5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.
Article 5.8. Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective systems;
(b) enhancing cooperation between the Parties' regulatory agencies on matters of mutual interests including health, safety, and environmental protection;
(c) facilitating trade by implementing good regulatory practices; and
(d) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives, set out in paragraph 1, the Parties shall, as mutually agreed and to the extent possible, co-operate on regulatory issues, which may include the:
(a) promotion of good regulatory practices based on risk management principles;
(b) exchange of information with a view to improving the quality and effectiveness of their technical regulations;
(c) development of joint initiatives for managing risks to health, safety, or the environment, and preventing deceptive practices; and
(d) exchange of market surveillance information where appropriate.
3. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation, and metrology, with the view to facilitating trade and avoiding unnecessary obstacles to trade between the Parties.
Article 5.9. Transparency
1. Each Party shall, upon request of the other Party, provide information, including the objective of, and rationale for, a, technical regulation or conformity assessment procedure which the Party has adopted or proposes to adopt and may affect the trade between the Parties, within a reasonable period of time as agreed between the Parties.
2. When a proposed technical regulation is submitted for public consultation or notified to the WTO, a Party shall give appropriate consideration to the comments received from the other Party, and, upon request of the other Party, provide written answers to the comments made by the other Party.
3. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are publicly available.
Article 5.10. Contact Points
1. For the purposes of this Chapter, the contact points are:
(a) For Serbia: the Sector for Quality and Product Safety, the Ministry of Economy, the contact point for standards is the Institute for Standardization of Serbia, or its successor; and
(b) For the UAE: the Standards and Regulation Sector, the Ministry of Industry and Advanced Technology, or its successor.
2. Each Party shall promptly notify the other Party of any change of its contact point.
Article 5.11. Information Exchange and Technical Discussions
1. Any information or explanation that a Party provides upon request of the other Party pursuant to this Chapter shall be provided in print or electronically within a reasonable period of time. Each Party shall endeavour to respond to such a request within 60 days.
2. All communication between the Parties on any matter covered by this Chapter shall be conducted through the contact points designated under Article 5.10.
3. On request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavour, to the extent practicable, to enter into technical discussions by notifying the contact points designated under Article 5.10.
Chapter 6. CUSTOMS PROCEDURES AND TRADE FACILITATION
Article 6.1. Definitions
For the purpose of this Chapter:
(a) Authorised Economic Operator(s) (AEO) means the program which recognises an operator involved in the international movement of goods in whatever function that has been approved by the national Customs Administration as complying with the World Customs Organization (WCO) or equivalent supply chain security standards;
(b) Customs legislations means prov1s1ons implemented by laws and regulations concerning the importation, exportation, transit of goods, or any other customs procedures whether relating to customs duties, taxes or any other charges collected by the Customs Administrations, or to measures for prohibition, restriction, or control enforced by the Customs Administrations;
(c) Customs Mutual Assistance Agreement (CMAA) means the agreement that further enhances customs cooperation and exchange of information between the parties to secure and facilitate lawful trade;
(d) Customs procedure means the measures applied by the customs authority of a Party to goods and to the means of transport that are subject to its customs legislations and regulations;
(e) Mutual Recognition Arrangement (MRA) means the arrangement between the Parties that mutually recognise AEO authorisations that has been properly granted by one of the Customs Administrations; and
(f) Persons means both natural and legal person, unless the context otherwise requires.
Article 6.2. Scope
This Chapter shall apply, in accordance with the Parties' respective national laws, rules, and regulations, to customs procedures required for clearance of goods traded between the Parties.
Article 6.3. General Provisions
1. Parties agree that their customs legislations and procedures shall be transparent, non-discriminatory, consistent, and avoid unnecessary procedural obstacles to trade.
2. Customs procedures of the Parties shall conform where possible, to the standards and recommended practices of the World Customs Organization ("WCO").
3. The Customs Administration of each Party shall periodically review its customs procedures with a view to their further simplification and development to facilitate bilateral trade.
Article 6.4. Publication and Availability of Information
1. Each Party shall ensure that its laws, regulations, guidelines, procedures, and administrative rulings governing customs matters are promptly published, either on the Internet or in print form in the English language, to the extent possible.
2. Each Party shall designate, establish, and maintain one or more inquiry points to address inquiries from interested persons pertaining to customs matters, and shall endeavour to make available publicly through electronic means, information concerning procedures for making such inquiries.
3. Nothing in this Article or in any part of this Agreement shall require any Party to publish law enforcement procedures and internal operational guidelines including those related to conducting risk analysis and targeting methodologies.
4. Each Party shall, to the extent practicable, and in a manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations of general application related to the movement, release,.and clearance of goods, including goods in transii, are published or information on them made otherwise publicly available, as early as possible before their entry into force, so that interested parties have the opportunity to become acquainted with the new or amended laws and regulations. Such information and publications shall be available in the English language, to the extent possible.
Article 6.5. Risk Management
The Parties shall adopt a risk management approach in its customs activities, based on its identified risk of goods, in order to facilitate the clearance of low risk consignments, while focusing its inspection activities on high-risk goods.
Article 6.6. Paperless Communications
1. For the purposes of facilitating bilateral exchange of international trade data and expediting procedures for the release of goods, the Parties shall, endeavour to provide an electronic environment that supports Customs clearance between their respective Customs Administration and their trading entities.
2. The Parties shall exchange views and information on realising and promoting paperless communications between their respective Customs Administration and their trading entities.
3. The respective customs administration of the Parties, in implementing initiatives which provide for the use of paperless communications, shall take into account the methodologies agreed at the WCO.
Article 6.7. Advanced Rulings
1. In accordance with the TFA, the customs administration of the Parties upon a request shall issue in a reasonable time-bound manner, prior to the importation of goods into their territory based on a request containing all the necessary information an advance ruling, in relation to:
(a) tariff classification;
(b) origin of goods; and
(c) other matters the Parties may agree such as the application of valuation criteria for a particular case, in accordance with the application of the provisions set forth in the Customs Valuation Agreement.
2. The importing Party shall apply an advance ruling issued by it under paragraph I on the date that the ruling is issued or on a later date specified in the ruling and remain in effect for a reasonable period of time and in accordance with the national procedures on advanced ruling unless the advance ruling is modified, revoked or annulled in accordance with paragraph 5 and 7.
3. The advance ruling issued by the Party shall be binding to the person to whom the ruling is issued only.
4. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of a post clearance audit or an administrative or judicial, review or appeal. A Party that declines to issue an advance ruling shall promptly notify, in writing, the person requesting the ruling, setting out the relevant facts and circumstances and the basis for its decision.
5. The customs authority of the importing Party may modify, revoke, or annul an advance ruling, in accordance with its domestic laws and regulations:
(a) if the ruling was based on an error of fact;
(b) if there is a change in the material facts or circumstances on which the ruling was based;
(c) to conform with a modification of this Agreement; or
(d) to conform with a judicial decision or a change in its domestic law.
6. Each Party shall provide written notice to the applicant explaining the Party's decision to revoke, modify, or annul the advance ruling issued to the applicant.
7. Each Party sh al I provide that any modification or revocation of an advance ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of goods that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its tenns and conditions, in which case it may be annulled and shall take effect from the date on which the initial decision took effect, unless otherwise specified in the decision in accordance with domestic laws and regulations.
8. Notwithstanding paragraph 3, the issuing Party shall postpone the effective date of the modification or revocation of an advance ruling for a reasonable period of time and in accordance with each Party's national procedures on advance rulings, where the person to whom the advance ruling was issued demonstrates that he has relied in good faith to his detriment on that ruling.
Article 6.8. Penalties
1. Each Party shall maintain measures imposing criminal, civil, or administrative penalties, whether solely or in combination, for violations of the Party's customs legislations, regulations, or procedural requirements.
2. Each Party shall ensure that penalties issued for a breach of customs legislations, regulations, or procedural requirements are imposed only on the person(s) responsible for the breach under its laws.
3. Each Party shall ensure that the penalty imposed by its customs administration is dependent on the facts and circumstances of the case and is commensurate with the degree and severity of the breach.
4. Each Party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties. No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage of any penalties or duties assessed or collected.
5. Each Party shall ensure that if a penalty is imposed by its customs administration for a breach of a customs legislation, regulation or procedural requirement, an explanation in writing is provided to the person(s) upon whom the penalty is imposed specifying the nature of the breach and the law, regulation, or procedure used for determining the penalty amount.
Article 6.9. Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the immediate release of goods upon receipt of the customs declaration and fulfilment of all applicable requirements and procedures;
(b) provide for the electronic submission and processing of documentation and data, including manifests, prior to the arrival of the goods in order to expedite the release of goods from customs control upon arrival;
(c) allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and
(d) require that the importer be informed if a Party does not promptly release goods, including, to the extent permitted by its law, the reasons why the goods are not released and which border agency, if not the customs administration, has withheld release of the goods.
3. Nothing in this Article requires a Party to release goods if its requirements for release have not been met nor prevents a Party from liquidating a security deposit in accordance with its law.
4. Each Party may allow, to the extent practicable and in accordance with its customs legislation, goods intended for import to be moved within its territory under customs control from the point of entry into the Party's territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.
Article 6.10. Authorised Economic Operators
In order to facilitate trade and enhance compliance and risk management between them, the Parties shall endeavour to mutually conclude an AEO MRA.
Article 6.11. Border Agency Cooperation
Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this Chapter.
Article 6.12. Expedited Shipments
Each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining appropriate customs control and selection. These procedures shall:
(a) provide for information necessary to release an express shipment to be submitted and processed before the shipment arrives;
(b) allow a single submission of information covering all goods contained in an express shipment, such as a manifest through, if possible, electronic means; (6)
(c) to the extent possible, provide for the release of certain goods with a minimum of documentation;
(d) under normal circumstances, provide for express shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived;
(e) apply to shipments of any weight or value recognising that a Party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, based on the goods weight or value; and
(f) provide that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below a fixed amount set under the Party's law. (7)
Article 6.13. Review and Appeal
1. Each Party shall, in accordance with its law and regulations, ensure that any person to whom it issues a determination on a customs matter has access to:
(a) at least one level of administrative review of determinations by its customs administration independent (8) of either the official or office responsible for the decision under review; and
(b) judicial review of decisions taken at the final level of administrative review.
2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner.
3. Each Party shall ensure than an authority conducting a review or appeal under paragraph 1 notifies the person in writing of its determination or decision in the review or appeal, and the reasons for the determination or decision.
Article 6.14. Customs Cooperation
1. With a view to further enhancing customs cooperation through the exchange of information and the sharing of best practices between the customs administration to secure and facilitate lawful trade, the customs administrations of the parties will endeavour to conclude and sign a CMAA.
2. The Parties shall, for the purposes of applying customs legislations and to give effect to the provisions of this agreement, endeavour to:
(a) cooperate and assist each other in the prevention and investigation of offences against customs legislations;
(b) upon request, provide each other information to be used in the enforcement of customs legislations; and
(c) cooperate in the research, development, and application of new customs procedures, in the training and exchange of personnel, sharing of best practices, and in other matters of mutual interest.
3. Assistance under this Chapter shall be provided in accordance with the domestic law of the requested party.
4. The Parties shall exchange official contact points with a view to facilitating the effective implementation of this Chapter.
Article 6.15. Confidentiality
1. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. Any information received under this Agreement shall be treated as confidential.
2. Each Party shall maintain, in accordance with its domestic laws, the confidentiality of information obtained pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.
Chapter 7. TRADE REMEDIES
Article 7.1. Scope
1. With respect to Serbia, this Chapter shall apply to investigations and measures that are taken under the authority of a Ministry in charge of foreign trade policy.
2. With respect to the UAE, this Chapter shall apply to investigations and measures that are taken under the authority of the Ministry of Economy or its successor.
Article 7.2. Anti-Dumping and Countervailing Measures
1. The rights and obligations of the Parties with regard to anti-dumping and countervailing measures shall be governed by Articles VI and Articles XVI of the GA TT 1994, the Anti-Dumping Agreement, and the SCM Agreement.
2. The Parties recognise the right to apply measures consistent with Article VI and Article XVI of the GATT 1994, the Anti-Dumping Agreement and the SCM Agreement, and the importance of promoting transparency in anti-dumping and countervailing duty investigations and of ensuring the opportunity of all interested parties to participate meaningfully in such investigations.
3. Except otherwise provided in this Article, this Agreement does not confer any additional rights or obligations on the Parties with regard to anti-dumping and countervailing measures including the initiation and conduct of anti-dumping and anti-subsidy investigations as well as the application of anti-dumping and/or countervailing measures.
4. When the investigating authority of a Party receives a written application by or on behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of a good from the other Party, the former Party shall notify the other Party of the application as far in advance of the initiation of such investigation as possible. As soon as possible after accepting an application of an anti-subsidy investigation, and in any event before initiating an investigation, the Party shall provide written notification of its receipt of the application to the other Party and invite the other Party for consultations with the aim of clarifying the situation as to the matters referred to in the application and arriving at a mutually agreed solution.
5. The investigation authority of a Party shall ensure, before a final determination is made, disclosure of all essential facts under consideration which form the basis for the decision whether to applying definitive measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments. The investigating authority shall give due consideration to the comments submitted by the interested parties. The Parties agree, when imposing measures covered by this Chapter, to give priority, to the extent possible, to measures that cause minimal economic injury and do not create serious obstacles to the implementation of this Agreement.
Article 7.3. Global Safeguard Measures
1. The rights and obligations of the Parties with regard to global safeguard measures shall be governed by the Article XIX of the GATT 1994 and the Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken under Article XIX of the GATT 1994 and the Safeguards Agreement.
2. A Party taking a global safeguard measure shall exclude imports of originating goods of the other Party as long as its share of imports of the product concerned in the importing Party does not exceed three per cent of total imports of the concerned product, provided that developing country Members with less than three per cent import share collectively account for not more than nine per cent of total imports of the product concerned.
3. Where, as a result of a global safeguard measure, a safeguard duty is imposed, the margin of preference, in accordance with the Schedules of Concessions of the Parties under Chapter 2 (Trade in Goods), shall be maintained.
Article 7.4. Bilateral Safeguard Measures
1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take bilateral safeguard measures to the extent necessary to remedy or prevent the injury, subject to the provisions of paragraphs 2 through 10.
2. Bilateral safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the Agreement on Safeguards.
3. A Party shall notify the other Party in writing or by electronic means before:
(a) taking the decision of initiation an investigation;
(b) making findings of serious injury or threat of serious injury caused by increased imports;
(c) applying or extending the imposition of a bilateral safeguard; and
(d) taking a decision to modify, including to progressively liberalise a bilateral safeguard measure.
4. The Party intending to take a bilateral safeguard measure under this Article shall immediately, and in any case, before taking a measure, including provisional one, make notification to the Joint Committee. The notification of the final measure shall contain all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction, expected duration, and timetable for the progressive removal of the measure.
5. If the conditions set out in paragraph 1 are met, the importing Party may take measures consisting in:
(a) suspending the further reduction of any rate of duty provided for under this Agreement for the product; or
(b) increasing the rate of customs duty for the product to a level not to exceed the lesser of:
(i) the MFN applied rate of custom duty on the product in at the date on which the bilateral safeguard measure is applied; or
(ii) the MFN applied rate of custom duty in effect on the day immediately preceding the date of the entry into force of this Agreement.
6. Bilateral safeguard measures shall be taken for a period not exceeding two years. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. No measure shall be applied to the import of a product that has previously been subject to such a measure.
7. The Joint Committee shall, within 30 days from the date of notification referred to in paragraph 3, examine the information provided in order to facilitate a mutually acceptable resolution of the matter: In the absence of such resolution, the importing Party may adopt a measure pursuant to paragraph 4 to remedy the problem. In the selection of the bilateral safeguard measure, priority must be given to the measure that least disturbs the functioning of this Agreement. The bilateral safeguard measure shall be immediately notified to the Joint Committee and shall be the subject of periodic consultations in the Joint Committee, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.
8. Upon the termination of the measure, the rate of customs duty for the origination goods subject to that safeguard measures which shall be the rate which according to the Party's schedules in Annexes I and II (Schedules of Tariff Commitments) would have been in effect but for the measure.
9. In critical circumstances, where delay would cause damage which would be difficult to repair, a Party may take a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports cause serious injury, or threat thereof, to the domestic industry. The Party intending to take such a measure shall immediately notify the other Party and the Joint Committee thereof. Within 30 days of the date of the notification, the procedures set out in paragraphs 2 through 6 shall be initiated.
10. Any provisional measure shall be terminated within 200 days at the latest. The period of application of any such provisional measure shall be counted as part of the duration of the measure set out in paragraph 5 and any extension thereof. Any tariff increases shall be promptly refunded if the investigation described in paragraph 2 does not result in a finding that the conditions of paragraph 1 are met.
Article 7.5. Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.