Central America - EU Association Agreement (2012)
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Title

Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other

Preamble

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on the European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the "Member States of the European Union",

and

THE EUROPEAN UNION,

on the one hand, and

THE REPUBLIC OF COSTA RICA,

THE REPUBLIC OF EL SALVADOR,

THE REPUBLIC OF GUATEMALA,

THE REPUBLIC OF HONDURAS,

THE REPUBLIC OF NICARAGUA,

THE REPUBLIC OF PANAMA, hereinafter referred to as "Central America",

on the other,

CONSIDERING the traditional historical, cultural, political, economic and social links between the Parties and the desire to strengthen their relations based on common principles and values, building on the existing mechanisms that govern relations between the Parties, as well as the desire to consolidate, deepen and diversify bi-regional links in areas of common interest in a spirit of mutual respect, equality, non-discrimination, solidarity and mutual benefit;

CONSIDERING the positive development in both regions during the last two decades, which has enabled the furtherance of common goals and interests to enter into a new stage of relations, deeper and more modern and permanent, in order to establish a bi-regional association that responds to the current internal challenges as well as new international realities;

EMPHASISING the importance that the Parties attach to the consolidation of the political dialogue and economic cooperation process established to date between the Parties under the San José Dialogue initiated in 1984 and renewed on numerous occasions since then;

RECALLING the conclusions of the 2006 Vienna Summit, including the commitments undertaken by Central America as regards the deepening of regional economic integration;

RECOGNISING the progress achieved in the Central American economic integration process, such as, the ratification of the Convenio Marco para el Establecimiento de la Unión Aduanera Centroamericana and the Tratado sobre Inversión y Comercio de Servicios, as well as the implementation of a jurisdictional mechanism securing enforcement of regional economic legislation throughout the Central American region;

REAFFIRMING their respect for democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights;

RECALLING their commitment to the principles of the rule of law and good governance;

BASED on the principle of shared responsibilities and convinced of the importance of preventing illicit drug use and of reducing its harmful effects, including the fight against the cultivation, production, processing and trafficking of drugs and its precursors, and money laundering;

NOTING that the provisions of this Agreement that fall within the scope of Part III, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the UK and/or Ireland have jointly notified the Republics of the CA Party that the United Kingdom (UK) or Ireland is bound as part of the European Union in accordance with Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of the Protocol No. 21, the European Union together with the UK and/or Ireland shall immediately inform the Republics of the CA Party of any change in their position in which case they shall remain bound by the provisions of this Agreement in their own right. The same applies to Denmark in accordance with the Protocol annexed to those Treaties on the position of Denmark;

HIGHLIGHTING their commitment to working together in pursuit of the objectives of poverty eradication, job creation, equitable and sustainable development, including aspects of vulnerability to natural disasters, environmental conservation and protection and biodiversity, and the progressive integration of the Republics of the CA Party into the world economy;

REAFFIRMING the importance that the Parties attach to the principles and rules which govern international trade, in particular those contained in the Marrakesh Agreement Establishing the World Trade Organisation, done on April 15, 1994 (hereinafter referred to as the "WTO Agreement"), and the multilateral agreements annexed to the WTO Agreement, and to the need to apply them in a transparent and non-discriminatory manner;

CONSIDERING the difference in economic and social development existing between the Republics of the CA Party and the EU Party and the shared objective of strengthening the process of economic and social development in Central America;

DESIRING to strengthen their economic relations, particularly trade and investment, strengthening and improving the current level of access of the Republics of the CA Party to the European Union market, thus contributing to economic growth in Central America and the reduction of asymmetries between the two regions;

CONVINCED that this Agreement will create a climate conducive to growth in sustainable economic relations between them, more particularly in the trade and investment sectors which are essential to the realisation of the economic and social development and technological innovation and modernisation;

HIGHLIGHTING the need to build upon the principles, objectives and mechanisms that govern relations between the two regions, in particular the Political Dialogue and Cooperation Agreement between the European Community and its Member States, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama signed in 2003 (hereinafter referred to as the "2003 Political Dialogue and Cooperation Agreement"), as well as the 1993 Framework Cooperation Agreement signed between the same parties;

AWARE of the need to promote sustainable development in both regions through a development partnership involving all relevant stakeholders, including civil society and the private sector, in line with the principles set out in the Monterrey Consensus and the Johannesburg Declaration, and its Plan for Implementation;

REAFFIRMING that the States in their exercise of sovereign power to exploit their natural resources, according to their own environmental and developmental policies, should promote sustainable development;

MINDFUL of the need to develop a comprehensive dialogue on migration to strengthen bi-regional cooperation on migration issues in the framework of the Political Dialogue and Cooperation Parts of this Agreement and ensure the effective promotion and protection of human rights of all migrants;

RECOGNISING that no provision in this Agreement shall in any way refer to, nor shall be interpreted or construed in any way as defining the position of the Parties in ongoing or future bilateral or multilateral trade negotiations;

EMPHASISING the will to cooperate in international fora on issues of mutual interest;

BEARING IN MIND the strategic partnership developed between the European Union and Latin America and the Caribbean in the context of the 1999 Rio Summit and reaffirmed at the 2002 Madrid Summit, the 2004 Guadalajara Summit, the 2006 Vienna Summit, the 2008 Lima Summit and the 2010 Madrid Summit;

TAKING INTO ACCOUNT the Madrid Declaration of May 2010;

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

Body

Part I. GENERAL AND INSTITUTIONAL PROVISIONS

Title I. Nature and Scope of this Agreement

Article 1. Principles

1. Respect for democratic principles and fundamental human rights, as laid down in the Universal Declaration of Human Rights, and for the rule of law, underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement.

2. The Parties confirm their commitment to the promotion of sustainable development, which is a guiding principle for the implementation of this Agreement, taking notably into account the Millennium Development Goals. The Parties shall ensure that an appropriate balance is struck between the economic, social and environmental components of sustainable development.

3. The Parties reaffirm their attachment to good governance and the rule of law, which entails, in particular, the primacy of law, the separation of powers, the independence of the judiciary, clear decision-making procedures at the level of the public authorities, transparent and accountable institutions, the good and transparent management of public affairs at local, regional and national levels, and the implementation of measures aiming at preventing and combating corruption.

Article 2. Objectives

The Parties agree that the objectives of this Agreement are to:

(a) strengthen and consolidate the relations between the Parties through an association based on three interdependent and fundamental parts: political dialogue, cooperation and trade, based on mutual respect, reciprocity and common interest. The implementation of this Agreement shall make full use of the institutional arrangements and mechanisms agreed by the Parties;

(b) develop a privileged political partnership based on values, principles and common objectives, in particular the respect for and the promotion of democracy and human rights, sustainable development, good governance and the rule of law, with the commitment to promote and protect these values and principles on the world stage, in such a way that it contributes to the strengthening of multilateralism;

(c) enhance bi-regional cooperation in all areas of common interest with the aim of achieving more sustainable and equitable social and economic development in both regions;

(d) expand and diversify the Parties' bi-regional trade relation in conformity with the WTO Agreement and the specific objectives and provisions set out in Part IV of this Agreement, which should contribute to higher economic growth, to the gradual improvement of the quality of life in both regions and to a better integration of both regions in the world economy;

(e) strengthen and deepen the progressive process of regional integration in areas of common interest, as a way to facilitate the implementation of this Agreement;

(f) reinforce good neighbourly relations and the principle of peaceful resolution of disputes;

(g) at least maintain and preferably develop the level of good governance, social, labour and environmental standards achieved through the effective implementation of international conventions of which the Parties are part of at the time of entry into force of this Agreement; and

(h) foster increased trade and investment among the Parties, taking into account special and differential treatment in order to reduce structural asymmetries existing between both regions.

Article 3. Scope

The Parties shall treat each other as equals. Nothing in this Agreement shall be construed to undermine the sovereignty of any Republic of the CA Party.

Title II. Institutional Framework

Article 4. Association Council

1. An Association Council is hereby established, which shall oversee the fulfilment of the objectives of this Agreement and supervise its implementation. The Association Council shall meet at ministerial level at regular intervals, not exceeding a period of two years, and extraordinarily whenever circumstances so require, if the Parties so agree. The Association Council shall meet where appropriate and agreed by both Parties at Head of State or Government level. Furthermore, in order to strengthen the political dialogue and make it more efficient, specific "ad hoc" meetings at working level shall be encouraged.

2. The Association Council shall examine any major issue arising within the framework of this Agreement, as well as any other bilateral, multilateral or international question of common interest.

3. The Association Council shall also examine proposals and recommendations from the Parties for the improvement of the relations established under this Agreement.

Article 5. Composition and Rules of Procedures

1. The Association Council shall be composed of representatives of the EU Party and of each of the Republics of the CA Party at ministerial level, in accordance with the Parties' respective internal arrangements and taking into consideration the specific issues (Political Dialogue, Cooperation and/or Trade) to be addressed at any given session.

2. The Association Council shall establish its own rules of procedure.

3. Members of the Association Council may arrange to be represented, in accordance with the conditions laid down in its rules of procedure.

4. The Association Council shall be chaired alternately by a representative of the EU Party on one side, and by a representative of one Republic of the CA Party on the other, in accordance with the provisions laid down in its rules of procedure.

Article 6. Decision-making Powers

1. In order to attain the objectives of this Agreement, the Association Council shall have the power to take decisions in the cases provided for in this Agreement.

2. The decisions taken shall be binding on the Parties, which shall take all measures necessary to implement them in accordance with each Party's internal rules and legal procedures.

3. The Association Council may also make appropriate recommendations.

4. The Association Council shall adopt decisions and recommendations by mutual agreement between the Parties. In the case of the Republics of the CA Party, the adoption of decisions and recommendations shall require their consensus.

5. The procedure established in paragraph 4 shall apply to all other governing bodies created by this Agreement.

Article 7. Association Committee

1. The Association Council shall be assisted in the performance of its duties by an Association Committee which shall be composed of representatives of the EU Party and of each of the Republics of the CA Party, at senior official level, and taking into consideration the specific issues (Political Dialogue, Cooperation and/or Trade) to be addressed at any given session.

2. The Association Committee shall be responsible for the general implementation of this Agreement.

3. The Association Council shall establish the rules of procedure of the Association Committee.

4. The Association Committee shall have the power to take decisions in the cases provided for in this Agreement or where such power has been delegated to it by the Association Council. In this event, the Association Committee shall take its decisions in accordance with the conditions laid down in Articles 4 to 6.

5. The Association Committee shall generally meet once a year for an overall review of the implementation of this Agreement, on a date and with an agenda agreed in advance by the Parties, in Brussels one year and in Central America the next. Special meetings may be convened, by mutual agreement, at the request of either of the Parties. The Association Committee shall be chaired alternately by a representative of each of the Parties.

Article 8. Sub-committees

1. The Association Committee shall be assisted in the performance of its duties by the Sub-Committees established in this Agreement.

2. The Association Committee may decide to set up any additional Sub-Committee. It may decide to change the task assigned to or dissolve any Sub-Committee.

3. Sub-Committees shall meet once per year or at the request of either Party or of the Association Committee, at an appropriate level. When in person, meetings shall be held alternately in Brussels or Central America. Meetings may also be held by any technological mean available to the Parties.

4. Sub-Committees shall be chaired alternately by a representative of the EU Party on one side and by a representative of one Republic of the CA Party on the other, for a period of one year.

5. The creation or existence of a Sub-Committee shall not prevent the Parties from bringing any matter directly to the Association Committee.

6. The Association Council shall adopt rules of procedure which determine the composition and duties of such Sub-Committees and how they shall function, insofar as not provided for by this Agreement.

7. A Cooperation Sub-Committee is hereby established. It shall assist the Association Committee in the performance of its duties regarding Part III of this Agreement. It shall also have the following tasks:

(a) attend any cooperation related matter mandated by the Association Committee;

(b) follow-up the overall implementation of Part III of this Agreement;

(c) discuss any related cooperation issues that may affect the operation of Part III of this Agreement.

Article 9. Association Parliamentary Committee

1. An Association Parliamentary Committee is hereby established. It shall consist of members of the European Parliament, on the one side, and of members of the Parlamento Centroamericano (PARLACEN), and in the case of Republics of the CA Party that are not members of PARLACEN, representatives designated by their respective National Congress, on the other side, who shall meet and exchange views. It shall determine the frequency of its meetings and shall be chaired by one of the two sides alternately.

2. The Association Parliamentary Committee shall establish its rules of procedure.

3. The Association Parliamentary Committee may request of the Association Council relevant information regarding the implementation of this Agreement. The Association Council shall supply the Committee with the requested information.

4. The Association Parliamentary Committee shall be informed of the decisions and recommendations of the Association Council. 5. The Association Parliamentary Committee may make recommendations to the Association Council.

Article 10. Joint Consultative Committee

1. A Joint Consultative Committee is hereby established as a consultative body of the Association Council. Its work shall consist in submitting the opinions of civil society organisations to this Council regarding the implementation of this Agreement without prejudice to other processes in accordance with Article 11. The Joint Consultative Committee shall further be tasked with contributing to the promotion of dialogue and cooperation between the organisations of civil society in the European Union and those in Central America.

2. The Joint Consultative Committee shall be composed of an equal number of representatives of the European Economic and Social Committee, on the one side, and of representatives of the Comité Consultivo del Sistema de la Integración Centroamericana (CC-SICA) and of the Comité Consultivo de Integración Económica (CCIE), on the other side.

3. The Joint Consultative Committee shall adopt its rules of procedure.

Article 11. Civil Society

1. The Parties shall promote meetings of representatives of the European Union's and of Central America's civil societies, including the academic community, social and economic partners and non-governmental organisations.

2. The Parties shall call for regular meetings with these representatives in order to inform them about the implementation of this Agreement and to gather their suggestions in this respect.

Part II. Political Dialogue

Article 12. Objectives

The Parties agree that the objectives of the political dialogue between the Republics of the CA Party and the EU Party are to:

(a) establish a privileged political partnership based notably on the respect for and the promotion of democracy, peace, human rights, the rule of law, good governance and sustainable development;

(b) defend common values, principles and objectives through their promotion at the international level in particular at the United Nations;

(c) strengthen the United Nations Organization as the core of the multilateral system, in order to enable it to tackle global challenges effectively;

(d) intensify political dialogue in order to enable a broad exchange of views, positions and information leading to joint initiatives at international level;

(e) cooperate in the field of foreign and security policy, with the objective of coordinating their positions and taking joint initiatives of mutual interest in the relevant international fora.

Article 13. Areas

1. The Parties agree that political dialogue shall cover all aspects of mutual interest either at the regional or international levels.

2. The political dialogue between the Parties shall prepare the way for new initiatives for pursuing common goals and for establishing common ground in areas such as: regional integration; the rule of law; good governance; democracy; human rights; promotion and protection of the rights and fundamental freedoms of indigenous peoples and individuals, as recognised by the United Nations Declaration on the Rights of Indigenous Peoples; equal opportunities and gender equality; the structure and orientation of international cooperation; migration; poverty reduction and social cohesion; core labour standards; the protection of the environment and the sustainable management of natural resources; regional security and stability, including the fight against citizens' insecurity; corruption; drugs; trans-national organised crime; the trafficking of small arms and light weapons as well as their ammunition; the fight against terrorism; the prevention and peaceful resolution of conflicts.

3. Dialogue under Part II shall also cover the international conventions on human rights, good governance, core labour standards and the environment, in accordance with the Parties' international commitments and raise, in particular, the issue of their effective implementation.

4. The Parties may agree at any time to add any other topic as an area for political dialogue.

Article 14. Disarmament

1. The Parties agree to cooperate and to contribute to strengthening the multilateral system in the area of conventional weapons disarmament, through full compliance with and national implementation of their existing obligations under international treaties and agreements and other relevant international instruments in the field of conventional weapons disarmament.

2. In particular, the Parties will promote the full implementation and universalisation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction, and the Convention on Certain Conventional Weapons (CCW) and its protocols.

3. The Parties furthermore recognise that the illicit manufacture, transfer and circulation of small arms and light weapons, including their ammunition, and their excessive accumulation and uncontrolled spread continue to pose a serious threat to peace and international security. They therefore agree to cooperate in fighting the illicit trade and excessive accumulation of small arms and light weapons, including their ammunition, and also agree to work jointly to regulate the licit trade of conventional arms.

4. The Parties therefore agree to observe and fully implement their obligations to deal with the illicit trade in small arms and light weapons, including their ammunition, under existing international agreements and applicable United Nations Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the United Nations Programme of Action on Small Arms and Light Weapons.

Article 15. Weapons of Mass Destruction

1. The Parties consider that the proliferation of nuclear, chemical and biological weapons of mass destruction and their means of delivery, both to State and non-State actors, represents one of the most serious threats to international stability and security.

2. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery, through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations.

3. The Parties agree that this provision constitutes an essential element of this Agreement.

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  • Part   I GENERAL AND INSTITUTIONAL PROVISIONS 1
  • Title   I Nature and Scope of this Agreement 1
  • Article   1 Principles 1
  • Article   2 Objectives 1
  • Article   3 Scope 1
  • Title   II Institutional Framework 1
  • Article   4 Association Council 1
  • Article   5 Composition and Rules of Procedures 1
  • Article   6 Decision-making Powers 1
  • Article   7 Association Committee 1
  • Article   8 Sub-committees 1
  • Article   9 Association Parliamentary Committee 1
  • Article   10 Joint Consultative Committee 1
  • Article   11 Civil Society 1
  • Part   II Political Dialogue 1
  • Article   12 Objectives 1
  • Article   13 Areas 1
  • Article   14 Disarmament 1
  • Article   15 Weapons of Mass Destruction 1
  • Article   16 Fight Against Terrorism 2
  • Article   17 Serious Crimes of International Concern 2
  • Article   18 Finance for Development 2
  • Article   19 Migration 2
  • Article   20 Environment 2
  • Article   21 Citizen Security 2
  • Article   22 Good Governance In the Tax Area 2
  • Article   23 Common Economic-financial Credit Fund 2
  • Part   III COOPERATION 2
  • Article   24 Objectives 2
  • Article   25 Principles 2
  • Article   26 Modalities and Methodology 2
  • Article   27 Evolutionary Clause 2
  • Article   28 Statistics Cooperation 2
  • Title   I Democracy, Human Rights and Good Governance 2
  • Article   29 Democracy and Human Rights 2
  • Article   30 Good Governance 2
  • Article   31 Modernisation of the State and Public Administration, Including Decentralisation 2
  • Article   32 Conflict Prevention and Resolution 2
  • Article   33 Reinforcement of Institutions and Rule of Law 2
  • Title   II Justice, Freedom and Security 2
  • Article   34 Personal Data Protection 2
  • Article   35 Illicit Drugs 2
  • Article   36 Money Laundering, Including the Financing of Terrorism 2
  • Article   37 Organised Crime and Citizen Security 2
  • Article   38 The Fight Against Corruption 2
  • Article   39 Illicit Trafficking of Small Arms and Light Weapons 3
  • Article   40 The Fight Against Terrorism with Full Respect for Human Rights 3
  • Title   III Social Development and Social Cohesion 3
  • Article   41 Social Cohesion Including the Fight Against Poverty, Inequalities and Exclusion 3
  • Article   42 Employment and Social Protection 3
  • Article   43 Education and Training 3
  • Article   44 Public Health 3
  • Article   45 Indigenous Peoples and other Ethnic Groups 3
  • Article   46 Vulnerable Groups 3
  • Article   47 Gender 3
  • Article   48 Youth 3
  • Title   IV Migration 3
  • Article   49 Migration 3
  • Title   V Environment, Natural Disasters and Climate Change 3
  • Article   50 Cooperation on Environment 3
  • Article   51 Management of Natural Disasters 3
  • Title   VI Economic and Trade Development 3
  • Article   52 Cooperation and Technical Assistance In the Field of Competition Policy 3
  • Article   53 Customs Cooperation and Mutual Assistance 3
  • Article   54 Cooperation and Technical Assistance on Customs and Trade Facilitation 3
  • Article   55 Cooperation and Technical Assistance on Intellectual Property and Technology Transfer 3
  • Article   56 Cooperation on Establishment, Trade In Services and Electronic Commerce 3
  • Article   57 Cooperation and Technical Assistance on Technical Barriers to Trade 4
  • Article   58 Cooperation and Technical Assistance on Government Procurement 4
  • Article   59 Cooperation and Technical Assistance on Fisheries and Aquaculture 4
  • Article   60 Cooperation and Technical Assistance on Artisanal Goods 4
  • Article   61 Cooperation and Technical Assistance on Organic Goods 4
  • Article   62 Cooperation and Technical Assistance on Food Safety, Sanitary and Phytosanitary Matters and Animal Welfare Issues 4
  • Article   63 Cooperation and Technical Assistance on Trade and Sustainable Development 4
  • Article   64 Industrial Cooperation 4
  • Article   65 Energy (including Renewable Energy) 4
  • Article   66 Cooperation on Mining 4
  • Article   67 Fair and Sustainable Tourism 4
  • Article   68 Transport Cooperation 4
  • Article   69 Good Governance In the Tax Area 4
  • Article   70 Micro, Small and Medium Enterprises 4
  • Article   71 Cooperation on Microcredit and Microfinance 4
  • Title   VII Regional Integration 4
  • Article   72 Cooperation In the Field of Regional Integration 4
  • Article   73 Regional Cooperation 4
  • Title   VIII Culture and Audio-visual Cooperation 4
  • Article   74 Culture and Audio-visual Cooperation 4
  • Section   TITLE IX Knowledge Society 4
  • Article   75 Information Society 4
  • Article   76 Scientific and Technological Cooperation 4
  • Part   IV TRADE 5
  • Title   I INITIAL PROVISIONS 5
  • Article   77 Establishment of a Free Trade Area and Relation to the Wto Agreement 5
  • Article   78 Objectives 5
  • Article   79 Definitions of General Application 5
  • Title   II TRADE IN GOODS 5
  • Chapter   1 National Treatment and Market Access for Goods 5
  • Section   A General Provisions 5
  • Article   80 Objective 5
  • Article   81 Scope 5
  • Section   B Elimination of Custom Duties 5
  • Article   82 Classification of Goods 5
  • Article   83 Elimination of Customs Duties 5
  • Article   84 Standstill 5
  • Section   C Non-tariff Measures 5
  • Article   85 National Treatment 5
  • Article   86 Import and Export Restrictions 5
  • Article   87 Fees and other Charges on Imports and Exports 5
  • Article   88 Duties or Taxes on Exports 5
  • Section   D Agriculture 5
  • Article   89 Agricultural Export Subsidies 5
  • Section   E Fisheries, Aquaculture, Artisanal Goods and Organic Products 5
  • Article   90 Technical Cooperation 5
  • Section   F Institutional Provisions 5
  • Article   91 Sub-committee on Market Access for Goods 5
  • Chapter   2 Trade Remedies 5
  • Section   A Anti-dumping and Countervailing Measures 5
  • Article   92 General Provisions 5
  • Article   93 Transparency and Legal Certainty 5
  • Article   94 Consideration of Public Interest 5
  • Article   95 Lesser Duty Rule 5
  • Article   96 Causal Link 5
  • Article   97 Cumulative Assessment 5
  • Article   98 Exclusion from Dispute Settlement Procedures 5
  • Section   B Safeguard Measures 5
  • Subsection   B.1 General Provisions 5
  • Article   99 Administration of Safeguard Proceedings 5
  • Article   100 Non Cumulation 5
  • Subsection   B.2 Multilateral Safeguard Measures 5
  • Article   101 General Provisions 5
  • Article   102 Transparency 5
  • Article   103 Exclusion from Dispute Settlement Procedures 5
  • Subsection   B.3 Bilateral Safeguard Measures 5
  • Article   104 Application of a Bilateral Safeguard Measure 5
  • Article   105 Conditions and Limitations 5
  • Article   106 Provisional Measures 5
  • Article   107 Compensation and Suspension of Concessions 5
  • Article   108 Time Lapse In between Two Measures 5
  • Article   109 Outermost Regions 5
  • Subsection   B.4 Procedural Rules Applicable to Bilateral Safeguard Measures 5
  • Article   110 Applicable Law 5
  • Article   111 Initiation of a Proceeding 5
  • Article   112 Investigation 5
  • Article   113 Evidence of Injury and Causal Link 6
  • Article   114 Hearings 6
  • Article   115 Confidential Information 6
  • Article   116 Notifications and Publications 6
  • Chapter   3 Customs and Trade Facilitation 6
  • Article   117 Objectives 6
  • Article   118 Customs and Trade-related Procedures 6
  • Article   119 Transit Movements 6
  • Article   120 Relations with the Business Community 6
  • Article   121 Customs Valuation 6
  • Article   122 Risk Management 6
  • Article   123 Sub-committee on Customs, Trade Facilitation and Rules of Origin 6
  • Article   124 Cooperation and Technical Assistance on Customs and Trade Facilitation 6
  • Chapter   4 Technical Barriers to Trade 6
  • Article   125 Objectives 6
  • Article   126 General Provisions 6
  • Article   127 Scope and Coverage 6
  • Article   128 Definitions 6
  • Article   129 Technical Regulations 6
  • Article   130 Standards 6
  • Article   131 Conformity Assessment and Accreditation 6
  • Article   132 Special and Differential Treatment 6
  • Article   133 Cooperation and Technical Assistance 6
  • Article   134 Collaboration and Regional Integration 6
  • Article   135 Transparency and Notification Procedures 6
  • Article   136 Market Surveillance 6
  • Article   137 Fees 6
  • Article   138 Marking and Labelling 6
  • Article   139 Sub-committee on Technical Barriers to Trade 7
  • Chapter   5 Sanitary and Phytosanitary Measures 7
  • Article   140 Objectives 7
  • Article   141 Multilateral Rights and Obligations 7
  • Article   142 Scope 7
  • Article   143 Definitions 7
  • Article   144 Competent Authorities 7
  • Article   145 General Principles 7
  • Article   146 Import Requirements 7
  • Article   147 Trade Facilitation 7
  • Article   148 Verifications 7
  • Article   149 Measures Linked to Animal and Plant Health 7
  • Article   150 Equivalence 7
  • Article   151 Transparency and Exchange of Information 7
  • Article   152 Notification and Consultation 7
  • Article   153 Emergency Measures 7
  • Article   154 Cooperation and Technical Assistance 7
  • Article   155 Special and Differential Treatment 7
  • Article   156 Sub-committee on Sanitary and Phytosanitary Matters 7
  • Article   157 Dispute Settlement 7
  • Chapter   6 Exceptions Related to Goods 7
  • Article   158 General Exceptions 7
  • Title   III ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE 7
  • Chapter   1 General Provisions 7
  • Article   159 Objective, Scope and Coverage 7
  • Article   160 Definitions 7
  • Article   161 Cooperation on Establishment, Trade In Services and E-commerce 7
  • Chapter   2 Establishment 7
  • Article   162 Definitions 7
  • Article   163 Coverage 7
  • Article   164 Market Access 8
  • Article   165 National Treatment 8
  • Article   166 Lists of Commitments 8
  • Article   167 Other Agreements 8
  • Article   168 Review 8
  • Chapter   3 Cross-border Supply of Services 8
  • Article   169 Coverage and Definitions 8
  • Article   170 Market Access 8
  • Article   171 National Treatment 8
  • Article   172 Lists of Commitments 8
  • Chapter   4 Temporary Presence of Natural Persons for Business Purposes 8
  • Article   173 Coverage and Definitions 8
  • Article   174 Key Personnel and Graduate Trainees 8
  • Article   175 Business Services Sellers 8
  • Article   176 Contractual Services Suppliers and Independent Professionals 8
  • Chapter   5 Regulatory Framework 8
  • Section   A Provisions of General Application 8
  • Article   177 Mutual Recognition 8
  • Article   178 Transparency and Disclosure of Confidential Information 8
  • Article   179 Procedures 8
  • Section   B Computer Services 8
  • Article   180 Understanding on Computer Services 8
  • Section   C Courier Services 8
  • Article   181 Scope and Definitions 8
  • Article   182 Prevention of Anti-competitive Practices In the Courier Sector 8
  • Article   183 Licences 8
  • Article   184 Independence of the Regulatory Bodies 8
  • Section   D Telecommunications Services 8
  • Article   185 Definitions and Scope 8
  • Article   186 Regulatory Authority 8
  • Article   187 Authorisation to Provide Telecommunications Services  (23) 8
  • Article   188 Competitive Safeguards on Major Suppliers 9
  • Article   189 Interconnection  (25) 9
  • Article   190 Scarce Resources 9
  • Article   191 Universal Service 9
  • Article   192 Confidentiality of Information 9
  • Article   193 Disputes between Suppliers 9
  • Article   194 Scope and Definitions 9
  • Article   195 Prudential Carve-out 9
  • Article   196 Effective and Transparent Regulation 9
  • Article   197 New Financial Services 9
  • Article   198 Data Processing 9
  • Article   199 Specific Exceptions 9
  • Section   F International Maritime Transport Services 9
  • Article   200 Scope, Definitions and Principles 9
  • Chapter   6 Electronic Commerce 9
  • Article   201 Objective and Principles 9
  • Article   202 Regulatory Aspects of E-commerce 9
  • Chapter   7 Exceptions 9
  • Article   203 General Exceptions 9
  • Title   IV Current Payments and Capital Movements 9
  • Article   204 Objective and Scope 9
  • Article   205 Current Account 9
  • Article   206 Capital Account 9
  • Article   207 Safeguard Measures 9
  • Article   208 Final Provisions 10
  • Title   V Government Procurement 10
  • Article   209 Introduction 10
  • Article   210 Scope and Coverage 10
  • Article   211 General Principles 10
  • Article   212 Publication of Procurement Information 10
  • Article   213 Publication of Notices 10
  • Article   214 Conditions for Participation 10
  • Article   215 Qualification or Registration of Suppliers 10
  • Article   216 Technical Specifications 10
  • Article   217 Tender Documentation 10
  • Article   218 Time Periods 10
  • Article   219 Negotiations 10
  • Article   220 The Use of Limited Tendering or other Equivalent Tendering Procedures 10
  • Article   221 Electronic Auctions 11
  • Article   222 Treatment of Tenders and Award of Contracts 11
  • Article   223 Transparency of Procurement Information 11
  • Article   224 Disclosure of Information 11
  • Article   225 Domestic Review Procedures 11
  • Article   226 Modifications and Rectifications of Coverage 11
  • Article   227 Cooperation and Technical Assistance on Government Procurement 11
  • Title   VI INTELLECTUAL PROPERTY 11
  • Chapter   1 Objectives and Principles 11
  • Article   228 Objectives 11
  • Article   229 Nature and Scope of Obligations 11
  • Article   230 Most Favoured Nation and National Treatment 11
  • Article   231 Transfer of Technology 11
  • Article   232 Exhaustion 11
  • Chapter   2 Standards Concerning Intellectual Property Rights 11
  • Section   A Copyrights and Related Rights 11
  • Article   233 Protection Granted 11
  • Article   234 Duration of Authors' Rights 11
  • Article   235 Duration of Related Rights 11
  • Article   236 Collective Management of Rights 11
  • Article   237 Broadcasting and Communication to the Public 11
  • Section   B Trademarks 11
  • Article   238 International Agreements 11
  • Article   239 Registration Procedure 11
  • Article   240 Well-known Trademarks 11
  • Article   241 Exceptions to the Rights Conferred by a Trademark 11
  • Section   C Geographical Indications 11
  • Article   242 General Provisions 11
  • Article   243 Scope and Coverage 11
  • Article   244 System of Protection 11
  • Article   245 Established Geographical Indications 11
  • Article   246 Protection Granted 11
  • Article   247 Addition of New Geographical Indications 11
  • Article   248 Relationship between Geographical Indications and Trademarks 11
  • Article   249 Right of Use of Geographical Indications 11
  • Article   250 Dispute Settlement 12
  • Section   D Industrial Designs 12
  • Article   251 International Agreements 12
  • Article   252 Requirements for Protection 12
  • Article   253 Exceptions 12
  • Article   254 Rights Conferred 12
  • Article   255 Term of Protection 12
  • Article   256 Invalidity or Refusal of Registration 12
  • Article   257 Relationship to Copyright 12
  • Section   E Patents 12
  • Article   258 International Agreements 12
  • Section   F Plant Varieties 12
  • Article   259 Plant Varieties 12
  • Chapter   3 Enforcement of Intellectual Property Rights 12
  • Article   260 General Obligations 12
  • Article   261 Entitled Applicants 12
  • Article   262 Evidence 12
  • Article   263 Measures for Preserving Evidence 12
  • Article   264 Right of Information 12
  • Article   265 Provisional and Precautionary Measures 12
  • Article   266 Corrective Measures 12
  • Article   267 Damages 12
  • Article   268 Legal Costs 12
  • Article   269 Publication of Judicial Decisions 12
  • Article   270 Presumption of Ownership 12
  • Article   271 Criminal Sanctions 12
  • Article   272 Limitations on Liability for Service Providers 12
  • Article   273 Border Measures 12
  • Chapter   4 Institutional Provisions 12
  • Article   274 Sub-committee on Intellectual Property 12
  • Article   275 Cooperation and Technical Assistance on Intellectual Property 12
  • Article   276 Final Provisions 12
  • Title   VII Trade and Competition 12
  • Article   277 Definitions 12
  • Article   278 Principles 12
  • Article   279 Implementation 12
  • Article   280 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights Including Designated Monopolies 12
  • Article   281 Exchange of Non Confidential Information and Enforcement Cooperation 12
  • Article   282 Cooperation and Technical Assistance 12
  • Article   283 Dispute Settlement 12
  • Title   VIII Trade and Sustainable Development 12
  • Article   284 Context and Objectives 12
  • Article   285 Right to Regulate and Levels of Protection 12
  • Article   286 Multilateral Labour Standards and Agreements 12
  • Article   287 Multilateral Environmental Standards and Agreements 13
  • Article   288 Trade Favouring Sustainable Development 13
  • Article   289 Trade In Forest Products 13
  • Article   290 Trade In Fish Products 13
  • Article   291 Upholding Levels of Protection 13
  • Article   292 Scientific Information 13
  • Article   293 Sustainability Review 13
  • Article   294 Institutional and Monitoring Mechanism 13
  • Article   295 Civil Society Dialogue Forum 13
  • Article   296 Government Consultations 13
  • Article   297 Panel of Experts 13
  • Article   298 Composition of the Panel of Experts 13
  • Article   299 Rules of Procedure 13
  • Article   300 Initial Report 13
  • Article   301 Final Report 13
  • Article   302 Cooperation and Technical Assistance on Trade and Sustainable Development 13
  • Title   IX Regional Economic Integration 13
  • Article   303 General Provisions 13
  • Article   304 Customs Procedures 13
  • Article   305 Technical Barriers to Trade 13
  • Article   306 Sanitary and Phytosanitary Measures 13
  • Article   307 Implementation 13
  • Title   X DISPUTE SETTLEMENT 13
  • Chapter   1 Objective and Scope 13
  • Article   308 Objective 13
  • Article   309 Scope 13
  • Chapter   2 Consultations 13
  • Article   310 Consultations 13
  • Chapter   3 Dispute Settlement Procedures 14
  • Section   A Panel Procedure 14
  • Article   311 Initiation of the Panel Procedure 14
  • Article   312 Establishment of the Panel 14
  • Article   313 Panel Ruling 14
  • Section   B Compliance 14
  • Article   314 Compliance with the Panel Ruling 14
  • Article   315 The Reasonable Period of Time for Compliance 14
  • Article   316 Review of Any Measure Taken to Comply with the Panel Ruling 14
  • Article   317 Temporary Remedies In Case of Non-compliance 14
  • Article   318 Review of Any Measure Taken to Comply after the Suspension of Obligations 14
  • Section   C Common Provisions 14
  • Article   319 Rules of Procedure 14
  • Article   320 Information and Technical Advice 14
  • Article   321 Amicus Curiae 14
  • Article   322 Rules and Principles of Interpretation 14
  • Article   323 Common Provisions Regarding the Panel Rulings 14
  • Chapter   4 General Provisions 14
  • Article   324 Mutually Satisfactory Solution 14
  • Article   325 List of Panelists 14
  • Article   326 Relation with WTO Obligations 14
  • Article   327 Time Periods 14
  • Article   328 Adoption and Modification of the Rules of Procedure and the Code of Conduct 14
  • Title   XI MEDIATION MECHANISM FOR NON-TARIFF MEASURES 14
  • Chapter   1 Scope 14
  • Article   329 Scope 14
  • Chapter   2 Procedure Under the Mediation Mechanism 14
  • Article   330 Initiation of the Procedure 14
  • Article   331 Selection of the Mediator 14
  • Article   332 Rules of the Mediation Procedure 14
  • Chapter   3 Implementation 14
  • Article   333 Implementation of a Mutually Agreed Solution 14
  • Chapter   4 General Provisions 14
  • Article   334 Relationship to Title X on Dispute Settlement 14
  • Article   335 Time Periods 14
  • Article   336 Confidentiality of Information 14
  • Article   337 Costs 14
  • Title   XII TRANSPARENCY AND ADMINISTRATIVE PROCEDURES 14
  • Article   338 Cooperation on Increased Transparency 14
  • Article   339 Publication 15
  • Article   340 Contact Points and Exchange of Information 15
  • Article   341 Administrative Proceedings 15
  • Article   342 Review and Appeal 15
  • Article   343 Specific Rules 15
  • Article   344 Transparency In Subsidies 15
  • Title   XIII SPECIFIC TASKS IN TRADE MATTERS OF THE BODIES ESTABLISHED UNDER THIS AGREEMENT 15
  • Article   345 Specific Tasks of the Association Council 15
  • Article   346 Specific Tasks of the Association Committee 15
  • Article   347 Coordinators of Part IV of this Agreement 15
  • Article   348 Sub-committees 15
  • Title   XIV EXCEPTIONS 15
  • Article   349 Balance of Payments 15
  • Article   350 Taxation 15
  • Article   351 Regional Preference 15
  • Part   V Final Provisions 15
  • Article   352 Definition of the Parties 15
  • Article   353 Entry Into Force 15
  • Article   354 Duration 15
  • Article   355 Fulfilment of the Obligations 15
  • Article   356 Rights and Obligations Under this Agreement 15
  • Article   357 Exceptions 15
  • Article   358 Future Developments 15
  • Article   359 Accession of New Members 15
  • Article   360 Territorial Application 15
  • Article   361 Reservations and Interpretative Declarations 15
  • Article   362 Annexes, Appendices, Protocols and Notes, Footnotes and Joint Declarations 15
  • Article   363 Authentic Texts 16