5. The complaining Party must, within 14 days of the notification referred to in paragraph 4 of this Article, challenge the alleged failure by the respondent Party to comply with this Heading, as referred to in paragraphs 1 and 2 of this Article, by requesting the establishment of an arbitration tribunal under Article 739. Recourse to arbitration under this Article shall be made without having prior recourse to consultations under Article 738. An arbitration tribunal shall treat the issue as a case of urgency for the purpose of Article 744.
6. The suspension shall cease to apply when:
(a) the complaining Party is satisfied that the respondent Party is complying with its relevant obligations under this Heading; or
(b) the arbitration tribunal has decided that the respondent Party has not failed to comply with its relevant obligations under this Heading.
7. Following a finding against the complaining Party in the procedure referred to in paragraph 5 of this Article, the respondent Party may request the arbitration tribunal, within 30 days from its tuling, to determine a level of suspension of obligations under this Agreement not exceeding the level equivalent to the nullification or impairment caused by the application of the remedial measures, if it finds that the inconsistency of the remedial measures with paragraph 1 or 2 of this Article is significant. The request shall propose a level of suspension in accordance with paragraph 1 or 2 of this Article and any relevant principles set out in Article 761. The respondent Party may apply the level of suspension of obligations under this Agreement in accordance with the level of suspension determined by the arbitration tribunal, no sooner than 15 days following such ruling.
8. A Party shall not invoke the WTO Agreement or any other international agreement to preclude the other Party from suspending obligations under this Article.
Article 507. Data Sharing
The Parties shall share such information as is necessary to support the implementation of this Heading, subject to each Party's laws.
Article 508. Specialised Committee on Fisheries
1. The Specialised Committee on Fisheries may in particular:
(a) provide a forum for discussion and cooperation in relation to sustainable fisheries management,
(b) consider the development of multi-year strategies for conservation and management as the basis for the setting of TACs and other management measures;
(c) develop multi-year strategies for the conservation and management of non-quota stocks as referred to in point (b) of Article 500(2);
(d) consider measures for fisheries management and conservation, including emergency measures and measures to ensure selectivity of fishing;
(e) consider approaches to the collection of data for science and fisheries management purposes, the sharing of such data (including information relevant to monitoring, controlling and enforcing compliance), and the consultation of scientific bodies regarding the best available scientific advice;
(f) consider measures to ensure compliance with the applicable rules, including joint control, monitoring and surveillance programmes and the exchange of data to facilitate monitoring uptake of fishing opportunities and control and enforcement;
(g) develop the guidelines for setting the TACs referred to in Article 499(5);
(h) make preparations for annual consultations;
(i) consider matters relating to the designation of ports for landings, including the facilitation of the timely notification by the Parties of such designations and of any changes to those designations;
(j) establish timelines for the notification of measures referred to in Article 496(3), the communication of the lists of vessels referred to in Article 497(1) and the notice referred to in Article 498(7);
(k) provide a forum for consultations under Article 501(2) and Article 506(4);
(l) develop guidelines to support the practical application of Article 500;
(m) develop a mechanism for voluntary in-year transfers of fishing opportunities between the Parties, as referred to in Article 498(8); and
(m) consider the application and implementation of Article 502 and Article 503.
2. The Specialised Committee on Fisheries may adopt measures, including decisions and recommendations:
(a) recording matters agreed by the Parties following consultations under Article 498;
(b) in relation to any of the matters referred to in points (b), (c), (d), (e), (f), (g), (i), (j), (l), (m) and (n) of paragraph 1 of this Article;
(c) amending the list of pre-existing international obligations referred to in Article 496(2);
(d) in relation to any other aspect of cooperation on sustainable fisheries management under this Heading; and
(e) on the modalities of a review under Article 510.
3. The Partnership Council shall have the power to amend Annexes 35, 36 and 37.
Article 509. Termination
1. Without prejudice to Article 779 or Article 521, each Party may at any moment terminate this Heading, by written notification through diplomatic channels. In that event, Heading One, Heading Two, Heading Three and this Heading shall cease to be in force on the first day of the ninth month following the date of notification.
2. In the event of termination of this Heading pursuant to paragraph 1 of this Article, Article 779 or Article 521, obligations entered into by the Parties under this Heading for the year ongoing at the time when this Heading ceases to be in force shall continue to apply until the end of the year.
3. Notwithstanding paragraph 1 of this Article, Heading Two may remain in force, if the Parties agree to integrate the relevant parts of Title XI of Heading One.
4. By way of derogation from paragraphs 1 to 3 of this Article and without prejudice to Article 779 or Article 521:
(a) unless agreed otherwise between the Parties, Article 502, Article 503 and any other provision of this Heading in so far as it relates to the arrangements provided for in those Articles, shall remain in force until:
(i) they are terminated by either Party giving to the other Party three years' written notice of termination; or
(ii) if earlier, the date on which Article 520(3) to (5) cease to be in force;
(b) for the purposes of point (a)(i), notice of termination may be given in respect of one or more of the Bailiwick of Guemsey, the Bailiwick of Jersey or the Isle of Man and Article 502, Article 503 and any other provision of this Heading in so far as it relates to the arrangements provided for in those Articles, shall continue to be in force for those territories in respect of
(c) which a notice of termination has not been given; and for the purposes of point (a)(ii), if Article 520(3) to (5) cease to be in force in relation to one or more (but not all) of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, Article 502, Article 503 and any other provision of this Heading in so far as it relates to the arrangements provided for in those Articles, shall continue to be in force for those territories in respect of which Article 520(3) to (5) remain in force.
Article 510. Review Clause
1. The Parties, within the Partnership Council, shall jointly review the implementation of this Heading four years after the end of the adjustment period referred to in the Article 1 of Annex 38 with the aim of considering whether arrangements, including in relation to access to waters, can be further codified and strengthened.
2. Such a review may be repeated at subsequent intervals of four years after the conclusion of the first review.
3. The Parties shall decide, in advance, on the modalities of the review through the Specialised Committee on Fisheries.
4. The review shall, in particular, allow for an evaluation, in relation to the previous years, of:
(a) the provisions for access to each other's waters under Article 500;
(b) the shares of TACs set out in Annexes 35, 36 and 37;
(c) the number and extent of transfers as part of annual consultations under Article 498(4) and any transfers under Article 498(8);
(d) the fluctuations in annual TACs;
(e) compliance by both Parties with the provisions of this Heading and the compliance by vessels of each Party with the rules applicable to those vessels when in the other Party's waters;
(f) the nature and extent of cooperation under this Heading; and
(g) any other element the Parties decide, in advance, through the Specialised Committee on Fisheries.
Article 511. Relationship with other Agreements
1. Subject to paragraph 2, this Heading shall be without prejudice to other existing agreements concerning fishing by vessels of a Party within the area of jurisdiction of the other Party.
2. This Heading shall supersede and replace any existing agreements or arrangements with respect to fishing by Union fishing vessels in the territorial sea adjacent to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man and with respect to fishing by United Kingdom fishing vessels registered in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in the territorial sea adjacent to a Member State. However, if the Partnership Council takes a decision in accordance with Article 502 for this Agreement to cease to apply in respect of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, the relevant agreements or arrangements shall not be superseded and replaced in respect of the territory or territories for which such a decision has been taken.
HEADING SIX. OTHER PROVISIONS
Article 512. Definitions
Unless otherwise specified, for the purposes of Part Two, the Protocol on mutual administrative assistance in customs matters and the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties, the following definitions apply:
(a) "customs authority" means:
(i) with respect to the Union, the services of the European Commission responsible for customs matters or, as appropriate, the customs administrations and any other authorities empowered in the Member States of the Union to apply and enforce customs legislation, and
(ii) with respect to the United Kingdom, Her Majesty's Revenue and Customs and any other authority responsible for customs matters;
(b) "customs duty" means any duty or charge of any kind imposed on, or in connection with, the importation of a good but does not include:
(i) a charge equivalent to an internal tax imposed consistently with Article 19;
(ii) an anti-dumping, special safeguard, countervailing or safeguard duty applied consistently with GATT 1994, the Anti-dumping Agreement, the Agreement on Agriculture, the Agreement on Subsidies and Countervailing Measures or the Agreement on Safeguards, as appropriate; or
(iii) a fee or other charge imposed on or in connection with importation that is limited in amount to the approximate cost of the services rendered;
(c) "CPC" means the Provisional Central Product Classification (Statistical Papers Series M No.77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) "existing" means in effect on the date of entry into force of this Agreement;
(e) "goods of a Party" means domestic products within the meaning of GATT 1994, and includes originating goods of that Party;
(f) "Harmonised System" or "HS" means the Harmonised Commodity Description and Coding System, including all legal notes and amendments thereto developed by the World Customs Organization;
(g) "heading" means the first four digits in the tariff classification number under the Harmonised System;
(h) "legal person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
(i) "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, requirement or practice, or any other form; (1) "measures of a Party" means any measures adopted or maintained by:
(i) central, regional or local governments or authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
(j) "measures of a Party" includes measures adopted or maintained by entities listed under sub-paragraphs (i) and (ii) by instructing, directing or controlling, either directly or indirectly, the conduct of other entities with regard to those measures;
(k) "natural person of a Party" means (1):
(i) for the European Union, a national of a Member State according to its law; (2) and
(ii) for the United Kingdom, a British citizen;
(l) "person" means a natural person or a legal person;
(m) "sanitary or phytosanitary measure" means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;
(n) "third country" means a country or territory outside the territorial scope of application of this Agreement; and
(o) "WTO" means the World Trade Organization.
Article 513. WTO Agreements
For the purposes of this Agreement, the WTO Agreements are referred to as follows:
(a) "Agreement on Agriculture" means the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement;
(b) "Anti-dumping Agreement" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994;
(c) "GATS" means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement;
(d) "GATT 1994" means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;
(e) "GPA" means the Agreement on Government Procurement in Annex 4 to the WTO Agreement (1);
(f) "Safeguards Agreement" means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement;
(g) "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement;
(h) "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement;
(i) "TBT Agreement" means the Agreement on Technical Barriers to Trade, contained in Annex 1 to the WTO Agreement;
(j) "TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WIO Agreement; and
(k) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Article 514. Establishment of a Free Trade Area
The Parties hereby establish a free trade area, in conformity with Article XXIV of GATT 1994 and Article V of GATS
Article 515. Relation to the WTO Agreement
The Parties affirm their rights and obligations with respect to each other under the WTO Agreement and other agreements to which they are party.
Nothing in this Agreement shall be construed as requiring either Party to act in a manner inconsistent with its obligations under the WTO Agreement.
Article 516. WTO Case-law
The interpretation and application of the provisions of this Part shall take into account relevant interpretations in reports of WTO panels and of the Appellate Body adopted by the Dispute Settlement Body of the WTO as well as in arbitration awards under the Dispute Settlement Understanding.
Article 517. Fulfilment of Obligations
Each Party shall adopt any general or specific measures required to fulfil their obligations under this Part, including those required to ensure its observance by central, regional or local governments and authorities, as well as non-governmental bodies in the exercise of powers delegated to them.
Article 518. References to Laws and other Agreements
1. Unless otherwise specified, where reference is made in this Part to laws and regulations of a Party, those laws and regulations shall be understood to include amendments thereto.
2. Unless otherwise specified, where international agreements are referred to or incorporated into this Part, in whole or in part, they shall be understood to include amendments thereto or their successor agreements entering into force for both Parties on or after the date of signature of this Agreement. If any matter arises regarding the implementation or application of the provisions of this Part as a result of such amendments or successor agreements, the Parties may, on request of either Party, consult with each other with a view to finding a mutually satisfactory solution to this matter, as necessary.
Article 519. Tasks of the Partnership Council In Part Two
The Partnership Council may:
(a) adopt decisions to amend:
(i) Chapter 2 of Title I of Heading one of Part two and its Annexes, in accordance with Article 68;
(ii) the arrangements set out in Annexes 16 and 17, in accordance with Article 96(8);
(iii) Appendices 15-A and 15-B, in accordance with Article 2(3) of Annex 15;
(iv) Appendix 15-C, in accordance with Article 3(3) of Annex 15;
(v) Appendices 14-A, 14-B, 14-C and 14-D, in accordance with Article 1 of Annex 14;
(vi) Appendices 12-A, 12-B and 12-C, in accordance with Article 11 of Annex 12;
(vii) the Annex on Authorised Economic Operators, the Protocol on mutual administrative assistance in customs matters, the Protocol on combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties, and the list of goods set out in Article 117(2), in accordance with Article 122;
(viii) the relevant Sub-section under Section B of Annex 25, in accordance with Article 293;
(ix) Annexes 26, 27 and 28, in accordance with Article 329;
(x) Article 364(4) in accordance with that paragraph, the third sentence of Article 365(2) in accordance with the fourth sentence of that paragraph, Article 365(3) in accordance with that paragraph, Article 367 in accordance with paragraph 1 of that Article and Article 373 in accordance with Paragraph 7 of That Article;
(xi) Article 502, Article 503 and any other provision of Heading Five, in accordance with Article 502(4);
(xii) Annexes 35, 36 and 37, in accordance with Article 508(3);
(xiii) any other provision, protocol, appendix or annex, for which the possibility of such decision is explicitly foreseen in this Part;
(b) adopt decisions to issue interpretations of the provisions of this Part.
Article 520. Geographical Application
1. The provisions of this Agreement concerning the tariff treatment of goods, including rules of origin and the temporary suspension of this treatment shall also apply, with respect to the Union, to those areas of the customs territory of the Union, as defined by Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (1), which are not covered by point (a) of Article 774(1).
2. Without prejudice to Article 774(2), (3) and (4), the rights and obligations of the Parties under this Part shall also apply with regard to the areas beyond each Party's territorial sea, including the sea-bed and subsoil thereof, over which that Party exercises sovereign rights or jurisdiction in accordance with international law including the United Nations Convention on the Law of the Sea and its laws and regulations which are consistent with international law (2).
3. Subject to the exceptions contained in paragraph 4 of this Article, Chapters 1, 2 and 5 of Title I of Heading One and the Protocols and Annexes to those Chapters shall also apply, with respect to the United Kingdom, to the territories referred to in Article 774(2). For that purpose, the territories referred to in Article 774(2) shall be considered as being part of the customs territory of the United Kingdom. The customs authorities of the territories referred to in Article 774(2) shall be responsible for the application and implementation of these Chapters, and the Protocols and Annexes to these Chapters, in their respective territories. References to "customs authority" in those provisions shall be read accordingly. However, requests and communications made under these Chapters, and the Protocols and Annexes to these Chapters, shall be administered by the customs authority of the United Kingdom,
4. Article 110, Annex 18 and the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties shall not apply to the Bailiwick of Jersey or the Bailiwick of Guernsey.
5. Chapters 3 and 4 of Title I of Heading One and the Annexes to those Chapters shall also apply, with respect to the United Kingdom, to the territories referred to in Article 774(2). The authorities of the territories referred to in Article 774(2) shall be responsible for the application and implementation of these Chapters, and the Annexes to these Chapters, in their respective territories and relevant references shall be read accordingly. However, requests and communications made under these Chapters, and the Annexes to these Chapters, shall be administered by the authorities of the United Kingdom.
6. Without prejudice to Article 779 and Article 521 and unless agreed otherwise between the Parties, paragraphs 3 to 5 of this Article shall remain in force until the earlier of:
(a) expiry of a period of three years following written notice of termination to the other Party; or
(b) the date on which Article 502, Article 503 and any other provision of Heading Five in so far as it relates to the arrangements provided for in those Articles cease to be in force.
7. For the purposes of point (a) of paragraph 6, notice of termination may be given in respect of one or more of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man and paragraphs 3 to 5 of this Article shall continue in force for those territories in respect of which a notice of termination has not been given.
8. For the purposes of point (b) of paragraph 6, if Article 502, Article 503 and any other provision of Heading Five in so far as it relates to the arrangements provided for in those Articles cease to be in force in relation to one or more (but not all) of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, paragraphs 3 to 5 of this Article shall continue to be in force for those territories in respect of which Article 502, Article 503 and any other provision of Heading Five in so far as it relates to the arrangements provided for in those Articles remain in force.
Article 521. Termination of Part Two
Without prejudice to Article 779, each Party may at any moment terminate this Part by written notification through diplomatic channels. In that event, this Part shall cease to be in force on the first day of the ninth month following the date of notification. Heading Four and the Protocol on Social Security Coordination shall not be terminated pursuant to this Article.
Part THREE. LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
Title I. GENERAL PROVISIONS
Article 522. Objective
1, The objective of this Part is to provide for law enforcement and judicial cooperation between the Member States and Union institutions, bodies, offices and agencies, on the one side, and the United Kingdom, on the other side, in relation to the prevention, investigation, detection and prosecution of criminal offences and the prevention of and fight against money laundering and financing of terrorism.
2. This Part only applies to law enforcement and judicial cooperation in criminal mutters taking place exclusively between the United Kingdom, on the one side, and the Union and the Member States, on the other side. It does not apply to situations arising between the Member States, or between Member States and Union institutions, bodies, offices and agencies, nor does it apply to the activities of authorities with responsibilities for safeguarding national security when acting in that field.