4.2 participate in the FAOâs initiative on the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels;
4.3 seek to operate a fisheries management system that shall be based on the best scientific evidence available and on internationally recognized best practices for fisheries management and conservation as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species® and that is designed, inter alia, to:
(a) prevent overfishing and overcapacity; (b) reduce bycatch of non-target species; and
(c) promote the recovery of overfished stocks for all marine fisheries;
2 The term âillegal, unreported and unregulated fishingâ is to be understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2001 IUU Fishing Plan of Action) of the UN Food and Agricultural Organisation (FAO), adopted in Rome, 2001.
3 These instruments include, among others, and as they may apply, UNCLOS, the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, done at New York, December 4, 1995 (UN Fish Stocks Agreement), the FAO Code of Conduct for Responsible Fisheries, the 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, (Compliance Agreement) done at Rome, November 24, 1993, the 2001 IUU Fishing Plan of Action, and the 2009 FAO Agreement on Port State Measures to prevent, deter and eliminate illegal, unreported and unregulated fishing, done at Rome, November 22, 2009.
(d) promote fisheries management with an ecosystem approach, including through cooperation among the Parties.
4.4 in support of efforts to combat illegal, unreported and unregulated (IUV) fishing practices and to help deter trade in products from species harvested from those practices:
(a) implement effective measures to combat IUU fishing.
(b) ensure the use of monitoring, control, surveillance, compliance and enforcement systems, to:
(i) prevent and deter vessels that are flying its flag and its nationals from engaging in IUU fishing activities according to its international obligations and its law; and
(ii) address the transhipment at sea of fish or fish products to deter and avoid IUU fishing activities;
(c) implement port State measures;
(d) implement measures to prevent that IUU fish and fish products from entering in each Partyâs supply chains and to cooperate to this end, including by facilitating the exchange of information;
4.5 Participate actively in the work of the Regional Fisheries Management Organisations (RFMOs) to which they are members, observers, or cooperating non-contracting parties, with the aim of achieving good fisheries governance and sustainable fisheries, such as through the promotion of scientific research and the adoption of conservation measures based on best scientific evidence available the strengthening of compliance mechanisms, the undertaking of periodical performance reviews and the adoption of effective control, monitoring and enforcement of the RFMOs' management measures and, where applicable, the adoption and implementation of Catch Documentation or Certification Schemes and port state measures;
4.6 Strive to act consistently with relevant conservation and management measures adopted by Regional Fisheries Management Organizations of which it is not a member so as not to undermine those measures and endeavour not to undermine catch or trade documentation schemes operated by Regional Fisheries Management Organizations or Arrangements of which it is not a member;
4.7 Promote the development of sustainable and responsible aquaculture, taking into account its economic, social and environmental aspects, according to the implementation of the objectives and principles contained in the FAO Code of Conduct for Responsible Fisheries.
5. The Parties shall cooperate, as appropriate and consistent with Article 26.7 [Cooperation Activities], bilaterally and within RFMOs with the aim of promoting sustainable fishing practices and trade in fish products from sustainably managed fisheries. Additionally, the Parties may cooperate to exchange knowledge and good practices to support the implementation of this Article.
Section 3. Labour and Trade
Article 26.15. Labour Provisions Objectives
1. The Parties recognise that trade and investment provides opportunities for job creation and decent work, including for young people, with terms and conditions of employment that adhere to the principles in International Labor Organization Declaration of Fundamental Principles and Rights at Work and its Follow-Up (1998) and the ILO Declaration on Social Justice for a Fair Globalization of 2008;
2. The Parties aim to ensure high levels of labour protection in line with international labour standards they adhere to and to promote mutually supportive trade and labour policies with a view to improve the working conditions and quality of work life amongst employees. They will strive to improve the development and management of human capital for enhanced employability, business excellence, and greater productivity for the benefit of both the workers and enterprise. Accordingly, the Parties endeavor to provide opportunities for young people to develop skills to successfully access and remain in the labour market.
3. The Parties aim to cooperate on trade-related labour issues of mutual interest in order to strengthen the broader relationship between the Parties.
Article 26.16. Multilateral Labour Standards and Agreements
1. The Parties affirm their commitment to promote the development of international trade in a way that is conducive to decent work for all, in particular women, young people and persons with disabilities, in line with their respective obligations under the ILO, including those stated in ILO Declarations of 1998 and 2008.
2. Recalling the ILO Declaration on Social Justice for a Fair Globalisation of 2008, the Parties note that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.
3. Each Party shall effectively implement the ILO Conventions ratified by Chile and the Member States of the European Union respectively.
4. In accordance with the ILO Constitution and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, each Party shall respect, promote and effectively implement the internationally recognised core labour standards, as defined in the fundamental ILO Conventions, which are:
a) freedom of association and the effective recognition of the right to collective bargaining;
b) the elimination of all forms of forced or compulsory labour;
c) the effective abolition of child labour and a prohibition on the worst forms of child labour; and
d) the elimination of discrimination in respect of employment and occupation.
5. The Parties shall regularly exchange information on their respective progress with regard to the ratification of ILO Conventions or protocols that are classified as up-to-date by the ILO and to which they are not yet party.
6. Each Party shall promote the Decent Work Agenda as set out in the Declaration on Social Justice for a Fair Globalization of 2008 adopted by the International Labour Conference at its 97th Session, in particular with regard to:
a) decent working conditions for all, with regard to, inter alia, wages and earnings, working hours, other conditions of work and social protection;
b) social dialogue on labour matters among workers and employers and their respective organizations, and with relevant government authorities.
7. Consistent with its commitments under the ILO, each Party shall:
a) adopt and implement measures and policies regarding occupational health and safety;
b) maintain labour inspection system, in accordance with the relevant ILO standards on
labour inspection. Article 26.17 Forced or Compulsory Labour
1. Recalling that among the objectives of the Agenda 2030 is the elimination of forced labour, the Parties underline the importance of ratification and the effective implementation
of the 2014 Protocol to the Forced Labour Convention.
2. The Parties recognize the goal of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour.
3. Consequently, the Parties agree to identify opportunities for cooperation sharing information, experiences and good practices related to this matter.
Article 26.18. Cooperation on Trade and Labour Issues
1. Consistent with Article 26.7 [Cooperation Activities], the Parties shall consult and cooperate, as appropriate, bilaterally and in the context of the ILO, on trade-related labour issues of mutual interest, including, but not limited to:
(a) job creation and the promotion of productive, quality employment, including policies to generate job-rich growth and promote sustainable enterprises and entrepreneurship;
(b) promotion of improvements in business and labour productivity, particularly in respect of SMEs;
(c) human capital development, access to labour market and the enhancement of employability, in particular of young people, including through lifelong learning and vocational training, continuous education, training and the development and upgrading of skills, including in emerging and environmental industries;
(d) work-life balance and innovative workplace practices to enhance workersâ well- being;
(e) promotion of the awareness of the ILO Decent Work Agenda, including on the inter-linkages between trade and full and productive employment, labour market
adjustment, core labour standards, decent work in global supply chains, social protection and social inclusion, social dialogue and gender equality;
(f) promotion of decent quality jobs through trade, including the safety and health at work of pregnant workers and workers who have recently given birth;
(g) occupational safety and health and labour inspection, for example, improving compliance and enforcement mechanisms;
(h) addressing the challenges and opportunities of a diverse, multigenerational workforce, including:
@) promotion of equality and elimination of discrimination in respect of employment and occupation;
(ii) protection of vulnerable workers;
(i) improving labour relations, for example, best practice in alternative dispute resolution and tripartite consultation;
(j) the implementation of fundamental, priority and other up-to-date ILO Conventions, as well as the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policies, and the United Nation Guiding Principles on Business and Human Rights;
(k) labour statistics.
Section 4. Institutional Arrangements
Article 26.19. Sub-Committee on Trade and Sustainable Development and Contact Points
1. The Sub-Committee on Trade and Sustainable Development established by Article X.4 (Sub-Committees of part III of this Agreement) shall meet within a year of the date of entry into force of this Agreement, unless otherwise agreed by the Parties, and thereafter as
necessary in accordance with Article X.X (Sub-Committees and Other Bodies) of this Agreement. Meetings may be conducted in person or by any technological means available to the Parties.
For Chile, the Sub-Committee shall comprise senior officials or other level from the institutions responsible for trade, labour, environment and gender issues.
2. The Sub-Committee shall have specific sessions for environment and labour mattersâ, respectively, as well as cross-cutting issues related to trade and sustainable development.
3. The functions of the Sub-Committee are to: (a) facilitate, monitor and review the implementation of this Chapter;
(b) determine, organize, oversee and assess the cooperation activities of this Chapter, including exchange of information and experience on areas of mutual interest;
(c) report and make recommendations to the Trade Committee on any matter related to this Chapter, including with regard to topics for discussion with ... {the civil society mechanisms] referred to in Article ... of Chapter ... ;
(d) carry out the tasks referred to in Articles 26.21 [Consultations] and 26.22 [Panel of Experts];
(e) coordinate with other Sub-Committees established under this Agreement as appropriate, including the efforts referred to in Article 27.4, paragraph 8 of the chapter on Trade and Gender Equality;
(f) carry out any other functions as the Parties may agree.
4. The Sub-Committee, as mutually agreed, may consult or seek the advice of relevant stakeholders or experts over matters relating to the implementation of this Chapter.
All recommendations of the Sub-Committee shall be adopted by consensus.
5. The Sub-Committee shall publish a report, made by consensus, on its meeting after each of its meetings.
6. Each Party shall designate a contact point within its administration to facilitate communication and coordination between the Parties on any matter relating to the implementation of this Chapter. In the case of Chile, specific contact points for labour, environmental [and gender] matters shall be within its Undersecretariat of International Economic Relations of the Ministry of Foreign Affairs or its successor. Each Party shall promptly notify the other Party its contact point (s) and provide their contact information.
7. The contact point(s) shall:
(a) facilitate regular communication and coordination between the Parties,
(b) assist the Sub-Committee;
(c) communicate with its domestic civil society, as appropriate;
(d) work together, including with other appropriate bodies of their administrations, to develop and implement cooperative activities.
4 It could be done through consecutive sessions within the Trade and Sustainable Development Sub- Committee or as an isolated session.
Article 26.20. Dispute Resolution
1. The Parties shall make all possible efforts through dialogue, consultation, exchange of information and cooperation to address any disagreement between the Parties regarding the interpretation or application of this Chapter.
2. In case of a disagreement between the Parties regarding the interpretation or application of this Chapter, the Parties shall have recourse exclusively to the dispute resolution procedures established under Articles 26.21 [Consultations] and 26.22 [Panel of Experts]. [The provisions of this Chapter shall not be subject to the dispute resolution procedures under Chapter [Dispute Settlement]].
Article 26.21. Consultations
1. A Party (requesting Party) may, at any time, request consultations with the other Party (responding Party) regarding any matter arising in regard to the interpretation or application of this Chapter by delivering a written request to the responding Partyâs contact point. The request shall set out the reasons for requesting consultations, including a sufficiently specific description of the matter at issue and its relation to the provisions of this Chapter.
2. The responding Party shall, unless agreed otherwise with the requesting Party, reply in writing no later than ten days after the date of its receipt.
3. The Parties shall begin, unless they agree otherwise, consultations no later than 30 days after the date of receipt by the responding Party of the request.
4. The consultations may be held in person or by any technological means available to the Parties. If consultations are held in person, they shall be held in the territory of the responding Party, unless the Parties agree otherwise.
5. In the consultations:
a. the Parties shall provide sufficient information to enable a full examination of the matter; and
b. the Parties shall treat any information exchanged in the course of the consultations confidentially.
6. The Parties shall enter into consultations with the aim of reaching a mutually satisfactory resolution of the matter, taking into account opportunities for cooperation related to the matter. In matters related to the multilateral agreements referred to in this Chapter, the Parties shall consider information from the ILO or relevant bodies established under those agreements. Where relevant, the Parties may agree to seek advice from such organisations or bodies, or any other expert or body they deem appropriate to assist them in the consultations.
7. If the Parties are unable to resolve the matter in accordance with paragraphs 3 to 6 within 60 days from the request for consultations pursuant to paragraph 1, each Party may, by delivering a written request to the contact point of the other Party, request that the Sub- Committee on Trade and Sustainable Development be convened to consider the matter. The
Sub-Committee on Trade and Sustainable Development shall convene promptly and endeavour to agree on a resolution of the matter.
8. Each Party or the Sub-Committee on Trade and Sustainable Development seized pursuant to Article 22.7 may, if appropriate, seek the views of the ... [domestic civil society bodies set up under the Agreement] referred to in Article ... of Chapter ... or other expert advice.
9. If the Parties are able to resolve the matter, they shall document any outcome including, if appropriate, specific steps and timelines agreed upon. The Parties shall make the outcome available to the public, unless they agree otherwise.
Article 26.22. Panel of Experts
1. If, within 60 days of the delivery of a written request under Article 26.21 paragraph 7 for consideration of a matter by the Sub-Committee on Trade and Sustainable Development or, if no such request is made, within 120 days of the delivery of a written request for consultations under Article 26.21 paragraph 1, no mutually satisfactory resolution has been reached, a Party may request the establishment of a Panel of Experts to examine the matter.
Any such request shall be made in writing to the contact point of the other Party established in accordance with Article 26.19 paragraph 7. The request shall identify the reasons for requesting the establishment of a Panel of Experts, including a description of the matter at issue, and explain how that matter constitutes a breach of the covered provision(s) of this Chapter that it considers applicable.
2. Except as otherwise provided for in this Article, Articles X.5 [Establishment of a panel], X.8 [Functions of the Panel], paragraph 6 of X.11 [Interim and Panel Report], patagraph 1 of X.13 [Compliance Measures], X.14 [Reasonable Period of Time], X.18 [Replacement of Panellists], paragraph 2 of X.19 [Rules of Procedure], X.20 [Suspension and Termination], [X.21 [Receipt of information] ,| X.23 (Reports and Decisions of the Panel), X.32 [Mutually Agreed Solution], X.33 [Time Periods], X.34 [Costs], X.35 [Annexes] of Chapter X [Dispute Settlement],-as well as the Rules of Procedure in Annex ... and the Code of Conduct in Annex ... to Chapter ... (Dispute Settlement], shall apply mutatis mutandis.
3. The TSD Sub-Committee shall, at its first meeting after the entry into force of this Agreement, recommend to the Trade Committee the establishment of at least 15 individuals who are willing and able to serve on the Panel of Experts. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals that are not nationals of either Party and who may serve as chairperson to the Panel of Experts. Each Party shall propose at least five individuals for its sub-list. The Parties shall also select at least five individuals for the list of chairpersons. The TSD Sub-Committee shall ensure that the list is kept up to date and that the number of experts is maintained at least at 15 individuals.
4. The individuals referred to in paragraph 3 shall have specialised knowledge of or expertise in labour or environmental law, issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the disagreement, or be affiliated with the government of any Party, and shall comply with Annex ... [Code of Conduct] to Chapter ... [Dispute Settlement].
5. If the Panel of Experts is composed according to the procedures set out in paragraphs 3 and
4 of Article X.5 [composition of arbitration panel] of Chapter ... [Dispute Settlement], the experts shall be selected from the relevant individuals on the sub-lists referred to in paragraph 3 of this Article.
6. Unless the Parties agree otherwise within [five] days from the date of establishment of the Panel of Experts, as defined in paragraph 5 of Article X.5 [establishment of the arbitration panel] [Dispute Settlement], the terms of reference shall be:
"to examine, in the light of the relevant provisions of the Trade and Sustainable Development Chapter of the EU-Chile Association Agreement, the matter referred to in the request for the establishment of the Panel of Experts, and to issue a report, in accordance with Article 22 [Panel of Experts] of Chapter 26 [Trade and Sustainable Development], with its findings and recommendations for the resolution of the matter".
7. With regard to matters related to multilateral agreements referred to in this Chapter, the panel of experts should seek information from the ILO or relevant bodies established under those agreements, including any pertinent available interpretative guidance, findings or decisions adopted by the ILO and those bodies. Any such information shall be provided to both Parties for their comments.
8. The Panel of Experts shall interpret the provisions of this Chapter in accordance with the customary rules of interpretation of public international law, including those codified in the 1969 Vienna Convention on the Law of Treaties.
9. The panel of experts shall issue to the Parties an interim report and a final report setting out the findings of facts, the applicability of the relevant provisions and the rationale behind any findings, conclusions and the recommendations it makes.
10. The panel of experts shall deliver to the Parties the interim report within 100 days after the date of establishment of the panel of experts. When the panel of experts considers that this deadline cannot be met, the chairperson of the panel of experts shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel of experts plans to deliver its interim report. The time limits set out in this paragraph may be extended by mutual agreement of the Parties.
11. Each Party may deliver to the panel of experts a reasoned request to review particular aspects of the interim report within 25 days of its delivery. A Party may comment on the other Party's request within 15 days of the delivery of the request.
12. After considering those comments, the panel of experts shall prepare the final report. If no request to review particular aspects of the interim report is delivered within the time period referred to in paragraph 11, the interim report shall become the final report of the panel of experts.
13. The panel of experts shall deliver its final report to the Parties within 175 days of the date of establishment of the panel of experts. When the panel of experts considers that this time limit cannot be met, its chairperson shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel of experts plans to deliver its final report. The time limits set out in this paragraph may be extended by mutual agreement of the Parties.
14. The final report shall include a discussion of any written request by the Parties on the interim report and clearly address the comments of the Parties.
15. The Parties shall make the final report available to the public within 15 days of its delivery by the panel of experts.
16. If the Panel of Experts finds in the final report that a Party has not conformed with its obligations under this Chapter, the Parties shall discuss appropriate measures to be implemented taking into account the report and recommendations of the Panel of Experts. The responding Party shall inform its ... {domestic civil society mechanism set up under the Agreement] referred to in Article ... of Chapter ... and the other Party of its decisions on any actions or measures to be implemented no later than three months after the report has been made publicly available.
17. The TSD Sub-Committee shall monitor the follow-up to the report of the Panel of Experts and its recommendations. The ... {civil society mechanisms set up under the Agreement] referred to in Article(s) ... of Chapter ... may submit observations to the [body] in this regard.
Article 26.23. Review
1. For the purpose of enhancing the achievement of the objectives of this Chapter, the Parties shall discuss through the meetings of the Trade and Sustainable Development Sub- Committee its effective implementation, taking into account, inter alia, major policy developments in each Party and developments in international agreements.
2. Taking into account the outcome of such discussions, any Party may request the review of the provisions of this Chapter at any time after the date of entry into force of this Agreement. For this purpose, the Trade and Sustainable Development Sub-Committee may recommend to the Parties modifications to the relevant provisions of this Chapter, in accordance with the amendment procedure established in Article X [Amendments].
Chapter 27. TRADE AND GENDER EQUALITY
Article 27.1. Context and Objectives
. The Parties agree on the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that gender-responsive policies can play in this regard. These include removing barriers to women's participation in the economy and international trade, including improving equal opportunity for men and women in the labour market in access to work functions and sectors.
. The Parties acknowledge that international trade and investment are engines of economic growth and also recognise the important contribution by women to economic growth through their participation in economic activity, including business and international trade.
. The Parties recognise that women's participation in international trade can contribute to advancing their economic empowerment and economic independence. Furthermore, women's access to, and ownership of, economic resources contribute to sustainable and inclusive economic growth, prosperity, competitiveness, and the well- being of society. Accordingly, the Parties underline their intention to implement the provisions in this Agreement in a manner that promotes and enhances equality between men and women.
. The Parties recall the United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals pertaining to trade and gender equality, in particular Goal 5, which is to achieve gender equality and empower all women and girls.
. The Parties recall the objectives of the Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference in Buenos Aires in December 2017.
. The Parties recall their commitments under Article X [General Principles, Advanced Framework Agreement] on mainstreaming gender equality and the empowerment of women and girls as well as the respect for democratic principles and human rights and fundamental freedoms, as set out in the Universal Declaration of Human Rights and other relevant international human rights instruments related to gender equality to which they are party.
. Each party reaffirms their commitments under the Beijing Declaration and Platform for Action, noting in particular the objectives and provisions related to womenâs equal access to resources, employment, markets and trade.
8. The Parties reaffirm the importance of inclusive trade policies which contribute to the promotion of equal rights, treatment and opportunity between men and women as well as to the elimination all forms of discrimination against women.
9. The Parties emphasise the role of the private sector in fostering gender equality by applying non-discrimination and diversity policies in their corporate operations in line with international guidelines and standards endorsed or supported by the Parties.
10. The Parties aim to:
a. enhance their trade relations, cooperation and dialogue in ways that are conducive to equal opportunities and treatment for women and men, as workers, producers, traders or consumers, in accordance with their international commitments.
b. facilitate cooperation and dialogue with the aim of enhancing womenâs capacity, conditions and access to opportunities created by trade.
c. further improve their capacities to address trade-related gender issues, including through exchange of information and best practices.
Article 27.2. Multilateral Agreements
1. Each Party reaffirms its commitment to effectively implement its obligations under the Convention on the Elimination of all Forms of Discrimination Against Women, adopted by the United Nations General Assembly on December 18, 1979, noting in particular its provisions related to eliminating discrimination against women in economic life and in the field of employment.
2. The Parties recall their respective obligations under Article 26.16 Multilateral Labour Standards and Agreements of the Trade and Sustainable Development Chapter regarding the ILO Conventions related to gender equality and the elimination of discrimination in respect of employment and occupation ratified by Chile and Member States of the European Union.
3. Each Party reaffirms its commitment to effectively implement the obligations under other multilateral agreements addressing gender equality or womenâs rights to which it is a party.
Article 27.3. General Provisions
1. The Parties recognise the right of each Party to establish its own scope and guarantees of equal opportunities for men and women and to adopt or modify accordingly its relevant laws and policies, consistent with each Party's commitment to international agreements referred to in Article 27.2 (Multilateral Agreements).
. Each Party shall strive to ensure that its relevant law and policy provide for, and promote equal rights, treatment and opportunities between men and women, in accordance with their international commitments. Each Party shall strive to improve such law and policies.
. Each Party shall endeavour to gather sex-disaggregated data related to trade and gender with a view to better understanding the different impacts of trade policy instruments on women and men in their roles as workers, producers, traders or consumers.
. Each Party shall domestically promote public awareness of its law and policies related to gender equality, including their impact on and relevance for inclusive economic growth and for trade policy.
[EU: The Parties shall, when relevant, take into account the objective of equality between men and women when formulating, implementing and reviewing measures in the areas covered under this Agreement.]
. The Parties shall encourage trade and investment by promoting equal opportunities and participation for women and men in the economy and international trade. This includes inter alia measures that aim at: progressively eliminating all types of discrimination on grounds of sex, promoting the principle of equal pay for work of equal value in order to addressing the gender pay gap; as well as facilitating that women are not discriminated in employment and occupation, including for reasons of pregnancy and maternity.
. The Parties shall not, in order to encourage trade or investment, weaken or reduce the protection granted under their respective laws aimed at ensuring gender equality or equal opportunities for women and men.
. The Parties shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, their respective laws aimed at ensuring gender equality or equal opportunities for women and men, in a manner that weakens or reduces the protection granted in those laws in order to encourage trade or investment.