1 For greater certainity, this does not include courts or tribunals.
for Australia, Acts and legislative instruments made under an Act of the Commonwealth Parliament.
Internal coordination of regulatory development
Each Party shall maintain internal coordination or review processes or mechanisms with respect to regulatory measures that its regulatory authorities are preparing. Such processes or mechanisms should seek, inter alia, to:
foster good regulatory practices, including those provided for in this Chapter;
identify and avoid unnecessary duplication and inconsistent requirements in the Party’s
regulatory measures;
ensure compliance with the Party’s international trade and investment obligations; and
promote consideration of the impacts of the regulatory measures under preparation, including those on SMEs.
Regulatory processes and mechanisms
Each Party shall establish, maintain and make publicly available the processes and mechanisms used by its regulatory authority to prepare, evaluate or review major2 regulatory measures.
Descriptions of these processes and mechanisms may refer to relevant guidelines, rules or procedures, including those regarding opportunities for the public to provide comments.
2 The regulatory authority of each Party may determine what constitutes a "major" regulatory measure for that Party for the purposes of this Chapter.
Early information on planned regulatory measures
Each Party shall endeavour to publish, where possible on an annual basis, information about proposed major regulatory measures.
With respect to the major regulatory measures referred to in paragraph 1, each Party should make publicly available, at an early appropriate stage:
a brief description of its scope and objectives;
any opportunities for public consultations; and
if appropriate, the estimated timing for its adoption.
Public consultations
When preparing an impact assessment for a major regulatory measure, the regulatory authority of a Party shall, in accordance with its respective rules and procedures:
publish either the draft regulatory measure or consultation documents providing sufficient details about the regulatory measure under preparation;
offer, on a non-discriminatory basis, reasonable opportunities for any person3 to provide comments4; and
3 For greater certainty, this point does not prevent a regulatory authority from undertaking targeted consultations with interested parties in accordance with its rules and procedures.
4 For greater certainty, this paragraph should be implemented consistently with each Party’s obligations under other international agreements, such as the Framework Convention on Tobacco Control done at Geneva on 21 May 2003.
consider any comments received.
The regulatory authority of each Party should make use of electronic means of
communication and seek to maintain official websites for the purposes of providing information and receiving comments related to public consultations.
When preparing a major regulatory measure, each Party shall endeavour to make publicly available a summary of, or the results of, the consultations and any comments received, except to the extent necessary to protect confidential information or personal data or to withhold
inappropriate content.
Impact assessment
The regulatory authority of each Party affirms its intention to carry out, in accordance with its respective rules and procedures, an impact assessment of any major regulatory measures it is preparing.
When carrying out an impact assessment, the regulatory authority of each Party shall consider:
the need for the major regulatory measure, including the nature and the significance of the problem the measure intends to address;
feasible and appropriate regulatory and non-regulatory alternatives, including the option of not regulating, that would achieve the Party's public policy objective;
to the extent possible and relevant, the potential social, economic and environmental impact of those regulatory and non-regulatory alternatives, including on international trade and investment, and on SMEs; and
how those regulatory and non-regulatory alternatives under consideration relate to relevant international standards, if any, including the reason for any divergence, where appropriate.
With respect to any impact assessment that a regulatory authority has conducted for a major regulatory measure, the regulatory authority shall prepare a final report detailing the factors it considered in its assessment and the relevant findings. Such reports shall be made publicly available no later than when the measure is made publicly available.
Retrospective evaluation
Each Party shall maintain processes or mechanisms to promote periodic retrospective evaluations of its major regulatory measures in effect.
When conducting a periodic retrospective evaluation, the regulatory authority of a Party shall consider whether there are opportunities to more effectively achieve public policy objectives and to reduce unnecessary regulatory burdens, including on SMEs.
Each Party shall make publicly available its plans for, and the results of, such retrospective evaluations.
Regulatory register
Each Party shall ensure that its regulatory measures in effect are published in a designated register that is publicly available on a single freely accessible website. The website should allow searches for regulatory measures by citations or by word. Each Party shall periodically update its register.
Exchange of information on good regulatory practices
The Parties shall endeavour to exchange information on the regulatory practices set out in this Chapter.
Dispute settlement Chapter 24 (Dispute settlement) does not apply to this Chapter.
Chapter 21. TRANSPARENCY
Article ARTICLE 21.1
Objectives
Recognising the impact that their respective regulatory environment may have on trade and investment between them, the Parties aim to provide efficient procedures and a predictable regulatory environment.
The Parties affirm their transparency commitments under the WTO Agreement and build on those commitments in this Chapter.
Definitions
For the purposes of this Chapter, the following definitions apply:
"administrative decision" means a decision or action of an administrative character with legal effect that applies to a specific person, good or service in an individual case and covers the failure to take an administrative decision when required by a Party's law;
"administrative ruling of general application" means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:
a determination or ruling made in an administrative or arbitral proceeding that applies to a specific person, good or service of the other Party in an individual case; or
a ruling that adjudicates with respect to a particular act or practice.
Publication
Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published via an official medium and, where feasible, by electronic means, or otherwise made available in such a manner as to enable any person to become acquainted with them.
To the extent possible, each Party shall make publicly available the objective of, and rationale for, its laws, regulations, procedures and administrative rulings of general application referred to in paragraph 1.
Each Party shall endeavour to provide for sufficient time between publication and entry into force of its laws and regulations with respect to any matter covered by this Agreement, except where that is not possible for reasons of urgency. This paragraph does not apply to administrative rulings of general application.
Enquiries and provision of information
Each Party shall establish or maintain appropriate mechanisms for responding to enquiries
from any person regarding its laws or regulations with respect to any matter covered by this Agreement.
On request of a Party, the other Party shall promptly provide information and respond to questions pertaining to its laws or regulations, whether in force or in preparation, with respect to any matter covered by this Agreement, unless a specific mechanism is established under another Chapter of this Agreement.
Administrative proceedings
Each Party shall administer its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement in an objective, consistent, impartial and reasonable manner.
In its administrative proceedings that apply laws, regulations, procedures or administrative rulings of general application to a person, good or service of the other Party, each Party shall:
wherever possible, when an administrative proceeding is initiated, provide a person of the other Party that is directly affected by that proceeding with reasonable notice, in accordance with its law, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in question;
provide a person that is directly affected by an administrative proceeding with a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative decision where permitted by time, the nature of the proceeding and the public interest; and
ensure that administrative proceedings are conducted in accordance with its law.
Review and appeal1
Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, correction of a final administrative decision with respect to any matter covered by this Agreement. Each Party shall ensure that its procedures for appeal or review are carried out in a non-discriminatory manner. Such tribunals shall be impartial and independent of the authority entrusted with administrative enforcement powers.
With respect to the tribunals or procedures referred to in paragraph 1, each Party shall ensure that the parties before those tribunals or to those procedures are provided with:
a reasonable opportunity to support or defend their respective positions; and
a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the relevant authority.
Each Party shall ensure that the decision referred to in point (b) of paragraph 2, subject to appeal or further review as provided for in its law, is implemented by the authority entrusted with administrative enforcement powers.
Relation to other Chapters
The specific transparency rules in other Chapters supplement the provisions set out in this Chapter.
1 For greater certainty, for Australia, "review" includes merits (de novo) review only if provided for under its law.
Chapter 22. INSTITUTIONAL PROVISIONS
Article ARTICLE 22.1
Trade Committee
The Parties hereby establish a Trade Committee comprising representatives of both Parties.
Unless otherwise agreed by the representatives of the Parties, the Trade Committee shall meet annually for three years and thereafter every two years. The first meeting of the Trade Committee shall be held no later than six months after the date of entry into force of this Agreement. In addition, if a Party considers a matter particularly urgent, the Trade Committee shall meet without undue delay at the request of that Party in relation to that matter.
The meetings of the Trade Committee shall take place in the Union or Australia alternately, unless otherwise agreed by the representatives of the Parties. The Trade Committee may meet in person or by other appropriate means of communication, as agreed by the representatives of the Parties.
The Trade Committee shall be co-chaired by the Minister for Trade of Australia and the Member of the European Commission responsible for Trade, or their respective designees.
The Trade Committee shall undertake its work in accordance with Annex 21-A (Rules of procedure of the Trade Committee).
Functions of the Trade Committee
The Trade Committee shall:
supervise and facilitate the implementation and operation of this Agreement, and further its general aims;
supervise, guide and coordinate the work of all specialised committees and other bodies established under or pursuant to this Agreement, and recommend any necessary action to those specialised committees and bodies;
without prejudice to Chapter 24 (Dispute settlement), seek appropriate ways and methods of preventing or solving problems that may arise in areas covered by this Agreement, or of resolving differences that may arise regarding the interpretation or application of this Agreement;
examine the effects of the accession of a third country to the Union on this Agreement;
consider ways to further enhance trade and investment relations between the Parties; and
consider any other matter of interest relating to this Agreement to ensure it operates properly and effectively.
The Trade Committee may:
adopt decisions to establish or dissolve specialised committees, other than those established pursuant to Article 22.5 (Specialised committees), or other bodies, and determine their composition, functions and tasks;
allocate responsibilities to specialised committees or other bodies established under or pursuant to this Agreement;
recommend any amendments to this Agreement to the Parties;
adopt decisions to amend this Agreement as provided for in Article 22.3 (Amendments by the Trade Committee);
adopt decisions to issue interpretations of the provisions of this Agreement;1
adopt decisions as provided for in, or make recommendations in respect of all matters covered by, this Agreement in accordance with Article 22.4 (Decisions and recommendations);
communicate with interested parties, including the private sector, social partners and civil society organisations, on matters related to this Agreement; and
take any other action in the exercise of its functions as the representatives of the Parties may agree.
The Trade Committee shall, at the regular meetings of the Joint Committee established under the Framework Agreement, inform the Joint Committee of its activities and those of the specialised committees or other bodies, as appropriate.
Amendments by the Trade Committee
The Trade Committee may adopt decisions to amend:
Annex 2-A (Tariff elimination schedules);
Chapter 3 (Rules of Origin and Origin Procedures) and Annex 3-a (Introductory Notes to Product-specific Rules of Origin), Annex 3-B (Product-specific Rules of Origin), Annex 3-C
1 For greater certainty, an interpretation issued by the Trade Committee shall be binding on the Parties, bodies established under this Agreement, and panels referred to in Chapter 25 (Dispute Settlement).
(Origin quotas and alternatives to the product-specific rules of origin in Annex 3-B), Annex 3-D (Text of the statement on origin), Annex 3-E (Joint declaration concerning the Principality of Andorra) and Annex 3-F (Joint declaration concerning the Republic of San Marino);
Annex 6-A (Competent authorities), Annex 6-B (Trade conditions and approval procedures), Annex 6-C (Recognition of sanitary and phytosanitary measures), Annex 6-D (Certification) and Annex 6-E (Import checks and fees);
Annex 8-A (Conformity Assessment);
Annex 13 (Government procurement);
Annex 17 (Intellectual property);
Annex 22 (Rules of Procedure of the Trade Committee);
Annex 24-A (Rules of procedure for dispute settlement) ; and
Annex 24-B (Code of conduct for panellists and mediators).
The Trade Committee may also adopt decisions to amend this Agreement:
in the case referred to in Article 25.10 (Future accessions to the Union); and
except this Chapter, within four years after the date of entry into force of this Agreement, provided that such amendments are necessary to correct errors or to address omissions or other deficiencies.
Decisions and recommendations
Decisions adopted by the Trade Committee or by a specialised committee shall be binding on the Parties. The Parties shall take such measures as necessary to implement the decisions adopted
by the Trade Committee or a specialised committee.
Recommendations shall have no binding force.
The Trade Committee or a specialised committee shall adopt its decisions and make its recommendations by consensus.
Specialised committees
The following specialised committees are hereby established:
the Committee on Trade in Goods and Technical Barriers to Trade, which is responsible for all matters covered by Chapter 2 (Trade in goods), Chapter 5 (Trade remedies), Chapter 7 (Sustainable agriculture and food systems), Chapter 8 (Technical barriers to trade) and Chapter 12 (Energy and resources);
the Committee on Customs, which is responsible for all matters covered by Chapter 3 (Rules of origin and origin procedures), Chapter 4 (Customs and trade facilitation), the Protocol concerning mutual administrative assistance in customs matters, the provisions on border enforcement and customs cooperation in Chapter 17(Intellectual property) and any additional customs-related provisions of this Agreement;
the Committee on Sanitary and Phytosanitary Measures, which is responsible for all matters covered by Chapter 6 (Sanitary and phytosanitary measures);
the Committee on Investment, Services, Digital Trade, Government Procurement and Intellectual Property Rights, including Geographical Indications which is responsible for all matters covered by Chapter 9 (Investment liberalisation and trade in services), Chapter 10 (Capital movements, payments and transfers), Chapter 11 (Digital trade), Chapter 13 (Government procurement) and Chapter 17 (Intellectual property); and
the Committee on Trade and Sustainable Development, which is responsible for all matters covered by Chapter 18 (Trade and sustainable development).
The specialised committees shall comprise representatives of each Party and shall be co-chaired by such representatives at an appropriate level.
Unless otherwise provided in this Agreement or agreed by the representatives of the Parties, the specialised committees shall meet annually for the first three years after the date of entry into force of this Agreement, and thereafter every two years. In addition, if a Party or the Trade Committee considers a matter particularly urgent, the relevant specialised committee shall meet without undue delay at the request of that Party or the Trade Committee in relation to that matter.
The meetings of the specialised committees shall take place in the Union or Australia alternately, unless otherwise agreed by the Parties. The specialised committees may meet in person or by any other appropriate means of communication, as agreed by the Parties. The specialised committees shall agree on the schedule and set the agenda for their meetings, and shall inform the Trade Committee of the schedule and agenda sufficiently in advance. The specialised committees shall report to the Trade Committee on the results and conclusions from each of their meetings.
Each specialised committee may decide its own rules of procedures, in the absence of which Annex 22 (Rules of procedure of the Trade Committee) shall apply, mutatis mutandis.
The creation or existence of a specialised committee shall not prevent a Party from bringing any matter directly to the Trade Committee.
Each Party shall ensure that, when a specialised committee meets, all the competent authorities for each issue on the agenda are represented, as each Party deems appropriate, and that each issue can be discussed at the adequate level of expertise.
Functions of the specialised committees
With respect to the matters for which they are responsible as referred to in Article 22.5(1) (Specialised committees), the specialised committees shall:
monitor and review the implementation and operation of this Agreement;
without prejudice to Chapter 24 (Dispute settlement), consider any issues arising from the implementation of this Agreement;
conduct the preparatory work necessary to support the functions of the Trade Committee, including when the Trade Committee adopts decisions;