4. Upon completion of a review under paragraph 1, the Joint Commission may submit to the Parties proposals to amend this Agreement or modify Annexes to this
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Agreement or their Appendices pursuant to Article 6.2 (Functions of the Joint Commission).
Article 4.11. Annexes
The following Annexes, including their Appendices, form an integral part of this Chapter:
(a) Annex VII (List of Goods considered as Fossil Fuels); (b) Annex VIII (List of Energy Products considered as Fossil Fuels); (c) Annex IX (List of Prohibited Fossil Fuel Subsidies); and
(d) Annex X (Schedules of Commitments â Fossil Fuel Subsidies).
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Chapter 5. ECOLABELLING
Article 5.1.
Objective The objective of the Guidelines provided for in Article 5.4 (Guidelines for Voluntary Ecolabelling Programmes) is to inform the development and
implementation of high-quality and high-integrity voluntary ecolabelling programmes in order to promote more transparent and sustainable trade.
Article 5.2. Scope and Definitions
1. This Chapter applies to voluntary ecolabelling programmes and ecolabels developed under them, for goods or services.!®
2. For the purposes of this Chapter, âecolabelâ means a written or pictorial statement or claim attached to or provided with a good or service including by producers, traders, manufacturers, retailers or service providers relating to its environmental impact or aspects. An ecolabel may be:
(a) on a product;
(b) on a package label;
(c) in product documentation; or
(d) in a technical bulletin.
Article 5.3. General Principles
The Parties recognise that high-integrity and high-quality voluntary ecolabelling programmes can contribute to, inter alia:
(a) promoting good environmental performance throughout supply
chains by facilitating demand for, and supply of, sustainable goods and services;
16 For greater certainty, this Chapter does not apply to mandatory ecolabelling programmes and ecolabels developed under them.
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1.
(b)
(c)
enhancing the potential commercial benefits and competitive advantage of using environmental performance in marketing; and
empowering consumers, businesses and other stakeholders to make more sustainable choices through the provision of reliable information about aspects of the environmental performance of goods and services.
Article 5.4. Guidelines for Voluntary Ecolabelling ProgrammesThe Parties Shall Promote the Following Principle-based Guidelines for the Development and Implementation of High-quality and High-integrity Voluntary Ecolabelling Programmes:!â
(a)
(b)
(c)
(d)
(e)
(f)
(g)
an ecolabel should provide truthful, not misleading, reliable, comparable, substantiated and verifiable information on the environmental aspects of goods and services;
an ecolabel should provide information that assists in differentiating environmentally preferable goods and services in a way that is meaningful to the market;
where relevant, an ecolabel should strive for a holistic approach and may consider aspects other than environmental impacts in order to support other sustainable development objectives;
an ecolabel should be based on, and take into account, scientific and technical information based on robust methodology;
an ecolabel should be developed and implemented using fair and transparent processes. In the development of an ecolabel, relevant and appropriate information should be made available to stakeholders in an accessible manner without prejudice to relevant national legal requirements for protection of confidential information. Systems should be free from undue influence and where appropriate, a diverse and balanced range of interested stakeholders should have opportunities to participate in the process of developing and implementing an ecolabel;
an ecolabel should follow a least trade restrictive approach and not create unnecessary barriers to trade;
an ecolabel should not discriminate between goods or services on the basis of their origin;
For greater certainty, the Guidelines provided for in this Article are not legally binding.
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(h)
@
G)
{k)
@
(m)
an ecolabel should be aligned with relevant international standards, recommendations or guidelines, support harmonisation of best practices and avoid duplication with international standards and international instruments;
where relevant, ecolabel criteria and product category rules should take fitness for purpose and levels of performance into account;
an ecolabel should seek to foster best practice and improvement over time in relation to environmental performance. Where relevant, ecolabel criteria and product category rules should be set with a pre- defined validity period and be reviewed before the end of that period;
an ecolabel should take the most significant environmental impacts of the productâs life cycle into account. Where appropriate, ecolabels should be based on miulti-aspect and circular economy considerations;
methodologies under an ecolabelling programme should aim to minimise compliance costs and complexity for businesses where possible and without negatively impacting environmental performance; and
if an ecolabel requires third party verification or certification, such verification or certification should be performed by an independent accredited body and according to relevant and recognised international standards, guidelines and recommendations.
Article 5.5. National Contact PointsEach Party Shall Designate a National Contact Point and Notify It to the other
Parties in writing within 90 days of the date of entry into force of this Agreement for that Party.
Each Party shall promptly notify the other Parties of any change to its
designated National Contact Point.
National Contact Points shall meet on an annual basis, or as otherwise agreed
by the Parties, through appropriate means, including electronic mail or videoconferencing.
The responsibilities of each National Contact Point shall include:
(a)
making reasonable efforts to inform all interested stakeholders within the territory of its Party of the existence and availability of the National Contact Points;
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(b) promoting awareness of the Guidelines and making them available by appropriate means, including through online information;
(c) as appropriate, cooperating with relevant stakeholders concerning their application of the Guidelines;
(d) â_ responding to enquiries and requests about the Guidelines from other National Contact Points and other interested stakeholders operating within their Partyâs territory;
(e) cooperating with other National Contact Points, where appropriate, on matters related to the Guidelines, including sharing best practices and experiences;
ff) facilitating engagement between interested stakeholders and the relevant ecolabel operators; and
(g) reporting to the Joint Commmission or any subsidiary body that may be established to deal with ecolabelling, on their activities and responses to requests made under this Article.
5. While a National Contact Point is considering a request under paragraph 4, all matters relating to the request shall be kept confidential, in accordance with domestic laws, regulations and procedures of its Party. A National Contact Point shall make its response to any request received under paragraph 4 publicly available, where appropriate.
6. In considering requests made under paragraph 4, a National Contact Point may:
(a) seek advice from relevant authorities, business communities, non- governmental organisations, and experts;
(b) consult the National Contact Point of another Party; and (c) seek guidance from the Joint Commission. Article 5.6 Cooperation
1. The Parties recognise the importance of cooperation as a mechanism to implement this Chapter and to enhance its objectives and benefits.
2. Cooperation may be undertaken through any means the Parties consider
appropriate, including bilaterally or plurilaterally amongst the Parties. Where possible and appropriate, the Parties shall seek to complement their existing
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cooperation, including by voluntary peer evaluations, capacity building and training, and by taking into account relevant work of regional and international organisations.
3. All cooperative activities under this Chapter are subject to the availability of funds and of human and other resources, and to the applicable laws and regulations of the participating Parties.
Article 5.7. Consultations
1. Chapter 7 (Dispute Settlement) shall not apply to any matter arising under this Chapter.
2. Without prejudice to paragraph 1, a Party may request consultations with another Party to foster understanding or address specific matters or general practices under this Chapter. The other Party shall give sympathetic consideration to that request. If consultations are not taking place in the Joint Commission, it should be informed thereof.
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Chapter 6. INSTITUTIONAL PROVISIONS
Article 6.1. Establishment of the Joint CommissionThe Parties Hereby Establish a Joint Commission Consisting of Government
representatives of each Party. Each Party shall be responsible for the composition of its delegation.!®
Article 6.2. Functions of the Joint Commission 1, the Joint Commission Shall: (a) Monitor and Review the Implementation of this Agreement;
(b) oversee the general functioning and further development of this Agreement;
(c) undertake general reviews of this Agreement in accordance with Article 6.7 (General Review);
(d) consider ways of promoting accessions to the Agreement, and approve the terms of accession;
(e) consider any proposal by a Party or a subsidiary body to amend this Agreement;
(f) supervise the work of subsidiary bodies established under this Agreement; and
(g) consider any other matter that may affect the operation of this Agreement.
2. The Joint Commission may:
(a) in accordance with the Agreementâs objectives, and subject to completion of any necessary legal requirements by each Party, adopt modifications to:
(i) Annexes I to V, and VII to XI, including their Appendices;!°
and
18 In the case of Costa Rica, Annex XI (Party-Specific Institutional Arrangements) shall apply. 19 In the case of Costa Rica, Annex XI (Party-Specific Institutional Arrangements) shall apply.
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Gi) Annex VI. (b) adopt interpretations of the provisions of this Agreement; (c) submit to the Parties proposals to amend this Agreement;
(d) consider ways to further actions in the trade policy area to support this Agreementâs objectives;
(e) seek to resolve differences or disagreements that may arise regarding the interpretation or application of this Agreement, including on proposed measures or measures not yet in force;
ff) where appropriate, seek the advice of non-governmental persons or groups and international organisations on any matter falling within the Joint Commissionâs functions; and
(g) take such other action in the exercise of its functions as the Parties may agree.
3. The Joint Commission may establish, merge or dissolve subsidiary bodies. It may refer matters to any subsidiary body for advice, consider matters raised and adopt decisions proposed by subsidiary bodies. Except where otherwise provided for in this Agreement, the subsidiary bodies shall work under a mandate established by the Joint Commission.
Article 6.3. Meetings and Rules of Procedure of the Joint Commission
1. The Joint Commission shall meet within 18 months of the date of entry into force of this Agreement and then normally every two years, or as otherwise agreed by the Parties. Meetings of the Joint Commission shall be chaired successively by each Party or as otherwise agreed by the Parties.
2. A Party may request at any time, through written notice to the other Parties, that a special meeting of the Joint Commission be held. That meeting shall take place within 60 days of receipt of the request, unless the Parties agree otherwise. Upon request of a Party, the meeting shall take place in a format allowing for virtual participation.
3. The Party chairing a meeting of the Joint Commission shall provide any necessary administrative support for the meeting, and shall circulate to the other Parties the outcomes of the meeting.
4. The Joint Commission shall carry out its work through whatever means it considers appropriate, which may include electronic mail or videoconferencing.
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5. The Joint Commission shall establish the rules of procedure for the conduct of its work at its first meeting or as otherwise agreed by the Parties.
Article 6.4. Decision-making of the Joint Commission
1. The Joint Commission shall take decisions as provided for in this Agreement, and make recommendations on any matter within its functions, by consensus. The Joint Commission shall be deemed to have taken a decision by consensus if no Party represented at the meeting when a decision is taken objects to the proposed decision.
2. In case the Joint Commission considers that an issue affects exclusively some Parties, it may adopt decisions or recommendations relating to that issue by consensus among those affected Parties only. Those decisions or recommendations shall only take effect for those affected Parties.
3. If a Party has accepted a decision of the Joint Commission subject to the fulfilment of domestic legal requirements, the decision shall enter into force on the date the last Party notifies the Depositary that its domestic legal requirements have been fulfilled, unless the decision itself specifies a later date. The Joint Commission may decide that the decision shall enter into force for those Parties that have fulfilled their domestic legal requirements.
4. If the domestic legislation of a Party so permits and if decided by the Joint
Commission, that Party may apply a decision of the Joint Commission provisionally until that decision enters into force for that Party.
Article 6.5. Functioning of Subsidiary Bodies 1. Each Subsidiary Body Shall Act by Consensus.
2. Meetings of each subsidiary body shall be chaired successively by a representative of each Party, unless the Parties agree otherwise.
3. Each subsidiary body shall report to the Joint Commission on the outcomes of each of its meetings.
4. Each subsidiary body shall organise and carry out its work as it sees fit and
through whatever means it considers appropriate, including electronic mail or videoconferencing.
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Article 6.6. Cooperation and Implementation of this Agreement
1. The Parties shall cooperate as appropriate and necessary in order to facilitate the implementation of this Agreement and to maximise the benefits arising from it, taking into consideration the Partiesâ respective needs and resources. The cooperative activities may include:
(a) information exchanges, dialogues or meetings;
(b) joint activities to promote this Agreement, including with the aim of increasing participation in this Agreement; and
(c) other activities as Parties may agree to.
2. The Parties may set out the details of cooperative activities in non-binding arrangements.
3. In relation to their cooperative activities, the Parties may take into consideration the work undertaken by relevant international organisations and may, where appropriate, coordinate efforts with them.
4. Any cooperative activities envisaged or undertaken under this Agreement shall be subject to the availability of resources and to the respective laws, regulations and policies of the Parties. Costs of cooperative activities shall be borne in such manner as may be determined between the Parties.
5, Each Party shall endeavour, in accordance with its laws, regulations and ptactices, to inform and, where appropriate, consult, or otherwise engage with, relevant stakeholder or partner communities, on the implementation of this Agreement. That engagement shall include representatives of Indigenous Peoples or any other relevant stakeholders as required by a Partyâs domestic or international obligations.
Article 6.7. General Review
1. The Joint Commission shall undertake a general review of the Agreement, in order to assess its general functioning and to develop the Agreement, within five years of its entry into force and thereafter as agreed by the Parties, but normally every five years. The intervals between general reviews shall not exceed seven years.
2. The conduct of general reviews shall normally coincide with regular meetings of the Joint Commission.
3. In conducting a general review pursuant to paragraph 1, the Joint Commission shall take into account, in particular:
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(a) the work of all subsidiary bodies established under this
Agreement; (b) the experiences of the Parties in implementing the Agreement; (c) progress achieved in expanding participation to this Agreement; (d) input sought from relevant non-governmental persons, groups or communities; (e) relevant developments in international fora; and @® other relevant developments such as the application of trade
remedies on environmental goods covered by this Agreement.
4. As part of general reviews, the Joint Commission shall consider ways to further the Agreementâs objectives, including through the launch of negotiations among the Parties with a view to adding to this Agreement additional trade rules and mechanisms that contribute to addressing climate change and other serious environmental challenges. For example, such topics may include non-tariff measures related to sustainability objectives.
5. Upon completion of a general review, the Joint Commission may submit to the Parties proposals to amend this Agreement or modify the Annexes to this Agreement, including their Appendices, pursuant to Article 6.2 (Functions of the Joint Commission).