Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days after the date of the hearing. The other Party shall have an opportunity to provide comments in writing on such a submission.
Questions in writing
The panel may at any time during the proceedings submit questions in writing to one or both Parties.
A Party shall have an opportunity to provide comments in writing on the other Party’s responses.
Confidentiality
Each Party and the panel shall treat as confidential any information submitted by the other Party to the panel that the other Party has designated as confidential. When a Party submits to the panel a written submission containing confidential information, it shall also provide, within 15 days, a non-confidential version of the submission which shall be disclosed to the public.
Nothing in this Annex (Rules of procedure) shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.
The panel shall meet in closed session when the submission and arguments of a Party include confidential information. The Parties shall maintain the confidentiality of the panel hearings when the hearings are held in closed session.
Ex parte contacts
The panel shall not meet or communicate with a Party in the absence of the other Party.
A panellist shall not discuss any aspect of the matters under consideration by the panel with one Party or both Parties in the absence of the other panellists.
Amicus curiae submissions
Unless the Parties agree otherwise within five days after the date of the establishment of the panel, the panel may receive unsolicited written submissions from a natural person of a Party or a legal person established in the territory of a Party who is independent from the governments of the Parties, provided that they:
are received by the panel within 10 days after the date of the establishment of the panel;
are concise and in no case longer than 15 pages, including any annexes, typed at double space;
are directly relevant to a factual or a legal issue under consideration by the panel;
contain a description of the person making the submission including, in the case of a natural person, their nationality, and in the case of a legal person, its place of establishment, the nature of its activities, its legal status, general objectives and its source of financing;
specify the nature of the interest that the person has in the proceedings; and
are drafted in the languages chosen by the Parties in accordance with Rule 45 and Rule 46 of this Annex.
The submissions shall be delivered to the Parties for their comments. The Parties may submit to the panel comments within 10 days after the date of delivery of the submissions.
The panel shall list in its report all the submissions it has received pursuant to Rule 41. The panel shall not be obliged to address in its report the arguments made in such submissions, however, if it does, it shall also take into account any comments made by the Parties pursuant to Rule 42.
Urgent cases
In cases of urgency referred to in Article 24.11 (Decision on urgency), the panel, after consulting the Parties, shall adjust, as appropriate, the time periods referred to in this Annex. The panel shall notify the Parties of those adjustments.
Translation and interpretation
During the consultations referred to in Article 24.4 (Consultations), and no later than the meeting referred to in Rule 11A, the Parties shall endeavour to agree on a common working language for the proceedings.
If the Parties are unable to agree on a common working language, each Party shall make its written submissions in its chosen language. Each Party shall provide at the same time a translation in the language chosen by the other Party, unless its submissions are written in one of the working languages of the WTO. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.
Panel reports and decisions shall be issued in the language or languages chosen by the Parties. If the Parties have not agreed on a common working language, the interim and final report of the panel shall be issued in one of the working languages of the WTO.
Either Party may provide comments on the accuracy of the translation of any translated version of a document drawn up in accordance with this Annex, which shall be taken into account in finalising the translation if appropriate.
Each Party shall bear the costs of the translation of its written submissions. Any costs incurred for translation of a ruling shall be borne equally by the Parties.
Other procedures
In respect of proceedings under Article 24.15 (Reasonable period of time), Article 24.16 (Compliance review), Article 24.17 (Temporary remedies) and Article 24.18 (Review of any measure taken to comply after the adoption of temporary remedies), the panel shall determine a timetable of the proceedings, after consulting the Parties, which shall include time periods for the Parties to submit written submissions to the panel.
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 24-B
CODE OF CONDUCT
FOR PANELLISTS AND MEDIATORS
Governing principles
In order to preserve the integrity and impartiality of the dispute settlement mechanism, each candidate and panellist shall:
get acquainted with this Annex;
be independent and impartial;
avoid direct or indirect conflicts of interests;
avoid impropriety and the appearance of impropriety or bias;
(f) observe high standards of conduct; and
not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism.
A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of their duties.
A panellist shall not use their position on the panel to advance any personal or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence him or her.
A panellist shall not allow past or existing financial, business, professional, personal, or social relationships or responsibilities to influence their conduct or judgement.
A panellist shall avoid entering into any relationship or acquiring any financial interest that is likely to affect their impartiality or that might reasonably create an appearance of impropriety or bias.
Disclosure obligations
Prior to the acceptance of their appointment as a panellist under Article 24.6 (Establishment of a panel), a candidate requested to serve as a panellist shall disclose any interest, relationship or matter that is likely to affect the panellist’s independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceedings. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters, including financial interests, professional interests, or employment or family interests.
The disclosure obligation under paragraph 6 is a continuing duty which requires a panellist to disclose any such interests, relationships or matters that may arise during any stage of the proceedings.
A candidate or a panellist shall communicate to the Trade Committee for consideration by the Parties any matters concerning actual or potential violations of this Annex, including by other candidates or panellists, at the earliest time he or she becomes aware of them.
Duties of panellists
On acceptance of their appointment, a panellist shall be available to perform and shall perform their duties thoroughly and expeditiously throughout the proceedings, and with fairness and diligence.
A panellist shall consider only the issues raised in the proceedings and necessary for a decision and shall not delegate this duty to any other person.
A panellist shall take all appropriate steps to ensure that their assistants and administrative staff are aware of, and comply with, the obligations incurred by panellists under Parts I, II, III and V of this Annex.
Obligations of former panellists
Each former panellist shall avoid actions that may create the appearance that he or she was biased in carrying out the duties or derived advantage from the decision of the panel.
Each former panellist shall comply with the obligations in Part V of this Annex.
Confidentiality
A panellist shall not, at any time, disclose any non-public information concerning the proceedings or acquired during the proceedings for which he or she has been appointed. A panellist shall not, in any case, disclose or use such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
A panellist shall not disclose a decision of the panel or parts thereof prior to its publication in accordance with Chapter 24 (Dispute settlement).
A panellist shall not, at any time, disclose the deliberations of a panel, or any panellist's view, nor make any statements on the proceedings for which he or she has been appointed or on the issues in dispute in the proceedings.
Mediators
This Annex shall apply to mediators, mutatis mutandis.
Chapter 25. FINAL PROVISIONS
Article ARTICLE 25.1
Amendments
The Parties may agree, in writing, to amend this Agreement.
Amendments shall enter into force on the first day of the second month, or on such later date as otherwise agreed by the Parties, following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of such amendments.
The Trade Committee may adopt decisions to amend this Agreement as provided for in Article 22.3 (Amendments by the Trade Committee). The decision of the Trade Committee shall either specify the date of entry into force of the amendments or, where required by a Party’s internal system, provide that such amendments enter into force after the notification in writing of the completion of any outstanding applicable legal requirements and procedures of the Parties.
Entry into force
This Agreement shall enter into force on the first day of the second month following the date
on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement. The Parties may agree on another date of entry into force of this Agreement.
The notifications referred to in paragraph 1 shall be sent to, for the Union, the General Secretariat of the Council of the European Union and, for Australia, to the Department of Foreign Affairs and Trade or its successor.
Termination
This Agreement shall remain in force unless terminated pursuant to paragraph 2.
A Party may notify the other Party of its intention to terminate this Agreement. This notification shall be sent to, for the Union, the General Secretariat of the Council of the European Union and, for Australia, to the Department of Foreign Affairs and Trade or its successor. The termination shall take effect six months after the receipt of the notification, unless the Parties agree otherwise.
Fulfilment of obligations
Each Party is fully responsible for the observance of all provisions of this Agreement.
Each Party shall ensure that all necessary measures are taken to give effect to the provisions of this Agreement, including their observance at all levels of government as well as by persons exercising delegated governmental authority. Each Party shall perform the obligations set out in this Agreement in good faith.
Relation to the Framework Agreement and the Paris Agreement
This Agreement qualifies as a specific agreement referred to in Article 55(1) of the Framework Agreement.
A Party may take appropriate measures, as referred to in Article 57(4) of the Framework Agreement, relating to this Agreement in the event of:
a case of special urgency as defined in Article 57(7) of the Framework Agreement; or
an act or omission of the other Party that materially defeats the object and purpose of the Paris Agreement.
Such appropriate measures referred to in paragraph 2 shall be taken in accordance with the procedures and subject to the conditions set out in Article 57(3) to (7) of the Framework Agreement.
Persons exercising delegated governmental authority
Unless otherwise provided for in this Agreement, each Party shall ensure that any person, including a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly, that has been delegated regulatory, administrative or other governmental authority by a Party at any level of government, acts in accordance with that Party’s obligations under this Agreement in the exercise of that authority.
No direct effect
Nothing in this Agreement shall be construed as conferring rights or imposing obligations on
persons, other than the rights or obligations created between the Parties under public international law, nor as permitting this Agreement to be directly invoked in a Party’s domestic legal system.
A Party shall not provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Relation to other international agreements
Unless otherwise provided for in this Agreement, agreements between the Member States, the European Community or the Union, of the one part, and Australia, of the other part, existing on the date of entry into force of this Agreement are not superseded or terminated by this Agreement.
This Agreement shall be an integral part of the overall bilateral relations as governed by the Framework Agreement and shall form part of the common institutional framework.
The Parties affirm their rights and obligations with respect to each other under the WTO Agreement. Nothing in this Agreement shall be construed as requiring a Party to act in a manner inconsistent with its obligations under the WTO Agreement.
In the event of any inconsistency between this Agreement and any agreement other than the WTO Agreement to which both Parties are a party, the Parties shall, on request of a Party, promptly consult with each other with a view to finding a mutually satisfactory solution.
References to laws, regulations and other international agreements
Unless otherwise provided for in this Agreement, any reference in this Agreement to the laws or regulations of a Party shall be understood to include amendments thereto.
Unless otherwise provided for in this Agreement, where international agreements are referred to in, or incorporated into, this Agreement, in whole or in part, such agreements shall be understood to include any amendments thereto, or their successor agreements, that enter into force for both Parties on or after the date of signature of this Agreement. If any matter arises regarding the implementation or application of this Agreement as a result of such amendments or successor agreements, the Parties may, on request of a Party, consult with each other with a view to finding a mutually satisfactory solution to this matter as necessary.
Article Article 25.10
Future accessions to the Union
The Union shall notify Australia of:
any application to become a Member of the Union by a third country that is submitted after the date of entry into force of this Agreement; and
the signature of a Treaty concerning the accession of a third country to the Union.
Prior to accession, the Trade Committee shall examine any effects of the accession of a third country to the Union on this Agreement. The Trade Committee may decide on any necessary amendments to this Agreement or transitional measures. The Trade Committee shall endeavour to adopt such decision prior to the date of accession of that third country to the Union.
For greater certainty, this Agreement shall apply in respect of the third country referred to in point (b) of paragraph 1 from the date of the accession of that third country to the Union.
Integral parts of this Agreement
The Annexes, Appendices, Declarations, Joint Declarations, Protocols, footnotes and Understandings to this Agreement constitute integral parts thereof.
Authentic texts
This Agreement is drawn in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic.