This Chapter is not subject to dispute settlement under Chapter 12.
Chapter 7. COMPETITION POLICY
Article 7.1. Definition
For the purposes of this Chapter:
"anti-competitive business conduct" means anti-competitive agreements between enterprises, concerted practices or decisions by associations of enterprises, anti- competitive practices by an enterprise that is dominant in a market, and mergers with substantial anti-competitive effects.
Article 7.2. Competition Law
1. The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business conduct has the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.
2. The Parties shall take appropriate measures to proscribe anti-competitive business conduct, recognising that such measures will enhance the fulfilment of the objectives of this Agreement.
3. The Parties recognise the importance of cooperation and coordination to further enhance effective competition law enforcement. Their respective competition authorities shall endeavour to coordinate and cooperate, including through notification, consultation and exchange of non-confidential information, in the enforcement of their respective competition law to fulfil the objectives of this Agreement.
4. The measures referred to in paragraph 2 shall be consistent with the principles of transparency, non-discrimination and procedural fairness. Exclusions from the application of competition law shall be transparent. A Party shall make available to the other Party public information concerning such exclusions provided under its competition law.
Article 7.3. Application of Competition Law to Publicly Owned or Controlled Enterprises
Each Party shall ensure that the measures referred to in paragraph 2 of Article 7.2 apply to that Partyâs publicly owned or controlled enterprises to the extent required by its law.
Article 7.4. Dispute Settlement
This Chapter shall not be subject to dispute settlement under Chapter 12.
Chapter 8. GOVERNMENT PROCUREMENT
Article 8. General Provisions
The Parties shall consult on the mutual opening of their respective government procurement markets, using in particular the GPA as a framework for future dialogue.
Chapter 9. INTELLECTUAL PROPERTY RIGHTS
Article 9. General Provisions
1. The Parties confirm the importance of ensuring adequate and effective protection and enforcement of intellectual, industrial and commercial property rights.
2. The Parties shall provide suitable and effective protection of intellectual, industrial and commercial property rights in line with the TRIPS Agreement.
3. The Parties shall ensure an adequate and effective implementation of the obligations arising from the following multilateral conventions on intellectual, industrial and commercial property rights:
(a) the Berne Convention for the Protection of Literary and Artistic Works, done at Berne on 9 September 1886, as revised at Paris on 24 July 1971, and as amended on 28 September 1979;
(b) the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961;
(c) the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883, as revised at Stockholm on 14 July 1967, and as amended on 28 September 1979;
(d) the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, done at Nice on 15 June 1957, as revised at Geneva on 13 May 1977, and as amended on 28 September 1979;
(e) the Patent Cooperation Treaty (PCT), done at Washington on 19 June 1970, as amended on 28 September 1979 and modified on 3 February 1984;
(f) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989;
(g) the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on 28 April 1977, as amended on 26 September 1980; and
(h) the International Convention for the Protection of New Varieties of Plants, done at Paris on 2 December 1961, as revised on 19 March 1991.
4. The Joint Committee may decide that paragraph 3 also applies to other multilateral conventions or international agreements relating to intellectual, industrial and commercial property rights to which both Parties are party.
5. The Joint Committee shall monitor the implementation and application of the intellectual, industrial and commercial property rights provisions of this Agreement. The Joint Committee shall make recommendations which may include the establishment of a subcommittee on intellectual, industrial and commercial property rights.
6. For the purpose of this Agreement, intellectual, industrial and commercial property rights include in particular copyright, including the copyright in computer programmes, and related rights, patents, industrial designs, topographies of integrated circuits and geographical indications including trademarks as well as protection against unfair competition as referred to in Article 10 (bis) of the Paris Convention for the Protection of Industrial Property, and protection of undisclosed information on know-how.
7. Each Party shall be free to establish its own regime for the exhaustion of intellectual, industrial and commercial property rights subject to the relevant provisions of the TRIPS Agreement.
Chapter 10. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 10.1. Establishment of the United Kingdom-Turkey Joint Committee
1. A Joint Committee comprising representatives of both Parties is hereby established. The Joint Committee shall be co-chaired by representatives of both Parties at a ministerial level or their respective designees.
2. The Joint Committee shall hold its first meeting within one year of the date of entry into force of this Agreement. Thereafter, the Joint Committee shall meet at such times as may be agreed by the Parties. The Joint Committee may meet in person or by other means, as agreed between the Parties.
3. To ensure this Agreement operates properly and effectively, the Joint Committee shall:
(a) review and monitor the implementation and operation of this Agreement and, if necessary, make recommendations to the Parties to ensure the proper functioning of this Agreement;
(b) supervise and coordinate the work of subcommittees, working groups or other bodies established under this Agreement;
(c) adopt at its first meeting its own rules of procedure; and
(d) consider any other matter under this Agreement as the representatives of the Parties agree.
4. To ensure this Agreement operates properly and effectively, the Joint Committee may:
(a) establish, merge or dissolve subcommittees, working groups or other bodies and determine their composition, function and duties;
(b) recommend to the Parties amendments to this Agreement;
(c) at the request of either Party, adopt decisions to amend any Annex or Protocol to this Agreement to ensure its proper functioning;
(d) adopt interpretations of the provisions of this Agreement, which shall be binding on the Parties and all subcommittees, working groups or other bodies set up under this Agreement;
(e) make recommendations to assist in the resolution of disputes between the Parties; and
(f) take any other action in the exercise of its functions as the Parties may agree.
Article 10.2. Decision and Recommendations of the Joint Committee
1. The Joint Committee may take decisions where provided for in this Agreement. Decisions of the Joint Committee shall be binding on the Parties. The Parties shall take the necessary measures to implement the decisions.
2. The Joint Committee may make recommendations relevant for the implementation and operation of this Agreement.
3. Decisions and recommendations of the Joint Committee shall be made by consensus and adopted either in person or in writing.
Article 10.3. Amendments
1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force on the first day of the second month following the receipt of the later written notification by which the Parties notify each other that they have completed their respective legal requirements and procedures for the entry into force of that amendment, or on such a date as the Parties may agree.
2. Notwithstanding paragraph 1, the Joint Committee may decide to amend an Annex or Protocol to this Agreement on a proposal from either Party. The Parties may adopt the Joint Committeeâs decision subject to their respective applicable legal requirements and procedures.
Chapter 11. EXCEPTIONS
Article 11.1. General Exceptions
Article XX of the GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis.
Article 11.2. Security Exceptions
Nothing in this Agreement shall be construed as:
(a) requiring a Party to provide any information the disclosure of which it considers contrary to its essential security interests;
(b) preventing a Party from taking any action, which it considers necessary for the protection of its essential security interests, including action:
(i) relating to fissionable and fusionable materials or the materials from which they are derived;
(ii) relating to the production of or trade in arms, ammunition and implements of war as well as to the production of or trade in other goods and materials as carried out directly or indirectly for the purpose of supplying military and other security establishments;
(iii) taken in time of war or other emergency in international relations; or
(c) preventing a Party from taking any action in pursuance of its obligations under the Charter of the United Nations for the purpose of maintaining international peace and security.
Article 11.3. Restrictions In Case of Balance of Payments and External Financing Difficulties
1. Where a Party experiences serious balance-of-payments, capital movements, or external financing difficulties that cause or threaten to cause serious macroeconomic difficulties related to monetary and exchange rate policies, it may adopt or maintain restrictive measures with regard to capital movements, payments or transfers.
2. The measures referred to in paragraph 1 shall:
(a) be consistent with the Articles of the Agreement of the International Monetary Fund (IMF), as applicable;
(b) not exceed those necessary to deal with the circumstances described in paragraph 1;
(c) be temporary and phased out progressively as the situation specified in paragraph 1 improves;
(d) avoid unnecessary damage to the commercial, economic and financial interests of the other Party or of third countries; and
(e) be non-discriminatory compared to third countries in like situations.
3. Each Party may adopt restrictive measures in order to safeguard its external financial position or balance-of-payments. Those measures shall be in accordance with the GATT 1994 and the Understanding on the Balance of Payments provisions of the GATT 1994, contained in Annex 1A to the WTO Agreement.
4. A Party maintaining or having adopted measures referred to in paragraphs 1 and 2 shall notify the other Party in writing, along with the rationale for their imposition, within 45 days of their adoption or maintenance.
5. If restrictions are adopted or maintained under this Article, the Parties shall promptly hold consultations at the Joint Committee, unless consultations are held in other fora. The consultations shall assess the balance-of-payments or external financial difficulty that led to the measures, taking into account, infer alia, factors such as:
(a) the nature and extent of the difficulties;
(b) the external economic and trading environment; and
(c) alternative corrective measures which may be available.
6. The consultations pursuant to paragraph 5 shall address the compliance of any restrictive measures with paragraphs 1 and 2. The Parties shall accept all findings of statistical nature and other facts presented by the IMF relating to foreign exchange, monetary reserves, balance-of-payments. The Parties' conclusions on compliance shall be based on the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.
Article 11.4. Taxation Measures
1. For the purposes of this Article:
(a) "tax convention" means a convention for the avoidance of double taxation, or any other international taxation agreement or arrangement;
(b) "taxes" and "taxation measures" include excise duties, but do not include:
(i) a "customs duty" as defined in Article 1.2;
(ii) a fee or other charge in connection with the importation commensurate with the cost of services rendered; or
(iii) an antidumping or a countervailing duty.
2. Except as provided in this Article, nothing in this Agreement applies to taxation measures.
3. Nothing in this Agreement affects the rights and obligations of either Party, under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, the tax convention prevails to the extent of the inconsistency.
4. In the case of a tax convention between the Parties, if an issue arises as to whether any inconsistency exists between this Agreement and the tax convention, the issue shall be referred by the Parties to the competent authorities under, or in respect of, that tax convention.
5. Notwithstanding paragraph 3:
(a) Article 2.3, and such other measures as are necessary to give effect to that Article, apply to taxation measures to the same extent as does Article Ill of the GATT 1994 including its interpretative notes; and
(b) Article 2.8 applies to taxation measures.
Chapter 12. DISPUTE SETTLEMENT
Article 12.1. Scope
This Chapter applies to any dispute concerning the application and interpretation of the provisions of this Agreement, unless otherwise provided for in this Agreement.
Article 12.2. Definition
For the purposes of this Chapter: "Rules of Procedure" mean the rules of procedure adopted by the Joint Committee under paragraph 3 of Article 12.6.
Article 12.3. Referral to the Joint Committee
1. A Party may submit to the Joint Committee any dispute relating to the application or interpretation of the provisions referred to in Article 12.1 by delivering written notification to the other Party.
2. The Joint Committee may settle the dispute by decision.
3. Each Party shall take the measures necessary to comply with such decision.
Article 12.4. Request for the Establishment of an Arbitration Panel
1. Where the dispute cannot be settled within 60 days of the date of the submission of the dispute to the Joint Committee, the complaining Party may refer the matter to arbitration by requesting the establishment of an arbitration panel in accordance with paragraph 2.
2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the Joint Committee. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 12.1.
Article 12.5. Composition of the Arbitration Panel
1. The arbitration panel shall be composed of three arbitrators.
2. Each Party shall appoint one arbitrator within 30 days of the date of receipt of the request for the establishment of the arbitration panel. If a Party fails to appoint an arbitrator within that period, the other Party may request the Chair of the Joint Committee, or the Chair's delegate, to draw by lot the second arbitrator from a sub-list established under Article 12.6, which shall be the sub-list of the Party whose arbitrator has not yet been appointed.
3. The two arbitrators so designated shall appoint by agreement a chairperson who shall not be a national of either Party. If they cannot agree within two months after the date on which the second arbitrator has been appointed, either Party may request the Chair of the Joint Committee, or the Chairâs delegate, to draw by lot the chairperson from the sub-list of chairpersons established under Article 12.6.
Article 12.6. List of Arbitrators
The Joint Committee shall, at its first meeting after the entry into force of this Agreement, establish a list of at least 15 individuals, chosen on the basis of knowledge of international trade law, objectivity, reliability and sound judgment, who are willing and able to serve as arbitrators. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party to act as chairpersons. Each sub-list shall include at least five individuals. The Joint Committee may review the list at any time and shall ensure that the list conforms with this Article.
Article 12.7. Arbitration Award
The arbitration panel shall issue an award to the Parties within 120 days of the date of establishment of the arbitration panel. The arbitration award shall contain:
(a) findings of fact;
(b) the determination of the panel as to whether:
(i) the measure at issue is inconsistent with obligations under this Agreement; or
(ii) a Party has otherwise failed to carry out its obligations under this Agreement;
(c) any other determination requested in the terms of reference; and
(d) the reasons for the finding and determinations.
2. The arbitration award shall be binding on the Parties.
3. The Joint Committee shall adopt the Rules of Procedure at its first meeting. Arbitration panels shall apply these Rules of Procedure, including any subsequent amendments to them made by the Joint Committee, in disputes under this Chapter. The Parties may agree, for the purposes of a dispute under this Chapter, that different rules of procedure shall apply, and the arbitration panel for that dispute shall apply such rules if they are so agreed.
Article 12.8. Compliance with Arbitration Award
1. If the arbitration panel finds that the measure of the Party complained against is inconsistent with its obligations under this Agreement, or that it has failed to carry out its obligations under this Agreement, the Party complained against shall take any measure necessary to promptly comply in good faith with the arbitration award. If immediate compliance is not possible, the Parties shall endeavour to agree on a reasonable period of time for compliance. If the Parties are unable to agree on a reasonable period of time within 45 days of the date of the issuance of the arbitration award, the complaining Party may request the original arbitration panel to determine the length of the reasonable period of time for compliance. The arbitration panel shall notify its determination to the Parties no later than 30 days after the date of the request.
2. The reasonable period of time determined by the arbitration panel shall not exceed 12 months from the date of issuance of the arbitration award to the Parties. The length of the reasonable period of time may be extended by mutual agreement of the Parties.
3. The Party complained against shall inform the complaining Party in writing on its progress to comply with the arbitration award at least one month before the expiry of the reasonable period of time.
Article 12.9. Compliance Review
1. The Party complained against shall, no later than the date of expiry of the reasonable period of time, notify the complaining Party of any measures taken to comply with the arbitration award.
2. Where there is disagreement between the Parties on the existence of measures taken to comply with the arbitration award, or their consistency with the provisions of this Agreement, the complaining Party may request in writing, no later than 20 days after the notification made in accordance with paragraph 1, the original arbitration panel to examine the matter. The arbitration panel shall notify its decision to the Parties no later than 60 days after the date of referral of the matter.
Article 12.10. Compensation and Suspension of Concessions or other Obligations
1. If the Party complained against fails to notify the complaining Party of any measure taken to comply with the arbitration award, or notifies the complaining Party that it is impracticable to comply with the arbitration award within the reasonable period of time, or the original panel finds, in accordance with paragraph 2 of Article 12.9, that the measures taken to comply with the arbitration award as notified by the Party complained against are inconsistent with the provisions of this Agreement, that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on mutually satisfactory compensation or any alternative arrangement.
2. If no mutually satisfactory compensation or alternative arrangement has been agreed within 20 days from the receipt of the request for consultation, the complaining Party may notify the other Party of the level of intended suspension of concessions or other obligations, which shall be equivalent to the level of nullification or impairment that is caused by the failure of the Party complained against to comply with the arbitration award.
3. In considering what concessions or other obligations to suspend, the complaining Party shall apply the following principles and procedures:
(a) the general principle is that the complaining Party should first seek to suspend concessions or other obligations in the same sector(s) as that in which the arbitration panel has found an inconsistency with this Agreement;
(b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations in the same sector(s), it may seek to suspend concessions or other obligations in other sectors that are subject to dispute settlement under this Chapter. The complaining Party shall indicate the reasons for its decision to suspend concessions or other obligations in a different sector.
4. The complaining Party shall have the right to implement the suspension of concessions or other obligations 10 days after the date on which it provides notification in accordance with paragraph 2, unless the Party complained against has requested the original arbitration panel to examine the matter pursuant to paragraph 5.
5. If the Party complained against considers that the intended level of suspension of concessions or other obligations is not equivalent to the nullification or impairment or that the complaining Party has failed to follow the principles and procedures set out in paragraph 3, it may request, no later than 10 days after the date of receipt of the notification referred to in paragraph 2 for the original arbitration panel to examine the matter. The arbitration panel shall notify its decision to the Parties no later than 60 days after the date of the request. Concessions or other obligations shall not be suspended until the panel has notified its decision.
6. Any compensation or suspension of concessions or other obligations shall be temporary and shall only apply until the arbitration award has been complied with, or until the Parties have agreed on a mutually acceptable solution.
Article 12.11. Compliance Review after the Adoption of Temporary Remedies
1. Upon notification by the Party complained against to the complaining Party of the measures taken to comply with the arbitration award and if the complaining Party confirms that the measures taken achieve compliance, the complaining Party shall terminate the suspension of concessions or other obligations or the application of compensation or any alternative arrangement, no later than 10 days after the complaining Party confirms that it agrees that the arbitration award has been complied with.
2. Ifthe Parties do not reach an agreement on whether the measures are consistent with the provisions of this Agreement within 30 days of the date of notification in accordance with paragraph 1, the responding Party shall request in writing the original arbitration panel to examine the matter.
3. The arbitration panel shall notify its decision to the Parties no later than 60 days after the date of the request.
4. If the arbitration panel decides that the measures notified in accordance with paragraph 1 are consistent with the provisions of this Agreement, the suspension of concessions or other obligations or the application of compensation or any alternative arrangement, shall be terminated no later than 10 days after the date of the decision. If the arbitration panel decides that the measures notified in accordance with paragraph 1 are inconsistent with the provisions of this Agreement, the suspension of concessions or other obligations, or the application of the compensation or any alternative arrangement, may continue. Where relevant, the level of suspension of concessions or other obligations or of the compensation or any alternative arrangement shall be adapted in light of the decision of the arbitration panel.
Chapter 13. FINAL PROVISIONS
Article 13.1. Transparency
1. For the purposes of this Article, "measure of general application" means any law, regulation, rule, administrative decision, or administrative procedure, of general application with respect to any matter covered by this Agreement.
2. Each Party shall ensure that measures of general application in respect of any matter covered by this Agreement are promptly published or made available in such a manner as to enable interested persons and the other Party to become acquainted with them. To the extent possible, each Party shall make these measures available online.
3. Each Party shall, to the extent possible, endeavour to allow for a reasonable interval between the time when those measures of general application are published or made publicly available and the time when they enter into force, except in duly justified cases.