Recognising that the Parties are taking action to address marine litter in other fora, in accordance with Article 21.15 (Cooperation), the Parties shall cooperate, as appropriate, to address matters of mutual interest with respect to combatting marine litter, subject to national circumstances, which may include:
addressing land and sea-based pollution;
promoting waste management infrastructure; and
advancing efforts related to abandoned, lost or otherwise discarded fishing gear.
Marine Wild Capture Fisheries9
The Parties acknowledge the importance of the marine fisheries sector to their development and to the livelihoods of their fishing communities, including artisanal or small-scale fisheries. The Parties also acknowledge that the fate of marine capture fisheries is an urgent resource problem in many parts of the world. Accordingly, the Parties recognise the importance of taking measures aimed at the conservation and sustainable management of fisheries and marine ecosystems.
In this regard, the Parties acknowledge that inadequate fisheries management and illegal, unreported and unregulated (“IUU”) fishing10 can have significant negative impacts on the environment.
The Parties also recognise the importance of promoting good fisheries governance, and the conservation and sustainable use of marine living resources in the pursuit of the objectives of the UNCLOS11, the United Nations Fish Stocks Agreement, done at New York on 4 December 199512 and Regional Fisheries Management Organisations and Arrangements.
Each Party affirms its commitment to implement the relevant international agreements to which it is a party.13
9 For greater certainty, this Article shall not apply with respect to aquaculture or inland fishing.
10 The term “illegal, unreported and unregulated fishing” is to be understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing of the UN Food and Agricultural Organisation (“FAO”), adopted at Rome in 2001.
11 Including any existing and future amendments to which the Parties are party.
12 Including any existing and future amendments to which the Parties are party.
13 For greater certainty, the international agreements are: UNCLOS; the United Nations 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
The Parties recognise the importance of promoting the long-term conservation of sharks, marine turtles, seabirds, and marine mammals through the implementation of conservation and management measures.
The Parties recall the provisions of the World Trade Organization Ministerial Decision of 17 June 202214 adopting the Protocol amending the Marrakesh Agreement Establishing the World Trade Organization of 15 April 1994 to introduce the Agreement on Fisheries Subsidies and the Agreement on Fisheries Subsidies thereby adopted and submitted to members for acceptance.
The Parties recognise the importance of concerted international action to address issues of IUU fishing as reflected in regional and international instruments.15
In accordance with Article 21.15 (Cooperation), the Parties shall cooperate, as appropriate, bilaterally and in international fora, to address matters of mutual interest related to marine wild capture fisheries, subject to national circumstances.
The Parties recognise the importance of forests for providing:
livelihoods and job opportunities, including for local communities, and forest dwelling and forest dependent communities16;
environmental, economic and social benefits for present and future generations; and
numerous ecosystem services, including carbon storage, maintaining water quantity and quality, stabilising soils, and providing habitat for wild fauna and flora.
The Parties further recognise the need to protect, restore, and sustainably manage forests.
Accordingly, each Party shall endeavour to:
Migratory Fish Stocks, done at New York on 4 August 1995; the Agreement for the Establishment of the Indian Ocean Tuna Commission, done at Rome on 25 November 1993; the Convention on the Conservation of Migratory Species of Wild Animals, done at Bonn on 23 June 1979; the International Convention for the Regulation of Whaling, done at Washington on 2 December 1946, and any existing and future amendments to these international agreements to which the Parties are party.
14 Ministerial Decisions on 17 June 2022 on “Agreement on Fisheries Subsidies”, WT/MIN(22)/33 and WT/L/1144.
15 For greater certainty, this does not include international agreements to which a Party is not party.
16 For greater certainty, forest dwelling and forest dependent communities refers to communities within India.
support the conservation and sustainable management of forests;
combat illegal logging, and associated trade; and
reduce deforestation and forest degradation.
In accordance with Article 21.15 (Cooperation), the Parties shall cooperate, as appropriate, on matters of mutual interest with respect to the conservation and sustainable management of forests, subject to national circumstances, which may include:
combatting illegal logging, and associated trade;
promoting the conservation and sustainable management of forests;
reducing deforestation and forest degradation; and
sustainable supply chains and production.
The Parties recognise the role that terrestrial and marine biological diversity plays in achieving sustainable development, including through the provision of ecosystem services and genetic resources, and the importance of conservation and sustainable use of biological diversity.
The Parties recognise that threats to terrestrial and marine biological diversity include, poaching and illegal trade, in wild flora and fauna, habitat degradation and destruction, and pollution.
The Parties recognise that the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways can adversely affect the environment, economic activities and development, and plant, animal, and human health. The Parties also recognise that the prevention, control, and, when possible, eradication, of invasive alien species are critical strategies for managing those adverse impacts.
Each Party affirms its commitment to implement the Convention on Biological Diversity done at Rio de Janeiro on 5 June 199217 (“CBD”) and its protocols, and the Convention on Trade in Endangered Species of Wild Fauna and Flora done at Washington D.C. on 3 March 1973.18
The Parties, recognising that patents and other intellectual property rights may have an influence on the implementation of the CBD, shall cooperate in this
17 Including any existing and future amendments to which the Parties are party.
18 Including any existing and future amendments to which the Parties are party.
regard, subject to national legislation and international law, in order to ensure that those rights are supportive of and do not run counter to its objectives.
The Parties recognise the importance of prior informed consent or approval to access genetic resources and traditional knowledge associated with genetic resources, in accordance with their respective laws and regulations, and the fair and equitable sharing, between users and providers, of benefits arising from the utilisation of genetic resources and traditional knowledge associated with genetic resources, as well as subsequent application and commercialisation. Accordingly, the Parties affirm their commitment to implement the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity done at Nagoya on 29 October 2010.19
The Parties further recognise the particular losses caused to conservation from the illegal trade in ivory, and the importance of appropriate regulation of domestic markets worldwide for ivory as a means of supporting international conservation efforts. Accordingly, each Party shall endeavour to combat the illegal trade in ivory.
In accordance with Article 21.15 (Cooperation), the Parties shall cooperate, as appropriate, on matters of mutual interest with respect to the conservation of biological diversity, subject to national circumstances, which may include:
protection of terrestrial and marine ecosystems and ecosystem services, including marine ecosystems and species in areas beyond national jurisdiction from trade-related impacts;
combatting poaching and illegal trade in or unsustainable use of wild flora and fauna, including through consultation with interested entities;
supporting efforts, to close domestic ivory markets;
sharing information and management experiences, including on industry-led schemes, on the movement, prevention, detection, control, and effective management of invasive alien species, with a view to enhancing efforts to assess and address the risks and adverse impacts of invasive alien species;
access to genetic resources and the fair and equitable sharing of benefits from their utilisation consistent with the objectives of the CBD; and
identifying opportunities, consistent with their respective law and in accordance with applicable international agreements, to enhance law enforcement cooperation and information sharing.
19 Including any existing and future amendments to which the Parties are party.
Resource Efficient and Circular Economy
The Parties recognise that the transition towards a resource efficient and circular economy can reduce adverse environmental impacts of products and production processes and improve resource security. The Parties further recognise the role that trade can play in achieving this transition and that cooperation can be beneficial in achieving this objective, taking into account national circumstances.
The Parties also recognise that policy objectives to facilitate the transition to a resource efficient and circular economy include: extending product life cycles, sustainable product design, increasing re-use and recycling, and reducing waste.
Accordingly, each Party shall endeavour to avoid the generation of waste, including electronic waste, and reduce the amount of waste sent to landfill.
In accordance with Article 21.15 (Cooperation), the Parties shall cooperate, as appropriate, to address matters of mutual interest related to a transition towards a resource-efficient and circular economy, subject to national circumstances, which may include:
policies and practices to encourage the shift to a resource efficient and circular economy;
promoting and facilitating trade that contributes to a resource efficient and circular economy;
resource efficient product design and related product information; and
addressing marine plastic litter.
The Parties recognise the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits and to strengthen the Parties’ joint and individual capacities to protect the environment, and to promote sustainable development and clean growth as they strengthen their trade and investment relations.
Accordingly, the Parties shall cooperate as provided in this Chapter. Such cooperation may take place bilaterally and in such international fora, as the Parties consider appropriate.
Each Party shall, as appropriate:
share its priorities for cooperation with the other Party, including the objectives of that cooperation;
propose cooperation activities related to the implementation of this Chapter; and
develop and participate in cooperation activities and programmes in accordance with the priorities identified and agreed by the Parties.
Cooperation may be undertaken through various means including: dialogues, workshops, seminars, conferences, collaborative programmes and projects; technical assistance to promote and facilitate cooperation and training; joint analysis; the sharing of information, data and best practices on policies and procedures; and exchange of experts.
All cooperative activities under this Chapter are subject to the availability of funds and of human and other resources and to the applicable laws and regulations of the Parties. The Parties shall decide, on a case-by-case basis, the funding of cooperative activities.
Each Party shall designate a contact point within 90 days of the date of entry into force of this Agreement in order to facilitate communication between the Parties. Each Party shall notify the other Party promptly in the event of any change to its contact point.
Opportunities for Public Participation
The Parties recognise the importance of public access to environmental information and public participation and consultation in environmental decision making in accordance with the domestic procedures of the respective Parties.
Accordingly, the Parties shall endeavour to make environmental information, including data, publicly available, as appropriate.
Each Party shall endeavour to promote public participation with respect to the cooperative activities under this Chapter, as appropriate.
Each Party shall endeavour to consider and respond, as appropriate, to submissions made by persons of that Party on matters related to this Chapter, in accordance with its domestic laws and procedures.
Environment Consultations
The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter, and shall make every effort through cooperation,
dialogue, consultations, and exchange of information to address any matter arising under this Chapter.
Subject to paragraph 3, a Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the responding Party’s contact point. The requesting Party shall set out the reasons for the request.
Where the matter arising under this Chapter regards compliance with obligations under a multilateral environmental agreement to which the Parties are party, the requesting Party shall, where appropriate, address the matter through the consultative or other procedures under that multilateral environmental agreement.
The responding Party shall, unless the Parties agree otherwise, respond to the request in writing no later than 90 days after the date of receipt of the request. The period for responding to the request may be extended by 30 days upon the request of the responding Party.
Unless the Parties agree otherwise, they shall enter into consultations promptly and no later than 150 days after the date of receipt by the responding Party of the request.
The Parties shall make every effort to arrive at a mutually agreed solution to the matter, which may include appropriate cooperative activities. The Parties may seek advice or assistance from any person or body they deem appropriate in order to examine the matter.
Without prejudice to Article 21.20 (Ministerial Consultations), consultations pursuant to this Article, Article 21.19 (Joint Committee Consultations) and Article 21.20 (Ministerial Consultations), and in particular, the outcomes of the consultations and positions taken by the Parties during consultations, shall be confidential and without prejudice to the rights of either Party in any other proceedings.
Joint Committee Consultations
If the Parties fail to resolve the matter under Article 21.18 (Environment Consultations), either Party may request that the Joint Committee convene to consider the matter by delivering a written request to the contact point of the other Party.
The Joint Committee shall promptly convene following the delivery of the request, and shall seek to resolve the matter including, if appropriate, by gathering relevant scientific and technical information from governmental agencies or sources, or other mutually agreed agencies or sources.
Ministerial Consultations
If the Parties fail to resolve the matter under Article 21.19 (Joint Committee Consultations), either Party may refer the matter to the relevant Ministers of the Parties by delivering a written request to the contact point of the other Party. The relevant Ministers shall seek to resolve the matter. The outcome of these consultations shall be made public unless the Parties agree otherwise. Where the outcome of consultations is published, this shall be through a jointly agreed report.
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 29 (Dispute Settlement) for any matter arising under this Chapter.
Chapter CHAPTER 22
TRADE AND DEVELOPMENT COOPERATION
Article Article 22.1 General Provisions
The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity. Inclusive economic growth includes a more broad-based distribution of the benefits of economic growth through the expansion of business and industry, the creation of jobs, and the alleviation of poverty.
The Parties affirm trade as a vehicle for achieving the Sustainable Development Goals for all countries.
The Parties acknowledge that effective coordination of trade, investment and development policies can contribute to sustainable economic growth for all countries.
The Parties affirm their commitment to promote and strengthen an open, fair and equitable trade and investment environment that seeks to improve livelihoods, reduce poverty, and facilitate economic development across all countries.
The Parties affirm the importance of creating a conducive environment for active participation of developing countries in the global economy and recognise the vital contribution of the World Trade Organization to trade and development.
The Parties recognise that building a stronger and wider relationship across a range of interests in trade and development cooperation, based on shared values, individual strengths and strategic interests, and mutual support for South-South cooperation, can be a significant contributor to regional and global economic development and prosperity. In pursuing these interests, the Parties recognise their differing experiences, capacities, and available resources.
Joint Development Cooperation Activities
The Parties recognise the value in undertaking joint development cooperation activities relating to trade and investment that support inclusive and sustainable economic growth in developing countries. These activities may include:
an exchange of information between the Parties, relating to experiences, cooperation, best practice, technical assistance, or capacity building;
mutually agreed cooperation, technical assistance, or capacity building including through existing mechanisms or projects on issues such as customs procedures, trade facilitation, technical barriers to trade, trade in services, digital trade, innovation, or trade and gender equality;
mutually agreed cooperation in international fora;
inviting, as appropriate, the assistance of relevant international institutions, private sector entities, non-governmental organisations, or other institutions; or
an exchange of views on economic and development policies to be adopted in times of global economic crisis.
Each Party may monitor and assess the role this Agreement plays in relation to development, subject to its laws, regulations, policies, and practices and shall endeavour to share any outcomes with each other. The outcomes may be used to inform discussions about development cooperation activities under this Chapter which could also enhance trade between the Parties. Any activities undertaken pursuant to the outcomes of monitoring under this Chapter shall not affect the commitments and obligations contained elsewhere in this Agreement.
The nature and implementation of specific activities pursuant to this Article shall be mutually agreed between the Parties, and is subject to the availability of resources.
The Sustainability Subcommittee shall consider any matter under this Chapter related to cooperation and support any activities pursuant to Article 22.2 (Joint Development Cooperation Activities).
Each Party shall designate a contact point from its relevant authorities within 90 days of entry into force of this Agreement, in order to facilitate communication between the Parties on any matter relating to this Chapter. Each Party shall notify the other Party of the contact details of its contact point and shall promptly notify any change to its contact point or those contact details.
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 29 (Dispute Settlement) for any matter arising under this Chapter.
Chapter CHAPTER 23
TRADE AND GENDER EQUALITY
Article Article 23.1 Objectives
The purpose of this Chapter is to enhance opportunities for women within the territories of the Parties, including workers, business owners and entrepreneurs, to participate equitably in global, regional, and domestic economies. Accordingly, the Parties agree to advance women’s economic empowerment and gender equality across this Agreement and incorporate a gender perspective in the Parties’ trade and investment relationship.
The Parties acknowledge that in addition to this Chapter, there are provisions in other Chapters of this Agreement that seek to promote women’s access to the benefits of this Agreement or otherwise advance gender equality. These include:
Chapter Chapter 7 (Technical Barriers to Trade);
Chapter Chapter 9 (Financial Services);
Chapter Chapter 12 (Digital Trade);
Chapter Chapter 14 (Innovation);
Chapter Chapter 15 (Government Procurement);
Chapter Chapter 19 (Small and Medium-Sized Enterprises);
Chapter Chapter 20 (Labour); and
Chapter Chapter 22 (Trade and Development Cooperation).
The Parties recognise the important contribution of women in driving sustained, inclusive, and sustainable economic growth, in line with the Declaration, Transforming our world: the 2030 Agenda for Sustainable Development adopted by the UN General Assembly Resolution A/RES/70/1 done at New York on 25 September 2015, in particular Sustainable Development Goal 5.
Similarly, the Parties appreciate that inclusive trade policies and the elimination of all forms of discrimination against women are important for advancing gender equality in trade. The Parties also recognise that there are commitments in the Convention on the Elimination of All Forms of Discrimination against
Women done at New York on 18 December 1979, that are important for promoting women’s economic empowerment and access to trade.
The Parties affirm their commitments under other international agreements or instruments that address women’s economic empowerment and gender equality in trade to which they are party.
The Parties shall endeavour to implement and enforce their respective laws, policies, practices, and regulations that promote gender equality and improve women’s access to trade and economic opportunities.
In pursuing the activities under this Chapter, the Parties recognise their differing capacities, available resources, and national laws, regulations and policies and shall consider each Party’s priorities and complementarity with initiatives in existence, with the aim of achieving mutual benefits and measurable advances in women’s economic empowerment and gender equality outcomes.
The Parties recognise that the unequal distribution of unpaid care and domestic work prevents women from participating equitably in global, regional and domestic economies, and acknowledge the importance of promoting shared responsibility within the household. The Parties further recognise the experiences of diverse groups of women participating in trade.
The Parties acknowledge the need to develop interventions based, in particular, on evidence they have respectively gathered to address the systemic barriers which exist for women in international trade. Accordingly, the Parties appreciate the benefit of sharing their different experiences in designing, implementing and strengthening policies, programmes and other initiatives, to promote women’s full access to the benefits and opportunities of this Agreement.
The Parties shall undertake cooperation activities that promote the full access of women workers, business owners, and entrepreneurs to the benefits and opportunities created by this Agreement.
The Parties recognise the importance of carrying out the cooperation activities in this Article with the inclusive participation of women.
Areas of cooperation activity may include:
sharing information, experiences and evidence which each Party has gathered relating to advancing gender equality in trade and applying a gender perspective to trade;
improving the access of women to markets and emerging sectors, including developing trade missions for women business owners and entrepreneurs;
promoting equal opportunities for women in the workplace, including workplace flexibility;
sharing experiences of the development of women’s leadership and business networks;
promoting financial inclusion and literacy as well as access to financing and financial assistance, including trade financing;
enhancing the competitiveness of women-owned enterprises and women-led SMEs to better enable them to participate and compete in local, regional, and global value chains through access to skills and capacity building programmes, information and technology;
improving women’s participation, leadership, and education in fields in which they are under-represented such as science, technology, engineering, and mathematics, as well as innovation and digital trade, insofar as they are related to trade;