Article 4.21. Customs Committee
1. The Parties hereby establish a customs committee (hereinafter referred to as the "Customs Committee"), composed of the customs authorities of the Parties and other competent authorities, if the Parties deem it necessary. The Customs Committee shall be responsible for addressing rules of origin, origin procedures, trade facilitation, and customs matters.
2. The Customs Committee shall ensure the proper functioning of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures) and examine all issues arising from their application.
3. The functions of the Customs Committee shall include:
(a) ensuring the effective, uniform, and consistent administration of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures);
(b) revising Annex 3-A (Product Specific Rules of Origin) on the basis of the transposition of the HS;
(c) advising the Joint Commission of proposed solutions to address issues related to:
(i) interpretation, application, and administration of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures);
(ii) tariff classification and customs valuation;
(iii) calculation of the regional value content; and
(iv) issues arising from the adoption by either Party of operational practices not in conformity with this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) which may adversely affect the flow of trade between the Parties;
(d) adopting customs practices and standards which facilitate commercial exchange between the Parties, according to the international standards;
(e) resolving any issues related to interpretation, application, and administration of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures), including tariff classification. If the Customs Committee does not reach a decision on the tariff classification, the Parties shall hold the appropriate consultations at the WCO. The recommendations of the WCO HS Committee or the Council shall be binding between the Parties;
(f) presenting proposals for the Joint Commission's approval on modifications under Article 3.17 (Consultation and Modification), in the event a consensus is reached between the Parties; and
(g) working on the development of an electronic certification and verification system.
4. The Customs Committee may formulate resolutions, recommendations or opinions which it considers necessary for the attainment of the common objectives and the functioning of the mechanisms established in this Chapter and Chapter 3 (Rules of Origin and Origin Procedures).
5. The Customs Committee shall meet every year, or as otherwise agreed, alternating between the Parties.
6. The Customs Committee shall report to the Joint Commission on the results of each of its meetings.
Article 4.22. Implementation
1. The Parties commit to undertake further understandings, under the framework of this Chapter, in order to facilitate the implementation of the obligations and duties mentioned above in this Chapter.
2. The customs authorities of the Parties shall decide on all practical measures and arrangements necessary for the application of this Chapter, taking into consideration the rules in force, in particular in the field of data protection. They may recommend to the competent bodies the developing of complementary instruments for the application of this Chapter.
3. The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Chapter.
Section C. Definitions
Article 4.23. Definitions
For purposes of this Chapter:
applicant authority means a competent administrative authority which has been appointed by a Party to make a request for assistance;
customs authority means:
(a) for Korea, the Ministry of Strategy and Finance, or the Korea Customs Service, or their successors; and
(b) for Colombia, the Directorate of National Taxes and Customs (Dirección de Impuestos y Aduanas Nacionales) or its successor notified in writing to the other Party;
customs law means such laws and regulations administered and enforced by the customs administration of each Party concerning the importation, exportation, and transit/transhipment of goods, as they relate to customs duties, charges, and other taxes, or to prohibitions, restrictions, and other similar controls with respect to the movement of controlled items across the boundary of the customs territory of each Party;
customs procedures means the treatment applied by each customs administration to goods and means of transport that are subject to customs control;
goods means all goods falling within Chapters 1 through 97 of the HS, irrespective of the scope of this Agreement;
means of transport means various types of vessels, vehicles, aircraft, and pack-animals which enter or leave the territory carrying persons, goods, or articles;
operation in breach of customs law means any violation or attempted violation of customs legislation of any of the Parties;
personal data means all information related to an identified or identifiable person; and
requested authority means a competent administrative authority which has been appointed by a Party to receive a request for assistance.
Chapter Five. Sanitary and Phytosanitary Measures
Article 5.1. Objective
The objective of this Chapter is to protect human, animal, or plant life or health in the Parties' territories while minimizing the negative effects of sanitary and phytosanitary measures on trade between the Parties.
Article 5.2. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
Article 5.3. Rights and Obligations
The Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement, taking into account guidelines, procedures, and information from the Codex Alimentarius Commission, the International Plant Protection Convention (IPPC), and the World Organization for Animal Health (OIE).
Article 5.4. Risk Assessment
Risk assessment on a Party's sanitary and phytosanitary measures shall be conducted and evaluated by the relevant regulatory agencies of each Party. A Party shall endeavor to give due consideration to a request for risk assessment of the other Party.
Article 5.5. Committee on Sanitary and Phytosanitary Measures
1. The Parties hereby agree to establish a Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the "Committee") comprising representatives of each Party's competent authorities who have responsibility for sanitary and phytosanitary matters.
2. The objective of the Committee is to discuss matters related to the development or application of sanitary and phytosanitary measures that affect, or may affect, trade between the Parties. For this purpose, the Committee shall:
(a) monitor the implementation of the SPS Agreement;
(b) enhance mutual understanding of each Party's sanitary and phytosanitary measures;
(c) strengthen communication and cooperation between the Parties' competent authorities responsible for the matters covered by this Chapter;
(d) facilitate the exchange of information on regulations, procedures, or any change in sanitary status that may affect trade between the Parties;
(e) encourage expeditious notification for the approval of exporting establishments in order to pursue transparency regarding sanitary and phytosanitary measures;
(f) discuss issues, positions, and agendas for meetings of the WTO Committee on Sanitary and Phytosanitary Measures, the Codex Alimentarius Commission, the World Organization for Animal Health (OIE), the relevant international and regional organizations operating within the framework of the International Plant Protection Convention (IPPC), and other international and regional fora on food safety and on human, animal, or plant life or health; and
(g) provide channels for discussion of problems arising from the application of certain sanitary and phytosanitary measures and the application of this Chapter with a view to seeking mutually acceptable ideas.
3. The Parties shall establish the Committee not later than 45 days after the date of entry into force of this Agreement through an exchange of letters identifying the primary representative of each Party to the Committee and establishing the Committee's terms of reference.
4. The Committee shall meet every two years unless the Parties otherwise agree. The Committee may meet in person or by any technological means available to the Parties.
5. The Committee shall be coordinated by:
(a) for Korea, the Ministry for Food, Agriculture, Forestry and Fisheries, or its successor; and
(b) for Colombia, the Colombian Agriculture and Livestock Institute (Instituto Colombiano Agropecuario – ICA) under the Ministry of Agriculture and Rural Development, and the National Institute for the Surveillance of Foods and Drugs (Instituto Nacional de Vigilancia de Medicamentos y Alimentos– INVIMA) under the Ministry of Health and Social Protection, or their respective successors.
Chapter Six. Technical Barriers to Trade
Article 6.1. Objectives
The objectives of this Chapter are:
(a) to increase and facilitate trade between the Parties, through the improvement of the implementation of the TBT Agreement;
(b) to ensure that standards, technical regulations, and conformity assessment procedures do not create unnecessary obstacles to trade; and
(c) to enhance joint cooperation between the Parties.
Article 6.2. General Provision
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, and to this end the TBT Agreement is incorporated into and made part of this Agreement, mutatis mutandis.
Article 6.3. Scope of Application
1. This Chapter shall apply to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures of the Parties that may affect the trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter shall not apply to sanitary and phytosanitary measures covered by Chapter 5 (Sanitary and Phytosanitary Measures) or to technical specifications prepared by governmental bodies for production or consumption requirements of such bodies covered by Chapter 14 (Government Procurement).
Article 6.4. International Standards
1. As a basis for its technical regulations and conformity assessment procedures, each Party shall use relevant international standards, guides, and recommendations to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement.
2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2, 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement adopted since January 1, 1995 (1) by the WTO Committee on Technical Barriers to Trade (hereinafter referred to as the "TBT Committee").
Article 6.5. Equivalence of Technical Regulations
1. Each Party shall, upon written request of the other Party, give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that these regulations adequately fulfill 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, upon request of the other Party, explain in writing the reasons for its decision.
Article 6.6. Conformity Assessment Procedures
1. The Parties recognize 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. Accordingly, the Parties may agree on the following:
(a) the acceptance of a supplier's declaration of conformity;
(b) the acceptance of the results of conformity assessment procedures by bodies located in the other Party's territory, including those regarding specific technical regulations;
(c) that a conformity assessment body located in a Party's territory may enter into voluntary recognition agreements for the acceptance of the results of its conformity assessment procedures, with a conformity assessment body located in the other Party's territory; and
(d) the adoption of accreditation procedures to qualify the conformity assessment bodies located in the other Party's territory. The Parties shall exchange information on the range of the mechanisms used in their territories.
2. The Parties shall accept, whenever possible, the results of conformity assessment procedures conducted in the territory of the other Party, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of conformity assessment procedures conducted in the territory of the other Party, it shall, upon request of the other Party, explain in writing the reasons for its decision.
3. Prior to accepting the results of a conformity assessment procedure pursuant to paragraph 2, and in order to enhance confidence in the permanent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved. Where a Party considers that a conformity assessment body of the other Party does not fulfill its requirements, it shall explain to the other Party in writing the reasons for its decision.
4. A Party shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures. Where a Party declines such request, it shall, upon request of the other Party, explain in writing the reasons for its decision. The Parties shall work together to implement the mutual recognition agreements to which both Parties are party.
Article 6.7. Transparency
1. At the same time a Party submits its notification to the WTO Central Registry of Notifications in accordance with the TBT Agreement, such Party shall make electronically the same notification to the other Party's Coordinator referenced in Annex 6-A.
2. Where possible, each Party should notify with the following documents to the other Party through the other Party's Coordinator referenced in Annex 6-A:
(a) new technical regulations and amendments to existing technical regulations that are based on relevant international standards;
(b) new conformity assessment procedures and amendments to existing conformity assessment procedures that are based on relevant international standards;
(c) proposed new technical regulations and amendments to existing technical regulations in a case there is doubt about whether the effect on trade is significant; and
(d) proposed new conformity assessment procedures and amendments to existing conformity assessment procedures in a case there is doubt about whether the effect on trade is significant.
3. The notification of technical regulations and conformity assessment procedures shall include an on-line link to, or a copy of, the complete text of the notified document. Where possible, the Parties shall provide an on-line link to, or a copy of, the complete text or a summary of the notified document in English.
4. Each Party shall allow at least 60 days following the notification of its proposed technical regulations and conformity assessment procedures for the other Party to provide written comments, except where urgent problems of safety, health, environmental protection, or national security arise or threaten to arise. A Party shall give positive consideration to a reasonable request of the other Party for extending the period for comments.
5. Each Party shall publish or otherwise make available to the public, in print or electronically, its responses, or a summary of its responses, to comments received from the other Party, no later than the date it publishes the final technical regulation or conformity assessment procedure.
6. Each Party shall, upon request of the other Party, provide information regarding the objectives of, and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
7. A Party shall give positive consideration to a reasonable request of the other Party, received prior to the end of the period for comments following the notification of a proposed technical regulation, for extending the period of time between the adoption of the technical regulation and its entry into force, except where this would be ineffective in fulfilling the legitimate objectives pursued.
8. Except in urgent circumstances, the Parties shall allow a reasonable interval (2) between the publication of technical regulations and their entry into force in order to allow time for producers in the exporting Party to adapt their products or methods of production to the requirements of the importing Party.
9. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are available on an official website that is freely accessible and publicly available.
Article 6.8. Joint Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. In particular, the Parties shall seek to identify, develop, and promote trade facilitating initiatives regarding standards, technical regulations, and conformity assessment procedures that are appropriate for particular issues or sectors.
2. These initiatives may include:
(a) cooperation on regulatory issues, such as transparency, promotion of good regulatory practices, harmonization with international standards, and use of accreditation to qualify conformity assessment bodies;
(b) technical assistance directed at reaching effective and full compliance with metrology demands arising from this Chapter and the TBT Agreement;
(c) initiatives to develop common views on good regulatory practices such as transparency, use of equivalency, and regulatory impact assessment; and
(d) use of mechanisms to facilitate the acceptance of results of conformity assessment procedures conducted in the other Party's territory.
3. The cooperation described on this article may be preferably focused on fields such as:
(i) auto parts,
(ii) textiles, clothing, and design,
(iii) cosmetics and hygienic products, and
(iv) pharmaceutical products and medical devices. However, upon request, a Party shall give favorable consideration to any sector-specific proposal that the other Party makes for further cooperation under this Chapter.
Article 6.9. Committee on Technical Barriers to Trade
1. The Parties hereby establish a Committee on Technical Barriers to Trade (hererinafter referred to as the "Committee"), composed of representatives of each Party.
2. The Committee's functions shall include: (a) working to facilitate the implementation of this Chapter and cooperation between the Parties in all matters pertaining to this Chapter;
(b) monitoring the implementation, enforcement, and administration of this Chapter;
(c) promptly addressing any issue that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations, or conformity assessment procedures;
(d) enhancing joint cooperation between the Parties in the areas set out in Article 6.8;
(e) facilitating the process for the negotiation of a mutual recognition agreement;
(f) exchanging information, upon request of a Party, on standards, technical regulations, and conformity assessment procedures, including the Parties' respective views regarding non-party issues;
(g) exchanging information on developments in non-governmental, regional, and multilateral fora engaged in activities related to standards, technical regulations, and conformity assessment procedures;
(h) upon written request of a Party, consulting with the aim of solving any matter arising under this Chapter within a reasonable period of time;
(i) reviewing this Chapter in light of any development under the TBT Committee and, if necessary, developing recommendations for amendments to this Chapter;
(j) establishing, if necessary to achieve the objectives of this Chapter, issue-specific or sector-specific ad-hoc working groups;
(k) as it considers appropriate, reporting to the Joint Commission on the implementation of this Chapter; and
(l) taking any other step that the Parties consider will assist them in implementing this Chapter.
3. The Committee shall meet upon request of a Party. Meetings may be conducted in person, or via teleconference, videoconference, or any other means as mutually agreed by the Parties.
4. Where the Parties have had recourse to consultations under paragraph 2(h), the consultations shall, if the Parties agree, constitute consultations under Article 20.4 (Consultations).
5. The authorities set out in paragraph 1 of Annex 6-A shall be responsible for coordinating with the relevant institutions and persons in their respective territories as well as for ensuring that such institutions and persons are engaged. The Committee shall carry out its work through the communication channels agreed by the Parties, which may include electronic mail, teleconferencing, videoconferencing, or other means.
Article 6.10. Information Exchange
1. Any information or explanation that a Party provides upon request of the other Party pursuant to this Chapter shall be communicated within a reasonable period, in written form through regular mail or any other means accepted by the Parties, including electronic mail. A Party shall endeavor to respond to each such request within 60 days.
2. Nothing in this Chapter shall be construed to require a Party to furnish any information the disclosure of which it considers is contrary to its essential security interests.
Article 6.11. Definitions
For purposes of this Chapter, the terms and definitions of Annex 1 of the TBT Agreement shall apply.
Article 6.12. Border Control and Market Surveillance
The Parties undertake to:
(a) exchange information and experiences on their border control and market surveillance activities, except in those cases in which the documentation is confidential; and
(b) ensure that border control and market surveillance activities are undertaken by the competent authorities, to which end these authorities may use accredited, designated, or delegated bodies, avoiding conflicts of interest between those bodies and the economic agents subject to control or supervision.
Chapter Seven. Trade Remedies
Section A. Safeguard Measures
Article 7.1. Application of a Safeguard Measure
If, as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other Party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the Party may:
(a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement; or
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
(i) MFN applied rate of duty on the good in effect at the time the measure is applied; and
(ii) the base rate as specified in the Schedule to Annex 2-A (Elimination of Customs Duties).
Article 7.2. Standards for a Safeguard Measure
1. A Party shall notify immediately the other Party in writing upon initiation of an investigation described in paragraph 2 and shall consult with the other Party within 30 days after the initiation of the investigation, with a view to reviewing the information arising from the investigation and exchanging views on the measure.