2. Accordingly, the Parties agree to:
(a) support national, regional and international action to address IUU fishing in accordance with national and international instruments (4), and by using relevant bilateral and international frameworks; and
(b) cooperate on trade-related aspects of fishery and aquaculture policies and measures bilaterally, regionally, and in international fora as appropriate, including in the WTO, FAO, United Nations General Assembly, Regional Fisheries Management Organisations, and other multilateral organisations in this field, which are important to promoting sustainable fishing practices and trade in fish products from sustainably managed fisheries.
Article 14.11. Sustainable Forestry
1. The Parties recognise the importance of the conservation and sustainable management of forests, and the sustainable production of forest products in providing environmental and ecosystem services, economic and social benefits, and opportunities for future generations including by addressing climate change and reducing biodiversity loss, and the role of trade in pursuing this objective.
2. Accordingly, the Parties agree to:
(a) promote the conservation and sustainable management of forests;
(b) contribute to combatting illegal logging, illegal deforestation, and associated trade, including with respect to communities dependent on forests; and
(c) promote trade in legally, and sustainably produced, commodities which could otherwise be associated with deforestation.
Article 14.12. Resource Efficient and Circular Economy
1. The Parties recognise the transition towards a circular economy and greater resource efficiency can reduce the adverse impacts on the environment, improve resource security, and contribute to their respective efforts to achieve their international commitments, including Sustainable Development Goal 12 of the 2030 Agenda. The Parties further recognise the role that trade can play in achieving this transition through trade in second-hand goods, end-of-life products, secondary materials or waste, as well as trade in related services.
2. The Parties also recognise that policy objectives to facilitate the transition to a resource efficient and circular economy include: extending product lifetimes; increasing the proportion of materials and products that are reused and recycled; and reducing waste throughout supply chains.
3. The Parties further recognise the importance of applying circular economy principles in sectors such as sustainable manufacturing, green infrastructure, sustainable transportation and sustainable food production and consumption. Accordingly, the Parties agree to:
(a) encourage, including through research and development, resource efficient product design, including the designing of products to be easier to reuse, dismantle, or recycle at end of life;
(b) encourage environmental labelling, including eco-labelling, to make it easier for consumers to make more sustainable choices;
(c) with a view to limit the generation of waste, encourage reuse, repair, and remanufacture as well as the recovery of resources where residual waste does occur, and strive to reduce the amount of waste sent to landfill; and
(d) encourage relevant public entities to consider the policy objectives in paragraph 2 in their purchasing decisions in accordance with improved environmental, social and labour considerations.
4. The Parties agree to cooperate on ways to encourage a transition towards a resource efficient and circular economy, which may include:
(a) developing policies and practices to encourage the transition to a resource efficient and circular economy;
(b) promoting and facilitating trade that contributes to a resource efficient and circular economy, including trade in secondary materials and used goods, and goods for repair, reuse, and remanufacture; and
(c) sharing best practices on resource efficient product design and related product information and quality standards for secondary materials and goods.
Article 14.13. Environmental Goods and Services
1. The Parties recognise the importance of trade and investment in, and strengthening the market for, environmental goods and services as a means of improving environmental and economic performance and addressing global environmental challenges, including climate change. The Parties further recognise that facilitating trade and investment in environmental goods and services, including clean technology, is a means of improving environmental and economic performance, contributing to clean growth and jobs, and encouraging sustainable development while addressing global environmental challenges including climate change.
2. The Parties recognise the importance of promoting trade and investment in environmental goods and services. Accordingly, the Parties agree to:
(a) facilitate and promote trade and investment in environmental goods and services;
(b) promote trade and investment in goods and services that are related to the protection of the environment or that contribute to enhancing social conditions; and
(c) support transparent, factual and non-misleading sustainability schemes or other voluntary initiatives to contribute meaningfully to sustainable development.
Article 14.14. Eco-labelling
1. The Parties recognise that flexible and voluntary mechanisms, such as eco- labels, which protect the environment, encourage innovation and build consumer awareness, are important for trade and investment.
2. The Parties further recognise the potential for eco-labels, and other environmental standards on goods and services, to be used as barriers to trade and shall endeavour to address related non-tariff barriers while encouraging the uptake of transparent, factual and non-misleading sustainability schemes, such as fair and ethical trade schemes and ecolabels.
Article 14.15. Conservation of Biological Diversity
1. The Parties recognise the importance of conserving, and sustainably using, biological diversity and the role of trade in pursuing these objectives, consistent with relevant MEAs to which they are a party, including the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992 (hereinafter referred to as the "Convention on Biological Diversity") and its Protocols, the Convention on the Conservation of Migratory Species of Wild Animals, done at Bonn on 23 June 1979, The Ramsar Convention on Wetlands, done at Ramsar on 2 February 1971, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington, D.C. on 3 March 1973, and the decisions adopted thereunder. Accordingly, the Parties agree to:
(a) fulfil their commitments to the Convention on Biological Diversity by implementing the Kunming-Montreal Global Biodiversity Framework, done at Montreal on 19 December 2022, through their national biodiversity strategies;
(b) take appropriate action to conserve biological diversity when it is subject to pressures linked to trade and investment, in particular to prevent the spread of invasive alien species; and
(c) take appropriate measures to protect and conserve wild fauna and flora, including critical and endangered habitats, that they have identified to be at tisk within their respective territories, and measures to conserve the ecological integrity of specifically protected natural areas and critical ecosystems such as wetlands.
2. The Parties also recognise the importance of respecting, protecting, preserving and maintaining knowledge, innovations and practices of Indigenous Peoples embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity, and the role of international trade in supporting this.
Article 14.16. Cooperation
The Parties recognise the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits, and to strengthen the Partiesâ joint and individual capacities to promote Trade and Sustainable Development, including as they strengthen their trade and investment relations.
Article 14.17. Contact Points
1. Each Party shall, within 90 days of entry into force of this Agreement, designate an office or official within its trade ministry, or equivalent entity, as a contact point to address matters related to this Chapter. Each Party shall notify the other Party promptly in the event of any change to its contact point.
2. The contact points shall facilitate regular communication and coordination between the Parties, and cooperate, including with other appropriate agencies of their governments, to develop and implement cooperative activities.
Article 14.18. Consultations
1. The Parties recognise the importance of cooperation and consultation, based on the principle of mutual respect, and shall endeavour to resolve any matter arising under this Chapter.
2. At any time, after making a request for information about a matter arising under this Chapter, the requesting Party may express its concern in writing to the responding Party and request consultations on the matter. Consultations between the Parties to discuss the concerns raised shall be held within 60 days after the date of delivery of the request.
3. The Parties shall endeavour to achieve a satisfactory resolution of the matter through consultations initiated in accordance with paragraph 2. The Parties may request advice from an independent expert or experts chosen by them to assist. The Parties shall document any outcome.
Article 14.19. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 15. INDIGENOUS PEOPLES ECONOMIC AND TRADE COOPERATION
Article 15.1. Definitions
For the purposes of this Chapter:
"well-being" from a Te Ao Maori perspective refers to the holistic balancing and inter- connection of numerous factors required for individuals and groups to be truly well and thrive, including taha tinana (physical), taha hinengaro (mental), taha wairua (spiritual), whenua (land), taiao (environment), moana (sea or waterways), whakapapa (genealogy) and kaitiakitanga (stewardship). It can also include environmental, economic, and cultural aspects;
"Mānuka" (and its spelling variations including "Manuka" and "Maanuka") is a Maori word and taonga used exclusively for the tree Leptospermum scoparium grown in Aotearoa New Zealand and products including honey and oil deriving from that tree;
"taonga" refers to a highly valuable or prized object, element, natural resource or possession, and can be tangible or intangible; and
"cultural expressions" are those expressions that result from the creativity of individuals, groups and societies, and that have cultural content.
Article 15.2. Objective and Principles
1. The objective of this Chapter is for the Parties to cooperate to enable and advance Maori and Indigenous Peoples (hereinafter referred to as "Indigenous Peoples") to fully benefit from the trade and investment opportunities created by this Agreement.
2. In implementing this Chapter, the Parties recognise:
(a) that Maori, Indigenous and Emirati Peoples have been engaged in trade since time immemorial, and that trade is fundamental to maintaining and promoting their histories, identity, relationships, values, culture, customs, traditional knowledge, and well-being;
(b) the value and importance for Indigenous Peoples to maintain and develop their economic systems, institutions, priorities and strategies, to engage freely in all their traditional and other economic activities, to be actively involved in determining and developing their economic programmes, and to promote their development in accordance with their aspirations and needs;
(c) the important contribution that Indigenous traditional knowledge can make to innovation, sustainable development, and the ecologically sound management of the environment;
(d) the value and importance of Indigenous Peoples' genetic resources, traditional knowledge (including traditional knowledge associated with genetic resources), and traditional cultural expressions in their participation in international trade and investment, including the names and uses of plants, traditional foods, languages, and sciences including health sciences;
(e) the value and importance of Indigenous Peoples' cultural expressions, including visual and performing art, handicrafts, designs, music, literature, film, architecture, textile and fashion design, songs, stories, carvings and works of art;
(f) the ancestral connections that Indigenous Peoples have with their traditionally owned or occupied lands, their dependency on biological diversity, and the contribution this can make to achieving their economic, social and cultural development and well-being; and
(g) the value of enhancing people and business connections to support the trade and investment opportunities created by this Agreement for both Parties.
3. The Parties agree to implement this Chapter consistent with their respective constitutional frameworks, which for New Zealand includes Te Tiriti o Waitangi/The Treaty of Waitangi. The Parties recognise the importance of relevant multilateral instruments to which both Parties are party, including:
(a) The United Nations Declaration on the Rights of Indigenous Peoples, adopted in New York on 13 September 2007;
(b) United Nations Agenda "Transforming our world: the 2030 Agenda for Sustainable Development", adopted on 25 September 2015 by United Nations General Assembly Resolution A/RES/70/1 and its Sustainable Development Goals;
(c) The UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions, adopted in Paris on 20 October 2005; and
(d) The Convention on Biological Diversity, adopted in Rio de Janeiro on 5 June 1992 and its Protocols.
Article 15.3. Provisions Across the Agreement
In addition to this Chapter, there are provisions in other Chapters of this Agreement that aim to enhance Maori participation in trade and investment opportunities under this Agreement. These include:
(a) Chapter 2 (Trade in Goods);
(b) Chapter 8 (Investment Facilitation);
(c) Chapter 10 (Digital Trade);
(d) Chapter 13 (Intellectual Property);
(e) Chapter 14 (Trade and Sustainable Development);
(f) Chapter 16 (Small and Medium-Sized Enterprises);
(g) Chapter 17 (Economic Cooperation); and
(h) Chapter 21 (Exceptions) including Te Tiriti o Waitangi/The Treaty of Waitangi.
Article 15.4. Cooperation Activities
1. To achieve the objective of this Chapter, the Parties agree to cooperate to enable and advance Indigenous Peoples' trade and economic opportunities under this Agreement. Cooperation activities may include:
(a) developing programmes and initiatives to enhance the ability for Indigenous-owned enterprises to access and fully benefit from the opportunities of international trade and investment, including through exchanges on good practices, projects and programmes;
(b) developing and enhancing links between the UAE and Indigenous-owned enterprises, including Indigenous women-led enterprises, to facilitate access to existing and new supply chains as well as trade in goods and services;
(c) sharing experiences to enhance the ability of Indigenous Peoples and businesses to participate in and benefit from both Parties' energy transitions;
(d) enabling and strengthening the digital inclusion for Indigenous Peoples and businesses and their participation in electronic commerce and digital trade;
(e) identifying potential areas of cooperation between businesses for the mutual benefit of both Parties, and developing, supporting and strengthening business networks, cooperation and partnerships, including through trade missions;
(f) promoting trade and investment in sectors relevant for Indigenous-owned enterprises, including businesses 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, and the green economy and resources;
(g) promoting the inclusion of Indigenous Peoples and businesses in agri-food and agricultural trade and related activities;
(h) sharing information on promoting and protecting Manuka honey; and
(i) any other area of mutual interest that the Parties may agree to.
2. In implementing the cooperation activities under this Chapter, the Parties may invite the views and participation of relevant stakeholders, and in the case of Aotearoa New Zealand of Maori in accordance with Te Tiriti o Waitangi/The Treaty of Waitangi.
3. All cooperation activities shall be at the request of a Party, on mutually agreed terms in respect of each cooperation activity and subject to resource availability.
Article 15.5. Contact Points
1. Each Party shall designate and notify a contact point for implementing this Chapter.
2. Each 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 Indigenous Peoples; and
(c) as required for coordinating between any committee, working group or other subsidiary body established by this Agreement, on any matter covered by this Chapter.
Article 15.6. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 16. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 16.1. General Principles
1. The Parties, recognising the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness of their respective economies and their contribution to economic growth, sustainable development, and innovation, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognise the integral role of the private sector in the SME cooperation to be implemented under this Chapter.
Article 16.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities. In particular, each Party may:
(a) promote cooperation between the Parties' small business support infrastructure including dedicated SME centres, incubators and accelerators, export assistance centres, and other centres as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as creating business growth in local markets;
(b) strengthen its collaboration with the other Party on activities to promote SMEs owned by women and youth, start-ups, and partnership among these SMEs and their participation in international trade;
(c) enhance cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions;
(d) encourage participation in purpose-built mobile or web-based platforms, for entrepreneurs and business advisers to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners;
(e) promote the participation in international trade of SMEs owned by under-represented groups, such as women, youth, Maori, and minority groups; and
(f) support SMEs to participate in digital trade and e-commerce to take advantage of opportunities resulting from this Agreement.
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; and
(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; and
(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, referred to in paragraph 1, links, or information through automated electronic transfer, to:
(a) the equivalent website of the other Party; and
(b) the websites ofits 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) relevant sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration procedures;
(g) trade promotion programmes;
(h) competitiveness programmes;
(i) SME investment and financing programmes;
(j) taxation information;
(k) government procurement opportunities covered under Chapter 11 (Government Procurement); and
(J) other information which the Party considers to be useful for SMEs.
4. Each Party shall regularly review 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 referred to in paragraphs 1 through 3 available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavor to make this information available, as appropriate.
Article 16.4. Contact Points
1. Each Party shall, within 90 days of the entry into force of this Agreement, designate an office or official within its trade ministry or equivalent entity as a contact point to address matters related to this Chapter. Each Party shall notify the other Party promptly in the event of any change to its contact point.
2. The contact points shall facilitate regular communication and coordination between the Parties, and cooperate, including with other appropriate agencies of their governments and any relevant sub-committee established under this Agreement, to develop and implement cooperative activities.
3. The Parties recognise the importance of cooperation and consultation, based on the principle of mutual respect, and shall endeavour to resolve any matter arising under this Chapter.
Article 16.5. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 17. ECONOMIC COOPERATION
Article 17.1. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalise and facilitate trade and investment between the Parties and foster economic growth.
2. Economic cooperation under this Agreement shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.