Chile - EU Interim Trade Agreement (2023)
Previous page Next page

g) Reduce food loss and waste in line with the SDG target 12.3

4. The Parties undertake to exchange information, expertise and experiences in the above fields, including through research and innovation cooperation.

Article 7.5. Fight Against Fraud along the Food Chain

The Parties recognise that fraud may affect the safety of the food chain, jeopardises the sustainability of food systems and undermines fair commercial practice, consumer confidence and resilience of food markets. The Parties agree to cooperate to detect and prevent food fraud.

The Parties undertake to exchange information, and experiences to improve the detection and counter food fraud, and to provide the assistance necessary to gather evidence of practices that are or appear to be non-compliant with their rules and/or that pose a risk to health of humans, animals or plants or the environment or mislead customers.

Article 7.6. Animal Welfare

The Parties recognise that animals are sentient beings and that the use of animals in food production systems comes with a responsibility for their wellbeing. They undertake to respect trade conditions for farmed animals and animal products that are aimed to protect animal welfare.

The Parties aim at reaching a common understanding on the international animal welfare standards of the World Organisation for Animal Health (OIE).

They will cooperate on the development and implementation of animal welfare standards on the farm, during transport, at slaughter and killing of animals, based on the Parties legislation.

4. Other areas of work may be addressed by the Subcommittee established in Article 7.8.

5. The Parties undertake to exchange information, expertise and experiences in the field of animal welfare.

6. The Parties will strengthen their research collaboration in the area of animal welfare to further develop science-based animal welfare standards.

7. The Parties undertake to cooperate in the OIE and in any other international fora in which the Parties agree with the aim to promote the further development of animal welfare standards and best practices and their implementation.

8. The Parties may establish a Technical Working Group to support the implementation of this Article under the Subcommittee established in Article 7.8.

Article 7.7. Fighting Antimicrobial Resistance

1. The Parties recognise that antimicrobial resistance is a serious threat to human and animal health and that the use, especially the misuse and overuse of antimicrobials in animals contributes to the overall development of antimicrobial resistance, which represents a major risk to public health. The Parties recognise that the nature of the threat is transnational.

2. The Parties agree to phase out the use of antibiotics as growth promoters. 3. The Parties, in accordance with One Health approach will:

1. Consider existing and future guidelines, standards, recommendations, and actions developed in relevant international organisations, where both parties agreed on, to develop initiatives and national plans aiming to promote the prudent and responsible use of antimicrobials in animal production and in veterinary practice.

2. Promote on instances jointly decided the responsible and prudent use, including, reduce the use of antimicrobials in animal production and phase-out the use of antimicrobials as growth promoters in animal production, and

3. Support the development of the international action plans on the fight against antimicrobial resistance and their further implementation when both parties consider appropriate.

4. The Parties could establish a Technical Working Group to support the implementation of this Article under the Subcommittee established in Article 7.8.

Article 7.8. The Subcommittee

. By way of derogation from article XX, the SPS Subcommittee when dealing with matters covered by this chapter, shall be composed for representatives of the European Union and Chile with responsibilities for sustainable food systems. This subcommittee shall then be called the Subcommittee on Sustainable Food Systems.

. The Subcommittee shall monitor the implementation of this Chapter and examine all matters, which may arise in relation to its implementation.

. The Subcommittee will agree every year on the actions to put in place in pursuing the objectives of this chapter. To monitor the progress achieved by the parties in establishing sustainable food systems, the Subcommittee will establish objectives and milestones for these actions. The Subcommittee will evaluate every year the results of the implementation of the actions agreed the previous year

. When appropriate, the Parties agree to establish technical working groups consisting of expert-level representatives of the Parties, which shall identify and address technical and scientific issues arising from the application of this Chapter.

Article 7.9. Cooperation In Multilateral Fora

. The Parties undertake to cooperate as appropriate, in multilateral fora to foster the global transition towards sustainable food systems that contribute to the achievement of internationally agreed environmental, nature and climate protection objectives.

. The Subcommittee established in Article 7.8 shall be the forum to exchange information

and cooperate in the field of matters covered by paragraph 1.

Article 7.10. Additional Provisions. the Parties Shall Ensure That the Activities of the Subcommittee Referred to In Article 7.8

do not endanger the independence of their respective national or regional agencies. The Subcommittee shall establish rules mitigating potential conflicts of interest for the participants of its meetings and those of any technical working group reporting to it.

2. Nothing in this Chapter shall affect the rights and obligations of each Party to protect confidential information, in accordance with each Party's relevant legislation. Each Party shall ensure that procedures are in place to prevent the disclosure of confidential information that is acquired during the process established in this Chapter.

3. Fully respecting the Parties’ right to regulate, nothing in this Chapter shall be construed to oblige a Party to: a) modify its import requirements; b) deviate from domestic procedures for preparing and adopting regulatory measures; c) take action that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or d) adopt any particular regulatory outcome.

Chapter 8. ENERGY AND RAW MATERIALS

Article 8.1. Objective

The objective of this Chapter is to promote dialogue and cooperation in the energy and raw material sectors to Parties’ mutual benefit, to foster sustainable and fair trade and investment ensuring a level playing-field in those sectors, and to strengthen competitiveness of related value chains including value addition in accordance with the provisions of this Agreement.

Article 8.2. Principles

1. Each Party retains the sovereign right to determine whether areas within its territory, as well as in the exclusive economic zone, are available for exploration, production and transportation of energy goods and raw materials.

2. In accordance with the provisions of this Chapter, the Parties reaffirm the right to regulate within their respective territories to achieve legitimate policy objectives in the area of energy and raw materials.

Article 8.3. Definitions

For the purposes of this Chapter:

(a)"Energy goods" means the goods from which energy is generated listed by the corresponding HS code in Annex I to this Chapter;

(b)"Raw Materials" means substances used in the manufacturing of industrial products; including ores, concentrates, slags, ashes and chemicals; processed and unwrought, and

refined raw materials; metal waste; scrap and remelting scrap; covered by the HS chapters included in [List of Raw Materials by HS code] of Annex 1 to this Chapter;

(c)"Hydrocarbons" means the goods listed by the corresponding HS code in Annex I to this Chapter;

(d)"Renewable energy" means energy produced from solar, wind, hydro, geothermal, biological, and ocean sources and other renewable ambient sources;

(e)"Standards" means [as defined in the TBT Chapter];

(f) "Technical regulations" means [as defined in the TBT Chapter];

(g)"Authorisation" means the permission, license, concession or similar administrative or contractual instrument by which the competent authority of a Party entitles an entity to exercise a certain economic activity in its territory in compliance with the requirements in the authorization.

(hb) “system operator” means:

for the European Unidn:

a natural or legal person who is responsible for operating, ensuring the maintenance and development of the electricity distribution or transmission system in a given area and for ensuring the long-term ability of such systems.

For Chile:

an independent body responsible for coordinating the operation of interconnected electrical systems, that ensures the efficient economic performance and safety and reliability of the electric system, and provides open access to the transmission system.

(i) “Balancing” means all actions and processes, in all timelines, through which network operators ensure, in a continuous way, maintenance of the system frequency within a

predefined stability range and compliance with the amount of reserves needed with respect to the required quality;

(j) 'renewable fuels’ means biofuels, bioliquids, biomass fuels and renewable fuels of non- biological origin, including renewable synthetic fuels and renewable hydrogen.

Article 8.4. Import and Export Monopolies

No Party shall designate or maintain a designated import or export monopoly. For the purposes of this Article, import or export monopoly means the exclusive right or grant of authority by a Party to an entity to import energy goods or raw materials from, or export energy goods or raw materials to, the other Party’.

Article 8.5. Export Pricing”

(1) A Party shall not impose a higher price for exports of energy goods or raw materials to the other Party than the price charged for such good when destined for the domestic market, by means of any measure, such as licenses or minimum price requirements.

(2) Notwithstanding paragraph 1 of this Article, Chile may introduce or maintain measures with the objective to foster value addition, by supplying industrial sectors at preferential prices of raw materials so they can emerge within Chile provided that such measures satisfy the conditions set out in Annex II to this Chapter.

Article 8.6. Domestic Regulated Prices

1. The Parties recognise the importance of competitive energy markets to deliver a wide choice in the supply of energy goods and to enhance consumers welfare. The Parties also recognise that regulatory needs and approaches may differ between markets.

' For greater certainty, this article is without prejudice to provisions in the Trade in Services, Investment and State-owned enterprises, enterprises granted special rights or privileges, and designated monopolies Chapters and their respective Schedules, and does not include a right that results from the grant of an intellectual property right.

? For greater certainty, this article is without prejudice to the Annex XXX (ENAP) of Chapter 22 (State owned enterprises, enterprises granted special rights or privileges and designated monopolies).

2. Further to paragraph 1, as determined by a Party’s domestic laws and regulations, each Party shall ensure that the supply of energy goods shall be based on market principles.

3. A Party may only regulate the price charged for the supply of energy goods by imposing a public service obligation.

4. If imposing a public service obligation, that Party shall ensure that the obligation is clearly defined, transparent, non-discriminatory, and does not go beyond what is necessary to achieve the objectives of the public service obligation.

Article 8.7. Authorisation for Exploration and Production of Energy Goods and Raw Materials

1. [Without prejudice [Domestic Regulation],] If a Party requires an authorisation to explore or produce energy goods and raw materials, that Party shall ensure that such authorisation is granted following a public and non-discriminatory procedure’®.

2. That Party shall publish, inter alia, the type of authorisation, the relevant area or part thereof, and the proposed date or time limit for granting the authorisation, in such a manner as to enable potentially interested applicants to submit applications.

3. A Party may derogate from paragraph 2, of this Article, and [Domestic Regulation] in any of the following cases relating to hydrocarbons:

a) the area has been subject to a previous procedure which has not resulted in an authorisation being granted;

b) the area is available on a permanent basis for the exploration for or production; or

c) the authorisation granted has been relinquished before its date of extinction.

4. Each Party may require an entity which has been granted an authorisation to pay a financial contribution or a contribution in kind. The contribution shall be fixed in such a manner so as not to interfere with the management and the decision-making process of the entity which has been granted an authorisation.

3 For greater certainty, in the event of any inconsistency between this Article and [Investment Chapter] and [Services Chapter] and their respective annexes, those Chapters and annexes shall prevail with regard to any such inconsistency.

5. Each Party shall ensure that the applicant is provided with the reasons for the rejection of its application so as to enable such a person to have recourse to procedures for appeal or review where necessary. The procedures for appeal or review shall be made public in advance.

Article 8.8. Assessment of Environmental Impact

1. Each Party shall ensure that an assessment of environmental impact‘ is carried out prior to granting authorization for a project or activity relating to energy or raw materials that may have a significant impact on population; human health; biodiversity; land, soil, water, air or climate; and cultural heritage or landscape. This assessment shall identify and assess those significant impacts.

2. Each Party shall ensure that relevant information is available to the public as part of the process for the assessment of environmental impact, and give time and opportunities to the public to participate in and provide comments therein.

3. Each Party shall publish and take into account the findings of the assessment of environmental impact prior to granting the authorization for the project or activity.

Article 8.9. Third-party Access to Energy Transport Infrastructure

1. Each Party shall ensure that system operators in its territory grant non-discriminatory access to the energy infrastructure for the transport of electricity to any [undertakings] of the Parties. To the furthest extent possible, access to the electricity infrastructure shall be granted within a reasonable period of time from the date of the request for access by that entity.

2. Each Party shall enable, in accordance with its laws and regulations, undertakings of the Parties are accorded access to and use of electricity transport infrastructure for the transport of electricity on reasonable and non-discriminatory terms and conditions, including non- discrimination between types of electricity sources, and at cost-reflective tariffs. Each Party shall publish the terms, conditions for the access to and use of electricity transport infrastructure.

‘Tn the case of Chile, ”assessment of environmental impact” means the study of the environmental impact, as defined in Law 19.300 Title 1, Article 2, literal (i), or its successor, and as regulated by Article 11 of the same Law.

3. Notwithstanding paragraph 1 of this Article, a Party may introduce or maintain in its laws and regulations specific derogations from the right to third party access based on objective criteria provided that they are necessary to fulfil a legitimate policy objective. Such derogations shall be published before they start to apply.

4. The Parties recognise the relevance of the rules set out in paragraphs 1 to 3 also for gas infrastructure. A Party that does not apply such rules with regard to gas infrastructure shall endeavour to do so notably with regard to transport of renewable fuels, while acknowledging differences in market maturity and organisation.

Article 8.10. Access to Infrastructure for Producers of Electricity Generated from Renewable Energy Sources

1. Without prejudice to the commitments taken by the Parties in [Articles 8.5 (Authorisation for exploration and production of energy goods and raw materiasl), 8.7 (Third party access to energy transport infrastructure) and 8.9 (Independent body)], each Party shall ensure that renewable energy suppliers of the other Party are accorded access to and use of the electricity network for renewable electricity generation facilities located within its territory on reasonable and non-discriminatory terms and conditions.

2. For the purposes of paragraph 1, each Party shall ensure as determined by its domestic laws and regulations, that its transmission undertakings and system operators, with respect to renewable electricity suppliers of the other Party:

a) enable a connection to be established between new renewable electricity generation facilities and the electricity network without imposing discriminatory terms and conditions;

b) enable the reliable use of the electricity network; c) provide balancing services; and

d) ensure that appropriate grid and market-related operational measures are in place in order to minimise the curtailment of electricity produced from renewable energy sources.

3. Paragraph 2 is without prejudice to each Party's legitimate right to regulate in order to achieve certain public policy goals, such as the need to maintain the secure operation and stability of the electricity system, based on objective and non-discriminatory criteria.

Article 8.11. Independent Body1. Each Party Shall Maintain or Establish an Functionally Independent Body or Bodies That:

Gi) fixes or approves the terms, conditions and tariffs of access to and use of the electricity network; and

(ii) resolves disputes, within a reasonable period of time, regarding appropriate terms, conditions and tariffs of access to and use of the electricity network.

2. For purposes of paragraph 1, in performing those duties and exercising those powers, the body or bodies shall act transparently and impartially with regard to users, owners and operators of the electricity network.

Article 8.12. Cooperation on Standards

1. With a view to preventing, identifying and eliminating unnecessary technical barriers to trade in energy goods and raw materials, the provisions contained in [TBT Chapter] shall apply to these goods.

2. In accordance with Article [X.X (International Standards)] and Article [X.X (Regulatory Cooperation)] of Chapter [TBT Chapter], the Parties shall as appropriate promote cooperation between their relevant regulatory and standardization bodies in area such as energy efficiency, sustainable energy, and raw materials, with a view to contributing to trade, investment, and sustainable development, inter alia, through:

a) the convergence or harmonisation, where possible, of their respective current standards, based on mutual interest and reciprocity, and according to modalities to be agreed by the regulators and the standardisation bodies concerned;

b) joint analysis, methodologies and approaches, where possible, to assist and facilitate the development of relevant tests and measurement standards, in cooperation with the relevant respective standardisation organisations;

c) the development of common standards, where possible, on energy efficiency and renewable energy; and

d) the promotion of standards on raw materials, renewable energy generation and energy efficiency equipment, including product design and labeling, where appropriate, through existing international cooperation initiatives.

3. For the purposes of implementing this Chapter, the Parties aim to encourage the development and use of open standards and interoperability of networks, systems, devices, applications, or components in the energy and raw materials sector.

Article 8.13. Research, Development and Innovation

1. Recognising that research, development and innovation are key elements to further develop efficiency, sustainability and competitiveness in the energy and raw material sectors, the Parties agree to cooperate as appropriate, inter alia, in:

a) promoting the research, development, innovation and dissemination of environmentally sound and cost-effective technologies, processes and practices in the areas of energy and raw materials;

b) promoting value addition to the mutual benefit of the Parties and enhancement of productive capacity in energy and raw materials; and

c) strengthening capacity building in the context of research, development and innovation initiatives.

Article 8.14. Cooperation on Energy and Raw Materials

1. The Parties shall as appropriate cooperate in the area of energy and raw materials with a view to, inter alia:

a) reduce or eliminate measures that in themselves or together with other measures could distort trade and investment, including of a technical, regulatory, and economic nature affecting energy or raw materials;

b) discuss, whenever possible, their positions in international fora where relevant trade and investment issues are discussed and foster international programmes in the areas of energy efficiency, renewable energy and raw materials;

c) promote responsible business conduct in accordance with international standards that have been endorsed or are supported by the Parties, such as the OECD

Guidelines for Multinational Enterprises and in particular its Chapter IX on Science and Technology;

Thematic cooperation on Energy

2. Recognising the need to accelerate the deployment of renewable and low carbon energy sources, increase energy efficiency and promote innovation to ensure access to safe, sustainable and affordable energy, the Parties agree to cooperate on any relevant issue of mutual interest, such as:

a) renewable energy particularly with regards to technologies, integration into and access to the electricity system, storage and flexibility, and the whole renewable hydrogen supply chain;

b) energy efficiency, including regulation, best practices, and efficient and sustainable heating and cooling systems;

c) electromobility and charging infrastructure deployment; and

d) open and competitive energy markets,

Thematic cooperation on Raw Materials

3. Recognising their shared commitment to responsible sourcing and sustainable production of raw materials and their mutual interest to facilitate the integration of raw materials value chains, the Parties agree to cooperate on any relevant issue of mutual interest, such as:

a) responsible mining practices and raw materials value chains sustainability, including the contribution of the raw materials value chains to the fulfilment of the UN Sustainable Development Goals;

b) raw materials value chains, including value addition; c) identification of areas of common interest for cooperation on research,

development, and innovation activities covering the entire raw materials value chain, including cutting-edge technologies, smart mining and digital mines.

4. Cooperation activities will be developed taking into account available resources. Activities can be carried out in person or by any technological means available to the Parties.

5. Cooperation activities can be developed and implemented with the participation of international organizations, global fora, research institutions, as agreed between the Parties.

6. The Parties shall, as appropriate when implementing this Article, foster proper coordination with regard to the implementation of Articles [X.X Cooperation on Raw Materials] and [X.X Cooperation on Energy] of the [Political Title of this Agreement].

Article 8.15. Energy Transition and Renewable Fuels

1. For the purposes of implementing this Chapter, the Parties recognize the important contribution that renewable fuels, inter alia, renewable hydrogen, including their derivatives, and renewable synthetic fuels, in reducing greenhouse gas emissions to address climate change.

2. In accordance with Article 8.10 (Cooperation on Standards), paragraph 2, the Parties shall, as appropriate, cooperate on convergence or harmonization where possible of certification schemes for renewable fuels, such as with regard to lifecycle emissions and safety standards.

3. Regarding renewable fuels, the Parties shall also cooperate with a view to:

(a) identify, reduce, and eliminate, as appropriate, measures that may distort bilateral trade, including of a technical, regulatory and economic nature.

(b) foster bilateral trade facilitating initiatives to promote the production of renewable hydrogen.

(c) promote the use of renewable fuels considering their contribution to the reduction of greenhouse gas emissions.

4. Furthermore, the Parties shall, as appropriate, encourage the development and implementation of international standards and regulatory cooperation with respect to renewable fuels and cooperate in relevant international fora with a view to develop relevant certification schemes that avoid the emergence of unjustified barriers to trade.

Article 8.16. Exception for Small and Isolated Electricity Systems

1. For the purposes of implementing this Chapter, the Parties recognize that their laws and regulations may provide for special regimes for small and isolated electric systems.

2. Pursuant to paragraph 1, a Party may maintain, adopt or enforce measures with regard to small and isolated electricity systems that derogate from Articles 8.4 (Domestic regulated prices), 8.5 (Authorisation for exploration and production of energy goods and raw materials), 8.7 (Third-party access to energy transport infrastructure); 8.8 (Access to infrastructure for producers of electricity generated from renewable energy sources), and 8.9

(Independent body), provided that such measures do not constitute disguised restrictions to trade or investment between the Parties.

Article 8.17. Role of the Trade In Goods Sub-Committee In Implementing the Energy and Raw Materials Chapter

1. The Sub-Committee on Trade in Goods established by Article X.4 of [Sub-Committees of part IM of this Agreement] shall be the body responsible for the implementation of this Chapter. The functions set out in points (a), (c), (d), (e) and (i) of Article X.18 of the Chapter on Trade in Goods shall apply to this Chapter mutatis mutandis.

2. Consistent with Articles 8.10 (Cooperation on Standards), 8.11 (Research, development and innovation), Article 8.12 (Cooperation on Energy and Raw Materials) and Article 8.13 (Energy transition and renewable fuels), if mutually agreed by the Parties, recommend to establish or facilitate other means of cooperation between them in the areas of energy and raw materials.

3. Upon to the agreement of the Parties, the Trade in Goods Committee shall meet in sessions dedicated to the implementation of this Chapter. When preparing such sessions, each Party may consider, as appropriate, inputs from of relevant stakeholders or experts.

  • 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