EU - Japan Economic Partnership (2018)
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(e)    welfare materials for seafarers;

(f)    goods imported exclusively for scientific purposes;

(g)    goods imported for international sports contests, demonstrations or training;

(h)    personal effects owned by temporarily visiting travellers; and

(i)    tourist publicity materials.

Article 2.11. Customs Valuation

For the purpose of determining the customs value of goods traded between the Parties, the provisions of Part I of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement shall apply, mutatis mutandis.

Article 2.12. Export Duties

A Party shall not adopt or maintain any duties, taxes, fees or other charges of any kind imposed on goods exported from that Party to the other Party, or any internal taxes or other charges on goods exported to the other Party that are in excess of those that would be imposed on like goods destined for domestic consumption. For the purpose of this Article, fees or other charges of any kind shall not include fees or other charges imposed in accordance with Article 2.16 that are limited to the amount of the approximate cost of service rendered.

Article 2.13. Standstill

1.    Unless otherwise provided for in this Agreement, a Party shall not increase any customs duty on originating goods of the other Party from the rate to be applied in accordance with Annex 2-A.

2.    For greater certainty, a Party may raise a customs duty to the level set out in the Schedule of the European Union in Section B of Part 2 of Annex 2-A and in the Schedule of Japan in Section D of Part 3 of Annex 2-A for the respective year following a unilateral reduction of the customs duty.

Article 2.14. Export Competition

1.    For the purposes of this Article, "export subsidies" means subsidies referred to in subparagraph (e) of Article 1 of the Agreement on Agriculture and other subsidies listed in Annex I to the SCM Agreement that may be applied to agricultural goods which are listed in Annex 1 to the Agreement on Agriculture.

2.    The Parties affirm their commitment, expressed in the Ministerial Decision of 19 December 2015 on Export Competition (WT/MIN(15)/45, WT/L/980) of the WTO, to exercise utmost restraint with regard to export subsidies and export measures with equivalent effect as set out in that decision.

Article 2.15. Import and Export Restrictions

1.    A Party shall not adopt or maintain any prohibition or restriction other than customs duties on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the customs territory of the other Party, except in accordance with Article XI of GATT 1994. To that end, Article XI of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis.

2.    If a Party intends to adopt a prohibition or restriction on the exportation or sale for export of any good listed in Annex 2-B in accordance with paragraph 2 of Article XI or with Article XX of GATT 1994, the Party shall:

(a)    seek to limit that prohibition or restriction to the extent necessary, giving due consideration to its possible negative effects on the other Party;

(b)    provide the other Party with written notice thereof, wherever possible prior to the introduction of such prohibition or restriction and as far in advance as practicable, or, if not, no later than 15 days after the date of introduction, whereby that written notice shall include a description of the good involved, the introduced prohibition or restriction, including its nature, its reasons, and the date of introduction of such prohibition or restriction as well as its expected duration; and

(c)    upon request, provide the other Party with a reasonable opportunity for consultation with respect to any matter related to such prohibition or restriction.

Article 2.16. Fees and Formalities Connected with Importation and Exportation

1.    Each Party shall ensure, in accordance with Article VIII of GATT 1994, that all fees and charges of whatever character, other than customs duties, export duties and taxes in accordance with Article III of GATT 1994, imposed by that Party on or in connection with importation or exportation are limited to the amount of the approximate cost of services rendered, which shall not be calculated on an ad valorem basis, and shall not represent an indirect protection to domestic goods or a taxation of imports for fiscal purposes.

2.    A Party shall not require consular transactions, including related fees and charges. For the purposes of this paragraph, "consular transactions" means requirements by the consul of the importing Party located in the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shippers' export declarations, or any other customs documentation required on or in connection with importation.

Article 2.17. Import and Export Licensing Procedures

1.    The Parties affirm their existing rights and obligations under the Agreement on Import Licensing Procedures.

2.    Each Party shall adopt or maintain export licensing procedures in accordance with paragraphs 1 to 9 of Article 1 and with Article 3 of the Agreement on Import Licensing Procedures. To that end, those provisions of the Agreement on Import Licensing Procedures are incorporated into and made part of this Agreement, mutatis mutandis, and shall apply to export licensing procedures between the Parties. A Party may adopt or maintain export licensing procedures in accordance with Article 2 of the Agreement on Import Licensing Procedures. Paragraphs 2 to 8 apply to any good listed in Annex 2-B.

3.    Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner.

4.    Each Party shall adopt or maintain import or export licensing procedures only when other appropriate procedures to achieve an administrative purpose are not reasonably available.

5.    A Party shall not adopt or maintain non-automatic import or export licensing procedures unless necessary to implement a measure that is consistent with this Agreement. A Party adopting non-automatic licensing procedures shall clearly indicate the measure being implemented through such licensing procedure.

6.    Each Party shall respond, within 60 days, to any enquiry from the other Party regarding import or export licensing procedures which the former Party intends to adopt, has adopted or maintains, as well as the criteria for granting or allocating import or export licenses.

7.    In applying export restrictions to a good in the form of a quota, a Party shall aim at a distribution of trade in that good approaching as closely as possible the shares which would be expected in the absence of that restriction.

8.    If a Party adopts or maintains export licensing procedures, the Parties shall hold consultations, on request of the other Party, on any issues related to the implementation of those procedures, and give due consideration to the results of those consultations.

Article 2.18. Remanufactured Goods

1.    Unless otherwise provided for in this Agreement, each Party shall provide that remanufactured goods are treated as new goods. Each Party may require that remanufactured goods be identified as such for distribution or sale.

2.    For the purposes of this Article, "remanufactured goods" means goods classified under heading 40.12, Chapters 84 to 90 or heading 94.02 of the Harmonized System that: (8) 

(a)    are entirely or partially composed of parts obtained from used goods;

(b)    have a similar life expectancy and performance compared to such goods, when new; and

(c)    have a factory warranty similar to that applicable to such goods, when new.

(8) For greater certainty, the references to the tariff classification number of the Harmonized System in this Chapter are based on the Harmonized System, as amended on 1 January 2017.

Article 2.19. Non-tariff Measures

1.    Specific commitments relating to non-tariff measures on goods by each Party are set out in Annexes 2-C and 2-D.

2.    After 10 years from the date of entry into force of this Agreement, or on request of a Party, the Parties shall evaluate whether issues resulting from non-tariff measures on goods can be addressed effectively within the framework of this Agreement. As a result of this evaluation, the Parties shall enter into consultations to consider broadening the scope of existing commitments or undertaking additional commitments of mutual interest on non-tariff measures on goods, including on cooperation. On the basis of those consultations, the Parties may agree to enter into negotiations of mutual interest. In implementing this paragraph, the Parties shall take into account the experience gained during the preceding period of implementation of this Agreement.

Article 2.20. Restrictions to Safeguard the Balance of Payments

1.    Nothing in this Agreement shall be construed as preventing a Party from taking any measures for balance-of-payments purposes. A Party taking such measures shall do so in accordance with the conditions established in Article XII of GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement.

2.    Nothing in this Agreement shall preclude the use by a Party of exchange controls or exchange restrictions in accordance with the Articles of Agreement of the International Monetary Fund.

Article 2.21. Origin Marking

Unless otherwise provided for in this Agreement, where a Party applies obligatory country of origin marking requirements to goods other than food, agricultural or fishery goods as defined in the laws and regulations of that Party, the marking "Made in Japan" or a similar marking in the local language of the importing country, for the European Union, and the marking "Made in EU" or a similar marking in Japanese, for Japan, shall be accepted as fulfilling those requirements. Chapter 3 does not apply to this Article.

Article 2.22. General Exceptions

1.    For the purposes of this Chapter, Article XX of GATT 1994 is hereby incorporated into and made part of this Agreement, mutatis mutandis.

2.    If a Party intends to take any measures in accordance with subparagraphs (i) and (j) of Article XX of GATT 1994, the Party shall:

(a)    provide the other Party with all relevant information; and

(b)    upon request, provide the other Party with a reasonable opportunity for consultation with respect to any matter related to such measure, with a view to seeking a mutually acceptable solution.

3.    The Parties may agree on any means needed to put an end to the matters subject to consultation referred to in subparagraph 2(b).

4.    If exceptional and critical circumstances requiring immediate action make prior provision of information or examination impossible, the Party intending to take the measures concerned may apply immediately the measures necessary to deal with the circumstances and shall immediately inform the other Party thereof.

Section C. Facilitation of Wine Product Export

Article 2.23. Scope

The provisions of this Section do not apply to any goods other than wine products classified under the heading 22.04 of the Harmonized System.

Article 2.24. General Principle

Unless otherwise provided for in Articles 2.25 to 2.28, the importation and sale of wine products traded between the Parties covered by this Section shall be conducted in compliance with the laws and regulations of the importing Party.

Article 2.25. Authorisation of Oenological Practices – Phase One

1.    From the date of entry into force of this Agreement, the European Union shall authorise the importation and sale of wine products for human consumption in the European Union originating in Japan and produced in accordance with:

(a)    product definitions and oenological practices authorised and restrictions applied in Japan for the sale of Japan wine as referred to in Section A of Part 2 of Annex 2-E provided that they comply with product definitions and oenological practices and restrictions as referred to in Section A of Part 1 of Annex 2-E; and

(b)    the oenological practices as referred to in Section B of Part 2 of Annex 2-E.

2.    From the date of entry into force of this Agreement, Japan shall authorise the importation and sale of wine products for human consumption in Japan originating in the European Union and produced in accordance with:

(a)    product definitions and oenological practices authorised and restrictions applied in the European Union as referred to in Section A of Part 1 of Annex 2-E provided that they comply with product definitions and oenological practices and restrictions as referred to in Section A of Part 2 of Annex 2-E; and

(b)    the oenological practices as referred to in Section B of Part 1 of Annex 2-E.

3.    On the date of entry into force of this Agreement, the Parties shall exchange notifications confirming that their procedures for the authorisation of oenological practices referred to in Section B of Part 1 and Section B of Part 2 of Annex 2-E, respectively, have been completed.

Article 2.26. Authorisation of Oenological Practices - Phase Two

1.    The European Union shall expeditiously take necessary steps with a view to authorising the oenological practices as referred to in Section C of Part 2 of Annex 2-E and notify Japan that its procedures for that authorisation have been completed.

2.    Japan shall expeditiously take necessary steps with a view to authorising the oenological practices as referred to in Section C of Part 1 of Annex 2-E and notify the European Union that its procedures for that authorisation have been completed.

3.    The authorisation referred to in paragraphs 1 and 2 shall enter into force on the date of the latter notification by either Party.

Article 2.27. Authorisation of Oenological Practices – Phase Three

1.    The European Union shall take necessary steps with a view to authorising the oenological practices as referred to in Section D of Part 2 of Annex 2-E and notify Japan that its procedures for that authorisation have been completed.

2.    Japan shall take necessary steps with a view to authorising the oenological practices as referred to in Section D of Part 1 of Annex 2-E and notify the European Union that its procedures for that authorisation have been completed.

3.    The authorisation referred to in paragraphs 1 and 2 shall enter into force on the date of the latter notification by either Party.

Article 2.28. Self-certification

1.    A certificate authenticated in conformity with the laws and regulations of Japan, including a self-certificate established by a producer authorised by the competent authority of Japan, shall suffice as documentation serving as evidence that the requirements for the importation and sale in the European Union of wine products originating in Japan referred to in Article 2.25, 2.26 or 2.27 have been fulfilled.

2.    The Working Group on Wine established pursuant to Article 22.4 shall adopt, upon the entry into force of this Agreement, by decision, the modalities:

(a)    for the implementation of paragraph 1, in particular the forms to be used and the information to be provided on the certificate; and

(b)    for the cooperation between the contact points designated by the European Union for each of its Member States and by Japan.

3.    No certificate or other equivalent documentation is required as evidence that the requirements for the importation and sale in Japan of wine products originating in the European Union referred to in Article 2.25, 2.26 or 2.27 have been fulfilled.

Article 2.29. Review, Consultations and Temporary Suspension of Self-certification

1.    The Parties shall review the implementation of:

(a)    Article 2.26 regularly and at least once a year during the two years after the date of entry into force of this Agreement; and

(b)    Article 2.27 no later than three years after the date of entry into force of this Agreement.

2.    If the Parties find, in the process of review of the implementation of Article 2.26, that the notifications provided for in Article 2.26 have not been exchanged within two years of the date of entry into force of this Agreement, the Parties shall enter into consultations with a view to agreeing on a practical solution.

3.    Where the notification referred to in paragraph 2 of Article 2.26 has not been sent within two years of the date of entry into force of this Agreement and the notification referred to in paragraph 1 of Article 2.26 has been sent, the European Union may temporarily suspend the acceptance of self-certification of wine products provided for in Article 2.28, if a practical solution as referred to in paragraph 2 is not agreed upon within three months of the initiation of the consultations referred to in paragraph 2.

4.    The temporary suspension of the acceptance of the self-certification referred to in paragraph 3 shall be immediately terminated when Japan sends the notification provided for in paragraph 2 of Article 2.26 to the European Union.

5.    If the Parties find, in the process of review on the implementation of Article 2.27 referred to in paragraph 1, that the notifications provided for in Article 2.27 have not been exchanged within five years of the date of entry into force of this Agreement, the Parties shall enter into consultations.

6.    Nothing in this Article shall affect the rights and obligations of a Party under the SPS Agreement.

Article 2.30. Standstill

1.    For matters covered by Articles 2.25 to 2.28, a Party shall not impose less favourable conditions than those provided for in this Section or in its laws and regulations in force on the date of signature of this Agreement.

2.    Paragraph 1 shall be without prejudice to the right of the Parties to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of the SPS Agreement.

Article 2.31. Amendments

The Joint Committee established pursuant to Article 22.1 may adopt decisions amending Annex 2-E, to add, delete or modify references to oenological practices, restrictions and other elements, in accordance with paragraph 3 of Article 23.2.

Section D. Other Provisions

Article 2.32. Exchange of Information

1.    For the purpose of monitoring the functioning of this Agreement and for the period of 10 years after the entry into force of this Agreement, the Parties shall annually exchange import statistics for the period covering the most recent calendar year available. The period may be extended by the Committee on Trade in Goods established pursuant to Article 22.3 for another five years.

2.    The exchange of import statistics referred to in paragraph 1 shall cover, to the extent possible, data pertaining to the period covering the most recent calendar year available, including value and volume, based on the nomenclature of the Party, of imports of goods of the other Party benefitting from preferential tariff treatment under this Agreement and those that do not receive preferential tariff treatment.

Article 2.33. Special Measures Concerning the Management of Preferential Tariff Treatment

1.    The Parties recognise that breaches of their customs legislation relating to the preferential tariff treatment under this Agreement could adversely affect the domestic industry and agree to cooperate on preventing, detecting and combating such breaches in accordance with the relevant provisions of Chapter 3 and the Agreement between the European Community and the Government of Japan on Co-operation and Mutual Administrative Assistance in Customs Matters, done at Brussels on 30 January 2008 (hereinafter referred to as "CMAA").

2.    A Party may, in accordance with the procedure laid down in paragraphs 4 to 7, temporarily suspend the preferential tariff treatment under this Agreement for the goods concerned which are related to the systematic breaches referred to in subparagraph (a), if the Party has made a finding, on the basis of objective, compelling and verifiable information, that:

(a)    systematic breaches in its customs legislation related to the preferential tariff treatment under this Agreement for a certain good have been committed; and

(b)    the other Party has systematically and unjustifiably refused or has otherwise failed to conduct the cooperation referred to in paragraph 1 in relation to the systematic breaches referred to in subparagraph (a).

3.    Notwithstanding paragraph 2, the temporary suspension shall not be applied to traders who fulfil the compliance criteria agreed by the Parties through the consultations referred to in paragraph 4.

4.    The Party which has made the finding referred to in paragraph 2 shall, without undue delay, notify the other Party of that finding with sufficient information to justify the initiation of consultations, including the summary of essential facts related to subparagraphs 2(a) and (b) and enter into consultations with the other Party in the Committee on Trade in Goods with a view to reaching a solution acceptable to both Parties and agreeing on the compliance criteria with regard to the requirements of this Agreement and the relevant customs legislation.

5.    The Party which has made the finding referred to in paragraph 2 shall, before a final decision is made, inform all interested parties of its intention to apply a temporary suspension, and shall ensure that they have a full opportunity for defending their interests. A temporary suspension shall not be applied to interested parties, provided that they objectively and satisfactorily demonstrate to the Party which has made the finding that they are not involved in the systematic breaches referred to in subparagraph 2(a).

6.    Following the processes referred to in paragraphs 4 and 5, if the Parties have failed to agree on an acceptable solution within six months of the notification, the Party which has made the finding may decide to suspend temporarily the preferential tariff treatment under this Agreement for the goods concerned, duly taking into account the exception provided for in paragraph 3. A temporary suspension shall be notified to the other Party without undue delay.

7.    A temporary suspension shall be applied only for the period necessary to counteract the breaches and no longer than six months. If a Party has made a finding that the conditions that gave rise to the initial suspension persist at the expiry of the temporary suspension, that Party may decide to renew the temporary suspension, after notifying the other Party of such a finding with sufficient information to justify the renewal. Any temporary suspension shall be terminated on a date no later than two years from the initial suspension unless it has been demonstrated to the Committee on Trade in Goods that the conditions that gave rise to the initial suspension still persist at the expiry of the period of each renewal.

8.    The applied temporary suspensions shall be subject to periodic consultations in the Committee on Trade in Goods.

9.    The Party which has made the finding referred to in paragraph 2 or 7 shall publish, in accordance with its internal procedures, notices to importers about any notification and decision concerning temporary suspensions referred to in paragraphs 4 to 7.

10.    A temporary suspension shall not apply to traders other than the traders referred to in paragraph 3 and the interested parties referred to in paragraph 5, provided that they objectively and satisfactorily demonstrate to the Party which has made the finding referred to in paragraph 2 or 7 that they are not involved in the systematic breaches referred to in subparagraph 2(a).

11.    For greater certainty, nothing in this Article shall be construed as preventing traders or interested parties from claiming compensation for damage illegally incurred by the measures referred to in paragraph 6, against the Party which has made the finding referred to in paragraph 2 or 7, in accordance with its laws and regulations.

Article 2.34. Committee on Trade In Goods

1.    The Committee on Trade in Goods established pursuant to Article 22.3 (hereinafter referred to in this Article as "the Committee") shall be responsible for the effective implementation and operation of this Chapter.

2.    The Committee shall have the following functions:

(a)    reviewing and monitoring the implementation and operation of this Chapter;

(b)    reporting the findings of the Committee to the Joint Committee; and

(c)    carrying out other functions as may be delegated by the Joint Committee pursuant to subparagraph 5(b) of Article 22.1.

3.    The Committee shall hold meetings at such times and venues or by means, as may be agreed by the representatives of the Parties.

Article 2.35. Working Group on Wine

1.    The Working Group on Wine established pursuant to paragraph 1 of Article 22.4 shall be responsible for the effective implementation and operation of Section C and Annex 2-E.

2.    The Working Group on Wine shall have the following functions:

(a)    adopting the modalities concerning the self-certification referred to in paragraph 2 of Article 2.28;

(b)    monitoring the implementation of Articles 2.25 to 2.29, including the review and consultations under Article 2.29; and

(c)    considering amendments of Annex 2-E and making recommendations to the Joint Committee regarding the adoption of a decision with respect to those amendments.

3.    The Working Group on Wine shall hold its first meeting on the date of entry into force of this Agreement.

Chapter 3. RULES OF ORIGIN AND ORIGIN PROCEDURES

Section A. Rules of Origin

Article 3.1. Definitions

For the purposes of this Chapter:

(a)    "aquaculture" means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants from seed stock such as eggs, fry, fingerlings, larvae, parr, smolts or other immature fish at a post-larval stage by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from predators;

(b)    "consignment" means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;

(c)    "exporter" means a person, located in a Party, who, in accordance with the requirements laid down in the laws and regulations of that Party, exports or produces the originating product and makes out a statement on origin;

(d)    "importer" means a person who imports the originating product and claims preferential tariff treatment for it;

(e)    "material" means any matter or substance used in the production of a product, including any components, ingredients, raw materials or parts;

(f)    "non-originating material" means a material which does not qualify as originating under this Chapter, including a material whose originating status cannot be determined;

(g)    "preferential tariff treatment" means the rate of customs duties applicable to an originating good in accordance with paragraph 1 of Article 2.8;

(h)    "product" means any matter or substance resulting from production, even if it is intended for use as a material in the production of another product, and shall be understood as a good referred to in Chapter 2; and

(i)    "production" means any kind of working or processing including assembly.

Article 3.2. Requirements for Originating Products

1.    For the purpose of the application of preferential tariff treatment by a Party to an originating good of the other Party in accordance with paragraph 1 of Article 2.8, the following products, if they satisfy all other applicable requirements of this Chapter, shall be considered as originating in the other Party:

(a)    wholly obtained or produced products as provided for in Article 3.3;

(b)    products produced exclusively from materials originating in that Party; or

(c)    products produced using non-originating materials provided they satisfy all applicable requirements of Annex 3-B.

2.    For the purposes of this Chapter, the territorial scope of a Party does not include the sea, seabed and subsoil beyond its territorial sea.

3.    If a product has acquired originating status, the non-originating materials used in the production of the product shall not be considered non-originating when that product is incorporated as material into another product.

4.    The requirements set out in this Chapter relating to the acquisition of originating status shall be satisfied without interruption in a Party.

Article 3.3. Wholly Obtained Products

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Territorial Application 1
  • Article   1.4 Taxation 1
  • Article   1.5 Security Exceptions 1
  • Article   1.6 Confidential Information 1
  • Article   1.7 Fulfilment of Obligations and Delegated Authority 1
  • Article   1.8 Laws and Regulations and Their Amendments 1
  • Article   1.9 Relation to other Agreements 1
  • Chapter   2 TRADE IN GOODS 1
  • Section   A General Provisions 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 Customs Duty 1
  • Article   2.5 Agricultural Safeguards 1
  • Section   B National Treatment and Market Access for Goods 1
  • Article   2.6 Classification of Goods 1
  • Article   2.7 National Treatment 1
  • Article   2.8 Reduction and Elimination of Customs Duties on Imports 1
  • Article   2.9 Goods Re-entered after Repair and Alteration 1
  • Article   2.10 Temporary Admission of Goods 1
  • Article   2.11 Customs Valuation 2
  • Article   2.12 Export Duties 2
  • Article   2.13 Standstill 2
  • Article   2.14 Export Competition 2
  • Article   2.15 Import and Export Restrictions 2
  • Article   2.16 Fees and Formalities Connected with Importation and Exportation 2
  • Article   2.17 Import and Export Licensing Procedures 2
  • Article   2.18 Remanufactured Goods 2
  • Article   2.19 Non-tariff Measures 2
  • Article   2.20 Restrictions to Safeguard the Balance of Payments 2
  • Article   2.21 Origin Marking 2
  • Article   2.22 General Exceptions 2
  • Section   C Facilitation of Wine Product Export 2
  • Article   2.23 Scope 2
  • Article   2.24 General Principle 2
  • Article   2.25 Authorisation of Oenological Practices – Phase One 2
  • Article   2.26 Authorisation of Oenological Practices - Phase Two 2
  • Article   2.27 Authorisation of Oenological Practices – Phase Three 2
  • Article   2.28 Self-certification 2
  • Article   2.29 Review, Consultations and Temporary Suspension of Self-certification 2
  • Article   2.30 Standstill 2
  • Article   2.31 Amendments 2
  • Section   D Other Provisions 2
  • Article   2.32 Exchange of Information 2
  • Article   2.33 Special Measures Concerning the Management of Preferential Tariff Treatment 2
  • Article   2.34 Committee on Trade In Goods 2
  • Article   2.35 Working Group on Wine 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Requirements for Originating Products 2
  • Article   3.3 Wholly Obtained Products 3
  • Article   3.4 Insufficient Working or Processing 3
  • Article   3.5 Accumulation 3
  • Article   3.6 Tolerances 3
  • Article   3.7 Unit of Qualification 3
  • Article   3.8 Accounting Segregation 3
  • Article   3.9 Sets 3
  • Article   3.10 Non-alteration 3
  • Article   3.11 Returning Products 3
  • Article   3.12 Accessories, Spare Parts, Tools and Instructional or other Information Materials 3
  • Article   3.13 Neutral Elements 3
  • Article   3.14 Packing Materials and Containers for Shipment 3
  • Article   3.15 Packaging Materials and Containers for Retail Sale 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 Importer's Knowledge 3
  • Article   3.19 Record Keeping Requirements 3
  • Article   3.20 Small Consignments and Waivers 3
  • Article   3.21 Verification 3
  • Article   3.22 Administrative Cooperation 4
  • Article   3.23 Mutual Assistance In the Fight Against Fraud 4
  • Article   3.24 Denial of Preferential Tariff Treatment 4
  • Article   3.25 Confidentiality 4
  • Article   3.26 Administrative Measures and Sanctions 4
  • Section   C Miscellaneous 4
  • Article   3.27 Application of this Chapter to Ceuta and Melilla 4
  • Article   3.28 Committee on Rules of Origin and Customs-Related Matters 4
  • Article   3.29 Transitional Provisions for Products In Transit or Storage 4
  • Chapter   4 CUSTOMS MATTERS AND TRADE FACILITATION 4
  • Article   4.1 Objectives 4
  • Article   4.2 4
  • Article   4.3 Transparency 4
  • Article   4.4 Procedures for Import, Export and Transit 4
  • Article   4.5 Release of Goods 4
  • Article   4.6 Simplification of Customs Procedures 4
  • Article   4.7 Advance Rulings 4
  • Article   4.8 Appeal and Review 4
  • Article   4.9 Risk Management 4
  • Article   4.10 Post-clearance Audit 4
  • Article   4.11 Transit and Transhipment 4
  • Article   4.12 Customs Cooperation 4
  • Article   4.13 Temporary Admission 4
  • Article   4.14 Committee on Rules of Origin and Customs-Related Matters 5
  • Chapter   5 TRADE REMEDIES 5
  • Section   A General Provisions 5
  • Article   5.1 Definitions 5
  • Section   B Bilateral Safeguard Measures 5
  • Article   5.2 Application of Bilateral Safeguard Measures 5
  • Article   5.3 Conditions and Limitations 5
  • Article   5.4 Investigation 5
  • Article   5.5 Notification 5
  • Article   5.6 Consultations and Compensations 5
  • Article   5.7 Provisional Bilateral Safeguard Measures 5
  • Article   5.8 Miscellaneous 5
  • Section   C Global Safeguard Measures 5
  • Article   5.9 General Provisions 5
  • Article   5.10 Application of Safeguard Measures 5
  • Section   D Anti-dumping and Countervailing Measures 5
  • Article   5.11 General Provisions 5
  • Article   5.12 Transparency and Disclosure of Essential Facts 5
  • Article   5.13 Consideration of Public Interest 5
  • Article   5.14 Anti-dumping Investigation 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Objectives 5
  • Article   6.2 Scope of Application 5
  • Article   6.3 Definitions 5
  • Article   6.4 Relation to the WTO Agreement 5
  • Article   6.5 Competent Authorities and Contact Points 5
  • Article   6.6 Risk Assessment 5
  • Article   6.7 Import Conditions, Import Procedures and Trade Facilitation 5
  • Article   6.8 Audit 5
  • Article   6.9 Procedure for Listing of Establishments or Facilities 5
  • Article   6.10 Adaptation to Regional Conditions 6
  • Article   6.11 Transparency and Exchange of Information 6
  • Article   6.12 Technical Consultations 6
  • Article   6.13 Emergency Measures 6
  • Article   6.14 Equivalence 6
  • Article   6.15 Committee on Sanitary and Phytosanitary Measures 6
  • Article   6.16 Dispute Settlement 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Objectives 6
  • Article   7.2 Scope 6
  • Article   7.3 Incorporation of Certain Provisions of the TBT Agreement 6
  • Article   7.4 Definitions 6
  • Article   7.5 Technical Regulations 6
  • Article   7.6 International Standards 6
  • Article   7.7 Standards 6
  • Article   7.8 Conformity Assessment Procedures 6
  • Article   7.9 Transparency 6
  • Article   7.10 Market Surveillance 7
  • Article   7.11 Marking and Labelling 7
  • Article   7.12 Cooperation 7
  • Article   7.13 Committee on Technical Barriers to Trade 7
  • Article   7.14 Contact Points 7
  • Chapter   8 Trade In Services, Investment Liberalisation and Electronic Commerce 7
  • Section   A General Provisions 7
  • Article   8.1 Scope 7
  • Article   8.2 Definitions 7
  • Article   8.3 General Exceptions 7
  • Article   8.4 Committee on Trade In Services, Investment Liberalisation and Electronic Commerce 7
  • Article   8.5 Review 7
  • Section   B Investment Liberalisation 7
  • Article   8.6 Scope 7
  • Article   8.7 Market Access 7
  • Article   8.8 National Treatment 8
  • Article   8.9 Most-favoured-nation Treatment 8
  • Article   8.10 Senior Management and Boards of Directors 8
  • Article   8.11 Prohibition of Performance Requirements 8
  • Article   8.12 Non-conforming Measures and Exceptions 8
  • Article   8.13 Denial of Benefits 8
  • Section   C Cross-border Trade In Services 8
  • Article   8.14 Scope 8
  • Article   8.15 Market Access 8
  • Article   8.16 National Treatment 8
  • Article   8.17 Most-favoured-nation Treatment 8
  • Article   8.18 Non-conforming Measures 8
  • Article   8.19 Denial of Benefits 8
  • Section   D Entry and Temporary Stay of Natural Persons 8
  • Article   8.20 General Provisions and Scope 8
  • Article   8.21 Definitions 8
  • Article   8.22 General Obligations 9
  • Article   8.23 Transparency 9
  • Article   8.24 Obligations In other Sections 9
  • Article   8.25 Business Visitors for Establishment Purposes, Intra-corporate Transferees and Investors 9
  • Article   8.26 Contractual Service Suppliers and Independent Professionals 9
  • Article   8.27 Short-term business Visitors 9
  • Article   8.28 Contact Points 9
  • Section   E Regulatory Framework 9
  • Subsection   1 Domestic Regulation 9
  • Article   8.29 Scope and Definitions 9
  • Article   8.30 Conditions for Licensing and Qualification 9
  • Article   8.31 Licensing and Qualification Procedures 9
  • Article   8.32 Technical Standards 9
  • Subsection   2 Provisions of General Application 9
  • Article   8.33 Administration of Measures of General Application 9
  • Article   8.34 Review Procedures for Administrative Decisions 9
  • Article   8.35 Mutual Recognition 9
  • Subsection   3 Postal and Courier Services 9
  • Article   8.36 Scope and Definitions 9
  • Article   8.37 Universal Service 9
  • Article   8.38 Border Procedures 9
  • Article   8.39 Licences 9
  • Article   8.40 Independence of the Regulatory Body 9
  • Subsection   4 Telecommunications Services 9
  • Article   8.41 Scope 9
  • Article   8.42 Definitions 10
  • Article   8.43 Approaches to Regulation 10
  • Article   8.44 Access and Use 10
  • Article   8.45 Number Portability 10
  • Article   8.46 Resale 10
  • Article   8.47 Enabling Use of Network Facilities and Interconnection 10
  • Article   8.48 Obligations Relating to Major Suppliers 10
  • Article   8.49 Regulatory Authority 10
  • Article   8.50 Universal Service 10
  • Article   8.51 Authorisation to Provide Telecommunications Networks and Services 10
  • Article   8.52 Allocation and Use of Scarce Resources 10
  • Article   8.53 Transparency 10
  • Article   8.54 Resolution of Telecommunications Disputes 10
  • Article   8.55 Relation to International Organisations 10
  • Article   8.56 Confidentiality of Information 10
  • Article   8.57 International Mobile Roaming (56) 10
  • Subsection   5 Financial Services 10
  • Article   8.58 Scope 10
  • Article   8.59 Definitions 10
  • Article   8.60 Financial Services New to the Territory of a Party 11
  • Article   8.61 Payment and Clearing Systems 11
  • Article   8.62 Self-regulatory Organisations 11
  • Article   8.63 Transfers of Information and Processing of Information 11
  • Article   8.64 Effective and Transparent Regulation 11
  • Article   8.65 Prudential Carve-out 11
  • Article   8.66 Supply of Insurance Services by Postal Insurance Entities 11
  • Article   8.67 Regulatory Cooperation on Financial Regulation 11
  • Subsection   6 International Maritime Transport Services 11
  • Article   8.68 Scope and Definitions 11
  • Article   8.69 Obligations 11
  • Section   F Electronic Commerce 11
  • Article   8.70 Objective and General Provisions 11
  • Article   8.71 Definitions 11
  • Article   8.72 Customs Duties 11
  • Article   8.73 Source Code 11
  • Article   8.74 Domestic Regulation 11
  • Article   8.75 Principle of No Prior Authorisation 11
  • Article   8.76 Conclusion of Contracts by Electronic Means 11
  • Article   8.77 Electronic Authentication and Electronic Signature 11
  • Article   8.78 Consumer Protection 11
  • Article   8.79 Unsolicited Commercial Electronic Messages 11
  • Article   8.80 Cooperation on Electronic Commerce 11
  • Article   8.81 Free Flow of Data 12
  • Chapter   9 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES 12
  • Article   9.1 Current Account 12
  • Article   9.2 Capital Movements 12
  • Article   9.3 Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers 12
  • Article   9.4 Temporary Safeguard Measures 12
  • Chapter   10 GOVERNMENT PROCUREMENT 12
  • Article   10.1 Incorporation of the GPA 12
  • Article   10.2 Additional Scope of Application 12
  • Article   10.3 Additional Rules 12
  • Article   10.4 Publication of Notices 12
  • Article   10.5 Conditions for Participation 12
  • Article   10.6 Qualification of Suppliers 12
  • Article   10.7 Selective Tendering 12
  • Article   10.8 Technical Specifications 12
  • Article   10.9 Test Reports 12
  • Article   10.10 Environmental Conditions 12
  • Article   10.11 Treatment of Tenders and Awarding of Contracts 12
  • Article   10.12 Domestic Review Procedures 12
  • Article   10.13 Collection and Reporting of Statistics 12
  • Article   10.14 Modifications and Rectifications to Coverage 12
  • Article   10.15 Cooperation 12
  • Article   10.16 Committee on Government Procurement 12
  • Article   10.17 Contact Points 12
  • Chapter   11 COMPETITION POLICY 12
  • Article   11.1 Principles 12
  • Article   11.2 Anticompetitive Practices 13
  • Article   11.3 Legislative and Regulatory Framework 13
  • Article   11.4 Operational Independence 13
  • Article   11.5 Non-discrimination 13
  • Article   11.6 Procedural Fairness 13
  • Article   11.7 Transparency 13
  • Article   11.8 Enforcement Cooperation 13
  • Article   11.9 Dispute Settlement 13
  • Chapter   12 SUBSIDIES 13
  • Article   12.1 Principles 13
  • Article   12.2 Definitions 13
  • Article   12.3 Scope 13
  • Article   12.4 Relation to the WTO Agreement 13
  • Article   12.5 Notification 13
  • Article   12.6 Consultations 13
  • Article   12.7 Prohibited Subsidies 13
  • Article   12.8 Use of Subsidies 13
  • Article   12.9 General Exceptions 13
  • Article   12.10 Dispute Settlement 13
  • Chapter   13 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTSOR PRIVILEGES AND DESIGNATED MONOPOLIES 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 13
  • Article   13.3 Relation to the WTO Agreement 13
  • Article   13.4 General Provisions 13
  • Article   13.5 Non-discriminatory Treatment and Commercial Considerations 13
  • Article   13.6 Regulatory Framework 13
  • Article   13.7 Information Exchange 13
  • Article   13.8 General Exceptions 13
  • Chapter   14 INTELLECTUAL PROPERTY 13
  • Section   A General Provisions 14
  • Article   14.1 Initial Provisions 14
  • Article   14.2 Agreed Principles 14
  • Article   14.3 International Agreements 14
  • Article   14.4 National Treatment 14
  • Article   14.5 Most-favoured-nation Treatment 14
  • Article   14.6 Procedural Matters and Transparency 14
  • Article   14.7 Promotion of Public Awareness Concerning Protection of Intellectual Property 14
  • Section   B Standards Concerning Intellectual Property 14
  • Subsection   1 Copyright and Related Rights 14
  • Article   14.8 Authors 14
  • Article   14.9 Performers 14
  • Article   14.10 Producers of Phonograms 14
  • Article   14.11 Broadcasting Organisations 14
  • Article   14.12 Use of Phonograms 14
  • Article   14.13 Term of Protection 14
  • Article   14.14 Limitations and Exceptions 14
  • Article   14.15 Artist's Resale Right In Works of Art 14
  • Article   14.16 Collective Management 14
  • Article   14.17 Protection of Existing Subject Matter 14
  • Subsection   2 Trademarks 14
  • Article   14.18 Rights Conferred by a Trademark 14
  • Article   14.19 Exceptions 14
  • Article   14.20 Preparatory Acts Deemed as Infringement 14
  • Article   14.21 Well-known Trademarks 14
  • Subsection   3 Geographical Indications 14
  • Article   14.22 Scope 14
  • Article   14.23 System of Protection of Geographical Indications 14
  • Article   14.24 Lists of Geographical Indications 14
  • Article   14.25 Scope of Protection of Geographical Indications 14
  • Article   14.26 Scope of the Use of Geographical Indications 15
  • Article   14.27 Relationship with Trademarks 15
  • Article   14.28 Enforcement of Protection 15
  • Article   14.29 Exceptions 15
  • Article   14.30 Amendment of the Lists of Geographical Indications 15
  • Subsection   4 Industrial Designs 15
  • Article   14.31 Industrial Designs (96) 15
  • Subsection   5 Unregistered Appearance of Products 15
  • Article   14.32 Unregistered Appearance of Products 15
  • Subsection   6 Patents 15
  • Article   14.33 Patents 15
  • Article   14.34 Patents and Public Health 15
  • Article   14.35 Extension of the Period of Protection Conferred by a Patent on Pharmaceutical Products and Agricultural Chemical Products (103) (104) 15
  • Subsection   7 Trade Secrets and Undisclosed Tests or other Data 15
  • Article   14.36 Scope of Protection of Trade Secrets 15
  • Article   14.37 Treatment of Test Data In Marketing Approval Procedure 15
  • Subsection   8 New Varieties of Plants 15
  • Article   14.38 New Varieties of Plants 15
  • Subsection   9 Unfair Competition 15
  • Article   14.39 Unfair Competition 15
  • Section   C Enforcement 15
  • Subsection   1 General Provisions 15
  • Article   14.40 Enforcement – General 15
  • Article   14.41 Entitled Applicants 15
  • Subsection   2 Enforcement – Civil Remedies (114) (115) 15
  • Article   14.42 Measures for Preserving Evidence 15
  • Article   14.43 Right of Information 15
  • Article   14.44 Provisional and Precautionary Measures 15
  • Article   14.45 Corrective Measures 15
  • Article   14.46 Injunctions 16
  • Article   14.47 Damages 16
  • Article   14.48 Costs 16
  • Article   14.49 Presumption of Authorship or Ownership 16
  • Subsection   3 Enforcement of Protection Against Misappropriation of Trade Secrets 16
  • Article   14.50 Civil Procedures and Remedies 16
  • Subsection   4 Enforcement – Border Measures 16
  • Article   14.51 Enforcement – Border Measures 16
  • Section   D Cooperation and Institutional Arrangements 16
  • Article   14.52 Cooperation 16
  • Article   14.53 Committee on Intellectual Property 16
  • Article   14.54 Security Exceptions 16
  • Article   14.55 Dispute Settlement 16
  • Chapter   15 CORPORATE GOVERNANCE 16
  • Article   15.1 Objectives 16
  • Article   15.2 Definitions 16
  • Article   15.3 General Principles 16
  • Article   15.4 Rights of Shareholders and Ownership Functions 16
  • Article   15.5 Roles of the Board 16
  • Article   15.6 Takeovers 16
  • Article   15.7 Dispute Settlement 16
  • Chapter   16 TRADE AND SUSTAINABLE DEVELOPMENT 16
  • Article   16.1 Context and Objectives 16
  • Article   16.2 Right to Regulate and Levels of Protection 16
  • Article   16.3 International Labour Standards and Conventions 16
  • Article   16.4 Multilateral Environmental Agreements 16
  • Article   16.5 Trade and Investment Favouring Sustainable Development 16
  • Article   16.6 Biological Diversity 16
  • Article   16.7 Sustainable Management of Forests and Trade In Timber and Timber Products 17
  • Article   16.8 Trade and Sustainable Use of Fisheries Resources and Sustainable Aquaculture 17
  • Article   16.9 Scientific Information 17
  • Article   16.10 Transparency 17
  • Article   16.11 Review of Sustainability Impacts 17
  • Article   16.12 Cooperation 17
  • Article   16.13 Committee on Trade and Sustainable Development 17
  • Article   16.14 Contact Points 17
  • Article   16.15 Domestic Advisory Group 17
  • Article   16.16 Joint Dialogue with Civil Society 17
  • Article   16.17 Government Consultations 17
  • Article   16.18 Panel of Experts 17
  • Article   16.19 Review 17
  • Chapter   17 TRANSPARENCY 17
  • Article   17.1 Definitions 17
  • Article   17.2 Transparent Regulatory Environment 17
  • Article   17.3 Publication 17
  • Article   17.4 Enquiries 17
  • Article   17.5 Administration of Measures of General Application 17
  • Article   17.6 Review and Appeal 17
  • Article   17.7 Cooperation on the Promotion of Increased Transparency 17
  • Article   17.8 Relation to other Chapters 17
  • Chapter   18 GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION 17
  • Section   A Good Regulatory Practices and Regulatory Cooperation 17
  • Subsection   1 General Provisions 17
  • Article   18.1 Objectives and General Principles 17
  • Article   18.2 Definitions 17
  • Article   18.3 Scope 18
  • Subsection   2 Good Regulatory Practices 18
  • Article   18.4 Internal Coordination 18
  • Article   18.5 Regulatory Processes and Mechanisms 18
  • Article   18.6 Early Information on Planned Regulatory Measures 18
  • Article   18.7 Public Consultations 18
  • Article   18.8 Impact Assessment 18
  • Article   18.9 Retrospective Evaluation 18
  • Article   18.10 Opportunity to Submit Comments 18
  • Article   18.11 Exchange of Information on Good Regulatory Practices 18
  • Subsection   3 Regulatory Cooperation 18
  • Article   18.12 Regulatory Cooperation Activities 18
  • Article   18.13 Good Practices to Promote Regulatory Compatibility 18
  • Subsection   4 Institutional Provisions 18
  • Article   18.14 Committee on Regulatory Cooperation 18
  • Article   18.15 Contact Points 18
  • Article   18.16 Exchange of Information on Planned or Existing Regulatory Measures 18
  • Section   B Animal Welfare 18
  • Article   18.17 Animal Welfare 18
  • Section   C Final Provisions 18
  • Article   18.18 Application of Section a 18
  • Article   18.19 Dispute Settlement 18
  • Chapter   19 COOPERATION IN THE FIELD OF AGRICULTURE 18
  • Article   19.1 Objectives 18
  • Article   19.2 Scope 18
  • Article   19.3 Cooperation for the Improvement of the Business Environment 18
  • Article   19.4 Request for Information 18
  • Article   19.5 Committee on Cooperation In the Field of Agriculture 18
  • Article   19.6 Contact Points and Communications 18
  • Article   19.7 Relation to other Chapters 18
  • Article   19.8 Dispute Settlement 18
  • Chapter   20 SMALL AND MEDIUM-SIZED ENTERPRISES 18
  • Article   20.1 Objective 18
  • Article   20.2 Information Sharing 18
  • Article   20.3 SME Contact Points 19
  • Article   20.4 Dispute Settlement 19
  • Chapter   21 DISPUTE SETTLEMENT 19
  • Section   A Objective, Scope and Definitions 19
  • Article   21.1 Objective 19
  • Article   21.2 Scope 19
  • Article   21.3 Definitions 19
  • Section   B Consultations and Mediation 19
  • Article   21.4 Request for Information 19
  • Article   21.5 Consultations 19
  • Article   21.6 Mediation 19
  • Section   C Panel Procedure 19
  • Article   21.7 Establishment of a Panel 19
  • Article   21.8 Composition of a Panel 19
  • Article   21.9 List of Arbitrators 19
  • Article   21.20 Qualifications of Arbitrators 19
  • Article   21.21 Replacement of Arbitrators 19
  • Article   21.22 Functions of Panels 19
  • Article   21.13 Terms of Reference 19
  • Article   21.14 Decision on Urgency 19
  • Article   21.15 Panel Proceedings 19
  • Article   21.16 Rules of Interpretation 19
  • Article   21.17 Receipt of Information 19
  • Article   21.18 Interim Report 19
  • Article   21.19 Final Report 19
  • Article   21.20 Compliance with the Final Report 19
  • Article   21.21 Compliance Review 19
  • Article   21.22 Temporary Remedies In Case of Non-compliance 20
  • Article   21.23 Compliance Review after the Adoption of Temporary Remedies 20
  • Article   21.24 Suspension and Termination of Proceedings 20
  • Section   D General Provisions 20
  • Article   21.25 Administration of the Dispute Settlement Procedure 20
  • Article   21.26 Mutually Agreed Solution 20
  • Article   21.27 Choice of Forum 20
  • Article   21.28 Time Period 20
  • Article   21.29 Expenses 20
  • Article   21.30 Rules of Procedure and Code of Conduct 20
  • Chapter   22 INSTITUTIONAL PROVISIONS 20
  • Article   22.1 Joint Committee 20
  • Article   22.2 Decisions and Recommendations of the Joint Committee 20
  • Article   22.3 Specialised Committees 20
  • Article   22.4 Working Groups 20
  • Article   22.5 Work of Specialised Committees, Working Groups and other Bodies 20
  • Article   22.6 Contact Points 20
  • Chapter   23 FINAL PROVISIONS 20
  • Article   23.1 General Review 20
  • Article   23.2 Amendments 20
  • Article   23.3 Entry Into Force 20
  • Article   23.4 Termination 20
  • Article   23.5 No Direct Effect on Persons 20
  • Article   23.6 Annexes, Appendices and Footnotes 20
  • Article   23.7 Future Accessions to the European Union 20
  • Article   23.8 Authentic Texts 21