3. A Party adopting or maintaining such restrictions shall promptly notify the other Parties.
Article 5.14. Exceptions
The rights and obligations of the Parties in respect of general exceptions shall be governed by Article XIV of the GATS, which is hereby incorporated into and made part of this Chapter, mutatis mutandis.
Article 5.15. Review Clause
The EFTA States and Ukraine affirm their commitment to review the investment framework and the flow of investment between their territories consistent with their commitments in international investment agreements not later than three years after entry into force of this Agreement and in regular intervals thereafter.
Chapter 6. PROTECTION OF INTELLECTUAL PROPERTY
Article 6.1. Protection of Intellectual Property
1. The Parties shall grant and ensure adequate, effective and non-discriminatory protection of intellectual property rights, and provide for measures for the enforcement of such rights against infringement thereof, including counterfeiting and piracy, in accordance with this Chapter and Annex XIII (Protection of Intellectual Property Rights), and the international agreements referred to therein.
2. The Parties shall accord to each other’s nationals’ treatment no less favourable than that they accord to their own nationals in respect of rights provided under this Chapter, subject to the exceptions provided in the TRIPS Agreement and in the multilateral agreements administered by the World Intellectual Property Organization (WIPO) not referred to in the TRIPS Agreement.
3. The Parties shall grant to each otherâs nationalsâ treatment no less favourable than that accorded to nationals of a non-party. If a Party concludes a trade agreement containing provisions on the protection of intellectual property rights with a non-Party, notified under Article XXIV of the GATT 1994, it shall notify the other Parties without delay and accord to them treatment no less favourable than that provided under such agreement. The Party concluding such an agreement shall, on request by another Party, negotiate the incorporation of provisions of the agreement granting a treatment no less favourable than that provided under that agreement into this Agreement. Exemptions from this obligation must be in accordance with the substantive provisions of the TRIPS Agreement, in particular Articles 4 and 5.
4. On request of a Party, the Joint Committee shall review this Chapter and Annex XIII (Protection of Intellectual Property Rights), with a view to further improving the levels of protection and to avoiding or remedying trade distortions caused by actual levels of protection of intellectual property rights.
Chapter 7. GOVERNMENT PROCUREMENT
Article 7.1. Scope and Coverage
1. The WTO Revised Agreement on Government Procurement 2012 (GPA 2012 or GPA) applies and is hereby incorporated into and made part of this Agreement, mutatis mutandis.
2. For the purposes of this Chapter, "covered procurement" means procurement in accordance with Article II of the GPA and, in addition, works concessions as defined in Annex XIV (Government Procurement).
3. The Parties shall co-operate in the Joint Committee with the aim of increasing the understanding of their respective public procurement systems and achieving further liberalisation and mutual opening up of public procurement markets.
Article 7.2. Exchange of Information
To facilitate communication between the Parties on government procurement, Annex XIV (Government Procurement) lists contact points which shall, upon request, provide information on the Partiesâ domestic laws, regulations and practices in the field of government procurement.
Article 7.3. Sustainable Public Procurement
1. The Parties recognise the importance of promoting sustainable public procurement in its economic, environmental, and social dimensions to contribute to the proper functioning of competition and sustainable economic growth.
2. Each Party shall allow procuring entities to take into account environmental, labour and social considerations throughout the procurement procedure, provided they are non-discriminatory and are not applied in a discriminatory manner.
3. Each Party shall take appropriate measures to ensure compliance with its obligations under environmental, social, and labour laws and regulations, including those established under Chapter 9 (Trade and Sustainable Development).
Article 7.4. Facilitation of Participation of SMEs
1. The Parties recognise the important contribution of SMEs to economic growth and employment, and the importance of facilitating their participation in government procurement.
2. If available, a Party shall, upon request of another Party, provide information regarding its measures aimed at promoting, encouraging, and facilitating the participation of SMEs in government procurement.
3. With a view to facilitating participation by SMEs in government procurement, each Party shall, to the extent possible, and if appropriate:
(a) share information and best practices related to the participation of SMEs in government procurement,
(b) make all tender documentation available free of charge; and
(c) undertake activities aimed at facilitating the participation of SMEs in government procurement.
Article 7.5. Ensuring Integrity In Procurement Practices
1. Each Party shall ensure that criminal or administrative measures exist to address corruption in its government procurement. These measures may include procedures to render ineligible for participation in the Party's procurements, either indefinitely or for a stated period, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions.
2. Each Party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement.
Article 7.6. Further Negotiations
If a Party grants, after the entry into force of this Agreement, additional benefits with regard to access to its public procurement markets to a non-Party, it shall, upon request of another Party, enter into negotiations with a view to extending these benefits to that Party on a reciprocal basis.
Chapter 8. COMPETITION
Article 8.1. Rules of Competition Concerning Undertakings
1. The following practices are incompatible with the proper functioning of this Agreement in so far as they may affect trade between an EFTA State and Ukraine:
(a) agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition in the territory of each Party;
(b) abuse by one or more undertakings of a dominant position in the territory of each Party.
2. The provisions of paragraph 1 shall also apply to the activities of public undertakings, and undertakings to which the Parties grant special or exclusive rights, in so far as the application of these provisions does not obstruct the performance, in law or in fact, of the particular public tasks assigned to them.
3. Nothing in paragraph 2 shall be construed as preventing a Party from establishing or maintaining a public enterprise, entrusting enterprises with special or exclusive rights or maintaining such rights.
4. The provisions of paragraphs 1 and 2 shall not be construed so as to create any direct obligations for undertakings.
5. The Parties recognise the importance of cooperation and consultations with the aim of putting an end to anticompetitive practices as outlined in paragraphs 1 and 2 or their adverse effects on trade. The Parties may conduct such cooperation and consultations through their competent authorities. Cooperation shall include the exchange of pertinent information that is available to the Parties. No Party shall be required to disclose information that is confidential according to its law.
6. To foster understanding between the Parties, or to address any matter arising under this Chapter, and without prejudice to the autonomy of each Party to develop, maintain and enforce its competition policy and legislation, a Party may request consultations within the Joint Committee. This request shall indicate the reasons for the consultations. Consultations in accordance with Article 13.3 (Consultations) shall be held promptly with a view to reaching a conclusion consistent with the objectives set forth in this Chapter. The Parties concerned shall give to the Joint Committee all the support and information needed.
7. With the exception of the right for consultations in accordance with paragraph 6, no Party shall have recourse to Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 9. TRADE AND SUSTAINABLE DEVELOPMENT
Article 9.1. Context and Objectives
1. The Parties recall the Stockholm Declaration on the Human Environment of 1972, the Rio Declaration on Environment and Development of 1992, Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the ILO Declaration on Fundamental Principles and Rights at Work of 1998, as amended in 2022, the United Nations Economic and Social Council (ECOSOC) ministerial declaration on generating full and productive employment and decent work for all of 2006, the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022, the ILO Centenary Declaration for the Future of Work of 2019, the Rio+20 Outcome Document "The Future We Want" of 2012 and the UN 2030 Agenda for Sustainable Development of 2015.
2. The Parties shall promote sustainable development which encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing. They underline the benefit of cooperation on trade and investment related aspects of labour and environmental issues as part of a global approach to trade and sustainable development.
3. The Parties commit to promote the development of international trade and investment as well as their preferential economic relationship in a manner that is beneficial to all and that contributes to sustainable development.
Article 9.2. Right to Regulate and Levels of Protection
1. Recognising the right of each Party, subject to the provisions of this Agreement, to establish its own level of environmental and labour protection, and to adopt or modify accordingly its relevant domestic laws and regulations, policies and practices, each Party shall seek to ensure that its domestic laws and regulations, policies and practices provide for and encourage high levels of environmental and labour protection, consistent with standards, principles and agreements referred to in this Chapter. Each Party shall strive to further improve the level of protection provided for in those domestic laws and regulations, policies and practices.
2. When preparing and implementing measures related to the environment or labour conditions that affect trade or investment between them, the Parties shall take account of available scientific, technical and other information, and relevant international standards, guidelines and recommendations.
Article 9.3. Upholding Levels of Protection In the Application and Enforcement of Laws, Regulations or Standards
1. No Party shall fail to effectively enforce its environmental and labour laws, regulations or standards in a manner affecting trade or investment between the Parties.
2. No Party shall weaken or reduce the level of environmental or labour protection provided by its domestic laws, regulations or standards with the sole intention to seek a competitive trade advantage of producers or service providers operating in that Party or to otherwise encourage trade or investment.
3. No Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, such domestic laws, regulations or standards in order to encourage investment from another Party or to seek a competitive trade advantage of producers or service providers operating in that Party.
Article 9.4. Procedural Guarantees
Each Party shall ensure that administrative and judicial proceedings comply with due process of law, are accessible and available in order to allow for timely actions against violations of its environmental or labour laws or regulations and provide for effective remedies.
Article 9.5. Public Participation, Awareness and Submissions
1. Each Party shall encourage public dialogue with and among non-state actors as regards the development of laws, regulations and policies covered by this Chapter.
2. Each Party shall promote public awareness of its laws, regulations and policies covered by this Chapter, as well as enforcement and compliance procedures, by ensuring the availability of information to stakeholders.
3. The Parties shall provide their stakeholders with the opportunity to share comments and make recommendations regarding the implementation of this Chapter, in accordance with domestic procedures.
4. Each Party shall provide for the receipt and give due consideration to submissions from the public on matters related to this Chapter, including information regarding the Partyâs implementation of this Chapter. Each Party shall, in accordance with its domestic procedures, respond in writing and in a timely manner to such submissions.
Article 9.6. International Labour Standards and Agreements
1. The Parties commit to promote the development of international trade and investment in a way that is conducive to full and productive employment and decent work for all.
2. The Parties recall the obligations deriving from membership of the ILO, including the obligations in respect of the fundamental principles and rights at work as reflected in the ILO Declaration on Fundamental Principles and Rights at Work of 1998, as amended in 2022. They commit to respect, promote and realise the principles concerning the fundamental rights, namely:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour;
(d) the elimination of discrimination in respect of employment and occupation; and
(e) a safe and healthy working environment.
3. The Parties recall the obligations deriving from membership of the ILO to effectively implement the ILO Conventions which they have ratified and to make continued and sustained efforts towards ratifying the fundamental ILO Conventions and related protocols, the governance Conventions as well as the other Conventions that are classified as âup to dateâ by the ILO.
4. The Parties recognise the importance of the strategic objectives of the ILO Decent Work Agenda, as reflected in the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022 (ILO Declaration on Social Justice for a Fair Globalization).
5. The Parties commit to:
(a) develop and enhance measures for social protection and decent working conditions for all, including with regard to social security, occupational safety and health, wages and earnings, working time and other conditions of work;
(b) promote social dialogue and tripartism; and
(c) build and maintain a well-functioning labour inspection system.
6. Each Party shall ensure that administrative and judicial proceedings are accessible and available in order to permit effective action to be taken against infringements of labour rights referred to in this Chapter.
7. The Parties reaffirm, as set out in the ILO Declaration on Social Justice for a Fair Globalization, that the violation of fundamental principles and rights at work shall not be invoked or otherwise used as a legitimate comparative advantage and that labour standards shall not be used for protectionist trade purposes.
Article 9.7. Inclusive Economic Development and Equal Opportunities for All
1. The Parties acknowledge the importance of incorporating a gender perspective in the promotion of inclusive economic development and that gender-responsive policies are key elements to enhance the participation of all in the economy and international trade in order to achieve sustainable economic growth.
2. The Parties reaffirm their commitment to implement in their domestic laws and regulations, policies and practices the international agreements pertaining to gender equality or non-discrimination to which they are a party.
Article 9.8. Multilateral Environmental Agreements and International Environmental Governance
1. The Parties recognise the importance of multilateral environmental agreements and international environmental governance as a response of the international community to global or regional environmental challenges and stress the need to enhance the mutual supportiveness between trade and environment policies.
2. The Parties reaffirm their commitment to the effective implementation in their domestic laws and regulations, policies and practices of the multilateral environmental agreements to which they are a party, as well as their adherence to environmental principles reflected in the international instruments referred to in Article 9.1 (Context and Objectives).
Article 9.9. Sustainable Forest Management and Associated Trade
1. The Parties recognise the importance of ensuring conservation and sustainable management of forests and related ecosystems with the objective to reduce greenhouse gas emissions and biodiversity loss resulting from deforestation and forest degradation, including from land use and land-use change for agricultural and mining activities.
Pursuant to paragraph 1, the Parties commit to:
(a) ensure effective forest law enforcement and governance;
(b) promote trade in products that derive from sustainably managed forests and related ecosystems;
(c) implement measures to combat illegal logging and promote the development and use of timber legality assurance instruments to ensure that only legally sourced timber is traded between the Parties;
(d) promote the effective use of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with particular tegard to timber species; and
(e) cooperate on issues pertaining to conservation and sustainable management of forests, mangroves and peatlands where relevant through existing bilateral arrangements if applicable and in the relevant multilateral fora in which they participate, in particular through the United Nations collaborative initiative on Reducing Emissions from Deforestation and Forest Degradation (REDD+) as encouraged by the Paris Agreement of 2015 (Paris Agreement).
Article 9.10. Trade and Climate Change
1. The Parties recognise the importance of pursuing the objectives of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement in order to address the urgent threat of climate change and the role of trade and investment in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) effectively implement the UNFCCC and the Paris Agreement;
(b) promote the contribution of trade and investment to the transition to a low- carbon-economy and to climate-resilient development; and
(c) cooperate bilaterally, regionally and in international fora, as appropriate, on trade-related climate change issues.
Article 9.11. Trade and Biological Diversity
1. The Parties recognise the importance of the conservation and sustainable use of biological diversity, and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) promote the inclusion of animal and plant species in the appendices to CITES where a species is threatened or may be threatened with extinction;
(b) implement effective measures to combat transnational organised wildlife crime throughout the entire value chain, including with respect to non- parties;
(c) enhance efforts to prevent or control the introduction and spread of invasive alien species, in connection with trade activities; and
(d) cooperate, where applicable, on issues concerning trade and the conservation and sustainable use of biological diversity, including initiatives to reduce demand for illegal wildlife products.
Article 9.12. Trade and Sustainable Management of Fisheries and Aquaculture
1. The Parties recognise the importance of ensuring the conservation and sustainable management of living marine resources and marine ecosystems and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) implement comprehensive, effective and transparent policies and measures to combat illegal, unreported and unregulated (IUU) fishing and aim to prevent IUU products from trade flows;
(b) effectively implement in their domestic laws, regulations, policies and practices the international agreements to which they are a party;
(c) promote the use of relevant international guidelines including the FAO Voluntary Guidelines for Catch Documentation Schemes;
(d) cooperate bilaterally and in relevant international fora in the fight against IUU fishing by, inter alia, facilitating the exchange of information on IUU fishing activities;
(e) the fulfilment of the objectives set out in the 2030 Agenda for Sustainable Development regarding fisheries subsidies, including by prohibiting certain forms of fisheries subsidies which contribute to overfishing and overcapacity and eliminate subsidies that contribute to IUU fishing; and
(f) promote the development of sustainable and responsible aquaculture.
Article 9.13. Trade and Sustainable Agriculture and Food Systems
1. The Parties recognise the importance of sustainable agriculture and food systems and the role of trade in achieving this objective. The Parties reiterate their shared commitment to achieve the 2030 Agenda for Sustainable Development and its Sustainable Development Goals.
2. Pursuant to paragraph 1, the Parties commit to:
(a) promote sustainable agriculture and associated trade;
(b) promote sustainable food systems; and
(c) cooperate, as appropriate, on issues concerning trade and sustainable agriculture and food systems, including through exchanging information, experience and good practices, conducting a dialogue on their respective priorities, and reporting on progress made in achieving sustainable agriculture and food systems.
Article 9.14. Promotion of Trade and Investment Favouring Sustainable Development
1. The Parties recognise the important role of trade and investment in promoting sustainable development in all its dimensions.
2. Pursuant to paragraph 1, the Parties undertake to:
(a) promote and facilitate foreign investment, trade in and dissemination of goods and services that contribute to sustainable development, including those subject to ecological, fair or ethical trade schemes;
(b) promote the development and use of sustainability certification schemes that enhance transparency and traceability throughout the supply chain;
(c) address non-tariff barriers to trade in goods and services that contribute to sustainable development;
(d) promote the contribution of trade and investment towards a resource efficient and circular economy;
(e) promote sustainable procurement practices; and
(f) encourage cooperation between enterprises in relation to goods, services and technologies that contribute to sustainable development.
Article 9.15. Responsible Business Conduct
The Parties commit to promote responsible business conduct, including by encouraging relevant practices such as responsible management of supply chains by businesses. In this regard, the Parties acknowledge the importance of internationally recognised principles and guidelines, such as the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the UN Global Compact and the UN Guiding Principles on Business and Human Rights.
Article 9.16. Cooperation
1. The Parties shall strive to strengthen their cooperation on trade and investment related labour and environmental issues of mutual interest referred to in this Chapter bilaterally as well as in the international fora in which they participate.
2. Each Party may, as appropriate, invite the participation of social partners or other relevant stakeholders in identifying possible areas of cooperation.
Article 9.17. Implementation and Consultations
1. The Parties, shall, upon the entry into force of this Agreement, designate a contact point for the implementation of this Chapter.
2. A Party may, through the contact points referred to in paragraph 1, request consultations with another Party regarding any matter arising under this Chapter. The consultations shall take place in the Joint Committee. The Parties concerned shall make every attempt to reach a mutually satisfactory resolution of the matter and may seek advice from relevant organisations, bodies or experts.
3. The Parties may have recourse to Articles 13.2 (Good Offices, Conciliation or Mediation) and 13.3 (Consultation).
4. No Party shall have recourse to arbitration under Chapter 13 (Dispute Settlement) for matters arising under this Chapter.
5. The Parties shall provide their stakeholders with the opportunity to share comments and make recommendations regarding the implementation of this Chapter.
Article 9.18. Panel of Experts
1. If the Parties concerned fail to reach a mutually satisfactory resolution of a matter arising under this Chapter through consultations under Article 13.3 (Consultations), a Party concerned may request the establishment of a panel of experts. Articles 13.4 (Establishment of Arbitration Panel) and 13.5 (Procedures of the Arbitration Panel) shall apply mutatis mutandis, except as otherwise provided for in this Article.
2. Each panellist shall:
(a) have relevant expertise in law, including international trade law, international labour law or international environmental law and other matters covered by this Chapter;
(b) be independent of, and not be affiliated with or take instructions from a Party,
(c) serve in their individual capacities and shall not take instructions from any organisation or government with regard to issues related to the disagreement;
(d) be chosen strictly on the basis of objectivity and reliability.
3. The panel of experts should seek information or advice from a Party concerned, relevant international organisations or bodies. Any information obtained shall be submitted to the Parties concerned for their comments.
4. The panel of experts shall submit an initial report containing its findings and recommendations to the Parties concerned within 90 days from the establishment of the panel of experts. A Party concerned may submit written comments to the panel of experts on its initial report within 14 days from the receipt of the report. After considering any such written comments, the panel of experts may modify the initial report and make any further examination it considers appropriate. The panel of experts shall present to the Parties concerned a final report within 30 days from the receipt of the initial report. The final report shall be made public.