evaluations in their regulatory systems.
Article 29.10. Regulatory Register
Each Party shall ensure that regulatory measures that are in effect are published in a designated register that identifies regulatory measures by topic and that is publicly available on a single, freely accessible internet website. The website should allow searches for
regulatory measures by citations or by word. Each Party shall periodically update its register.
Article 29.11. Cooperation and Exchange of Information
The Parties may cooperate in order to facilitate the implementation of this Chapter. This may include the organisation of any relevant activities to strengthen cooperation between their regulatory authorities and the exchange of information on the regulatory practices set out in this Chapter.
Article 29.12. Contact Points
Within a month after the entry into force of this Agreement, each Party shall designate a contact point to facilitate the exchange of information between the Parties.
Article 29.13. Dispute Settlement
Chapter Chapter X (Dispute Settlement) Shall Not Apply to this Chapter.
Chapter 30. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 30.1. ObjectivesThe Parties Recognise the Importance of Small and Medium-sized Enterprises (hereinafter
referred to as âSMEsâ) in their bilateral trade and investment relations and affirm their commitment to enhance the ability of SMEs to benefit from this Agreement.
Article 30.2. Information Sharing
1. Each Party shall establish or maintain a publicly accessible SMEs specific website containing information regarding this Agreement, including:
(a) asummary of this Agreement; and
(b) information designed for SMEs that shall contain:
G) a description of the provisions in this Agreement that each Party considers to be relevant to SMEs of both Parties; and
Gi) any additional information that each Party considers would be useful for SMEs interested in benefitting from the opportunities provided by this
Agreement.
2. Each Party shall include on the website provided for in paragraph 1 an internet link to the:
(a) text of this Agreement, including all annexes, tariff schedules, and product-
specific rules of origin;
(b)
(c)
equivalent website of the other Party; and
websites of its own authorities that the Party considers would provide useful
information to persons interested in trading and doing business in that Party.
Each Party shall include an internet link in the website provided for in paragraph 1 to
websites of its own authorities with information related to the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
customs regulations and procedures for importation, exportation and transit as
well as relevant forms, documents and other information required;
regulations and procedures concerning intellectual property rights, including
geographical indications;
technical regulations including, where necessary, obligatory conformity assessment procedures and links to lists of conformity assessment bodies, in cases where third party conformity assessment is obligatory, as provided for in Chapter
XX on Technical Barriers to Trade;
sanitary and phytosanitary measures relating to importation and exportation as
provided for in Chapter XX on Sanitary and Phytosanitary measures;
rules on public procurement, a database containing public procurement notices
and other relevant provisions contained in Chapter XX on Public Procurement;
company registration procedures; and
other information which the Party considers may be of assistance to SMEs.
Each Party shall include an internet link in the website provided for in paragraph 1 to a
database that is electronically searchable by tariff nomenclature code and that includes
the following information with respect to access to its market:
Tariff measures and tariff-related information
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
rates of customs duties and quotas, including most-favoured nation (MEN), rates
concerning non MEN countries and preferential rates and tariff rate quotas;
excise duties;
taxes (value added tax);
customs or other fees, including other product specific fees;
rules of origin as provided for in Chapter XX on Rules of Origin;
duty drawback, deferral, or other types of relief that reduce, refund, or waive
customs duties;
criteria used to determine the customs value of the good; and
other tariff measures;
Tariff nomenclature related non-tariff measures
@
G)
information needed for import procedures; and
information related to non-tariff measures or regulations.
Each Party shall regularly, or when requested by the other Party, update the information
and links referred to in paragraphs 1 to 4 that it maintains on its website to ensure they
are up-to-date and accurate.
Each Party shall ensure that information set out in this Article is presented in an
adequate manner to use for SMEs. Each Party shall endeavour to make the information available in English.
No fee shall apply for access to the information provided pursuant to paragraphs 1 to 4 for any person of either Party.
Article 30.3. SME Contact Points
Each Party shall communicate to the other Party its SMEs Contact Point that will carry out the functions listed in this Article. The Parties shall promptly notify each other of any change of those contact details.
The SME Contact Points shall:
(a) ensure that SMEs needs are taken into account in the implementation of this Agreement that SMEs of both sides can take advantage of new opportunities under this Agreement.
(b) ensure that the information referred to in Article X.2 (Information Sharing) is up- to-date and relevant for SMEs. Either Party may, through the SME Contact Point, suggest additional information that the other Party may include in its websites to be maintained in accordance with Article X.2 (Information Sharing);
(c) examine any matter relevant to SMEs in connection with the implementation of
this Agreement, including:
G@) exchanging information to assist the [Trade Committee of this Agreement] in its tasks to monitor and implement the SME-trelated aspects of this
Agreement; Gi) assisting other Committees, Contact Points and Working Groups established by this Agreement, in considering matters of relevance to
SMEs;
(d) report periodically on their activities, jointly or individually, to the [Trade
Committee of this Agreement] for its consideration; and
(e) consider any other matter arising under this Agreement pertaining to SMEs as the Parties may agree.
3. | SME Contact Points shall meet as necessary and shall carry out their work through the communication channels decided by the Parties, which may include electronic mail,
videoconferencing, or other means.
4. SME Contact Points may seek to cooperate with experts and external organisations, as
appropriate, in carrying out their activities.
Article 30.4. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 31 for any matter arising under this Chapter.
Chapter 31. DISPUTE SETTLEMENT
Section 1. OBJECTIVE AND SCOPE
Article 31.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article 31.2. Scope
This Chapter shall apply with respect to any dispute between the Parties concerning the interpretation and application of the provisions of this part of the Agreement (hereinafter referred to as "covered provisions"), unless otherwise provided in this part of the Agreement.
Section 2. CONSULTATIONS
Article 31.3. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 31.2 (Scope) by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the measure at issue and the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than 10 days after the date of its delivery. Consultations shall
be held within 30 days of the date of delivery of the request and take place, unless the Parties agree otherwise, in the territory of the Party to which the request is made. The consultations shall be deemed concluded within 46 days of the date of delivery of the request, unless the Parties agree to continue consultations.
Consultations on matters of urgency, including those regarding perishable goods or seasonal goods or services, shall be held within 15 days of the date of delivery of the request. The consultations shall be deemed concluded within those 23 days unless the Parties agree to continue consultations.
During consultations each Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure at issue could affect the application of this part of the Agreement. Each Party shall endeavour to ensure the participation of personnel of their competent governmental authorities who have expertise in the matter subject to the consultations.
Consultations, and in particular all information designated as confidential and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 31.4 (Initiation of Panel Procedures).
Section 3. PANEL PROCEDURES
Article 31.4. Initiation of Panel Procedures
If the Parties fail to resolve the matter through recourse to consultations as provided for in Article 31.3 (Consultations), the Party that sought consultations may request the establishment of a panel.
The request for the establishment of a panel shall be made by means of a written request delivered to the other Party. The complaining Party shall identify the measure at issue in its request, indicate the covered provisions it considers applicable, and
explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly.
Article 31.5. Establishment of a PanelA Panel Shall Be Composed of Three Panellists.
Within 14 days of the date of receipt by the Party complained against of the written request for the establishment of a panel, the Parties shall consult with a view to agree on the composition of the panel.
If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint a panellist from the sub-list of that Party established under Article 31.7 (List of Panellists) within 10 days from the expiry of the time period established in paragraph 2. If the Party complained against does not appoint a panellist from its sub-list within that time period, the co-chair of the Trade Committee from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot of the panellist.
If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, the co-chair of the Trade Committee from the complaining Party shall select by lot, within 10 days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article 31.7 (List of Panellists). The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot of the chairperson of the panel.
The panel shall be deemed to be established 15 days after the three selected panellists have have notified the Parties their acceptance of appointment in accordance with Annex X (Rules of Procedure), unless the Parties agree otherwise. Each Party shall promptly make public the date of establishment of the panel.
If any of the lists provided for in Article 31.7 (List of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed by one Party or both Parties, in accordance with Annex X (Rules of Procedure).
Article 31.6. Choice of Forum
When a dispute arises regarding a particular measure in alleged breach of an obligation under this part of the Agreement and a substantially equivalent obligation under another international agreement to which both Parties are party, including the WTO Agreement, the Party seeking redress shall select the forum in which to settle the dispute.
Once a Party has selected the forum and initiated dispute settlement procedures under this Section or under another international agreement with respect to the particular measure referred to in paragraph 1, the Party shall not initiate dispute settlement procedures under another international agreement or this Section, respectively, unless the forum selected first fails to make findings for procedural or jurisdictional reasons.
For the purposes of this Article:
dispute settlement procedures under this Section are deemed to be initiated by a Party's request for the establishment of a panel under Article 31.4 (Initiation of Panel Procedures);
dispute settlement procedures under the WTO Agreement are deemed to be initiated by a Partyâs request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO;
dispute settlement procedures under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement.
Without prejudice to paragraph 2, nothing in this part of the Agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under the dispute settlement procedures of another international agreement to which the disputing Parties are party. The WTO Agreement or any other international agreement between the Parties shall not be invoked to preclude a Party from suspending obligations under this Section.
Article 31.7. Lists of Panellists
The Trade Committee shall, no later than six months after the date of entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as panellists. The list shall be composed of three sub-lists:
(a) one sub-list of individuals established on the basis of proposals by the European Union;
(b) one sub-list of individuals established on the basis of proposals by the Republic of Chile; and
(c) one sub-list of individuals that are not nationals of either Party and who shall serve as chairperson to the panel.
Each sub-list shall include at least five individuals. The Trade Committee shall ensure that the list is always maintained at this minimum number of individuals.
The Trade Committee may establish additional lists of individuals with expertise in specific sectors covered by this part of the Agreement. Subject to the agreement of the Parties, such additional lists shall be used to compose the panel in accordance with the procedure set out in Article 31.5 (Establishment of the Panel).
Article 31.8. Requirements for PanellistsEach Panellist Shall:
(a) have demonstrated expertise in law, international trade and other matters covered by this part of the Agreement;
(b) be independent of, and not be affiliated with or take instructions from, either Party;
(c) serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; and
(d) comply with Annex XX (Code of Conduct for Panellists and Mediators).
The chairperson shall also have experience in dispute settlement procedures.
In view of the subject-matter of a particular dispute, the Parties may agree to derogate from the requirements listed in subparagraph 1(a).