EU - Korea, Republic of FTA (2010)
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Title

FREE TRADE AGREEMENT

between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part

Preamble

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBURG,

THE REPUBLIC OF HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

CROATIA,

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the "Member States of the European Union",

and

THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF KOREA, hereinafter referred to as "Korea",

of the other part,

RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Framework Agreement;

DESIRING to furtherstrengthen their close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;

CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

REAFFIRMING their commitment to the Charter of the United Nations signed in San Francisco on 26 June 1945 and the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948;

REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable devel- opment in its economic, social and environmental dimensions, including economic development, poverty reduction, full and productive employment and decent work for all as well as the protection and preservation of the environment and natural resources;

RECOGNISING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;

RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organisations;

DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare by liberalising and expanding mutual trade and investment;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;

RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;

DESIRING to strengthen the development and enforcement of labour and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and

BUILDING on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organisation, done on 15 April 1994 (hereinafter referred to as the "WTO Agreement") and other multilateral, regional and bilateral agreements and arrangements to which they are party,

HAVE AGREED AS FOLLOWS:

Body

Chapter ONE. OBJECTIVES AND GENERAL DEFINITIONS

Article 1.1. Objectives

1. The Parties hereby establish a free trade area on goods, services, establishment and associated rules in accordance with this Agreement.

2. The objectives of this Agreement are:

(a) to liberalise and facilitate trade in goods between the Parties, in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as "GATT 1994");

(b) to liberalise trade in services and investment between the Parties, in conformity with Article V of the General Agreement on Trade in Services (hereinafter referred to as "GATS");

(c) to promote competition in their economies, particularly as it relates to economic relations between the Parties;

(d) to further liberalise, on a mutual basis, the government procurement markets of the Parties;

(e) to adequately and effectively protect intellectual property rights;

(f) to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;

(g) to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable devel- opment and strive to ensure that this objective is integrated and reflected at every level of the Parties' trade relationship; and

(4) to promote foreign direct investment without lowering or reducing environmental, labour or occupational health and safety standards in the application and enforcement of environmental and labour laws of the Parties.

Article 1.2. General Definitions

Throughout this Agreement, references to:

the Parties mean, on the one hand, the European Union or its Member States or the European Union and its Member States within their respective areas of competence as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the "EU Party"), and on the other hand, Korea;

the Framework Agreement mean the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, signed at Luxembourg on 28 October 1996 or any agreement updating, amending or replacing it; and

the Customs Agreement mean the Agreement between the European Community and the Republic of Korea on Cooperation and Mutual Administrative Assistance in Customs Matters, signed at Brussels on 10 April 1997.

Chapter TWO. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Section A. Common Provisions

Article 2.1. Objective

The Parties shall progressively and reciprocally liberalise trade in goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement and in conformity with Article XXIV of GATT 1994.

Article 2.2. Scope and Coverage

This Chapter shall apply to trade in goods (1) between the Parties.

(1) For the purposes of this Agreement, goods means products as understood in GATT 1994 unless otherwise provided in this Agreement.

Article 2.3. Customs Duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation (2). A customs duty does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article 2.8 in respect of the like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;

(b) duty imposed pursuant to a Party's law consistently with Chapter Three (Trade Remedies);

(c) fee or other charge imposed pursuant to a Party's law consistently with Article 2.10; or

(d) duty imposed pursuant to a Party's law consistently with Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Agreement on Agriculture").

(2) The Parties understand that this definition is without prejudice to the treatment that the Parties, in line with the WTO Agreement, may accord to trade conducted on a most-favoured-nation basis.

Article 2.4. Classification of Goods

The classification of goods in trade between the Parties shall be that set out in each Party's respective tariff nomenclature interpreted in conformity with the Harmonised System of the International Convention on the Harmonised Commodity Description and Coding System, done at Brussels on 14 June 1983 (hereinafter referred to as the "HS").

Section B. Elimination of Customs Duties

Article 2.5. Elimination of Customs Duties

1. Except as otherwise provided in this Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with its Schedule included in Annex 2-A.

2. For each good, the base rate of customs duties, to which the successive reductions are to be applied under paragraph 1, shall be that specified in the Schedules included in Annex 2-A.

3. If at any moment a Party reduces its applied most-favoured-nation (hereinafter referred to as "MFN") customs duty rate after the entry into force of this Agreement, that duty rate shall apply as regards trade covered by this Agreement if and for as long as it is lower than the customs duty rate calculated in accordance with its Schedule included in Annex 2-A.

4. Three years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them. A decision by the Parties in the Trade Committee, following such consultations, on the acceleration or broa- dening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to their Schedules included in Annex 2-A for that good.

Article 2.6. Standstill

Except as otherwise provided in this Agreement, including as explicitly set out in each Party’s Schedule included in Annex 2-A, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude that either Party may raise a customs duty to the level estab- lished in its Schedule included in Annex 2-A following a unilateral reduction.

Article 2.7. Administration and Implementation of Tariff-rate Quotas

1. Each Party shall administer and implement the tariff-rate quotas (hereinafter referred to as "TRQs") set out in Appendix 2-A-1 of its Schedule included in Annex 2-A in accordance with Article XII of GATT 1994, including its interpretative notes and the Agreement on Import Licensing Procedures, contained in Annex 1A to the WTO Agreement.

2. Each Party shall ensure that:

(a) its procedures for administering its TRQs are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences;

(b) any person of a Party that fulfils the importing Party's legal and administrative requirements shall be eligible to apply and to be considered for a TRQ allocation by the Party. Unless the Parties otherwise agree by decision of the Committee on Trade in Goods, any processor, retailer, restaurant, hotel, food service distributor or institution, or any other person is eligible to apply for, and to be considered to receive, a TRQ allocation. Any fees charged for services related to an application for a TRQ allocation shall be limited to the actual cost of the services rendered;

(c) except as specified in Appendix 2-A-1 of its Schedule included in Annex 2-A, it does not allocate any portion of a TRQ to a producer group, condition access to a TRQ allocation on the purchase of domestic production, or limit access to a TRQ allocation to processors; and

(d) it allocates TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. Except as otherwise stipulated in the provisions for each TRQ and the applicable tariff line in Appendix 2-A-1 of a Party's Schedule included in Annex 2-A, each TRQ allocation shall be valid for any item or mixture of items subject to a particular TRQ, regardless of the item's or mixture's specification or grade, and shall not be conditioned on the item's or mixture's intended end-use or package size.

3. Each Party shall identify the entities responsible for administering its TRQs.

4. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilise TRQ quantities

5. Neither Party may condition application for, or utilisation of, TRQ allocations on the re-export of a good.

6. On the written request of either Party, the Parties shall consult regarding a Party's administration of its TRQs.

7. Except as otherwise provided in Appendix 2-A-1 of its Schedule included in Annex 2-A, each Party shall make the entire quantity of the TRQ established in that Appendix available to applicants beginning on the date of entry into force of this Agreement during the first year, and on the anniversary of the entry into force of this Agreement of each year thereafter. Over the course of each year, the importing Party’s admin- istering authority shall publish, in a timely fashion on its designated publicly available Internet site, utilisation rates and remaining quantities available for each TRQ.

Section C. Non-tariff Measures

Article 2.8. National Treatment

Each Party shall accord national treatment to goods of the other Party in accordance with Article I of GATT 1994, including its interpretative notes. To this end, Article I of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 2.9. Import and Export Restrictions

Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes or other charges on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, in accordance with Article XI of GATT 1994 and its interpretative notes. To this end, Article XI of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 2.10. Fees and other Charges on Imports

Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.

Article 2.11. Duties, Taxes or other Fees and Charges on Exports

Neither Party may maintain or institute any duties, taxes or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.

Article 2.12. Customs Valuation

The Agreement on Implementation of Article VII of GATT 1994 contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Customs Valuation Agreement"), is incorporated into and made part of this Agreement, mutatis mutandis. The reservations and options provided for in Article 20 and paragraphs 2 through 4 of Annex II of the Customs Valuation Agreement shall not be applicable.

Article 2.13. State Trading Enterprises

1. The Parties affirm their existing rights and obligations under Article XVII of GATT 1994, its interpretative notes and the Under- standing on the Interpretation of Article XVII of GATT 1994, contained in Annex 1A to the WTO Agreement which are incorporated into and made part of this Agreement, mutatis mutandis.

2. Where a Party requests information from the other Party on indi- vidual cases of state trading enterprises, the manner of their operation and the effect of their operations on bilateral trade, the requested Party shall have regard to the need to ensure maximum transparency possible without prejudice to Article XVII.4(d) of GATT 1994 on confidential information

Article 2.14. Elimination of Sectoral Non-tariff Measures

1. The Parties shall implement their commitments on sector-specific non-tariff measures on goods in accordance with the commitments set out in Annexes 2-B through 2-E.

2. Three years after the entry into force of this Agreement and on the request of either Party, the Parties shall consult to consider broadening the scope of their commitments on sector-specific non-tariff measures on goods.

Section D. Specific Exceptions Related to Goods

Article 2.15. General Exceptions

1. The Parties affirm that their existing rights and obligations under Article XX of GATT 1994 and its interpretative notes, which are incor- porated into and made part of this Agreement, shall apply to trade in goods covered by this Agreement, mutatis mutandis.

2. The Parties understand that before taking any measures provided for in subparagraphs (i) and (j) of Article XX of GATT 1994, the Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of supplying such information, the Party may apply measures under this Article on the good concerned. Where exceptional and critical circum- stances requiring immediate action make prior information or exam- ination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

Section E. Institutional Provisions

Article 2.16. Committee on Trade In Goods

1. The Committee on Trade in Goods established pursuant to Article 15.2.1 (Specialised Committees) shall meet on the request of a Party or of the Trade Committee to consider any matter arising under this Chapter and comprise representatives of the Parties.

2. The Committee's functions shall include:

(a) promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of tariff elimination and broadening of the scope of commitments on non-tariff measures under this Agreement and other issues as appro- priate; and

(b) addressing tariff and non-tariff measures to trade in goods between the Parties and, if appropriate, referring such matters to the Trade Committee for its consideration,

in so far as these tasks have not been entrusted to the relevant Working Groups established pursuant to Article 15.3.1 (Working Groups).

Article 2.17. Special Provisions on Administrative Cooperation

1. The Parties agree that administrative cooperation is essential for the implementation and the control of preferential tariff treatment granted under this Chapter and underline their commitments to combat irregularities and fraud in customs and related matters.

2. Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or irregularities or fraud, on the request of that Party, the Customs Committee shall meet within 20 days of such request to seek, as a matter of urgency, to resolve the situation. The consultations held within the framework of the Customs Committee will be considered as fulfilling the same function as consultation under Article 14.3 (Consultations).

Chapter THREE. TRADE REMEDIES

Section A. Bilateral Safeguard Measures

Article 3.1. Application of a Bilateral Safeguard Measure

1. If as a result of the reduction or elimination of a customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section.

2. The importing Party may take a bilateral safeguard measure which:

(a) suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or

(b) increases the rate of customs duty on the good to a level which does not exceed the lesser of:

(i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or

(ii) the base rate of customs duty specified in the Schedules included in Annex 2-A (Elimination of Customs Duties) pursuant to Article 2.5.2 (Elimination of Customs Duties).

Article 3.2. Conditions and Limitations

1. A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.

2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Agreement on Safeguards") and to this end, Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis.

3. In the investigation described in paragraph 2, the Party shall comply with the requirements of Article 4.2(a) of the Agreement on Safeguards and to this end, Article 4.2(a) of the Agreement on Safeguards is incorporated into and made part of this Agreement, mutatis mutandis.

4. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.

Page 1 Next page
  • Chapter   ONE OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Definitions 1
  • Chapter   TWO NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Common Provisions 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 Customs Duty 1
  • Article   2.4 Classification of Goods 1
  • Section   B Elimination of Customs Duties 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Administration and Implementation of Tariff-rate Quotas 1
  • Section   C Non-tariff Measures 1
  • Article   2.8 National Treatment 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Fees and other Charges on Imports 1
  • Article   2.11 Duties, Taxes or other Fees and Charges on Exports 1
  • Article   2.12 Customs Valuation 1
  • Article   2.13 State Trading Enterprises 1
  • Article   2.14 Elimination of Sectoral Non-tariff Measures 1
  • Section   D Specific Exceptions Related to Goods 1
  • Article   2.15 General Exceptions 1
  • Section   E Institutional Provisions 1
  • Article   2.16 Committee on Trade In Goods 1
  • Article   2.17 Special Provisions on Administrative Cooperation 1
  • Chapter   THREE TRADE REMEDIES 1
  • Section   A Bilateral Safeguard Measures 1
  • Article   3.1 Application of a Bilateral Safeguard Measure 1
  • Article   3.2 Conditions and Limitations 1
  • Article   3.3 Provisional Measures 2
  • Article   3.4 Compensation 2
  • Article   3.5 Definitions 2
  • Section   B Agricultural Safeguard Measures 2
  • Article   3.6 Agricultural Safeguard Measures 2
  • Section   C Global Safeguard Measures 2
  • Article   3.7 Global Safeguard Measures 2
  • Section   D Anti-dumping and Countervailing Duties 2
  • Article   3.8 General Provisions 2
  • Article   3.9 Notification 2
  • Article   3.10 Consideration of Public Interests 2
  • Article   3.11 Investigation after Termination Resulting from a Review 2
  • Article   3.12 Cumulative Assessment 2
  • Article   3.13 De-minimis Standard Applicable to Review 2
  • Article   3.14 Lesser Duty Rule 2
  • Article   3.15 Dispute Settlement 2
  • Section   E Institutional Provisions 2
  • Article   3.16 Working Group on Trade Remedy Cooperation 2
  • Chapter   FOUR TECHNICAL BARRIERS TO TRADE 2
  • Article   4.1 Affirmation of the TBT Agreement 2
  • Article   4.2 Scope and Definitions 2
  • Article   4.3 Joint Cooperation 2
  • Article   4.4 Technical Regulations 2
  • Article   4.5 Standards 2
  • Article   4.6 Conformity Assessment and Accreditation 2
  • Article   4.7 Market Surveillance 2
  • Article   4.8 Conformity Assessment Fees 2
  • Article   4.9 Marking and Labelling 2
  • Article   4.10 Coordination Mechanism 2
  • Chapter   FIVE SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5.1 Objective 3
  • Article   5.2 Scope 3
  • Article   5.3 Definition 3
  • Article   5.4 Rights and Obligations 3
  • Article   5.5 Transparency and Exchange of Information 3
  • Article   5.6 International Standards  3
  • Article   5.7 Import Requirements 3
  • Article   5.8 Measures Linked to Animal and Plant Health 3
  • Article   5.9 Cooperation on Animal Welfare 3
  • Article   5.10 Committee on Sanitary and Phytosanitary Measures 3
  • Article   5.11 Dispute Settlement 3
  • Chapter   SIX CUSTOMS AND TRADE FACILITATION 3
  • Article   6.1 Objectives and Principles 3
  • Article   6.2 Release of Goods 3
  • Article   6.3 Simplified Customs Procedure 3
  • Article   6.4 Risk Management 3
  • Article   6.5 Transparency 3
  • Article   6.6 Advance Rulings 3
  • Article   6.7 Appeal Procedures 3
  • Article   6.8 Confidentiality 3
  • Article   6.9 Fees and Charges 3
  • Article   6.10 Pre-shipment Inspections 3
  • Article   6.11 Post-clearance Audit 3
  • Article   6.12 Customs Valuation 3
  • Article   6.13 Customs Cooperation 3
  • Article   6.14 Mutual Administrative Assistance In Customs Matters 3
  • Article   6.15 Customs Contact Points 3
  • Article   6.16 Customs Committee 3
  • Chapter   SEVEN TRADE IN SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE 3
  • Section   A General Provisions 3
  • Article   7.1 Objective, Scope and Coverage 3
  • Article   7.2 Definitions 3
  • Article   7.3 Committee on Trade In Services, Establishment and Electronic Commerce 4
  • Section   B Cross-border Supply of Services 4
  • Article   7.4 Scope and Definitions 4
  • Article   7.5 Market Access 4
  • Article   7.6 National Treatment 4
  • Article   7.7 Lists of Commitments 4
  • Article   7.8 MFN Treatment  (1) 4
  • Section   C Establishment 4
  • Article   7.9 Definitions 4
  • Article   7.10 Scope 4
  • Article   7.11 Market Access 4
  • Article   7.12 National Treatment  (1) 4
  • Article   7.13 Lists of Commitments 4
  • Article   7.14 MFN Treatment  (1) 4
  • Article   7.15 Other Agreements 4
  • Article   7.16 Review of the Investment Legal Framework 4
  • Section   D Temporary Presence of Natural Persons for Business 4
  • Article   7.17 Scope and Definitions 4
  • Article   7.18 Key Personnel and Graduate Trainees 5
  • Article   7.19 Business Service Sellers 5
  • Article   7.20 Contractual Service Supplier and Independent Professionals 5
  • Section   E Regulatory Framework 5
  • Subsection   A Provisions of General Application 5
  • Article   7.21 Mutual Recognition 5
  • Article   7.22 Transparency and Confidential Information 5
  • Article   7.23 Domestic Regulation 5
  • Article   7.24 Governance 5
  • Subsection   B Computer Services 5
  • Article   7.25 Computer Services 5
  • Subsection   C Postal and Courier Services 5
  • Article   7.26 Regulatory Principles 5
  • Subsection   D Telecommunications Services 5
  • Article   7.27 Scope and Definitions 5
  • Article   7.28 Regulatory Authority 5
  • Article   7.29 Authorisation to Provide Telecommunications Services 5
  • Article   7.30 Competitive Safeguards on Major Suppliers 5
  • Article   7.31 Interconnection 5
  • Article   7.32 Number Portability 5
  • Article   7.33 Allocation and Use of Scarce Resources 5
  • Article   7.34 Universal Service 5
  • Article   7.35 Confidentiality of Information 5
  • Article   7.36 Resolution of Telecommunications Disputes 5
  • Subsection   E Financial Services 5
  • Article   7.37 Scope and Definitions 5
  • Article   7.38 Prudential Carve-out  (1) 6
  • Article   7.39 Transparency 6
  • Article   7.40 Self-regulatory Organisations 6
  • Article   7.41 Payment and Clearing Systems 6
  • Article   7.42 New Financial Services 6
  • Article   7.43 Data Processing 6
  • Article   7.44 Specific Exceptions 6
  • Article   7.45 Dispute Settlement 6
  • Article   7.46 Recognition 6
  • Subsection   F International Maritime Transport Services 6
  • Article   7.47 Scope, Definitions and Principles 6
  • Section   F Electronic Commerce 6
  • Article   7.48 Objective and Principles 6
  • Article   7.49 Cooperation on Regulatory Issues 6
  • Section   G Exceptions 6
  • Article   7.50 Exceptions 6
  • Chapter   EIGHT PAYMENTS AND CAPITAL MOVEMENTS 6
  • Article   8.1 Current Payments 6
  • Article   8.2 Capital Movements 6
  • Article   8.3 Exceptions 6
  • Article   8.4 Safeguard Measures 6
  • Chapter   NINE GOVERNMENT PROCUREMENT 6
  • Article   9.1 General Provisions 6
  • Article   9.2 Scope and Coverage 7
  • Article   9.3 Government Procurement Working Group 7
  • Chapter   TEN INTELLECTUAL PROPERTY 7
  • Section   A General Provisions 7
  • Article   10.1 Objectives 7
  • Article   10.2 Nature and Scope of Obligations 7
  • Article   10.3 Transfer of Technology 7
  • Article   10.4 Exhaustion 7
  • Section   B Standards Concerning Intellectual Property Rights 7
  • Subsection   A Copyright and Related Rights 7
  • Article   10.5 Protection Granted 7
  • Article   10.6 Duration of Authors' Rights 7
  • Article   10.7 Broadcasting Organisations 7
  • Article   10.8 Cooperation on Collective Management of Rights 7
  • Article   10.9 Broadcasting and Communication to the Public 7
  • Article   10.10 Artists' Resale Right In Works of Art 7
  • Article   10.11 Limitations and Exceptions 7
  • Article   10.12 Protection of Technological Measures 7
  • Article   10.13 Protection of Rights Management Information 7
  • Article   10.14 Transitional Provision 7
  • Subsection   B Trademarks 7
  • Article   10.15 Registration Procedure 7
  • Article   10.16 International Agreements 7
  • Article   10.17 Exceptions to the Rights Conferred by a Trademark 7
  • Subsection   C Geographical Indications  (1) (2) 7
  • Article   10.18 Recognition of Geographical Indications for Agricultural Products and Foodstuffs and Wines 7
  • Article   10.19 Recognition of Specific Geographical Indications for Wines, Aromatised Wines and Spirits  (1) (2) (3) 7
  • Article   10.20 Right of Use 7
  • Article   10.21 Scope of Protection 7
  • Article   10.22 Enforcement of Protection 7
  • Article   10.23 Relationship with Trademarks 7
  • Article   10.24 Addition of Geographical Indications for Protection  (1) 7
  • Article   10.25 Working Group on Geographical Indications 7
  • Article   10.26 Individual Applications for Protection of Geographical Indications 8
  • Subsection   D Designs 8
  • Article   10.27 Protection of Registered Designs 8
  • Article   10.28 Rights Conferred by Registration 8
  • Article   10.29 Protection Conferred to Unregistered Appearance 8
  • Article   10.30 Term of Protection 8
  • Article   10.31 Exceptions 8
  • Article   10.32 Relationship with Copyright 8
  • Subsection   E Patents 8
  • Article   10.33 International Agreement 8
  • Article   10.34 Patents and Public Health 8
  • Article   10.35 Extension of the Duration of the Rights Conferred by Patent Protection 8
  • Article   10.36 Protection of Data Submitted to Obtain a Marketing Authorisation for Pharmaceutical Products  (1) 8
  • Article   10.37 Protection of Data Submitted to Obtain a Marketing Authorisation for Plant Protection Products 8
  • Article   10.38 Implementation 8
  • Subsection   F Other Provisions 8
  • Article   10.39 Plant Varieties 8
  • Article   10.40 Genetic Resources, Traditional Knowledge and Folklore 8
  • Section   C Enforcement of Intellectual Property Rights 8
  • Article   10.41 General Obligations 8
  • Article   10.42 Entitled Applicants 8
  • Subsection   A Civil Measures 8
  • Article   10.43 Evidence 8
  • Article   10.44 Provisional Measures for Preserving Evidence 8
  • Article   10.45 Right of Information 8
  • Article   10.46 Provisional and Precautionary Measures 8
  • Article   10.47 Corrective Measures 8
  • Article   10.48 Injunctions 8
  • Article   10.49 Alternative Measures 8
  • Article   10.50 Damages 8
  • Article   10.51 Legal Costs 8
  • Article   10.52 Publication of Judicial Decisions 8
  • Article   10.53 Presumption of Authorship or Ownership 8
  • Subsection   B Criminal Enforcement 8
  • Article   10.54 Scope of Criminal Enforcement 8
  • Article   10.55 Geographical Indications and Designs Counterfeiting 8
  • Article   10.56 Liability of Legal Persons 8
  • Article   10.57 Aiding and Abetting 8
  • Article   10.58 Seizure 8
  • Article   10.59 Penalties 8
  • Article   10.60 Confiscation 8
  • Article   10.61 Rights of Third Parties 8
  • Subsection   C Liability of Online Service Providers 8
  • Article   10.62 Liability of Online Service Providers  (1) 8
  • Article   10.63 Liability of Online Service Providers: "mere Conduit"™ 8
  • Article   10.64 Liability of Online Service Providers: "caching" 9
  • Article   10.65 Liability of Online Service Providers: "hosting" 9
  • Article   10.66 No General Obligation to Monitor 9
  • Subsection   D Other Provisions 9
  • Article   10.67 Border Measures 9
  • Article   10.68 Codes of Conduct 9
  • Article   10.69 Cooperation 9
  • Chapter   ELEVEN COMPETITION 9
  • Section   A Competition 9
  • Article   11.1 Principles 9
  • Article   11.2 Definitions 9
  • Article   11.3 Implementation 9
  • Article   11.4 Public Enterprises and Enterprises Entrusted with Special Rights or Exclusive Rights  (1) 9
  • Article   11.5 State Monopolies 9
  • Article   11.6 Cooperation 9
  • Article   11.7 Consultation 9
  • Article   11.8 Dispute Settlement 9
  • Section   B Subsidies 9
  • Article   11.9 Principles 9
  • Article   11.10 Definitions of a Subsidy and Specificity 9
  • Article   11.11 Prohibited Subsidies  (1) (2) 9
  • Article   11.12 Transparency 9
  • Article   11.13 Relation with the WTO Agreement 9
  • Article   11.14 Monitoring and Review 9
  • Article   11.15 Scope 9
  • Chapter   TWELVE TRANSPARENCY 9
  • Article   12.1 Definitions 9
  • Article   12.2 Objective and Scope 9
  • Article   12.3 Publication 9
  • Article   12.4 Enquiries and Contact Points 9
  • Article   12.5 Administrative Proceedings 9
  • Article   12.6 Review and Appeal 9
  • Article   12.7 Regulatory Quality and Performance and Good Administrative Behaviour 9
  • Article   12.8 Non-discrimination 9
  • Chapter   THIRTEEN TRADE AND SUSTAINABLE DEVELOPMENT 9
  • Article   13.1 Context and Objectives 9
  • Article   13.2 Scope 10
  • Article   13.3 Right to Regulate and Levels of Protection 10
  • Article   13.4 Multilateral Labour Standards and Agreements 10
  • Article   13.5 Multilateral Environmental Agreements 10
  • Article   13.6 Trade Favouring Sustainable Development 10
  • Article   13.7 Upholding Levels of Protection In the Application and Enforcement of Laws, Regulations or Standards 10
  • Article   13.8 Scientific Information 10
  • Article   13.9 Transparency 10
  • Article   13.10 Review of Sustainability Impacts 10
  • Article   13.11 Cooperation 10
  • Article   13.12 Institutional Mechanism 10
  • Article   13.13 Civil Society Dialogue Mechanism 10
  • Article   13.14 Government Consultations 10
  • Article   13.15 Panel of Experts 10
  • Article   13.16 Dispute Settlement 10
  • Chapter   FOURTEEN DISPUTE SETTLEMENT 10
  • Section   A Objective and Scope 10
  • Article   14.1 Objective 10
  • Article   14.2 Scope 10
  • Section   B Consultations 10
  • Article   14.3 Consultations 10
  • Section   C Dispute Settlement Procedures 10
  • Subsection   A Arbitration Procedure 10
  • Article   14.4 Initiation of the Arbitration Procedure 10
  • Article   14.5 Establishment of the Arbitration Panel 10
  • Article   14.6 Interim Panel Report 10
  • Article   14.7 Arbitration Panel Ruling 10
  • Subsection   B Compliance 10
  • Article   14.8 Compliance with the Arbitration Panel Ruling 10
  • Article   14.9 The Reasonable Period of Time for Compliance 10
  • Article   14.10 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 10
  • Article   14.11 Temporary Remedies In Case of Non-compliance 10
  • Article   14.12 Review of Any Measure Taken to Comply after the Suspension of Obligations 10
  • Subsection   C Common Provisions 10
  • Article   14.13 Mutually Agreed Solution 10
  • Article   14.14 Rules of Procedure 10
  • Article   14.15 Information and Technical Advice 10
  • Article   14.16 Rules of Interpretation 10
  • Article   14.17 Arbitration Panel Decisions and Rulings 10
  • Section   D General Provisions 10
  • Article   14.18 List of Arbitrators 10
  • Article   14.19 Relation with WTO Obligations 10
  • Article   14.20 Time Limits 10
  • Chapter   FIFTEEN INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 10
  • Article   15.1 Trade Committee 10
  • Article   15.2 Specialised Committees 11
  • Article   15.3 Working Groups 11
  • Article   15.4 Decision-making 11
  • Article   15.5 Amendments 11
  • Article   15.6 Contact Points 11
  • Article   15.7 Taxation 11
  • Article   15.8 Balance-of-payments Exceptions 11
  • Article   15.9 Security Exceptions 11
  • Article   15.10 Entry Into Force 11
  • Article   15.11 Duration 11
  • Article   15.12 Fulfilment of Obligations 11
  • Article   15.13 Annexes, Appendices, Protocols and Notes 11
  • Article   15.14 Relation with other Agreements 11
  • Article   15.15 Territorial Application 11
  • Article   15.16 Authentic Texts 11
  • ANNEX 7-A  LISTS OF COMMITMENTS 11
  • ANNEX 7-A-2  EU PARTY LIST OF COMMITMENTS IN CONFORMITY WITH ARTICLE 7.13 (ESTABLISHMENT) 11
  • ANNEX 7-A-4  KOREA. SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLES 7.7, 7.13, 7.18 AND 7.19 14
  • ANNEX 13  COOPERATION ON TRADE AND SUSTAINABLE DEVELOPMENT 14
  • ANNEX 14-A  MEDIATION MECHANISM FOR NON-TARIFF MEASURES 14
  • 1 Objective 14
  • 2 Scope 14
  • Section   A PROCEDURE UNDER THE MEDIATION MECHANISM 14
  • 3 Initiation of the Mediation Procedure 14
  • 4 Selection of Mediator 14
  • 5 Rules of the Mediation Procedure 14
  • Section   B IMPLEMENTATION 14
  • 6 Implementation of a Mutually Agreed Solution 14
  • Section   C GENERAL PROVISIONS 14
  • 7 Relationship to Dispute Settlement 14
  • 8 Time Limits 14
  • 9 Costs 14
  • 10 Review 14
  • ANNEX 14-B  RULES OF PROCEDURE FOR ARBITRATION 14
  • 1 General Provisions 14
  • 2 Notifications 15
  • 3 Commencing the Arbitration 15
  • 4 Initial Submissions 15
  • 5 Working of Arbitration Panels 15
  • 6 Replacement 15
  • 7 Hearings 15
  • 8 Questions In Writing 15
  • 9 Confidentiality 15
  • 10 Ex Parte Contacts 15
  • 11 Amicus Curiae Submissions 15
  • 12 Urgent Cases 15
  • 13 Translation and Interpretation 15
  • 14 Calculation of Time Limits 15
  • 15 Other Procedures 15
  • ANNEX 14-C  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS 15
  • 1 Definitions 15
  • 2 Responsibilities to the Process 15
  • 3 Disclosure Obligations 15
  • 4 Duties of Members 15
  • 5 Independence and Impartiality of Members 15
  • 6 Obligations of Former Members 15
  • 7 Confidentiality 15
  • 8 Mediators 15