3. In accordance with its law, each Party shall ensure that any decisions adopted in proceedings as referred to in paragraph 1 are based on the evidence and submissions of record or, where applicable, on the record compiled by the competent administrative authority. 4. Each Party shall ensure that decisions as referred to in paragraph 3 shall be implemented by the authority entrusted with administrative enforcement, subject to appeal or further review as provided for in its law.
Article 339. Relation to other Titles
The provisions set out in this Title supplement the specific transparency rules set out in those Titles of this Heading with respect to which this Title applies.
Title X. GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION
Article 340. General Principles
1. Each Party shall be free to determine its approach to good regulatory practices under this Agreement in a manner consistent with its own legal framework, practice, procedures and fundamental principles (1) underlying its regulatory system.
2. Nothing in this Title shall be construed as requiring a Party to:
(a) deviate from its domestic procedures for preparing and adopting regulatory measures;
(b) take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or
(c) achieve any particular regulatory outcome.
3. Nothing in this Title shall affect the right of a Party to define or regulate its own levels of protection in pursuit or furtherance of its public policy objectives in areas such as:
(a) public health;
(b) human, animal or plant life and health, and animal welfare;
(c) occupational health and safety;
(d) labour conditions;
(e) environment including climate change;
(f) consumer protection;
(g) social protection and social security;
(h) data protection and cybersecurity;
(i) cultural diversity;
(j) integrity and stability of the financial system, and protection of investors;
(k) energy security; and
(l) anti-money laundering.
For greater certainty, for the purposes of in particular point (c) and (d) of the first subparagraph, the different models of industrial relations, including the role and autonomy of social partners, as provided for in the law or national practices of a Party, shall continue to apply, including laws and practices concerning collective bargaining and the enforcement of collective agreements.
4. Regulatory measures shall not constitute a disguised barrier to trade.
Article 341. Definitions
For the purposes of this Title, the following definitions apply:
(a) "regulatory authority" means:
(i) for the Union, the European Commission; and
(ii) for the United Kingdom, Her Majesty's Government of the United Kingdom of Great Britain and Northern Ireland, and the devolved administrations of the United Kingdom.
(b) "regulatory measures" means:
(i) for the Union:
(A) regulations and directives, as provided for in Article 288 TFEU; and
(B) implementing and delegated acts, as provided for in Articles 290 and 291 TFEU, respectively; and
(ii) for the United Kingdom:
(A) primary legislation; and
(B) secondary legislation.
Article 342. Scope
1. This Title applies to regulatory measures proposed or issued, as relevant, by the regulatory authority of each Party in respect of any matter covered by Titles I to IX, Title XI and Title XII of this Heading and Heading Six.
2. Articles 351 and 352 also apply to other measures of general application issued or proposed by the regulatory authority of a Party in respect of any matter covered by the Titles referred to in paragraph 1 of this Article which are relevant to regulatory cooperation activities, such as guidelines, policy documents or recommendations.
3. This Title does not apply to regulatory authorities and regulatory measures, regulatory practices or approaches of the Member States,
4. Any specific provisions in the Titles referred to in paragraph 1 of this Article shall prevail over the provisions of this Title to the extent necessary for the application of the specific provisions.
Article 343. Internal Coordination
Each Party shall have in place internal coordination or review processes or mechanisms with respect to regulatory measures that its regulatory authority is preparing. Such processes or mechanisms should seek, inter alia, to:
(a) foster good regulatory practices, including those set forth in this Title;
(b) identify and avoid unnecessary duplication and inconsistent requirements between the Party's own regulatory measures;
(c) ensure compliance with the Party's international trade and investment obligations; and
(d) promote the consideration of the impact of the regulatory measures under preparation, including the impact on small and medium-sized enterprises (1), in accordance with its respective rules and procedures.
Article 344. Description of Processes and Mechanisms
Each Party shall make publicly available descriptions of the processes or mechanisms used by its regulatory authority to prepare, evaluate or review regulatory measures. Those descriptions shall refer to relevant rules, guidelines or procedures, including those regarding opportunities for the public to provide comments.
Article 345. Early Information on Planned Regulatory Measures
1. Each Party shall make publicly available, in accordance with its respective rules and procedures on at least an annual basis, a list of planned major (1) regulatory measures that its regulatory authority reasonably expects to propose or adopt within a year. The regulatory authority of each Party may determine what constitutes a major regulatory measure for the purposes of its obligations under this Title.
2. With respect to each major regulatory measure included in the list referred to in paragraph 1, each Party should also make publicly available, as early as possible:
(a) a brief description of its scope and objectives; and
(b) if available, the estimated time for its adoption, including any opportunities for public consultation.
Article 346. Public Consultation
1. When preparing a major regulatory measure, each Party, in accordance with its respective rules and procedures, shall ensure that its regulatory authority:
(a) publishes either the draft regulatory measure or consultation documents providing sufficient details about the regulatory measure under preparation to allow any person to assess whether and how that person's interests might be significantly affected;
(b) offers, on a non-discriminatory basis, reasonable opportunities for any person to provide comments; and
(c) considers the comments received.
2. Each Party shall ensure that its regulatory authority makes use of electronic means of communication and shall seek to maintain online services that are available to the public free of charge for the purposes of publishing the relevant regulatory measures or documents of the kind referred to in point (a) of paragraph 1 and of receiving comments related to public consultations.
3. Each Party shall ensure that its regulatory authority makes publicly available, in accordance with its respective rules and procedures, a summary of the results of the public consultations referred to in this Article.
Article 347. Impact Assessment
1. Each Party affirms its intention to ensure that its regulatory authority carries out, in accordance with its respective rules and procedures, impact assessments for any major regulatory measures it prepares. Such rules and procedures may provide for exceptions.
2. When carrying out an impact assessment, each Party shall ensure that its regulatory authority has processes and mechanisms in place that promote the consideration of the following factors:
(a) the need for the regulatory measure, including the nature and the significance of the problem that the regulatory measure intends to address;
(b) any feasible and appropriate regulatory or non-regulatory options that would achieve the Party's public policy objectives, including the option of not regulating;
(c) to the extent possible and relevant, the potential social, economic and environmental impact of those options, including the impact on international trade and investment and, in accordance with its respective rules and procedures, the impact on small and medium-sized enterprises; and
(d) where appropriate, how the options under consideration relate to relevant international standards, including the reasons for any divergence.
3. With respect to an impact assessment that a regulatory authority has conducted for a regulatory measure, each Party shall ensure that its regulatory authority prepares a final report detailing the factors it considered in its assessment and its relevant findings. To the extent possible, each Party shall make such reports publicly available no later than when the proposal for a regulatory measure as referred to in point (b)(i)(A) or (b)(ii)(A) of Article 341 or a regulatory measure as referred to in point (b)(i)(B) or (b)(ii)(B) of that Article has been made publicly available.
Article 348. Retrospective Evaluation
1. Each Party shall ensure that its regulatory authority has in place processes or mechanisms for the purpose of carrying out periodic retrospective evaluations of regulatory measures in force, where appropriate.
2. When conducting a periodic retrospective evaluation, each Party shall endeavour to consider whether there are opportunities to more effectively achieve its public policy objectives and to reduce unnecessary regulatory burdens, including on small and medium-sized enterprises.
3. Each Party shall ensure that its regulatory authority makes publicly available any existing plans for and the results of such retrospective evaluations.
Article 349. Regulatory Register
Each Party shall ensure that regulatory measures that are in effect are published in a designated register that identifies regulatory measures and that is publicly available online free of charge. The register should allow searches for regulatory measures by citations or by word. Each Party shall periodically update its register.
Article 350. Exchange of Information on Good Regulatory Practices
The Parties shall endeavour to exchange information on their good regulatory practices as set out in this Title, including in the Trade Specialised Committee on Regulatory Cooperation.
Article 351. Regulatory Cooperation Activities
1. The Parties may engage in regulatory cooperation activities on a voluntary basis, without prejudice to the autonomy of their own decision-making and their respective legal orders. A Party may refuse to engage in or it may withdraw from regulatory cooperation activities. A Party that refuses to engage in or that withdraws from regulatory cooperation activities should explain the reasons for its decision to the other Party.
2. Each Party may propose a regulatory cooperation activity to the other Party. It shall present its proposal via the contact point designated in accordance with Article 353. The other Party shall review that proposal within a reasonable period and shall inform the proposing Party whether it considers the proposed activity to be suitable for regulatory cooperation.
3. In order to identify activities that are suitable for regulatory cooperation, each Party shall consider:
(a) the list referred to in Article 345(1); and
(b) proposals for regulatory cooperation activities submitted by persons of a Party that are substantiated and accompanied by relevant information.
4. If the Parties decide to engage in a regulatory cooperation activity, the regulatory authority of each Party shall endeavour, where appropriate:
(a) to inform the regulatory authority of the other Party about the preparation of new or the revision of existing regulatory measures and other measures of general application referred to in Article 342(2) that are relevant to the regulatory cooperation activity;
(b) on request, to provide information and discuss regulatory measures and other measures of general application referred to in Article 342(2) that are relevant to the regulatory cooperation activity; and
(c) when preparing new or revising existing regulatory measures or other measures of general application referred to in Article 342(2), consider, to the extent feasible, any regulatory approach by the other Party on the same or a related matter.
Article 352. Trade Specialised Committee on Regulatory Cooperation
1. The Trade Specialised Committee on Regulatory Cooperation shall have the following functions:
(a) enhancing and promoting good regulatory practices and regulatory cooperation between the Parties;
(b) exchanging views with respect to the cooperation activities proposed or carried out under Article 351;
(c) encouraging regulatory cooperation and coordination in international fora, including, when appropriate, periodic bilateral exchanges of information on relevant ongoing or planned activities.
2. The Trade Specialised Committee on Regulatory Cooperation may invite interested persons to participate in its meetings.
Article 353. Contact Points
Within a month after the entry into force of this Agreement, each Party shall designate a contact point to facilitate the exchange of information between the Parties.
Article 354. Non-application of Dispute Settlement
Title I of Part Six does not apply in respect of disputes regarding the interpretation and application of this Title.
Title XI. LEVEL PLAYING FIELD FOR OPEN AND FAIR COMPETITION AND SUSTAINABLE DEVELOPMENT
Chapter 1. GENERAL PROVISIONS
Article 355. Principles and Objectives
1. The Parties recognise that trade and investment between the Union and the United Kingdom under the terms set out in this Agreement, require conditions that ensure a level playing field for open and fair competition between the Parties and that ensure that trade and investment take place in a manner conducive to sustainable development.
2. The Parties recognise that sustainable development encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing, and affirm their commitment to promoting the development of international trade and investment in a way that contributes to the objective of sustainable development.
3. Each Party reaffirms its ambition of achieving economy-wide climate neutrality by 2050.
4. The Parties affirm their common understanding that their economic relationship can only deliver benefits in a mutually satisfactory way if the commitments relating to a level playing field for open and fair competition stand the test of time, by preventing distortions of trade or investment, and by contributing to sustainable development. However the Parties recognise that the purpose of this Title is not to harmonise the standards of the Parties. The Parties are determined to maintain and improve their respective high standards in the areas covered by this Title.
Article 356. Right to Regulate, Precautionary Approach and Scientific and Technical Information (1)
1. The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Title, to determine the levels of protection it deems appropriate and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including its commitments under this Title.
2. The Parties acknowledge that, in accordance with the precautionary approach, where there are reasonable grounds for concern that there are potential threats of serious or irreversible damage to the environment or human health, the lack of full scientific certainty shall not be used as a reason for preventing a Party from adopting appropriate measures to prevent such damage.
3. When preparing or implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment, each Party shall take into account relevant and available scientific and technical information, international standards, guidelines and recommendations.
Article 357. Dispute Settlement
Title I of Part Six does not apply to this Chapter, except for Article 356(2). Articles 408 and 409 apply to Article 355(3).
Chapter 2. COMPETITION POLICY
Article 358. Principles and Definitions.
1. The Parties recognise the importance of free and undistorted competition in their trade and investment relations. The Parties acknowledge that anticompetitive business practices may distort the proper functioning of markets and undermine the benefits of trade liberalisation.
2. For the purposes of this Chapter, an "economic actor" means an entity or a group of entities constituting a single economic entity, regardless of its legal status, that is engaged in an economic activity by offering goods or services on a market.
Article 359. Competition Law
1. In recognition of the principles set out in Article 358, each Party shall maintain a competition law which effectively addresses the following anticompetitive business practices:
(a) agreements between economic actors, decisions by associations of economic actors and concerted practices which have as their object or effect the prevention, restriction or distortion of competition;
(b) abuse by one or more economic actors of a dominant position; and
(c) for the United Kingdom, mergers or acquisitions and, for the Union, concentrations, between economic actors which may have significant anticompetitive effects.
2. The competition law referred to in paragraph 1 shall apply to all economic actors irrespective of their nationality or ownership status.
3. Each Party may provide for exemptions from its competition law in pursuit of legitimate public policy objectives, provided that those exemptions are transparent and are proportionate to those objectives.
Article 360. Enforcement
1. Each Party shall take appropriate measures to enforce its competition law in its territory.
2. Each Party shall maintain an operationally independent authority or authorities competent for the effective enforcement of its competition law.
3. Each Party shall apply its competition law in a transparent and non-discriminatory manner, respecting the principles of procedural fairness, including the rights of defence of the economic actors concerned, irrespective of their nationality or ownership status.
Article 361. Cooperation
1. To achieve the objectives of this Chapter and to enhance the effective enforcement of their respective competition law, the Parties recognise the importance of cooperation between their respective competition authorities with regard to developments in competition policy and enforcement activities.
2. For the purposes of paragraph 1, the European Commission or the competition authorities of the Member States, on the one side, and the United Kingdom's competition authority or authorities, on the other side, shall endeavour to cooperate and coordinate, with respect to their enforcement activities concerning the same or related conduct or transactions, where doing so is possible and appropriate.
3. To facilitate the cooperation and coordination referred to in paragraphs 1 and 2, the European Commission and the competition authorities of the Member States, on the one side, and the United Kingdom's competition authority or authorities, on the other side, may exchange information to the extent permitted by each Party's law.
4. To implement the objectives of this Article, the Parties may enter into a separate agreement on cooperation and coordination between the European Commission, the competition authorities of the Member States and the United Kingdom's competition authority or authorities, which may include conditions for the exchange and use of confidential information.
Article 362. Dispute Settlement
This Chapter shall not be subject to dispute settlement under Title I of Part Six.
Chapter 3. SUBSIDY CONTROL
Article 363. Definitions
1. For the purposes of this Chapter, the following definitions apply:
(a) "economic actor" means an entity or a group of entities constituting a single economic entity, regardless of its legal status, that is engaged in an economic activity by offering goods or services on a market;
(b) "subsidy" means financial assistance which:
(i) arises from the resources of the Parties, including:
(A) a direct or contingent transfer of funds such as direct grants, loans or loan guarantees;
(B) the forgoing of revenue that is otherwise due; or
(C) the provision of goods or services, or the purchase of goods or services;
(ii) confers an economic advantage on one or more economic actors;
(iii) is specific insofar as it benefits, as a matter of law or fact, certain economic actors over others in relation to the production of certain goods or services; and
(iv) has, or could have, an effect on trade or investment between the Parties.
2. For the purposes of point (b)(iii) of paragraph 1: