4. At least once during the three-year period commencing after the date of entry into force of this Agreement, each Party shall review developments in its good regulatory practices and their experiences in implementing this Chapter with a view towards considering whether to make recommendations to the Joint Commission for improving this Chapter in order to further enhance the benefits of this Agreement. During this review, the Parties may discuss, or raise questions on specific aspects of, the report of a Party. The Parties may also identify opportunities for future assistance of cooperation activities.
Article 26.14. Contact Points
1. Each Party shall designate a contact point for matters arising under this Chapter. Each Party shall notify the other Party who is its contact point and promptly notify the other Party of any changes of its contact point.
2. Each contact point shall be responsible for:
(a) providing information relating to its implementation of this Chapter requested by the other Party to the contact point of the other Party;
(b) consulting and coordinating with the Party's respective regulatory authorities, as appropriate, on matters arising under this Chapter;
(c) submitting the report prepared under Article 26.13 to the other Party; and
(d) facilitating cooperation activities undertaken by the Parties under Article 26.12.
Article 26.15. Relationship to other Chapters
In the event of inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
Article 26.16. Non-Application of Dispute Settlement
A Party shall not have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 27. Administration of the Agreement
Article 27.1. Joint Commission
1. The Parties hereby continue the Joint Commission established under the 2017 Agreement, composed of representatives at the Ministerial level or their designees, and incorporate it under this Agreement.
2. The Joint Commission shall:
(a) supervise the implementation of this Agreement;
(b) review the general functioning of this Agreement;
(c) oversee the further elaboration of this Agreement;
(d) supervise the work of all committees and subcommittees established or continued under this Agreement referred to in Articles 1 and 2 of Annex 27-A, and any other bodies established or continued under paragraph 5; and
(e) consider any other matter that may affect the operation of this Agreement.
3. The Joint Commission may:
(a) adopt interpretive decisions concerning this Agreement binding on panels established under Article 28.7 (Establishment of a Panel);
(b) seek the advice of non-governmental persons or groups;
(c) further the implementation of the objectives of this Agreement by approving any revisions of:
(i) a Party's Schedule to Annex 2-B (Tariff Elimination) with the purpose of adding one or more goods excluded in the Tariff Elimination Schedule;
(ii) the phase-out periods established in Annex 2-B (Tariff Elimination), with the purpose of accelerating the tariff reduction;
(iii) the product-specific rules of origin established in Annex 3-A (Product-Specific Rules of Origin); and
(iv) the procuring entities listed in Annex 11‑A.1 and Annex 11-B.1 (Central Government Entities) and Annex 11-A.2 and Annex 11‑B.2 (Other Entities);
(d) consider any amendments or modifications to the rights and obligations under this Agreement;
(e) establish the amount of remuneration and expenses that will be paid to panellists; and
(f) take any other action in the exercise of its functions as the Parties may decide.
4. The revisions referred to in subparagraph 3(c) shall be subject to the completion of any necessary legal procedures of either Party.
5. The Joint Commission may establish and delegate responsibilities to committees, subcommittees, or working groups. Unless otherwise provided in this Agreement, the committees, subcommittees, and working groups shall work under a mandate recommended by the Agreement Coordinators referred to in Article 27.2 and approved by the Joint Commission. Responsibilities established and delegated by the Joint Commission pursuant to Article 16.1(6) (Joint Commission) of the 2017 Agreement are continued under this Agreement.
6. The Joint Commission shall establish its rules and procedures. Decisions of the Commission shall be taken by mutual consent.
7. The Joint Commission shall convene once a year or upon the request in writing of either Party. Unless otherwise decided by the Parties, sessions of the Joint Commission shall be held alternately in the territory of each Party or by any technological means available.
8. All decisions and actions of the Joint Commission and any committees, subcommittees, working groups, or other bodies are continued and incorporated under the relevant body of this Agreement.
Article 27.2. Agreement Coordinators
1. All appointments of Agreement Coordinators made pursuant to Article 16.2(1) (Agreement Coordinators) of the 2017 Agreement are continued under this Agreement. Each Party shall notify to the other Party any changes made to its Agreement Coordinator.
2. The Agreement Coordinators shall jointly:
(a) monitor the work of all bodies established or continued under this Agreement, referred to in Annex 27-A and any other bodies established under Article 27.1(5), including communications relating to successors to those bodies;
(b) recommend to the Joint Commission the establishment of bodies that they consider necessary to assist the Joint Commission;
(c) coordinate preparations for Joint Commission meetings;
(d) follow up on any decisions taken by the Joint Commission, as appropriate;
(e) receive notifications and information provided pursuant to this Agreement and, as necessary, facilitate communications between the Parties on any matter covered by this Agreement; and
(f) consider any other matter that may affect the operation of this Agreement as mandated by the Joint Commission.
3. The Coordinators shall meet as often as required.
4. A Party may request in writing at any time that a special meeting of the Coordinators be held. This meeting shall take place within 30 days of receipt of the request by the other Party.
Annex 27-A. Committees, Subcommittees, and Other Bodies
1. The Committees established under the 2017 Agreement are continued under this Agreement. These committees are the:
(a) Committee on Trade in Goods and Rules of Origin (Article 2.13);
(b) Committee on Intellectual Property (Article 12.12); and
(c) Committee on the Environment (Article 13.25).
2. The Subcommittees established under the 2017 Agreement are continued and incorporated under this Agreement. These Subcommittees are the:
(a) Subcommittee on Agriculture (Article 2.13(4)); and
(b) Subcommittee on Origin Procedures (Article 3.31).
3. The other Committees or bodies established under this Agreement are the:
(a) Labour Council (Article 14.10);
(b) Financial Services Committee (Article 20.21);
(c) Committee on Trade and Gender (Article 23.5);
(d) Committee on SMEs (Article 24.4); and
(e) Committee on Trade and Indigenous Peoples (Article 25.5).
4. Contact points are established by:
(a) Chapter 2 (National Treatment and Market Access), Article 3(i) of Annex 2‑B (Tariff Elimination);
(b) Chapter 6 (Sanitary and Phytosanitary Measures), Article 6.3 (Sanitary and Phytosanitary Contact Points);
(c) Chapter 7 (Technical Barriers to Trade), Article 7.8 (Contact Points);
(d) Chapter 12 (Intellectual Property), Article 12.11 (Designation of Contact Points);
(e) Chapter 13 (Environment), Article 13.25 (Contact Points and the Committee on the Environment);
(f) Chapter 14 (Labour), Article 14.11 (National Administrative Office);
(g) Chapter 16 (Trade-Related Cooperation), Article 16.2 (Contact Points);
(h) Chapter 21 (Temporary Entry for Business Persons), Article 21.6 (Contact Points); and
(i) Chapter 26 (Good Regulatory Practices), Article 26.14 (Contact Points).
Chapter 28. Dispute Settlement
Section A. State to State Dispute Settlement
Article 28.1. Definitions
For the purposes of this Chapter:
complaining Party means a Party that requests the establishment of a panel under Article 28.7;
panel means a panel established under Article 28.7; and
Party complained against means the Party that receives the request for the establishment of a panel under Article 28.7.
Article 28.2. Cooperation
The Parties shall endeavour to come to an understanding on the interpretation and application of this Agreement, and attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of a matter that may affect its operation.
Article 28.3. Scope and Coverage
1. Except for matters arising under Chapters 6 (Sanitary and Phytosanitary Measures), 12 (Intellectual Property), 16 (Trade-Related Cooperation), 9 (Competition Policy) and 10 (Designated Monopolies and State-Owned Enterprises) and as otherwise provided under this Agreement, the provisions of this Chapter apply with respect to the settlement of disputes between the Parties regarding the interpretation or application of this Agreement, including whenever a Party considers that:
(a) an actual or proposed measure of the other Party is or would be inconsistent with one of its obligations under this Agreement;
(b) the other Party has otherwise failed to carry out one of its obligations under this Agreement; or
(c) there is nullification or impairment within the meaning of Annex 28-A (Nullification or Impairment).
2. Annex 28-B (Dispute Settlement for Anti-Corruption) applies to a dispute arising under Section B of Chapter 15 (Transparency, Anti-Corruption and Responsible Business Conduct). Except as set out in the Annex 28-B (Dispute Settlement for Anti-Corruption), Articles 28.4 through 28.14 do not apply to that dispute.
Article 28.4. Choice of Forum
1. Subject to paragraph 2, a dispute regarding a matter arising under both this Agreement and the WTO Agreement or any other free trade agreement to which both Parties are party may be settled in a forum designated under the terms of one of these agreements at the discretion of the complaining Party.
2. If the complaining Party requests the establishment of a dispute settlement panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of the other.
Article 28.5. Consultations
1. A Party may request, in writing, consultations with the other Party regarding a matter referred to in Article 28.3.
2. The Party requesting consultations shall deliver the request to the other Party, setting out the reasons for the request, identifying the measure or matter at issue under Article 28.3 and indicating the legal basis for the complaint.
3. Subject to paragraph 4, the Parties, unless they otherwise decide, shall enter into consultations within 30 days of the date of receipt of the request by the other Party.
4. In urgent cases, including those involving a good or service that rapidly loses its trade value, such as perishable goods, consultations shall commence within 15 days of the date of receipt of the request by the other Party.
5. The requesting Party may request that the other Party make available personnel of its governmental agencies or other regulatory bodies with expertise in the subject matter of the consultations.
6. The Parties shall attempt to arrive at a mutually satisfactory resolution of a matter through consultations under this Article. To this end, each Party shall:
(a) provide sufficient information for a full examination of the measure or matter at issue; and
(b) treat as confidential any information, including proprietary information, received in the course of consultations that is designated as confidential by the Party providing the information.
7. Consultations are confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.
8. Consultations may be held in person or by another means that the Parties decide.
Article 28.6. Good Offices, Conciliation, and Mediation
1. The Parties, at any time, may decide to undertake an alternative method of dispute resolution, such as good offices, conciliation, or mediation.
2. The Parties shall conduct alternative methods of dispute resolution according to procedures on which they decide.
3. Either Party, at any time, may begin, suspend or terminate proceedings established under this Article.
4. Proceedings involving good offices, conciliation and mediation are confidential and without prejudice to the rights of the Parties in other proceedings.
Article 28.7. Establishment of a Panel
1. Unless the Parties decide otherwise, the complaining Party may refer the matter to a dispute settlement panel if a matter referred to in Article 28.5 has not been resolved:
(a) within 45 days of the date of receipt of the request for consultations; or
(b) within 25 days of the date of receipt of the request for consultations for matters referred to in Article 28.5(4).
2. The complaining Party shall deliver the written request for panel establishment to the Party complained against, indicating the reason for the request, identifying the specific measure or other matter at issue, and providing a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
Article 28.8. Panel Selection
1. The panel shall consist of three panellists.
2. Within 30 days of receiving the request to establish a panel, each Party shall notify the other Party of its appointment of a panellist, and propose up to four candidates to serve as the chair of the panel. If a Party fails to appoint a panellist within this time, the panellist shall be selected by the other Party from the candidates proposed for the chair.
3. The Parties, within 45 days of the date of receipt of the request for panel establishment, shall endeavour to select a panellist who will serve as a chair from among the candidates proposed. If the Parties fail to select a chair within this time period, within a further 7 days the chair shall be selected randomly from the candidates proposed.
4. If a panellist appointed by a Party withdraws, is removed, or becomes unable to serve, a replacement shall be appointed by that Party within 30 days, failing which the replacement shall be appointed in accordance with the second sentence of paragraph 2.
5. If the chair of the panel withdraws, is removed, or becomes unable to serve, the Parties shall endeavour to decide on the appointment of a replacement within 30 days, failing which the replacement shall be appointed in accordance with the second sentence of paragraph 3.
6. If an appointment pursuant to paragraph 4 or 5 requires selecting from the list of candidates proposed for chair and there are no remaining candidates, each Party shall propose up to 3 additional candidates within 30 days and, within 7 days of that deadline, the panellist or the chair, as the case may be, shall be selected randomly from the candidates proposed.
7. A time limit applicable to the proceeding is suspended as of the date the panellist withdraws, is removed, or becomes unable to serve, and resumes on the date that the replacement is selected.
Article 28.9. Qualifications of Panellists
1. Each panellist shall:
(a) have expertise or experience in law, international trade or other matters covered by this Agreement, or in the settlement of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability and sound judgment;
(c) be independent of, and not be affiliated with or take instructions from, either Party;
(d) not be a national of a Party, nor have their usual place of residence in the territory of a Party, nor be employed by either of them;
(e) comply with a Code of Conduct that the Joint Commission shall approve; and
(f) not have been involved in an alternative dispute settlement proceeding referred to in Article 28.6 regarding the same dispute.
2. For a dispute arising under Chapter 14 (Labour) or Chapter 13 (Environment), each Party shall select a panellist in accordance with the following requirements, in addition to those requirements set out in paragraph 1:
(a) in a dispute arising under Chapter 14 (Labour), panellists other than the chair shall have expertise or experience in labour law or practice; and
(b) in a dispute arising under Chapter 13 (Environment), panellists other than the chair shall have expertise or experience in environmental law or practice.
Article 28.10. Rules of Procedure
1. A panel shall follow the provisions of this Chapter, including Annex 28-C (Rules of Procedure). A panel, in consultation with the Parties, may establish supplementary rules of procedure that do not conflict with the provisions of this Chapter.
2. Unless the Parties decide otherwise, the rules of procedure shall ensure that:
(a) each Party has the opportunity to provide initial and rebuttal written submissions;
(b) the Parties have the right to at least one hearing before the panel; subject to subparagraph (g) these hearings shall be open to the public;
(c) the Parties have the right to present and receive written submissions and oral arguments in any of the Parties' official languages;
(d) all submissions and comments made to the panel are available to the other Party;
(e) a Party makes available to the public either Party's written submissions, transcripts of oral statements, and written responses to requests or questions from the panel, subject to subparagraph (g);
(f) the panel allows a non-governmental person of a Party to provide written views regarding the dispute that may assist the panel in evaluating the submissions and arguments of the Parties; and
(g) information designated by either Party for confidential treatment is protected.
3. Unless the Parties decide otherwise, within 15 days of the date of receipt of the request for panel establishment, the terms of reference of the panel shall be:
"To examine, in the light of the relevant provisions of the Agreement, the matter referred to in the request for the establishment of the panel and to make findings, determinations and recommendations as provided in Article 28.11."
4. If the complaining Party claims that a benefit has been nullified or impaired within the meaning of Annex 28-A (Nullification or Impairment), the terms of reference shall so indicate.
5. If a Party so requests, the terms of reference of a panel shall include determining the degree of adverse trade effects on a Party of a measure found:
(a) to be inconsistent with an obligation in the Agreement; or
(b) to have caused nullification or impairment within the meaning of Annex 28-A (Nullification or Impairment).
6. At the request of a Party, or on its own initiative, the panel may seek information and technical advice from a person or body it deems appropriate, subject to those terms and conditions that the Parties may decide upon.
7. The panel may rule on its own jurisdiction.
8. The panel may delegate to the chair authority to make administrative and procedural decisions.
9. The panel, in consultation with the Parties, may modify a time period applicable in the panel proceedings and make other procedural or administrative adjustments required for the fairness or efficiency of the proceeding.