. The Parties shall not fail to effectively enforce, through a sustained or recurring course of action or inaction, the protection granted under their respective laws aimed at ensuring gender equality or equal opportunities for women and men in a manner affecting trade or investment.
Article 27.4. Cooperation Activities
1. The Parties acknowledge the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening trade-related aspects of gender equality measures.
2. Accordingly, the Parties shall carry out cooperation activities designed to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement.
3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties.
4. Cooperation activities can be developed and implemented with the participation of UN, WTO, ILO, OECD and other international organisations as well as with third countries, businesses, employersâ and workersâ organizations, education and research organizations, other non-governmental organizations, as appropriate.
5. Areas of cooperation may include sharing experiences and best practices relating to policies and programmes to encourage women's increased participation in international trade as well as trade-related aspects of:
a)
b)
c)
d)
e)
g)
h)
d
k)
1)
promoting womenâs financial inclusion and education as well as access to financing and financial assistance;
advancing womenâs leadership and developing womenâs networks;
promoting womenâs full participation in the economy by encouraging their participation, leadership and education, in particular in fields in which they are underrepresented such as science, technology, engineering, mathematics (STEM), as well as innovation and business;
promoting of gender equality within enterprises; Womenâs participation in decision-making positions in the public and private sectors;
Public and private initiatives aimed at the promotion of female entrepreneurship, including the integration of women in the formal sector of the economy, enhancing the competitiveness of women-led enterprises to allow them to participate and compete in local, regional, and global value chains, and activities to promote the internationalisation of small and medium sized enterprises (SMEs) led by women;
Policies and programmes to improve women's digital skills and access to online business tools and e-commerce platforms;
Advancing care policies and programmes as well as work-life balance measures with a gender perspective;
Exploring the link between increased womenâs participation in international trade and the reduction of the gender pay gap;
Gender-based analysis of trade policies, including design, implementation and monitoring of their effects;
The collection of sex-disaggregated data, the use of indicators, monitoring and evaluation methodologies, and the analysis of statistics related to trade from a gender perspective;
Exploring linkages between women's participation in international trade and areas such as decent work, occupational segregation, and working conditions of women, including the safety and health at work of pregnant workers and workers who
have recently given birth, in line with literal f of Article 18 of the chapter on Trade and Sustainable Development;
m) Policies and programs to prevent, mitigate and respond to the differentiated economic impact that crises and emergencies have on women and men.
n) Other issues as agreed by the Parties.
6. The priorities for cooperation activities will be decided jointly by the Parties based on areas of mutual interest and available resources.
7. Cooperation, including in the areas set out in paragraph 5, may be undertaken in person or by any technological means available to the Parties, through activities such as: workshops, seminars, conferences, collaborative programmes and projects; exchange of experiences, and sharing of best practices on policies and procedures; and the exchange of experts.
8. Through the TSD Sub-Committee, the Parties shall encourage efforts by the bodies established in this Agreement to integrate gender-related issues, considerations and activities in their work.
9. The Parties shall encourage inclusive participation of women in the implementation of the cooperation activities established under this article, as appropriate.
Article 27.5. Institutional Arrangements
1. The Sub-Committee on Trade and Sustainable Development established by Article X.4 (Sub-Committees) shall be the body responsible for the implementation of this chapter. Article 26.19 of the chapter on Trade and Sustainable Development shall apply to this Chapter mutatis mutandisâ.
2. When interacting with the civil society mechanism established under Article XX (General Institutional Chapter) of this Agreement, the Parties shall encourage the participation of organisations promoting equality between men and women.
Article 27.6. Dispute Resolution
1. Article 26.20 [Dispute Resolution], Article 26.21 [Consultations] and Article 26.22 [Panel of Expert] of the chapter on Trade and Sustainable Development shall apply to this Chapter mutatis mutandisâ.
' For greater certainty, any reference to the Trade and Sustainable Development Chapter, or to environmental and labour issues or matters, in that Article shall be understood as referring to this Chapter, or gender issues or matters, as applicable.
2 For greater certainty, any reference to the Trade and Sustainable Development Chapter, or to environmental and labour issues, matters or laws, in those Articles shall be understood as referring to this Chapter, or gender issues, matters or laws related to these issues or matters, as applicable.
Article 27.7. Review
1. The Parties agree on the importance of monitoring and assessing, jointly or individually, the impact of the implementation of this Agreement on equality between men and women and opportunities provided for women in relation to trade through their respective processes and institutions, as well as those set up under this Agreement.
2. The Parties may review these provisions in light of experience gained in their implementation and if necessary, suggest how they may be strengthened.
Chapter 28. TRANSPARENCY
Article 28.1. Objective
1. Recognising the impact which their respective regulatory environment may have on trade and investment between them, the Parties aim at providing a predictable regulatory environment and efficient procedures for economic operators, especially small and medium- sized enterprises.
2. Reaffirming their respective commitments under the WTO Agreement, in this Chapter the Parties built on those commitments and lay down further arrangements for transparency.
Article 28.2. Definitions
For the purposes of this [Chapter]:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of another Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice;
administrative decision means a decision or action with a legal effect that applies to a specific person, good or service in an individual case, and covers the failure to take an administrative decision as provided for in the Party's domestic law and legal system.
Article 28.3. Publication
Each Party shall ensure that a law, regulation, procedure, administrative ruling of general application and judicial decision with respect to any matter covered by this Agreement:
(a) is promptly published via an officially designated medium and where feasible, electronic means, or otherwise made available in such a manner as to enable any person to become acquainted with them;
(b) provides an explanation of the objective of, and rationale for, the measure; and
(c) allows for sufficient time between publication and entry into force of laws and regulations, except where it is not possible on grounds of urgency. This provision does not apply in relation to [judicial decisions] and administrative
rulings. Article 28.4 Enquiries 1. Each Party shall establish or maintain appropriate mechanisms for responding to
enquiries from any person regarding any laws or regulations, with respect to any matter covered by this Agreement.
2. Upon request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any law or regulation whether in force or planned, with respect to any matter covered by this Agreement, unless a specific mechanism is established under another Chapter of this Agreement.
Article 28.5. Administrative Proceedings 1. Each Party Shall Administer In an Objective, Impartial, and Reasonable Manner All Laws,
regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement.
2. Each Party, in applying such measures to particular [natural and legal]! persons, goods or services of the other Party in specific cases shall:
(a) endeavour to provide persons who are directly affected by administrative proceedings, with reasonable notice, in accordance with its laws and regulations, when proceedings are initiated, including a description of the nature of the proceedings, a statement of the legal authority under which the proceedings are initiated and a general description of any issues in controversy;
(b) afford such persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative decision in so far as time, the nature of the proceedings [and the public interest] permit.
Article 28.6. Review and Appeal
1. Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures, for the purpose of the prompt review and, where warranted, correction of administrative decision with respect to any matter covered by this Agreement.
2. Each Party shall ensure that its procedures for appeal or review are carried out in a non-discriminatory and impartial manner by its tribunals. Those tribunals shall be impartial and independent of the authority entrusted with administrative enforcement and shall not have any interest in the outcome of the matter.
3. Each Party shall ensure that with respect to the tribunals or procedures referred to in paragraph 1, the parties to those proceedings are provided with the right to:
(a) areasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the relevant authority.
4. The decision in paragraph 3 (b) shall, subject to appeal or further review as provided for in its law, be implemented by the authority entrusted with administrative enforcement.
' Note â to drop if the agreement defines "person" as natural and legal person.
Article 28.7. Relation to other Chapters
The provisions set out in this Chapter supplement the specific rules set out in other Chapters of this Agreement.
Chapter 29. GOOD REGULATORY PRACTICES
Article 29.1. General Principles
1. The Parties recognise the importance of:
a) using good regulatory practices in the process of planning, designing, issuing, implementing, evaluating and reviewing regulatory measures for achieving domestic policy objectives; and
b) maintaining and enhancing the benefits of this Agreement to facilitate trade in goods and services and increasing investment between the Parties.
2. Each Party shall be free to determine its approach to good regulatory practices under this Agreement in a manner consistent with its own legal framework, practice and fundamental principles, including the precautionary principle, underlying its regulatory system.
3. The provisions in this Chapter shall not be construed as to require a Party to: (a) deviate from domestic procedures for preparing and adopting regulatory
measures,
(b) take actions that would undermine or impede the timely adoption of regulatory
measures to achieve its public policy objectives, or
(c) achieve any particular regulatory outcome.
Article 29.2.
Definitions For the purposes of this Chapter:
(a) âregulatory authority" means:
@) for the European Union: the European Commission; and
Gi) âfor Chile: Any regulatory authority of the executive branch. (b) "regulatory measures" means:
(i) for the European Union:
(1) regulations and directives, as provided in Article 288 of the Treaty on the Functioning of the European Union (TFEU);
(2) implementing and delegated acts, as provided in Article 290 and Article 291 TFEU, respectively;
(ii) | For Chile: Laws' and Decrees of general application, adopted by the
regulatory authorities and which compliance is mandatory.
Article 29.3. Scope1. this Chapter Shall Apply to Regulatory Measures by Regulatory Authorities In Respect to
any matter covered by this Agreement.
2. This Chapter does not apply to regulatory authorities and regulatory measures,
ptactices or approaches, of the Member States of the European Union.
Article 29.4. Internal Coordination of Regulatory Development
Each Party shall maintain internal coordination or review processes or mechanisms with respect to regulatory measures that its regulatory authorities are preparing. Such processes or
mechanisms should seek, inter alia, to:
(a) foster good regulatory practices, including those set forth in this Chapter;
' Potestad Reglamentaria de ejecucién
(b) identify and avoid unnecessary duplication and inconsistent requirements in
the Partyâs regulatory measures; (c) consider its international trade obligations; and
(d) promote consideration of the impacts of the regulatory measures under
preparation, including those on small and medium-sized enterprises.
Article 29.5. Transparency of the Regulatory Processes and Mechanisms
Each Party shall make publicly available descriptions, in accordance with its respective rules and procedures, of the processes and mechanisms used by its regulatory authority to prepare, evaluate or review regulatory measures. These descriptions shall refer to relevant guidelines,
tules or procedures, including those regarding opportunities for the public to provide
comments. Article 29.6 Early Information on Planned Regulatory Measures 1. Each party shall endeavour to publish on an annual basis, in accordance with its
repective rules and procedures, information on majorâ planned regulatory measures.
2. With respect to each major regulatory measure included in paragraph 1, each Party
shall endeavour make publicly available, in a timely manner: (a) a brief description of its scope and objectives;
(b) if available, the estimated timing for its adoption , including where applicable
opportunities for public consultations.
2 The regulatory authority of each party may determine whats constitute a major regulatory measure for the purposes of its obligations under this chapter.
Article 29.7. Public Consultations1. When Preparing a Majorâ Regulatory Measure, Each Party Shall When Applicable In
accordance with its respective rules and procedures:
(a) publish either the draft regulatory measures or consultation documents providing sufficient details about regulatory measures under preparation to allow any personâ to assess whether and how the person's interests might be
significantly affected;
(b) offer reasonable opportunities for any person, on a non-discriminatory basis,
to provide comments; and (c) consider the comments received.
2. The regulatory authority of each Party should make use of electronic means of communication and seek to maintain a dedicated electronic portal for the purposes of
providing information and receiving comments related to public consultations.
3. The regulatory authority of each Party shall endeavour make publicly available a summary of the results of the consultations or any comments received, except to the extent necessary to protect confidential information or withhold personal data or
inappropriate content.
Article 29.8. Impact Assessment
1. Each party shall promote that its regulatory authority, in accordance with the applicable rules and procedures, carries out Impact Assessments when proposing
major regulatory measures.
2. When carrying out an impact assessment, the regulatory authority of each Party shall
promote processes and mechanisms that consider the following factors:
3 The regulatory authority of each party may determine whats constitute a major regulatory measure for the purposes of its obligations under this chapter.
4 For greater certainty, this paragraph does not prevent a Party from undertaking targeted consultations with interested parties under conditions defined by its rules and procedures.
(a) the need for the regulatory measure, including the nature and the significance of the problem the regulatory measure intends to address;
(b) feasible and appropriate regulatory and non-regulatory alternatives (including the option of not regulating), if any, that would achieve the Party's public
policy objective;
(c) to the extent possible and relevant, the potential social, economic and environmental impact of those alternatives, including on international trade
and on small and medium-sized enterprises; and
(d) how the options under consideration relate to relevant international standards,
if any, incuding the reason for any divergence, where appropriate.
3. With respect to an impact assessment that a regulatory authority has conducted for a regulatory measure, each Party shall prepare a final report detailing the factors it considered in its assessment and the relevant findings. Such reports shall be made
publicly available when the regulatory measure is made publicly available.
Article 29.9. Retrospective Evaluation
The Parties recognise the positive contribution of periodic retrospective evaluations of regulatory measures in effect to reducing unecessary regulatory burdens, including on small and medium-sized enterprises, and to achieving more effectively public policy objectives. The Parties shall endeavour to promote the use of periodic retrospective