EU - Japan Economic Partnership (2018)
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(c)    implement, as appropriate, the decisions which were adopted under the international agreements referred to in paragraph 1, including through laws, regulations, strategies, plans and programmes; and

(d)    exchange information and consult with the other Party at bilateral and multilateral levels on matters of relevance to this Article, including trade in wildlife and natural resource-based products, the valuation, mapping and assessment of ecosystems and related services, and the access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation.

Article 16.7. Sustainable Management of Forests and Trade In Timber and Timber Products

1.    The Parties recognise the importance and the role of trade and investment in ensuring the conservation and sustainable management of forests.

2.    In that context, the Parties shall:

(a)    encourage conservation and sustainable management of forests, and trade in timber and timber products harvested in accordance with the laws and regulations of the country of harvest;

(b)    contribute to combating illegal logging and related trade including, as appropriate, the trade with third countries; and

(c)    exchange information and share experiences at bilateral and multilateral levels with a view to promoting the conservation and sustainable management of forests and trade in legally harvested timber and timber products, as well as to combating illegal logging.

Article 16.8. Trade and Sustainable Use of Fisheries Resources and Sustainable Aquaculture

1.    The Parties recognise the importance and the role of trade and investment in ensuring the conservation and sustainable use and management of fisheries resources, safeguarding marine ecosystems, and promoting responsible and sustainable aquaculture.

2.    In that context, the Parties shall:

(a)    comply with the United Nations Convention on the Law of the Sea, the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, done at Rome on 24 November 1993, and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, done at New York on 4 August 1995, take measures to achieve the objectives and principles of the Code of Conduct for Responsible Fisheries adopted by the Conference of the Food and Agriculture Organisation on 31 October 1995, encourage the implementation of port state measures both at global and regional levels, and, as appropriate, encourage third countries to ratify, accept, approve, or accede to, relevant international agreements to which both Parties are party;

(b)    promote conservation and sustainable use of fisheries resources through appropriate international organisations or bodies in which both Parties participate, including regional fisheries management organisations (hereinafter referred to as "RFMOs"), by means of, where applicable, effective monitoring, control or enforcement of the RFMOs' resolutions, recommendations or measures, and implementation of their catch documentation or certification schemes;

(c)    adopt and implement their respective effective tools for combating illegal, unreported and unregulated (hereinafter referred to as "IUU") fishing, including through legal instruments, and, where appropriate, control, monitoring and enforcement, and capacity management measures, recognising that voluntary sharing of information on IUU fishing will enhance the effectiveness of these tools in the fight against IUU fishing, and underlining the crucial role of the members of RFMOs with major fisheries markets to leverage a sustainable use of fisheries resources; and

(d)    promote the development of sustainable and responsible aquaculture, taking into account its economic, social and environmental aspects.

Article 16.9. Scientific Information

When preparing and implementing measures with the aim of protecting the environment or labour conditions that may affect trade or investment, the Parties shall take account of available scientific and technical information, and where appropriate, relevant international standards, guidelines or recommendations, and the precautionary approach.

Article 16.10. Transparency

Each Party shall ensure that any measure of general application pursuing the objectives of this Chapter is administered in a transparent manner, in accordance with its laws and regulations and Chapter 17, including by providing the public with reasonable opportunities and sufficient time to comment, and by publishing such measures.

Article 16.11. Review of Sustainability Impacts

The Parties recognise the importance of reviewing, monitoring and assessing, jointly or individually, the impact of the implementation of this Agreement on sustainable development through their respective processes and institutions, as well as those set up under this Agreement.

Article 16.12. Cooperation

Recognising the importance of cooperation on trade-related and investment-related aspects of environmental and labour policies in order to achieve the objectives of this Agreement, the Parties may, inter alia:

(a)    cooperate at bilateral or multilateral level in the fields of environmental protection and labour, including through appropriate international organisations or bodies in which both Parties participate;

(b)    cooperate on evaluating the mutual impact between trade and environment, and trade and labour, as well as on identifying ways to enhance, prevent or mitigate such impact, taking into account the results of the monitoring and assessment carried out by the Parties, for instance, sustainability impact assessments as far as the European Union is concerned;

(c)    cooperate to facilitate and promote trade and investment in environmental goods and services, in a manner consistent with this Agreement, including through the exchange of information;

(d)    cooperate on labelling schemes, including through the exchange of information on eco-labels, as well as other measures and initiatives that contribute to sustainability, including as appropriate fair and ethical trade schemes;

(e)    cooperate to promote corporate social responsibility, notably through the exchange of information and best practices, including on adherence, implementation, follow-up, and dissemination of internationally agreed guidelines and principles;

(f)    cooperate on trade-related aspects of ILO's Decent Work Agenda;

(g)    cooperate on trade-related aspects of multilateral environmental agreements, including through the exchange of views and information on the implementation of CITES and through technical and customs cooperation;

(h)    cooperate on trade-related aspects of the international climate change regime, including on means to promote low-carbon technologies, other climate-friendly technologies and energy efficiency;

(i)    cooperate to promote the conservation and sustainable use of biological diversity, including combatting illegal trade in endangered species of wild fauna and flora;

(j)    cooperate to promote the conservation and sustainable management of forests and trade in legally harvested timber and timber products, as well as to combat illegal logging; and

(k)    cooperate, bilaterally or through appropriate international organisations or bodies in which both Parties participate, to promote sustainable fishing and aquaculture practices and trade in legally obtained fisheries resources, as well as to combat IUU fishing.

Article 16.13. Committee on Trade and Sustainable Development

1.    The Committee on Trade and Sustainable Development established pursuant to Article 22.3 (hereinafter referred to in this Chapter 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 and, when necessary, making appropriate recommendations to the Joint Committee for its consideration related to subparagraph 5(d) of Article 22.1;

(b)    considering any other matter related to this Chapter as the Parties may agree;

(c)    interacting with civil society (128) on the implementation of this Chapter;

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

(e)    seeking solutions to resolve differences between the Parties as to the interpretation or application of this Chapter, including through the procedures pursuant to paragraph 5 of Article 16.17. (129)

3.    The Committee shall meet within one year of the date of entry into force of this Agreement. Thereafter, the Committee shall meet in accordance with subparagraph 3(a) of Article 22.3 without prejudice to procedures pursuant to paragraph 5 of Article 16.17.

4.    The Committee will pursue coherence and cooperation between its work and the activities of the ILO and of relevant multilateral environmental organisations or bodies.

(128) For the purposes of this Chapter, "civil society" means independent economic, social and environmental stakeholders, including employers' and workers' organisations and environmental groups.
(129) For greater certainty, the advice provided under paragraph 4 of Article 16.17 is taken into account in the work carried out by the Committee pursuant to this subparagraph.

Article 16.14. Contact Points

Each Party shall, upon the entry into force of this Agreement, designate a contact point to facilitate communications between the Parties on any matter relating to this Chapter and notify the other Party of the contact details including information regarding the relevant officials. The Parties shall promptly notify each other of any change of those contact details.

Article 16.15. Domestic Advisory Group

1.    Each Party shall convene meetings of its own new or existing domestic advisory group or groups on economic, social and environmental issues related to this Chapter and consult with the group or groups in accordance with its laws, regulations and practices.

2.    Each Party is responsible for ensuring a balanced representation of independent economic, social and environmental stakeholders, including employers' and workers' organisations and environmental groups, in the advisory group or groups.

3.    The advisory group or groups of each Party may meet on its or their own initiative and express its or their opinions on the implementation of this Chapter independently of the Party and submit those opinions to that Party.

Article 16.16. Joint Dialogue with Civil Society

1.    The Parties shall convene the Joint Dialogue with civil society organisations situated in their territories (hereinafter referred to in this Chapter as "Joint Dialogue"), including members of their domestic advisory groups referred to in Article 16.15, to conduct a dialogue on this Chapter.

2.    The Parties shall promote in the Joint Dialogue a balanced representation of relevant stakeholders, including independent organisations which are representative of economic, environmental and social interests as well as other relevant organisations as appropriate.

3.    The Joint Dialogue shall be convened no later than one year after the date of entry into force of this Agreement. Thereafter, the Joint Dialogue shall be convened regularly, unless the Parties agree otherwise. The Parties shall agree on the operation of the Joint Dialogue before the first meeting of the Joint Dialogue. Participation in the Joint Dialogue may take place by any appropriate means of communication as agreed by the Parties.

4.    The Parties will provide the Joint Dialogue with information on the implementation of this Chapter. The views and opinions of the Joint Dialogue may be submitted to the Committee and may be made publicly available.

Article 16.17. Government Consultations

1.    In the event of disagreement between the Parties on any matter regarding the interpretation or application of this Chapter, the Parties shall only have recourse to the procedures set out in this Article and Article 16.18. The provisions of this Chapter shall not be subject to dispute settlement under Chapter 21.

2.    A Party may request in writing consultations with the other Party on any matter concerning the interpretation and application of this Chapter. The Party requesting consultations shall set out the reasons for the request, including identification of the matter and an indication of its factual and legal basis, specifying the relevant provisions of this Chapter.

3.    When a Party requests consultation pursuant to paragraph 2, the other Party shall reply promptly and enter into consultations with a view to reaching a mutually satisfactory resolution of the matter.

4.    During consultations, each Party shall provide sufficient information to enable a full examination of the matter in question. The Parties shall take into account the activities of the ILO and other relevant international organisations or bodies in which both Parties participate and, as may be required by the Parties on an ad hoc basis, may seek advice from those international organisations or bodies, or other experts. The Parties shall discuss appropriate measures to be implemented, taking into account that advice.

5.    If no solution is reached through the consultations held in accordance with paragraphs 2 to 4, the Committee shall be convened promptly on request of a Party to consider the matter in question.

6.    The Parties shall ensure that the solutions reached through the consultations under this Article will be jointly made publicly available, unless the Parties agree otherwise.

Article 16.18. Panel of Experts

1.    If, no later than 75 days of the date of the request by a Party to convene the Committee pursuant to paragraph 5 of Article 16.17, the Parties do not reach a mutually satisfactory resolution of the matter concerning the interpretation or application of the relevant Articles of this Chapter, a Party may request that a panel of experts be convened to examine the matter in accordance with the terms of reference referred to in paragraph 2. Such request shall be made in writing through the contact point of the other Party referred to in Article 16.14 and shall identify the reasons for the request, including the identification of the matter to be resolved and an indication of its factual and legal basis.

2.    The Committee shall, within one year of the date of entry into force of this Agreement, adopt the rules of procedure and the terms of reference for the panel of experts. The rules of procedure shall identify the procedures for finding the relevant information. The panel shall interpret the relevant Articles of this Chapter in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969. Pending the establishment of those rules of procedure and terms of reference, the Rules of Procedure referred to in Article 21.30 shall apply mutatis mutandis, and the terms of reference shall be, unless the Parties agree otherwise no later than five days after the date of establishment of the panel, as follows:

"to examine, in the light of the relevant Articles of Chapter 16, the matter referred to in the request for the establishment of the panel of experts, and to issue a report in accordance with paragraph 5 of Article 16.18, making recommendations for the resolution of the matter".

3.    The panel of experts may obtain information from any source it deems appropriate. For matters related to ILO instruments or multilateral environmental agreements, it should seek information and advice from the relevant international organisations or bodies. Any information obtained pursuant to this paragraph shall be submitted to the Parties for their comments.

4.    The panel shall be composed of three experts. They shall be selected in accordance with subparagraphs (a) to (e).

(a)    The experts shall have relevant technical or legal expertise in the issues addressed in this Chapter. They shall be independent of, and not be affiliated with or take instructions from, either Party. They shall serve in their individual capacities and not take instructions from any organisation or government, nor have been involved in the matter in question in any capacity.

(b)    Each Party shall, no later than 45 days after the date of receipt of the request to convene the panel, appoint one expert who may be a national of that Party and propose up to three candidates to serve as the chairperson of the panel. The chairperson shall not be a national of either Party. The Parties shall agree on and appoint the chairperson from the proposed candidates no later than 15 days after the expiry of the 45 day period.

(c)    If a Party has not appointed an expert or if the Parties have not agreed on nor appointed the chairperson pursuant to subparagraph (b), the experts or the chairperson not yet appointed shall be chosen no later than 15 days after the expiry of the 15 day period provided for in subparagraph (b) by lot from the candidates proposed pursuant to subparagraph (d).

(d)    The Committee shall, within one year of the date of entry into force of this Agreement, establish a list of at least 10 individuals who are willing and able to serve as experts pursuant to this Article, and who meet the qualifications set out in subparagraph (a). The list shall be composed of three sub-lists: one for each Party and one for individuals who are not nationals of either Party and who shall act as the chairperson of the panel. Each Party shall select at least three individuals to serve as experts for its sub-list. Unless the Parties agree otherwise, they shall jointly select four individuals for the sub-list of chairpersons. The Committee will ensure that the number of individuals on the list is always maintained at the level required by this subparagraph.

(e)    The date of establishment of a panel shall be the date on which the chairperson is appointed.

5.    The panel of experts shall issue an interim and a final report to the Parties setting out the findings of facts, the interpretation or the applicability of the relevant Articles and the basic rationale behind any findings and suggestions. No later than 45 days after the date of receipt of the interim report, which shall be issued no later than 90 days after the date of establishment of the panel, the Parties may submit written comments on that report. After considering any such written comments, the panel of experts may modify the report and make any further examination it considers appropriate. The final report shall be issued no later than 180 days after the date of establishment of the panel, unless the chairperson of the panel notifies the Parties in writing that the deadline cannot be met. In that case, the final report shall be issued no later than 200 days after the date of establishment of the panel, unless the Parties agree otherwise. The final report shall be made publicly available. The Parties shall ensure the protection of confidential information.

6.    The Parties shall discuss actions or measures to resolve the matter in question, taking into account the panel's final report and its suggestions. Each Party shall inform the other Party and its own domestic advisory group or groups of any follow-up actions or measures no later than three months after the date of issuance of the final report. The follow-up actions or measures shall be monitored by the Committee. The domestic advisory group or groups and the Joint Dialogue may submit their observations in this regard to the Committee.

Article 16.19. Review

1.    The Committee shall discuss, as necessary, the implementation and operation of the institutional and consultation provisions contained in Articles 16.13, 16.17 and 16.18, taking into account, inter alia, the experience gained through the implementation and operation of this Chapter and the developments of the relevant policies of each Party. Such discussions may concern possible amendments to these Articles.

2.    Taking into account the outcome of the discussions referred to in paragraph 1, the Committee may recommend to the Joint Committee in accordance with subparagraph 2(a) of Article 16.13 amendments to the Articles referred to in paragraph 1.

Chapter 17. TRANSPARENCY

Article 17.1. Definitions

For the purposes of this Chapter, "measure of general application" means any law, regulation, rule, administrative or judicial decision, or administrative or judicial procedure, of general application with respect to any matter covered by this Agreement.

Article 17.2. Transparent Regulatory Environment

Recognising the impact which its regulatory environment may have on trade and investment between the Parties, each Party shall provide for a transparent regulatory environment, which is effective and predictable for persons including economic operators, especially small and medium-sized enterprises.

Article 17.3. Publication

When introducing or changing measures of general application, each Party shall:

(a)    promptly publish those measures of general application, or otherwise make them publicly available, together with an explanation of their objective and rationale, and where feasible, by electronic means such as a website in English; and

(b)    endeavour to allow for a reasonable interval between the time when those measures of general application are published or made publicly available and the time when they enter into force, except in duly justified cases.

Article 17.4. Enquiries

1.    Each Party shall, on request of the other Party, respond within a reasonable period of time to specific questions from, and provide information to, the other Party with respect to its measures of general application.

2.    Each Party shall make easily available to the public the names and addresses of the competent authorities responsible for its measures of general application.

3.    Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from a person regarding its measures of general application.

4.    The Parties recognise that the responses provided to the enquiries referred to in paragraph 3 may not be definitive or legally binding but for information purposes only, unless otherwise provided for in the laws and regulations of each Party.

Article 17.5. Administration of Measures of General Application

1.    Each Party shall administer in a consistent, objective, impartial and reasonable manner all its measures of general application.

2.    When applying measures of general application in administrative proceedings to particular persons, goods or services of the other Party in specific cases, each Party shall, in accordance with its laws and regulations, provide persons that are directly affected by those administrative proceedings with:

(a)    a reasonable notice of when the proceedings are initiated, including the legal basis and a description of the nature of the proceedings, of the facts and of the issues in question; and

(b)    a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative decision, except for reasons of urgency.

Article 17.6. Review and Appeal

1.    Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review or appeal and, where warranted, correction of administrative actions or, as provided for in its laws and regulations, of failures to act with respect to any matter covered by this Agreement. Those tribunals or procedures shall be impartial and independent of the office or authority entrusted with administrative enforcement of such actions and shall not have any substantial interest in the outcome of the matter.

2.    Each Party shall ensure that the parties before the tribunals or involved in the procedures referred to in paragraph 1 are provided with the right to:

(a)    a reasonable opportunity to support or defend their respective positions; and

(b)    a decision based on the evidence and submissions of record.

3.    Each Party shall ensure, subject to further review or appeal as provided for in its laws and regulations, that the decision referred to in subparagraph 2(b) is implemented by the relevant offices or authorities with respect to the administrative action concerned.

Article 17.7. Cooperation on the Promotion of Increased Transparency

The Parties shall cooperate, where appropriate, in bilateral, regional and multilateral fora on ways to promote transparency in respect of international trade and investment.

Article 17.8. Relation to other Chapters

This Chapter applies without prejudice to any specific provisions in other Chapters of this Agreement.

Chapter 18. GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION

Section A. Good Regulatory Practices and Regulatory Cooperation

Subsection 1. General Provisions

Article 18.1. Objectives and General Principles

1.    The objectives of this Section are to promote good regulatory practices and regulatory cooperation between the Parties with the aim of enhancing bilateral trade and investment by:

(a)    promoting an effective, transparent and predictable regulatory environment;

(b)    promoting compatible regulatory approaches and reducing unnecessarily burdensome, duplicative or divergent regulatory requirements;

(c)    discussing regulatory measures, practices or approaches of a Party, including how to enhance their efficient application; and

(d)    reinforcing bilateral cooperation between the Parties in international fora.

2.    Nothing in this Section shall affect the right of a Party to define or regulate its own levels of protection in pursuit or furtherance of its public policy objectives in areas such as:

(a)    public health;

(b)    human, animal and plant life and health;

(c)    occupational health and safety;

(d)    labour conditions;

(e)    the environment including climate change;

(f)    consumers;

(g)    social protection and social security;

(h)    personal data and cybersecurity;

(i)    cultural diversity;

(j)    financial stability; and

(k)    energy security.

3.    Nothing in this Section shall be construed to prevent a Party from:

(a)    adopting, maintaining and applying regulatory measures in accordance with its legal framework, principles (130) and deadlines, in order to achieve its public policy objectives at the level of protection it deems appropriate; and

(b)    providing and supporting services of general interest, including those related to water, health, education or social services.

4.    Regulatory measures shall not constitute a disguised barrier to trade.

5.    Nothing in this Section shall be construed as obliging the Parties to achieve any particular regulatory outcome.

(130) For the European Union, such principles include those established in the TFEU as well as in regulations and directives adopted pursuant to Article 289 of the TFEU.

Article 18.2. Definitions

For the purposes of this Section:

(a)    "regulatory authority" means:

(i)    the European Commission for the European Union; and

(ii)    the Government of Japan for Japan; and

(b)    "regulatory measures" means measures of general applicability, which are:

(i)    for the European Union:

(A)    regulations and directives, as provided for in Article 288 of the TFEU; and

(B)    implementing and delegated acts, as provided for in Articles 290 and 291 of the TFEU, respectively; and

(ii)    for Japan:

(A)    laws;

(B)    Cabinet Orders; and

(C)    Ministerial Ordinances.

Article 18.3. Scope

  • 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