union, the Member States; and
for Australia, the States and Territories of Australia.
Definitions
For the purposes of this Chapter, the following definitions apply:
"regulatory authority" means:
for the Union, the European Commission; and
for Australia, departments and agencies of the Commonwealth government1;
"regulatory measures" means:
for the Union:
regulations and directives, as provided in Article 288 TFEU;
implementing and delegated acts, as provided in Articles 290 and 291 TFEU, respectively; and