5. "Maritime agency services" means activities consisting in 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; and
– acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
6. "Freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
11. AIR TRANSPORT SERVICES
ARGENTINA
d. Maintenance and repair of aircraft (CPC 8868)
1) None.
2) None.
3) None.
4) In addition to the horizontal commitments, in order to work professionally in Argentina, Aeronautic Engineers and Technicians are required to revalidate their degrees and licences and they shall register with the Professional Council of Aeronautic and Space Engineering.
1) None.
2) None.
3) None.
4) In addition to the horizontal commitments, in order to work professionally in Argentina, Aeronautic Engineers and Technicians are required to revalidate their degrees and licences and they shall register with the Professional Council of Aeronautic and Space Engineering.
e. Supporting Services for Air Transport (CPC 746)
Sale and commercialisation of air transport services
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
Computerised reservation systems services
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
BRAZIL
E. Rail Transport Services
Freight transportation (CPC 71121, CPC 71123, CPC 71129)
1) Unbound.
2) Unbound.
3) Governmental authorisation required. The granting of new authorisations is discretionary. The number of service suppliers may be limited.
1) Unbound.
2) Unbound.
3) None.
4) Unbound except as indicated under the section on horizontal commitments.
4) Unbound, except as indicated under the section on horizontal commitments.
F. Road Transport Services
Freight transportation (CPC 71231, CPC 71233, CPC 71234)
(Specific commitments include limitations arising from bilateral road transport agreements which Brazil is party to)
1) Unbound.
2) Unbound.
3) Foreign participation is limited to 1/5 (one-fifth) of the voting shares of Brazilian companies engaged in this activity.
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
4) Unbound, except as indicated under the section on horizontal commitments.
G. Pipeline Transport
Transportation of other goods (CPC 7139 excluding hydrocarbon products)
H. Services auxiliary to all modes of transport
(a) Cargo-handling services (CPC 741)
(b) Storage and warehouse services (CPC 742)
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
Appendix 18-E-1
PARAGUAY – ADDITIONAL COMMITMENTSFOR FINANCIAL SERVICES
EFFECTIVE AND TRANSPARENT REGULATIONIN THE FINANCIAL SERVICES SECTOR
1. Each Party shall publish promptly or, except in emergency situations, at the latest by the time of their entry into force, all relevant measures of general application which pertain to or affect this Annex. Such measures shall be provided:
(a) by means of an official publication; or
(b) in another written or electronic form.
2. Each Party's appropriate financial authority shall make available to interested persons its requirements for completing applications relating to the supply of financial services.
3. On the request of an applicant, the appropriate financial authority shall inform the applicant of the status of its application. If such authority requires additional information from the applicant, it shall notify the applicant without undue delay.
4. Each Party shall make its best endeavours to ensure that internationally agreed standards for regulation and supervision in the financial services sector are implemented and applied in its territory. Such internationally agreed standards are, among others, the Core Principles for Effective Banking Supervision of the Basel Committee Banking Supervision, the Insurance Core Principles of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the International Organisation of Securities Commission and the 40 recommendations of the Financial Action Task Force on Money Laundering.
MUTUAL RECOGNITION OF PRUDENTIAL MEASURES
1. A Party may recognise prudential measures of the other Party in determining how the Party's measures relating to financial services shall be applied. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement or may be accorded autonomously.
2. A Party that is a party to an agreement or arrangement with a third party as referred to in paragraph 1 whether future or existing, shall grant adequate opportunity for the other Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with it, in circumstances in which there would be equivalent regulation, implementation of such regulation, oversight and, if appropriate, procedures concerning the sharing of information between the parties to the agreement or arrangement. If a Party accords recognition autonomously, it shall grant adequate opportunity for the other Party to demonstrate that such circumstances exist.
________________
(1) The related service activities are included in the list of specific commitments for services, including distribution and transportation.(2) The related service activities are included in the list of specific commitments for services, including distribution and transportation.(3) The related service activities are included in the list of specific commitments for services, including distribution and transportation.(4) Services provided in Paraguay will require a licence granted by the Paraguayan State through a transparent non-discriminatory procedure.(5)
"Offshore financial service supplier" means any financial service supplier, set up in accordance with the laws of a Member State of the Union or of a Signatory MERCOSUR State, which is owned or controlled by juridical persons which are non-residents of Brazil and whose activities are mostly related to such non-residents, and are generally on a scale out of proportion to the size of the economy of the host Member State. These institutions, could otherwise benefit from Part III of this Agreement in a way they would not if their services were supplied from the European Union: country of origin of the owner or controller. http://www.imf.org/external/pubs/ft/eds/Eng/Guide/file6.pdf
(6) The service suppliers that perform receptive tourism, which means travellers coming to Paraguay from abroad into Paraguay.(7) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national law, for the purposes of these commitments, cabotage does not include national cabotage transport, which is assumed to cover the transportation of passengers or goods between a port or point located in Argentina and another port or point located in Argentina, including on its continental shelf as provided in UNCLOS, and traffic originating and terminating in the same port or point located in Argentina.(8) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national law, for the purposes of these commitments, cabotage does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in Brazil and another port or point located in Brazil, including on its continental shelf as provided in UNCLOS, and traffic originating and terminating in the same port or point located in Brazil.(9) The constitution of a Brazilian shipping company (EBN) requires, among other things, the ownership of at least one vessel and adequate capital resources for the carrying out of this activity. To fly the Brazilian flag, vessels must be resigistered at the National Registry or at the Special National Registry (REB).(10) This list does not include "maritime cabotage transport services", which are assumed to cover transportation of passengers or goods between a port located in Uruguay and another port located in Uruguay and traffic originating and terminating in the same port located in Uruguay, provided that this traffic remains within the territorial waters of Uruguay.(11) International Maritime Freight Transport includes feeder services: transportation exclusively between a port located in Uruguay and a port located in another Member State of the Union.(12)* A commitment on this mode of delivery is not feasible.(13)** Public utility concession or licensing procedures may apply in case of occupation of the public domain.
ANNEX 26-A.
PREAMBLE
THE PARTIES,
SHARING the view that this Agreement is being signed amidst an unprecedented combination of crises and challenges;
NOTING that:
(a) it is imperative to take urgent action to tackle environmental challenges and crises, including those of climate change, biodiversity loss and pollution, as clearly indicated by the most recent scientific evidence, and which are further exacerbated by persistent levels of poverty, including extreme poverty, food insecurity and inequality;
(b) the COVID-19 pandemic revealed in its wake multiple vulnerabilities in our societies, among which is concern about the resilience of supply chains, not least in national health systems;
(c) geopolitical tensions have led to an increased overlap of economic relations and resilience, bringing about disruptions in international trade flows;
(d) ensuring decent living standards becomes an even more difficult challenge as food supply chains are subject to disruptions and ecosystems are affected by the adverse effects of climate change; and
(e) successive years of cascading challenges and crises have reversed gains in the 2030 Agenda and its Sustainable Development Goals;
UNDERLINING that against this backdrop, it is critical to ensure the operation of an open, transparent and rules-based international trade;
STRESSING the imperative of urgently accelerating our actions to achieve the Sustainable Development Goals, to tackle climate change, and to obtain the means to do so;
FIRMLY BELIEVING that this Agreement brings together two regions which offer critical contributions to address the aforementioned challenges;
HIGHLIGHTING that:
(a) they share values that are called for in addressing the challenges posed by the current global context, such as:
(i) the recognition of the importance of inclusiveness in delivering solutions that work for all, especially workers, local and traditional communities, smallholding farmers, and in empowering women;
(ii) the embrace of multilateralism and the rejection of unnecessary barriers to trade;
(iii) the respect for international law; and
(iv) the protection and conservation of the environment;
(b) they play pivotal roles in the structure of global supply chains across different sectors and technological levels, including in food production;
(c) they are champions of sustainable development in its social, economic and environmental dimensions, which are integrated, indivisible, interdependent and mutually reinforcing, recognising the wide diversity of production systems, as there is not a one-size-fits-all development model;
(d) they acknowledge that eradicating poverty in all its forms and dimensions, including extreme poverty, is the greatest global challenge and an indispensable requirement for sustainable development;
(e) they recognise the importance of scaling up efforts to protect, conserve, sustainably use, and sustainably manage and restore all ecosystems, in line with their national capacities and circumstances, and that they also acknowledge the importance of increasing the mobilization of resources to support these efforts;
(f) they also acknowledge the essential role of cooperation at multilateral level to effectively address common environmental and sustainable development challenges and commit to reinforcing cooperation on international trade and investment to avoid unnecessary disruptions and to achieve the Sustainable Development Goals, and that they further recall that the 2030 Agenda and the Sustainable Development Goals and targets, including the means of implementation, are universal, indivisible and interlinked; and
(g) regarding climate change, in particular:
(i) they reaffirm, mindful of their leadership role, their steadfast commitments, in pursuit of the objective of the UNFCCC, to tackle climate change by strengthening the full and effective implementation of the Paris Agreement and achieving its purpose and long-term goals, including its temperature goal, its goal on increasing the ability to adapt to the adverse impacts of climate change and its goal of making financial flows consistent with the previous two, reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in light of different national circumstances; that they aim to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty; and that they also recognise that the impacts of climate change are being experienced worldwide, particularly by the poorest and the most vulnerable; and
(ii) they recognise the fundamental priority of safeguarding food security and ending hunger, and the particular vulnerabilities of food production systems to the adverse impacts of climate change;
AGREEING that to address the crises and challenges mentioned above, a rules-based, non-discriminatory, fair, open, inclusive, equitable, and transparent multilateral trading system, with the WTO at its core, and in accordance with the objective of sustainable development, is indispensable;
RENEWING their commitment to ensure a level playing-field and fair competition by discouraging protectionism and market-distorting practices, to foster a favourable trade and investment environment for all;
REITERATING their commitment to fully respect WTO rules and to avoid unjustified or arbitrary discrimination or a disguised restriction on international trade;
CONCURRING that the aforementioned challenges usher in a new context for the formulation of public policies to build a better future;
RECALLING Article 26.1(5) of this Agreement, and RECOGNISING the differences in their levels of development, agreeing that this Annex embodies a cooperative approach based on common values and interests;
DETERMINED to work together so that their trade relationship enhances sustainable development;
RECALLING the importance of trade for raising standards of living and promoting job growth, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development;
SEEKING both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development;
UNDERLINING the need to account for the specific challenges of landlocked developing countries to ensure market access and benefits under this Agreement;
IN LIGHT of the aforementioned challenges,
AGREE on this Annex.
Part A. TRADE AND SUSTAINABLE DEVELOPMENT
A.1. General provisions
1. The Parties reaffirm the commitments adopted under Chapter 26. They are of the view that they are uniquely placed to lead by example in the integration of trade and sustainable development and that this should be pursued in a collaborative manner.
2. While recognising the right of each Party to determine its sustainable development policies and priorities, which should be consistent with each Party´s commitments under the international agreements it is a party to, each Party shall strive to improve its relevant laws, regulations and policies so as to ensure high and effective levels of environmental and labour protection, in accordance with Article 26.2(2). This is in line with the overall objective expressed in Article 26.1 to implement this Agreement in a manner that contributes to sustainable development. In addition, the Parties recall their agreement in Article 26.2(3) that a Party should not weaken the levels of protection afforded in its environmental or labour laws and regulations with the intention of encouraging trade or investment. The Parties recall that, under Article 26.2(5), they agree that a Party shall not fail, through a sustained or recurring course of action or inaction, to effectively enforce its environmental or labour laws and regulations in order to encourage trade or investment. In this regard, the Parties acknowledge the importance of the provision of appropriate available means to perform such enforcement. Moreover, pursuant to Article 26.2(6), a Party shall not apply its environmental and labour laws and regulations in a manner that would constitute a disguised restriction on trade or an unjustifiable or arbitrary discrimination.
3. The Parties recall that, pursuant to Principle 11 of the Rio Declaration on Environment and Development adopted by the United Nations Conference on Environment and Development in 1992 (hereinafter referred to as "Rio Declaration on Environment and Development of 1992"), environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply. Recalling Articles 26.1(1) and 26.1(5) of this Agreement, the Parties also recognise the differences in their levels of development and national circumstances, while pursuing the integration of sustainable development in the Parties' trade and investment relationship. They acknowledge that such differences include the challenges of landlocked developing countries.
4. The Parties acknowledge that sustainability measures affecting trade must be fully consistent with their obligations under the WTO Agreements. The Parties recall that, in accordance with the TBT Agreement, measures which amount to technical regulations restricting trade subject to that agreement should, inter alia, (i) be based on scientific and technical information; (ii) not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create; and (iii) be based on relevant international standards. The Parties also recall that sanitary and phytosanitary measures which are subject to the SPS Agreement should, in accordance with that agreement, inter alia, (i) be applied only to the extent necessary to protect human, animal or plant life or health; (ii) be based on scientific principles; (iii) be based on relevant international standards, guidelines or recommendations, except as otherwise provided for in the SPS Agreement; (iv) not be maintained without sufficient scientific evidence, except as otherwise provided for in the SPS Agreement; and (v) not be applied in a manner which would constitute a disguised restriction on international trade.
5. Pursuant to Article 2.7, the Parties highlight the key role of civil society organisations in the effective implementation of this Agreement, through the establishment of domestic advisory groups in accordance with each Party's domestic mechanisms and legislation, with a broad-based involvement of civil society actors.
6. The Parties share the understanding that promoting international trade in such a way as to contribute to the objective of sustainable development, as referred to in Article 26.1(3), entails actions under the following headings:
(a) multilateral regimes;
(b) bi-regional trade and investment relations;
(c) national and regional trade-related policies and measures; and
(d) women's economic empowerment.
7. Furthermore, the Parties agree that to ensure an effective implementation of their commitments under Chapter 26 of this Agreement and under this Annex, they will, on entry into force of this Agreement, engage in further discussions and put in place a series of actions and cooperation activities.
A.2. Multilateral regimes: collaborating to support multilateral rules for sustainable development
7. The Parties consider that this Agreement offers a privileged platform for consultation and cooperation on trade-related aspects of multilateral labour and environmental standards and objectives, as referred to in Articles 26.1(4)(a), 26.4(8), 26.5(5) and 26.6(3), in line with a cooperative approach, referred to in Article 26.1(5), that duly takes into account the Parties' different national realities, geographic constraints, capacities, needs and levels of development and which respects the Parties' national policies and priorities, referred to in Article 26.1(4)(c).
8. The Parties note the need to fully take into account the purpose, goals and principles enshrined in the Agenda 21 on Environment and Development, adopted at the UN Conference on Environment and Development, held in Rio de Janeiro, on 3 to 14 June 1992, and the Rio Declaration on Environment and Development of 1992, referred to in Article 26.1(2) of this Agreement. In addition, the Parties also reiterate the fundamental priority of safeguarding food security and ending hunger, and the particular vulnerabilities of food production systems to the adverse impacts of climate change, as highlighted in the Paris Agreement.
9. They recall that, pursuant to Principle 12 of the Rio Declaration on Environment and Development of 1992,
"trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus".
10. They further recall that, pursuant to Principle 2 of the Rio Declaration on Environment and Development of 1992, States have, in accordance with the UN Charter and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
11. In light of the foregoing, the Parties reaffirm their commitment to entrust the Subcommittee on trade and sustainable development, referred to in Article 26.14, (hereinafter referred to as “the TSD Subcommittee”) with the tasks of, among others, facilitating, discussing and monitoring the effective implementation of Chapter 26 and seeking to avoid trade obstacles in areas under its mandate, without prejudice to other mechanisms established under this Agreement. Consultation and cooperation in the TSD Subcommittee includes, but is not limited to, exchange of views on the implementation of the instruments and related processes listed below, as long as the Parties are parties to them:
(a) the 2030 Agenda and the Sustainable Development Goals;
(b) the UNFCCC and the Paris Agreement, established thereunder;
(c) the CBD, its Protocols, and the Kunming-Montreal Global Biodiversity Framework, adopted under the CBD in Montreal on 19 December 2022 (hereinafter referred to as "GBF");
(d) the Montreal Protocol on Substances That Deplete the Ozone Layer done at Montreal on 16 September 1987, and its Kigali Amendment done at Kigali on 15 October 2016;
(e) the United Nations Convention to Combat Desertification done at Paris on 17 June 1994;
(f) the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal done at Basel on 22 March 1989, the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade done at Rotterdam on 10 September 1998, the Stockholm Convention on persistent organic pollutants done at Stockholm on 22 May 2001, and the Minamata Convention on Mercury done at Kumamoto on 10 October 2013;
(g) the Convention on Migratory Species done at Bonn on 23 June 1979;