3. Unless the disputing parties agree otherwise, the chair of the arbitration panel shall not be a national of any disputing party or third party and shall not have their usual place of residence in any disputing party.
Article 7.10. Conduct, Challenge and Replacement of Arbitrators
1. A prospective arbitrator shall disclose in writing to the disputing parties any information which may give rise to justifiable doubts as to their impartiality or independence. For the duration of their appointment, an arbitrator shall disclose such information as soon as they become aware of them.
2. All arbitrators shall comply with the standards of conduct in the Rules of Procedure.
3. An arbitrator may be challenged as provided for in the Rules of Procedure if circumstances give rise to justifiable doubts as to their compliance with this Chapter or the Rules of Procedure.
4. Where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed pursuant to the procedure provided for in Article 7.8 (Arbitration Panel Composition).
Article 7.11. Third Party Participation
1. A Party which is not a disputing party and which considers it has an interest in the matter before the arbitration panel shall be entitled, on delivery of a written notice to the disputing parties, to make written submissions to the arbitration panel, receive written submissions, including annexes, from the disputing parties, attend hearings and make oral statements.
2. The Party referred to in paragraph 1 shall provide written notice no later than 10 days after the notification of the request for the establishment of the arbitration panel under Article 7.7 (Establishment of an Arbitration Panel).
Article 7.12. Functions of the Arbitration Panel
1. The function of an arbitration panel is to make an objective assessment of the matter before it, which includes an examination of the facts and the applicability of, and conformity with, this Agreement, and to make the findings and recommendations as are called for in its terms of reference provided for in paragraph 5 of Article 7.7 (Establishment of an Arbitration Panel).
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel in light of the relevant provisions of this Agreement considered in accordance with the rules of interpretation of public international law. The arbitration panel may also consider relevant interpretations in WTO panel and appellate reports.
3. The arbitration panel shall take its decisions by a majority of its members. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall not disclose, including in its initial and final reports, which members are associated with majority or minority opinions.
4. An arbitration panel shall give the disputing parties adequate opportunity to develop a mutually satisfactory solution at any stage of the proceedings prior to release of the final report.
Article 7.13. Procedures of the Arbitration Panel
1. Unless otherwise provided in this Agreement or agreed between the disputing parties, the procedures of the arbitration panel shall be governed by the Rules of Procedure.
2. Hearings may be held in person or by any technological means decided by mutual agreement of the disputing parties. The location of any hearing of the arbitration panel, if it is held in person, shall be decided by mutual agreement of the disputing parties, failing which, it shall be held in the capital of the responding Party.
3. The hearings of the arbitration panel shall be open to the public, unless the disputing parties decide otherwise or the arbitration panel decides to close the hearing for the duration of any discussion of confidential information.
4. The Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as such by the Party submitting the information.
Article 7.14. Right to Seek Information
1. Upon the request of a disputing party or on its own initiative, the arbitration panel may seek any information it deems appropriate from any relevant source. The arbitration panel may also seek the opinion of experts, as it deems appropriate, and subject to any terms and conditions agreed by the disputing parties, where applicable.
2. The disputing parties shall have an opportunity to comment on any information or advice obtained under this Article.
Article 7.15. Arbitration Panel Reports
1. The arbitration panel shall submit an initial report containing its findings and rulings to the disputing parties no later than 90 days after the date of establishment of the arbitration panel.
2. In exceptional cases, if the arbitration panel considers that it cannot release its initial report within the time-period specified in paragraph 1, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of when it will issue its report. A delay shall not exceed an additional period of 30 days unless the disputing parties agree otherwise.
3. The initial report shall contain:
(a) findings of law and fact;
(b) the determination of the arbitration panel as to whether:
(i) the measure at issue is inconsistent with obligations in this Agreement; or
(ii) a Party has otherwise failed to carry out its obligations in this Agreement;
(c) any other determination requested in the terms of reference;
(d) recommendations for the implementation of the ruling, if any; and
(e) the reasons for the findings and determinations.
4. A disputing party may submit written comments to the arbitration panel no later than 14 days after receipt of the initial report.
5. After considering any written comments by the disputing parties on the initial report, the arbitration panel may modify its report and make any further examination it considers appropriate. The findings of the final report shall include a discussion of the arguments made by the disputing parties at the interim review stage.
6. The arbitration panel shall submit to the disputing parties a final report no later than 30 days after the submission of the initial report.
7. The final report, as well as any report under Article 7.17 (implementation of the Final Report), shall be communicated to the Parties. Subject to the protection of any confidential information, final reports issued under this Chapter shall be made public.
8. Any ruling of the arbitration panel under any provision of this Chapter shall be final and binding upon the disputing parties.
Article 7.16. Suspension or Termination of Arbitration Panel Proceedings
1. Where the disputing parties agree, an arbitration panel shall suspend its work at any time for a period not exceeding 12 months. If the work of an arbitration panel has been suspended for more than 12 months, the arbitration panel's authority for considering the dispute shall lapse, unless the disputing parties agree otherwise.
2. Suspended panel proceedings shall resume on request of any disputing party. 3. A complaining Party may withdraw its complaint at any time before the initial report has been issued. Such withdrawal is without prejudice to its right to introduce a new complaint regarding the same issue at a later point in time.
4. The disputing parties may agree at any time to terminate the proceedings of an arbitration panel established under this Chapter by jointly notifying in writing the chair of that arbitration panel.
Article 7.17. Implementation of the Final Report
1. The responding Party shall promptly comply with the ruling in the final report. If it is impracticable to comply immediately, the disputing parties shall endeavour to agree on a reasonable period of time to do so. In the absence of such agreement within 45 days of the issuance of the final report, either disputing party may request the original arbitration panel to determine the length of the reasonable period of time, in light of the particular circumstances of the case. The ruling of the arbitration panel shall be given no later than 45 days after receipt of that request.
2. The responding Party shall notify the complaining Party and the Joint Commission of the measure adopted in order to comply with the ruling in the final report, including the date the measure comes into effect, as well as provide a detailed description of how the measure ensures compliance sufficient to allow the complaining Party to assess the measure.
3. In case of disagreement between the disputing parties as to the existence of a measure complying with the ruling in the final report or to the consistency of that measure with the ruling, such disagreement shall be decided by the same arbitration panel upon the request of either disputing party. A copy of this request shall be communicated to the other Parties. The Party making the request shall at the same time notify the other Parties in writing of the request. The ruling of the arbitration panel shall be rendered no later than 90 days after receipt of that request.
Article 7.18. Non-Implementation of the Final Report
1. If the responding Party notifies the complaining Party that it does not intend to comply with the ruling in the final report, or if it fails to comply within the reasonable period of time pursuant to paragraph 1 of Article 7.17 (implementation of the Final Report), subject to any compliance proceedings brought under paragraph 3 of Article 7.17 (Implementation of the Final Report), the responding Party shall, if so requested by the complaining Party, enter into consultations no later than 30 days after receipt of that request with a view to agreeing on mutually acceptable compensation.
2. Compensation referred to in paragraph 1 shall foster the contribution of international trade in addressing climate and other serious environmental challenges. Such compensation is voluntary and shall be consistent with this Agreement and other international agreements to which the disputing parties are parties.
3. If no agreement has been reached on mutually acceptable compensation within 90 days from the date of receipt of the request, the representatives of the responding Party shall not be permitted to chair the Joint Commission or any subsidiary body established under this Agreement. The complaining Party may suspend its cooperation activities under Article 6.6 (Cooperation and Implementation of the Agreement) with the responding Party.
4. As long as the measure found to be inconsistent with this Agreement remains in force, in the absence of compensation pursuant to paragraph 1, and provided that the disputing parties have not resolved the dispute otherwise:
(a) the implementation of the ruling in the final report, including any measures taken pursuant to paragraph 3, shall be put on the agenda of any regular or special meeting of the Joint Commission; and
(b) the responding Party shall submit every three months a report to the Joint Commission informing it of its intentions with respect to the implementation of the ruling in the final report. The report, together with statements, if any, by the other Parties in relation to the matter, and a summary by the complaining Party of the measures taken under paragraph 3, shall be made public. Any Party may refer to such documents in any fora and on any platform it deems appropriate.
5. The Joint Commission shall decide on further measures aimed at ensuring effective compliance with panel reports and any criteria for their application. A complaining Party may apply any such measure in the context of a particular dispute after application of the measures provided for in paragraphs 3 and 4.
6. Compensation pursuant to paragraph 1 and the measures provided for in paragraphs 3 and 4 shall be temporary and shall only be applied until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the disputing parties have resolved the dispute otherwise. Full implementation of the ruling in the final report or a mutually satisfactory resolution of the dispute are preferred to the measures provided for in this Article.
Article 7.19. Time Periods
1. Any time period mentioned in this Chapter may be extended by mutual agreement of the disputing parties or, on request of a Party, by the arbitration panel.
2. All time periods laid down in this Chapter shall be calculated from the day following the act or fact to which they refer. If the last day of such period is an official holiday or a non-working day in the Party to which the communication is addressed, the period is extended to the next working day. The disputing parties shall inform each other of their respective official holidays and non-working days when commencing the arbitration.
Article 7.20. Notifications and Contact Points
1. Unless otherwise agreed by the disputing parties, a request, notice, written submission or other document shall be considered received when it has been delivered to the designated contact points referred to in paragraph 3 by a means of communication that provides a record of receipt thereof, including registered post, courier or electronic transmission. In case the delivery was not made electronically, a copy of the written communication shall be provided simultaneously in electronic format to the designated contact points referred to in paragraph 3.
2. A disputing party shall transmit its written communications at the same time to the arbitration panel, the other disputing party or parties and, where relevant, third patties.
3. Each Party shall designate a contact point for the effective implementation and operation of this Chapter and the Rules of Procedure. Each Party shall notify the other Parties in writing of its designated contact point, including electronic mail addresses, within 60 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 the contact point or its contact details.
Chapter 8. FINAL PROVISIONS
Article 8.1. Fulfilment of Obligations
Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by, as applicable, its regional and local governments and authorities, and non-governmental bodies in the exercise of governmental powers delegated to them within its territory.
Article 8.2. Annexes, Appendices and Footnotes
The Annexes to this Agreement, including their Appendices, and footnotes constitute an integral part of this Agreement.
Article 8.3. Entry Into Force
1. This Agreement is subject to ratification, acceptance or approval in accordance with the respective legal requirements of each Party. The completion of ratification, acceptance or approval procedures shall be notified to the Depositary.
2. This Agreement shall enter into force on the first day of the third month following the date on which at least three signatories to this Agreement have notified the Depositary in writing of the completion of their applicable legal procedures.
3. For any signatory to this Agreement for which this Agreement has not entered into force under paragraph 2, this Agreement shall enter into force on the first day of the third month following the date on which that signatory has notified the Depositary in writing of the completion of its applicable legal procedures.
Article 8.4. Amended or Successor International Agreements
If any International Agreement referred to in, or incorporated into, this Agreement is amended or succeeded, the Parties shall upon request of a Party consult on whether it is necessary to amend this Agreement.
Article 8.5. Amendments
1. This Agreement may be amended by agreement in writing of all the Parties. Any Party may submit proposals for amendments to this Agreement to the Joint Commission for consideration. Amendments shall be subject to ratification, acceptance or approval in accordance with the respective legal requirements of each Party.
2. An amendment to this Agreement shall enter into force for those Parties that have ratified, accepted or approved it on the first day of the third month following the date on which at least three-fourths of the Parties have notified the Depositary of the completion of their ratification, acceptance or approval procedures, or on such other date as the Parties may agree. If a Party notifies the completion of its ratification, acceptance or approval after the amendment has entered into force, the amendment shall enter into force for that Party on the first day of the third month following its notification.
3. If its respective legal requirements permit, a Party may apply an amendment provisionally, pending its entry into force for that Party. Provisional application of an amendment shall be notified to the Depositary.
Article 8.6. Accession
1. This Agreement shall be open to requests for accessions from any WTO Member, who may accede subject to such terms and conditions as may be agreed between the Parties and the accession candidate and approved in accordance with the applicable legal procedures of each Party.
2. An accession candidate may seek to accede to this Agreement by submitting a request in writing to the Depositary.
3, If the Joint Commission, in accordance with Article 6.2 (Functions of the Joint Commission), adopts a decision approving the terms for an accession and inviting an accession candidate to become a Party, that decision shall specify a period, which may be subject to extension by agreement of the Parties, during which the accession candidate may deposit an instrument with the Depository indicating that it accepts the terms for the accession.
4. An accession candidate shall become a Party to this Agreement, subject to the terms for the accession approved in the Joint Commission's decision pursuant to paragraph 3, either:
(a) on the first day of the third month following the date on which the accession candidate deposits an instrument of accession with the Depositary indicating that it accepts the terms for the accession; or
(b) on the first day of the third month following the date on which all the Parties have notified the Depositary that they have completed their respective applicable legal procedures for the approval of the terms for the accession, whichever is later.
5. Without prejudice to paragraph 1, an expedited accession process may be considered for WTO Members that participated in the negotiation of this Agreement.
Article 8.7. Withdrawal
Any Party may withdraw from this Agreement by providing written notice of withdrawal to the Depositary. Such withdrawal shall take effect six months after the notice of withdrawal is received by the Depositary. If a Party withdraws, this Agreement shall remain in force for the other Parties.
Article 8.8. Depositary
1. New Zealand Is Hereby Designated as the Depositary of this Agreement.
2. The Depositary shall transmit certified copies of this Agreement and any amendment to this Agreement to all signatories and Parties to this Agreement as well as accession candidates.
3. The Depositary shall notify all signatories and Parties to this Agreement as well as accession candidates as appropriate of:
(a) each ratification, acceptance or approval in accordance with Article 8.3 (Entry into Force), Article 8.5 (Amendments) and Article 8.6 (Accession);
(b) the respective dates on which this Agreement or an amendment enters into force in accordance with Article 8.3 (Entry into Force), Article 8.5 (Amendments) and Article 8.6 (Accession);
(c) any notification of withdrawal received in accordance with Article 8.7 (Withdrawal); and
(d) the date on which a withdrawal enters into effect in accordance with Article 8.7 (Withdrawal).
Article 8.9. Authentic Texts
The English, French and Spanish Texts of this Agreement are equally authentic. In the event of any divergence between those texts, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE the fifteenth day of November, two thousand and twenty-four, in one original in the English, French and Spanish languages.
Attachments
ANNEX III . REFERRED TO IN ARTICLE 3.3 (DEFINITIONS). ENVIRONMENTAL PURPOSES – TRADE IN ENVIRONMENTAL SERVICES
The environmental purposes referred to in subparagraph (c) of Article 3.3 (Definitions) are:
(a) environmental protection purposes, which are the prevention, reduction, control, and elimination of pollution and other forms of degradation of the environment by means of the following activities:
(i) protection of ambient air;
(ii) wastewater management;
(iii) waste management;
(iv) protection and remediation of soil, groundwater, and surface water;
(v) noise, light and vibration abatement (excluding workplace protection);
(vi) protection and restoration of biodiversity, ecosystems and landscape;
(vii) protection against radiation (excluding external safety);
(viii) research and development for environmental protection; or
(ix) other environmental protection activities;
(b) resource management purposes, which are preserving and maintaining the stock of natural resources, including sustainable use and the transition to a circular economy by means of the following activities:
(i) preserving and maintaining the stock of mineral and energy resources;
(ii) preserving and maintaining the stock of timber resources;
(iii) preserving and maintaining the stock of aquatic and marine resources;
(iv) preserving and maintaining the stock of biological resources;
(v) preserving and maintaining the stock of water;
(vi) research and development for resource management; or
(vii) other resource management activities; and
(c) climate change adaptation and mitigation purposes.
ANNEX IV . REFERRED TO IN ARTICLE 3.2 (SCOPE). LIST OF ENVIRONMENTAL AND ENVIRONMENTALLY RELATED SERVICES
INTERPRETATIVE NOTES
1. This List only covers the services sectors, subsectors, or parts thereof that comply with the definition of “environmental and environmentally related services” in Article 3.3 (Definitions).
2. For greater certainty, this List only refers to services supplied in compliance with domestic laws and regulations.
3. The horizontal ex-outs * and ** apply to all sectors and subsectors of this List.
HORIZONTAL EX-OUTS
* This List excludes parts of services subsectors which may significantly harm one or more environmental purposes in Annex III (Environmental Purposes – Trade in Environmental Services). Certain parts of service sectors or subsectors marked with * were identified as having a greater risk of significantly harming an environmental purpose in Annex III (Environmental Purposes – Trade in Environmental Services).
** This List excludes any services supplied in relation to the following activities because they are deemed to significantly harm at least one environmental purpose:
(a) Unsustainable logging;
(b) Mining (including, inter alia, mining for coal, oil and gas); and
(c) Oil, gas and coal exploration and extraction, as well as any related activities.
Certain services sectors or subsectors marked with ** were identified as having a greater risk of being related to these activities.
*** Parts of services sectors or subsectors marked with *** are excluded where their supply or the goods they relate to directly involve the use of non-renewable energy sources or emit CO2.
| No. | W/120 Subsector | CPC | Title | Justification | Ex-out |
| 1. Business Services | |||||
| A. Professional Services | |||||
| 1 | (d) Architectural services | 86711 | Advisory and pre-design architectural services | Services related to preliminary studies addressing climatic and environmental concerns and other issues affecting the nature of the design and construction of a project, as well as maintenance, renovation, restoration, or recycling of buildings and building materials can contribute to more efficient buildings and lead to emissions reduction. Such services are directly related to technical processes, methods, and knowledge to reduce pollution, preserve natural resources, and adapt to climate change risks. | |
| 2 | 86712 | Architectural design services | Services related to schematic design, design development and final design services, for instance on material to be used or structural, mechanical, and electrical systems, can contribute to the prevention and reduction of pollution in construction and beyond. Such services can contribute to designing more operationally efficient buildings, or buildings with lower whole-of-life embodied carbon footprint. Such services are directly related to technical processes, installations, methods, and knowledge to prevent and reduce pollution and preserve natural resources |
processes, installations, methods, and knowledge to
prevent and reduce pollution and preserve natural
resources.
3 86713 Contract
administration
services
Advice and technical assistance services to ensure
conformity with final drawings and specifications of
construction projects can support more efficient buildings
and thus emissions reduction. Such services are directly
related to technical processes, installations, and
knowledge to prevent and reduce pollution and preserve
natural resources.