Agreement on Climate Change, Trade and Sustainability (2024)
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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. Depositary1. 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).

64

Article 8.9. Authentic TextsThe 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 .

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

IV-2

(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

IV-3

No. W/120

Subsector

CPC Title Justification Ex-out

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.

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.

4 86714 Combined

architectural

design and

contract

administration

services

Combined architectural services, including post

construction assessment of deficiencies in construction

and advice on correcting measures can support more

efficient buildings and thus, emissions reduction. Such

services are directly related to goods, and to technical

processes, installations, methods, and knowledge to

prevent and reduce pollution and preserve natural

resources.

5 (e) Engineering

services

86721 Advisory and

consultative

engineering

services

Assistance and advice on engineering matters, including

preparatory technical feasibility studies and project

impact studies such as the environmental impact

suitability of projects and materials can contribute to

reduce emissions, manage waste, protect sites, adapt to

climate change risks and create passive buildings. Such

IV-4

No. W/120

Subsector

CPC Title Justification Ex-out

services are directly related to goods, and to technical

processes, installations, methods and knowledge to

prevent and reduce pollution and preserve natural

resources.

6 86722 Engineering

design services

  • Chapter   1 INITIAL AND GENERAL PROVISIONS 1
  • Article   1.1 Objective 1
  • Article   1.2 Geographical Scope 1
  • Article   1.3 Definitions 1
  • Article   1.4 Relation to other International Agreements 1
  • Article   1.5 Most-Favoured-Nation Application 1
  • Article   1.6 Transparency 1
  • Article   1.7 Cooperation In International Fora 1
  • Article   1.8 Security Exceptions 1
  • Article   1.9 Restrictions to Safeguard the Balance of Payments 1
  • Article   1.10 Taxation 1
  • Article   1.11 Tiriti O Waitangi / Treaty of Waitangi 1
  • Chapter   2 TRADE IN ENVIRONMENTAL GOODS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Environmental Goods 1
  • Article   2.4 Conservation and Sustainable Management Relevant for the Production of Environmental Goods 1
  • Article   2.5 Elimination of Import Duties 1
  • Article   2.6 Elimination of Export Duties 1
  • Article   2.7 Temporary Special Mechanism 1
  • Article   2.8 General Exceptions 1
  • Article   2.9 Sub-Committee on Trade In Environmental Goods 1
  • Article   2.10 Review 2
  • Article   2.11 Annexes 2
  • Chapter   3 TRADE IN ENVIRONMENTAL SERVICES 2
  • Article   3.1 Objective 2
  • Article   3.2 Scope 2
  • Article   3.3 Definitions 2
  • Article   3.4 Government Procurement 2
  • Article   3.5 Market Access 2
  • Article   3.6 National Treatment 2
  • Article   3.7 Additional Commitments 2
  • Article   3.8 Movement of Natural Persons 2
  • Article   3.9 Transparency 2
  • Article   3.10 Domestic Regulation 2
  • Article   3.11 Payments and Transfers 2
  • Article   3.12 General Exceptions 2
  • Article   3.13 Schedules of Specific Commitments 2
  • Article   3.14 Modification of Schedules 2
  • Article   3.15 Review 2
  • Article   3.16 Annexes 2
  • Chapter   4 FOSSIL FUEL SUBSIDIES 3
  • Article   4.1 Objective 3
  • Article   4.2 Scope 3
  • Article   4.3 Definitions 3
  • Article   4.4 SCRM Mechanism 3
  • Article   4.5 Prohibition and Scheduling of Fossil Fuel Subsidies 3
  • Article   4.6 Specific Exceptions 3
  • Article   4.7 General Cooperation 3
  • Article   4.8 Assistance for Capacity Building1. a Party In a Position to Do so Shall Strive to Assist other Parties with Limited Capacity or Specific Needs In the Successful Implementation of Their Obligations Under this Chapter, Including, but Not Limited to, In the Design of Measures to Effectively Carry Out the Tasks Required to Discipline, Eliminate, or Notify Fossil Fuel Subsidies. 3
  • Article   4.9 Transparency1. Each Party Shall Notify the other Parties of Any Fossil Fuel Subsidy: 3
  • Article   4.10 Review1. the Joint Commission Shall Undertake a Review of this Chapter, Including with Regard to the Following Items, with the Aim to Further Discipline and Eliminate Harmful Fossil Fuel Subsidies: 3
  • Article   4.5 Prohibition and Scheduling of Fossil Fuel Subsidies), Including Annex IX (List of Prohibited Fossil Fuel Subsidies); 3
  • Article   4.6 Specific Exceptions);the Implementation and Operation of this Chapter; and 3
  • Article   4.11 Annexes 4
  • Chapter   5 ECOLABELLING 4
  • Article   5.1 4
  • Article   5.2 Scope and Definitions 4
  • Article   5.3 General Principles 4
  • 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:!” 4
  • Article   5.5 National Contact PointsEach Party Shall Designate a National Contact Point and Notify It to the other 4
  • Article   5.7 Consultations 4
  • Chapter   6 INSTITUTIONAL PROVISIONS 4
  • Article   6.1 Establishment of the Joint CommissionThe Parties Hereby Establish a Joint Commission Consisting of Government 4
  • Article   6.2 Functions of the Joint Commission 1, the Joint Commission Shall: (a) Monitor and Review the Implementation of this Agreement; 4
  • Article   6.3 Meetings and Rules of Procedure of the Joint Commission 4
  • Article   6.4 Decision-making of the Joint Commission 4
  • Article   6.5 Functioning of Subsidiary Bodies 1. Each Subsidiary Body Shall Act by Consensus. 4
  • Article   6.6 Cooperation and Implementation of this Agreement 4
  • Article   6.7 General Review 4
  • Article   6.8 Contact Points 5
  • Article   6.9 Annex 5
  • Chapter   7 DISPUTE SETTLEMENT 5
  • Article   7.1 Objective 5
  • Article   7.2 Scope and Coverage 5
  • Article   7.3 Mutually Satisfactory Resolution 5
  • Article   7.4 Choice of Forum 5
  • Article   7.5 Good Offices, Conciliation and Mediation 5
  • Article   7.6 Consultations 5
  • Article   7.7 Establishment of an Arbitration Panel 5
  • Article   7.8 Arbitration Panel Composition 5
  • Article   7.9 Qualifications of Arbitrators1, All Arbitrators Shall: 5
  • Article   7.10 Conduct, Challenge and Replacement of Arbitrators 5
  • Article   7.11 Third Party Participation 5
  • Article   7.12 Functions of the Arbitration Panel 5
  • 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 OfProcedure. 5
  • Article   7.14 Right to Seek Information 5
  • Article   7.16 Suspension or Termination of Arbitration Panel Proceedings 5
  • Article   7.17 Implementation of the Final Report 5
  • Article   7.18 Non-Implementation of the Final Report 5
  • Article   7.19 Time Periods 5
  • Article   7.20 Notifications and Contact Points 5
  • Chapter   8 FINAL PROVISIONS 5
  • Article   8.1 Fulfilment of Obligations 5
  • Article   8.2 Annexes, Appendices and Footnotes 5
  • Article   8.3 Entry Into Force 5
  • Article   8.4 Amended or Successor International Agreements If Any International Agreement Referred to In, or Incorporated Into, this 5
  • Article   8.5 Amendments 5
  • Article   8.6 Accession 5
  • Article   8.7 Withdrawal 6
  • Article   8.8 Depositary1. New Zealand Is Hereby Designated as the Depositary of this Agreement. 6
  • Article   8.9 Authentic TextsThe English, French and Spanish Texts of this Agreement Are Equally 6
  • ANNEX III   REFERRED TO IN ARTICLE 3.3 (DEFINITIONS). ENVIRONMENTAL PURPOSES – TRADE IN ENVIRONMENTAL SERVICES 6
  • ANNEX IV   6
  • ANNEX V   REFERRED TO IN ARTICLE 3.13 (ANNEXES). SCHEDULES OF SPECIFIC COMMITMENTS 20
  • ANNEX VI   REFERRED TO IN ARTICLE 3.16 (ANNEXES) FINANCIAL SERVICES 61