Article 6.11. Cooperation
1. The Parties shall cooperate to facilitate the implementation of this Chapter.
2. The Parties shall explore opportunities for further cooperation, collaboration and information exchange between the Parties on sanitary and phytosanitary matters of mutual interest consistent with this Chapter. Those opportunities may include trade facilitation initiatives, technical assistance, sharing best practices and joint initiatives related to implementation of the SPS Agreement.
3. The Parties shall cooperate to promote the innovation and application of digital technologies, including by implementing paperless trading (electronic SPS certification) and remote audit and verification.
4. The Parties may promote cooperation on matters related to the implementation of the SPS Agreement, and in relevant international standard-setting bodies such as the Codex Alimentarius Commission, the International Plant Protection Convention, and the World Organisation for Animal Health, as appropriate.
Article 6.12. 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 7. SUSTAINABLE AGRICULTURE AND FOOD SYSTEMS
Article 7.1. Objectives
1. The objectives of this Chapter are to:
(a) affirm the Parties’ shared views regarding sustainable agriculture and food systems; (1)
(b) ensure measures relating to sustainable agriculture and food systems are science and evidence based and do not create unnecessary barriers to trade;
(c) promote outcomes-focussed policies and practices that contribute to the development of sustainable and resilient agriculture and food systems; and
(d) enhance cooperation on the continued transition towards sustainable agriculture and food systems.
Article 7.2. Scope
1. This Chapter shall apply to all policies and measures of a Party which relate to sustainable agriculture and food systems.
2. This Chapter shall not affect the right of each Party to set its own domestic policies and approaches relating to sustainable agriculture and food systems, or to adopt or modify its laws, regulations, or other measures in these areas.
Article 7.3. Principles of Sustainable Agriculture and Food Systems
1. The Parties recognise:
(a) that sustainable agriculture and food systems play an important role in meeting the growing demand for agricultural goods, ensuring food security, driving climate resilience, emissions reduction and other environmental outcomes, and improving the livelihoods of agricultural producers;
(b) that the diversity of agricultural production and methods, climatic conditions, environmental factors, and economic and social conditions between and within the Parties necessitates flexibility for each Party to tailor its sustainability approaches accordingly, reflecting the principle of no-one- size-fits-all;
(c) the role of fair, rules-based, transparent, non-distorted, and market-oriented international agricultural trade in strengthening sustainable and resilient agriculture and food systems in support of global food security and improved environmental outcomes;
(d) the importance of using science and evidence-based metrics, including evidence-based local or traditional knowledge, to determine which agricultural sustainability approaches to promote and whether an agricultural good is sustainably produced;
(e) the important contribution and leadership of Indigenous Peoples and local communities to sustainable agriculture through traditional knowledge, innovations, and sustainable agri-food practices, and shall endeavour to incorporate, where appropriate, their knowledge, cultural practices, and stewardship approaches, with a view to improving the sustainability and resilience of agriculture and food systems; and
(f) the importance of public and private sector investment in enhancing sustainable agriculture and food systems.
2. Consistent with their obligations under the WTO Agreement, the Parties shall ensure that measures introduced for environmental or sustainability purposes use science and evidence-based metrics, do not involve excessive compliance requirements or costs, do not constitute a means of arbitrary or unjustifiable discrimination between like domestic and imported goods or a disguised restriction on international trade, and are not more trade restrictive than necessary.
Article 7.4. Sustainability Goals
1. The Parties shall, according to their own national circumstances and consistent with their laws and regulations and Article 7.3 (Principles of Sustainable Agriculture and Food Systems), promote sustainable agriculture and food systems over the long-term to
(a) meet the growing global demand for agricultural goods and improve food security, including through increased availability and affordability of safe and nutritious foods;
(b) advance their respective environmental goals, including climate resilience and greenhouse gas emission reductions;
(c) recognise the importance and encourage the adoption of climate-smart agricultural practices;
(d) minimise the impact on, and where possible enhance, the environment and the natural resource base upon which food and agriculture depend;
(e) make efficient use of renewable and non-renewable resources and on-farm resources and inputs, and integrate natural biological cycles and controls where appropriate;
(f) improve soil health and fertility and water management suitable for sustainable agricultural production;
(g) implement resilient agricultural practices that generate sustainable production and productivity growth; and
(h) help sustain or improve opportunities for agricultural producers and others employed along agricultural supply chains to continue providing agricultural goods to meet human needs.
Article 7.5. Cooperation
1. The Parties recognise the importance of cooperation, transparency and information exchange on policies, and effective practices, to enhance sustainable agriculture and food systems.
2. In accordance with Articles 7.1 (Objectives), 7.3 (Principles of Sustainable Agriculture and Food Systems) and 7.4 (Sustainability Goals), the Parties shall, where mutually agreed, cooperate bilaterally on research or capacity building activities relating to sustainable agriculture and food systems.
3. The Parties may also work together in relevant international forums on areas of mutual interest relating to sustainable agriculture and food systems.
4. The Parties acknowledge the importance of the COP28 UAE Declaration on Sustainable Agriculture, Resilient Food Systems and Climate Action.
Article 7.6. Non-Application of Dispute Settlement
The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) or any matter arising under this Chapter.
Chapter 8. TECHNICAL BARRIERS TO TRADE
Article 8.1. Definitions
For the purposes of this Chapter, the definitions set out in Annex 1 to the TBT Agreement apply.
Article 8.2. Objectives
The objective of this Chapter is to facilitate trade, including by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practices.
Article 8.3. Scope
1. This Chapter shall apply to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures that may affect trade in goods between the Parties.
2. Each Party shall take such reasonable measures as may be available to it to ensure compliance with the provisions of this Chapter by local government bodies within its territory which are responsible for the preparation, adoption, and application of technical regulations, standards and conformity assessment procedures.
3. Notwithstanding paragraph 1, this Chapter shall not apply to:
(a) purchasing specifications prepared by a governmental body for its production or consumption requirements, which are covered by Chapter 15 (Government Procurement); or
(b) sanitary or phytosanitary measures, which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).
Article 8.4. Affirmation of TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement.
Article 8.5. International Standards
1. The Parties recognise the important role that international standards, guides, and recommendations can play in supporting greater regulatory alignment and good regulatory practice and reducing unnecessary barriers to trade.
2. Each Party shall use relevant international standards, guides, and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and conformity assessment procedures.
3. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall base its determination on the principles set out in the “Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement”, adopted on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (Annex 2 to PART 1 of G/TBT/1/Rev. 15), and any subsequent version thereof.
4. The Parties shall encourage cooperation between their respective national standardising organisations in areas of mutual interest in the context of their participation in international standardising bodies to ensure that international standards, guides and recommendations developed within such organisations are trade-facilitating and do not create unnecessary obstacles to international trade.
Article 8.6. Technical Regulations
1. Each Party shall, upon request of the other Party, provide its reasons for not having used international standards as a basis for preparing its technical regulations.
2. Each Party shall give positive consideration to accepting technical regulations of the other Party as equivalent to its own, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
3. If a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, on request of the other Party, explain the reasons for its decision.
Article 8.7. Conformity Assessment Procedures
1. The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance in a Party’s territory of the results of conformity assessment procedures conducted in the other Party’s territory. Such mechanisms may include, but are not limited to:
(a) the use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements, to recognise the accreditation granted by the other Party;
(b) mutual recognition agreements for the results of conformity assessment procedures conducted by bodies in the other Party;
(c) voluntary arrangements between conformity assessment bodies in the territory of each Party;
(d) accepting a supplier’s declaration of conformity, where appropriate; and
(e) accepting the results of conformity assessment procedures conducted in the other Party’s territory.
2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. If a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
3. In order to enhance confidence in the consistent reliability of conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.
4. Each Party shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures.
5. If a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party’s territory, it shall, on request of the other Party, explain the reasons for its decision.
6. The Parties shall endeavour to intensify their exchange of information on the range of mechanisms relevant to conformity assessment procedures in their respective territories with a view to facilitating the acceptance of conformity assessment results.
Article 8.8. Cooperation
1. The Parties shall encourage their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective systems;
(b) enhancing cooperation between the Parties’ regulatory agencies on matters of mutual interest, including health, safety and environmental protection;
(c) facilitating bilateral trade by promoting good regulatory practices; and
(d) enhancing cooperation, as appropriate, on the use of international standards, guides and recommendations as a basis for technical regulations and conformity assessment procedures, as provided for in Article 5.2 of the TBT Agreement.
2. To achieve the objectives set out in paragraph 1, the Parties shall, as mutually agreed and to the extent possible, cooperate on regulatory issues, which may include the:
(a) promotion of good regulatory practices based on risk management principles, including with respect to labelling requirements;
(b) exchange of information to improve the quality and effectiveness of their technical regulations;
(c) development of joint initiatives for managing risks to health, safety, or the environment and preventing deceptive practices; and
(d) exchange of market surveillance information where appropriate.
3. The Parties shall encourage communications and coordination with each other, where appropriate, in discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade.
4. The Parties shall endeavour to exchange information on standardisation, conformity assessment and accreditation as they relate to halal certification, including procedures and guidelines, with a view to facilitating trade between the Parties.
Article 8.9. Transparency
1. Each Party shall, upon request of the other Party, provide general information, in English and, if requested, in writing, including the objective of, and rationale for,
a technical regulation or conformity assessment procedure that the Party has adopted or amended or proposes to adopt or amend and which may affect the trade between the Parties, within a reasonable period as agreed between the Parties.
2. When a notification is made to the WTO in accordance with the relevant requirements of the TBT Agreement, a Party shall give appropriate consideration to the comments received from the other Party and, upon request of the other Party, provide written responses to the comments made by the other Party.
3. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are publicly available in accordance with the TBT Agreement.
Article 8.10. Contact Points
1. Each Party shall designate and notify a contact point to facilitate communications between the Parties on any matter covered by this Chapter.
2. Each Party shall promptly notify the other Party of any change of its contact point.
Article 8.11. Information Exchange and Technical Discussions
1. Any information or explanation that a Party provides upon request of the other Party under this Chapter shall be provided in print or electronically within a reasonable period. Each Party shall endeavour to provide this information or explanation within 60 days.
2. A Party may make a written request for technical discussions with the other Party with the aim of resolving any issue relating to trade or any other matter that arises under this Chapter. The other Party shall respond as early as possible to such a request.
3. The Parties shall enter into technical discussions within 60 days, unless otherwise mutually determined, with a view to reaching a mutually acceptable solution. Technical discussions may be conducted by any means agreed by the Parties.
Chapter 9. TRADE IN SERVICES
Article 9.1. Definitions
For the purposes of this Chapter:
(a) aircraft repair and maintenance services mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
(b) airport operation services mean the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services;
(c) commercial presence means any type of business or professional establishment, including through:
(i) the constitution, acquisition or maintenance of a juridical person; or
(ii) the creation or maintenance of a branch or representative office, within the territory of a Party for the purpose of supplying a service;
(d) computer reservation system services mean services provided by computerised systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
(e) ground handling services mean the supply at an airport, on a fee or contract basis, of the following services: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering (except the preparation of the food); air cargo and mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning. Ground handling services do not include self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure such as de-icing facilities, fuel distribution systems, baggage handling systems, and fixed intra-airport transport systems;
(f) juridical person means any entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
(g) juridical person of a Party means a juridical person which is either:
(i) constituted or otherwise organised under the law of that Party, and is engaged in substantive business operations in the territory of that Party or the other Party; or
(ii) in the case of the supply of a service through commercial presence, owned or controlled by:
(A) natural persons of that Party; or
(B) juridical persons of that other Party identified under subparagraph (i);
(h) a juridical person is:
(i) "owned" by persons of a Party if more than 50 percent of the equity interest in it is beneficially owned by persons of that Party;
(ii) "controlled" by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; or
(iii) "affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person;
(i) measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
(j) measure by a Party means measures adopted or maintained by:
(i) central, regional or local governments and authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
(k) measures by a Party affecting trade in services include measures in respect of
(i) the purchase, payment or use of a service;
(ii) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and
(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;
(l) monopoly supplier of a service means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;
(m) natural person means
(i) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act 2007, as amended from time to time, or any successor legislation or a permanent resident of Australia;
(ii) for the UAE, a national or a permanent resident (1) of the UAE.
(n) person means either a natural person or a juridical person;
(o) relevant professional service bodies mean accreditation, regulatory, professional or other bodies with legal authority to license, approve, admit, register or otherwise authorise individuals as meeting the required professional competency and consumer protection standards to practice a given profession in their territory.
(p) sector of a service means:
(i) with reference to a commitment, one or more, or all, subsectors of that service, as specified in a Party’s Schedule in Annex 9D (Schedules of Specific Commitments) or Annex 9E (Schedules of Non-Conforming Measures and Reservations); and
(ii) otherwise, the whole of that service sector, including all of its subsectors.
(q) selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions.
(r) services include any service in any sector except services supplied in the exercise of governmental authority;
(s) service consumer means any person that receives or uses a service;
(t) service of the other Party means a service which is supplied:
(i) from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of the other Party which supplies the service through the operation of a vessel or its use in whole or in part; or
(ii) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of the other Party;
(u) service supplier means any person of a Party that seeks to supply or supplies a service; (2)
(v) service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;
(w) specialty air service means any specialised commercial operation using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services;