Central America - EU Association Agreement (2012)
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(7) Where labelling for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective.

Article 139. Sub-committee on Technical Barriers to Trade

1. The Parties hereby establish a Sub-Committee on Technical Barriers to Trade, in accordance with Article 348 and as set out in Annex XXI (Sub-Committees).

2. The Sub-Committee shall have the following functions:

(a) discuss any matter relating to the application of this Chapter that could affect trade between the Parties;

(b) monitor the implementation and administration of this Chapter; promptly addressing any issue that either Party raises related to the development, adoption, application, or enforcement of standards, technical regulations, and conformity assessment procedures; and at either Party's request, consulting on any matter arising under this Chapter;

(c) facilitate the exchange of information on technical regulations, standards and conformity assessment procedures;

(d) provide a forum for discussion in order to solve problems or issues that hinder or limit trade, within the limits of the scope and objective of this Chapter;

(e) enhance cooperation in the development and improvement of standards, technical regulations, and conformity assessment procedures; including the exchange of information between the relevant public or private bodies working on these matters and encourage direct interaction between non-governmental actors, such as standard bodies, accreditators and certifiers;

(f) facilitate the exchange of information about the work being done in non-governmental, regional and multilateral fora engaged in activities related to technical regulations, standardisation and conformity assessment procedures;

(g) explore ways to facilitate trade between the Parties;

(h) report on the cooperation programs established under Article 57 of Title VI (Economic and Trade Development) of Part III of this Agreement, their achievements and the impact of these projects in facilitating trade and in implementing the provisions of this Chapter;

(i) review this Chapter in the light of any developments under the TBT Agreement;

(j) report to the Association Committee on the implementation of the provisions of this Chapter, in particular the advances in the fulfilment of the goals established and the provisions related to special and differential treatment;

(k) take any other steps the Parties consider will assist them in implementing this Chapter;

(l) establish dialogues between regulators in accordance with Article 134(a) of this Chapter and, where appropriate, working groups to discuss different topics of interest to the Parties. The working groups may include or consult with non-governmental experts and stakeholders; and

(m) any other issue instructed by the Association Committee.

Chapter 5. Sanitary and Phytosanitary Measures

Article 140. Objectives

The objectives of this Chapter are to:

(a) protect human, animal or plant life or health in the territory of the Parties while facilitating trade between them under the scope of the implementation of this Chapter;

(b) collaborate for the further implementation of the SPS Agreement;

(c) ensure that sanitary and phytosanitary measures do not create unjustified barriers to trade between the Parties;

(d) consider the asymmetries between the regions;

(e) enhance cooperation in the sanitary and phytosanitary field in line with Part III of this Agreement, with the aim of strengthening the capacities of a Party on sanitary and phytosanitary matters in order to improve access to the market of the other Party whilst safeguarding the level of protection of humans, animals and plants; and

(f) progressively implement the region to region approach in trade of goods subject to sanitary and phytosanitary measures.

Article 141. Multilateral Rights and Obligations

The Parties reaffirm their rights and obligations under the SPS Agreement.

Article 142. Scope

1. This Chapter applies to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.

2. This Chapter shall not apply to the standards, technical regulations and conformity assessment procedures as defined in the TBT Agreement.

3. Additionally, this Chapter shall apply to the cooperation on animal welfare matters.

Article 143. Definitions

For the purposes of this Chapter, the definitions contained in Annex A of the SPS Agreement shall apply.

Article 144. Competent Authorities

The Competent Authorities of the Parties are the authorities competent for the implementation of this Chapter, as provided for in Annex VI (Competent Authorities). The Parties shall, in accordance with Article 151 of this Chapter, inform each other of any change concerning such Competent Authorities.

Article 145. General Principles

1. The sanitary and phytosanitary measures applied by the Parties shall follow the principles established in Article 3 of the SPS Agreement.

2. The sanitary and phytosanitary measures cannot be used so as to create unjustified barriers to trade.

3. The procedures established under the scope of this Chapter shall be applied in a transparent manner, without undue delays and in conditions and requirements including costs, which shall be no higher than the actual cost of the service and be equitable in relation to any fee charged on like domestic products of the Parties.

4. The Parties will neither use the procedures mentioned in paragraph 3 nor the requests of additional information to delay the access to the market without scientific and technical justification.

Article 146. Import Requirements

1. The exporting Party shall ensure that products exported to the importing Party comply with the sanitary and phytosanitary requirements of the importing Party.

2. The importing Party shall ensure that its import conditions are applied in a proportional and non discriminatory manner.

Article 147. Trade Facilitation

1. List of establishments:

(a) For the import of animal products, the exporting Party shall inform the importing Party of its list of establishments complying with the importing Party's requirements;

(b) Upon request of the exporting Party, accompanied by the appropriate sanitary guarantees, the importing Party shall approve establishments as referred to in Annex VII (Requirements and Provisions for Approval of Establishments for Products of Animal Origin) which are situated on the territory of the exporting Party, without prior inspection of individual establishments. Such approval shall be consistent with the requirements and provisions set out in Annex VII, and it is limited to those categories of products for which imports are authorised;

(c) The sanitary guarantees referred in this Article may include relevant and justified information to ensure the sanitary status of the live animals and animal products to be imported;

(d) Unless additional information is requested, the importing Party shall take the necessary legislative or administrative measures, in accordance with its applicable legal procedures, to allow import on that basis within forty working days after having received the request of the exporting Party accompanied by the appropriate sanitary guarantees;

(e) The importing Party will regularly submit a record of rejected requests for approval, including information about the non-conformities upon which the rejection to approve an establishment was based.

2. Import checks and inspection fees: any fees imposed for the procedures on imported products may only cover the cost incurred by the Competent Authority for performing import checks; they shall be no higher than the actual cost of the service and shall be equitable in relation to any fees charged on like domestic products.

Article 148. Verifications

1. In order to maintain confidence in the effective implementation of the provisions of this Chapter and within its scope, each Party has the right to:

(a) carry out verification of all or part of the other Party's authorities' control system, in accordance with the guidelines described in Annex VIII (Guidelines for Conducting Verifications). The expenses of such verification shall be borne by the Party carrying out the verification; and

(b) receive information from the other Party about its control system and be informed of the results of the controls carried out under that system.

2. The Parties shall share the results and conclusions of the verifications carried out in the territory of the other Party and make them publicly available.

3. When the importing Party decides to carry out a verification visit to the exporting Party, this visit shall be notified to the other Party at least sixty working days before such verification is carried out, except in emergency cases or if the Parties concerned agree differently. Any modification to this visit shall be agreed by the Parties concerned.

Article 149. Measures Linked to Animal and Plant Health

1. The Parties shall recognise the concept of pest- or disease-free areas and areas of low pest or disease prevalence, in accordance with the SPS Agreement as well as the standards, guidelines or recommendations of the World Organisation for Animal Health (hereinafter referred to as the "OIE") and the International Plant Protection Convention (hereinafter referred to as the "IPPC"). The Sub-Committee referred to in Article 156 of this Chapter may define further details for the procedure for the recognition of such areas, taking into account the SPS Agreement, the OIE and the IPPC relevant standards, guidelines or recommendations. This procedure will include situations related to outbreaks and reinfestations.

2. When determining pest- or disease-free areas and areas of low pest or disease prevalence, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in such areas.

3. The Parties shall establish close cooperation on the determination of pest- or disease-free areas and areas of low pest and disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the determination of such areas.

4. When determining such areas, whether for the first time or after an outbreak of an animal disease or a re-introduction of a plant pest, the importing Party shall in principle base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with the SPS Agreement, the OIE and the IPPC relevant standards, guidelines or recommendations, and take into consideration the determination made by the exporting Party.

5. If the importing Party does not accept the above mentioned determination made by the exporting Party, it shall explain the reasons and shall be ready to enter into consultations.

6. The exporting Party shall provide the necessary evidence to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures.

7. The Parties recognise the principle of compartmentalisation of the OIE and pest-free production places and sites of the IPPC. They will consider their future recommendations on the matter and the Sub-Committee set up in Article 156 of this Chapter will recommend accordingly.

Article 150. Equivalence

Through the Sub-Committee on Sanitary and Phytosanitary Matters established by Article 156, the Parties may develop provisions on equivalence and will make recommendations according to the procedures set up in the institutional provisions of this Agreement.

Article 151. Transparency and Exchange of Information

The Parties shall:

(a) pursue transparency as regards sanitary and phytosanitary measures applicable to trade;

(b) enhance mutual understanding of each Party's sanitary and phytosanitary measures and their application;

(c) exchange information on matters related to the development and the application of sanitary and phytosanitary measures that affect, or may affect, trade between the Parties with a view to minimising their negative trade effects; and

(d) communicate, upon request of a Party, the requirements that apply to the import of specific products.

Article 152. Notification and Consultation

1. Each Party shall notify in writing to the other Party, within three working days, any serious or significant risk to human, animal or plant life or health, including any food emergencies.

2. Notifications shall be made to the contact points set up in Annex IX (Contact Points and Web-Sites). Written notification means notification by mail, fax or e-mail.

3. Where a Party has serious concerns regarding a risk to human, animal or plant life or health, involving products for which trade takes place, consultations regarding the situation shall, on request, take place as soon as possible. Each Party shall endeavour, in such conditions, to provide all the information necessary to avoid disruptions to trade.

4. Consultations referred to in paragraph 3 could be held by e-mail, video, audio conference or any other means mutually agreed by the Parties. The requesting Party should ensure the preparation of the minutes of the consultation, which shall be formally approved by the Parties.

Article 153. Emergency Measures

1. In case of serious risk to human, animal or plant life or health, the importing Party may take, without previous notification, measures necessary for the protection of human, animal or plant life or health. For consignments in transit between the Parties, the importing Party shall consider the most suitable and proportional solution in order to avoid unnecessary disruptions to trade.

2. The Party taking the measures shall inform the other Party as soon as possible and in any case not later than one working day after the adoption of the measure. The Parties may request any information related to the sanitary and phytosanitary situation and measures adopted and the Parties shall answer as soon as the requested information is available.

3. Upon request of either Party and in accordance with the provisions of Article 152 of this Chapter, the Parties shall hold consultations regarding the situation within fifteen working days of the notification. These consultations will be carried out in order to avoid unnecessary disruptions to trade. The Parties may consider options for the facilitation of the implementation or the replacement of the measures.

Article 154. Cooperation and Technical Assistance

1. The cooperation and technical assistance measures required for the implementation of this Chapter are established in Article 62 of Title VI (Economic and Trade Development) of Part III of this Agreement.

2. The Parties will establish through the Sub-Committee on Sanitary and Phytosanitary Matters set up in Article 156 of this Chapter, a working programme, including the identification of cooperation and technical assistance necessities to build and/or strengthen the capacity of the Parties on human, animal, or plant health and food safety issues of common interest.

Article 155. Special and Differential Treatment

Any Republic of the CA Party may directly consult with the EU Party when it identifies a particular problem related to a proposed measure of the EU Party that may affect their trade. For such consultations, the decisions of the WTO/SPS Committee such as document G/SPS/33 and its modifications may be used as guidance.

Article 156. Sub-committee on Sanitary and Phytosanitary Matters

1. The Parties hereby establish a Sub-Committee on Sanitary and Phytosanitary Matters, in accordance with Article 348 and as set out in Annex XXI (Sub-Committees).

2. The Sub-Committee may address any matter related to the rights and obligations of this Chapter. In particular, it shall have the following responsibilities and functions:

(a) recommend the development of the necessary procedures or arrangements for the implementation of this Chapter;

(b) to monitor the progress of the implementation of this Chapter;

(c) to provide a forum for discussion of problems arising from the application of certain sanitary or phytosanitary measures with a view to reaching mutually acceptable alternatives. To this end, the Sub-Committee shall be convened as a matter of urgency, at the request of a Party, so as to carry out consultations;

(d) to conduct, if necessary, the consultations established in Article 155 of this Chapter concerning the special and differential treatment;

(e) to conduct, if necessary, the consultations established in Article 157 of this Chapter concerning the settlement of disputes arising under this Chapter;

(f) to promote cooperation on animal welfare between the Parties; and

(g) any other issue instructed by the Association Committee.

3. The Sub-Committee shall agree, at its first meeting, on its rules of procedure for approval by the Association Committee.

Article 157. Dispute Settlement

1. When a Party considers that a measure of the other Party is or might be contrary to the obligations under this Chapter, it may request technical consultations in the Sub-Committee established in Article 156. The Competent Authorities identified in Annex VI (Competent Authorities) will facilitate these consultations.

2. Unless otherwise agreed by the Parties to the dispute, when a dispute is the object of consultations in the Sub-Committee according to paragraph 1, those consultations shall replace the consultations foreseen in Article 310 of Title X (Dispute Settlement) of Part IV of this Agreement. Consultations in the Sub-Committee shall be deemed concluded within thirty days following the date of submission of the request, unless the consulting Parties agree to continue with the consultations. These consultations could be made via phone conference, videoconference, or any other means mutually agreed by the Parties.

Chapter 6. Exceptions Related to Goods

Article 158. General Exceptions

1. Article XX of GATT 1994, including its interpretative notes, is incorporated into and made an integral part of this Agreement.

2. The Parties acknowledge that Article XX (b) of GATT 1994 may also apply to environmental measures necessary to protect human, animal, or plant life or health, and that Article XX (g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

3. The Parties acknowledge that, at the request of a Party and prior to taking any measures provided for in Article XX (i) and Article XX (j) of GATT 1994, the exporting Party seeking to take the measures shall supply the other Party with all relevant information. The Parties may agree on any means required to put an end to the conditions necessitating the measures. If no agreement is reached within thirty days, the exporting Party may apply measures under this Article to the exportation of the product concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party seeking to take the measures may apply forthwith the precautionary measures strictly necessary to address the situation and shall promptly inform the other Party.

Title III. ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE

Chapter 1. General Provisions

Article 159. Objective, Scope and Coverage

1. The Parties, reaffirming their commitments under the WTO Agreement, hereby lay down the necessary provisions for the progressive liberalisation of establishment and trade in services and for cooperation on electronic commerce (hereinafter referred to as "e-commerce").

2. Nothing in this Title shall be construed to require the privatisation of public undertakings or public utilities services supply in the exercise of governmental authority or to impose any obligation with respect to government procurement.

3. The provisions of this Title shall not apply to subsidies granted by the Parties.

4. Consistent with the provisions of this Title, each Party retains the right to regulate and to introduce new regulations to meet legitimate national policy objectives.

5. This Title shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

6. Nothing in this Title shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay within its territory, including those measures necessary to protect the integrity, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment (8).

(8) The sole fact of requiring a visa for natural persons of certain country and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment

Article 160. Definitions

For the purposes of this Title:

(a) "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

(b) "measures adopted or maintained by a Party" means measures taken by:

(i) central, regional or local governments and authorities; and

(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

(c) "natural person of a Party" means a national of one of the Member States of the European Union or of a Republic of the CA Party according to their respective legislation;

(d) "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

(e) an "EU Party juridical person" or a "juridical person of a Republic of the CA Party" means a juridical person established in accordance with the laws of a Member State of the European Union or of a Republic of the CA Party respectively, and having its registered office, central administration, or principal place of business within the territory of the EU Party or the territory of a Republic of the CA Party, respectively. Where the juridical person has only its registered office or central administration within the territory of the EU Party or within the territory of a Republic of the CA Party, respectively, it shall not be considered as an EU Party juridical person or a juridical person of a Republic of the CA Party respectively, unless it is engaged in substantive business operations within the territory of a Member State of the European Union or within the territory of a Republic of the CA Party, respectively (9); and

(f) Notwithstanding the preceding subparagraph, shipping companies established outside the EU Party or the Republics of the CA Party and controlled by nationals of a Member State of the European Union or of a Republic of the CA Party, respectively, shall also be beneficiaries of the provisions of this Agreement, if their vessels are registered in accordance with their respective legislation, in that Member State of the European Union or in a Republic of the CA Party and carry the flag of a Member State of the European Union or of a Republic of the CA Party.

(9) In line with its notification of the EC Treaty to the WTO (doc.WT/REG39/1), the EU understands that the concept of "effective and continuous link" with the economy of a Member State enshrined in Article 54 of the Treaty on the Functioning of the European Union (TFEU) is equivalent to the concept of "substantive business operations" provided in Article V, paragraph 6, of the GATS.

Article 161. Cooperation on Establishment, Trade In Services and E-commerce

The Parties agree that it is in their common interest to promote mutual cooperation and technical assistance initiatives on issues related to Establishment, Trade in Services and E-Commerce. In this sense, the Parties have identified a number of cooperation activities which are set out in Article 56 of Title VI (Economic and Trade Development) of Part III of this Agreement.

Chapter 2. Establishment

Article 162. Definitions

For the purposes of this Chapter:

(a) "branch of a juridical person of a Party" means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, does not have to deal directly with such parent body but may transact business at the place of business constituting the extension;

(b) "economic activity" covers the activities committed in Annex X (Lists of Commitments on Establishment). "Economic activity" does not include activities carried out in the exercise of governmental authority, for example, activities carried out neither on a commercial basis nor in competition with one or more economic operators;

(c) "establishment" means:

(i) the constitution, acquisition or maintenance of a juridical person (10); or

(ii) the creation or maintenance of a branch or representative office, within the territory of a Party for the purpose of performing an economic activity;

(d) "investor of a Party" means any natural or juridical person of a Party that seeks to perform or performs an economic activity through setting up an establishment; and

(e) "subsidiary of a juridical person of a Party" means a juridical person which is effectively controlled by another juridical person of that Party (11).

(10) The terms "constitution" and "acquisition" of a juridical person shall be understood as including capital participation in a juridical person with a view to establishing or maintaining lasting economic links.
(11) A juridical person is controlled by another juridical person if the latter has the power to name a majority of its directors or otherwise to legally direct its actions.

Article 163. Coverage

This Chapter applies to measures by the Parties affecting establishment (12) in all economic activities as defined in Article 162, with the exception of:

(a) mining, manufacturing and processing of nuclear materials;

(b) production of or trade in arms, munitions and war material;

(c) audio-visual services; (d) national and inland waterway cabotage transport (13); and

(e) national and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

  • 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