EU - United Kingdom Trade and Cooperation Agreement (2020)
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(l) "operation" means the conduct, management, maintenance, use, enjoyment, or sale or other form of disposal of an enterprise;

(m) "professional qualifications" means qualifications attested by evidence of formal qualification, professional experience, or other attestation of competence;

(n) "selling and marketing of air transport services" means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution, but not including the pricing of air transport services nor the applicable conditions;

(o) "service" means any service in any sector except services supplied in the exercise of governmental authority;

(p) "services supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;

(q) "service supplier" means any natural or legal person that seeks to supply or supplies a service;

(r) "service supplier of a Party" means a natural or legal person of a Party that seeks to supply or supplies a service.

Article 125. Denial of Benefits

1.   A Party may deny the benefits of this Title and Title IV of this Heading to an investor or service supplier of the other Party, or to a covered enterprise, if the denying Party adopts or maintains measures related to the maintenance of international peace and security, including the protection of human rights, which:

(a) prohibit transactions with that investor, service supplier or covered enterprise; or

(b) would be violated or circumvented if the benefits of this Title and Title IV of this Heading were accorded to that investor, service supplier or covered enterprise, including where the measures prohibit transactions with a natural or legal person which owns or controls any of them.

2.   For greater certainty, paragraph 1 is applicable to Title IV of this Heading to the extent that it relates to services or investment with respect to which a Party has denied the benefits of this Title.

Article 126. Review

1. With a view to introducing possible improvements to the provisions of this Title, and consistent with their commitments under international agreements, the Parties shall review their legal framework relating to trade in services and investment, including this Agreement, in accordance with Article 776.

2. The Parties shall endeavour, where appropriate, to review the non-conforming measures and reservations set out in Annexes 19, 20, 21 and 22 and the activities for short term business visitors set out in Annex 21, with a view to agreeing to possible improvements in their mutual interest.

3. This Article shall not apply with respect to financial services.

Chapter 2. INVESTMENT LIBERALISATION

Article 127. Scope

This Chapter applies to measures of a Party affecting the establishment of an enterprise to perform economic activities and the operation of such an enterprise by:

(a) investors of the other Party;

(b) covered enterprises; and

(c) for the purposes of Article 132, any enterprise in the territory of the Party which adopts or maintains the measure.

Article 128. Market Access

A Party shall not adopt or maintain, with regard to establishment of an enterprise by an investor of the other Party or by a covered enterprise, or operation of a covered enterprise, either on the basis of its entire territory or on the basis of a territorial sub-division, measures that:

(a) impose limitations on:

(i) the number of enterprises that may carry out a specific economic activity, whether in the form of numerical quotas, monopolies, exclusive rights or the requirement of an economic needs test;

(ii) the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) the total number of operations or on the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (1) (2)

(iv) the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; or

(v) the total number of natural persons that may be employed in a particular sector or that an enterprise may employ and who are necessary for, and directly related to, the performance of an economic activity, in the form of numerical quotas or the requirement of an economic needs test; or

(b) restrict or require specific types of legal entity or joint venture through which an investor of the other Party may perform an economic activity.

(1) Points (a)(i) to (iii) of Article 128 do not cover measures taken in order to limit the production of an agricultural or fishery product.
(2) Point (a)(iii) of Article 128 does not cover measures by a Party which limit inputs for the supply of services.

Article 129. National Treatment

1. Each Party shall accord to investors of the other Party and to covered enterprises treatment no less favourable than that it accords, in like situations, to its own investors and to their enterprises, with respect to their establishment and operation in its territory.

2. The treatment accorded by a Party under paragraph 1 means:

(a) with respect to a regional or local level of government of the United Kingdom, treatment no less favourable than the most favourable treatment accorded, in like situations, by that level of government to investors of the United Kingdom and to their enterprises in its territory; and

(b) with respect to a government of, or in, a Member State, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to investors of that Member State and to their enterprises in its territory.

Article 130. Most-favoured-nation-treatment

1. Each Party shall accord to investors of the other Party and to covered enterprises treatment no less favourable than that it accords, in like situations, to investors of a third country and to their enterprises, with respect to establishment in its territory.

2. Each Party shall accord to investors of the other Party and to covered enterprises treatment no less favourable than that it accords, in like situations, to investors of a third country and to their enterprises, with respect to operation in its territory.

3. Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to investors of the other Party or to covered enterprises the benefit of any treatment resulting from:

(a) an international agreement for the avoidance of double taxation or other international agreement or arrangement relating wholly or mainly to taxation; or

(b) measures providing for recognition, including the recognition of the standards or criteria for the authorisation, licencing, or certification of a natural person or enterprise to carry out an economic activity, or the recognition of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial Services.

4. For greater certainty, the "treatment" referred to in paragraphs 1 and 2 does not include investor-to-state dispute settlement procedures provided for in other international agreements.

5. For greater certainty, the existence of substantive provisions in other international agreements concluded by a Party with a third country, or the mere formal transposition of those provisions into domestic law to the extent that it is necessary in order to incorporate them into the domestic legal order, do not in themselves constitute the "treatment" referred to in paragraphs 1 and 2. Measures of a Party pursuant to those provisions may constitute such treatment and thus give rise to a breach of this Article.

Article 131. Senior Management and Boards of Directors

A Party shall not require a covered enterprise to appoint individuals of any particular nationality as executives, managers or members of boards of directors.

Article 132. Performance Requirements

1.   A Party shall not impose or enforce any requirement, or enforce any commitment or undertaking, in connection with the establishment or operation of any enterprise in its territory:

(a) to export a given level or percentage of goods or services;

(b) to achieve a given level or percentage of domestic content;

(c) to purchase, use or accord a preference to goods produced or services provided in its territory or to purchase goods or services from natural or legal persons or any other entities in its territory;

(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such enterprise;

(e) to restrict sales of goods or services in its territory that such enterprise produces or supplies, by relating those sales in any way to the volume or value of its exports or foreign exchange inflows;

(f) to transfer technology, a production process or other proprietary knowledge to a natural or legal person or any other entity in its territory (1);

(1) For greater certainty, point (f) of Article 132(1) is without prejudice to the provisions of Article 207.

(g) to supply exclusively from the territory of that Party a good produced or a service supplied by the enterprise to a specific regional or world market;

(h) to locate the headquarters for a specific region of the world which is broader than the territory of the Party or the world market in its territory;

(i) to employ a given number or percentage of natural persons of that Party;

(j) to achieve a given level or value of research and development in its territory;

(k) to restrict the exportation or sale for export; or

(l) with regard to any licence contract in existence at the time the requirement is imposed or enforced, or any commitment or undertaking is enforced, or with regard to any future licence contract freely entered into between the enterprise and a natural or legal person or any other entity in its territory, if the requirement is imposed or enforced or the commitment or undertaking is enforced, in a manner that constitutes direct interference with that licence contract by an exercise of non-judicial governmental authority of a Party, to adopt:

(i) a rate or amount of royalty below a certain level; or

(ii) a given duration of the term of a licence contract.

This point does not apply where the licence contract is concluded between the enterprise and the Party, For the purposes of this point, a "licence contract" means any contract concerning the licensing of technology, a production process, or other proprietary knowledge.

2. A Party shall not condition the receipt or continued receipt of an advantage, in connection  with the establishment or operation of an enterprise in its territory, on compliance with any of the  following requirements:

(a) achieving a given level or percentage of domestic content;

(b) purchasing, using or according a preference to goods produced or services supplied in its territory, or to purchase goods or services from natural or legal persons or any other entity in its territory;

(c) relating in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with that enterprise;

(d) restricting the sales of goods or services in its territory that that enterprise produces or supplies by relating those sales in any way to the volume or value of its exports or foreign exchange inflows; or

(e) restricting the exportation or sale for export.

3. Paragraph 2 shall not be construed as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with the establishment or operation of any enterprise in its territory, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.

4. Points (f) and (1) of paragraph 1 of this Article do not apply where:

(a) the requirement is imposed or enforced, or the commitment or undertaking is enforced, by a court or administrative tribunal, or by a competition authority pursuant to a Party's competition law to prevent or remedy a restriction or a distortion of competition; or

(b) a Party authorises the use of an intellectual property right in accordance with Article 31 or Article 31bis of the TRIPS Agreement, or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement.

5. Points (a) to (c) of paragraph 1 and points (a) and (b) of paragraph 2 do not apply to qualification requirements for goods or services with respect to participation in export promotion and foreign aid programmes.

6. For greater certainty, this Article does not preclude the enforcement by the competent authorities of a Party of any commitment or undertaking given between persons other than a Party which was not directly or indirectly imposed or required by that Party.

7. For greater certainty, points (a) and (b) of paragraph 2 do not apply to requirements imposed by an importing Party in relation to the content of goods necessary to qualify for preferential tariffs or preferential quotas.

8. Point (1) of paragraph 1 does not apply if the requirement is imposed or enforced, or the commitment or undertaking is enforced, by a tribunal as equitable remuneration under the Party's copyright laws.

9. A Party shall neither impose nor enforce any measure inconsistent with its obligations under the Agreement on Trade-Related Investment Measures (TRIMS), even where such measure has been listed by that Party in Annex 19 or 20.

10. For greater certainty, this Article shall not be construed as requiring a Party to permit a particular service to be supplied on a cross-border basis where that Party adopts or maintains restrictions or prohibitions on such provision of services which are consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity listed in Annex 19 or 20, 11. A condition for the receipt or continued receipt of an advantage referred to in paragraph 2 does not constitute a requirement or a commitment or undertaking for the purposes of paragraph 1.

Article 133. Non-conforming Measures and Exceptions

1. Articles 128, 129, 130, 131 and 132 do not apply to:

(a) any existing non-conforming measure of a Party at the level of:

(i) for the Union:

(A) the Union, as set out in the Schedule of the Union in Annex 19;

(B) The central government of a Member State, as set out in the Schedule of the Union in Annex 19;

(C) aregional government of a Member State, as set out in the Schedule of the Union in Annex 19; or

(D) a local government, other than that referred to in point (C); and

(ii) for the United Kingdom:

(A) the central government, as set out in the Schedule of the United Kingdom in Annex 19;

(B) aregional government, as set out in the Schedule of the United Kingdom in Annex 19; or

(C) a local government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in point (a) of this paragraph; or

(c) a modification to any non-conforming measure referred to in points (a) and (b) of this paragraph, to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with Article 128, 129, 130, 131 or 132.

2. Articles 128, 129, 130, 131 and 132 do not apply to a measure of a Party which is consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity listed in Annex 20.

3. Articles 129 and 130 of this Agreement do not apply to any measure that constitutes an exception to, or a derogation from, Article 3 or 4 of the TRIPS Agreement, as specifically provided for in Articles 3 to 5 of that Agreement.

4. For greater certainty, Articles 129 and 130 shall not be construed as preventing a Party from prescribing information requirements, including for statistical purposes, in connection with the establishment or operation of investors of the other Party or of covered enterprises, provided that it does not constitute a means to circumvent that Party's obligations under those Articles.

Chapter 3. CROSS-BORDER TRADE IN SERVICES

Article 134. Scope

This Chapter applies to measures of a Party affecting the cross-border trade in services by service suppliers of the other Party.

Article 135. Market Access

A Party shall not adopt or maintain, either on the basis of its entire territory or on the basis of a territorial sub-division, measures that:

(a) impose limitations on:

(i) the number of service suppliers that may supply a specific service, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; or

(iii) the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (1); or

(b) restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.

(1) Point (a) (iii) of Article 135 does not cover measures by a Party which limit inputs for the supply of services.

Article 136. Local Presence

A Party shall not require a service supplier of the other Party to establish or maintain an enterprise or to be resident in its territory as a condition for the cross-border supply of a service.

Article 137. National Treatment

1. Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords, in like situations, to its own services and service suppliers.

2. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that it accords to its own services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to services or service suppliers of the other Party.

4. Nothing in this Article shall be construed as requiring either Party to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article 138. Most-favoured-nation Treatment

1. Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords, in like situations, to services and service suppliers of a third country.

2. Paragraph 1 shall not be construed as obliging a Party to extend to services and service suppliers of the other Party the benefit of any treatment resulting from:

(a) an international agreement for the avoidance of double taxation or other international agreement or arrangement relating wholly or mainly to taxation; or

(b) measures providing for recognition, including of the standards or criteria for the authorisation, licencing, or certification of a natural person or enterprise to carry out an economic activity, or of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial Services.

3. For greater certainty, the existence of substantive provisions in other international agreements concluded by a Party with a third country, or mere formal transposition of those provisions into domestic law to the extent that it is necessary in order to incorporate them into the domestic legal order, do not in themselves constitute the "treatment" referred to in paragraph 1. Measures of a Party pursuant to those provisions may constitute such treatment and thus give rise to a breach of this Article.

Article 139. Non-conforming Measures

1. Articles 135, 136, 137 and 138 do not apply to:

(a) any existing non-conforming measure of a Party at the level of:

(i) for the Union:

(A) the Union, as set out in the Schedule of the Union in Annex 19;

(B) the central government of a Member State, as set out in the Schedule of the Union in Annex 19;

(C) a regional government of a Member State, as set out in the Schedule of the Union in Annex 19; or

(D) a local government, other than that referred to in point (C); and

(ii) for the United Kingdom:

(A) the central government, as set out in the Schedule of the United Kingdom in Annex 19;

(B) a regional government, as set out in the Schedule of the United Kingdom in Annex 19; or

(C) a local government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in point (a) of this paragraph; or

(c) a modification to any non-conforming measure referred to in points (a) and (b) of this paragraph to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with Articles 135, 136, 137 and 138.

2. Articles 135, 136, 137 and 138 do not apply to any measure of a Party which is consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity listed in Annex 20.

Chapter 4. ENTRY AND TEMPORARY STAY OF NATURAL PERSONS FOR BUSINESS PURPOSES

Article 140. Scope and Definitions

1. This Chapter applies to measures of a Party affecting the performance of economic activities through the entry and temporary stay in its territory of natural persons of the other Party, who are business visitors for establishment purposes, contractual service suppliers, independent professionals, intra-corporate transferees and short-term business visitors.

2. To the extent that commitments are not undertaken in this Chapter, all requirements provided for in the law of a Party regarding the entry and temporary stay of natural persons shall continue to apply, including laws and regulations concerning the period of stay.

3. Notwithstanding the provisions of this Chapter, all requirements provided for in the law of a Party regarding work and social security measures shall continue to apply, including laws and regulations concerning minimum wages and collective wage agreements.

4. Commitments on the entry and temporary stay of natural persons for business purposes do not apply in cases where the intent or effect of the entry and temporary stay is to interfere with or otherwise affect the outcome of any labour or management dispute or negotiation, or the employment of any natural person who is involved in that dispute.

5. For the purposes of this Chapter:

(a) "business visitors for establishment purposes" means natural persons working in a senior position within a legal person of a Party, who:

(i) are responsible for setting up an enterprise of such legal person in the territory of the other Party;

(ii) do not offer or provide services or engage in any economic activity other than that which is required for the purposes of the establishment of that enterprise; and

(iii) do not receive remuneration from a source located within the other Party;

(b) "contractual service suppliers" means natural persons employed by a legal person of a Party (other than through an agency for placement and supply services of personnel), which is not established in the territory of the other Party and has concluded a bona fide contract, not exceeding 12 months, to supply services to a final consumer in the other Party requiring the temporary presence of its employees who:

  • 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