Chile - EU Interim Trade Agreement (2023)
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Article 25.18. Protection of Technological Measures

1. Each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned, carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.

2. Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:

(a) are promoted, advertised or marketed for the purpose of circumvention of, or

(b) have only a limited commercially significant purpose or use other than to circumvent, or

(c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measures.

3. For the purposes of this Sub-Section, the expression ‘technological measures’ means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter’, which are not authorised by the right holder of any copyright or related right as provided for by the law of a Party. Technological measures shall be deemed ‘effective’ where the use of a protected work or other subject matter is controlled by the right holders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective.

4. Notwithstanding the legal protection provided for in paragraph 1, in the absence of voluntary measures taken by the right-holders, each Party may take appropriate measures, as necessary, to ensure that the adequate legal protection against the circumvention of effective technological measures provided for in accordance with this Article does not prevent beneficiaries of exceptions or limitations provided for in accordance with Article 25.17 on exceptions and limitations from enjoying such exceptions or limitations.

Article 25.19.

7 Tt is understood that the expression ‘works or other subject matter’ in this sentence does not cover works or other subject matter whose term of protection has expired.

Obligations concerning Rights Management Information

1. Each Party shall provide adequate legal protection against any person knowingly performing without authority any of the following acts:

(a) the removal or alteration of any electronic rights-management information;

(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Sub-Section from which electronic rights-management information has been removed or altered without authority,

if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights as provided by national legislation.

2. For the purposes of this Article, the expression “rights-management information” means any information provided by right holders which identifies the work or other subject- matter referred to in this Article, the author or any other right holder, or information about the terms and conditions of use of the work or other subject-matter, and any numbers or codes that represent such information.

3. Paragraph 2 shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject-matter referred to in this Article.

Sub-Section 2

Trademarks

Article 25.20. International Agreements

Each Party:

U1 shall accede to/ adhere to the Protocol related to the Madrid Agreement concerning the International Registration of Marks,

O shall comply with the Trademark Law Treaty and with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, and

UO shall make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks.

Article 25.21. Rights Conferred by a Trademark

Each Party shall provide that the owner of a registered trademark has the exclusive right to prevent third parties that do not have the owner’s consent from using in the course of trade identical or similar signs to those in respect of which the trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.

Article 25. Registration Procedure

1 Each Party shall provide for a system for the registration of trademarks in which each final negative decision, including partial refusal, taken by the relevant trademark administration shall be communicated in writing to the relevant party and duly reasoned.

2. Each Party shall provide for the possibility to oppose trademark applications or, when appropriate according to domestic legislation, trademark registrations. Such opposition proceedings shall be adversarial.

3. Each Party shall provide a publicly available electronic database of trademark applications and trademark registrations.

Article 25.23. Well-known Trademarks

For the purpose of giving effect to protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention (1967) and Article 16(2) and (3) of the TRIPS Agreement, the Parties affirm the importance of the Joint Recommendation adopted by the assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization (WIPO) at the Thirty-Fourth

Series of Meetings of the Assemblies of the Member States of WIPO (September 1999).

Article 25.24. Exceptions to the Rights Conferred by a Trademark1. Each Party:

(a) shall provide for the fair use of descriptive terms as a limited exception to the rights conferred by trademarks; and

(b) may provide for other limited exceptions,

provided that these exceptions take account of the legitimate interests of the owners of the trademarks and of third parties.

2. The trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

(a) his own name or address;

(b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;

(c) the trademark where it is necessary to indicate the intended purpose of a good or service, in particular as accessories or spare parts;

provided he uses them in accordance with honest practices in industrial or commercial 8 matters”.

3. Each Party may provide that the trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Party in question and within the limits of the territory in which it is recognised.

Article 25.25.

8 Alternatively, a Party may make such use subject to not being misleading or creating confusion among the relevant part of the public.

Grounds for revocation

1. Each Party shall provide that a trademark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the relevant territory in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.

However, a Party may provide that no person may claim that the proprietor's rights in a trademark should be revoked where, during the interval between expiry of the five-year period and filing of the application for revocation, genuine use of the trademark has been started or resumed. The commencement or resumption of use within a period of three months preceding the filing of the application for revocation which began at the earliest on expiry of the continuous period of five years of non-use, shall, however, be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed.

2. A trademark shall also be liable to revocation if, after the date on which it was registered in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a good or service in respect of which it is registered.?

Article 25.26. Bad Faith Applications

A trademark shall be liable to be declared invalid where the application for registration of the trademark was made in bad faith by the applicant. Each Party may also provide that such a trademark shall not be registered.

Sub-Section 3

Designs!°

Article 25.27.

° A trademark may also be liable to revocation if, after the date on which it was registered in consequence of the use made of it by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

10 References in this Chapter to designs are those to registered industrial designs.

International Agreements

Each Party shall make all reasonable efforts to accede to the Geneva Act to The Hague Agreement Concerning the International Registration of Industrial Designs (1999).

Article 25.28. Protection of Registered Designs!!

1. Each Party shall provide for the protection of independently created designs that are new or original.'* This protection shall be provided by registration and shall confer an exclusive right upon their holders in accordance with the provisions of this article.

2. The holder of a registered design shall have the right to prevent third parties not having the holder’s consent at least from making, selling, importing, exporting the product bearing and embodying the protected design or using articles bearing or embodying the protected design when such acts are undertaken for commercial purposes, unduly prejudice the normal exploitation of the design, or are not compatible with fair trade practice.

3. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new or original:

(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter, and

(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty or originality.

4. "Normal use" within the meaning of paragraph 3(a) shall mean use by the end user, excluding maintenance, servicing or repair work.

Article 25.29. U for the Purposes of Sub-Section (Designs), the Union Also Grants Protection to the Unregistered Design

when it meets the requirements of Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs, as last amended by Council Regulation (EC) No. 1891/2006 of 18 December 2006.

B The Parties agree that when the domestic law of a Party so provides, individual character of designs can also be required. This refers to designs that significantly differ from known designs or combinations of known designs’ features. The Union considers designs to have individual character if the overall impression it produces on the informed users differs from the overall impression produced on such a user by any design which has been made available to the public.

Duration of Protection

The duration of protection available shall amount to at least 15 years from the date of filing of the application.

Article 25.30. Exceptions and Exclusions

1. Each Party may provide limited exceptions to the protection of designs provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the holder of the protected design, taking account of the legitimate interests of third parties.

2. Design protection shall not extend to designs dictated essentially by technical or functional considerations. In particular a design right shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function.

3. By way of derogation from paragraph 2, a design may subsist in a design, which has the purpose of allowing the multiple assembly or connection of mutually interchangeable products within a modular system.

Article 25.31. Relationship to Copyright

A design shall also be eligible for protection under the law of copyright of a Party as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Party.

Sub-Section 4

Geographical Indications

Article 25.32. Definition and Scope of Application

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

2. This Sub-section applies to geographical indications, which identify products listed in Annex III.

3. The Parties agree to consider extending the scope of geographical indications covered by this Sub-section after its entry into force to other product classes of geographical indications not covered by the scope referred to in paragraph 2, and in particular handicrafts, by taking into account the legislative development of the Parties.

4. Geographical indications of a Party to be protected by the other Party shall only be subject to this Sub-Section if they are protected as such in the country of origin.

Article 25.33. Listed Geographical Indications

Parties, having examined both the legislation of the other Party referred to in Annex I to this Sub-Section and the geographical indications of the other Party listed in Parts A and B in Annex II, and having completed proper publicity measures, in accordance with the laws and ptactices of each Party, undertake to protect those geographical indications listed in Annex II in accordance with the level of protection laid down in this Sub-Section.

Article 25.34. Amendment of the List of Geographical Indications

Parties agree on the possibility to amend the list of geographical indications to be protected in Annex III as laid down in this Agreement in accordance with Article X.25.33. Additions to the Annex II from each Party shall not exceed 45 geographical indications every 3 years following the entry into force of the agreement. New geographical indications shall be added after having completed the opposition procedure in accordance with the criteria set out in Annex II and after having examined the geographical indications, to the satisfaction of both Parties. This shall also be applicable to amendments of listed geographical indications in Annex III unless this is considered a minor change by both Parties related to the spelling of a protected GI or the reference to the denomination of the geographical area it is attributable to. A geographical indication shall be included by mutual consent of the Parties.

Article 25.35. Scope of Protection of Geographical Indications

1.- The geographical indications listed in Annex III, as well as those added pursuant to Article 25.34, shall be protected against:

a) any commercial use of the geographical indication, for the same type of product and that either:

(i) does not originate in the place of origin specified in Annex DI for that geographical indication; or

(ii) does originate in the place of origin specified in Annex III for that geographical indication but was not produced or manufactured in accordance with the product specification of the protected name, even where the name is accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘flavour’, or other expressions of the sort.

(b) the use of any means in the designation or presentation of a good that indicates or suggests that the good, in question originates in a geographical area other than the true place of origin in a manner which bears the risk to mislead the public as to the geographical origin of the good.

(c) any use which constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention for the Protection of Industrial Property (1967) done at Stockholm on 14 July 1967, including the exploitation of the reputation of a geographical indication or any false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material, or the documents related to the goods themselves, and any practice liable to mislead the consumer as to the true origin of the product.

2.- Protected geographical indications shall not become generic in the territories of the Parties.

3.- There shall be no obligation under this Sub-section to protect geographical indications, which are not or cease to be protected in their territory of origin.

Furthermore, no Party shall preclude the possibility that the protection or recognition of a geographical indication may be cancelled by the competent authorities in the territory of its origin on the basis that the protected or recognized term has ceased meeting the conditions upon which the protection or recognition was originally granted in its territory of origin.

The Parties shall notify each other if a geographical indication ceases to be protected in its territory of origin. Such notification shall take place in accordance with procedures laid down in Article X.25.40

4.- Nothing in this agreement shall prejudice the right of any person to use, in the course of trade, that person’s name of that person’s predecessor in business, except where such name is used with the purpose to mislead the public.

5- The protection provided under this Article shall apply to the translation of the geographical indications listed in Annex III, if the use of such translation bears the risk to mislead the public.

If a translation of a geographical indication is identical with or contains within it generic or descriptive terms, including nouns and adjectives, or customary in common language, as the common name for a product in the territory of a Party, or if a geographical indication is not identical with but contains within it such a term, the provisions of this Sub-Section shall not prejudice the right of any person to use that term in association with that product.

6.- The protection provided under this Sub-section shall not apply to an individual component of a multicomponent term that is protected as a geographical indication contained in Annex Ill, if the individual component'? is a term in the common language as the common name for the associated product.

7.- Nothing in this Sub-Section shall prevent the use in the territory of a Party, with respect to any product, of a name of a plant variety or an animal breed.!4

8.- For new geographical indications to be added, nothing shall require a Party to protect a geographical indication which is identical to the term customary in common language as the common name for the associated good in the territory of that Party.>

Article 25.36. '3 as Indicated In Appendix to Annex III, Which Contains Terms for Which Protection Is Not Sought.

'4 The Parties define in the Appendix to Annex III the plants varieties and animal breeds the use of which shall not be prevented.

'5 In determining for new geographical indications to be added, whether a term is the term customary in common language as the common name for the relevant good in the territory of a Party, that Party’s authorities shall have the authority to take into account how consumers understand the term in the territory of that Party. Factors relevant to such consumer understanding may include: (a) whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers and relevant websites; or (b) how the good referenced by the term is marketed and used in trade in the territory of that Party.

Right of use of geographical indications

1. A name protected under this Sub-section may be used by any operator marketing a product which conforms to the corresponding specification.

2. Once a geographical indication is protected under this Sub-section, the use of such protected name shall not be subject to any registration of users, or further charges.

Article 25.37. Relation between Trademarks and Geographical Indications

1. Parties shall refuse to register a trademark the use of which would contravene Article 25.35 and which relates to a same type of product, provided the application to register the trade mark is submitted after the date of application for protection of the geographical indication in the territory of the Party concerned.

Trademarks registered in breach of the first subparagraph shall be invalidated, ex officio or at the request of an interested party, in accordance with the Law and practices of the Parties.

2. For geographical indications referred to in Article 25.33, the date of submission of the application for protection referred to in paragraph 1 shall be 1 November 2022.

3. For geographical indications referred to in Article 25.34, the date of submission of the application for protection shall be the date of the transmission of a request to the other Party to protect a geographical indication provided the successful conclusion of the process.

4. The Parties shall protect geographical indications also where a prior trade mark exists. A prior trade mark shall mean a trade mark the use of which contravenes Article 25.35, which has been applied for registered or established by use, if that possibility is provided for by the legislation concerned, in good faith in the territory of one Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Agreement. Prior registered trademarks in “good faith” can be continued to be renewed and to be subject to variations that may require the filing of new trademark applications, provided that these variations are not undermining the protection of geographical indications and there are no grounds for invalidation of the trademark under the Parties law.

Article 25.38. Enforcement of Protection

Parties shall enforce the protection provided for in Articles 25.35 to 25.37 by administrative action at the request of an interested party. Additional administrative and judicial steps to prevent or stop the unlawful use of protected geographical indications shall be provided by

the Parties, within their own legal system and practice.

Article 25.39. General Rules

1. A Party shall not be required to protect a name as a geographical indication under this Agreement if that name conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product.

2. If geographical indications of the Parties are homonymous, protection shall be granted by the other Party to each indication provided there is sufficient distinction in practice between conditions of usage and presentation of the names, so as to not mislead the consumer.

3. Where a Party, in the context of bilateral negotiations with a third party, proposes to protect a geographical indication of that third party which is homonymous with a geographical indication of the other Party, the latter shall be informed and be given the opportunity to comment before that name is protected.

4. Import, export and marketing of products corresponding to the names referred to in Annex If shall be conducted in compliance with the laws and regulations applying in the territory of the Party in which the products are placed on the market.

5. Any matter arising from product specifications of protected geographical indications shall be dealt with in the [Sub-] Committee established in Article 25.40.

6. The geographical indications protected under this Agreement may only be cancelled by the Party in which the product originates.

7. A product specification referred to in this Sub-Section shall be that approved, including any amendments also approved, by the authorities of the Party in the territory from which the product originates.

Article 25.40. [Sub-] Committee, Co-operation and Transparency

Parties agree to set up a [Sub-] Committee consisting of representatives of the European Union and Chile with the purpose of monitoring the development of this Sub-Section and of intensifying their co-operation and dialogue on geographical indications.

The [Sub-] Committee adopts its decisions by consensus. It shall determine its own rules of procedure. It shall meet at the request of either of the Parties, alternatively in the European Union and in Chile, at a time and a place and in a manner (which may include by videoconference) mutually determined by the Parties, but no later than [90] days after the request.

The [Sub-] Committee shall also see to the proper functioning of this Sub-Section and may consider any matter related to its implementation and operation. In particular, it shall be responsible for:

(a) [recommending] to amend Annex I as regards the references to the law applicable in the Parties,

(b) [recommending] to amend Annex II as regards the criteria to be included in the opposition procedure,

(c) [recommending] to modify Annex III as regard to geographical indications,

(d) exchanging information on legislative and policy developments on geographical indications and any other matter of mutual interest in the area of geographical indications,

(e) exchanging information on geographical indications for the purpose of considering their protection in accordance with this Sub-Section.

Parties shall notify each other if a geographical indication listed in Annex III ceases to be protected in the territory of the Party concerned. Following such notification, the [Sub-] Committee shall modify Annex II in accordance with paragraph 3(c) to end the protection under this Agreement.

Only the Party in which the product originates is entitled to request the end of the protection under this Agreement/Sub-Section of a geographical indication listed in Annex IIL

Parties shall notify, determine the nature, and apply of any minor change related to the spelling of a protected GI or the reference to the denomination of the geographical area it is attributable to.

Parties shall, either directly or through the [Sub-Committee], remain in contact directly on all matters relating to the implementation and the functioning of this Sub-Section. In particular, a Party may request from the other Party information relating to product specifications and their amendments, as well as contact points for control provisions.

Parties may make publicly available the product specifications or a summary thereof and contact points for control provisions corresponding to the geographical indications of the other Party protected pursuant to this Sub-Section.

Article 25.41. Other Protection

This Sub-Section shall apply without prejudice to the rights and obligations of the Parties in accordance with the Agreement establishing the World Trade Organisation, or any other multilateral agreement on intellectual property law to which Chile and the European Union are contracting parties.

The provisions of this Sub-section are without prejudice to the right to seek recognition and protection of a geographical indication under the relevant legislation of the Parties.

ANNEX I Legislation of the Parties

1. EUROPEAN UNION

(a) Regulation (EU) No 1151/2012" of the European Parliament and of the Council of 21

November 2012 on quality schemes for agricultural products and foodstuffs and its implementing Acts.

2. CHILE

(a) Law No. 19.039, which establishes rules applicable to industrial privileges and protection of industrial property rights, as last amended by Law No. 21.355, which amends Law No. 19.039, on industrial property, and Law No. 20.254, which establishes the National Institute of Industrial Property.

  • 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