Article 16.3. Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement;
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs;
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links to:
(a) the equivalent websites of the other Parties;
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party’s territory.
3. Subject to each Party’s laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration procedures;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs;
(j) taxation information;
(k) rules on government procurement; and
(l) other information which the Party considers to be useful for SMEs.
4. Each Party shall regularly review, or on the request of the other Party, the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information in this Article available in English.
Article 16.4. Non-Application of Dispute Settlement
The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 17. INDIGENOUS PEOPLES TRADE AND INVESTMENT ECONOMIC COOPERATION
Article 17.1. Objectives and General Provisions
1. The Parties acknowledge their mutual objective to advance economic prosperity through sustainable and inclusive trade and affirm their commitment to promote an inclusive environment for First Nations (1) people, organisations and businesses that enhances the ability of First Nations people, organisations and businesses to participate in and benefit from the opportunities created by international trade and investment, including under this Agreement.
2. The Parties recognise the unique and important contribution that First Nations people, organisations and businesses make to international trade and investment.
3. The Parties recognise the importance of empowering First Nations people, organisations and businesses to benefit from opportunities created by international trade and investment.
4. The Parties affirm their commitment to facilitate and support the development and maintenance of their traditional knowledge and cultural expressions and to respect, preserve and promote traditional knowledge and cultural expressions through appropriate measures.
5. The Parties acknowledge the importance of identifying and addressing domestic and external barriers that may prevent or restrict First Nations people, organisations and businesses from accessing international trade and investment opportunities.
6. The Parties affirm their commitment to the United Nations Declaration on the Rights of Indigenous Peoples done at Geneva on 13 September 2007 (“UNDRIP”).
Article 17.2. First Nations International Instruments
1. The Parties recognise the importance of implementing the UNDRIP.
2. The Parties recognise the importance of achieving the United Nations Transforming our World: the 2030 Agenda for Sustainable Development done at Geneva on 25 September 2015 (“Sustainable Development Goals”), noting the relevance of the Sustainable Development Goals to First Nations people, organisations and businesses, to the protection of lands, waters and natural resources, and to supporting the conditions for sustainable and inclusive economic development.
Article 17.3. International Fora
The Parties recognise the importance of current initiatives, efforts and work on traditional knowledge and traditional cultural expressions in relevant international fora and international instruments, and of taking into account their findings and recommendations where appropriate.
Article 17.4. Areas of Cooperation
1. The Parties agree to cooperate on the subject matter covered by this Chapter and related provisions in other Chapters of this Agreement, including through appropriate coordination, exchange of information, and joint trade and investment promotion activities.
2. The areas of cooperation may include:
(a) exchanging good practices, projects and programmes to enhance First Nations people, organisations and businesses’ trade and investment outcomes;
(b) promoting trade and investment in relevant sectors for First Nations organisations and businesses, including those that relate to or derive from traditional knowledge and traditional cultural expressions such as arts and crafts, dance and music, tourism, food and agri-business, biological diversity and environmental management, the green economy and resources;
(c) sharing experiences and coordination to prevent exports of counterfeit goods purporting to derive from traditional knowledge or traditional cultural expressions;
(d) exchanging views and information on practices and policies with regard to the resale royalty rights of artists, including First Nations artists;
(e) undertaking research, joint studies and other work on possible ways to achieve trade and investment outcomes for First Nations people, organisations and businesses;
(f) sharing experiences to enhance the ability of First Nations people, organisations and businesses to participate in, and benefit from, both Parties’ energy transition;
(g) collaborating to develop links with First Nations people-owned enterprises, to facilitate their access to supply chains, to provide opportunities for digital trade, and to facilitate cooperation between enterprises on trade and investment in First Nations products and services; and
(h) identifying, developing and supporting opportunities to strengthen business-to-business networks, connections and partnerships between both Parties, including through trade missions.
Article 17.5. Relation to other Chapters
The Parties acknowledge that, in addition to the provisions of this Chapter, there are provisions in other Chapters of this Agreement that refer to First Nations people and businesses or organisations.
Article 17.6. Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions
1. The Parties acknowledge the cultural significance of genetic resources, traditional knowledge, and traditional cultural expressions, including with respect to the names and uses of plants, traditional foods, language, song, stories, songlines, dance and works of art.
2. The Parties recognise the value of protecting traditional knowledge and traditional cultural expressions, including through intellectual property rights.
3. The Parties recognise the contribution of genetic resources, traditional knowledge, and traditional cultural expressions to the participation of Indigenous Peoples in international trade and investment.
4. The Parties affirm the importance of working towards multilateral outcomes on intellectual property-related aspects of genetic resources, traditional knowledge, and traditional cultural expressions, including through the World Intellectual Property Organization.
5. The Parties may exchange information on activities related to genetic resources, traditional knowledge, and traditional cultural expressions and intellectual property rights.
6. This Article is to be applied in a manner consistent with the Parties’ relevant international obligations and their respective laws and regulations.
Article 17.7. Sustainable Agriculture and Food Systems
The Parties agree to cooperate to promote the inclusion of First Nations people, organisations and businesses in agri-food and agricultural trade and related activities.
Article 17.8. Digital Inclusion
The Parties recognise the importance of digital inclusion for First Nations people, organisations and businesses and agree to encourage their participation in electronic commerce and digital trade.
Article 17.9. Investment
With a view to ensuring that First Nations people, organisations and businesses benefit from investment activities, the Parties agree to encourage investors or enterprises operating within their respective territories to undertake and maintain early and meaningful engagement and dialogue with First Nations people, organisations and businesses, in accordance with international responsible business conduct standards, guidelines and principles that have been endorsed or supported by a Party, such as the UNDRIP.
Article 17.10. Environment
1. The Parties recognise the unique and important contribution of First Nations people, organisations and businesses to the protection of the environment, and the promotion of sustainable development and biological diversity.
2. The Parties agree to respect, preserve and maintain knowledge and practices of their First Nations people, organisations and businesses embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity, and the role of international trade in supporting these objectives.
3. The Parties agree to protect the traditional rights and interests in land and water of their First Nations people in accordance with each Party’s law.
Article 17.11. Contact Points
1. Each Party shall designate and notify a contact point on matters relating to First Nations.
2. A Party shall promptly notify the other Party of any change to its contact point.
3. The contact points shall facilitate communication, coordination and information exchange between the Parties:
(a) on any matter the Parties consider relevant to this Chapter;
(b) as required for monitoring the implementation of this Agreement as it relates to First Nations people, organisations and businesses; and
(c) as required for coordinating between the Joint Committee, any subcommittee, working group or other subsidiary body established under this Agreement, on any matter covered by this Chapter.
Article 17.12. Non-Application of Dispute Settlement
The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 18. ENVIRONMENT AND THE TRANSITION TO NET ZERO
Article 18.1. Definitions
For the purposes of this Chapter, “protection of the environment” includes:
(a) the prevention, abatement, or control of the release, discharge, or emission of pollutants or environmental contaminants, including greenhouse gases;
(b) the management of chemicals and waste or the dissemination of information related thereto;
(c) the conservation and protection of wild flora or fauna, including endangered species and their habitats, as well as protected areas; and
(d) the prevention of a danger to life or health from environmental impacts.
Article 18.2. Objectives
1. The objectives of this Chapter are to:
(a) promote mutually supportive trade and environmental protection policies;
(b) encourage high levels of protection of the environment, including through the maintenance, implementation and enforcement of environmental laws and regulations; and
(c) enhance cooperation between the Parties to address trade-related environmental issues.
2. Taking into account their respective domestic priorities and circumstances, the Parties recognise that enhanced cooperation towards the Parties’ respective transition efforts to reach net zero emissions by 2050, to protect and conserve the environment and sustainably manage their natural resources brings benefits that can contribute to sustainable development, strengthen their environmental governance, and complement the objectives of this Agreement.
Article 18.3. General Provisions
1. The Parties recognise the triple planetary crisis of climate change, pollution and biodiversity loss, and the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in pursuance of sustainable development.
2. The Parties recognise the importance of collaborating on the transition toward net zero emissions by 2050 in light of the significant complementarities between their economies and the potential for trade and investment between the Parties, together with other forms of joint activity including those set out in paragraph 5 of Article 18.5 (Climate Change), to contribute to both Parties’ achievement of net zero.
3. The Parties recognise the importance of the protection of the environment and of improving the levels of that protection.
4. The Parties recognise the importance of the effective enforcement of their environment laws.
5. The Parties recognise the importance of ensuring that environmental laws or other environmental measures are not used to restrict trade and investment between the Parties.
6. The Parties recognise that it is inappropriate to encourage trade or investment by weakening or reducing the protection afforded in their respective environmental laws.
Article 18.4. Multilateral Environmental Agreements
1. The Parties recognise that multilateral environmental agreements to which they are party play an important role, globally and domestically, in protecting the environment, and that their respective implementation of these agreements is critical to achieving the environmental objectives of these agreements. Accordingly, the Parties recognise the importance of implementing the multilateral environmental agreements to which the Parties are party.
2. The Parties emphasise that negotiating and implementing multilateral environment agreements and trade agreements is important to ensure the mutual supportiveness between trade and environmental law and policies. To this end, the Parties understand the importance of dialogue between the Parties on such agreements.
3. In accordance with Article 18.18 (Cooperation Frameworks) the Parties shall cooperate, as appropriate, to address trade-related matters of mutual interest related to the implementation of multilateral environment agreements to which the Parties are party.
Article 18.5. Climate Change
1. The Parties affirm their commitment to the United Nations Framework Convention on Climate Change done at New York on 9 May 1992 and the Paris Agreement done at Paris on 12 December 2015, to which the Parties are party, and recognise the importance of achieving their goals.
2. The Parties emphasise that efforts to address climate change require collective and urgent action, and acknowledge the role of global trade, technology and investment in these efforts.
3. The Parties recognise the important role that cooperation can play in addressing climate change and their respective transition to net zero emissions. In accordance with Article 18.18 (Cooperation Frameworks), the Parties shall cooperate, as appropriate, to address trade-related matters of mutual interest, which may include:
(a) emission reduction opportunities across all sectors and greenhouse gases;
(b) exchange on policies, laws, and measures that can contribute to a reduction in greenhouse gas emissions;
(c) development and acceleration of cost-effective, low carbon and zero emissions solutions;
(d) clean and renewable energy sources and supporting infrastructure and green enabling technologies;
(e) energy efficiency;
(f) sustainable transport and sustainable urban infrastructure development;
(g) addressing deforestation and forest degradation;
(h) emissions measurement, reporting, and verification;
(i) climate change adaptation and resilience;
(j) nature-based solutions to mitigate and adapt to the impacts of climate change; and
(k) capacity building for climate vulnerable countries.
Article 18.6. Environmental Goods and Services
1. The Parties recognise the importance of trade and investment in environmental goods and services as a means of improving environmental and economic performance, supporting inclusive economic growth, contributing to green growth, and addressing global environmental challenges.
2. Accordingly, the Parties shall endeavour to facilitate and promote, as appropriate, through their respective trade and investment promotion agencies, bilateral trade and investment in environmental goods and services, including those supporting the use of clean, renewable and efficient energy technology and solutions that contribute to achieve net zero emissions.
3. The Parties shall cooperate bilaterally and in international fora, as appropriate, on ways to enhance trade and investment in environmental goods and services.
Article 18.7. Circular Economy
1. The Parties recognise the importance of a transition towards a circular economy and the role that minimising waste generation and greater resource efficiency can play in reducing pressure on the natural environment, improving resource security, and reducing other associated negative environmental effects. The Parties further recognise the role that trade can play in achieving these goals through trade in second-hand goods, end-of-life products, secondary materials, processed waste, as well as trade in related services.
2. The Parties recognise the importance of minimising the generation of waste and encouraging resource efficient product design, including the designing of products to be easier to reuse, dismantle, or recycle at end of life, including through research and development. The Parties also recognise the importance of encouraging environmental labelling, including eco-labelling, to make it easier for consumers to make more sustainable choices.
3. The Parties emphasise the policy objectives that promote and facilitate the transition to a circular economy, including but not limited to, product stewardship, environmentally-sound management of waste and enhancing recycling capabilities with strengthened regulatory frameworks, and traceability rules for recycled content.
4. In accordance with Article 18.18 (Cooperation Frameworks), the Parties shall cooperate, as appropriate, to address trade-related matters of mutual interest related to the transition towards a circular economy. Areas of cooperation may include:
(a) barriers to trade in relation to the circular economy;
(b) environmental labelling, including eco-labelling;
(c) sustainable supply chain management, including enhanced reverse logistics;
(d) investment in, and financing of, circular economy projects;
(e) reuse, repair, remanufacture, and recycling;
(f) resource efficient product design that makes products more durable and easier to repair, recycle, and reuse;
(g) extended producer responsibility;
(h) technological innovation related to the circular economy including innovative approaches to recycling and litter reduction, processing waste, waste tracking mechanisms, data collection, sustainable packaging, and alternative materials;
(i) best practice in resource efficiency in key fields such as industrial symbiosis, sustainable use of chemicals, and new business models such as product service systems;
(j) approaches to reducing the amount of waste sent to landfill and accelerating the movement of waste further up the waste hierarchy; and
(k) best practice on sustainable management of hazardous wastes.
Article 18.8. Ozone Depleting Substances and Hydrofluorocarbons
1. The Parties recognise that emissions of certain substances can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment, and that the reduction of certain substances can address global environmental challenges, including climate change. Accordingly, the Parties affirm their commitment to the Montreal Protocol. (1)
2. The Parties also recognise the importance of public participation and consultation, in accordance with their respective laws or policies, in the development and implementation of measures concerning the protection of the ozone layer. The Parties aim to make publicly available appropriate information about their programmes and activities, including cooperative programmes, that are related to ozone depleting substances and hydrofluorocarbons.
3. In accordance with Article 18.18 (Cooperation Frameworks), the Parties shall cooperate, as appropriate, to address trade-related matters of mutual interest related to ozone-depleting substances and hydrofluorocarbons. Cooperation may include exchanging information and experiences in areas related to:
(a) environmentally friendly alternatives to ozone-depleting substances and hydrofluorocarbons, as well as emerging technologies for sustainable cooling refrigeration and other relevant industrial applications;
(b) refrigerant management practices, policies, and programmes, including lifecycle management of coolants refrigerants and other relevant industrial applications;
(c) methodologies for stratospheric ozone measurements;
(d) combating illegal trade in ozone-depleting substances and hydrofluorocarbons; and
(e) barriers to trade in, and uptake of, sustainable cooling and refrigeration and other relevant technologies.