EU - United Kingdom Trade and Cooperation Agreement (2020)
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(a) limit the conformity assessment fees to the approximate cost of the services rendered and, at the request of an applicant for conformity assessment, explain how any fees it imposes for that conformity assessment are limited to the approximate cost of services rendered; and

(b) make publicly available the conformity assessment fees.

5. Notwithstanding paragraphs 2 to 4, each Party shall accept a supplier's declaration of conformity as proof of compliance with its technical regulations in those product areas where it does so on the date of entry into force of this Agreement.

6. Each Party shall publish and maintain a list of the product areas referred to in paragraph 5 for information purposes, together with the references to the applicable technical regulations.

7. Notwithstanding paragraph 5, either Party may introduce requirements for the mandatory third party testing or certification of the product areas referred to in that paragraph, provided that such requirements are justified on grounds of legitimate objectives and are proportionate to the purpose of giving the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks that non-conformity would create.

8. A Party proposing to introduce the conformity assessment procedures referred to in paragraph 7 shall notify the other Party at an early stage and shall take the comments of the other Party into account in devising any such conformity assessment procedures.

Article 94. Transparency

1. Except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, each Party shall allow the other Party to provide written comments on notified proposed technical regulations and conformity assessment procedures within a period of at least 60 days from the date of the transmission of the notification of such regulations or procedures to the WTO Central Registry of Notifications. A Party shall give positive consideration to a reasonable request to extend that comment period.

2. Each Party shall provide the electronic version of the full notified text together with the notification. In the event that the notified text is not in one of the official WTO languages, the notifying Party shall provide a detailed and comprehensive description of the content of the measure in the WTO notification format.

3. If a Party receives written comments on its proposed technical regulation or conformity assessment procedure from the other Party, it shall:

(a) if requested by the other Party, discuss the written comments with the participation of its competent regulatory authority, at a time when they can be taken into account; and

(b) reply in writing to the comments no later than the date of publication of the technical regulation or conformity assessment procedure.

4. Each Party shall endeavour to publish on a website its responses to the comments it receives following the notification referred to in paragraph 1 no later than on the date of publication of the adopted technical regulation or conformity assessment procedure.

5. Each Party shall, where requested by the other Party, provide information regarding the objectives of, legal basis for and rationale for, any technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.

6. Each Party shall ensure that the technical regulations and conformity assessment procedures it has adopted are published on a website that is accessible free of charge.

7. Each Party shall provide information on the adoption and the entry into force of technical regulations or conformity assessment procedures and the adopted final texts through an addendum to the original notification to the WTO.

8. Each Party shall allow a reasonable interval between the publication of technical regulations and their entry into force, in order to allow time for the economic operators of the other Party to adapt. "Reasonable interval" means a period of at least six months, unless this would be ineffective in fulfilling the legitimate objectives pursued.

9. A Party shall give positive consideration to a reasonable request from the other Party received prior to the end of the comment period set out in paragraph 1 to extend the period of time between the adoption of the technical regulation and its entry into force, except where the delay would be ineffective in fulfilling the legitimate objectives pursued.

10. Each Party shall ensure that the enquiry point established in accordance with Article 10 of the TBT Agreement provides information and answers in one of the official WTO languages to reasonable enquiries from the other Party or from interested persons of the other Party regarding adopted technical regulations and conformity assessment procedures.

Article 95. Marking and Labelling

1. The technical regulations of a Party may include or exclusively address mandatory marking or labelling requirements. In such cases, the principles of Article 2.2 of the TBT Agreement apply to these technical regulations.

2. Where a Party requires mandatory marking or labelling of products, all of the following conditions shall apply:

(a) it shall only require information which is relevant for consumers or users of the product or information that indicates that the product conforms to the mandatory technical requirements;

(b) it shall not require any prior approval, registration or certification of the labels or markings of products, nor any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements unless it is necessary in view of legitimate objectives;

(c) where the Party requires the use of a unique identification number by economic operators, it shall issue such a number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

(d) unless the information listed in point (i), (ii) or (iii) would be misleading, contradictory or confusing in relation to the information that the importing Party requires with respect to the goods, the importing Party shall permit:

(i) information in other languages in addition to the language required in the importing Party of the goods;

(ii) internationally-accepted nomenclatures, pictograms, symbols or graphics; and

(iii) additional information to that required in the importing Party of the goods;

(e) it shall accept that labelling, including supplementary labelling or corrections to labelling, take place in customs warehouses or other designated areas in the country of import as an alternative to labelling in the country of origin, unless such labelling is required to be carried out by approved persons for reasons of public health or safety; and

(f) unless it considers that legitimate objectives may be undermined, it shall endeavour to accept the use of non-permanent or detachable labels, or marking or labelling in the accompanying documentation, rather than requiring labels or marking to be physically attached to the product.

Article 96. Cooperation on Market Surveillance and Non-food Product Safety and Compliance

1. The Parties recognise the importance of cooperation on market surveillance, compliance and the safety of non-food products for the facilitation of trade and for the protection of consumers and other users, and the importance of building mutual trust based on shared information.

2. To guarantee the independent and impartial functioning of market surveillance, the Parties  shall ensure:

(a) the separation of market surveillance functions from conformity assessment functions; and

(b) the absence of any interests that would affect the impartiality of market surveillance authorities in the performance of their control or supervision of economic operators.

3. The Parties shall cooperate and exchange information in the area of non-food product safety and compliance, which may include in particular the following:

(a) market surveillance and enforcement activities and measures;

(b) risk assessment methods and product testing;

(c) coordinated product recalls or other similar actions;

(d) scientific, technical and regulatory matters in order to improve non-food product safety and compliance;

(e) emerging issues of significant health and safety relevance;

(f) standardisation-related activities;

(g) exchanges of officials.

4. The Partnership Council shall use its best endeavours to establish in Annex 16, as soon as possible and preferably within six months of entry into force of this Agreement, an arrangement for the regular exchange of information between the Rapid Alert System for non-food products (RAPEX), or its successor, and the database relating to market surveillance and product safety established under the General Product Safety Regulations 2005, or its successor, in relation to the safety of non-food products and related preventive, restrictive and corrective measures.

The arrangement shall set out the modalities under which:

(a) the Union is to provide the United Kingdom with selected information from its RAPEX alert system, or its successor, as referred to in Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, or its successor;

(b) the United Kingdom is to provide the Union with selected information from its database relating to market surveillance and product safety established under the General Product Safety Regulations 2005, or its successor; and

(c) the Parties are to inform each other of any follow-up actions and measures taken in response to the information exchanged.

5. The Partnership Council may establish in Annex 17 an arrangement on the regular exchange of information, including the exchange of information by electronic means, regarding measures taken on non-compliant non-food products, other than those covered by paragraph 4.

6. Each Party shall use the information obtained pursuant to paragraphs 3, 4 and 5 for the sole purpose of protecting consumers, health, safety or the environment.

7. Each Party shall treat the information obtained pursuant to paragraphs 3, 4 and 5 as confidential.

8. The arrangements referred to in paragraphs 4 and 5 shall specify the type of information to be exchanged, the modalities for the exchange and the application of confidentiality and personal data protection rules, The Partnership Council shall have the power to adopt decisions in order to determine or amend the arrangements set out in Annexes 16 and 17.

9. For the purposes of this Article, "market surveillance" means activities conducted and measures taken by market surveillance and enforcement authorities, including activities conducted and measures taken in cooperation with economic operators, on the basis of procedures of a Party to enable that Party to monitor or address safety of products and their compliance with the requirements set out in its laws and regulations.

10. Each Party shall ensure that any measure taken by its market surveillance or enforcement authorities to withdraw or recall from its market or to prohibit or restrict the making available on its market of a product imported from the territory of the other Party, for reasons related to non-compliance with the applicable legislation, is proportionate, states the exact grounds on which the measure is based and is communicated without delay to the relevant economic operator.

Article 97. Technical Discussions

1. If a Party considers that a draft or proposed technical regulation or conformity assessment procedure of the other Party might have a significant effect on trade between the Parties, it may request technical discussions on the matter. The request shall be made in writing to the other Party and shall identify:

(a) the measure at issue;

(b) the provisions of this Chapter or of an Annex to this Chapter to which the concerns relate; and

(c) the reasons for the request, including a description of the requesting Party's concerns regarding the measure.

2. A Party shall deliver its request to the contact point of the other Party designated pursuant to Article 99.

3. At the request of either Party, the Parties shall meet to discuss the concerns raised in the request, in person or via videoconference or teleconference, within 60 days of the date of the request and shall endeavour to resolve the matter as expeditiously as possible. If a requesting Party believes that the matter is urgent, it may request that any meeting take place within a shorter time frame. In such cases, the responding Party shall give positive consideration to such a request.

Article 98. Cooperation

1. The Parties shall cooperate in the field of technical regulations, standards and conformity assessment procedures, where it is in their mutual interest, and without prejudice to the autonomy of their own respective decision-making and legal orders. The Trade Specialised Committee on Technical Barriers to Trade may exchange views with respect to the cooperation activities carried out under this Article or the Annexes to this Chapter.

2. For the purposes of paragraph 1, the Parties shall seek to identify, develop and promote cooperation activities of mutual interest. These activities may in particular relate to:

(a) the exchange of information, experience and data related to technical regulations, standards and conformity assessment procedures;

(b) ensuring efficient interaction and cooperation of their respective regulatory authorities at international, regional or national level;

(c) exchanging information, to the extent possible, about international agreements and arrangements regarding technical barriers to trade to which one or both Parties are party; and

(d) establishment of or participation in trade facilitating initiatives.

3. For the purposes of this Article and the provisions on cooperation under the Annexes to this Chapter, the European Commission shall act on behalf of the Union.

Article 99. Contact Points

1. Upon the entry into force of this Agreement, each Party shall designate a contact point for the implementation of this Chapter and shall notify the other Party of the contact details for the contact point, including information regarding the relevant officials. The Parties shall promptly notify each other of any change of those contact details.

2. The contact point shall provide any information or explanation requested by the contact point of the other Party in relation to the implementation of this Chapter within a reasonable period of time and, if possible, within 60 days of the date of receipt of the request.

Article 100. Trade Specialised Committee on Technical Barriers to Trade

The Trade Specialised Committee on Technical Barriers to Trade shall supervise the implementation and operation of this Chapter and its Annexes and shall promptly clarify and address, where possible, any issue raised by a Party relating to the development, adoption or application of technical regulations, standards and conformity assessment procedures under this Chapter or the TBT Agreement.

Chapter 5. CUSTOMS AND TRADE FACILITATION

Article 101. Objective

The objectives of this Chapter are:

(a) to reinforce cooperation between the Parties in the area of customs and trade facilitation and to support or maintain, where relevant, appropriate levels of compatibility of their customs legislation and practices with a view to ensuring that relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objectives of promoting trade facilitation while ensuring effective customs controls and effective enforcement of customs legislation and trade related laws and regulations, the proper protection of security and safety of citizens and the respect of prohibitions and restrictions and financial interests of the Parties;

(b) to reinforce administrative cooperation between the Parties in the field of VAT and mutual assistance in claims related to taxes and duties;

(c) to ensure that the legislation of each Party is non-discriminatory and that customs procedures are based upon the use of modern methods and effective controls to combat fraud and to promote legitimate trade; and

(d) to ensure that legitimate public policy objectives, including in relation to security, safety and the fight against fraud are not compromised in any way.

Article 102. Definitions

For the purposes of this Chapter and Annex 18 and 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) "Agreement on Pre-shipment Inspection" means the Agreement on Pre-shipment Inspection, contained in Annex 1A to the WTO Agreement;

(b) "ATA and Istanbul Conventions" means the Customs Convention on the ATA Carnet for the Temporary Admission of Goods done in Brussels on 6 December 1961 and the Istanbul Convention on Temporary Admission done on 26 June 1990;

(c) "Common Transit Convention" means the Convention of 20 May 1987 on a common transit procedure;

(d) "Customs Data Model of the WCO" means the library of data components and electronic templates for the exchange of business data and compilation of international standards on data and information used in applying regulatory facilitation and controls in global trade, as published by the WCO Data Model Project Team from time to time;

(e) "customs legislation" means any legal or regulatory provision applicable in the territory of either Party, governing the entry or import of goods, exit or export of goods, the transit of goods and the placing of goods under any other customs regime or procedure, including measures of prohibition, restriction and control;

(f) "information" means any data, document, image, report, communication or authenticated copy, in any format, including in electronic format, whether or not processed or analysed;

(g) "person" means any person as defined in point (1) of Article 512 (1);

(h) "SAFE Framework" means the SAFE Framework of Standards to Secure and Facilitate Global Trade adopted at the June 2005 World Customs Organisation Session in Brussels and as updated from time to time; and

(i) "WTO Trade Facilitation Agreement" means the Agreement on Trade Facilitation annexed to the Protocol Amending the WTO Agreement (decision of 27 November 2014).

(1) For greater certainty, it is understood that, in particular for the purposes of this Chapter, the notion of "person" includes any association of persons lacking the legal status of a legal person but recognized under applicable law as having the capacity to perform legal acts.

Article 103. Customs Cooperation

1. The relevant authorities of the Parties shall cooperate on customs matters to support the objectives set out in Article 101, taking into account the resources of their respective authorities. For the purpose of this Title, the Convention of 20 May 1987 on the Simplification of Formalities in Trade in Goods applies.

2. The Parties shall develop cooperation, including in the following areas:

(a) exchanging information concerning customs legislation, the implementation of customs legislation and customs procedures; particularly in the following areas:

(i) the simplification and modernisation of customs procedures;

(ii) the facilitation of transit movements and transhipment;

(iii) relations with the business community; and

(iv) supply chain security and risk management;

(b) working together on the customs-related aspects of securing and facilitating the international trade supply chain in accordance with the SAFE Framework;

(c) considering developing joint initiatives relating to import, export and other customs procedures including technical assistance, as well as towards ensuring an effective service to the business community;

(d) strengthening their cooperation in the field of customs in international organisations such as the WTO and the WCO, and exchanging information or holding discussions with a view to establishing where possible common positions in those international organisations and in UNCTAD, UNECE;

(e) endeavouring to harmonise their data requirements for import, export and other customs procedures by implementing common standards and data elements in accordance with the Customs Data Model of the WCO;

(f) strengthening their cooperation on risk management techniques, including sharing best practices, and, where appropriate, risk information and control results. Where relevant and appropriate, the Parties may also consider mutual recognition of risk management techniques, risk standards and controls and customs security measures; the Parties may also consider, where relevant and appropriate, the development of compatible risk criteria and standards, control measures and priority control areas;

(g) establishing mutual recognition of Authorised Economic Operator programmes to secure and facilitate trade;

(h) fostering cooperation between customs and other government authorities or agencies in relation to Authorised Economic Operator programmes, which may be achieved, inter alia, by agreeing on the highest standards, facilitating access to benefits and minimising unnecessary duplication;

(i) enforcing intellectual property rights by customs authorities, including exchanging information and best practices in customs operations focusing in particular on intellectual property rights enforcement;

(j) maintaining compatible customs procedures, where appropriate and practicable to do so, including the application of a single administrative document for customs declaration; and

(k) exchanging, where relevant and appropriate and under arrangements to be agreed, certain categories of customs-related information between the customs authorities of the Parties through structured and recurrent communication, for the purposes of improving risk management and the effectiveness of customs controls, targeting goods at risk in terms of revenue collection or safety and security, and facilitating legitimate trade; such exchanges may include export and import declaration data on trade between the Parties, with the possibility of exploring, through pilot initiatives, the development of interoperable mechanisms to avoid duplication in the submission of such information. Exchanges under this point shall be without prejudice to exchanges of information that may take place between the Parties pursuant to the Protocol on mutual administrative assistance in customs matters.

3. Without prejudice to other forms of cooperation envisaged in this Agreement, the customs authorities of the Parties shall provide each other with mutual administrative assistance in the matters covered by this Chapter in accordance with the Protocol on mutual administrative assistance in customs matters.

4. Any exchange of information between the Parties under this Chapter shall be subject to the confidentiality and protection of information set out in Article 12 of the Protocol on mutual administrative assistance in customs matters, mutatis mutandis, as well as to any confidentiality requirements set out in the legislation of the Parties.

Article 104. Customs and other Trade Related Legislation and Procedures

1.   Each Party shall ensure that its customs provisions and procedures:

(a) are consistent with international instruments and standards applicable in the area of customs and trade, including the WTO Trade Facilitation Agreement, the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures, the International Convention on the Harmonised Commodity Description and Coding System, as well as the SAFE Framework and the Customs Data Model of the WCO;

(b) provide the protection and facilitation of legitimate trade taking into account the evolution of trade practices through effective enforcement including in case of breaches of its laws and regulations, duty evasion and smuggling and through ensuring compliance with legislative requirements;

(c) are based on legislation that is proportionate and non-discriminatory, avoids unnecessary burdens on economic operators, provides for further facilitation for operators with high levels of compliance including favourable treatment with respect to customs controls prior to the release of goods, and ensures safeguards against fraud and illicit or damageable activities while ensuring a high level of protection of security and safety of citizens and the respect of prohibitions and restrictions and financial interests of the Parties; and

(d) contain rules that ensure that any penalty imposed for breaches of customs regulations or procedural requirements is proportionate and non-discriminatory and that the imposition of such penalties does not result in unjustified delays.

Each Party should periodically review its legislation and customs procedures. Customs procedures should also be applied in a manner that is predictable, consistent and transparent.

2.   In order to improve working methods and to ensure non-discrimination, transparency, efficiency, integrity and the accountability of operations, each Party shall:

(a) simplify and review requirements and formalities wherever possible with a view to ensuring the rapid release and clearance of goods;

(b) work towards the further simplification and standardisation of the data and documentation required by customs and other agencies; and

(c) promote coordination between all border agencies, both internally and across borders, to facilitate border-crossing processes and enhance control, taking into account joint border controls where feasible and appropriate.

Article 105. Release of Goods

1. Each Party shall adopt or maintain customs procedures that:

(a) provide for the prompt release of goods within a period that is no longer than necessary to ensure compliance with its laws and regulations;

(b) provide for advance electronic submission and processing of documentation and any other required information prior to the arrival of the goods, to enable the release of goods promptly upon arrival if no risk has been identified through risk analysis or if no random checks or other checks are to be performed;

(c) provide for the possibility, where appropriate and if the necessary conditions are satisfied, of releasing goods for free circulation at the first point of arrival; and

(d) allow for the release of goods prior to the final determination of customs duties, taxes, fees and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all other regulatory requirements have been met.

2. As a condition for such release, each Party may require a guarantee for any amount not yet determined in the form of surety, a deposit or another appropriate instrument provided for in its laws and regulations. Such guarantee shall not be greater than the amount the Party requires to ensure payment of customs duties, taxes, fees and charges ultimately due for the goods covered by the guarantee. The guarantee shall be discharged when it is no longer required.

3. The Parties shall ensure that the customs and other authorities responsible for border controls and procedures dealing with importation, exportation and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade and expedite the release of goods.

Article 106. Simplified Customs Procedures

1. Each Party shall work towards simplification of its requirements and formalities for customs procedures in order to reduce the time and costs thereof for traders or operators, including small and medium-sized enterprises.

2. Each Party shall adopt or maintain measures allowing traders or operators fulfilling criteria specified in its laws and regulations to benefit from further simplification of customs procedures.

Such measures may include inter alia:

(a) customs declarations containing a reduced set of data or supporting documents;

(b) periodical customs declarations for the determination and payment of customs duties and taxes covering multiple imports within a given period after the release of those imported goods;

(c) self-assessment of and the deferred payment of customs duties and taxes until after the release of those imported goods; and

(d) the use of a guarantee with a reduced amount or a waiver from the obligation to provide a guarantee.

3, Where a Party chooses to adopt one of these measures, it will offer, where considered appropriate and practicable by that Party and in accordance with its laws and regulations, these simplifications to all traders who meet the relevant criteria.

Article 107. Transit and Transhipment

1. For the purposes of Article 20, the Common Transit Convention shall apply.

2. Each Party shall ensure the facilitation and effective control of transhipment operations and transit movements through their respective territories.

3. Each Party shall promote and implement regional transit arrangements with a view to facilitating trade in compliance with the Common Transit Convention.

4. Each Party shall ensure cooperation and coordination between all concerned authorities and agencies in their respective territories in order to facilitate traffic in transit.

5. Each Party shall allow goods intended for import to be moved within its territory under customs control from a customs office of entry to another customs office in its territory from where the goods would be released or cleared.

Article 108. Risk Management

1. Each Party shall adopt or maintain a risk management system for customs controls with a view to reducing the likelihood and the impact of an event which would prevent the correct application of customs legislation, compromise the financial interest of the Parties or pose a threat to the security and safety of the Parties and their residents, to human, animal or plant health, to the environment or to consumers.

  • Part   ONE COMMON AND INSTITUTIONAL PROVISIONS 1
  • Title   I GENERAL PROVISIONS 1
  • Article   1 Purpose 1
  • Article   2 Supplementing Agreements 1
  • Article   3 Good Faith 1
  • Title   II PRINCIPLES OF INTERPRETATION AND DEFINITIONS 1
  • Article   4 Public International Law 1
  • Article   5 Private Rights 1
  • Article   6 Definitions 1
  • Title   III INSTITUTIONAL FRAMEWORK 1
  • Article   7 Partnership Council 1
  • Article   8 Committees 1
  • Article   9 Working Groups 1
  • Article   10 Decisions and Recommendations 1
  • Article   11 Parliamentary Cooperation 1
  • Article   12 Participation of Civil Society 1
  • Article   13 Domestic Advisory Groups 2
  • Article   14 Civil Society Forum 2
  • Part   TWO TRADE, TRANSPORT, FISHERIES AND OTHER ARRANGEMENTS 2
  • HEADING ONE  TRADE 2
  • Title   I TRADE IN GOODS 2
  • Chapter   1 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS (INCLUDING TRADE REMEDIES) 2
  • Article   15 Objective 2
  • Article   16 Scope 2
  • Article   17 Definitions 2
  • Article   18 Classification of Goods 2
  • Article   19 National Treatment on Internal Taxation and Regulation 2
  • Article   20 Freedom of Transit 2
  • Article   21 Prohibition of Customs Duties 2
  • Article   22 Export Duties, Taxes or other Charges 2
  • Article   23 Fees and Formalities 2
  • Article   24 Repaired Goods 2
  • Article   25 Remanufactured Goods 2
  • Article   26 Import and Export Restrictions 2
  • Article   27 Import and Export Monopolies 2
  • Article   28 Import Licensing Procedures 2
  • Article   29 Export Licensing Procedures 2
  • Article   30 Customs Valuation 2
  • Article   31 Preference Utilisation 2
  • Article   32 Trade Remedies 2
  • Article   33 Use of Existing WTO Tariff Rate Quotas 2
  • Article   34 Measures In Case of Breaches or Circumventions of Customs Legislation 2
  • Article   35 Management of Administrative Errors 2
  • Article   36 Cultural Property 2
  • Chapter   2 RULES OF ORIGIN 2
  • Section   1 RULES OF ORIGIN 2
  • Article   37 Objective 2
  • Article   38 Definitions 2
  • Article   39 General Requirements 3
  • Article   40 Cumulation of Origin 3
  • Article   41 Wholly Obtained Products 3
  • Article   42 Tolerances 3
  • Article   43 Insufficient Production 3
  • Article   44 Unit of Qualification 3
  • Article   45 Packing Materials and Containers for Shipment 3
  • Article   46 Packaging Materials and Containers for Retail Sale 3
  • Article   47 Accessories, Spare Parts and Tools 3
  • Article   48 Sets 3
  • Article   49 Neutral Elements 3
  • Article   50 Accounting Segregation 3
  • Article   51 Returned Products 3
  • Article   52 Non-alteration 3
  • Article   53 Review of Drawback of, or Exemption from, Customs Duties 3
  • Section   2 ORIGIN PROCEDURES 3
  • Article   54 Claim for Preferential Tariff Treatment 3
  • Article   55 Time of the Claim for Preferential Tariff Treatment 3
  • Article   56 Statement on Origin 3
  • Article   57 Discrepancies 3
  • Article   58 Importer's Knowledge 3
  • Article   59 Record-keeping Requirements 3
  • Article   60 Small Consignments 3
  • Article   61 Verification 4
  • Article   62 Administrative Cooperation 4
  • Article   63 Denial of Preferential Tariff Treatment 4
  • Article   64 Confidentiality 4
  • Article   65 Administrative Measures and Sanctions 4
  • Section   3 OTHER PROVISIONS 4
  • Article   66 Ceuta and Melilla 4
  • Article   67 Transitional Provisions for Products In Transit or Storage 4
  • Article   68 Amendment to this Chapter and Its Annexes 4
  • Chapter   3 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   69 Objectives 4
  • Article   70 Scope 4
  • Article   71 Definitions 4
  • Article   72 Rights and Obligations 4
  • Article   73 General Principles 4
  • Article   74 Official Certification 4
  • Article   75 Import Conditions and Procedures 4
  • Article   76 Lists of Approved Establishments 4
  • Article   77 Transparency and Exchange of Information 5
  • Article   78 Adaptation to Regional Conditions 5
  • Article   79 Audits and Verifications 5
  • Article   80 Notification and Consultation 5
  • Article   81 Emergency Measures 5
  • Article   82 Multilateral International Fora 5
  • Article   83 Implementation and Competent Authorities 5
  • Article   84 Cooperation on Animal Welfare 5
  • Article   85 Cooperation on Antimicrobial Resistance 5
  • Article   86 Sustainable Food Systems 5
  • Article   87 Trade Specialised Committee on Sanitary and Phytosanitary Measures 5
  • Chapter   4 TECHNICAL BARRIERS TO TRADE 5
  • Article   88 Objective 5
  • Article   89 Scope 5
  • Article   90 Relationship with the TBT Agreement 5
  • Article   91 Technical Regulations 5
  • Article   92 Standards 5
  • Article   93 Conformity Assessment 5
  • Article   94 Transparency 6
  • Article   95 Marking and Labelling 6
  • Article   96 Cooperation on Market Surveillance and Non-food Product Safety and Compliance 6
  • Article   97 Technical Discussions 6
  • Article   98 Cooperation 6
  • Article   99 Contact Points 6
  • Article   100 Trade Specialised Committee on Technical Barriers to Trade 6
  • Chapter   5 CUSTOMS AND TRADE FACILITATION 6
  • Article   101 Objective 6
  • Article   102 Definitions 6
  • Article   103 Customs Cooperation 6
  • Article   104 Customs and other Trade Related Legislation and Procedures 6
  • Article   105 Release of Goods 6
  • Article   106 Simplified Customs Procedures 6
  • Article   107 Transit and Transhipment 6
  • Article   108 Risk Management 6
  • Article   109 Post-clearance Audit 7
  • Article   110 Authorised Economic Operators 7
  • Article   111 Publication and Availability of Information 7
  • Article   112 Advance Rulings 7
  • Article   113 Customs Brokers 7
  • Article   114 Pre-shipment Inspections 7
  • Article   115 Review and Appeal 7
  • Article   116 Relations with the Business Community 7
  • Article   117 Temporary Admission 7
  • Article   118 Single Window 7
  • Article   119 Facilitation of Roll-on, Roll-off Traffic 7
  • Article   120 Administrative Cooperation In VAT and Mutual Assistance for Recovery of Taxes and Duties 7
  • Article   121 Trade Specialised Committee on Customs Cooperation and Rules of Origin 7
  • Article   122 Amendments 7
  • Title   II SERVICES AND INVESTMENT 7
  • Chapter   1 GENERAL PROVISIONS 7
  • Article   123 Objective and Scope 7
  • Article   124 Definitions 7
  • Article   125 Denial of Benefits 8
  • Article   126 Review 8
  • Chapter   2 INVESTMENT LIBERALISATION 8
  • Article   127 Scope 8
  • Article   128 Market Access 8
  • Article   129 National Treatment 8
  • Article   130 Most-favoured-nation-treatment 8
  • Article   131 Senior Management and Boards of Directors 8
  • Article   132 Performance Requirements 8
  • Article   133 Non-conforming Measures and Exceptions 8
  • Chapter   3 CROSS-BORDER TRADE IN SERVICES 8
  • Article   134 Scope 8
  • Article   135 Market Access 8
  • Article   136 Local Presence 8
  • Article   137 National Treatment 8
  • Article   138 Most-favoured-nation Treatment 8
  • Article   139 Non-conforming Measures 8
  • Chapter   4 ENTRY AND TEMPORARY STAY OF NATURAL PERSONS FOR BUSINESS PURPOSES 8
  • Article   140 Scope and Definitions 8
  • Article   141 Intra-corporate Transferees and Business Visitors for Establishment Purposes 9
  • Article   142 Short-term Business Visitors 9
  • Article   143 Contractual Service Suppliers and Independent Professionals 9
  • Article   144 Non-conforming Measures 9
  • Article   145 Transparency 9
  • Chapter   5 REGULATORY FRAMEWORK 9
  • Section   1 DOMESTIC REGULATION 9
  • Article   146 Scope and Definitions 9
  • Article   147 Submission of Applications 9
  • Article   148 Application Timeframes 9
  • Article   149 Electronic Applications and Acceptance of Copies 9
  • Article   150 Processing of Applications 9
  • Article   151 Fees 9
  • Article   152 Assessment of Qualifications 9
  • Article   153 Publication and Information Available 9
  • Article   154 Technical Standard 9
  • Article   155 Conditions for Authorisation 9
  • Article   156 Limited Numbers of Licences 10
  • Section   2 PROVISIONS OF GENERAL APPLICATION 10
  • Article   157 Review Procedures for Administrative Decisions 10
  • Article   158 Professional Qualifications 10
  • Section   3 DELIVERY SERVICES 10
  • Article   159 Scope and Definitions 10
  • Article   160 Universal Service 10
  • Article   161 Universal Service Funding 10
  • Article   162 Prevention of Market Distortive Practices 10
  • Article   163 Licences 10
  • Article   164 Independence of the Regulatory Body 10
  • Section   4 TELECOMMUNICATIONS SERVICES 10
  • Article   165 Scope 10
  • Article   166 Definitions 10
  • Article   167 Telecommunications Regulatory Authority 10
  • Article   168 Authorisation to Provide Telecommunications Networks or Services 10
  • Article   169 Interconnection 10
  • Article   170 Access and Use 10
  • Article   171 Resolution of Telecommunications Disputes 10
  • Article   172 Competitive Safeguards on Major Suppliers 10
  • Article   173 Interconnection with Major Suppliers 10
  • Article   174 Access to Major Suppliers Essential Facilities 10
  • Article   175 Scarce Resources 10
  • Article   176 Universal Service 10
  • Article   177 Number Portability 10
  • Article   178 Open Internet Access 10
  • Article   179 Confidentiality of Information 10
  • Article   180 Foreign Shareholding 10
  • Article   181 International Mobile Roaming  (1) 10
  • Section   5 FINANCIAL SERVICES 11
  • Article   182 Scope 11
  • Article   183 Definitions 11
  • Article   184 Prudential Carve-out 11
  • Article   185 Confidential Information 11
  • Article   186 International Standards 11
  • Article   187 Financial Services New to the Territory of a Party 11
  • Article   188 Self-regulatory Organisations 11
  • Article   189 Clearing and Payment Systems 11
  • Section   6 INTERNATIONAL MARITIME TRANSPORT SERVICES 11
  • Article   190 Scope and Definitions 11
  • Article   191 Obligations 11
  • Section   7 LEGAL SERVICES 11
  • Article   192 Scope 11
  • Article   193 Definitions 11
  • Article   194 Obligations 11
  • Article   195 Non-conforming Measures 11
  • Title   III DIGITAL TRADE 12
  • Chapter   1 GENERAL PROVISIONS 12
  • Article   196 Objective 12
  • Article   197 Scope 12
  • Article   198 Right to Regulate 12
  • Article   199 Exceptions 12
  • Article   200 Definitions 12
  • Chapter   2 DATA FLOWS AND PERSONAL DATA PROTECTION 12
  • Article   201 Cross-border Data Flows 12
  • Article   202 Protection of Personal Data and Privacy 12
  • Chapter   3 SPECIFIC PROVISIONS 12
  • Article   203 Customs Duties on Electronic Transmissions 12
  • Article   204 No Prior Authorisation 12
  • Article   205 Conclusion of Contracts by Electronic Means 12
  • Article   206 Electronic Authentication and Electronic Trust Services 12
  • Article   207 Transfer of or Access to Source Code 12
  • Article   208 Online Consumer Trust 12
  • Article   209 Unsolicited Direct Marketing Communications 12
  • Article   210 Open Government Data 12
  • Article   211 Cooperation on Regulatory Issues with Regard to Digital Trade 12
  • Article   212 Understanding on Computer Services 12
  • Title   IV CAPITAL MOVEMENTS, PAYMENTS, TRANSFERS AND TEMPORARY SAFEGUARD MEASURES 12
  • Article   213 Objectives 12
  • Article   214 Current Account 12
  • Article   215 Capital Movements 12
  • Article   216 Measures Affecting Capital Movements, Payments or Transfers 12
  • Article   217 Temporary Safeguard Measures 12
  • Article   218 Restrictions In Case of Balance of Payments and External Financial Difficulties 12
  • Title   V INTELLECTUAL PROPERTY 13
  • Chapter   1 GENERAL PROVISIONS 13
  • Article   219 Objectives 13
  • Article   220 Scope 13
  • Article   221 Definitions 13
  • Article   222 International Agreements 13
  • Article   223 Exhaustion 13
  • Article   224 National Treatment 13
  • Chapter   2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 13
  • Section   1 COPYRIGHT AND RELATED RIGHTS 13
  • Article   225 Authors 13
  • Article   226 Performers 13
  • Article   227 Producers of Phonograms 13
  • Article   228 Broadcasting Organisations 13
  • Article   229 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes 13
  • Article   230 Term of Protection 13
  • Article   231 Resale Right 13
  • Article   232 Collective Management of Rights 13
  • Article   233 Exceptions and Limitations 13
  • Article   234 Protection of Technological Measures 13
  • Article   235 Obligations Concerning Rights Management Information 13
  • Section   2 TRADE MARKS 13
  • Article   236 Trade Mark Classification 13
  • Article   237 Signs of Which a Trade Mark May Consist 13
  • Article   238 Rights Conferred by a Trade Mark 13
  • Article   239 Registration Procedure 13
  • Article   240 Well-known Trade Marks 13
  • Article   241 Exceptions to the Rights Conferred by a Trade Mark 13
  • Article   242 Grounds for Revocation 13
  • Article   243 The Right to Prohibit Preparatory Acts In Relation to the Use of Packaging or other Means 14
  • Article   244 Bad Faith Applications 14
  • Section   3 DESIGN 14
  • Article   245 Protection of Registered Designs 14
  • Article   246 Duration of Protection 14
  • Article   247 Protection of Unregistered Designs 14
  • Article   248 Exceptions and Exclusions 14
  • Article   249 Relationship to Copyright 14
  • Section   4 PATENTS 14
  • Article   250 Patents and Public Health 14
  • Article   251 Extension of the Period of Protection Conferred by a Patent on Medicinal Products and on Plant Protection Products 14
  • Section   5 PROTECTION OF UNDISCLOSED INFORMATION 14
  • Article   252 Protection of Trade Secrets 14
  • Article   253 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 14
  • Article   254 Protection of Data Submitted to Obtain Marketing Authorisation for Plant Protection Products or Biocidal Products 14
  • Section   6 PLANT VARIETIES 14
  • Article   255 Protection of Plant Varieties Rights 14
  • Chapter   3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 14
  • Section   1 GENERAL PROVISIONS 14
  • Article   256 General Obligations 14
  • Article   257 Persons Entitled to Apply for the Application of the Measures, Procedures and Remedies 14
  • Section   2 CIVIL AND ADMINISTRATIVE ENFORCEMENT 14
  • Article   258 Measures for Preserving Evidence 14
  • Article   259 Evidence 14
  • Article   260 Right of Information 14
  • Article   261 Provisional and Precautionary Measures 14
  • Article   262 Corrective Measures 14
  • Article   263 Injunctions 14
  • Article   264 Alternative Measures 14
  • Article   265 Damages 14
  • Article   266 Legal Costs 14
  • Article   267 Publication of Judicial Decisions 14
  • Article   268 Presumption of Authorship or Ownership 14
  • Article   269 Administrative Procedures 14
  • Section   3 CIVIL JUDICIAL PROCEDURES AND REMEDIES OF TRADE SECRETS 14
  • Article   270 Civil Judicial Procedures and Remedies of Trade Secrets 14
  • Section   4 BORDER ENFORCEMENT 15
  • Article   271 Border Measures 15
  • Article   272 Consistency with GATT 1994 and the TRIPS Agreement 15
  • Chapter   4 OTHER PROVISIONS 15
  • Article   273 Cooperation 15
  • Article   274 Voluntary Stakeholder Initiatives 15
  • Article   275 Review In Relation to Geographical Indications 15
  • Title   VI PUBLIC PROCUREMENT 15
  • Chapter   1 SCOPE 15
  • Article   276 Objective 15
  • Article   277 Incorporation of Certain Provisions of the GPA and Covered Procurement 15
  • Chapter   2 ADDITIONAL RULES FOR COVERED PROCUREMENT 15
  • Article   278 Use of Electronic Means In Procurement 15
  • Article   279 Electronic Publication 15
  • Article   280 Supporting Evidence 15
  • Article   281 Conditions for Participation 15
  • Article   282 Registration Systems and Qualification Procedures 15
  • Article   283 Selective Tendering 15
  • Article   284 Abnormally Low Prices 15
  • Article   285 Environmental, Social and Labour Considerations. 15
  • Article   286 Domestic Review Procedures 15
  • Chapter   3 NATIONAL TREATMENT BEYOND COVERED PROCUREMENT 15
  • Article   287 Definitions 15
  • Article   288 National Treatment of Locally Established Suppliers 15
  • Chapter   4 OTHER PROVISIONS 15
  • Article   289 Modifications and Rectifications of Market Access Commitments 15
  • Article   290 Modifications 15
  • Article   291 Rectifications 15
  • Article   292 Consultations and Dispute Resolution 15
  • Article   293 Amendment of Section B of Annex 25 15
  • Article   294 Cooperation 15
  • Title   VII SMALL AND MEDIUM-SIZED ENTERPRISES 15
  • Article   295 Objective 15
  • Article   296 Information Sharing 15
  • Article   297 Small and Medium-sized Enterprises Contact Points 16
  • Article   298 Relation with Part Six 16
  • Title   VIII ENERGY 16
  • Chapter   1 GENERAL PROVISIONS 16
  • Article   299 Objectives 16
  • Article   300 Definitions 16
  • Article   301 Relationship with other Titles 16
  • Article   302 Principles 16
  • Chapter   2 ELECTRICITY AND GAS 16
  • Section   1 COMPETITION IN ELECTRICITY AND GAS MARKETS 16
  • Article   303 Competition In Markets and Non-discrimination 16
  • Article   304 Provisions Relating to Wholesale Electricity and Gas Markets 16
  • Article   305 Prohibition of Market Abuse on Wholesale Electricity and Gas Markets 16
  • Article   306 Third-party Access to Transmission and Distribution Networks 16
  • Article   307 System Operation and Unbundling of Transmission Network Operators 16
  • Article   308 Public Policy Objectives for Third-party Access and Ownership Unbundling 16
  • Article   309 Existing Exemptions for Interconnectors 16
  • Article   310 Independent Regulatory Authority 16
  • Section   2 TRADING OVER INTERCONNECTORS 16
  • Article   311 Efficient Use of Electricity Interconnectors 16
  • Article   312 Electricity Trading Arrangements at All Timeframes 17
  • Article   313 Efficient Use of Gas Interconnectors 17
  • Section   3 NETWORK DEVELOPMENT AND SECURITY OF SUPPLY 17
  • Article   314 Network Development 17
  • Article   315 Cooperation on Security of Supply 17
  • Article   316 Risk Preparedness and Emergency Plans 17
  • Section   4 TECHNICAL COOPERATION 17
  • Article   317 Cooperation between Transmission System Operators 17
  • Article   318 Cooperation between Regulatory Authorities 17
  • Chapter   3 SAFE AND SUSTAINABLE ENERGY 17
  • Article   319 Renewable Energy and Energy Efficiency 17
  • Article   320 Support for Renewable Energy 17
  • Article   321 Cooperation In the Development of Offshore Renewable Energy 17
  • Article   322 Offshore Risk and Safety 17
  • Article   323 Cooperation on Standards 17
  • Article   324 Research, Development and Innovation 17
  • Chapter   4 ENERGY GOODS AND RAW MATERIALS 17
  • Article   325 Export Pricing 17
  • Article   326 Regulated Pricing 17
  • Article   327 Authorisation for Exploration and Production of Hydrocarbons and Generation of Electricity 17
  • Article   328 Safety and Integrity of Energy Equipment and Infrastructure 17
  • Chapter   5 FINAL PROVISIONS 17
  • Article   329 Effective Implementation and Amendments 17
  • Article   330 Dialogue 17
  • Article   331 Termination of this Title 17
  • Title   IX TRANSPARENCY 17
  • Article   332 Objective 17
  • Article   333 Definition 17
  • Article   334 Scope 17
  • Article   335 Publication 17
  • Article   336 Enquiries 17
  • Article   337 Administration of Measures of General Application 17
  • Article   338 Review and Appeal 17
  • Article   339 Relation to other Titles 18
  • Title   X GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION 18
  • Article   340 General Principles 18
  • Article   341 Definitions 18
  • Article   342 Scope 18
  • Article   343 Internal Coordination 18
  • Article   344 Description of Processes and Mechanisms 18
  • Article   345 Early Information on Planned Regulatory Measures 18
  • Article   346 Public Consultation 18
  • Article   347 Impact Assessment 18
  • Article   348 Retrospective Evaluation 18
  • Article   349 Regulatory Register 18
  • Article   350 Exchange of Information on Good Regulatory Practices 18
  • Article   351 Regulatory Cooperation Activities 18
  • Article   352 Trade Specialised Committee on Regulatory Cooperation 18
  • Article   353 Contact Points 18
  • Article   354 Non-application of Dispute Settlement 18
  • Title   XI LEVEL PLAYING FIELD FOR OPEN AND FAIR COMPETITION AND SUSTAINABLE DEVELOPMENT 18
  • Chapter   1 GENERAL PROVISIONS 18
  • Article   355 Principles and Objectives 18
  • Article   356 Right to Regulate, Precautionary Approach and Scientific and Technical Information  (1) 18
  • Article   357 Dispute Settlement 18
  • Chapter   2 COMPETITION POLICY 18
  • Article   358 Principles and Definitions. 18
  • Article   359 Competition Law 18
  • Article   360 Enforcement 18
  • Article   361 Cooperation 18
  • Article   362 Dispute Settlement 18
  • Chapter   3 SUBSIDY CONTROL 18
  • Article   363 Definitions 18
  • Article   364 Scope and Exceptions 19
  • Article   365 Services of Public Economic Interest 19
  • Article   366 Principles 19
  • Article   367 Prohibited Subsidies and Subsidies Subject to Conditions 19
  • Article   368 Use of Subsidies 19
  • Article   369 Transparency 19
  • Article   370 Consultations on Subsidy Control 19
  • Article   371 Independent Authority or Body and Cooperation 19
  • Article   372 Courts and Tribunals 19
  • Article   373 Recovery 19
  • Article   374 Remedial Measures 19
  • Article   375 Dispute Settlement 20
  • Chapter   4 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES AND DESIGNATED MONOPOLIES 20
  • Article   376 Definitions 20
  • Article   377 Scope 20
  • Article   378 Relationship with the WTO Agreement 20
  • Article   379 General Provisions 20
  • Article   380 Non-discriminatory Treatment and Commercial Considerations 20
  • Article   381 Regulatory Framework 20
  • Article   382 Information Exchange 20
  • Chapter   5 TAXATION 20
  • Article   383 Good Governance 20
  • Article   384 Taxation Standards 20
  • Article   385 Dispute Settlement 20
  • Chapter   6 LABOUR AND SOCIAL STANDARDS 20
  • Article   386 Definition 20
  • Article   387 Non-regression from Levels of Protection 20
  • Article   388 Enforcement 20
  • Article   389 Dispute Settlement 20
  • Chapter   7 ENVIRONMENT AND CLIMATE 20
  • Article   390 Definitions 20
  • Article   391 Non-regression from Levels of Protection 20
  • Article   392 Carbon Pricing 20
  • Article   393 Environmental and Climate Principles 20
  • Article   394 Enforcement 20
  • Article   395 Cooperation on Monitoring and Enforcement 21
  • Article   396 Dispute Settlement 21
  • Chapter   8 OTHER INSTRUMENTS FOR TRADE AND SUSTAINABLE DEVELOPMENT 21
  • Article   397 Context and Objectives 21
  • Article   398 Transparency 21
  • Article   399 Multilateral Labour Standards and Agreements 21
  • Article   400 Multilateral Environmental Agreements 21
  • Article   401 Trade and Climate Change 21
  • Article   402 Trade and Biological Diversity 21
  • Article   403 Trade and Forests 21
  • Article   404 Trade and Sustainable Management of Marine Biological Resources and Aquaculture 21
  • Article   405 Trade and Investment Favouring Sustainable Development 21
  • Article   406 Trade and Responsible Supply Chain Management 21
  • Article   407 Dispute Settlement 21
  • Chapter   9 HORIZONTAL AND INSTITUTIONAL PROVISIONS 21
  • Article   408 Consultations 21
  • Article   409 Panel of Experts 21
  • Article   410 Panel of Experts for Non-regression Areas 21
  • Article   411 Rebalancing 21
  • Title   XII EXCEPTIONS 22
  • Article   412 General Exceptions 22
  • Article   413 Taxation 22
  • Article   414 WTO Waivers 22
  • Article   415 Security Exceptions 22
  • Article   416 Confidential Information 22
  • HEADING TWO  AVIATION 22
  • Title   I AIR TRANSPORT 22
  • Article   417 Definitions 22
  • Article   418 Route Schedule 22
  • Article   419 Traffic Rights 22
  • Article   420 Code-share and Blocked Space Arrangements 22
  • Article   421 Operational Flexibility 22
  • Article   422 Operating Authorisations and Technical Permissions 22
  • Article   423 Operating Plans, Programmes and Schedules 23
  • Article   424 Refusal, Revocation, Suspension or Limitation of Operating Authorisation 23
  • Article   425 Ownership and Control of Air Carriers 23
  • Article   426 Compliance with Laws and Regulations 23
  • Article   427 Non-Discrimination 23
  • Article   428 Doing Business 23
  • Article   429 Commercial Operations 23
  • Article   430 Fiscal Provisions 23
  • Article   431 User Charges 23
  • Article   432 Tariffs 23
  • Article   433 Statistics 23
  • Article   434 Aviation Safety 23
  • Article   435 Aviation Security 23
  • Article   436 Air Traffic Management 23
  • Article   437 Air Carrier Liability 23
  • Article   438 Consumer Protection 23
  • Article   439 Relationship to other Agreements 23
  • Article   440 Suspension and Termination 23
  • Article   441 Termination of this Title 23
  • Article   442 Registration of this Agreement 23
  • Title   II AVIATION SAFETY 23
  • Article   443 Objectives 23
  • Article   444 Definitions 24
  • Article   445 Scope and Implementation 24
  • Article   446 General Obligations 24
  • Article   447 Preservation of Regulatory Authority 24
  • Article   448 Safeguard Measures 24
  • Article   449 Communication 24
  • Article   450 Transparency, Regulatory Cooperation and Mutual Assistance 24
  • Article   451 Exchange of Safety Information 24
  • Article   452 Cooperation In Enforcement Activities 24
  • Article   453 Confidentiality and Protection of Data and Information 24
  • Article   454 Adoption and Amendments of Annexes to this Title 24
  • Article   455 Cost Recovery 24
  • Article   456 Other Agreements and Prior Arrangements 24
  • Article   457 Suspension of Reciprocal Acceptance Obligations 24
  • Article   458 Termination of this Title 24
  • HEADING THREE  ROAD TRANSPORT 24
  • Title   I TRANSPORT OF GOODS BY ROAD 24
  • Article   459 Objective 24
  • Article   460 Scope 24
  • Article   461 Definitions 24
  • Article   462 Transport of Goods between, Through and Within the Territories of the Parties 24
  • Article   463 Requirements for Operators 24
  • Article   464 Exemptions from Licencing Requirement 24
  • Article   465 Requirements for Drivers 24
  • Article   466 Requirements for Vehicles. 24
  • Article   467 Road Traffic Rules 24
  • Article   468 Development of Laws and Specialised Committee on Road Transport 25
  • Article   469 Remedial Measures 25
  • Article   470 Taxation 25
  • Article   471 Obligations In other Titles 25
  • Article   472 Termination of this Title 25
  • Title   II TRANSPORT OF PASSENGERS BY ROAD 25
  • Article   473 Scope 25
  • Article   474 Definitions 25
  • Article   475 Passenger Transport by Coach and Bus between, Through and Within the Territories of the Parties 25
  • Article   476 Conditions for the Provision of Services Referred to In Article 475 25
  • Article   477 Authorisation 25
  • Article   478 Submission of Application for Authorisation 25
  • Article   479 Authorisation Procedure 25
  • Article   480 Renewal and Alteration of Authorisation 25
  • Article   481 Lapse of an Authorisation 25
  • Article   482 Obligations of Transport Operators 25
  • Article   483 Documents to Be Kept on the Coach or Bus 25
  • Article   484 Road Traffic Rules 25
  • Article   485 Application 25
  • Article   486 Obligations In other Titles 25
  • Article   487 Specialised Committee 25
  • HEADING FOUR  SOCIAL SECURITY COORDINATION AND VISAS FOR SHORT-TERM VISITS 25
  • Title   I SOCIAL SECURITY COORDINATION 25
  • Article   488 Overview 25
  • Article   489 Legally Residing 25
  • Article   490 Cross-border Situations 25
  • Article   491 Immigration Applications. 25
  • Title   II VISAS FOR SHORT-TERM VISITS 25
  • Article   492 Visas for Short-term Visits 25
  • HEADING FIVE  FISHERIES 26
  • Chapter   1 INITIAL PROVISIONS 26
  • Article   493 Sovereign Rights of Coastal States Exercised by the Parties 26
  • Article   494 Objectives and Principles 26
  • Article   495 Definitions 26
  • Chapter   2 CONSERVATION AND SUSTAINABLE EXPLOITATION 26
  • Article   496 Fisheries Management 26
  • Article   497 Authorisations, Compliance and Enforcement 26
  • Chapter   3 ARRANGEMENTS ON ACCESS TO WATERS AND RESOURCES 26
  • Article   498 Fishing Opportunities 26
  • Article   499 Provisional TACs 26
  • Article   500 Access to Waters. 26
  • Article   501 Compensatory Measures In Case of Withdrawal or Reduction of Access 26
  • Article   502 Specific Access Arrangements Relating to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man 26
  • Article   503 Notification Periods Relating to the Importation and Direct Landing of Fishery Products 26
  • Article   504 Alignment of Management Areas 26
  • Article   505 Shares of TACs for Certain other Stocks 26
  • Chapter   4 ARRANGEMENTS ON GOVERNANCE 26
  • Article   506 Remedial Measures and Dispute Resolution 26
  • Article   507 Data Sharing 27
  • Article   508 Specialised Committee on Fisheries 27
  • Article   509 Termination 27
  • Article   510 Review Clause 27
  • Article   511 Relationship with other Agreements 27
  • HEADING SIX  OTHER PROVISIONS 27
  • Article   512 Definitions 27
  • Article   513 WTO Agreements 27
  • Article   514 Establishment of a Free Trade Area 27
  • Article   515 Relation to the WTO Agreement 27
  • Article   516 WTO Case-law 27
  • Article   517 Fulfilment of Obligations 27
  • Article   518 References to Laws and other Agreements 27
  • Article   519 Tasks of the Partnership Council In Part Two 27
  • Article   520 Geographical Application 27
  • Article   521 Termination of Part Two 27
  • Part   THREE LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS 27
  • Title   I GENERAL PROVISIONS 27
  • Article   522 Objective 27
  • Article   523 Definitions 28
  • Article   524 Protection of Human Rights and Fundamental Freedoms 28
  • Article   525 Protection of Personal Data 28
  • Article   526 Scope of Cooperation Where a Member State No Longer Participates In Analogous Measures Under Union Law 28
  • Title   II EXCHANGES OF DNA, FINGERPRINTS AND VEHICLE REGISTRATION DATA 28
  • Article   527 Objective 28
  • Article   528 Definitions 28
  • Article   529 Establishment of Domestic DNA Analysis Files 28
  • Article   530 Automated Searching of DNA Profiles 28
  • Article   531 Automated Comparison of DNA Profiles 28
  • Article   532 Collection of Cellular Material and Supply of DNA Profiles 28
  • Article   533 Dactylscopic Data 28
  • Article   534 Automated Searching of Dactyloscopic Data 28
  • Article   535 National Contact Points 28
  • Article   536 Supply of Further Personal Data and other Information 28
  • Article   537 Autonmmted Searching of Vehicle Registration Data 28
  • Article   538 Accreditation of Forensic Service Providers Carrying Out Laboratory Activities 28
  • Article   539 Implementing Measures 28
  • Article   540 Ex Ante Evaluation 28
  • Article   541 Suspension and Disapplication 28
  • Title   II TRANSFER AND PROCESSING OF PASSENGER NAME RECORD DATA 28
  • Article   542 Scope 28
  • Article   543 Definitions 28
  • Article   544 Purposes of the Use of PNR Data 28
  • Article   545 Ensuring PNR Data Is Provided 28
  • Article   546 Police and Judicial Cooperation 28
  • Article   547 Non- Discrimination 28
  • Article   548 Use of Special Categories of Personal Data 28
  • Article   549 Data Security and Integrity 28
  • Article   550 Transparency and Notification of Passengers 29
  • Article   551 Automated Processing of PNR Data 29
  • Article   552 Retention of PNR Data 29
  • Article   553 Conditions for the Use of PNR Data 29
  • Article   554 Logging and Documenting of PNR Data Processing 29
  • Article   555 Discbsure Within the United Kingdom 29
  • Article   556 Disclosure Outside the United Kingdom 29
  • Article   557 Method of Transfer 29
  • Article   558 Frequency of Transfer  29
  • Article   559 Cooperation 29
  • Article   560 Non-derogation. 29
  • Article   561 Consultation and Review 29
  • Article   562 Suspension of Cooperation Under this Title 29
  • Title   IV COOPERATION ON OPERATIONAL INFORMATION 29
  • Article   563 Cooperation on Operational Information 29
  • Title   V COOPERATION WITH EUROPOL 29
  • Article   564 Objective 29
  • Article   565 Definitions 29
  • Article   566 Forms of Crime 29
  • Article   567 Scope of Cooperation 29
  • Article   568 National Contact Point and Liaison Officers 29
  • Article   569 Exchanges of Information 30
  • Article   570 Restrictions on Access to and Further Use of Transferred Personal Data 30
  • Article   571 Different Categories of Data Subjects 30
  • Article   572 Facilitation of Flow of Personal Data between the United Kingdom and Europol 30
  • Article   573 Assessment of Reliability of the Source and Accuracy of Information 30
  • Article   574 Security of the Information Exchange 30
  • Article   575 Liability for Unauthorised or Incorrect Personal Data Processing 30
  • Article   576 Exchange of Classified and Sensitive Non-classified Information 30
  • Article   577 Working and Administrative Arrangements 30
  • Article   578 Notification of Implementation 30
  • Article   579 Powers of Europol 30
  • Title   VI COOPERATION WITH EUROJUST 30
  • Article   580 Objective 30
  • Article   581 Definitions 30
  • Article   582 Forms of Crime 30
  • Article   583 Scope of Cooperation 30
  • Article   584 Contact Points to Eurojust 30
  • Article   585 Liason Prosecutor 30
  • Article   586 Liaison Magstrate 30
  • Article   587 Operational and Strategic Meetings 30
  • Article   588 Exchange of Non-personal Data 30
  • Article   589 Exchange of Personal Data 30
  • Article   590 Channels of Transmission 30
  • Article   591 Onward Transfers 30
  • Article   592 Liability for Unauthorised or Incorrect Personal Data Processing 30
  • Article   593 Exchange of Classified and Sensitive Non-classified Information 30
  • Article   594 Working Arrangement 30
  • Article   595 Powers of Eurojust 30
  • Title   VII SURRENDER 30
  • Article   596 Objective 30
  • Article   597 Principle of Proportionality 30
  • Article   598 Definitions 30
  • Article   599 Scope 30
  • Article   600 Grounds for Mandatory Non-execution of the Arrest Warrant 31
  • Article   601 Other Grounds for Non-execution of the Arrest Warrant 31
  • Article   602 Political Offence Exception 31
  • Article   603 Nationality Exception 31
  • Article   604 Guarantees to Be Given by the Issuing State In Particular Cases 31
  • Article   605 Recourse to the Central Authority 31
  • Article   606 Content and Form of the Arrest Warrant 31
  • Article   607 Transmission of an Arrest Warrant 31
  • Article   608 Detailed Procedures for Transmitting an Arrest Warrant 31
  • Article   609 Rights of a Requested Person 31
  • Article   610 Keeping the Person In Detention 31
  • Article   611 Consent to Surrender 31
  • Article   612 Hearing of the Requested Person 31
  • Article   613 Surrender Decision 31
  • Article   614 Decision In the Event of Multiple Requests 31
  • Article   615 Time Limits and Procedures for the Decision to Execute the Arrest Warrant 31
  • Article   616 Situation Pending the Decision 31
  • Article   617 Hearing the Person Pending the Decision 31
  • Article   618 Privileges and Immunities 31
  • Article   619 Competing International Obligations 31
  • Article   620 Notification of the Decision 31
  • Article   621 Time Limits for Surrender of the Person 31
  • Article   622 Postponed or Conditional Surrender 31
  • Article   623 Transit 31
  • Article   624 Deduction of the Period of Detention Served In the Executing State 32
  • Article   625 Possible Prosecution for other Offences 32
  • Article   626 Surrender or Subsequent Extradition 32
  • Article   627 Handing Over of Property 32
  • Article   628 Expenses 32
  • Article   629 Relation to other Legal Instruments 32
  • Article   630 Review of Notifications 32
  • Article   631 Ongoing Arrest Warrants In Case of Disapplication 32
  • Article   632 Application to Existing European Arrest Warrants. 32
  • Title   VII MUTUAL ASSISTANCE 32
  • Article   633 Objective 32
  • Article   634 Definition of Competent Authority 32
  • Article   635 Form for a Request for Mutual Assistance 32
  • Article   636 Conditions for a Request for Mutual Assistance 32
  • Article   637 Recourse to a Different Type of Investigative Measure 32
  • Article   638 Obligation to Inform 32
  • Article   639 Ne Bis In Idem 32
  • Article   640 Time Limits 32
  • Article   641 Transmission of Requests for Mutual Assistance 32
  • Article   642 Joint Investigation Teams 32
  • Title   IX EXCHANGE OF CRIMINAL RECORD INFORMATION 32
  • Article   643 Objective 32
  • Article   644 Definitions 32
  • Article   645 Central Authorities 32
  • Article   646 Notifications 32
  • Article   647 Storage of Convictions. 32
  • Article   648 Requests for Information 32
  • Article   649 Replies to Requests 32
  • Article   650 Channel of Communication 32
  • Article   651 Conditions for the Use of Personal Data 32
  • Title   X ANTI-MONEY LAUNDERING AND COUNTER TERRORIST FINANCING 33
  • Article   652 Objective 33
  • Article   653 Measures to Prevent and Combat Money Laundering and Terrorist Financing 33
  • Article   654 Beneficial Ownership Transparency for Corporate and other Legal Entities 33
  • Article   655 Beneficial Ownership Transparency of Legal Arrangements 33
  • Title   XI FREEZING AND CONFISCATION 33
  • Article   656 Objective and Principles of Cooperation 33
  • Article   657 Definitions 33
  • Article   658 Obligation to Assist 33
  • Article   659 Requests for Information on Bank Accounts and Safe Deposit Boxes 33
  • Article   660 Requests for Information on Banking Transactions 33
  • Article   661 Requests for the Monitoring of Banking Transactions 33
  • Article   662 Spontaneous Information 33
  • Article   663 Obligation to Take Provisional Measures 33
  • Article   664 Execution of Provisional Measures 33
  • Article   665 Obligation to Confiscate 33
  • Article   666 Execution of Confiscation 33
  • Article   667 Confiscated Property 33
  • Article   668 Right of Enforcement and Maximum Amount of Confiscation 33
  • Article   669 Imprisonment 33
  • Article   670 Grounds for Refusal 33
  • Article   671 Consultation and Information 34
  • Article   672 Postponement 34
  • Article   673 Partial or Conditional Granting of a Request 34
  • Article   674 Notification of Documents 34
  • Article   675 Recognition of Foreign Decisions 34
  • Article   676 Authorities 34
  • Article   677 Direct Communication 34
  • Article   678 Form of Request and Languages 34
  • Article   679 Legalisation 34
  • Article   680 Content of Request 34
  • Article   681 Defective Requests 34
  • Article   682 Plurality of Requests 34
  • Article   683 Obligation to Give Reasons 34
  • Article   684 Information 34
  • Article   685 Restriction of Use 34
  • Article   686 Confidentiality 34
  • Article   687 Costs 34
  • Article   688 Damages 34
  • Article   689 Legal Remedies 34
  • Title   XII OTHER PROVISIONS 34
  • Article   690 Notifications 34
  • Article   691 Review and Evaluation 34
  • Article   692 Termination 34
  • Article   693 Suspension 35
  • Article   694 Expenses 35
  • Title   XIII DISPUTE SETTLEMENT 35
  • Article   695 Objective 35
  • Article   696 Scope 35
  • Article   697 Exclusivity 35
  • Article   698 Consultations 35
  • Article   699 Mutually Agreed Solution 35
  • Article   700 Suspension 35
  • Article   701 Time Periods 35
  • Part   FOUR THEMATIC COOPERATION 35
  • Title   I HEALTH SECURITY 35
  • Article   702 Cooperation on Health Security 35
  • Title   II CYBER SECURITY 35
  • Article   703 Dialogue on Cyber Issues 35
  • Article   704 Cooperation on Cyber Issues 35
  • Article   705 Cooperation with the Computer Emergency Response Team - European Union 35
  • Article   706 Participation In Specific Activities of the Cooperation Group Established Pursuant to Directive (EU) 2016/1148 35
  • Article   707 Cooperation with the European Union Agency for Cybersecurity (ENISA) 35
  • Part   FIVE PARTICIPATION IN UNION PROGRAMMES, SOUND FINANCIAL MANAGEMENT AND FINANCIAL PROVISIONS 35
  • Article   708 Scope 35
  • Article   709 Definitions 35
  • Chapter   1 PARTICIPATION OF THE UNITED KINGDOM IN UNION PROGRAMMES AND ACTIVITIES 35
  • Section   1 GENERAL CONDITIONS FOR PARTICIPATION IN UNION PROGRAMMES AND ACTIVITIES 35
  • Article   710 Establishment of the Participation 35
  • Article   711 Compliance with Programme Rules 35
  • Article   712 Conditions for Participation 35
  • Article   713 Participation of the United Kingdom In the Governance of Programmes or Activities 35
  • Section   2 RULES FOR FINANCING THE PARTICIPATION IN UNION PROGRAMMES AND ACTIVITIES 35
  • Article   714 Financial Conditions 35
  • Article   715 Quasi Exclusion from Competitive Grant Award Procedure 36
  • Article   716 Programmes to Which an Automatic Correction Mechanism Applies 36
  • Article   717 Financing In Relation to Programmes Implemented Through Financial Instruments or Budgetary Guarantees 36
  • Section   3 SUSPENSION AND TERMINATION OF THE PARTICIPATION IN UNION PROGRAMMES 36
  • Article   718 Suspension of the Participation of the United Kingdom In a Union Programme by the Union 36
  • Article   719 Termination of the Participation of the United Kingdom In a Union Programme by the Union 36
  • Article   720 Termination of the Participation In a Programme or Activity In the Case of Substantial Modification to Union Programmes 36
  • Section   4 REVIEW OF PERFORMANCE AND FINANCIAL INCREASES 36
  • Article   721 Performance Review 36
  • Article   722 Financial Increases Review 36
  • Chapter   2 SOUND FINANCIAL MANAGEMENT 36
  • Article   723 Scope 36
  • Section   1 PROTECTION OF FINANCIAL INTERESTS AND RECOVERY 36
  • Article   724 Conduct of Activity for the Purposes of Sound Financial Management 36
  • Article   725 Reviews and Audits 36
  • Article   726 Fight Against Irregularities, Fraud and other Criminal Offences Affecting the Financial Interests of the Union 36
  • Article   727 Amendments to Articles 708, 723, 725 and 726 36
  • Article   728 Recovery and Enforcement 36
  • Section   2 OTHER RULES FOR THE IMPLEMENTATION OF UNION PROGRAMMES 36
  • Article   729 Communication and Exchange of Information 36
  • Article   730 Statistical Cooperation 36
  • Chapter   3 ACCESS OF THE UNITED KINGDOM TO SERVICES UNDER UNION PROGRAMMES 36
  • Article   731 Rules on Service Access 36
  • Chapter   4 REVIEWS 36
  • Article   732 Review Clause 36
  • Chapter   5 PARTICIPATION FEE IN THE YEARS 2021 TO 2026 36
  • Article   733 Participation Fee In the Years 2021 to 2026 36
  • Part   SIX DISPUTE SETTLEMENT AND HORIZONTAL PROVISIONS 37
  • Title   I DISPUTE SETTLEMENT 37
  • Chapter   1 GENERAL PROVISIONS 37
  • Article   734 Objective 37
  • Article   735 Scope 37
  • Article   736 Exclusivity 37
  • Article   737 Choice of Forum In Case of a Substantially Equivalent Obligation Under Another International Agreement 37
  • Chapter   2 PROCEDURE 37
  • Article   738 Consultations 37
  • Article   739 Arbitration Procedure 37
  • Article   740 Establishment of an Arbitration Tribunal 37
  • Article   741 Requirements for Arbitrators 37
  • Article   742 Functions of the Arbitration Tribunal 37
  • Article   743 Terms of Reference 37
  • Article   744 Urgent Proceedings 37
  • Article   745 Ruling of the Arbitration Tribunal 37
  • Chapter   3 COMPLIANCE 37
  • Article   746 Compliance Measures 37
  • Article   747 Reasonable Period of Time 37
  • Article   748 Compliance Review 37
  • Article   749 Temporary Remedies 37
  • Article   750 Review of Any Measure Taken to Comply Affer the Adoption of Temporary Remedies 37
  • Chapter   4 COMMON PROCEDURAL PROVISIONS 37
  • Article   751 Receipt of Information 37
  • Article   752 Lists of Arbitrators 37
  • Article   753 Replacement of Arbitrators 37
  • Article   754 Arbitration Tribunal Decisions and Rulings 37
  • Article   755 Suspension and Termination of the Arbitration Proceedings 38
  • Article   756 Mutually Agreed Solution 38
  • Article   757 Time Periods 38
  • Article   758  Costs 38
  • Article   759 Annexes 38
  • Chapter   5 SPECIFIC ARRANGEMENTS FOR UNILATERAL MEASURES 38
  • Article   760 Special Procedures for Remedial Measures and Rebalancing 38
  • Article   761 Suspension of Obligations for the Purposes of Article 374(12), Article 501(5) and Article 506(7) 38
  • Article   762 Conditions for Rebalancing, Remedial, Compensatory and Safeguard Measures 38
  • Title   II BASIS FOR COOPERATION 38
  • Article   763 Democracy, Rule of Law and Human Rights 38
  • Article   764 Fight Against Climate Change 38
  • Article   765 Countering Proliferation of Weapons of Mass Destruction 38
  • Article   766 Small Arms and Light Weapons and other Conventional Weapons 38
  • Article   767 The Most Serious Crimes of Concern to the International Community 38
  • Article   768 Counter-terrorism 38
  • Article   769 Personal Data Protection 38
  • Article   770 Global Cooperation on Issues of Shared Economic, Environmental and Social Interest 38
  • Article   771 Essential Elements 38
  • Title   II FULFILLMENT OF OBLIGATIONS AND SAFEGUARD MEASURES 38
  • Article   772 Fulfilment of Obligations Described as Essential Elements 38
  • Article   773 Safeguard Measures 38
  • Part   SEVEN FINAL PROVISIONS 38
  • Article   774 Territorial Scope 38
  • Article   775 Relationship with other Agreements 38
  • Article   776 Review 38
  • Article   777 Classified Information and Sensitive Non-classified Information 38
  • Article   778 Integral Parts of this Agreement 38
  • Article   779 Termination 38
  • Article   780 Authentic Texts 38
  • Article   781 Future Accessions to the Union 38
  • Article   782 Interim Provision for Transmission of Personal Data to the United Kingdom 39
  • Article   783 Entry Into Force and Provisional Application 39
  • Annex 1  RULES OF PROCEDURE OF THE PARTNERSHIP COUNCIL AND COMMITTEES 39
  • Rule 1 Chair 39
  • Rule 2 Secretariat 39
  • Rule 3 Meetings 39
  • Rule 4 Participation In Meetings 39
  • Rule 5 Documents 39
  • Rule 6 Correspondence 39
  • Rule 7 Agenda for the Meetings 39
  • Rule 8 Minutes 39
  • Rule 9 Decisions and Recommendations 39
  • Rule 10 Transparency 39
  • Rule 11 Languages 39
  • Rule 12 Expenses 39
  • Rule 13  Committees 39
  • ANNEX 19  EXISTING MEASURES 39
  • Headnotes 39
  • Schedule of the Union 40
  • Schedule of the United Kingdom 50
  • ANNEX 20  FUTURE MEASURES 51
  • Headnotes 52
  • Schedule of the Union 52
  • Schedule of the United Kingdom 60
  • ANNEX 21  BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES AND SHORT-TERM BUSINESS VISITORS 63
  • ANNEX 48  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 63
  • ANNEX 49  CODE OF CONDUCT FOR ARBITRATORS 64