Central America - EU Association Agreement (2012)
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(f) establishing mechanisms for promoting investment between the EU Party and the Republics of the CA Party, and enhancing the capacities of investment promotion agencies in the Republics of the CA Party.

Article 57. Cooperation and Technical Assistance on Technical Barriers to Trade

The Parties recognise the importance of technical cooperation assistance in the field of technical barriers to trade and agree to cooperate among others, in the following areas:

(a) providing expertise, capacity building, including the development and strengthening of relevant infrastructure, training and technical assistance in the areas of technical regulations, standardisation, conformity assessment, accreditation and metrology. This may include activities to facilitate the comprehension and compliance with European Union requirements, in particular by small and medium sized enterprises;

(b) support the harmonisation of technical barriers to trade legislation and procedures within Central America and facilitate the movement of goods within the region;

(c) promoting the active participation of the Republics of the CA Party's representatives in the work of relevant international organisations with a view to increasing the use of international standards;

(d) exchanging information, experiences and good practices to facilitate the implementation of Chapter 4 (Technical Barriers to Trade) of Title II of Part IV of this Agreement. This can involve programmes for trade facilitation in the areas of joint interest, covered by Chapter 4.

Article 58. Cooperation and Technical Assistance on Government Procurement

The Parties recognise the importance of cooperation and technical assistance in the field of government procurement and agree to cooperate as follows:

(a) upon agreement of the Parties concerned, enhance institutional cooperation and facilitate the exchange of information on the legal frameworks concerning government procurement with a possible launch of a dialogue mechanism;

(b) upon request of a Party, provide capacity building and training, including training for the private sector on innovative means of competitive government procurement;

(c) supporting public outreach activities in the Republics of the CA Party related to the provisions of Title V (Government Procurement) of Part IV of this Agreement, to public sector, private sector and civil society, in relation to European Union Procurement Systems and the opportunities that Central American suppliers might have in the European Union;

(d) supporting the development, establishment and functioning of a single point of access to information related to government procurement for the entire Central American region. This single point of access shall function as defined in Articles 212 paragraph 1(d), 213, 215 paragraph 4, and 223 paragraph 2 of Title V (Government Procurement) of Part IV of this Agreement;

(e) improvement of technological capabilities for public entities either in the Central, Sub-central or other procuring entities.

Article 59. Cooperation and Technical Assistance on Fisheries and Aquaculture

1. The Parties recognise the importance of economic, technical and scientific cooperation for the sustainable development of the fisheries and aquaculture sector. The objectives of such cooperation should in particular aim to:

(a) promote the sustainable exploitation and management of fisheries;

(b) promote best practices in fisheries management;

(c) improve the data collection in order to take into account the best available scientific information for resource assessment and management;

(d) strengthen the monitoring, control and surveillance (MCS) system;

(e) fight illegal, unreported and unregulated fishing activities (IUU).

2. The cooperation may involve, among others:

(a) providing technical expertise, support and capacity building for sustainable management of the fisheries' resources, including the development of alternative fisheries;

(b) exchanging information, experiences and capacity building for sustainable social and economic development of the fisheries and aquaculture sector. Particular attention shall be given to the responsible development of artisanal and small scale fisheries and aquaculture and to the diversification of their products and activities, including areas such as the processing industry;

(c) supporting institutional cooperation and facilitating the exchange of information on the legal frameworks concerning fisheries and aquaculture, including any relevant international instruments;

(d) reinforcing cooperation within international organisations and with national and regional fisheries management organisations providing technical assistance, such as workshops and studies, to ensure a better understanding of the added value of international legal instruments in achieving a proper management of marine resources.

Article 60. Cooperation and Technical Assistance on Artisanal Goods

The Parties recognise the importance of cooperation programmes that promote actions that help artisanal goods manufactured in the Republics of the CA Party to benefit from this Agreement. More specifically, cooperation could focus in the following areas:

(a) developing capacities to facilitate market access opportunities for Central American artisanal goods;

(b) capacity building of the Central American entities responsible for export promotion, in particular supporting micro, small and medium size enterprises (hereinafter referred to as "MSMEs") from urban and rural sectors, necessary to manufacture and export artisanal goods, including on customs procedures and technical requirements established in the European Union market;

(c) promotion of the preservation of these cultural products;

(d) supporting the development of infrastructure needed to support MSMEs engaged in the manufacture of artisanal goods;

(e) capacity building to improve the business performance of artisanal goods producers, through training programmes.

Article 61. Cooperation and Technical Assistance on Organic Goods

The Parties recognise the importance of cooperation programs in enhancing the benefits that organic goods produced in the Republics of the CA Party could obtain from this Agreement. More specifically, cooperation may focus, among others, in the following areas:

(a) developing capacities to facilitate market access opportunities for Central American organic goods;

(b) capacity building of the Central American entities responsible for export promotion, in particular supporting MSMEs from urban and rural sectors, necessary for the production and export of organic goods, including on customs procedures, technical regulations and quality standards required in the European Union market;

(c) supporting the development of infrastructure needed to support MSMEs engaged in the production of organic goods;

(d) capacity building to improve the business performance of organic goods producers, through training programs;

(e) cooperation on developing distribution networks in the European Union market.

Article 62. Cooperation and Technical Assistance on Food Safety, Sanitary and Phytosanitary Matters and Animal Welfare Issues

1. Cooperation in this field shall be geared with the aim of strengthening the Parties capacities on sanitary and phytosanitary and animal welfare matters, in order to improve access to the other Party's market whilst safeguarding the level of protection of humans, animals and plants as well as animal welfare.

2. It may involve, among others:

(a) supporting the harmonisation of sanitary and phytosanitary legislation and procedures within Central America and facilitate the movement of goods within the region;

(b) providing expertise on legislative and technical capacity to develop and enforce legislation as well as to develop sanitary and phytosanitary control systems (including eradication programmes, food safety systems and alerts notification), and on animal welfare;

(c) supporting the development and strengthening of institutional and administrative capacities in Central America, both at regional and national level, in order to improve its sanitary and phytosanitary status;

(d) developing capacities in each of the Republics of the CA Party to meet sanitary and phytosanitary requirements in order to improve access to the other Party's market while safeguarding the level of protection;

(e) providing advice and technical assistance on the European Union sanitary and phytosanitary regulatory system and the implementation of the standards required by the European Union market.

3. The Sub-Committee on Sanitary and Phytosanitary Matters, as established in Chapter 5 (Sanitary and Phytosanitary Measures) of Title II (Trade in Goods), Part IV of this Agreement, shall propose the needs for cooperation in order to set up a working programme.

4. The Association Committee shall monitor the progress of the cooperation established under this Article and submit the results of this exercise to the Sub-Committee on Sanitary and Phytosanitary Matters.

Article 63. Cooperation and Technical Assistance on Trade and Sustainable Development

1. The Parties recognise the importance of cooperation and technical assistance in the fields of trade and labour, and trade and environment for achieving the objectives of Title VIII (Trade and Sustainable Development) of Part IV of this Agreement.

2. To complement the activities set out in Title III (Social Development and Social Cohesion) and V (Environment, Natural Disasters and Climate Change) of Part III of this Agreement, the Parties agree to cooperate, including by supporting technical assistance, training and capacity building actions in, inter alia, the following areas:

(a) supporting the development of incentives to foster environmental protection and decent work conditions, especially through the promotion of legal and sustainable trade, for instance through fair and ethical trade schemes, including those involving corporate social responsibility and accountability, as well as related labelling and marketing initiatives;

(b) promoting trade related cooperation mechanisms as agreed by the Parties to help implement the current and future international climate change regime;

(c) promoting trade in products derived from sustainably managed natural resources, including through effective measures regarding wildlife, fisheries and certification of legally and sustainably produced timber. Particular attention shall be paid to voluntary and flexible mechanisms and marketing initiatives aimed to promote environmentally sustainable productive systems;

(d) strengthening institutional frameworks, development and implementation of policies and programs regarding the implementation and enforcement of multilateral environmental agreements and environmental laws, as agreed by the Parties, and developing measures to combat illegal trade with environmental relevance, including through enforcement activities and customs cooperation;

(e) strengthening institutional frameworks, development and implementation of policies and programs regarding Fundamental Principles and Rights at Work (freedom of association and collective bargaining, forced labour, child labour, no employment discrimination) and the implementation and enforcement of International Labour Organization (hereinafter referred to as "ILO") conventions and labour laws, as agreed by the Parties;

(f) facilitating exchange of views on the development of methodologies and indicators for sustainability review and supporting initiatives to jointly review, monitor and assess the contribution to sustainable development of Part IV of this Agreement;

(g) strengthening the institutional capacity on trade and sustainable development issues and supporting the organisation and facilitation of the agreed frameworks for dialogue with civil society on such matters.

Article 64. Industrial Cooperation

1. The Parties agree that industrial cooperation shall promote the modernisation and restructuring of Central American industry and individual sectors, as well as industrial cooperation between economic operators, with the objective of strengthening the private sector under conditions which promote environmental protection.

2. Industrial cooperation initiatives shall reflect the priorities determined by the Parties. They shall take into account the regional aspects of industrial development, promoting trans-national partnerships where relevant. Initiatives shall seek in particular to establish a suitable framework for improving management know-how and promoting transparency as regards markets and conditions for business undertakings.

Article 65. Energy (including Renewable Energy)

1. The Parties agree that their joint objective shall be to foster cooperation in the field of energy, in particular sustainable clean and renewable energy sources, energy efficiency, energy saving technology, rural electrification and regional integration of energy markets, among others as identified by the Parties, and in compliance with domestic legislation.

2. Cooperation may include, among others, the following:

(a) formulation and planning of energy policy, including inter-connected infrastructures of regional importance, improvement and diversification of energy supply and improvement of energy markets, including facilitation of transit, transmission and distribution within the Republics of the CA Party;

(b) management and training for the energy sector and transfer of technology and know-how, including ongoing work on standards relating to energy generating emissions and energy efficiency;

(c) promotion of energy saving, energy efficiency, renewable energy and studying of the environmental impact of energy production and consumption, in particular, its effects on biodiversity, forestry and land use change;

(d) promotion of the application of clean development mechanisms to support the climate change initiatives and its variability.

Article 66. Cooperation on Mining

The Parties agree to cooperate in the field of mining taking into account their respective legislations and internal procedures as well as aspects of sustainable development and including environmental protection and conservation, through initiatives such as promoting exchange of information, experts, experience, development and transfer of technology.

Article 67. Fair and Sustainable Tourism

1. The Parties recognise the importance of the tourism sector for reducing poverty through social and economic development of local communities and the great economic potential of both regions for developing businesses in this field.

2. For this purpose they agree to promote fair and sustainable tourism, in particular to support:

(a) the development of policies to optimise the socio-economic benefits of tourism;

(b) the creation and consolidation of tourism products through the provision of non-financial services, training and technical assistance and services;

(c) the integration of environmental, cultural and social considerations into the development of the tourism sector, including both protection and promotion of cultural patrimony and natural resources;

(d) the involvement of local communities in the process of tourism development, in particular rural and community tourism and ecotourism;

(e) marketing and promotion strategies, the development of institutional capacity and human resources, the promotion of international standards;

(f) the promotion of public-private cooperation and association;

(g) the development of managing plans for national and regional tourism development;

(h) the promotion of information technology in the area of tourism.

Article 68. Transport Cooperation

1. The Parties agree that cooperation in this field shall focus on restructuring and modernising transport and related infrastructure systems, including border crossings, on facilitating and improving the movement of passengers and goods, and on providing better access to urban, air, maritime, inland waterways, rail and road transport markets by refining the management of transport from the operational and administrative points of view and by promoting high operating standards.

2. Cooperation may include the following:

(a) exchanges of information on the Parties' policies, especially regarding urban transport and the interconnection and interoperability of multimodal transport networks and other issues of mutual interest;

(b) the management of inland waterways, roads, railways, ports and airports, including appropriate cooperation between the relevant authorities;

(c) projects for the transfer of European technology in the Global Navigation Satellite System and urban public transport centres;

(d) improvement of safety and pollution prevention standards, including cooperation in the appropriate international forums aiming to ensure better enforcement of international standards; (e) activities that promote the development of aeronautical and maritime transport.

Article 69. Good Governance In the Tax Area

In accordance with their respective competences, the Parties will improve international cooperation in the tax area to facilitate the collection of legitimate tax revenues and develop measures for the effective implementation of common and internationally agreed principles of good governance in the tax area as mentioned in Article 22, Part II of this Agreement.

Article 70. Micro, Small and Medium Enterprises

The Parties agree to promote the competitiveness and insertion of rural and urban MSMEs and their representative organisations, in the international markets, acknowledging their contribution to social cohesion through poverty reduction and job creation, through the provision of non-financial services, training and technical assistance, by executing the following cooperation actions, among others:

(a) technical assistance and other business development services (BDS);

(b) strengthening of the local and regional institutional frameworks, to create and operate MSMEs;

(c) support MSMEs so that they may participate in the goods and services markets at local and international levels, by means of participation in fairs, commercial missions and other mechanisms of promotion;

(d) promotion of productive linkages processes;

(e) promotion of the exchange of experiences and best practices;

(f) encouragement of joint investments, partnerships and business networks;

(g) identification and reduction of obstacles for the MSMEs to access financial sources and the creation of new financing mechanisms;

(h) promotion of transfer of both technology and knowledge;

(i) support to innovation, as well as research and development;

(j) support to the use of quality management systems.

Article 71. Cooperation on Microcredit and Microfinance

The Parties agree that, in order to reduce income inequality, micro funding, included microcredit programs, generate autonomous employment and prove to be an effective instrument to help overcome poverty and to reduce vulnerability in economic crises, giving broader participation in the economy. Cooperation shall address the following issues:

(a) exchange of experiences and expertise in the area of ethical banking, associative and self-managed community-centred banking and the strengthening of sustainable programs of micro financing, including certification, monitoring and validation programmes;

(b) access to microcredit by facilitating access to financial services provided by banks and financial institutions through incentives and risk management programmes;

(c) exchange of experiences in policies and alternative legislation promoting the creation of popular and ethical banking.

Title VII. Regional Integration

Article 72. Cooperation In the Field of Regional Integration

1. The Parties agree that cooperation in this field shall reinforce the process of regional integration within Central America, in all its aspects, in particular the development and implementation of its common market, with the aim of progressively achieving an Economic Union.

2. Cooperation shall support activities linked to the integration process of Central America, in particular the development and strengthening of common institutions with a view to making them more efficient, auditable and transparent, and of their inter-institutional relations.

3. Cooperation shall reinforce the involvement of civil society in the integration process within the conditions defined by the Parties and include support to consultation mechanisms and awareness campaigns.

4. Cooperation shall promote the development of common policies and the harmonisation of the legal frameworks to the extent that they are covered by the Central American integration instruments, including economic policies such as trade, customs, agriculture, energy, transport, communications, competition, as well as the coordination of macroeconomic policies in areas such as monetary policy, fiscal policy and public finance. Cooperation may further promote the coordination of sectoral policies in areas such as consumer protection, environment, social cohesion, security, prevention and response to natural risks and disasters. A particular attention shall be given to the gender dimension.

5. Cooperation may promote investment in common infrastructure and networks in particular at the borders of the Republics of the CA Party.

Article 73. Regional Cooperation

The Parties agree to use all existing cooperation instruments to promote activities aimed at developing active cooperation between the EU Party and the Republics of the CA Party, without undermining cooperation between them, between the Republics of the CA Party and other countries and/or regions in Latin America and the Caribbean in all cooperation areas subject to this Agreement. Regional and bilateral cooperation activities shall seek to be complementary.

Title VIII. Culture and Audio-visual Cooperation

Article 74. Culture and Audio-visual Cooperation

1. The Parties shall undertake to promote cultural cooperation in order to enhance mutual understanding and foster balanced cultural exchanges, as well as the circulation of cultural activities, goods and services and of artists and cultural professionals, including other civil society organizations from the EU Party and the Republics of the CA Party in conformity with their respective legislation.

2. The Parties shall encourage intercultural dialogue between individuals, cultural institutions and organizations representing civil society from the EU Party and the Republics of the CA Party.

3. The Parties shall encourage coordination in the context of UNESCO, with a view to promoting cultural diversity, inter alia via consultations on the ratification and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions by the EU Party and the Republics of the CA Party. Cooperation shall also include promotion of cultural diversity, including that of the indigenous peoples and cultural practices of other specific groups, including the education in autochthon languages.

4. The Parties agree to promote cooperation in the audio-visual and media sectors, including radio and press, through joint initiatives in training as well as audio visual development, production and distribution activities, including the educational and cultural field.

5. Cooperation shall take place in accordance with the relevant national copyright provisions and applicable international agreements.

6. Cooperation in this field shall also include, among others, safeguard and promotion of natural and cultural heritage (tangible and intangible), including the prevention and action against illicit traffic of cultural heritage, according to the relevant international instruments.

7. A Protocol on Cultural Cooperation of relevance to this Title is annexed to this Agreement.

Section TITLE IX. Knowledge Society

Article 75. Information Society

1. The Parties agree that information and communication technologies are key sectors in a modern society and are of vital importance to economic and social development and the smooth transition to the information society. Cooperation in this field shall help to establish a sound regulatory and technological framework, foster the development of these technologies, and develop policies that will help to reduce the digital divide and to develop human capacities, provide equitable and inclusive access to information technologies, and maximize the use of these technologies to provide services. In this regard, cooperation shall also support the implementation of these policies and help to improve interoperability of electronic communication services.

2. Cooperation in this area shall aim to promote:

(a) dialogue and exchange of experiences on regulatory and policy issues related to the information society, including the use of information and communication technologies such as e-government, e-learning and e-health, and policies aimed at narrowing the digital divide;

(b) exchange of experiences and best practices regarding the development and implementation of e-government applications;

(c) dialogue and exchange of experiences on the development of e-commerce, and digital signature and teleworking;

(d) exchanges of information on standards, conformity assessment and type-approval;

(e) joint research and development projects on information and communication technologies;

(f) development of Academic Advanced Network usage, that is, seeking long term solutions to ensure the self-sustainability of REDClara.

Article 76. Scientific and Technological Cooperation

1. Cooperation in this field shall aim to develop scientific, technological, and innovation capacities covering all the activities under the research framework programmes (FPs). To this end, the Parties shall foster policy dialogue at regional level, exchange of information and the participation of their research and technological development bodies in the following scientific and technological cooperation activities, in compliance with their internal rules:

(a) joint initiatives to raise the awareness on the science and technology capacity building programmes, as well as on the European Research and Technological Development and Demonstration Programmes;

(b) initiatives to promote participation in FPs and in the other relevant programmes of the European Union;

(c) joint research actions in areas of common interest;

(d) joint scientific meetings to foster exchange of information and to identify areas for joint research;

(e) promotion of advanced science and technology studies which contribute to the long term sustainable development of the Parties;

(f) development of links between the public and private sectors; special emphasis shall be placed on transfer of scientific and technological results into national productive systems and social policies, and environmental aspects and the need to use cleaner technologies shall be taken into account;

(g) evaluation of scientific cooperation and dissemination of results;

(h) promotion, dissemination and transfer of technology;

(i) assistance to establish National Innovation Systems (NIS), to develop technology and innovation, in order to facilitate appropriate responses for demand driven by small and medium size business and to promote local production, among others; furthermore, assistance to develop excellence centres and high-tech clusters;

(j) promotion of training, research, development and applications of nuclear science and technology for medical applications enabling the transfer of technology to the Republics of the CA Party in areas such as health, particularly radiology and nuclear medicine for radiodiagnosis and radiotherapy treatment, and those areas that the Parties mutually agree to establish, in conformity with existing international conventions and regulations and submitting to the jurisdiction of the International Atomic Energy Agency.

2. Special emphasis shall be put on human potential building as a long-lasting basis of scientific and technological excellence, and on the creation of sustainable links between the scientific and technological communities of the Parties, at both national and regional levels. To this end, exchanges of researchers and best practices in research projects shall be promoted.

  • 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