6. The importing Party may appoint a governmental body, non-governmental body, or a person with the necessary relevant expertise to carry out all or part of an audit or verification on its behalf.
7. The importing Party shall provide the exporting Party with a draft audit or verification report, including its findings, conclusions and recommendations, and shall provide the exporting Party with the opportunity to comment on the draft report. The importing Party shall consider any comments that have been provided within a reasonable period of time, before finalising its assessment.
8. The importing Party shall provide the exporting Party with a final report setting out its conclusions in writing within a reasonable period of time. If necessary to meet its appropriate level of protection, the importing Party may implement SPS measures prior to the completion of the audit or verification provided that such measures are not inconsistent with the SPS Agreement or this Agreement.
9. The costs incurred by the importing Party to conduct an audit or verification shall be borne by the importing Party, unless the Parties agree otherwise.
10. Measures taken by the importing Party as a consequence of its audit or verification shall be supported by objective evidence, take into account the importing Party's knowledge of, relevant experience with, and confidence in, the exporting Party, and shall not be more trade restrictive than necessary to achieve the importing Party's appropriate level of protection. Nothing in this paragraph prevents a Party taking an emergency measure consistent with Article 6.12 (Emergency SPS Measures).
Article 6.10. Certification
1. If a Party requires import certification, it shall ensure that the SPS requirement for certification is applied only to the extent necessary to meet its SPS objectives and shall take into account guidance of the WTO SPS Committee and relevant international standards, guidelines and recommendations.
2. The Parties may enter into consultations through the SPS Committee, with the aim of agreeing principles, guidelines, or specific requirements for certification.
3. The Parties shall progress the implementation of paperless trade through electronic SPS certification and provide updates on implementation through the SPS Committee.
Article 6.11. Import Checks and Fees
1. The importing Party shall have the right to carry out import checks based on the sanitary and phytosanitary risks associated with imports. These checks shall be carried out without undue delay and with minimum trade disrupting effects.
2. If import checks reveal non-compliance with the relevant import requirements, the action taken by the importing Party must be based on an assessment of the risk involved and not be more trade-restrictive than required to achieve the Party's appropriate level of protection.
3. The importing Party shall notify the importer of a non-compliant consignment, or its representative, of the reason for non-compliance, and, subject to its law, provide them with an opportunity for a review of the decision. The importing Party shall consider any relevant information submitted to assist in the review.
Article 6.12. Emergency SPS Measures
1. If a Party adopts an emergency SPS measure necessary for the protection of human, animal or plant life or health, the Party shall notify the other Party of that measure through its contact point as soon as possible, and in any case no later than 48 hours after the decision to adopt the measure.
2. On the request of the other Party, a Party adopting an emergency SPS measure shall engage in technical consultations under Article 6.15 (Technical Consultations). The Parties shall endeavour to hold technical consultations within 10 days of the receipt of the request, and in any case consultations must be held as soon as possible following receipt of the request. The Party that adopts the emergency SPS measure shall take into consideration any information provided by the other Party in response to the notification and during technical consultations.
3. The importing Party shall consider, in a timely manner, information that was provided by the exporting Party when it makes its decision with respect to consignments that, at the time of adoption of the emergency SPS measure, are being transported between the Parties, in order to avoid unnecessary disruptions to trade.
4. If a Party adopts an emergency SPS measure, it shall commence a science- based review of the measure within a reasonable period of time. The Party shall then review the need for the emergency SPS measure as required, and ifit remains in place provide, on request, the justification for maintaining the emergency SPS measure.
Article 6.13. Cooperation
The Parties shall cooperate to strengthen collaboration between the Parties in their involvement in the work of relevant international organisations that develop international standards, guidelines and recommendations relevant to the matters covered by this Chapter.
Article 6.14. Transparency, Notification and Information Exchange
1. The Parties acknowledge the value of exchanging information in a timely manner relating to their respective SPS measures and ensuring transparency in the implementation of such measures. To this end, each Party shall facilitate the exchange of information on their respective sanitary and phytosanitary regimes.
2. Each Party shall promptly notify the other Party of a:
(a) significant change to pest or disease status; and
(b) significant food safety issue related to a good traded between the Parties.
3. In particular, each Party shall, through the contact points designated under Article 6.17 (Competent Authorities and Contact Points), on request, provide information to the other Party of any new or revised SPS measures, including measures imposed in response to an urgent threat to human, animal or plant life or health.
4. Where the information referred to in paragraphs 2 and 3 has been made available via notification to the WTO's Central Registry of Notifications, or to the relevant international organisations, the requirements in those paragraphs shall be deemed to be fulfilled.
Article 6.15. Technical Consultations
1. If a Party has specific trade concerns regarding SPS measures proposed or implemented by the other Party, it may request technical consultations through the contact point.
2. The responding Party shall provide a written reply to the requesting Party within 30 days of the receipt of a request. The Parties shall enter into technical consultations within 30 days of the requesting Party's receipt of the reply, unless the Parties agree otherwise. Such consultations may be conducted via teleconference, videoconference or any other means agreed by the Parties.
3. The Parties shall endeavour to provide all relevant information necessary to avoid disruption to trade and to reach a mutually acceptable solution within a reasonable period of time.
4. Where the Parties have already established other mechanisms than those referred to in this Article to address the concerns, they shall make use of them to the extent possible in order to avoid unnecessary duplication.
Article 6.16. Committee on SPS Measures
1. The Parties hereby establish a Committee on Sanitary and Phytosanitary Measures (the “SPS Committee”), composed of government representatives of each Party responsible for SPS matters.
2. The functions of the SPS Committee shall include:
(a) monitoring implementation and considering any matter related to this Chapter;
(b) providing an opportunity for the identification, prioritisation, discussion, and resolution of SPS issues;
(c) recommending any mutually agreed proposals for amendments to this Chapter to the Joint Committee; and
(d) providing a forum to exchange information on each Party's SPS regulatory system.
3. The SPS Committee may, among other things:
(a) identify opportunities for greater cooperation activities relevant to this Chapter, including trade facilitation initiatives and further work on eliminating unnecessary SPS barriers to trade between the Parties;
(b) discuss, at an early stage, a change to, or a proposed change to, a SPS measure being considered;
(c) facilitate improved understanding between the Parties on the implementation of the SPS Agreement, and promote cooperation between the Parties on SPS issues in multilateral fora, including the WTO Committee on Sanitary and Phytosanitary Measures, and relevant international organisations, as appropriate; and
(d) provide opportunities to identify initiatives to strengthen bilateral technical cooperation relevant to this Chapter.
4. The SPS Committee may establish technical working groups to address specific SPS issues with the aim of reaching a mutually acceptable resolution with the least disruption to trade. Any technical working group established shall report to the SPS Committee on progress of its work.
5. A Party may refer any SPS issue to the SPS Committee. The SPS Committee shall consider the issue as expeditiously as possible. If the SPS Committee is unable to resolve an issue it shall, at the request of a Party, report to the Joint Committee.
6. The SPS Committee shall meet within one year of the date of entry into force of this Agreement, and on annual basis, unless the Parties agree otherwise.
7. The SPS Committee may decide to meet by videoconference or teleconference or by any such means as may be agreed by the Parties, and it may also address issues by correspondence.
8. The SPS Committee shall take decisions and make recommendations by consensus.
9. The SPS Committee shall report, as needed, on its activities and work programme to the Joint Committee.
Article 6.17. Competent Authorities and Contact Points
1. Each Party shall notify to the other Party a list of its competent authorities on entry into force of this Agreement. The notification shall include contact information of these authorities.
2. Each Party shall also designate and notify a contact point to facilitate the exchange of information and any communication between the Parties relating to this Chapter on entry into force of this Agreement.
3. Each Party shall promptly notify the other Party of any change of its competent authorities, the contact information of its competent authorities, or its contact point.
Article 6.18. 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 7. TECHNICAL BARRIERS TO TRADE
Article 7.1. Definitions
For the purposes of this Chapter, the terms and definitions set out in Annex 1 to the TBT Agreement apply.
Article 7.2. Objective
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 practice.
Article 7.3. Scope
1. Unless otherwise provided in paragraph 4, this Chapter applies to the preparation, adoption, and application of all technical regulations, standards, and conformity assessment procedures of the central level of government 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 regional or local government bodies and non-governmental bodies within its territory which are responsible for the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures.
3. All references in this Chapter to technical regulations, standards, and conformity assessment procedures shall be construed to include any amendments to them and any addition to the rules or the product coverage of those technical regulations, standards, and procedures.
4. This Chapter does not apply to:
(a) technical specifications prepared by governmental bodies for the production or consumption requirements of such bodies; or
(b) sanitary or phytosanitary measures, which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).
5. Nothing in this Chapter shall prevent a Party from adopting or maintaining technical regulations, standards, or conformity assessment procedures in accordance with its rights and obligations under this Agreement, the TBT Agreement, and any other relevant international agreement.
Article 7.4. Affirmation of the TBT Agreement
The Parties affirm their rights and obligations under the TBT Agreement.
Article 7.5. Technical Regulations
1. 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.
2. Where 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 teasons for its decision.
Article 7.6. International Standards, Guides, and Recommendations
1. The Parties recognise the important role that international standards, guides, and recommendations can play in supporting greater regulatory alignment, good regulatory practice, and reducing unnecessary barriers to trade.
2. Each Party shall, in accordance with Articles 2.4 and 5.4 of the TBT Agreement, use international standards, guides, and recommendations, or the relevant parts thereof, as a basis for its technical regulations and conformity assessment procedures.
3. Where a Party does not use an international standard, guide, or recommendation, or the relevant parts thereof, as a basis for a technical regulation or conformity assessment procedure, it shall, on request of the other Party, in accordance with Articles 2.5 and 5.4 of the TBT Agreement, explain the reasons for its decision.
4. Each Party shall encourage the standards bodies established within its territory to cooperate and exchange views with each other on matters under discussion in relevant international or regional bodies that develop international standards, guides, or recommendations relevant to this Chapter.
5. 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 apply the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade Since 1 January 1995 (G/TBT/1/Rev.12), as may be revised, issued by the WTO Committee on Technical Barriers to Trade. (1)
Article 7.7. Conformity Assessment Procedures
1. The Parties recognise that 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. For example:
(a) a Party may agree with the other Party to accept the results of conformity assessment procedures that bodies located in the other Party's territory conduct with respect to specific technical regulations;
(b) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the other Party's territory;
(c) a Party may recognise the results of conformity assessment procedures conducted in the other Party's territory;
(d) conformity assessment bodies located in the territory of either Party may enter into voluntary arrangements to accept the results of each other's assessment procedures; and
(e) the importing Party may rely on a supplier's declaration of conformity.
2. The Parties shall exchange 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.
3. Where 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.
4. The Parties acknowledge the trade facilitation role played by the Agreement on Mutual Recognition in Relation to Conformity Assessment, Certificates and Markings between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia done at London on 18 January 2019, and the importance of cooperating in the field of mutual recognition in relation to conformity assessment in accordance with that Agreement. The Parties recognise that they may, in accordance with that Agreement, review and amend its provisions, including by extending its coverage, as appropriate.
Article 7.8. Marking and Labelling
1. Each Party shall, in accordance with Article 2 of the TBT Agreement, in respect of technical regulations that include or deal exclusively with mandatory marking or labelling requirements:
(a) accord treatment no less favourable to products imported from the territory of the other Party than that accorded to its own like products or those originating in any other country; and
(b) ensure that such technical regulations are not prepared, adopted, or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For this purpose, such technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia, national security requirements, the prevention of deceptive practices, protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration are, inter alia,available scientific and technical information, related processing technology, or intended end-uses of products.
2. Where a Party requires mandatory marking or labelling of products, the Party may accept, where it considers that legitimate objectives in accordance with the TBT Agreement are not compromised thereby:
(a) non-permanent or detachable labels; or
(b) marking or labelling in the accompanying documentation in place of marking or labelling attached to the product.
3. Where an international system of nomenclature, pictograms, symbols, or graphics has been accepted by both Parties, such elements may be used. The simultaneous use of additional languages shall not be prohibited, provided that the information provided in the additional languages does not constitute a contradictory, confusing, misleading, or deceptive statement regarding the product.
Article 7.9. Transparency
1. Each Party shall allow persons of the other Party to participate in the development of its technical regulations, standards, and conformity assessment procedures, subject to its laws and regulations, or administrative arrangements, on terms no less favourable than those accorded to its own persons.
2. As appropriate, each Party shall encourage non-governmental bodies in its territory to observe paragraph 1 in relation to consultation procedures on standards and voluntary conformity assessment procedures which are available to the general public.
3. On request of the other Party, a Party shall provide the other Party with information regarding the objective of, and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
Article 7.10. Cooperation and Trade Facilitation
1. The Parties shall work cooperatively in the fields of standards, technical regulations, and conformity assessment procedures with a view to facilitating trade between the Parties. Such cooperation may include:
(a) exchanging information regarding technical regulations, standards, conformity assessment procedures, and good regulatory practices;
(b) increasing the harmonisation of their respective technical regulations, standards, and conformity assessment procedures with relevant international standards, guides, or recommendations;
(c) enhancing cooperation in the development of standards in areas of shared interest in particular as regards new or emerging products or technologies;
(d) enhancing cooperation and dialogue on mutually agreed regulatory issues;
(e) increasing coordination, as appropriate, in relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures; and
(f) other areas as agreed by the Parties.
2. On request of the other Party, a Party shall give positive consideration to a sector-specific proposal that the requesting Party makes for further cooperation under this Chapter.
Article 7.11. Information Exchange
Any information or explanation that a Party provides in response to a request of the other Party in accordance with this Chapter shall be provided in print or electronically within a reasonable period, and where possible within 60 days of the first Partyâs receipt of the request.
Article 7.12. Committee on Technical Barriers to Trade
1. The Parties hereby establish a Committee on Technical Barriers to Trade (the "TBT Committee"), composed of government representatives of each Party responsible for technical barriers to trade matters. The TBT Committee may also invite relevant persons, with the necessary expertise regarding the issues for discussion, to attend as observers.
2. The functions of the TBT Committee include:
(a) monitoring the operation and implementation of this Chapter;
(b) providing a regular forum for information exchange on matters related to this Chapter;
(c) providing a forum for seeking to resolve differences that may arise regarding the interpretation or application of this Chapter; and
(d) considering any other matters referred to it by the Joint Committee.
3. The TBT Committee may establish working groups to undertake specific tasks related to its functions under this Chapter.
4. Where a Party declines to discuss an issue through the TBT Committee under paragraph 2, it shall, on the request of the other Party, explain the reasons for its decision.
5. The TBT Committee shall meet within one year of the date of entry into force of this Agreement, and on an annual basis, unless the Parties agree otherwise.
Article 7.13. Contact Points
Each Party shall designate and notify a contact point to facilitate communications between the Parties on any matter covered by this Chapter.
Article 7.14. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.
Article 7.15. Annex
1. The rights and obligations set out in Annex 7A (Cosmetics) apply only with respect to the sector specified in that Annex.
2. The scope of Annex 7A (Cosmetics) is set out in that Annex.
Chapter 8. CROSS-BORDER TRADE IN SERVICES
Article 8.1. Definitions
For the purposes of this Chapter:
"airport operation services" means the operation or management, on a fee or contract basis, of airport infrastructure, including terminals, runways, taxiways and aprons, parking facilities, and intra-airport transportation systems. Airport operation services do not include air navigation services;
"computer reservation system services" means 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;
"cross-border trade in services" or "cross-border supply of services" means the supply of a service:
(a) from the territory of a Party into the territory of the other Party;
(b) in the territory of a Party to a person of the other Party; or
(c) by anational of a Party in the territory of the other Party;
but does not include the supply ofa service in the territory of a Party by a covered investment;
"enterprise" means an enterprise as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions), and a branch of an enterprise;
"enterprise of a Party" means:
(a) an enterprise as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions), constituted or organised under the law of that Party, or a branch located in the territory of that Party, and carrying out substantial business activities in the territory of that Party; or
(b) an enterprise of a non-Party owned or controlled by a person of a Party, (1) if any of its vessels are registered in accordance with the law of that Party and flying the flag of that Party, when supplying services within the scope of Annex 8B (International Maritime Transport Services) using those vessels;
"ground handling services" means the supply of a service on a fee or contract basis for: airline representation, administration and supervision, ground administration and supervision, including load control and communications; passenger handling; baggage handling; ramp services; air cargo and mail handling; aviation fuel and oil handling; flight operations, crew administration and flight planning; aircraft servicing and cleaning; surface transport; and catering services. Ground handling services do not include: self-handling; security services; fixed intra-airport transport systems; line maintenance; aircraft repair and maintenance; or the operation or management of centralised airport infrastructure such as de-icing facilities, fuel distribution systems, or baggage handling systems;
"measures of a Party" means measures adopted or maintained by
(a) central, regional, or local governments or authorities; or