ARTICLE 6.2
Information Sharing and Transparency
1. Each Party shall establish or maintain its own publicly accessible websites containing information regarding this Agreement, including:
(a) the text of this Agreement, including all Annexes, tariff schedules and product specific rules of origin;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that the Party considers useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its websites links to:
(a) the equivalent websites of the other Parties; and
(b) the websites of its government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing or doing business in that Party?s territory.
3. Subject to each Party?s domestic laws and regulations, the information described in subparagraph 2(b) may include:
(a) customs regulations and procedures;
(b) regulations and procedures concerning intellectual property rights;
(c) technical regulations, standards, and sanitary and phytosanitary measures relating to importation and exportation;
(d) foreign investment regulations;
(e) business registration procedures;
(f) employment regulations;
(g) taxation information;
(h) government policies, programmes and initiatives supporting start-ups and innovation;
(i) access to finance, including public financial support schemes and relevant financing opportunities;
(j) technology development, digital transformation, and related support initiatives;
(k) sustainable business models and green transition initiatives; and
(l) other information which the Party considers to be useful for SMEs.
4. Each Party shall endeavour to make the information available in English.
5. Each Party shall regularly review the information and links on the websites referred to in paragraphs 1 and 2 to ensure that such information and links are up-to-date and accurate.
ARTICLE 6.3
SMEs Contact Points and Cooperation
1. The Parties recognise the importance of cooperating to reduce barriers to the access of SMEs to their respective markets.
2. To this end, each Party shall, within 30 days from the date of entry into force of this Agreement for that Party, designate an SMEs contact point within its administration for the implementation of this Chapter and notify the other Parties of the contact details. The Parties shall promptly notify each other of any changes of those contact details.
3. Cooperation between the Parties shall mainly take the form of exchange of information and dialogue on issues of mutual interest and shall be channelled through their respective SMEs contact points.
4. Taking into account the specific needs of SMEs in the implementation of this Agreement, the SMEs contact points shall, in accordance with their respective laws and regulations, seek to:
(a) exchange information related to SMEs, including any matter brought to their attention by SMEs in their trade and investment activities with another Party, such as non-tariff measures adversely affecting trade outcomes;
(b) cooperate to develop digital windows that facilitate the efforts of SMEs to establish operations in another Party, as well as in respect of other assistance programmes and tools;
(c) exchange information related to the participation of SMEs in e-commerce, with a view to assisting SMEs to take advantage of the opportunities arising from this Agreement;
(d) promote awareness, understanding, and effective use of the Parties? intellectual property systems among SMEs;
(e) recommend any additional information that the Parties may publish pursuant to Article 6.2 (Information Sharing and Transparency); and
(f) consider any other matters of interest to SMEs.
5. Any Party may raise matters arising under this Chapter in the Joint Committee.
6. In carrying out their activities, the SMEs contact points may cooperate with experts and other relevant stakeholders, in accordance with the Parties? domestic laws and regulations.
ARTICLE 6.4
Non-Application of Dispute Settlement
No Party shall have recourse to Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 7. GOVERNMENT PROCUREMENT
ARTICLE 7.1
Objectives
The objectives of this Chapter are to promote transparency of domestic laws and regulations regarding government procurement, enhance cooperation between the Parties, and facilitate participation by suppliers in government procurement.
ARTICLE 7.2
Scope
This Chapter shall apply to the domestic laws and regulations of general application of a Party regarding government procurement for the purposes of this Chapter.
ARTICLE 7.3
Transparency
1. The Parties shall make publicly available their domestic laws and regulations regarding government procurement.
2. The Parties shall endeavour to establish and maintain electronic means for publishing their respective laws and regulations and information on government procurement, given the available resources.
3. Each Party shall specify in Appendix 7A-b (Means of Publication) of Annex 7A (Government Procurement) the paper or electronic means utilised by that Party to publish the information referred to in paragraph 1.
4. Each Party shall endeavour to respond, upon request, to specific questions relating to the information referred to in paragraph 1.
ARTICLE 7.4
Use of Electronic Means
The Parties shall endeavour, to the extent possible, to use electronic means for the publication of notices and tender documentation, the submission of tenders, and information exchange.
ARTICLE 7.5
Environmentally Sustainable Public Procurement
The Parties recognise that government procurement can contribute to environmental sustainability. Accordingly, each Party shall endeavour to incorporate environmentally sustainable procurement policies and practices, to the extent possible and as appropriate, in accordance with the Party?s domestic laws and regulations.
ARTICLE 7.6
Facilitation of Participation of Small and Medium-Sized Enterprises
The Parties recognise the important contribution that small and medium-sized enterprises, including micro-sized enterprises (SMEs), can make to economic growth and employment and the importance of facilitating the participation of SMEs in government procurement.
ARTICLE 7.7
Cooperation
1. The Parties recognise the importance of cooperation in the field of government procurement with a view to achieving a better understanding of their respective government procurement systems in accordance with their respective laws and regulations and given the available resources.
2. The Parties shall cooperate for the purposes of improving transparency, promoting fair competition and the use of electronic technologies in the field of government procurement.
3. The Parties shall inform each other as soon as possible of any significant modification of their respective laws and regulations.
4. The Parties shall endeavour to cooperate in the following:
(a) facilitating participation of suppliers in government procurement, in particular, with respect to SMEs;
(b) exchanging experience and information, such as regulatory frameworks, best practices and statistics;
(c) developing and expanding the use of electronic means in government procurement systems; and
(d) providing training, technical assistance, and capacity building to Parties.
5. The Parties shall develop further cooperation based on mutual experience in the field of government procurement.
ARTICLE 7.8
Contact Points
1. Each Party shall designate a contact point in Appendix 7A-a (Contact Points) of Annex 7A (Government Procurement) to monitor the implementation of this Chapter. The contact points shall work collaboratively to facilitate the implementation of this Chapter.
2. The Parties shall promptly notify each other of any changes to their contact points.
ARTICLE 7.9
Consultation
1. In the event of any disagreement relating to the application of the provisions of this Chapter, the Parties shall make every effort to reach a mutually satisfactory resolution through consultations.
2. Each Party shall accord sympathetic consideration to and shall afford adequate opportunity for consultations regarding the implementation of this Chapter.
3. A request for such consultations shall be submitted to the other Party?s contact point. Unless the Parties agree otherwise, they shall hold consultations within 60 days from the date of receipt of the request.
4. Consultations may be conducted in person or via email, teleconference, videoconference, or any other means, as agreed by the Parties.
ARTICLE 7.10
Non-Application of Dispute Settlement
1. No Party shall have recourse to Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
2. The Parties agree to negotiate the application of Chapter 13 (Dispute Settlement) to any new articles in the context of Article 7.11 (Further Negotiations).
ARTICLE 7.11
Further Negotiations
The Parties shall within three years from the entry into force of this Agreement enter into negotiations with a view to developing this Chapter further by including market access commitments in government procurement.
The consequent amendments shall be subject to ratification, approval or acceptance by the Parties.
Chapter 8. COMPETITION
Article 8.1. Objectives
The Parties recognise the importance of undistorted competition in their trade relations and acknowledge that anti-competitive practices have the potential to undermine the benefits of liberalisation arising from this Agreement.
Article 8.2. Rules of Competition Concerning Enterprises
1. The following practices of enterprises are incompatible with the proper functioning of this Agreement in so far as they may affect trade between the Parties:
(a) agreements between enterprises, decisions by associations of enterprises and concerted practices between enterprises which have as their object or effect the prevention, restriction or distortion of competition; or
(b) abuse by one or more enterprises of a dominant position in the territory of a Party as a whole or in a substantial part thereof.
2. This Chapter applies to all enterprises of the Parties. Such application shall not hinder enterprises with special and exclusive rights authorised by their domestic laws and regulations from exercising those rights.
3. The provisions of paragraphs 1 and 2 shall not be construed so as to create any direct obligations for enterprises.
4. The Parties involved shall cooperate and consult in their dealings with anti-competitive practices as outlined in paragraphs 1 and 2 in accordance with the domestic laws and regulations of the Parties, with the aim of eliminating such practices or their adverse effects on trade. Cooperation may include the exchange of pertinent information that is available to the Parties. No Party shall be required to disclose information that is confidential according to its domestic laws and regulations.
5. If a Party considers that an anti-competitive practice referred to in paragraph 1 continues to affect trade between the Parties, after cooperation or consultations in accordance with paragraph 4, it may request consultations in the Joint Committee with a view to finding a mutually acceptable solution. The Parties involved shall give the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to.
Article 8.3. Cooperation and Consultations
The Parties recognise the importance of cooperation and consultations in the area of competition policy. The Parties may, in accordance with their domestic laws and regulations and their available resources, exchange information on the development of competition policy. The Parties may conduct such cooperation and consultations through their competent authorities.
Article 8.4. Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 9. PROTECTION OF INTELLECTUAL PROPERTY
ARTICLE 9.1
Protection of Intellectual Property
1. The Parties shall provide and ensure adequate, effective and non-discriminatory protection of intellectual property rights, and provide for measures for the enforcement of such rights against infringement thereof, including counterfeiting and piracy, in accordance with this Chapter and Annex 9A (Protection of Intellectual Property), and the international agreements as well as domestic laws and regulations referred to therein.
2. Each Party shall accord to the nationals of the other Parties treatment no less favourable than that it accords to its own nationals in respect of rights provided under this Chapter, subject to the exceptions provided in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) and in the multilateral agreements administered by the World Intellectual Property Organization (WIPO), to which that Party is a party, not referred to in the TRIPS Agreement (16).
3. With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Party to the nationals of any third country shall be accorded immediately and unconditionally to the nationals of the other Parties, subject to the exceptions provided for in Articles 4 and 5 of the TRIPS Agreement.
4. The Parties agree to discuss and aim to resolve, within the mandate of the Joint Committee set out in Article 12.1 (Joint Committee), issues relating to this Chapter and Annex 9A (Protection of Intellectual Property) with a view to avoiding or remedying trade distortions.
(16) For greater certainty, the obligation provided for in this paragraph does not apply to the extent that the other Party makes use of transitional periods or reservations permitted under such agreements.
Chapter 10. TRADE AND SUSTAINABLE DEVELOPMENT
ARTICLE 10.1
Context and Objectives
1. The Parties recall the Stockholm Declaration of the United Nations Conference on the Human Environment of 1972, the Rio Declaration on Environment and Development of 1992, Agenda 21 on Environment and Development of 1992, the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998, as amended in 2022, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the Ministerial Declaration of the UN Economic and Social Council on Full and Productive Employment and Decent Work for All of 2006, the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022, and the outcome document of the UN Summit on the Sustainable Development Goals - Transforming our World: The 2030 Agenda for Sustainable Development? of 2015.
2. The Parties recognise that economic development, social development and environmental protection are interdependent and mutually supportive components of sustainable development. They underline the benefit of cooperation on trade-related labour and environmental issues as part of a global approach to trade and sustainable development.
3. The Parties agree to promote the development of international trade in such a way as to contribute to the objective of sustainable development.
4. This Chapter reflects a cooperative approach grounded in shared values and interests, while taking into account the differences in the Parties' respective levels of development.
ARTICLE 10.2
Scope
Except as otherwise provided for in this Chapter, this Chapter applies to measures adopted or maintained by the Parties affecting trade-related and investment-related aspects of labour and environmental issues.
ARTICLE 10.3
Right to Regulate and Levels of Protection
1. Recognising the right of each Party, in a manner consistent with this Agreement, to establish its own levels of environmental and labour protection, and to adopt or modify accordingly its relevant domestic laws and policies, each Party shall seek to ensure that its domestic laws, policies and practices provide for and encourage high levels of domestic protection in the environmental and labour areas, consistent with standards, principles and agreements referred to in Articles 10.5 (International Labour Standards and Agreements) and 10.7 (Multilateral Environmental Agreements and Environmental Principles), and will further improve the levels of protection provided for in those laws and policies.
2. The Parties recognise the importance of taking account of scientific, technical and other information, and relevant international standards, guidelines and recommendations when preparing and implementing environment and labour related measures that affect trade and investment between them.
3. The Parties agree that the provisions of this Chapter shall not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade between the Parties.
ARTICLE 10.4
Upholding Levels of Protection in the Application and Enforcement of Laws and Regulations
1. A Party shall not fail to effectively enforce its environmental and labour laws and regulations through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties.
2. Without prejudice to each Party's right to establish its own level of environmental and labour protection and to adopt or modify accordingly its relevant domestic laws, regulations, policies and practices, a Party shall not:
(a) weaken or reduce the levels of environmental or labour protection provided by its domestic laws and regulations with the sole intention to encourage investment from another Party or to seek or to enhance a competitive trade advantage of producers or service providers operating in its territory; or
(b) waive or otherwise derogate from, or offer to waive or otherwise derogate from, such domestic laws and regulations in order to encourage investment from another Party or to seek or to enhance a competitive trade advantage of producers or service providers operating in its territory.
ARTICLE 10.5
International Labour Standards and Agreements
1. The Parties recall the obligations deriving from membership of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up adopted by the International Labour Conference at its 86th Session in 1998, as amended in 2022, to respect, promote and realise the principles concerning the fundamental rights, namely:
(a) the freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour;
(d) the elimination of discrimination in respect of employment and occupation; and
(e) a safe and healthy working environment.
2. The Parties recall the obligations deriving from membership of the ILO to effectively implement the ILO Conventions which they have ratified and to make continued and sustained efforts towards ratifying the fundamental ILO Conventions, and to consider the ratification of other Conventions classified as ?up-to-date? by the ILO, taking into account their domestic circumstances.
3. The Parties recognise the importance of the strategic objectives of the ILO Decent Work Agenda, as reflected in the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022.
4. The violation of fundamental principles and rights at work shall not be invoked or otherwise used as a legitimate comparative advantage. Labour standards shall not be used for protectionist trade purposes.
ARTICLE 10.6