5. The Parties concerned shall discuss appropriate measures to implement the final report of the panel of experts. Such measures shall be communicated to the other Parties within three months from the issuance of the final report and shall be monitored by the Joint Committee.
6. Any time period for the purposes of this Article may be modified by mutual agreement of the Parties concerned.
7. When a panel of experts considers that it cannot comply with a timeframe imposed on it for the purposes of this Article, it shall notify the Parties concerned and the Joint Committee in writing stating the reasons for the delay and provide an estimate of the additional time required. Any additional time should not exceed 30 days.
8. The costs of the panel of experts shall be borne by the Parties concerned in equal shares. Each Party concerned shall bear its own legal and other costs incurred in relation to the panel of experts. The panel of experts may decide that the costs be distributed differently taking into account the particular circumstances of the case.
9. Where a procedural question arises, the panel of experts may, after consultation with the Parties concerned, adopt an appropriate procedure.
Article 9.19. Review
This Chapter shall be subject to periodic review within the framework of the Joint Committee, taking into account the Partiesâ respective participatory processes and institutions. The Parties shall discuss progress achieved in pursuing the objectives set out in this Chapter and consider relevant international developments in order to identify areas where further action could promote these objectives.
Chapter 10. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 10.1. General Provisions
1. The Parties recognise that small and medium-sized enterprises, including micro-sized enterprises (SMEs), contribute significantly to economic growth, employment creation, and innovation.
2. The Parties recognise that non-tariff barriers represent a challenge to the competitiveness of SMEs.
3. The Parties recognise that, in addition to this Chapter, there are other provisions in this Agreement that may be particularly beneficial to SMEs.
4. The Parties seek to promote dialogue and information sharing in order to enhance the ability of SMEs to benefit from the opportunities arising from this Agreement.
Article 10.2. Information Sharing and Transparency
1. Each Party shall make information regarding this Agreement freely available on a publicly accessible website for topics related to SMEs, including:
(a) the text of this Agreement, including its Annexes and Appendices;
(b) a summary of this Agreement;
(c) any information on specific provisions in this Agreement the Party considers as useful for SMEs; and
(d) links to:
(i) the corresponding websites of the other Parties; and
(ii) websites of the Party's own government agencies, authorities and non-governmental entities that provide information the Party considers as useful to any SME interested in trading, investing or doing business in the territory of the Parties.
2. The information in subparagraph 1(d) (ii) shall include:
(a) trade procedures informing interested parties of the practical steps for the import, export and transit of goods;
(b) technical regulations, standards, and measures related to importation and exportation;
(c) sanitary and phytosanitary measures relating to importation and exportation;
(d) a database containing government procurement notices;
(e) company registration procedures; and
(f) descriptions of:
(i) regulations and procedures on intellectual property rights, including geographical indications;
(ii) rules on government procurement; and
(iii) employment regulations, including, where applicable, collective bargaining agreements and their registration procedures.
3. Each Party shall endeavour, as far as practicable in English, to include one or several links on the website in accordance with paragraph 1 to databases which are electronically searchable and include the following information with respect to access to its market:
(a) rates of customs duties and quotas, including MFN rates, rates concerning non-MFN countries and preferential rates;
(b) excise duties;
(c) value added taxes / sales taxes; and
(d) customs or other fees, including other product-specific fees.
4. Each Party shall ensure that the information and links referred to in paragraphs 1 to 3 that it maintains on its website are up-to-date and accurate.
5. Each Party shall make the information provided under paragraphs 1 and 2 available in English.
Article 10.3. SMEs Contact Points and Cooperation
1. The Parties recognise the importance of cooperating to reduce barriers to the access of SMEs to their respective markets.
2. Cooperation between the Parties shall mainly take the form of exchange of information and dialogue on issues of mutual interest and shall be channelled through SMEs contact points.
3. To this end, each Party shall, upon entry into force of this Agreement, promptly designate a SMEs contact point and notify the other Parties of the contact details as well as, thereafter, of any changes to its SMEs contact point.
4. Taking into account the specific needs of SMEs in the implementation of this Agreement, the SMEs contact points shall seek to:
(a) exchange information related to SMEs, including any matter brought to their attention by SMEs in their trade and investment activities with another Party such as non-tariff measures adversely affecting trade outcomes;
(b) cooperate to develop digital windows that facilitate the efforts of SMEs to establish operations in another Party;
(c) exchange information related to the participation of SMEs in e-commerce, with a view to assisting SMEs to take advantage of the opportunities arising from this Agreement;
(d) promote awareness, understanding, and effective use of the Partiesâ intellectual property systems among SMEs;
(e) recommend any additional information that the Parties may publish pursuant to Article 10.2 (Information Sharing and Transparency); and
(f) consider any other matters of interest to SMEs.
5. Any Party may raise matters arising under this Chapter in the Joint Committee. 6. In carrying out their activities, the SMEs contact points may cooperate with experts, external organisations and relevant stakeholders, as appropriate.
Article 10.4. Dispute Settlement
No Party shall have recourse to Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 11. COOPERATION
Article 11.1. Objectives and Scope
The Parties declare their readiness to foster trade and economic cooperation in order to facilitate the implementation of the overall objectives of this Agreement, in particular to enhance trading and investment opportunities arising from this Agreement and contribute to sustainable development.
Article 11.2. Methods and Means
1. Cooperation and technical assistance provided by the EFTA States for the implementation of this Chapter shall be carried out through programmes administered by the EFTA Secretariat.
2. Means of cooperation and technical assistance may include:
(a) exchange of information, including through facilitating contacts between relevant institutions;
(b) implementation of joint actions such as seminars and workshops; and
(c) technical and administrative assistance.
Article 11.3. Fields of Cooperation
Cooperation and technical assistance may cover any topics jointly identified by the Parties that may serve to enhance the Parties' and their economic operators' capacities to benefit from trade and investment opportunities, including:
(a) promotion and facilitation of trade in goods and services between the Parties, and promotion of market opportunities, in particular for SMEs;
(b) customs and origin matters, including vocational training in the customs field;
(c) technical regulations including conformity assessment procedures, sanitary and phytosanitary measures and standardisation;
(d) regulatory assistance and implementation of laws in areas such as intellectual property rights and government procurement; and
(e) regulatory assistance and implementation of domestic laws and regulations concerning trade related aspects of labour and environment issues.
Article 11.4. Dispute Settlement
No Party shall have recourse to Chapter 13 (Dispute Settlement) for any matter arising under this Chapter
Article 11.5. Contact Points
The Parties shall exchange names and addresses of designated contact points for matters pertaining to the implementation of this Chapter.
Chapter 12. INSTITUTIONAL PROVISIONS
Article 12.1. The Joint Committee
1. The Parties hereby establish the Ukraine-EFTA Joint Committee. It shall be composed of representatives of the Parties, which shall be headed by Ministers or by senior officials delegated by them for this purpose.
2. The Joint Committee shall:
(a) supervise and review the implementation of this Agreement, inter alia by means of a comprehensive review of the application of the provisions of this Agreement, with due regard to any specific reviews provided for in this Agreement;
(b) keep under review the possibility of further removal of barriers to trade and other restrictive measures concerning trade between Ukraine and the EFTA States;
(c) oversee the further development of this Agreement;
(d) supervise the work of all sub-committees and working groups established under this Agreement;
(e) endeavour to resolve disputes that may arise regarding the interpretation or application of this Agreement; and
(f) consider any other matter that may affect the operation of this Agreement.
3. The Joint Committee may decide to set up such sub-committees and working groups as it considers necessary to assist it in accomplishing its tasks. Except where otherwise provided for in this Agreement, the sub-committees and working groups shall work under a mandate established by the Joint Committee.
4. The Joint Committee shall take decisions as provided for in this Agreement, and may make recommendations, by consensus.
5. The Joint Committee shall meet within two years of the entry into force of this Agreement. Thereafter, it shall meet whenever necessary upon mutual agreement but normally every two years. Its meetings shall be chaired jointly by Ukraine and one of the EFTA States. The Joint Committee shall establish its rules of procedure.
6. Each Party may request at any time, through a notice in writing to the other Parties, that a special meeting of the Joint Committee be held. Such a meeting shall take place within 30 days of receipt of the request, unless the Parties agree otherwise.
7. The Joint Committee may decide to amend the Annexes and Protocols to this Agreement. Such amendment shall enter into force as set forth in the amending decision taken by the Joint Committee.
Chapter 13. DISPUTE SETTLEMENT
Article 13.1. Scope and Coverage
1. The provisions of this Chapter shall apply with respect to the settlement of any disputes concerning the interpretation or application of this Agreement, except as otherwise provided in this Agreement.
2. Disputes regarding the same matter arising under both this Agreement and the WTO Agreement may be settled in either forum at the discretion of the complaining Party. (10) The forum thus selected shall be used to the exclusion of the other.
3. For purposes of paragraph 2, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Partyâs request for the establishment of a panel under Article 6 of the WTO Dispute Settlement Understanding, whereas dispute settlement proceedings under this Agreement are deemed to be initiated upon a request for arbitration pursuant to paragraph 1 of Article 13.4 (Establishment of Arbitration Panel).
4. Before a Party initiates dispute settlement proceedings under the WTO Agreement against another Party, that Party shall notify all other Parties of its intention.
Article 13.2. Good Offices, Conciliation or Mediation
1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the Parties so agree. They may begin and be terminated at any time. They may continue while procedures of an arbitration panel established in accordance with this Chapter are in progress.
2. Proceedings involving good offices, conciliation and mediation shall be confidential and without prejudice to the Partiesâ rights in any other proceedings.
Article 13.3. Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to reach a mutually satisfactory resolution of any matter raised in accordance with this Article.
2. A Party may request in writing consultations with another Party if it considers that a measure or other matter is inconsistent with this Agreement. The Party requesting consultations shall at the same time notify the other Parties in writing thereof. The Party to which the request is made shall reply to the request within ten days after the receipt. Consultations shall take place in the Joint Committee unless the Parties making and receiving the request for consultations agree otherwise.
3. Consultations shall commence within 30 days from the receipt of the request for consultations. Consultations on urgent matters, including those on perishable goods, shall commence within 15 days from the receipt of the request for consultations. If the Party to which the request is made does not reply within ten days or does not enter into consultations within 30 days from the receipt of the request for consultations, or within 15 days for urgent matters, the Party making the request is entitled to request the establishment of an arbitration panel in accordance with Article 13.4 (Establishment of Arbitration Panel).
4. The parties to the dispute shall provide sufficient information to enable a full examination of how the measure or other matter is inconsistent with this Agreement and treat any confidential or proprietary information exchanged in the course of consultations in the same manner as the Party providing the information.
5. The consultations shall be confidential and without prejudice to the rights of the Parties in any further proceedings.
6. The parties to the dispute shall inform the other Parties of any mutually agreed resolution of the matter.
Article 13.4. Establishment of Arbitration Panel
1. If the consultations referred to in Article 13.3 (Consultations) fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, after the receipt of the request for consultations by the Party complained against, it may be referred to an arbitration panel by means of a written request from the complaining Party to the Party complained against. A copy of this request shall be communicated to the other Parties so that they may determine whether to participate in the dispute.
2. The request for arbitration shall identify the specific measure or other matter at issue and provide a brief summary of the legal basis of the complaint.
3. The arbitration panel shall comprise three members who shall be nominated in accordance with the âOptional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitrationâ, effective 20 October 1992 (the Optional Rules). The date of establishment of the arbitration panel shall be the date on which the Chairperson is appointed.
4. Unless the parties to the dispute otherwise agree within 20 days from the date of receipt of the request for the establishment of the arbitration panel, the terms of reference for the arbitration panel shall be:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 13.4 (Establishment of Arbitration Panel) and to make findings of law and fact together with the reasons therefor, as well as recommendations, if any, for the resolution of the dispute and the implementation of the ruling."
5. Where more than one Party requests the establishment of an arbitration panel relating to the same matter or where the request involves more than one defending Party, and whenever feasible, a single arbitration panel should be established to examine complaints relating to the same matter.
6. A Party which is not a party to the dispute shall be entitled, on delivery ofa written notice to the parties to the dispute, to make written submissions to the arbitration panel, receive written submissions, including annexes, from the parties to the dispute, attend hearings and make oral statements.
Article 13.5. Procedures of the Arbitration Panel
1. Unless otherwise specified in this Agreement or agreed between the parties to the dispute, the procedures of the arbitration panel shall be governed by the Optional Rules.
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel in the light of the relevant provisions of this Agreement interpreted in accordance with rules of interpretation of public international law.
3. Unless the parties to the dispute agree otherwise, the hearings of the arbitration panel shall take place in Geneva. The language of any proceeding shall be English. The hearings of the arbitration panel shall be open to the public unless the parties to the dispute agree otherwise.
4. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration.
5. A Partyâs written submissions, written versions of oral statements and responses to questions put by an arbitration panel, shall, at the same time as it is submitted to the arbitration panel, be transmitted by that Party to the other party to the dispute and any other Party that has delivered a notice pursuant to paragraph 6 of Article 13.4 (Establishment of Arbitration Panel).
6. The Parties shall treat as confidential the information submitted by any other Party to the arbitration panel which that Party has designated as confidential.
7. Decisions of the arbitration panel shall be taken by a majority of its members. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel may not disclose which members are associated with majority or minority opinions.
Article 13.6. Arbitration Panel Reports
1. The arbitration panel should, as a general rule, submit an initial report containing its findings and ruling to the parties to the dispute not later than 90 days from the establishment of the arbitration panel. In no case should it do so later than five months from this date. A party to the dispute may submit written comments to the arbitration panel on its initial report within 14 days of receipt of the report. The arbitration panel shall present to the parties to the dispute a final report within 30 days of their receipt of the initial report.
2. The final report, as well as any ruling under Articles 13.8 (Implementation of Final Report) and 13.9 (Compensation and Suspension of Benefits), shall be communicated to the Parties. The reports shall be made public, unless the parties to the dispute decide otherwise.
3. Any tuling of the arbitration panel under any provision of this Chapter shall be final and binding upon the parties to the dispute.
Article 13.7. Suspension or Termination of Arbitration Panel Proceedings
1. Where the parties to the dispute agree, an arbitration panel may suspend its work at any time for a period not exceeding twelve months. If the work of an arbitration panel has been suspended for more than twelve months, the arbitration panelâs authority for considering the dispute shall lapse unless the parties to the dispute agree otherwise.
2. A complaining Party may withdraw its complaint at any time before the final report has been issued. Such withdrawal is without prejudice to its right to introduce a new complaint regarding the same issue at a later point in time.
3. The parties to the dispute may agree at any time to terminate the proceedings of an arbitration panel established under this Agreement by jointly notifying the Chairperson of that arbitration panel.
4. An arbitration panel may, at any stage of the proceedings prior to release of the final report, propose that the parties to the dispute seek to settle the dispute amicably.
Article 13.8. Implementation of Final Report
1. The Party concerned shall promptly comply with the ruling of the arbitration panel. If it is impracticable to comply immediately, the parties to the dispute shall endeavour to agree on a reasonable period of time to do so. In the absence of such agreement within 30 days from the date of the issuance of the final report, a party to the dispute may request the original arbitration panel to determine the length of the reasonable period of time, in light of the particular circumstances of the case. The ruling of the arbitration panel should be given within 30 days from that request.
2. The party to the dispute concerned shall notify the other party to the dispute of the measure adopted in order to comply with the ruling of the arbitration panel, as well as provide a detailed description of how the measure ensures compliance sufficient to allow the other party to the dispute to assess the measure.
3. In case of disagreement as to the existence of a measure complying with the ruling of the arbitration panel or to the consistency of that measure with the ruling of the arbitration panel, such dispute shall be decided by the same arbitration panel before compensation can be sought or suspension of benefits can be applied in accordance with Article 13.9 (Compensation and Suspension of Benefits). The ruling of the arbitration panel shall normally be rendered within 90 days.
Article 13.9. Compensation and Suspension of Benefits
1. If the Party concerned fails to properly comply with the ruling in the final report within a reasonable period of time as provided for in paragraph 1 of Article 13.8 (Implementation of Final Report), that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on a mutually acceptable compensation. If no such agreement has been reached within 20 days from the request, the complaining Party shall be entitled to suspend the application of benefits granted under this Agreement but only equivalent to those affected by the measure or matter that the arbitration panel has found to be inconsistent with this Agreement.
2. In considering what benefits to suspend, the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or matter that the arbitration panel has found to be inconsistent with this Agreement. The complaining Party that considers it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.
3. The complaining Party shall notify the other party to the dispute of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 45 days from that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or modified. The ruling of the arbitration panel shall be given within 30 days from the date of that request.
Article 13.10. Other Provisions
1. Whenever possible, the arbitration panel referred to in Articles 13.8 (Implementation of Final Report) and 13.9 (Compensation and Suspension of Benefits) shall comprise the same panellists who issued the final report. Ifa member of the original arbitration panel is unavailable, the appointment of a replacement panellist shall be conducted in accordance with the selection procedure for the original panellist.
2. Any time period mentioned in this Chapter may be modified by mutual agreement of the Parties involved.
Chapter 14. FINAL PROVISIONS
Article 14.1. Fulfilment of Obligations
The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement.
Article 14.2. Annexes, Protocols and Appendices
The Annexes and Protocols to this Agreement, including their Appendices, are an integral part thereof.
Article 14.3. Amendments
1. The Parties may agree on any amendment to this Agreement. Amendments to this Agreement other than those referred to in paragraph 7 of Article 12.1 (The Joint Committee) shall, after consideration by the Joint Committee, be submitted to the Parties for ratification, acceptance or approval.
2. Unless otherwise agreed by the Parties, amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.