The objective of this chapter is to facilitate and increase trade in goods identifying, preventing and eliminating unnecessary obstacles to trade between the parties that may arise as a result of the preparation, adoption and application of technical regulations, standards and conformity assessment procedures, including those relating to metrology and encouragement of joint cooperation among the parties, within the terms of the WTO TBT agreement.
73:.
Reaffirming the WTO TBT agreement "
The parties reaffirm their existing rights and obligations with respect to each other under the WTO TBT agreement, which are incorporated into this chapter mutatis mutandis.
1. The Parties shall intensify their joint work in the field of standards and technical regulations and conformity assessment procedures with a view to facilitating trade between the parties. In particular, the parties shall seek to identify, develop and promote trade facilitating initiatives regarding standards technical regulations and conformity assessment procedures that are appropriate for particular issues or
In particular sectors, taking into account the respective Parties experience in other bilateral, regional or multilateral agreements that are appropriate.
2. Measures referred to in paragraph 1 may include cooperation on regulatory issues, such as convergence or alignment with international standards; reliance on a supplier declaration of conformity, the recognition and acceptance of the results of conformity assessment procedures and the use of accreditation to qualify for entities of conformity assessment, as well as cooperation through mutual recognition agreements.
3. Where a Party detains a port of entry at a good originating in the territory of the other party pursuant to be perceived failure to comply with a technical regulation shall immediately notify the importer of the reasons for the detention.
1. Each Party shall use the standards and guides and relevant international recommendations in accordance with Articles 2.4 and 5.4 of the TBT Agreement of the WTO, as a basis for their technical regulations and conformity assessment procedures.
2. In determining whether an international standard, guide or recommendation within the meaning of article 2, Article 5 and annex 3 of the TBT Agreement of the WTO, each Party shall apply the principles set out in decisions and recommendations adopted by the Committee on Technical Barriers to Trade (hereinafter WTO TBT Committee) since 1 January 1995, G / TBT / Rev. 1 /
9, 8 September 2008 issued by the WTO TBT Committee.
3. Each Party shall encourage its national standardizing bodies to cooperate with the relevant national standardizing bodies of the other party in international standardizing activities. Such cooperation may take place through the activities of the parties in regional and international standardizing bodies which are members of both parties.
1. Each Party shall give favourable consideration to accepting as equivalent technical regulations of the other Contracting Party, even if they differ from its own, provided that they are satisfied that adequately fulfil the legitimate objectives of its own regulations.
2. Where a Party does not accept a technical regulation of the other party as equivalent to its own, shall, at the request of the other Party explain the reasons for its decision.
3. At the request of a Party that has an interest in developing a technical regulation similar to a technical regulation of the other party and to minimize duplication of
The other Party shall provide any information, studies or other relevant documents available on which it has relied in the development of such a technical regulation, except information confidential.
1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance in the territory of a party of the results of conformity assessment procedures conducted in the territory of the other party, for example:
(a) The importing party supplier on a declaration of conformity;
(b) Voluntary arrangements between conformity assessment bodies
According to the territory of the Parties;
(c) Agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other party;
(d) Accreditation procedures for qualifying agencies
Conformity assessment;
(e) The designation of conformity assessment bodies; and
(f) Recognition by one party of the results of procedures
Conformity assessment performed in the territory of the other party.
The Parties shall intensify their exchange of information on these and other similar mechanisms to facilitate the acceptance of the results of conformity assessment procedures.
2. In the event that a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other party, it shall upon the request of that other Party explain the reasons for its decision.
3. Each Party shall authorize or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those accorded to conformity assessment bodies in its territory. If a Party authorizes accredits or otherwise recognises a body assessing conformity with a specific technical regulation or standard in its territory and it refuses to accredit or otherwise recognise a body that assessing conformity with technical regulation or standard in the territory of the other party, it shall upon the request of that other Party explain the reasons for its decision.
4. The parties shall enter into negotiations for the conclusion of agreements
Of mutual recognition of the results of their respective conformity assessment procedures, in conformity with the principles of the WTO TBT agreement. In the event that a Party does not accept negotiations, it shall commence upon the request of that other Party explain the reasons for its decision.
1. Each Party shall notify the other party to electronically through the contact points established under article 10 of the WTO TBT agreement at the same time it submits its notification to the Central Registry of notifications to the WTO pursuant to the WTO TBT agreement:
(a) Its proposed technical regulations and conformity assessment procedures; and
(b) Technical regulations and conformity assessment procedures adopted to address urgent problems of safety, health, environmental protection or national security arise or threaten to arise in terms of the WTO TBT agreement.
2. Each Party shall publish on the website of the competent national authority those technical regulations and conformity assessment procedures that are consistent with the technical content of any relevant international standard. This publication shall be available to the public as those technical regulations and conformity assessment procedures are in force.
3. Each Party shall grant a period of at least sixty (60) days from the date of the notice referred to in subparagraph 1 (a) to the Party and other interested persons to make comments in writing on the proposal. A Party shall give positive consideration to reasonable requests for an extension of the deadline for comments.
4. Each Party shall publish or make available to the public in either print or electronically, its responses to it receives significant comments from interested persons and the other party under paragraph 3 no later than the date it publishes the final technical regulation or conformity assessment procedure.
5. Notification of the proposed technical regulations and conformity assessment procedures shall include an electronic link to, or a copy of the full text of the paper notified.
6. A Party shall, at the request of the other Party shall provide information on the basis of objective and technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
7. The parties agree that the time period between the publication and the Entry into Force of technical regulations and conformity assessment procedures shall not be less than six (6) months, except that with this deadline cannot feasibly comply with its legitimate objectives. The Parties shall give positive consideration to reasonable requests for an extension of the deadline.
8. The Parties shall ensure that all technical regulations and conformity assessment procedures adopted and existing publicly available in a free official website, in such a way as to be readily available and accessible.
9. Each Party shall implement the provisions of paragraph 4 as soon as possible and in any case no later than three (3) years from the Entry into Force of this Treaty.
1. At the request of a party the other party shall give favourable consideration to any proposal that the requesting party sector-specific makes for further cooperation under this chapter.
2. The parties agree to cooperate and provide technical assistance in the field of standards and technical regulations and conformity assessment procedures, including metrology, with a view to facilitating their access to markets. In particular, the Parties will consider, inter alia:
(a) The implementation of this chapter;
(b) Furthering the implementation of the WTO TBT agreement;
(c) Strengthening the capacities of their respective bodies standardisation, technical regulations and conformity assessment and metrology systems and information and notification under the scope of the WTO TBT agreement, including the training and further training of human resources; and
(d) Increasing participation in international organizations, including the regional standardization-related, technical regulations and conformity assessment and metrology.
710:.
"Committee on Technical Barriers to Trade
1. The parties establish a Committee on Technical Barriers to Trade (hereinafter referred to as the Committee), comprising representatives of each Party in accordance with annex 7.10.
2. The functions of the Committee shall include:
(a) Monitor the implementation and administration of this chapter;
(b) Report to the Commission on the implementation and administration of this chapter, where appropriate;
(c) Promptly address matters that a Party proposes to the development, adoption application or implementation of technical regulations or standards and conformity assessment procedures;
(d) Enhance joint cooperation in the development and improvement of technical regulations standards and conformity assessment procedures, including metrology;
(e) As appropriate, facilitate sectoral cooperation between governmental and non-governmental bodies in the field of standards and technical regulations and conformity assessment procedures, including metrology, in the territories of the Parties;
(f) Exchange information on the work in regional and multilateral non-governmental involved in activities related to technical regulations, standards and conformity assessment procedures;
(g) At the request of a party, deal consultations on any matter arising under this chapter;
(h) Reviewing this chapter in light of any development under the WTO TBT agreement and the decisions or recommendations of the WTO TBT Committee, and put forward suggestions on possible amendments to this chapter;
(i) Take any other action that will assist the parties consider them in implementing this chapter and the TBT Agreement and in facilitating trade between the parties;
(j) The Commission to recommend the establishment of working groups to the treatment of specific matters related to this chapter and the TBT Agreement of the WTO; and
(k) Address any other matter related to this chapter.
3. The Parties shall make every effort to reach a mutually satisfactory solution in the consultations referred to in subparagraph 2 (g) Within a period of thirty (30) days.
4. Where the parties have had recourse to consultations under subparagraph 2
(g) Such consultations shall replace those provided for in article 15.4 (consultations).
5. The representatives of each Party in accordance with annex 7.10 will be responsible for coordinating with the relevant institutions and persons in its territory;
As of ensuring that such institutions and persons are convened.
6. Unless the parties agree otherwise, the Committee shall meet at least one (1) year, on a date and with an agenda agreed by the parties. The parties determine cases where it may make extraordinary meetings.
7. Meetings may be conducted by any means agreed by the parties. If they are witnessing, alternately in the territory of each party and shall be based on the Party hosting the meeting. The first meeting of the Committee shall be carried out no later than one (1) year after the date of Entry into Force of this Treaty.
8. Unless the parties agree otherwise, the Standing Committee shall establish its rules of procedure.
9. All decisions of the Committee shall be taken by mutual agreement.
1. Any information or explanation is provided that at the request of a Party in accordance with the provisions of this chapter shall be provided in print or electronically within a period of thirty (30) days, which may be extended prior justification for the reporting Party.
2. With regard to the exchange of information, in accordance with article 10 of the WTO TBT agreement, the Parties shall implement the recommendations contained in document decisions and recommendations adopted by the WTO TBT Committee since 1 January 1995, G / TBT / Rev. 1 /
9, 8 September 2008, section V (procedure for the exchange of information) issued by the WTO TBT Committee.
712:. Definitions
For the purposes of this chapter shall apply the terms and definitions in annex 1 of the WTO TBT agreement.
"Committee on Technical Barriers to Trade
In accordance with article 7.10; the Committee on Technical Barriers to Trade shall be coordinated by:
(a) In the case of Guatemala: the Ministry of Economy, through the Bureau of Foreign Trade Administration; and
(b) In the case of Peru: the Ministry of Foreign Trade and Tourism,
Or their successors.
Chapter 8. Trade Defence
Section A. Bilateral Measures Safeguard
81:. Imposition of a Bilateral Safeguard Measure
1. During the transition period, if as a result of the reduction or elimination of a customs duty under this Treaty, originating goods of a Party is being imported into the territory of the other party in such increased quantities in absolute terms or relative to domestic production and under such conditions as to constitute a substantial cause of serious injury or threat of serious injury to the domestic industry producing a like or directly competing goods, the importing Party may adopt a bilateral safeguard measure described in paragraph 2.
2. If the conditions set out in paragraph 1 may a party to the extent necessary to prevent or remedy serious injury or threat of serious injury and to facilitate adjustment:
(a) Suspend any further reduction of the rate of duty provided for under this Agreement for the product; or
(b) Increasing the tariff rate for the good to a level not to exceed the lesser of:
(i) The tariff rate of most-favoured-nation (MFN) applied at the time the measure is applied; or
(ii) The Base tariff rate as specified in annex 2.3 tariff elimination (1).
3. The adoption of a bilateral safeguard measure under this section shall not affect the goods at the date of entry into force of the measure are:
(a) Indeed shipped as embodied in the transport documents, provided that they are intended for final consumption or final importation within a period not exceeding twenty (20) days after the expiry of the discharge into the territory of the importing Party; or
(b) In the territory of the importing Party pending clearance, provided that the release of goods within a period not exceeding twenty (20)
1 The Parties understand that neither tariff quotas nor quantitative restrictions would be a bilateral safeguard measure is permitted.
Days from the adoption of the measure. This provision shall exclude goods found in free zones, are to be paid in the territory of the importing Party.
82:. Standards for a Bilateral Safeguard Measure
1. No party may maintain bilateral a safeguard measure:
(a) Except to the extent and for the period necessary to prevent or remedy serious injury and to facilitate adjustment;
(b) For a period exceeding two (2) years; except that the period shall be extended for a further year (1), if the competent authority determines, in accordance with the procedures set out in Article 8.3, the measure that continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is adjusting; or
(c) After the expiration of the transition period.
2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year (1), the party applying the measure shall progressively liberalize it at regular intervals during the period of application.
3. A Party may not apply a bilateral safeguard measure more than once against the same good until the expiry of a period equal to the duration of the previous bilateral safeguard measure, including any extension, starting from the end of the previous bilateral safeguard measure, provided that the period of non-application is at least one (1) year.
4. Upon the termination of the Bilateral safeguard measure, the party which has adopted the tariff rate shall apply in accordance with its list of relief covered in annex 2.3 (tariff elimination).
83:. Investigation Procedures and Transparency Requirements
1. A Party may apply a bilateral safeguard measure only after an investigation by the competent authority of the Party in accordance with articles 3 and 4.2 (c) of the WTO Agreement on Safeguards to this end; and articles 3 and 4.2 (c) of the WTO Agreement on Safeguards are incorporated into and form an integral part of this Agreement mutatis mutandis.
2. In the investigation described in paragraph 1, the Party shall comply with the requirements of Articles 4.2 (a) and 4.2 (b) of the WTO Agreement on Safeguards; and to this end,
Articles 4.2 (a) and 4.2 (b) of the WTO Agreement on Safeguards are incorporated into and form an integral part of this Agreement mutatis mutandis.
3. Each Party shall ensure that its competent authorities any such investigation complete within the period specified in its domestic legislation.
84:. Bilateral Provisional Safeguard Measures
1. In critical circumstances where any delay involves a damage which it would be difficult to repair, a party may apply a provisional bilateral safeguard measure pursuant to a preliminary determination of the existence of a clear evidence that the increased imports from the other party have caused or are threatening to cause serious injury to the domestic industry.
2. The duration of the provisional bilateral safeguard shall not exceed two hundred (200 days), adopt any of the forms set out in article 8.1.2 and shall comply with the relevant requirements of Articles 8.1 and 8.3. The guarantees or the received funds for provisional measures shall be released or promptly refunded if the investigation does not determine that increased imports have caused or threatened to cause serious injury to the domestic industry. The duration of any bilateral provisional safeguard measure shall be counted as part of the duration of the definitive bilateral safeguard measure.
1. A Party shall be promptly notified in writing to the other party, when:
(a) Bilateral safeguard initiate proceedings under this section;
(b) Apply a provisional bilateral safeguard measure; and
(c) The final decision to apply or extend a safeguard measure bilateral.
2. A Party shall provide to the other party a copy of the public version of the report of its competent investigating authority required under article 8.3.1.
3. At the request of a Party whose good is subject to a bilateral safeguard procedure in accordance with this chapter, the party conducting that proceeding shall enter into consultations with the requesting party to review a notification under paragraph 1 or any public notice or report issued by the competent investigating authority with respect to the procedure.
1. Not later than thirty (30) days after applying a safeguard measure bilateral: a Party shall provide an opportunity for the other party to consult with it on appropriate compensation of trade liberalization, in the form of trade concessions having substantially equivalent effects or equivalent to the value of the additional duties expected to result from the measure.
2. If the parties are unable to agree on the compensation within thirty (30) days after the commencement of consultations, the exporting party may suspend the application of substantially equivalent concessions to the trade of the party applying the Bilateral safeguard measure.
3. The exporting Party shall notify in writing the party applying the Bilateral safeguard measure at least thirty (30) days before suspending concessions under paragraph 2.
4. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate on the termination date of the Bilateral safeguard measure.
87:. Definitions
For the purposes of this section:
Threat of serious injury means clearly imminent serious damage on the basis of facts and not merely on allegation, conjecture or remote possibility;
The competent investigating authority means:
(a) In the case of Guatemala: the Administration of Foreign Trade of the Ministry of Economy; and
(b) In the case of Peru: the Vice-Ministry of Foreign Trade of the Ministry of Foreign Trade and Tourism,
Or their successors.
Substantial cause means which is a cause and not less important than any other cause;
Serious injury means a significant overall impairment in the position of a domestic industry;
Transition period means the period of five (5) years beginning on the date of Entry into Force of this Treaty, except for any goods for which the annex 2.3 (tariff elimination) of the party applying the safeguard measure that it will eliminate tariffs for the goods in a period of five (5) years or more, where the transition period means established tariff relief goods in annex 2.3 (tariff elimination) over a period of two (2) years.
Section B.
88:. Global Safeguard Measures
1. Each Party retains its rights and obligations under article XIX of gattde 1994 and the WTO Agreement on Safeguards.
2. This agreement does not confer any additional rights or obligations on the parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards, except that the party imposing a global safeguard measure may exclude an originating imports of goods of the other Party if such imports are not a substantial cause of serious injury or threat of serious harm.
3. No party shall apply with respect to the same goods and during the same period:
(a) A bilateral safeguard measure under section A; and
(b) A measure under article XIX of GATT 1994 and the WTO Agreement on Safeguards.
4. For the purposes of this section, competent investigating authority means:
(a) In the case of Guatemala: the Administration of Foreign Trade of the Ministry of Economy; and
(b) In the case of Peru: the National Institute for the Defense of Competition and Protection of Intellectual Property,
Or their successors.
5. Except as provided in paragraph 3, Chapter 15 (dispute settlement) shall not apply to this section.
Section C.
89:. Antidumping and Countervailing Duties
1. Each Party retains its rights and obligations under article VI of the GATT 1994 and the WTO Anti-Dumping Agreement and the WTO Agreement on Subsidies, with respect to the application of anti-dumping and countervailing duties.
2. Except as provided in paragraph 3, nothing in this Treaty shall be construed as imposing any rights or obligations on the parties with respect to antidumping and countervailing duties.
3. Without prejudice to article 6.5 of the WTO Anti-Dumping Agreement and Article 12.4 of the WTO Agreement on Subsidies and in accordance with Article 6.9 of the WTO Anti-Dumping Agreement and Article 12.8 of the WTO Agreement on Subsidies, the competent investigating authority shall give full and meaningful disclosure of all essential facts and considerations which form the basis for the decision on the implementation of definitive measures. In this regard, the competent investigating authority shall send to interested parties a written report containing such information, and allow interested parties sufficient time to make their comments and oral and written rebuttal to this report.
4. For the purposes of this section, competent investigating authority means: