Chile - EU Interim Trade Agreement (2023)
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2. When a Party intends to modify an Annex to this Chapter, the Party shall: (a) notify the other Party in writing; and

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

3. Notwithstanding subparagraph 2(b), a Party does not need to provide compensatory adjustments if the modification covers an entity over which the Party has effectively eliminated its control or influence. Government control or influence over the covered procurement of entities listed in Annex [X] to this Chapter is presumed to be effectively eliminated insofar as the entity's procurement is concerned where the entity is exposed to competition on markets to which access is not restricted.

4. If the other Party disputes that:

(a) an adjustment proposed under sub-paragraph 2 (b) is adequate to maintain a comparable level of mutually agreed coverage;

(b) the modification covers an entity over which the Party has effectively eliminated its control or influence under sub-paragraph 3.

it shall object in writing within 45 days of receipt of the notification referred to in sub- paragraph 2 (a) or be deemed to have accepted the adjustment or modification, including for the purposes of Chapter X (Dispute Settlement).

Rectifications

5. The following changes to a Party's Annexes shall be considered a rectification of a purely formal nature, provided that they do not affect the mutually agreed coverage provided for in the Chapter:

(a) a change in the name of an entity; (b) a merger of two or more entities listed within an Annex; and

(c) the separation of an entity listed in an Annex into two or more entities that are all added to the entities listed in the same Annex.

6. In the case of proposed rectifications to a Party's Annexes, the Party shall notify the other Party every two years following the entry into force of this Chapter.

7. A Party may notify the other Party of an objection to a proposed rectification within 45 days from having received the notification. Where a Party submits an objection, it shall set out the reasons why it believes the proposed rectification is not a change provided for in paragraph 5 of this Article, and describe the effect of the proposed rectification on the mutually agreed coverage provided for in the Chapter. If no such objection is submitted in writing within 45 days after having received the notification, the Party shall be deemed to have agreed to the proposed rectification.

Consultations and Dispute resolution

8. If the other party objects to the proposed modification or rectification, the Parties will seek to resolve the issue through consultations. If no agreement is found within 60 days of receipt of the objection, the Party seeking to modify or rectify its Annex may refer the matter to the Dispute Settlement procedure under this Agreement. The intended modification or rectification of the Annex will take effect only when both Parties have agreed or on the basis of a final decision of the Dispute Settlement body.

9. The consultation procedure under paragraph 8 is without prejudice of the consultation under the Dispute Settlement procedure of this Agreement.

Article 21.20. Sub-Committee on Government Procurement

1. The Parties hereby establish a Sub-Committee on Government Procurement comprising representatives of the European Union and of Chile. On request of a Party, the Sub- Committee shall meet to address matters related to the implementation and operation of this Chapter, including the following:

(a) the modification of Appendix [X];

(b) issues regarding government procurement that are referred to it by a Party;

(c) monitoring the cooperation activities undertaken by the Parties as provided by Article 21.22;

(d) facilitation of participation of SMEs in covered procurement as provided in Article 21.21;

(e) discussion on status of implementation of the single point of access under

Article 21.6. Paragraph 7.

Article 21.21. Facilitation of Participation by Small and Medium Sized Enterprises (SMEs)

1. The Parties recognise the important contribution that SMEs can make to economic growth and employment and the importance of facilitating the participation of SMEs in government procurement.

2. The Parties recognize the importance of electronic procurement in facilitating the participation of SMEs in procurement procedures by ensuring transparency.

3. The Parties also recognize the importance of business alliances between suppliers of each Party, and in particular between SMEs, including the joint participation in tendering procedures.

4. The Parties may:

(a) provide information related to their measures used in order to contribute, promote, encourage or facilitate SMEs participation in government procurement;

(b) cooperate in the elaboration of mechanisms in order to provide information to the SMEs of the means for participating in covered procurement under this Chapter.

5. To facilitate participation of SMEs in covered procurement, each Party shall, to the extent possible:

(a) provide a definition of SMEs in an electronic portal;

(b) endeavor to make all tender documentation available free of charge;

(c) undertake any other activity designed to facilitate the participation of SMEs in

government procurement covered by this Chapter, provided that these measures are not discriminatory against the other Party's enterprises.

Article 21.22. Cooperation

1. The Parties shall make their best effort to develop cooperation activities with a view to achieving a better understanding of their respective government procurement systems, as well as a better access to their respective markets, in matters such as:

(a) exchanging experiences and information, such as regulatory frameworks, best practices and statistics;

(b) facilitating participation by suppliers in covered procurement, in particular, with respect to SMEs;

(c) developing and expanding the use of electronic means in government procurement systems;

(d) building capability by fostering mutual learning of government officials and staff of procuring entities with a view to fulfilling the provisions of this Chapter .

2. The Parties shall inform the Sub-Committee established in Article 21.20 of any of such activities.

Article 21.23. Further Negotiations

The Sub-Committee on Government Procurement shall review the operation of this Chapter and, no later than four years after the date of entry into force of this Agreement, may propose to the Trade Committee to recommend to the Parties to hold further negotiations with a view to achieving additional market access opening.

Chapter 22. STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR

PRIVILEGES AND DESIGNATED MONOPOLIES

Article 22.1. Definitions

For the purposes of this Chapter, the following definitions shall apply:

(a) (b)

(c)

(d)

(e)

(f)

"State-owned enterprise" means an enterprise owned or controlled by a Party’.

"Enterprise granted special rights or privileges?" means any enterprise, public or private, that has been granted by a Party, [in law or in fact], special rights or privileges. Special rights or privileges are granted by a Party when it designates or limits to two or more the number of enterprises authorized to provide a good or a service, taking into account the specific sectorial regulation under which the granting of the right or privilege has taken place, other than according to objective, proportional and non- discriminatory criteria, substantially affecting the ability of any other enterprise to supply the same good or service in the same geographical area under substantially equivalent conditions.

A "designated monopoly” means: an entity, including a group of entities or a government agency, that in a relevant market in the territory of a Party is designated as the sole supplier or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant.

"Designate" means to establish or authorize a monopoly, or to expand the scope of a monopoly to cover an additional good or service.

“Commercial activities” means activities, the end result of which is the production of a good or supply of a service, which will be sold in the relevant market in quantities and at prices determined by the enterprise, and are undertaken with an orientation towards profit-making’,

"Commercial considerations" means price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale or other factors that would normally be taken into account in the commercial decisions of a privately owned

' For the establishment of ownership or control, all relevant legal and factual elements shall to be examined on a case-by-case basis.

2 For greater certainty, the granting of a license to a limited number of enterprises in allocating a scarce resource through objective, proportional and non-discriminatory criteria is not in and of itself an exclusive or special privilege.

3 For greater certainty, this excludes activities undertaken by an enterprise: (a) which operates on a not-for-profit basis; or (b) which operates on cost recovery basis.

enterprise operating according to market economy principles in the relevant business or industry.

(g) "A service supplied in the exercise of governmental authority" has the same meaning as in the GATS, including the meaning in the Annex on Financial Services where applicable.

Article 22.2. Scope of Application

1. The Parties confirm their rights and obligations under paragraphs 1 through 3 of Article XVI of the GATT 1994, the Understanding on the Interpretation of Article XVII of the GATT 1994 as well as under paragraphs 1, 2 and 5 of Article VIII of the GATS.

2. This Chapter applies to state-owned enterprises, enterprises granted special rights or privileges or designated monopolies engaged in commercial activities. Where an enterprise combines commercial and non-commercial activities,4 only the commercial activities of that enterprise are covered by this Chapter.

3. This Chapter applies to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies at all levels of government.

4. This Chapter does not apply to the procurement by a Party of a good or service purchased for governmental purposes and not with a view to commercial resale, or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is a "covered procurement" within the meaning of Article 21.2 (Scope and coverage) of the Public Procurement Chapter.

5. This Chapter shall not apply to any service supplied in the exercise of governmental authority.

6. This Chapter shall not apply to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies if in any one of the three previous consecutive fiscal years the annual revenue derived from the commercial activities of the enterprise was less than 100 million SDR.

7. Article 22.4 (Non-Discriminatory Treatment and Commercial Considerations) does not apply to the services sectors which are outside the scope of this Agreement.

8. Article 22.4 (Non-Discriminatory Treatment and Commercial Considerations) shall not apply to the extent that a Party’s state-owned enterprise, enterprise granted special rights or privileges or designate monopoly makes purchases and sales of goods or services pursuant to:

* Such as carrying out a legitimate public service mandate or any activity directly related to the provision of national defence or public security.

5 During the first five years from the entry into force of this Agreement, the threshold will be of less than 200 million SDR.

(a) any existing non-conforming measure in accordance with Article X.X (Non- Conforming Measures) of Chapter (Cross-Border Trade in Services) or Article X.X (Non-Conforming Measures) of Chapter (Investment) or Article X.X (Non-Conforming Measures) of Chapter (Financial Services) that the Party maintains, continues, renews or amends set out in its Schedule in Annex XI; or

(b) any non-conforming measure that the Party adopts or maintains with respect to sectors, subsectors, or activities in accordance with Article X.X (Non- Conforming Measures) of Chapter (Cross-Border Trade in Services) or Article X.X (Non-Conforming Measures) of Chapter (Investment) or Article X.X (Non-Conforming Measures) of Chapter (Financial Services) as set out in its Schedule in Annex XII.

Article 22.3. General Provisions

Without prejudice to the Parties’ rights and obligations under this Chapter, nothing in this Chapter prevents the Parties from establishing or maintaining state-owned enterprises or designating or maintaining monopolies or from granting enterprises special rights or privileges.

Article 22.4. Non-discriminatory Treatment and Commercial Considerations

1. Each Party shall ensure that each of its state-owned enterprises, enterprises granted special rights or privileges and designated monopolies, when engaging in commercial activities:

(a) acts in accordance with commercial considerations in its purchase or sale of a good or service, except to fulfil any terms of its public service mandate that are not inconsistent with subparagraph (b) or (c);

(b) in its purchase of a good or service:

(i) accords to a good or service supplied by an enterprise of the other Party treatment no less favourable than it accords to a like good or a like service supplied by enterprises of the Party; and

(ii) accords to a good or service supplied by an enterprise that is a covered investment in the Party’s territory treatment no less favourable than it accords to a like good or a like service supplied by enterprises in the relevant market in the Party’s territory that are investments of investors of the Party; and

(c) in its sale of a good or service:

(i) accords to an enterprise of the other Party treatment no less favourable than it accords to enterprises of the Party; and

Gi) accords to an enterprise that is a covered investment in the Party’s territory treatment no less favourable than it accords to enterprises in the relevant market in the Party’s territory that are investments of investors of the Party.

2. Paragraph 1 does not preclude state-owned enterprises, enterprises granted special rights or privileges or designated monopolies from

(a) purchasing or supplying goods or services on different terms or conditions, including those relating to price; or

(b) refusing to purchase or supply goods or services,

provided that such different terms or conditions or refusal is undertaken in accordance with commercial considerations.

Article 22.5. Regulatory Framework

1. The Parties shall make best use of international standards, as applicable, including, inter alia, the OECD Guidelines on Corporate Governance of State-Owned Enterprises, as appropriate.

2. Each Party shall ensure that any regulatory body or function that it establishes or maintains

(a) is independent from and not accountable to any of the enterprises that it regulates in order to ensure the effectiveness of the regulatory function, and

(b) acts impartially® in like circumstances with respect to all enterprises that it regulates, including state-owned enterprises, enterprises granted special rights or privileges and designated monopolies.’

3. Each Party shall apply its laws and regulations to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies in a consistent and non- discriminatory manner.

Article 22.6. Transparency

1. A Party which has reason to believe that its interests under this Chapter are being adversely affected by the commercial activities of state-owned enterprises, enterprises granted special rights or privileges or designated monopolies of the other Party may request the other Party in

6 For greater certainty, the impartiality with which the regulatory body exercises its regulatory functions is to be assessed by reference to a general pattern or practice of that regulatory body.

7 For greater certainty, for those sectors in which the Parties have agreed to specific obligations relating to the regulatory body in other Chapters, the relevant provision in the other Chapters as set out in this Agreement shall prevail.

writing to supply information on the commercial activities of the enterprise related to the carrying out of the provisions of this Chapter.

2. The requested Party shall provide the following information, provided that the request includes an explanation of (i) how the activities of the entity may be affecting the interests of the requesting Party under this Chapter and (ii) which of the following information shall be provided:

(a) the ownership and the voting structures of the enterprise, indicating the percentage of shares that the Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies cumulatively own, and the percentage of voting rights that they cumulatively hold, in the entity;

(b) a description of any special shares or special voting or other rights that the Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies hold, [when] such rights are different from those attached to the general common shares of the entity;

(c) the organisational structure of a state-owned enterprise, enterprise granted special rights or privileges or designated monopoly and the composition of its board of directors or of an equivalent body;

(d) a description of which government departments or public bodies regulate and/or monitor the enterprise; a description of the reporting requirements imposed on it by those departments or public bodies; and the rights and practices of those government or any public bodies with respect to the appointment, dismissal or remuneration of senior executives and members of its board of directors or any other equivalent management body;

(e) the [entity]’s annual revenue and total assets over the most recent three year period for which information is available;

(f) any exemptions, immunities and related measures from which the entity benefits under the laws and regulations of the requested Party; and

(g) any additional information regarding the enterprise that is publicly available, including annual financial reports and third party audits.

3. The provisions of paragraphs 1 and 2 shall not require any Party to disclose confidential information the disclosure of which would be inconsistent with its laws and regulations, impede law enforcement, or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises.

4. If the requested information is not available to the Party, that Party shall provide the reasons for this in writing to the other Party who requested the information.

Article 22.7. Party-Specific Annexes

1. Article 22.4 (Non-discriminatory Treatment and Commercial Considerations) shall not apply with respect to the non-conforming activities of state-owned enterprises or designated

monopolies that a Party lists in its Schedule to Annex X (Chile’s schedule) in accordance with the terms of the Party’s Schedule.®

5 Before the end of five years from the entry into force of this Agreement, the Trade Council shall consider amendments to Annex X (Party-specific Annex).

Chapter 23. COMPETITION POLICY

Article 23.1. Principles

The Parties recognise the importance of free and undistorted competition in trade and investment. The Parties acknowledge that anti-competitive practices have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.

Article 23.2. Legislative Framework

1. Each Party shall (adopt or) maintain a competition law which applies to all sectors of the economy ! and addresses all of the following practices in an effective manner:

(a) agreements between enterprises, decisions by associations of enterprises and concerted practices which have as their object or effect the prevention, restriction or distortion of competition;

(b) abuses by one or more enterprises of a dominant position; and

(c) mergers between enterprises which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position.

2. All enterprises, private or public, shall be subject to the competition law referred to in this Article.

3. The application of the competition law should not obstruct the performance, in law or in fact, of particular tasks of public interest that may be assigned to the enterprises in question. Exemptions to the competition law of a Party should be limited to tasks of public interest, limited to what is strictly necessary to achieve the desired public policy objective and transparent.

Article 23.3. Implementation

1. Each Party shall maintain a functionally independent authority responsible for, and appropriately equipped with the powers and resources necessary for the full application and the effective enforcement of the competition law referred to in Article 23.2 (Legislative Framework).

For greater certainty, competition rules in the EU apply to the agricultural sector in accordance with Regulation 1308/2013 of the European Parliament and Council establishing a common organisation of the markets in agricultural products and its subsequent amendments or replacements, if any (Official Journal L347/2013).

2. Each Party shall apply its respective competition law in a transparent and non- discriminatory manner, respecting the principles of procedural fairness and rights of defence of the enterprises concerned, irrespective of their nationality or ownership status.

Article 23.4. Cooperation

1. The Parties acknowledge that it is in their common interest to promote cooperation regarding competition policy and enforcement.

2. To facilitate such cooperation, the Parties’ competition authorities may exchange information, subject to the confidentiality rules as foreseen in the Parties’ respective laws and regulations.

3. The competition authorities of the Parties will endeavour to coordinate, where this is possible and appropriate, their enforcement activities relating to the same or related conduct or cases.

Article 23.5. Consultation

1. To foster mutual understanding between the Parties”, or to address specific matters on the interpretation or application of this Chapter, each Party shall, upon the request of the other Party, enter into consultations on issues raised by the other Party. The Party requesting consultations shall indicate, if relevant, how the matter affects trade between the Parties.

2. The Parties shall promptly discuss, upon the request of either Party, any questions arising from the interpretation or application of this Chapter.

3. To facilitate discussion of the matter that is the subject of the consultations, each

Party shall endeavour to provide relevant non-confidential information to the other Party.

Article 23.6. Non-application of Dispute Settlement

The provisions of this Chapter shall not be subject to dispute settlement in accordance with Chapter [x. Dispute settlement].

2 For the EU, the interlocutor is DG Competition of the European Commission.

Chapter 24. SUBSIDIES

Article 24.1. Principles

The Parties agree that subsidies can be granted when they are necessary to achieve public policy objectives. The Parties acknowledge, however, that certain subsidies have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation and competition. Therefore, in principle, subsidies should not be granted when they negatively affect, or are likely to negatively affect, trade or competition between the Parties.

Article 24.2. Definition and Scope

1. For the purposes of this Chapter, a subsidy means a measure which fulfils the conditions set out in Article 1.1 of the WTO Agreement on Subsidies and Countervailing Measures (hereinafter referred to as “SCM Agreement”) irrespective of whether it is granted to an enterprise supplying goods or services.!

2. A subsidy is subject to this Chapter only if this subsidy is determined to be specific in accordance with Article 2 of the SCM Agreement.

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Definitions of General Application 1
  • Article   1.4 Relation to the WTO Agreement and other Agreements 1
  • Article   1.5 References to Laws and other Agreements 1
  • Article   1.6 Fulfilment of Obligations 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Export Duties, Taxes or other Charges 1
  • Article   2.8 Fees and Formalities 1
  • Article   2.9 Repaired Goods 1
  • Article   2.10 Remanufactured Goods 1
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Origin Marking 2
  • Article   2.13 Import Licensing Procedures 2
  • Article   2.14 Export Licensing Procedures 2
  • Article   2.15 Customs Valuation 2
  • Article   2.16 Preference Utilisation 2
  • Article   2.17 Specific Measures Concerning the Management of Preferential Treatment 2
  • Article   2.18 Sub-Committee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 General Requirements 2
  • Article   3.3 Cumulation of Origin 2
  • Article   3.4 Wholly Obtained Products 2
  • Article   3.5 Tolerances 2
  • Article   3.6 Insufficient Working or Processing 2
  • Article   3.7 Unit of Qualification 2
  • Article   3.8 Accessories, Spare Parts and Tools 2
  • Article   3.9 Sets 2
  • Article   3.10 Neutral Elements 2
  • Article   3.11 Packaging and Packing Materials 2
  • Article   3.12 Accounting Segregation for Fungible Materials 2
  • Article   3.13 Returned Products 3
  • Article   3.14 Non Alteration 3
  • Article   3.15 Exhibitions 3
  • Section   B Origin Procedures 3
  • Article   3.16 Claim for Preferential Tariff Treatment 3
  • Article   3.17 Statement on Origin 3
  • Article   3.18 Discrepancies and Minor Errors 3
  • Article   3.19 Importer's Knowledge 3
  • Article   3.20 Record Keeping Requirements 3
  • Article   3.21 Exemptions from the Statement on Origin 3
  • Article   3.22 Verification 3
  • Article   3.23 Administrative Cooperation 3
  • Article   3.24 Mutual Assistance In the Fight Against Fraud 3
  • Article   3.25 Denial of Preferential Tariff Treatment 3
  • Article   3.26 Confidentiality 3
  • Article   3.27 Refunds and Claims for Preferential Tariff Treatment after Importation 3
  • Article   3.28 Administrative Measures and Sanctions 3
  • Section   C Final Provisions 3
  • Article   3.29 Ceuta and Melilla 3
  • Article   3.30 Amendments to the Chapter 3
  • Article   3.31 Special Committee on Customs, Trade Facilitation and Rules of Origin 3
  • Article   3.32 Goods In Transit or Storage 3
  • Article   3.33 Explanatory Notes 3
  • Chapter   4 CUSTOMS AND TRADE FACILITATION 3
  • Article   4.1 Objectives 3
  • Article   4.2 Definitions 3
  • Article   4.3 Customs Cooperation 4
  • Article   4.4 Mutual Administrative Assistance 4
  • Article   4.5 Customs Laws and Procedures 4
  • Article   4.6 Release of Goods 4
  • Article   4.7 Simplified Customs Procedures 4
  • Article   4.8 Authorised Economic Operator - AEO 4
  • Article   4.9 Data and Documentation 4
  • Article   4.10 Use of Information Technology and Electronic Payment 4
  • Article   4.11 Risk Management 4
  • Article   4.12 Post-clearance Audit 4
  • Article   4.13 Transparency 4
  • Article   4.14 Advance Rulings 4
  • Article   4.15 Transit and Transhipment 1. Each Party Shall Ensure the Facilitation and Effective Control of Transhipment Operations and Transit Movements Through Their Respective Territories. 2. Each Party Shall Promote and Implement Regional Transit Arrangements with a View to Facilitating Trade. 3. Each Party Shall Ensure Cooperation and Coordination between All Concernedauthorities and Agencies In Their Respective Territories to Facilitate Traffic In Transit. 4
  • Article   4.16 Customs Brokers 4
  • Article   4.17 Pre-shipment Inspections 4
  • Article   4.18 Appeals 4
  • Article   4 Penalties 4
  • Article   4 Customs Committee 4
  • Article   4.21 Temporary Admission 4
  • Article   4.22 Repaired Goods 5
  • Chapter   5 TRADE REMEDIES 5
  • Section   SECTION a Anti-Dumping and Countervailing Duties 5
  • Article   5.1 General Provisions 5
  • Article   5.2 Transparency 5
  • Article   5.3 Consideration of Public Interest 5
  • Article   5.4 Lesser Duty Rule 5
  • Article   5.5 Exclusion from Bilateral Dispute Settlement Mechanism 5
  • Section   SECTION B Global Safeguard Measures 5
  • Article   5.6 General Provisions 5
  • Article   5.7 Transparency and Imposition of Definitive Measures 5
  • Article   5.8 Exclusion from Bilateral Dispute Settlement Mechanism 5
  • Section   SECTION C Bilateral Safeguard Measures SUB-SECTION C.1 5
  • Article   5.9 Definitions 5
  • Article   5.10 Application of a Bilateral Safeguard Measure 5
  • Article   5.11 Conditions and Limitations 5
  • Article   5.12 Provisional Measures 5
  • Article   5.13 Compensation and Suspension of Concessions 5
  • Article   5.14 Time Lapse In between Two Measures 5
  • Article   5.15 Outermost Regions! of the European Union 5
  • Article   5.16 Applicable Law 5
  • Article   5.17 Initiation of a Proceeding 5
  • Article   5.18 Investigation 5
  • Article   5.19 Confidential Information 5
  • Article   5.20 Hearings 5
  • Article   5.21 Notifications and Publications 5
  • Article   5.22 Use of the English Language 5
  • Chapter   6 5
  • Article   6.1 Objective 5
  • Article   6.2 Multilateral Obligations 5
  • Article   6.3 ScopeThis Chapter Shall Apply to: 5
  • Article   6.4 Definitions 5
  • Article   6.5 Competent Authorities 5
  • Article   6.6 Recognition for Trade of Animal Health and Pest Status Andregional Conditions 6
  • Article   6.7 Determination of Equivalence 6
  • Article   6.8 Transparency and Trade Conditions 6
  • Article   6.9 Certification Procedures 6
  • Article   6.10 Verification 6
  • Article   6.11 Import Checks and Inspection Fees 6
  • Article   6.12 Information Exchange 6
  • Article   6.13 Notification and Consultation 6
  • Article   6.14 Safeguard Clause 6
  • Article   6.15 Sub-committee on Sanitary and Phytosanitary Measures 6
  • Article   6.16 Working Cooperation In Multilateral Fora 6
  • Article   6.17 Cooperation on Food Safety, Animal Health and Plant Protection Science 6
  • Article   6.18 Territorial Application” 6
  • Chapter   7 COOPERATION ON SUSTAINABLE FOOD SYSTEMS 6
  • Article   7.1 Objective 6
  • Article   7.2 Scope 6
  • Article   7.3 Definition 6
  • Article   7.4 Sustainability of Food Chain and Reduction In Food Loss and Waste 6
  • Article   7.5 Fight Against Fraud along the Food Chain 7
  • Article   7.6 Animal Welfare 7
  • Article   7.7 Fighting Antimicrobial Resistance 7
  • Article   7.8 The Subcommittee 7
  • Article   7.9 Cooperation In Multilateral Fora 7
  • Article   7.10 Additional Provisions. the Parties Shall Ensure That the Activities of the Subcommittee Referred to In Article 7.8 7
  • Chapter   8 ENERGY AND RAW MATERIALS 7
  • Article   8.1 Objective 7
  • Article   8.2 Principles 7
  • Article   8.3 Definitions 7
  • Article   8.4 Import and Export Monopolies 7
  • Article   8.5 Export Pricing” 7
  • Article   8.6 Domestic Regulated Prices 7
  • Article   8.7 Authorisation for Exploration and Production of Energy Goods and Raw Materials 7
  • Article   8.8 Assessment of Environmental Impact 7
  • Article   8.9 Third-party Access to Energy Transport Infrastructure 7
  • Article   8.10 Access to Infrastructure for Producers of Electricity Generated from Renewable Energy Sources 7
  • Article   8.11 Independent Body1. Each Party Shall Maintain or Establish an Functionally Independent Body or Bodies That: 7
  • Article   8.12 Cooperation on Standards 7
  • Article   8.13 Research, Development and Innovation 7
  • Article   8.14 Cooperation on Energy and Raw Materials 7
  • Article   8.15 Energy Transition and Renewable Fuels 7
  • Article   8.16 Exception for Small and Isolated Electricity Systems 7
  • Article   8.17 Role of the Trade In Goods Sub-Committee In Implementing the Energy and Raw Materials Chapter 7
  • Chapter   9 TECHNICAL BARRIERS TO TRADE 8
  • Article   9.1 Objective 8
  • Article   9.2 Scope 8
  • Article   9.3 Incorporation of Certain Provisions of the TBT Agreement 8
  • Article   9.4 International Standards 8
  • Article   9.5 Technical Regulations 8
  • Article   9.6 Regulatory Cooperation 8
  • Article   9.7 Cooperation on Market Surveillance and Non-food Product Safety and Compliance 8
  • Article   9.8 Standards 8
  • Article   9.9 Conformity Assessment 8
  • Article   9.10 Transparency 8
  • Article   9.11 Marking and Labelling 8
  • Article   9 Technical Discussions and Consultations 8
  • Article   9 Contact Points 8
  • Article   9.14 Sub-Committee on Technical Barriers to Trade 8
  • Chapter   10 INVESTMENT LIBERALISATION 9
  • Article   10.1 Definitions 9
  • Article   10.2 Right to Regulate 9
  • Article   10.3 Scope 9
  • Article   10.4 Relation to other Chapters 9
  • Article   10.5 Market Access 9
  • Article   10.6 National Treatment 9
  • Article   10.7 Public Procurement 9
  • Article   10.8 Most Favoured Nation Treatment 9
  • Article   10.9 Performance Requirements 9
  • Article   10.10 Senior Management and Boards of Directors 9
  • Article   10.11 Non-Conforming Measures 9
  • Article   10.12 Denial of Benefits 9
  • Chapter   11 CROSS-BORDER TRADE IN SERVICES 10
  • Article   11.1 [EU: Objectives 10
  • Article   11.2 Right to Regulate 10
  • Article   11.3 Definitions for the Purposes of this Chapter: Aircraft Repair and Maintenance Services During Which an Aircraft Is Withdrawn from Service 10
  • Article   11.4 Scope 10
  • Article   11.5 National Treatment 10
  • Article   11.6 Most-Favoured-Nation Treatment 10
  • Article   11.7 Local Presence a Party Shall Not Require a Service Supplier of the other Party to Establish or Maintain an 10
  • Article   11.8 Market Access 10
  • Article   11.9 Non-Conforming Measures 10
  • Article   11.5 National Treatment), 11.6 (Most-Favoured-Nation Treatment) and 11.7 (Local Presence) Shall Not Apply to:(a) 10
  • Article   11.10 Denial of Benefits 10
  • Chapter   12 Temporary Presence of Natural Persons for Business Purposes 10
  • Article   12.1 Scope and Definitions 10
  • Article   12.2 Intra-corporate Transferees, Business Visitors for Establishment Purposes and Investors 10
  • Article   12.3 Short-term Business Visitors 11
  • Article   12.4 Contractual Service Suppliers and Independent Professionals 11
  • Article   12.5 Non-conforming Measures 11
  • Article   12.6 Transparency 11
  • Article   12.7 Dispute Settlement 11
  • Chapter   13 DOMESTIC REGULATION 11
  • Article   13.1 Scope and Definitions 11
  • Article   13.2 Conditions for Licensing and Qualification 11
  • Article   13.3 Licensing and Qualification Procedures 11
  • Article   13.4 Review 11
  • Article   9 BisAdministration of Measures of General Application 11
  • Article   9 Ter Appeal of Administrative Decisions 11
  • Chapter   14 MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS 11
  • Article   14.1 Mutual Recognition of Professional Qualifications 11
  • Chapter   15 DELIVERY SERVICES 11
  • Article   15.1 Scope and DefinitionsThis Section Sets Out the Principles of the Regulatory Framework for All Delivery Services. 11
  • Article   15.2 Universal Service 11
  • Article   15.3 Prevention of Market Distortive Practices 12
  • Article   15.4 Licences 12
  • Article   15.5 Independence of the Regulatory Body 12
  • Chapter   16 TELECOMMUNICATIONS SERVICES 12
  • Article   16.1 Scope1. this Section Sets Out Principles of the Regulatory Framework for the Provision of Telecommunications Networks and Services, Liberalised Pursuant to Sections [...], [...] and [...] of this Chapter. 12
  • Article   16.2 Definitions 12
  • Article   16.3 Telecommunications Regulatory Authority 12
  • Article   16.5 Interconnection 12
  • Article   16.6 Access and Use 12
  • Article   16.7 Resolution of Telecommunications Disputes 12
  • Article   16.8 Competitive Safeguards on Major Suppliers 12
  • Article   16.11 Scarce Resources 12
  • Article   16.12 Number PortabilityEach Party Shall Ensure That Suppliers of Public Telecommunications Services Provide Number Portability, on a Timely Basis, and on Reasonable Terms and Conditions. 12
  • Article   16.13 Universal Service 12
  • Article   16.15 Foreign Shareholding 12
  • Article   16.16 Open and Non-discriminatory Internet Access 12
  • Article   16.17 International Mobile Roaming . the Parties Shall Endeavour to Cooperate on Promoting Transparent and Reasonable Rates 12
  • Chapter   17 INTERNATIONAL MARITIME TRANSPORT SERVICES 12
  • Article   17.1 Scope, Definitions and Principles 12
  • Chapter   18 FINANCIAL SERVICES 13
  • Article   18.1 Scope1. this Chapter Applies to a Measure Adopted or Maintained by a Party Relating to: 13
  • Article   18.2 Definitions for the Purposes of this Chapter: (a) “financial Service” Means a Service of a Financial Nature, Including Insurance 13
  • Article   18.3 National Treatment 13
  • Article   18.4 Public Procurement 13
  • Article   18.5 Most Favoured Nation Treatment 13
  • Article   18.6 Market Access 13
  • Article   18.7 Cross-border Supply of Financial Services 13
  • Article   18.8 Senior Management and Boards of Directors 13
  • Article   18.9 Performance Requirements 13
  • Article   18.10 Non-conforming Measures 13
  • Article   18.11 Prudential Carve-out 14
  • Article   18.12 Treatment of Information 14
  • Article   18.13 Domestic Regulation and Transparency 14
  • Article   18.14 Financial Services New to the Territory of a Party 14
  • Article   18.15 Self-regulatory Organisations 14
  • Article   18.16 Payment and Clearing Systems 14
  • Article   18.17 Financial Services Committee 14
  • Article   18.18 Consultations 14
  • Article   18.19 Dispute Settlement 14
  • Chapter   19 DIGITAL TRADE 14
  • Chapter   Chapter I General Provisions 14
  • Article   19.1 Scope 14
  • Article   19.1 Bis Right to Regulate 14
  • Article   19.2 Definitions 14
  • Article   19.3 Exceptions 14
  • Chapter   Chapter IT Data Flows and Personal Data Protection 14
  • Article   19.4 Cross-border Data Flows: Prohibition of Data Localisation 14
  • Article   19.5 Protection of Personal Data and Privacy 14
  • Chapter   Chapter IIT Specific Provisions 14
  • Article   19.6 Customs Duties on Electronic Transmissions 14
  • Article   19.7 No Prior Authorisation 14
  • Article   19.8 Conclusion of Contracts by Electronic Means 14
  • Article   19.9 Electronic Trust Services and Electronic Authentication 14
  • Article   19.10 Online Consumer Trust 15
  • Article   19.11 Unsolicited Direct Marketing Communications 15
  • Article   19.12 Prohibition of Mandatory Transfer of or Access to Source Code 15
  • Article   19.13 Cooperation on Regulatory Issues with Regard to Digital Trade1. the Parties Shall Maintain a Dialogue on Regulatory Issues Raised by Digital Trade, Which Shall Inter Alia Address the Following Issues: 15
  • Article   19.14 Review 15
  • Chapter   20 15
  • Article   20.1 Objective and Scope 15
  • Article   20.2 Current Account 15
  • Article   20.3 Capital Movements 15
  • Article   20.4 Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers 15
  • Article   20.5 Temporary Safeguard Measures 15
  • Article   20.6 Restrictions In Case of Balance of Payments and External Financial Difficulties 15
  • Chapter   21 PUBLIC PROCUREMENT 15
  • Article   21.1 Definitions 15
  • Article   21.2 Scope and Coverage 15
  • Article   21.3 Security and General Exceptions 16
  • Article   21.4 General Principles 16
  • Article   21.5 Information on the Procurement System 16
  • Article   21.6 Notices 16
  • Article   21.7 Conditions for Participation 16
  • Article   21.8 Qualification of SuppliersRegistration Systems and Qualification Procedures 16
  • Article   21.9 Technical Specifications 16
  • Article   21.10 Tender Documentation 17
  • Article   21.10 BisEnvironmental and Social Considerations 17
  • Article   21.11 Time-periods 17
  • Article   21.12 Negotiation 17
  • Article   21.13 Limited Tendering 17
  • Article   21.14 Electronic Auctions 17
  • Article   21.15 Treatment of Tenders and Awarding of ContractsTreatment of Tenders 17
  • Article   21.16 Transparency of Procurement Information 17
  • Article   21.17 Disclosure of Information 17
  • Article   21.18 Domestic Review Procedures 17
  • Article   21.19 Modifications and Rectifications to Coverage 17
  • Article   21.20 Sub-Committee on Government Procurement 18
  • Article   21.6 Paragraph 7. 18
  • Article   21.21 Facilitation of Participation by Small and Medium Sized Enterprises (SMEs) 18
  • Article   21.22 Cooperation 18
  • Article   21.23 Further Negotiations 18
  • Chapter   22 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR 18
  • Article   22.1 Definitions 18
  • Article   22.2 Scope of Application 18
  • Article   22.3 General Provisions 18
  • Article   22.4 Non-discriminatory Treatment and Commercial Considerations 18
  • Article   22.5 Regulatory Framework 18
  • Article   22.6 Transparency 18
  • Article   22.7 Party-Specific Annexes 18
  • Chapter   23 COMPETITION POLICY 18
  • Article   23.1 Principles 18
  • Article   23.2 Legislative Framework 18
  • Article   23.3 Implementation 18
  • Article   23.4 Cooperation 18
  • Article   23.5 Consultation 18
  • Article   23.6 Non-application of Dispute Settlement 18
  • Chapter   24 SUBSIDIES 18
  • Article   24.1 Principles 18
  • Article   24.2 Definition and Scope 18
  • Article   24.3 Relationship with the WTO 19
  • Article   24.4 Transparency 19
  • Article   24.5 Consultations 19
  • Article   24.6 Subsidies Subject to Conditions1. Each Party, When Granting the Following Subsidies, Shall Apply Conditions as Stated Below: 19
  • Article   24.7 Use of SubsidiesEach Party Shall Ensure That Enterprises Use Subsidies Only for the Explicitly Defined Policy Objective for Which the Subsidies Have Been Granted‘, 19
  • Article   24.8 Exclusion from Dispute SettlementDispute Settlement Does Not Apply to Paragraph 5 of Article 24.5 (Consultations). 19
  • Section   SECTION C GENERAL PROVISIONS 19
  • Article   24.9 Confidentiality 19
  • Chapter   25 INTELLECTUAL PROPERTY 19
  • Section   1 General Provisions 19
  • Article   25.1 Definitions 19
  • Article   25.2 Objectives 19
  • Article   25.3 Principles 19
  • Article   25.4 National Treatment 19
  • Article   25.5 Intellectual Property and Public Health. 19
  • Article   25.6 Nature and Scope of Obligations. 19
  • Article   25.7 Exhaustion 19
  • Section   2 Standards Concerning Intellectual Property Rights 19
  • Article   25.8 International Agreements 19
  • Article   25.9 AuthorsEach Party Shall Provide for Authors the Exclusive Right to Authorise or Prohibit: 19
  • Article   25.10 Performers 19
  • Article   25.11 Producers of Phonograms 19
  • Article   25.12 Broadcasting Organisations 19
  • Article   25.13 19
  • Article   25.14 Term of Protection 19
  • Article   25.15 Resale Right 19
  • Article   25.16 Collective Management of Rights 19
  • Article   25.17 Exceptions and Limitations 19
  • Article   25.18 Protection of Technological Measures 20
  • Article   25.19 20
  • Article   25.20 International Agreements 20
  • Article   25.21 Rights Conferred by a Trademark 20
  • Article   25 Registration Procedure 20
  • Article   25.23 Well-known Trademarks 20
  • Article   25.24 Exceptions to the Rights Conferred by a Trademark1. Each Party: 20
  • Article   25.25 20
  • Article   25.26 Bad Faith Applications 20
  • Article   25.27 20
  • Article   25.28 Protection of Registered Designs!! 20
  • Article   25.29 U for the Purposes of Sub-Section (Designs), the Union Also Grants Protection to the Unregistered Design 20
  • Article   25.30 Exceptions and Exclusions 20
  • Article   25.31 Relationship to Copyright 20
  • Article   25.32 Definition and Scope of Application 20
  • Article   25.33 Listed Geographical Indications 20
  • Article   25.34 Amendment of the List of Geographical Indications 20
  • Article   25.35 Scope of Protection of Geographical Indications 20
  • Article   25.36 '3 as Indicated In Appendix to Annex III, Which Contains Terms for Which Protection Is Not Sought. 20
  • Article   25.37 Relation between Trademarks and Geographical Indications 20
  • Article   25.38 Enforcement of Protection 20
  • Article   25.39 General Rules 20
  • Article   25.40 [Sub-] Committee, Co-operation and Transparency 20
  • Article   25.41 Other Protection 20
  • Article   25.42 International Agreements 21
  • Article   25.43 21
  • Article   25.44 Scope of Protection of Trade Secrets 21
  • Article   25.45 Civil Judicial Procedures and Remedies of Trade Secrets 22
  • Article   25.46 Protection of Undisclosed Data Related to Pharmaceutical Products 22
  • Article   25.47 Protection of Data Related to Agrochemical Products 22
  • Article   25.48 22
  • Section   3 Enforcement of Intellectual Property RightsSub-Section 1 22
  • Article   25.49 General Obligations 22
  • Article   25.50 Persons Entitled to Apply for the Application of the Measures, Procedures and Remedies 22
  • Article   25.51 Evidence 22
  • Article   25.52 Right of Information 22
  • Article   25.53 Provisional and Precautionary Measures 22
  • Article   25.54 22
  • Article   25.55 Injunctions 22
  • Article   25.56 Alternative Measures 22
  • Article   25.57 Damages 22
  • Article   25.58 Legal Costs 22
  • Article   25.59 Publication of Judicial Decisions 22
  • Article   25.60 Presumption of Authorship or Ownership 22
  • Article   25.61 Administrative Procedures 22
  • Article   25.62 Border Measures 22
  • Article   25.63 Consistency with GATT and TRIPS Agreement 22
  • Section   5 Final Provisions 22
  • Article   25.64 Modalities of Cooperation 22
  • Article   25.65 Voluntary Stakeholder Initiatives 23
  • Chapter   26 TRADE AND SUSTAINABLE DEVELOPMENT 23
  • Section   1 Common Provisions 23
  • Article   26.1 Objectives 23
  • Article   26.2 Right to Regulate and Levels of Protection 23
  • Article   26.3 Trade and Responsible Business Conduct and Supply Chain Management 23
  • Article   26.4 Scientific and Technical Information 23
  • Article   26.5 Transparency and Good Regulatory Practices 23
  • Article   26.6 Public Awareness, Information, Participation and Procedural Guarantees 23
  • Article   26.7 Cooperation Activities 23
  • Section   2 Environment and Trade 23
  • Article   26.8 Objectives 23
  • Article   26.9 Multilateral Environmental Governance and Agreements 23
  • Article   26.10 Trade and Climate Change 23
  • Article   26.11 Trade and Forests 23
  • Article   26.12 Trade and Wild Flora and Fauna 23
  • Article   26.13 Trade and Biological Diversity 23
  • Article   26.14 Trade and Sustainable Management of Fisheries and Aquaculture 23
  • Section   3 Labour and Trade 24
  • Article   26.15 Labour Provisions Objectives 24
  • Article   26.16 Multilateral Labour Standards and Agreements 24
  • Article   26.18 Cooperation on Trade and Labour Issues 24
  • Section   4 Institutional Arrangements 24
  • Article   26.19 Sub-Committee on Trade and Sustainable Development and Contact Points 24
  • Article   26.20 Dispute Resolution 24
  • Article   26.21 Consultations 24
  • Article   26.22 Panel of Experts 24
  • Article   26.23 Review 24
  • Chapter   27 TRADE AND GENDER EQUALITY 24
  • Article   27.1 Context and Objectives 24
  • Article   27.2 Multilateral Agreements 24
  • Article   27.3 General Provisions 24
  • Article   27.4 Cooperation Activities 25
  • Article   27.5 Institutional Arrangements 25
  • Article   27.6 Dispute Resolution 25
  • Article   27.7 Review 25
  • Chapter   28 TRANSPARENCY 25
  • Article   28.1 Objective 25
  • Article   28.2 Definitions 25
  • Article   28.3 Publication 25
  • Article   28.5 Administrative Proceedings 1. Each Party Shall Administer In an Objective, Impartial, and Reasonable Manner All Laws, 25
  • Article   28.6 Review and Appeal 25
  • Article   28.7 Relation to other Chapters 25
  • Chapter   29 GOOD REGULATORY PRACTICES 25
  • Article   29.1 General Principles 25
  • Article   29.2 25
  • Article   29.3 Scope1. this Chapter Shall Apply to Regulatory Measures by Regulatory Authorities In Respect to 25
  • Article   29.4 Internal Coordination of Regulatory Development 25
  • Article   29.5 Transparency of the Regulatory Processes and Mechanisms 25
  • Article   29.7 Public Consultations1. When Preparing a Major’ Regulatory Measure, Each Party Shall When Applicable In 25
  • Article   29.8 Impact Assessment 25
  • Article   29.9 Retrospective Evaluation 25
  • Article   29.10 Regulatory Register 26
  • Article   29.11 Cooperation and Exchange of Information 26
  • Article   29.12 Contact Points 26
  • Article   29.13 Dispute Settlement 26
  • Chapter   Chapter X (Dispute Settlement) Shall Not Apply to this Chapter. 26
  • Chapter   30 SMALL AND MEDIUM-SIZED ENTERPRISES 26
  • Article   30.1 ObjectivesThe Parties Recognise the Importance of Small and Medium-sized Enterprises (hereinafter 26
  • Article   30.2 Information Sharing 26
  • Article   30.3 SME Contact Points 26
  • Article   30.4 Non-Application of Dispute Settlement 26
  • Chapter   31 DISPUTE SETTLEMENT 26
  • Section   1 OBJECTIVE AND SCOPE 26
  • Article   31.1 Objective 26
  • Article   31.2 Scope 26
  • Section   2 CONSULTATIONS 26
  • Article   31.3 Consultations 26
  • Section   3 PANEL PROCEDURES 26
  • Article   31.4 Initiation of Panel Procedures 26
  • Article   31.5 Establishment of a PanelA Panel Shall Be Composed of Three Panellists. 26
  • Article   31.6 Choice of Forum 26
  • Article   31.7 Lists of Panellists 26
  • Article   31.8 Requirements for PanellistsEach Panellist Shall: 26
  • Article   31.9 Functions of the PanelThe Panel: 27
  • Article   31.10 Terms of Reference 27
  • Article   31.11 Decision on Urgency 27
  • Article   31.12 Interim and Final Report 27
  • Article   31.13 Compliance Measures 27
  • Article   31.14 Reasonable Period of Time 27
  • Article   31.15 Compliance Review 27
  • Article   31.16 Temporary Remedies 27
  • Article   31.17 Review of Measures Taken to Comply after Temporary Remedies 27
  • Article   31.18 Replacement of Panellists 27
  • Article   31.19 Rules of Procedure 27
  • Article   31.20 Suspension and Termination 27
  • Article   31.21 Receipt of Information 27
  • Article   31.22 Rules of Interpretation 27
  • Article   31.23 Reports and Decisions of the Panel 27
  • Section   4 MEDIATION MECHANISM 27
  • Article   31.24 Objective 27
  • Article   31.25 Initiation of the Mediation Procedure 27
  • Article   31.26 Selection of the Mediator 27
  • Article   31.27 Rules of the Mediation Procedure 27
  • Article   31.28 ConfidentialityUnless the Parties Agree Otherwise, All Steps of the Mediation Procedure, Including Any Advice or Proposed Solution, Are Confidential. Any Party May Disclose to the Public the Fact That Mediation Is Taking Place. 27
  • Article   31.29 Relationship to Dispute Settlement Procedures1. the Mediation Procedure Is without Prejudice to the Parties’ Rights and Obligations Under Sections 2 and 3 or Under Dispute Settlement Procedures Under Any other Agreement. 27
  • Section   5 COMMON PROVISIONS 27
  • Article   31.30 Request for Information 27
  • Article   31.31 Mutually Agreed Solution 27
  • Article   31.32 Time Periods 27
  • Article   31.33 Costs 27
  • Article   31.34 Annexes 27
  • Chapter   32 EXCEPTIONS 27
  • Article   32.1 General Exceptions 27
  • Article   32.2 Security Exceptions 28
  • Article   32.3 Taxation 28
  • Article   32.4 Disclosure of Information 28
  • Article   32.5 WTO Waivers 28
  • Chapter   33 INSTITUTIONAL AND FINAL PROVISIONS 28
  • Section   SECTION a Institutional Provisions 28
  • Article   33.1 The Trade Council 28
  • Article   33.2 The Trade Committee 28
  • Article   33.3 Coordinators 28
  • Article   33.4 Sub-Committees and other Bodies 28
  • Article   33.5 Participation of Civil Society 28
  • Article   33.6 Domestic Consultative Groups 28
  • Article   33.7 Civil Society Forum 29
  • Section   SECTION B FINAL PROVISIONS 29
  • Article   33.8 Territorial Application1. this Agreement Shall Apply: 29
  • Article   33.9 Amendments1. the Parties May Agree, In Writing, to Amend this Agreement. such Amendments Shall 29
  • Article   33.10 Entry Into Force1. the Parties Shall Notify Each other of the Completion of Their Respective Internal 29
  • Article   33.11 Other Agreements 29
  • Article   33.12 Annexes, Appendices, Protocols and Notes, Footnotes and Joint Declarations 29
  • Article   33.13 Accession of New Member States to the European Union 29
  • Article   33.14 Private Rights 29
  • Article   33.15 Authentic Texts 29
  • Article   33.16 Duration 29
  • Article   33.17 Termination 29
  • Article   3. X [Local Presence - CBTS]; 29
  • Article   2.3 National Treatment INV] or 3.3 [National Treatment CBTS]; 29
  • Article   2.4 Most- Favoured- Nation- Treatment INV] [or 3.4 [Most- Favoured- Nation- Treatment [CBTS] ]; 29
  • Article   2.5 Senior Management and Boards of Directors]; or 29
  • Article   2.6 Performance Requirements].the Reservations of a Party Are without Prejudice to the Rights and Obligations of the 29
  • Chapter   Chapter/Section: Investment Liberalisation and Cross-border Trade In Services Level of Government: EU/Member State (unless Otherwise Specified) Description: (a) Type of Establishment 30
  • Chapter   Chapter/Section: Level of Government: 31
  • Article   78 Of Council Regulation (EC) No 6/2002 of 12 December 20013, 32
  • Chapter   Chapter/Section: Description: 33
  • Chapter   Chapter: Level of Government: 35
  • Chapter   Chapter: Investment Liberalisation; Cross-border Trade In Services Level of Government: EU/Member State (unless Otherwise Specified) Description: In CY: Nationality Requirement. 36
  • Chapter   Chapter: Cross-border Trade In Services 37
  • Article   5 37
  • Chapter   Chapter: Investment Liberalisation; Cross-border Trade In Services Level of Government: EU/Member State (unless Otherwise Specified) Description: (a) News and Press Agencies (CPC 962) 38
  • Chapter   Chapter: Level of Government: 38
  • Chapter   Chapter: Level of Government: 39
  • Chapter   Chapter/Section: Investment Liberalisation and Cross-border Trade In Services Description: the EU Reserves the Right to Adopt or Maintain Any Measure with Respect to the Following: 44
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 45
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 45
  • Chapter   Chapter: Cross-border Trade In Services Description: 46
  • Chapter   Chapter: Cross-border Trade In Services Description: 46
  • Chapter   Chapter: Cross-border Trade In Services Description: 46
  • Chapter   Chapter: Cross-border Trade In Services Description: 46
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 46
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 46
  • Chapter   Chapter: Description: 46
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 47
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 47
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 48
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 48
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 48
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 48
  • Chapter   Chapter: Description: 49
  • Chapter   Chapter: Description: 50
  • Chapter   Chapter: Investment Liberalisation and Cross-border Trade In Services Description: 51
  • Article   Arts and Cultural Industries Most-Favoured-Nation Treatment (Investment and CBTS) 52
  • Section   Section B Only Contains Non-discriminatory Limitations on Market Access. Discriminatory Limitations Are Scheduled In Sections C or D. 59
  • Section   SECTION A: COMMITMENTS FOR CROSS-BORDER TRADE IN FINANCIAL SERVICES 59
  • Section   SECTION B: 60
  • Section   Section C: Existing Measures Reservation 1: Sub-sector: Insurance and Insurance-related Services 60
  • Section   SECTION D: FUTURE MEASURES FOR FINANCIAL SERVICES 61
  • Article   1 Entry and Temporary Stay-related Procedural Commitments 62
  • Article   2 62
  • Article   3 Cooperation on Return and Readmission 62