Article 22.16. Conservation and Illegal Wildlife Trade
1. The Parties affirm the importance of combating the illegal take (20) of, and illegal trade in, wild fauna and flora, and acknowledge that this trade undermines efforts to conserve and sustainably manage those natural resources, has social consequences, distorts legal trade in wild fauna and flora, and reduces the economic and environmental value of these natural resources.
2. Accordingly, the Parties affirm their commitment to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington D.C. on 3 March 1973 ("CITES") (21)
3. The Parties commit to promote conservation and to combat the illegal take of, and illegal trade in, wild fauna and flora. To that end, the Parties shall:
(a) exchange information and experiences on issues of mutual interest related to combating the illegal take of, and illegal trade in, wild fauna and flora, including combating illegal logging and associated illegal trade, and promoting the legal trade in associated products;
(b) undertake, as appropriate, joint activities on conservation issues of mutual interest, including through relevant regional and international fora; and
(c) endeavour to implement, as appropriate, CITES resolutions that aim to protect and conserve species whose survival is threatened by international trade.
4. Each Party further commits to:
(a) take appropriate measures to protect and conserve wild fauna and flora that it has identified to be at risk within its territory, including measures to conserve the ecological integrity of specially protected natural areas, for example wetlands;
(b) maintain or strengthen government capacity and institutional frameworks to promote sustainable forest management and wild fauna and flora conservation, and endeavour to enhance public participation and transparency in these institutional frameworks; and
(c) endeavour to develop and strengthen cooperation and consultation with interested non-governmental entities in order to enhance implementation of measures to combat the illegal take of, and illegal trade in, wild fauna and flora.
5. In a further effort to address the illegal take of, and illegal trade in, wild fauna and flora, including parts and products thereof, each Party shall take measures to combat, and cooperate to prevent, the trade of wild fauna and flora that, based on credible evidence (22), were taken or traded in violation of that Party's laws and regulations, the primary purpose of which is to conserve, protect, or manage wild fauna or flora. Such measures shall include sanctions, penalties, or other effective measures, including administrative measures, that can act as a deterrent to such trade. In addition, each Party shall endeavour to take measures to combat the trade of wild fauna and flora transhipped through its territory that, based on credible evidence, were illegally taken or traded.
6. The Parties recognise that each Party retains the right to exercise administrative, investigatory, and enforcement discretion in its implementation of paragraph 5, including by taking into account in relation to each situation the strength of the available evidence and the seriousness of the suspected violation. In addition, the Parties recognise that in implementing paragraph 5, each Party retains the right to make decisions regarding the allocation of administrative, investigatory, and enforcement resources,
7. In order to promote the widest measure of law enforcement cooperation and information sharing between the Parties to combat the illegal take of, and illegal trade in, wild fauna and flora, the Parties shall endeavour to identify opportunities, consistent with their respective laws and regulations, and in accordance with applicable international agreements, to enhance law enforcement cooperation and information sharing, for example by creating and participating in law enforcement networks.
8. The Parties recognise the importance of continuing efforts to combat the illegal trade in wildlife, including ivory, and the importance of appropriate regulation of domestic wildlife markets worldwide, including markets for ivory and goods containing ivory, that are contributing to poaching or illegal trade. Accordingly, the Parties shall cooperate as appropriate to support non-party efforts to introduce and implement domestic controls on the take and trade in wildlife, and on markets for ivory and goods containing ivory, that are contributing to poaching or illegal trade.
Article 22.17. Corporate Social Responsibility
Each Party should encourage enterprises operating within its territory or jurisdiction, to adopt voluntarily, into their policies and practices, principles of corporate social responsibility that are related to the environment, consistent with internationally recognised standards and guidelines that have been endorsed or are supported by that Party.
Article 22.18. Opportunities for Public Participation
1. Each Party shall seek to accommodate requests for information regarding the Party's implementation of this Chapter.
2. Each Party shall make use of existing, or establish new, consultative mechanisms, for example domestic advisory committees, to seek views on matters related to the implementation of this Chapter. These mechanisms may include persons with relevant experience, as appropriate, including experience in business, natural resource conservation and management, or other environmental matters.
Article 22.19. Public Submissions
1. Each Party shall provide for the receipt and consideration of written submissions from persons of that Party regarding its implementation of this Chapter in accordance with its domestic procedures. Each Party shall make readily accessible and publicly available its procedures for the receipt and consideration of written submissions.
2. A Party may provide in its procedures that a submission should:
(a) raise an issue directly relevant to this Chapter;
(b) clearly identify the person or organisation making the submission; and
(c) explain, to the degree possible, how and to what extent the issue raised affects trade or investment between the Parties.
3. Each Party shall consider matters raised by the submission and provide a timely response to the submitter, including in writing as appropriate.
Article 22.20. Cooperation Frameworks
1. 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 protect the environment and to promote sustainable development and clean growth as they strengthen their trade and investment relations.
2. Accordingly, the Parties shall cooperate as appropriate on the matters identified in this Chapter. Such cooperation may take place bilaterally and in international fora.
3. Each Party may:
(a) share its priorities for cooperation with the other Party, including the objectives of that cooperation;
(b) propose cooperation activities related to the implementation of this Chapter; and
(c) develop and participate in cooperation activities and programmes as agreed by the Parties.
4. Cooperation may be undertaken through various means including: dialogue, workshops, seminars, conferences, collaborative programmes, and projects; technical assistance to promote and facilitate cooperation and training, the sharing of information, data, and evidence based practices on policies and procedures; and the exchange of experts.
5. Each Party may promote public participation in the development and implementation of cooperative activities, as appropriate.
6. 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.
Article 22.21. Environment Working Group
1. The Parties hereby establish an Environment Working Group ("the Working Group") composed of official level representatives, as designated by each Party.
2. The Working Group shall meet within one year of the date of entry into force of this Agreement. Thereafter, the Working Group shall meet at least every two years, unless the Parties decide otherwise.
3. The purpose of the Working Group is to oversee the implementation of this Chapter and its functions shall be to:
(a) review and monitor the implementation and operation of the provisions of this Chapter;
(b) provide a forum to seek solutions to resolve differences between the Parties as to the interpretation or application of this Chapter;
(d) coordinate with other committees, working groups, and any other subsidiary bodies established under this Agreement as appropriate;
(e) perform any other functions as the Parties may decide.
4. The Working Group shall be jointly chaired and shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report to the Joint Committee.
Article 22.22. Environment Contact Points
Each Party shall designate and notify a contact point from its relevant authorities within 90 days of the date of entry into force of this Agreement in order to facilitate communication between the Parties in the implementation of this Chapter. Each Party shall promptly notify the other Party in the event of any change to its contact point.
Article 22.23. Environment Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter, and shall make every effort through dialogue, consultation, exchange of information and, if appropriate, cooperation to address any matter that might affect the operation of this Chapter.
2. A Party (the requesting Party) may request consultations with the other Party (the responding Party) regarding any matter arising under this Chapter by delivering a written request to the responding Party's contact point. The requesting Party shall include information that is specific and sufficient to enable the responding Party to respond, including identification of the matter at issue and an indication of the legal basis for the request.
3. Before a Party requests consultations under this Article for a matter arising under paragraph 4 or paragraph 6 of Article 22.3 (General Commitments), that Party shall consider whether it maintains environmental laws that are substantially equivalent in scope to the environmental laws that would be the subject of the dispute and shall identify and notify those laws to the responding Party. The Parties shall take this issue into account during the consultations.
4. Unless the Parties agree otherwise, they shall enter into consultations promptly, and no later than 30 days after the date of receipt by the responding Party of the request.
5. 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.
6. Consultations pursuant to this Article, Article 22.24 (Joint Committee Consultations) and Article 22.25 (Ministerial Consultations) may be held in person or by any technological means available as agreed by the Parties.
7. Consultations pursuant to this Article, Article 22.24 (Joint Committee Consultations) and Article 22.25 (Ministerial Consultations), and in particular, positions taken by the Parties during consultations, shall be confidential and without prejudice to the rights of either Party in any further or other proceedings.
Article 22.24. Joint Committee Consultations
1. If the Parties have failed to resolve the matter under Article 22.23 (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.
2. 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 or non-governmental experts.
Article 22.25. Ministerial Consultations
If the Parties have failed to resolve the matter under Article 22.24 (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.
Article 22.26. Dispute Resolution
1. If the Parties have failed to resolve the matter under Article 22.23 (Environment Consultations), Article 22.24 (Joint Committee Consultations) and Article 22.25 (Ministerial Consultations), within 120 days after the date of receipt of a request under Article 22.23 (Environment Consultations), or any other period as the Parties may agree, the requesting Party may request consultations under Article 30.7 (Consultations - Dispute Settlement) or request the establishment of a panel under Article 30.8 (Request for Establishment of a Panel - Dispute Settlement).
2. In addition to the requirements set out in subparagraph 1(a) of Article 30.10 (Qualification of Panellists), for a dispute arising under this Chapter panellists other than the chair shall have sufficient expertise or experience in environmental law or practice.
ANNEX 22A.
For Australia, the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
For the United Kingdom, Regulation (EC) 1005/2009 as it applies in Great Britain as retained EU law and as it applies in Northern Ireland directly, and Regulation (EU) 517/2014 as it applies in Great Britain as retained EU law, and as it applies in Northern Ireland directly. As amended by The Ozone- Depleting Substances and Fluorinated Greenhouse Gases (Amendment Act) (EU Exit) Regulations 2019 and 2020.
ANNEX 22.B.
For Australia, the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Navigation Act 2012.
For the United Kingdom, the Merchant Shipping Act 1995 and regulations made under the Act.
Chapter 23. DEVELOPMENT
Article 23.1. General Provisions
1. 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.
2. The Parties acknowledge that effective domestic coordination of trade, investment, and development policies can contribute to inclusive economic growth for developing countries.
3. The Parties affirm the importance of increased participation of developing countries in the global economy and recognise the vital contribution of the World Trade Organization to trade and development.
Article 23.2. Joint Development Activities
1. The Parties recognise the value in undertaking joint development activities relating to trade and investment, which may include:
(a) an exchange of information between the Parties, relating to experience, cooperation, best practice, technical assistance, or capacity building;
(b) mutually agreed cooperation, technical assistance, or capacity building on issues such as customs procedures, trade facilitation, technical barriers to trade, trade in services, or digital trade;
(c) mutually agreed cooperation in international fora;
(d) inviting, as appropriate, the assistance of relevant international institutions, private sector entities, non-governmental organisations, or other institutions; or
(e) an exchange of views on methodologies for monitoring the implementation and operation of this Chapter
2. Each Party may monitor and assess the role this Agreement plays in relation to development, subject to its laws, regulations, policies, and practices.
Article 23.3. Committee on Cooperation
The Committee on Cooperation established under Article 27.4 (Committee on Cooperation - Cooperation) shall consider any matter under this Chapter related to cooperation and support any activities pursuant to Article 23.2 (Joint Development Activities).
Article 23.4. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 24. TRADE AND GENDER EQUALITY
Article 24.1. Objectives
1. The Parties acknowledge the importance of advancing gender equality for inclusive economic growth and that gender-responsive policies are important for ensuring equitable participation in domestic, regional and global economies.
2. Accordingly, the Parties recognise the importance of advancing gender equality and women's economic empowerment across this Agreement and agree to incorporate gender perspectives in their trade and investment relationship.
3. The Parties affirm their commitment to the WTO Joint Ministerial Declaration on Trade and Women's Economic Empowerment made at the 11th WTO Ministerial Conference in Buenos Aires in December 2017 and acknowledge the work of other multilateral fora, such as the Organisation for Economic Co-operation and Development, in advancing the evidence base on women's economic empowerment and trade.
4. The Parties acknowledge that, in addition to the provisions in this Chapter, there are provisions in other Chapters of this Agreement that seek to advance gender equality and women's economic empowerment in the context of trade and investment including in relation to services, SMEs, financial services, procurement, labour, and digital trade.
5. The Parties recognise the importance of evidence-based interventions and measures that facilitate women's full access to and ability to benefit from this Agreement.
6. The Parties further recognise the benefits of sharing their experiences in designing, implementing, resourcing and strengthening policies, programmes and other initiatives to advance gender equality and address the systemic and other barriers which prevent women, including as workers, business owners and entrepreneurs, from participating equitably in all aspects of trade.
Article 24.2. Trade and Gender Equality Cooperation Activities
1. The Parties shall undertake cooperation activities, as appropriate, that support women workers, business owners and entrepreneurs to access the full benefits and opportunities created by this Agreement.
2. The Parties recognise the importance of carrying out the cooperation activities with the inclusive participation of women.
3. Cooperation activities that may be undertaken by the Parties include, but are not limited to, exchanging information, experiences and evidence relating to:
(a) programmes and initiatives aimed at improving the access of women to markets, technology and financing;
(b) promoting equal opportunities for women in the workplace, including workplace flexibility;
(c) the development and strengthening of women's leadership and business networks;
(d) improving the access of women and girls to leadership opportunities and education, including in fields in which they are under-represented, such as science, technology, engineering, and mathematics, insofar as those activities are related to trade;
(e) trade missions for businesswomen and women entrepreneurs;
(f) collaborating, including with developing countries and in multilateral fora, to promote equitable participation of women in supply chains; and
(g) enabling women's access to online business tools and opportunities to strengthen digital skills, and identifying and addressing barriers to women accessing digital trade.
4. To support achievement of the objectives of this Chapter, the Parties shall cooperate and exchange information on the integration of gender in approaches to data collection, analysis and monitoring, as agreed by the Parties, which may include:
(a) methods and procedures for the collection of sex-disaggregated data, the use of indicators, monitoring and evaluation methodologies, and the analysis of gender statistics related to trade;
(b) conducting gender analyses of trade policies, incorporating both quantitative and qualitative data and information, and for the monitoring of their effects on women as workers, entrepreneurs and business-owners; or
(c) undertaking research on trade and gender equality where appropriate.
Article 24.3. Dialogue on Trade and Gender Equality
1. The Parties agree to establish a Dialogue on Trade and Gender Equality (the Dialogue) composed of government representatives from each Party. Meetings of the Dialogue shall take place by agreement of the Parties.
2. The Dialogue may consider any matter that the Parties consider appropriate to advance gender equality and women's economic empowerment in the Partiesâ trade and investment relationship. The Committee on Cooperation shall consider any matter under this Chapter related to cooperation and support any cooperation activities.
3. The Dialogue may engage and facilitate communication with relevant stakeholders which may include women workers, business owners and entrepreneurs, in its consideration of matters relevant to this Chapter.
4. The Dialogue shall report on the progress of its work to the Committee on Cooperation established under paragraph 1 of Article 27.4 (Committee on Cooperation - Cooperation), while seeking to avoid duplication of its work.
5. The Dialogue may work with other bodies and subsidiary bodies established under this Agreement to advance the objectives of this Chapter and support the delivery of the cooperative activities described in Article 24.2 (Trade and Gender Equality Cooperation Activities), which may include providing advice or recommendations to the Joint Committee as appropriate.
Article 24.4. Non-application of Dispute Settlement
Neither party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 25. ANIMAL WELFARE AND ANTIMICROBIAL RESISTANCE
Article 25.1. Animal Welfare
1. The Parties recognise that animals are sentient beings. They also recognise the connection between improved welfare of farmed animals and sustainable food production systems.
2. The Parties affirm the right of each Party to establish its own policies and priorities for the protection of animal welfare and to adopt or modify its laws, regulations and policies in this area.
3. Each Party recognises that it is inappropriate to encourage bilateral trade or investment by weakening or reducing its levels of protection for animal welfare. Accordingly, each Party shall endeavour to ensure that it does not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its laws, regulations and policies in a manner that weakens or reduces its level of animal welfare protection as an encouragement for trade or investment between the Parties.
4. Each Party shall endeavour to ensure that its laws, regulations and policies provide for and encourage high levels of animal welfare protection and shall endeavour to continue to improve their respective levels of animal welfare protection, including through their laws, regulations and policies.
5. The Parties shall exchange information, expertise and experiences in areas of mutual interest in the field of animal welfare, with the aim of improving understanding of each other's approaches and regulatory systems and improving animal welfare standards.
6. The Parties shall continue to strengthen and build on their existing cooperation in the field of animal welfare, including on issues relating to the treatment of farmed animals, including by:
(a) encouraging cooperation on research in the field of animal welfare; and
(b) working together in relevant international fora on areas of mutual interest, including to promote the development of the best possible animal welfare standards and practices for animals farmed for food production.
7. The Parties encourage non-governmental bodies and persons of the Parties to exchange views, experiences and information as part of wider collaboration in the field of animal welfare.
8. The Parties hereby establish a Joint Working Group on Animal Welfare drawn from government representatives of the Parties responsible for animal welfare matters.
9. The Joint Working Group will, among other things, provide a forum for:
(a) cooperation on initiatives of mutual interest;
(b) reviewing developments in animal welfare;
(c) promoting high animal welfare practices; and
(d) information sharing, under this Chapter.
10. The Joint Working Group shall have its first meeting within one year of the entry into force of this Agreement, and thereafter at regular intervals as agreed by the Parties.
Article 25.2. Antimicrobial Resistance
1. The Parties recognise that antimicrobial resistance (AMR) is a serious global threat to human and animal health.
2. The Parties recognise that the nature of the threat requires a transnational and One Health approach, in line with the Global Action Plan, acknowledging the interdependencies between animal health, human health, and the environment, and the implications for food safety and food security.
3. Each Party shall explore initiatives to promote the reduced need for and appropriate use of antimicrobial agents in animal production and health, and in crop production, including promoting guidance on the prudent and responsible use of antimicrobial agents in good husbandry and veterinary practices, and biosecurity.
4. The Parties shall cooperate, on areas of mutual interest in relevant international organisations, including the World Organisation for Animal Health, the United Nations Food and Agriculture Organization, and the Codex Alimentarius Commission, on the further development of international codes, guidelines, standards, recommendations and other international initiatives aiming to promote the prudent and responsible use of antimicrobial agents, including those which are critically important for human medicine. Each Party shall support the implementation of such agreed international codes, guidelines, standards, recommendations and international initiatives.
5. The Parties recognise and support efforts made towards global harmonisation of surveillance and data collection. Each Party shall promote strengthened AMR surveillance and monitoring of antimicrobial use under a One Health approach and may exchange its experience in doing so with the other Party.
6. The Parties shall facilitate the exchange of information, expertise, and experiences in the field of combatting antimicrobial resistance, and identify common views, interests, priorities, and policies in this area.
The Committee on Cooperation established under Article 27.4 (Committee on Cooperation - Cooperation) shall consider any matter under this Article related to cooperation and support any cooperation activities.
Article 25.3. Non-application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.