Chile - EU Interim Trade Agreement (2023)
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The exchange of experience between the Parties on legislative progress;

The exchange of experience between the Parties on the enforcement of intellectual property rights;

Exchange of experiences between the Parties on enforcement at central and sub- central level by customs, police, administrative and judiciary bodies;

Coordination to prevent exports of counterfeit goods, including with other countries;

Technical assistance, capacity building; exchange and training of personnel;

The protection and defence of intellectual property rights and the dissemination of information in this regard in, inter alia, business circles and civil society;

Public awareness of consumers and right holders; enhancement of institutional cooperation, particularly between the intellectual property offices;

Actively promoting awareness and education of the general public on policies concerning intellectual property rights;

Regarding public-private collaboration engaging with SMEs, including at SME- focused events or gatherings, regarding protecting and enforcing intellectual property rights and reducing infringement;

Formulation of effective strategies to identify audiences and communication programmes to increase consumer and media awareness on the impact of intellectual property rights’ violations, including the risk to health and safety and the connection to organised crime.

Each Party may make publicly available the product specifications, or a summary thereof, and relevant contact points for control or management of geographical

indications of the other Party protected pursuant to Sub-Section 4 (Geographical Indications).

4. The Parties shall, either directly or through the Sub-Committee on Intellectual Property established in Article 33.4 (Sub-Committees and Other Bodies), maintain contact on all matters related to the implementation and functioning of this Chapter.

Article 25.65. Voluntary Stakeholder Initiatives

Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce intellectual property rights infringement, including over the Internet and in other marketplaces focusing on concrete problems and seeking practical solutions that are realistic, balanced proportionate and fair for all concerned including in the following ways:

(a) each Party shall endeavour to convene stakeholders consensually in its territory to facilitate voluntary initiatives to find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing infringement;

(b) the Parties shall endeavour to exchange information with each other regarding efforts to facilitate voluntary stakeholder initiatives in their respective territories; and

(c) the Parties shall endeavour to promote open dialogue and cooperation among the Parties’ stakeholders, and to encourage the Parties’ stakeholders to jointly find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing infringement.

' Protection of the geographical indication “Bud@ovické pivo” is only sought in Czech language.

i Protection of the geographical indication “Budéjovicky méstanskp var” is only sought in Czech language.

ii Protection of the geographical indication “Ceskobudéjovické pivo” is only sought in Czech language.

” The varietal name "saaz” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

Y The varietal name “hallertau” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.”

“The varietal name “kalamon” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

i The varietal name “konservolia” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

vil The varietal name “pasa de corinto” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

* The protection of the geographical indication “®éca (Feta)” shall not prevent the continued and similar use of the term “Feta” by any persons, including their successors and assignees, for a maximum of 6 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Chile. During those years, the use of the term “Feta” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

x

The varietal name “Valencia” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

«1 Notwithstanding the protection of the geographical indication “Bauf de Charolles” in the territory of Chile, shall not prevent users of the term “Charolesa”, indicating a product derived from the animal breed, to continue using these terms, provided these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication, and provided the usage of the name of the animal breed name does not mislead the consumers or constitutes an act of unfair competition with regard to the geographical indication.

xi Protection is only sought for the compound term. xil Protection is only sought for the compound term.

“Vv Notwithstanding the protection of the geographical indication “Génisse Fleur d'Aubrac” shall not prevent users of the term and “Aubrac” in the territory of Chile, indicating a product derived from the animal breed to continue using these terms, provided these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication, and provided the usage of the name of the

animal breed name does not mislead the consumers or constitutes unfair competition with regard to the geographical indication.

* The protection of the geographical indication “ Gruyére” shall not prevent prior users*, of the term “ Gruyére /Gruyere” in the territory or Chile, which had been using this term in good faith and with recurrent presence on the market within 12 months before the conclusion in principle of this agreement, to continue using that term, provided these products are not commercialized using references (eg graphics, names, pictures, flags) to the genuine origin of “Gruyére” and are differentiated from “Gruyére” in a non-ambiguous manner as regards the origin and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product. The designation "Gruyére" refers, within the EU territory, to two homonymous geographical indications, respectively in respect of a Swiss and a French cheese. The EU will not oppose a possible application aiming at the protection of the said Swiss homonymous geographical indication in Chile.

* List of prior users to be included in a separate Annex before signature of the Agreement

xi The name "d’Agen" may continue to be used as a variety for fresh plums and plum-trees, provided that these products are not commercialized using references (eg graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and provided the consumer is not misled on the nature of such term or the precise origin of the product or constitutes an act of unfair competition with regard to the geographical indication.

xvii Protection is only sought for the compound term.

xvill Notwithstanding the protection of the geographical indication “Veau du Limousin” shall not prevent users of the term “Limousin” in the territory of Chile, indicating a product derived from the animal breed to continue using these terms, provided these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication, and provided the usage of the name of the animal breed name does not mislead the consumers or constitutes an act of unfair competition with regard to the geographical indication.

“x The protection of the geographical indication “Parmigiano Reggiano” shall not prevent prior users* of the term “Parmesano” in the territory or Chile, having used this term in good faith and with recurrent presence on the market within 12 months before the conclusion in principle of this agreement to continue using that term, provided these products are not commercialized using references (eg graphics, names, pictures, flags) to the genuine origin of “Parmigiano Reggiano” and are differentiated from “Parmigiano Reggiano” in a non-ambiguous manner as regards the origin and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

* List of prior users to be included in a separate Annex before signature of the Agreement

™ The varietal name “San Marzano” may continue to be used as a variety for fresh tomatoes and tomato plants, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

™ The varietal name “Péra Rocha” may continue to be used on similar product, provided that these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication and the consumer is not misled on the nature of such term or the precise origin of product or constitutes an act of unfair competition with regard to the geographical indication.

xii The protection of the term “Queijo S. Jorge” shall not restrict the use of the term “San Jorge” in Chile as an existing registered trademark, provided such use does not mislead the consumer about the origin of the product. The term “Queijo S. Jorge” should only be used as a compound name, and in combination with an indication of its origin and a brand name.

ANNEX List of Prior Users - Parmesano...

- Gruyere/Gruyére...

Chapter 26. TRADE AND SUSTAINABLE DEVELOPMENT

Section 1. Common Provisions

Article 26.1. Objectives

1. The Parties recall the Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the ILO Declaration on Social Justice for a Fair Globalisation of 2008, the Outcome Document of the UN Conference on Sustainable Development of 2012 entitled "The Future We Want" and the UN 2030 Agenda for Sustainable Development of 2015 and its Sustainable Development Goals.

2. The Parties recognise that sustainable development encompasses economic development, social development and environmental protection, all three being inter-dependent and mutually reinforcing, for the welfare of present and future generations.

3. In light of the above, the objective of this Chapter is to enhance the development of the Parties’ trade and investment relationship in a way that contributes to sustainable development, notably its labour! and environmental dimensions—relevant to trade and investment.

4. The Parties agree that this Chapter embodies a cooperative approach based on common values and interests.

Article 26.2. Right to Regulate and Levels of Protection

1. The Parties recognise the right of each party to determine its sustainable development policies and priorities, to establish its own levels of domestic labour and environmental protection and its own labour and environmental priorities, and to adopt or modify its law related to labour and environment and policies accordingly.

2. Such levels, law and policies, referred to in paragraph 1, shall be consistent with each Party's commitment to the multilateral environmental agreements and multilateral labour standards and agreements, to which a Party is a party, referred to in this Chapter.

3. Each Party shall strive to ensure that its environmental and labour laws and policies provide for and encourage a high level of environmental and labour protection and shall

! For the purposes of this chapter, the term "labour" means the strategic objectives of the ILO under the Decent Work Agenda, which is expressed in the ILO 2008 Declaration on Social Justice for a Fair Globalisation.

strive to continue improving its respective levels of environmental and labour protection provided in their laws and policies.

4. A Party shall not weaken or reduce the levels of protection afforded in their respective domestic environmental and labour laws in order to encourage trade or investment.

5. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental and labour laws in a manner that weakens or reduces the protection afforded in those laws in order to encourage trade or investment.

6. A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environment and labour laws in a manner affecting trade or investment.

7. Each Party retains the right to exercise reasonable discretion and to make bona fide decisions with regard to the allocation of enforcement resources in accordance with priorities for enforcement of its environmental and labour laws.

8. A Party shall not apply its environmental and labour laws and regulations in a manner which would constitute a disguised restriction on trade or investment.

Article 26.3. Trade and Responsible Business Conduct and Supply Chain Management

1. The Parties recognise the importance of responsible management of supply chains through responsible business conduct or corporate social responsibility practices and the role of trade in pursuing this objective.

2. Pursuant to para 1, each Party shall:

(a) promote responsible business conduct or corporate social responsibility by encouraging the uptake of relevant practices by businesses that are consistent with internationally recognized principles, standards and guidelines, including sectorial guidelines of due diligence, that have been endorsed or are supported by that Party.

(b) support the dissemination and use of relevant international instruments, that have been endorsed or are supported by that Party, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the UN Global Compact and the UN Guiding Principles on Business and Human Rights.

3. The Parties recognise the utility of international sector-specific guidelines in the area of corporate social responsibility / responsible business conduct and shall promote joint work in this regard. The Parties shall also implement measures to promote the uptake of OECD Due Diligence Guidelines.

4. The Parties recognise the importance to promote trade in goods contributing to enhanced social conditions and environmentally sound practices, such as environmental goods and services contributing to a resource-efficient, low-carbon economy, goods whose production is not linked to deforestation, or goods that are the subject of voluntary sustainability assurance schemes and mechanisms.

5. The Parties shall exchange information as well as best practices and, as appropriate, cooperate bilaterally, regionally and in international fora on issues covered by this article.

Article 26.4. Scientific and Technical Information

1. When establishing or implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment, each Party shall take into account available scientific and technical evidence, [preferably / in first instance] from recognized technical and scientific bodies, as well as relevant international standards, guidelines or recommendations, where they exist.

2. In cases when scientific evidence or information is insufficient or inconclusive and there is a risk of serious environmental degradation or to occupational health and safety in its territory, a Party may adopt measures based on the precautionary principle. Such measures shall be subject to review when new or additional scientific information becomes available.

3. When a measure adopted in accordance with the above paragraph has an impact on trade or investment between the Parties, a Party may request to the Party adopting the measure to provide information indicating that the measure adopted is consistent with its own level of protection, and may request discussion of the matter in the TSD Sub-Committee.

4. Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

Article 26.5. Transparency and Good Regulatory Practices

The Parties recognize the importance of application of the rules on transparency and good regulatory practices in accordance with Chapters 28 [Transparency] and 29 [Good Regulatory Practices], in particular the opportunities for interested persons and stakeholders to submit views, to:

a) measures aimed at protecting the environment and labour conditions that may affect trade or investment, and

b) trade or investment measures that may affect the protection of the environment or labour conditions.

Article 26.6. Public Awareness, Information, Participation and Procedural Guarantees

1. Each Party shall promote public awareness of its labour and environmental laws, including by ensuring that its labour and environmental laws and enforcement and compliance procedures are publicly available.

2. Each Party shall seek to accommodate requests for information regarding the Party’s implementation of this Chapter.

3. Each Party shall make use of consultative mechanisms referred to in {Title 1. Institutional Framework, Article X Participation of civil society, Article X bis Domestic Consultative Groups and Article X ter Civil Society Forum], to seek views on matters related to the implementation of this Chapter.

4. Each Party shall provide for the receipt and give due consideration to communications and opinions by written submissions from a person of that Party on matters related to the implementation of this Chapter in accordance with domestic procedures. Each Party shall respond in a timely manner to such submissions in writing. It may inform the civil society mechanism established under article XX of this Agreement of such communications as well as the Contact Point of the other Party.

5. Pursuant to Article 26.2 Right to Regulate and Levels of Protection, each Party shall, in accordance with its domestic law, ensure that administrative or judicial proceedings are available to persons with a legally recognised interest in a particular matter or who maintain that a right is infringed under its law, in order to permit action against infringements of its environmental or labour laws, including appropriate remedies for violations of such law.

6. Each Party shall, in accordance with its domestic law, ensure that the proceedings referred to in paragraph 5 comply with due process, are not prohibitively costly, do not entail unreasonable time limits or unwarranted delays, provide injunctive relief if appropriate, and are fair, equitable and transparent.

Article 26.7. Cooperation Activities

1. The Parties recognise the importance of cooperation activities on trade-related aspects of environmental and labour policies in order to achieve the objectives of this Agreement and implement this Chapter.

2. Cooperation activities can be developed and implemented with the participation of international and regional organisations as well as with third countries, businesses, employers’ and workers’ organizations, education and research organizations, other non- governmental organizations, as appropriate.

3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties to address the matters of common interest.

4. The Parties may cooperate on issues as specified throughout this chapter as well as, inter alia:

(a) labour and environmental aspects of trade and sustainable development in international fora, including in particular the WTO, the UN High-level Political Forum for Sustainable Development, UN Environment, the ILO and MEAs;

(b) the impact of labour and environmental law and standards on trade and investment; (c) the impact of trade and investment law on labour and the environment;

and trade-related aspects of:

(d) initiatives on sustainable consumption and production, including those aimed at promoting a circular economy and green growth and pollution abatement

(e) initiatives to promote environmental goods and services, including by addressing related non-tariff barriers

5. The priorities for cooperation activities will be decided jointly by the Parties based on areas of mutual interest and available resources.

6. The Parties may carry out activities in the cooperation areas set out in this Chapter in person or by any technological means available to the Parties.

Section 2. Environment and Trade

Article 26.8. Objectives

1. The Parties aim to promote mutually supportive trade and environmental policies; promote high levels of environmental protection in line with multilateral environmental agreements to which they are a Party respectively and effective enforcement of their respective environmental laws; and enhance their capacities to address trade-related environmental issues, including through cooperation.

2. The Parties recognise that enhanced cooperation to protect and conserve the environment and sustainably manage their natural resources brings benefits that can contribute to sustainable development, strengthen their environmental governance and complement the objectives of this Agreement.

The Parties recognize the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in the furtherance of sustainable development.

Article 26.9. Multilateral Environmental Governance and Agreements

1. The Parties recognise the importance of the United Nations Environment Assembly (UNEA) of the United Nations Environment Programme (UNEP). The Parties recognise the critical role of multilateral environmental agreements in addressing global, regional, and domestic environmental challenges. The Parties further recognise the need to enhance the mutual supportiveness between trade and environmental policies. Accordingly, each Party

shall effectively implement the multilateral environmental agreements (MEAs) and protocols to which it is a party.

2. The Parties recognize the right of each Party to adopt or maintain measures to further the objectives of MEAs to which it is a party.

3. The Parties shall engage in dialogue and cooperate, as appropriate, on trade and environmental issues of mutual interest, particularly with respect to multilateral environmental agreements. This will include regular exchanges of information on each Party’s initiatives regarding the ratifications of MEAs, including their protocols and amendments.

Article 26.10. Trade and Climate Change

1. The Parties recognise the importance of multilateral environmental agreements in the area of climate change, in particular the need to achieve the objective of the United Nations Framework Convention on Climate Change (UNFCCC) and the purpose and goals of the Paris Agreement adopted by the Conference of the Parties to the UNFCCC at its 21st session, in order to address the urgent threat of climate change. Accordingly, the Parties recognise the role of trade to achieve the goal of sustainable development and to address climate change, as well as the importance of individual and collective efforts to address climate change impacts through mitigation and adaptation actions.

2. Pursuant to paragraph 1, each Party shall:

(a) effectively implement the UNFCCC and the Paris Agreement adopted thereunder including its commitments with regard to its Nationally Determined Contribution.

(b) promote the positive contribution of trade to the transition to a low greenhouse gas emission and circular economy and to climate-resilient development, including actions on climate change mitigation and adaptation.

(c) facilitate and promote trade and investment in goods and services of particular relevance for climate change mitigation and adaptation, for sustainable renewable energy, and for energy efficiency, in a manner consistent with other provisions of this Agreement.

3. Consistent with Article 26.7 [Cooperation Activities], the Parties shall cooperate as appropriate on trade-related aspects of climate change, bilaterally, regionally and in international fora, including in the UNFCCC, the WTO and the Montreal Protocol on Substances that Deplete the Ozone Layer. Furthermore, the Parties may cooperate as appropriate on these issues also in the International Maritime Organization.

4. Pursuant to paragraph 1, the Parties shall cooperate in areas such as:

(a) exchanging knowledge and experience regarding the implementation of the Paris Agreement, as well as on initiatives to promote climate resilience, renewable energy, low emission technologies, energy efficiency, carbon pricing, sustainable transport, sustainable and climate-resilient infrastructure development, emissions monitoring, and nature-based solutions; as well as explore options to cooperate in areas such as short-life climate pollutants and soil carbon sequestration.

(b) exchanging knowledge and experience regarding an ambitious phase-out of ozone depleting substances (ODS) and the phase-down of hydrofluorocarbons (HFCs) under the Montreal Protocol through measures to control their production, consumption and trade, the introduction of environmentally friendly alternatives to them, updating of safety and other relevant standards, combating the illegal trade of substances regulated by the Protocol, as appropriate.

Article 26.11. Trade and Forests

1. The Parties recognise the importance of sustainable forest management and the role of trade in pursuing this objective.

2. Pursuant to paragraph 1, each Party shall:

(a) implement measures to combat illegal logging and related trade, including through cooperation activities with third countries as appropriate;

(b) encourage the conservation and sustainable management of forests;

(c) promote trade and consumption of timber and timber products, which are legally obtained from sustainably managed forests;

(d) exchange information and, as appropriate, cooperate with the other Party on trade-related initiatives on combatting illegal logging, sustainable forest management, deforestation and forest degradation, forest governance and/or on the conservation of forest cover to maximise the impact and mutual supportiveness of their respective policies of common interest.

3. Recognising that forests and their sustainable management have a key role in combatting climate change and maintaining biodiversity, each Party shall promote initiatives addressing deforestation, including through deforestation-free supply chains. Additionally, the Parties shall cooperate, as appropriate and consistent with Article 26.7 [Cooperation Activities], bilaterally, regionally and in relevant international fora, to minimise deforestation and forest degradation worldwide.

Article 26.12. Trade and Wild Flora and Fauna

1. The Parties recognize the importance of ensuring international trade of wild fauna and flora does not threaten their survival, as set out in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

2. Pursuant to paragraph 1, each Party shall:

(a) implement effective measures to combat illegal trade in wild flora and fauna, including through cooperation activities with third countries as appropriate;

(b) promote the long-term conservation and sustainable use of CITES listed species, including by cooperating in the relevant CITES bodies to keep the Appendices to the CITES up to date and promoting the inclusion of species considered at risk because of international trade and other criteria established under CITES.

3. Consistent with Article 26.7 [Cooperation Activities], the Parties may, as appropriate, cooperate or exchange information bilaterally, regionally and in international fora on issues of mutual interest related to tackling illegal trade in wild flora and fauna, including through raising awareness to reduce demand for illegal wildlife products and initiatives to enhance cooperation on information sharing and enforcement.

Article 26.13. Trade and Biological Diversity

1. The Parties recognise the importance of conserving and sustainably using biological diversity and the role of trade in pursuing these objectives, consistent with the Convention on Biological Diversity (CBD), other relevant multilateral environmental agreements to which they are a party, and the decisions adopted thereunder.

2. Pursuant to paragraph 1, each Party shall take measures to conserve biological diversity when it is subject to pressures linked to trade and investment, including through the exchange of information and experience, and measures to prevent the spread of invasive alien species, recognizing that the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways can adversely affect the environment, economic activities and development, and human health;

3. The Parties recognise the importance of respecting, preserving and maintaining knowledge and practices of indigenous and local communities embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity, and the role of international trade therein.

4. The Parties recognise the importance of facilitating access to genetic resources and of promoting the fair and equitable sharing of benefits arising from the use of genetic resources, consistent with their respective domestic measures and each Party’s international obligations.

5. The Parties also recognise the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures concerning the conservation and sustainable use of biological diversity.

6. Consistent with Article 26.7 [Cooperation Activities], the Parties may, as appropriate, promote, cooperate or exchange information bilaterally, regionally and in international fora on trade-related aspects of biological diversity policies and measures of mutual interest, such as:

(a) initiatives and good practices concerning trade in natural resource-based products obtained through a sustainable use of biological resources and contributing to the conservation of biodiversity;

(b) the conservation and sustainable use of biological diversity, the protection, restoration and valuation of ecosystems and their services and related economic instruments;

(c) access to genetic resources and the fair and equitable sharing of benefits from their utilisation.

Article 26.14. Trade and Sustainable Management of Fisheries and Aquaculture

1. The Parties recognise the importance of conserving and sustainably managing marine biological resources and marine ecosystems, and the role of trade in pursuing these objectives.

2. While developing and implementing conservation and management measures, the Parties shall take into consideration social, trade, developmental and environmental concerns and the importance of artisanal or small scale fisheries to the livelihoods of local fishing communities.

3. The Parties acknowledge that illegal, unreported and unregulated (TUU) fishing” can have significant negative impacts on fishery stocks, sustainability of trade in fisheries products, development and the environment and confirm the need for action to address the problems of overfishing and unsustainable utilization of fisheries resources.

4. Pursuant to paragraphs 1 to 3, each Party shall:

4.1 implement and act consistent with the principles of the UN Convention on the Law of the Sea, the UN Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the FAO Code of Conduct for Responsible Fisheries, the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Dlegal, Unreported and Unregulated (IUU) fishing;

  • 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