Central America - EU Association Agreement (2012)
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Article 221. Electronic Auctions

Where a procuring entity intends to conduct a covered procurement using an electronic auction, the entity shall provide each participant, before commencing the electronic auction, with:

(a) the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;

(b) the results of any initial evaluation of the elements of its tender where the contract is to be awarded on the basis of the most advantageous tender; and

(c) any other relevant information relating to the conduct of the auction.

Article 222. Treatment of Tenders and Award of Contracts

1. A procuring entity shall receive, open and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process, and the confidentiality of tenders.

2. To be considered for an award, a tender shall be in writing and shall, at the time of opening, comply with the essential requirements set out in the tender documentation and, where applicable, in the notices, and be from a supplier that satisfies the conditions for participation.

3. Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted the most advantageous tender or where price is the sole criterion, the lowest price.

4. Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for participation and is capable of fulfilling the terms of the contract.

Article 223. Transparency of Procurement Information

1. A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, upon request, shall do so in writing. Subject to paragraphs 2 and 3 of Article 224, a procuring entity shall, upon request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender.

2. After the award of each contract covered by this Title, a procuring entity shall, as early as possible, according to the time limits established in each Party's legislation, publish a notice in the appropriate paper or electronic media listed in Appendix 3 (Media for Publication of Notices) to Annex XVI. Where only an electronic medium is used, the information shall remain readily available for a reasonable period of time. The notice shall include at least the information set out in Appendix 7 (Award Notices) to Annex XVI.

Article 224. Disclosure of Information

1. Upon request of the other Party, each Party shall promptly provide all relevant information about the adjudication of a covered procurement, in order to determine if the procurement was made in accordance with the rules of this Title. In cases where release of this information would prejudice competition in future tenders, the Party that receives that information shall not disclose it to any supplier, except after consultation with, and agreement of, the Party that provided the information.

2. Notwithstanding any other provision of this Title, a Party, including its procuring entities, shall not provide to any supplier information that might prejudice fair competition between suppliers.

3. Nothing in this Title shall be construed to require a Party, including its procuring entities, authorities and review bodies, to disclose confidential information where disclosure would impede law enforcement; might prejudice fair competition between suppliers; would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or would otherwise be contrary to the public interest.

Article 225. Domestic Review Procedures

1. Each Party shall establish or maintain timely, effective, transparent and non-discriminatory administrative or judicial review procedures through which a supplier may present a challenge with respect to the obligations of a Party and its entities under this Title that may arise in the context of a covered procurement, in which the supplier has, or has had, an interest. The procedural rules for all challenges shall be in writing and made generally available.

2. Each Party may foresee in its domestic legislation, that in the event of a complaint by a supplier arising in the context of a covered procurement, it shall encourage its procuring entity and the supplier to seek resolution of the complaint through consultation. The procuring entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or his right to seek corrective measures under the administrative or judicial review procedure.

3. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than ten days from the time when the basis of the challenge became known or reasonably should have become known to the supplier.

4. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.

5. Where a body other than an authority referred to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge. A review body that is not a court shall either be subject to judicial review or have procedural guarantees that provide for:

(a) the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body;

(b) the participants to the proceedings (hereinafter referred to as "the participants") shall have the right to be heard prior to a decision of the review body being made on the challenge;

(c) the participants shall have the right to be represented and accompanied;

(d) the participants shall have access to all proceedings; and

(e) decisions or recommendations relating to challenges by suppliers shall be provided, within a reasonable time, in writing, with an explanation of the basis for each decision or recommendation.

6. Each Party shall adopt or maintain procedures that provide for:

(a) prompt interim measures to preserve the supplier's opportunity to participate in the procurement. Such interim measures may result in suspension of the procurement process. The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Just cause for not acting shall be provided in writing; and

(b) corrective action or compensation for the loss or damages suffered, in accordance with each Party's legislation, in cases where a review body has determined that there has been a breach or a failure as set out in paragraph 1.

Article 226. Modifications and Rectifications of Coverage

1. The EU Party shall address modifications and rectifications of coverage through bilateral negotiations with each Republic of the CA Party concerned. Inversely, each Republic of the CA Party shall address modifications and rectifications of coverage through bilateral negotiations with the EU Party. Where a Party has the intention of modifying its coverage of procurement under this Title, the Party shall:

(a) notify the other Party or Parties concerned in writing; and

(b) include in the notification a proposal of appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.

2. Notwithstanding subparagraph 1(b), a Party does not need to provide compensatory adjustments where:

(a) the modification in question is a minor amendment or rectification of a purely formal nature; or

(b) the proposed modification refers to an entity over which the Party has effectively eliminated its control or influence. The Parties may make minor amendments or rectifications of a purely formal nature to their coverage under this Title, in accordance with the provisions of Title XIII (Specific Tasks in Trade Matters of the Bodies established under this Agreement) of Part IV of this Agreement.

3. If the EU Party or the Republic of the CA Party concerned does not agree that:

(a) the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage;

(b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or

(c) the proposed modification refers to an entity over which the Party has effectively eliminated its control or influence under subparagraph 2(b), it must object in writing within thirty days of receipt of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modification including for the purposes of Title X (Dispute Settlement) of Part IV of this Agreement.

4. Where the Parties concerned have agreed on the proposed modification, rectification, or minor amendment, including where no objection has been made within thirty days under paragraph 3, the modifications shall be made in conformity with the provisions of paragraph 6.

5. The EU Party and each Republic of the CA Party may at any time engage in bilateral negotiations concerning the broadening of the market access mutually granted under this Title, in conformity with the relevant institutional and procedural arrangements foreseen in this Agreement.

6. The Association Council shall modify the relevant parts of Sections A, B or C of Appendix 1 (Coverage) to Annex XVI in order to reflect any modification agreed by the Parties, technical rectification, or minor amendment.

Article 227. Cooperation and Technical Assistance on Government Procurement

The Parties agree that it is in their common interest to promote mutual cooperation and technical assistance initiatives on issues related to government procurement. In this sense, the Parties have identified a number of cooperation activities which are set out in Article 58 of Title VI (Economic and Trade Development) of Part III of this Agreement.

Title VI. INTELLECTUAL PROPERTY

Chapter 1. Objectives and Principles

Article 228. Objectives

The objectives of this Title are to:

(a) ensure an adequate and effective protection of intellectual property rights in the territories of the Parties, taking into consideration the economical situation and the social or cultural need of each Party;

(b) promote and encourage technology transfer between both regions in order to enable the creation of a sound and viable technological base in the Republics of the CA Party; and

(c) promote technical and financial cooperation in the area of intellectual property rights between both regions.

Article 229. Nature and Scope of Obligations

1. The Parties shall ensure an adequate and effective implementation of the international treaties dealing with intellectual property to which they are parties, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "TRIPS Agreement"). The provisions of this Title shall complement and further specify the rights and obligations between the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property.

2. Intellectual Property and Public Health:

(a) the Parties recognise the importance of the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November, 2001 by the Ministerial Conference of the World Trade Organisation. In interpreting and implementing the rights and obligations under this Title, the Parties shall ensure consistency with this Declaration;

(b) the Parties shall contribute to the implementation and respect the Decision of the WTO General Council of 30 August, 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol amending the TRIPS Agreement, done at Geneva on 6 December, 2005.

3. (a) For the purposes of this Agreement, intellectual property rights embody copyright, including copyright in computer programs and in databases, and related rights; rights related to patents; trademarks; trade names; industrial designs; layout-designs (topographies) of integrated circuits; geographical indications, including designations of origin; plant varieties and protection of undisclosed information;

(b) for the purposes of this Agreement, as regards unfair competition, protection will be granted in accordance with Article 10bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) (hereinafter referred to as the "Paris Convention").

4. The Parties recognise the sovereign right of States over their natural resources and the access to their genetic resources in accordance with what is established in the Convention on Biological Diversity (1992). No provision in this Title shall prevent the Parties from adopting or maintaining measures to promote the conservation of biological diversity, the sustainable utilization of its components and the fair and equitable participation in the benefits arising from the utilization of genetic resources, in conformity with what is established in that Convention.

5. The Parties recognise the importance of respecting, preserving and maintaining the indigenous and local communities' knowledge, innovations and practices that involve traditional practices related to the preservation and the sustainable use of biological diversity.

Article 230. Most Favoured Nation and National Treatment

In accordance with Articles 3 and 4 of the TRIPS Agreement and subject to the exceptions foreseen in those provisions, each Party shall accord to the nationals of the other Party:

(a) a treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property; and

(b) any advantage, favour, privilege or immunity it grants to the nationals of any other country with regard to the protection of intellectual property.

Article 231. Transfer of Technology

1. The Parties agree to exchange views and information on their practices and policies affecting transfer of technology, both within their respective regions and with third countries, with a view to creating measures to facilitate information flows, business partnerships, and the award of licenses and subcontracting. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for technology transfer between the Parties, including, among others, issues such as development of human capital and legal framework.

2. The Parties recognise the importance of education and professional training for the transfer of technology which may be accomplished through academic, professional and/or business exchange programs directed to the transmission of knowledge between the Parties (33).

3. The Parties shall take measures, as appropriate, to prevent or control licensing practices or conditions pertaining to intellectual property rights which may adversely affect the international transfer of technology and that constitute an abuse of intellectual property rights by right holders or an abuse of obvious asymmetries of information in the negotiation of licences.

4. The Parties recognise the importance of creating mechanisms that strengthen and promote investment in the Republics of the CA Party, especially in innovative and high-tech sectors. The EU Party shall make its best efforts to offer to the institutions and enterprises in its territories incentives destined to promote and to favour the transfer of technology to institutions and enterprises of the Republics of the CA Party, in such a way as to allow them to establish a viable technological platform.

5. The actions described to attain the objectives set forth in this Article are set out in Article 55 of Title VI (Economic and Trade Development) of Part III of this Agreement.

(33) The EU Party shall promote that the academic exchanges take the form of grants and that the professional and business exchanges take the form of internships in organisations of the European Union, strengthening of MSMEs, development of innovating industries and creation of professional clinics so that the acquired knowledge may be applied in the Central American region.

Article 232. Exhaustion

The Parties shall be free to establish their own regime for exhaustion of intellectual property rights, subject to the provisions of the TRIPS Agreement.

Chapter 2. Standards Concerning Intellectual Property Rights

Section A. Copyrights and Related Rights

Article 233. Protection Granted

The Parties shall comply with:

(a) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961) (hereinafter referred to as the "Rome Convention");

(b) the Berne Convention for the Protection of Literary and Artistic Works (1886, lastly amended in 1979) (hereinafter referred to as the "Berne Convention");

(c) the World Intellectual Property Organisation Copyright Treaty (Geneva, 1996) (hereinafter referred to as the "WCT"); and

(d) the World Intellectual Property Organisation Performances and Phonograms Treaty (Geneva, 1996) (hereinafter referred to as the "WPPT").

Article 234. Duration of Authors' Rights

The Parties agree that for the calculation of the term of protection of author's rights, the rules established in Article 7 and 7bis of the Berne Convention shall apply for the protection of literary and artistic works, with the proviso that the minimum duration of the terms of protection defined in paragraphs 1, 2, 3 and 4 of Article 7 of the Berne Convention shall be of seventy years.

Article 235. Duration of Related Rights

The Parties agree that for the calculation of the term of protection of the rights of performers, producers of phonograms and broadcasting organizations, the provisions established in Article 14 of the Rome Convention shall apply with the proviso that the minimum duration of the terms of protection defined in Article 14 of the Rome Convention shall be of fifty years.

Article 236. Collective Management of Rights

The Parties recognise the importance of the performance of the collecting societies, and the establishment of arrangements between them, with the purpose of mutually ensuring easier access and delivery of content between the territories of the Parties, and the achievement of a high level of development with regard to the execution of their tasks.

Article 237. Broadcasting and Communication to the Public

1. For the purpose of this provision, communication to the public of a performance or a phonogram means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For purposes of this Article, "communication to the public" includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

2. In accordance with domestic law, the Parties shall provide for performers the exclusive right to authorise or prohibit the broadcasting and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

3. Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes, for broadcasting or for any communication to the public. The Parties may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of this remuneration between both categories of right holders.

4. The Parties shall provide broadcasting organizations with the exclusive right to authorise or prohibit the rebroadcasting by wireless means of their broadcasts, as well as the communication to the public of their television broadcasts, if such communication is made in places accessible to the public against payment of an entrance fee.

5. The Parties may provide in their domestic legislation for limitations or exceptions to the rights set out in paragraphs 2, 3 and 4 only in certain specific cases which do not conflict with a normal exploitation of the subject matter, and do not unreasonably prejudice the legitimate interests of the right holders.

Section B. Trademarks

Article 238. International Agreements

The European Union and the Republics of the CA Party shall make all reasonable efforts to:

(a) ratify or accede to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid, 1989); and

(b) comply with the Trademark Law Treaty (Geneva, 1994).

Article 239. Registration Procedure

The EU Party and the Republics of the CA Party shall provide for a system for the registration of trademarks in which each final decision taken by the relevant trademark administration is duly reasoned and in writing. As such, reasons for the refusal to register a trademark shall be communicated in writing to the applicant who will have the opportunity to contest such refusal and to appeal a final refusal before court. The EU Party and the Republics of the CA Party shall also introduce the possibility to oppose trademark applications. Such opposition proceedings shall be contradictory.

Article 240. Well-known Trademarks

Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark, provided that the use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use. For greater certainty, the Parties may also apply this protection to unregistered well known trademarks.

Article 241. Exceptions to the Rights Conferred by a Trademark

The Parties may establish limited exceptions to the rights conferred by a trademark, such as the fair use of descriptive terms. Such exceptions shall take into account the legitimate interests of the owner of the registered trademark and of third parties.

Section C. Geographical Indications

Article 242. General Provisions

1. The following provisions apply to the recognition and protection of geographical indications which originate in the territories of the Parties.

2. For the purposes of this Agreement, geographical indications are indications which identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

Article 243. Scope and Coverage

1. The Parties reaffirm the rights and obligations established in Part II, Section 3, of the TRIPS Agreement.

2. Geographical indications of a Party to be protected by the other Party shall only be subject to this Article if they are recognised and declared as such in their country of origin.

Article 244. System of Protection

1. The Parties shall maintain or have established systems for the protection of geographical indications in their legislation, by the entry into force of this Agreement in accordance with Article 353, paragraph 5 of Part V.

2. The legislation of the Parties shall contain elements such as:

(a) a register listing geographical indications protected in their respective territories;

(b) an administrative process verifying that geographical indications identify a good as originating in a territory, region or locality of one of the Parties, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;

(c) a requirement that a registered name shall correspond to a specific product or products for which a product specification is laid down, which can only be amended by due administrative process;

(d) control provisions applying to the production of the good or goods;

(e) a right for any operator established in the area and who submits to the system of controls to use the protected name provided that the product conforms to the corresponding specification;

(f) a procedure involving publication of the application that allows the legitimate interests of prior users of names, whether those names are protected as a form of intellectual property or not, to be taken into account.

Article 245. Established Geographical Indications

1. By the entry into force of this Agreement, in accordance with Article 353, paragraph 5 of Part V, the Parties shall: (35)

(a) have finalised the opposition and examination procedures, at least with respect to those geographical indication applications listed in Annex XVII (List of Names to be Applied for Protection as Geographical Indications in the Territory of the Parties) that were not opposed or for which any opposition was rejected due to formal reasons in the course of national registration proceedings;

(b) have initiated the procedures for protecting the geographical indications listed in Annex XVII (List of Names to be Applied for Protection as Geographical Indications in the Territory of the Parties) and the time periods for submitting oppositions have expired, with respect to those geographical indication applications listed in Annex XVII that were opposed, and the oppositions were found to be prima facie meritorious in the course of national registration proceedings;

(c) protect the geographical indications that have been granted protection as such, according to the level of protection established in this Agreement.

2. The Association Council at its first meeting shall adopt a decision including in Annex XVIII (Protected Geographical Indications) all names from Annex XVII (List of Names to be Applied for Protection as Geographical Indications in the Territory of the Parties) that have been protected as geographical indications following their successful examination by the Parties' competent national or regional authorities.

(35) The obligations from paragraph 1 shall be considered as fulfilled when, in the course of the applicable procedures for protection of a name as a geographical indication: (a) the administrative decision rejects the registration of the name; or (b) the administrative decision is challenged under the instances established under each Party's domestic legislation.

Article 246. Protection Granted

1. Geographical indications listed in Annex XVIII (Protected Geographical Indications), as well as those added pursuant to Article 247, shall as a minimum be protected against:

(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;

(b) the use of a protected geographical indication for the same products that are not originating from the designated place of the geographical indication in question even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as "style", "type", "imitation", "like" or similar;

(c) any other practice that misleads the consumer as to the true origin of the product or any other use that constitutes an act of unfair competition in the manner set forth in Article 10bis of the Paris Convention.

2. A geographical indication which has been granted protection in one of the Parties, pursuant to the procedure under Article 245 cannot, in that Party, be deemed to have become generic, as long as it is protected as a geographical indication in the Party of origin.

3. Where a geographical indication contains within it a name which is considered generic in a Party, the use of that generic name on the appropriate good in that Party shall not be considered to be contrary to this Article.

4. For geographical indications other than wines and spirit drinks, nothing in this Agreement shall be construed to require a Party to prevent continued and similar use of a particular geographical indication of the other Party in connection with goods or services by any of its nationals or domiciliaries who have used that geographical indication in good faith and in a continuous manner with regard to the same or related goods or services, in the territory of that Party before the date of entry into force of this Agreement.

Article 247. Addition of New Geographical Indications

1. The Parties agree on the possibility of adding additional geographical indications for wines, spirits, agricultural products and foodstuffs to be protected on the basis of the rules and procedures established in this Title, as applicable. Such geographical indications, following their successful examination by the competent national or regional authorities, shall be included in Annex XVIII (Protected Geographical Indications) in accordance with the relevant rules and procedures for the Association Council.

2. The date of application for protection shall be the date of the transmission of a request to the other Party to protect a geographical indication provided that the formal requirements for such applications are fulfilled.

Article 248. Relationship between Geographical Indications and Trademarks

1. The legislation of the Parties shall ensure that the application for registration of a trademark which corresponds to any of the situations listed in Article 246 for like products (36) is refused where such application for registration is submitted after the date of application for registration of the geographical indication in the territory concerned (37).

2. Similarly, the Parties may, in accordance with their domestic or regional legislation, establish the grounds for rejecting the protection of geographical indications, including the option not to grant protection to a geographical indication where, in the light of a reputed or well-known trademark, protection is liable to mislead consumers as to the true identity of the product.

3. The Parties shall maintain the legal means for any natural or legal person having a legitimate interest, to request the cancelation or invalidation of a trademark or a geographical indication giving reasons for such request.

(36) For the purpose of this Article, the Republics of the CA Party consider that the term "like product" may be understood as "identical or confusingly similar".
(37) For the EU Party, the date of application for protection shall be the date of entry into force of this Agreement for the names listed in Annex XVII.

Article 249. Right of Use of Geographical Indications

Once a geographical indication is protected under this Agreement in a Party different from the Party of origin, the use of such protected name shall not be subject to any registration of users in such Party.

Article 250. Dispute Settlement

  • 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