EU - United Kingdom Trade and Cooperation Agreement (2020)
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(b) for the Union:

(i) a product imported by way of trade; the imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families are not be considered as imports by way of trade if it is evident from the nature and quantity of the  products that no commercial purpose is intended; and

(ii) products, the total value of which exceeds EUR 500 in the case of products sent in small packages, or EUR 1 200 in the case of products forming part of a traveller's personal luggage. The amounts to be used in a given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The exchange rate amounts shall be those published for that day by the European Central Bank, unless a different amount is communicated to the European Commission by 15 October, and shall apply from 1 January the following year. The European Commission shall notify the United Kingdom of the relevant amounts. The Union may  establish other limits which it will communicate to the United Kingdom; and

(c) for the United Kingdom, products whose total value exceeds the limits set under the domestic law of the United Kingdom. The United Kingdom will communicate these limits to the  Union.

3. The importer shall be responsible for the correctness of the declaration and for the compliance with the requirements provided for in this Chapter. The record-keeping requirements set out in Article 59 shall not apply to the importer under this Article.

Article 61. Verification

1. The customs authority of the importing Party may conduct a verification as to whether a product is originating or whether the other requirements of this Chapter are satisfied, on the basis of risk assessment methods, which may include random selection. Such verifications may be conducted by means of a request for information from the importer who made the claim referred to in Article 54, at the time the import declaration is submitted, before the release of the products, or after the release of the products.

2. The information requested pursuant to paragraph 1 shall cover no more than the following  elements:

(a) if the claim was based on a statement on origin, that statement on origin; and

(b) information pertaining to the fulfilment of origin criteria, which is:

(i) where the origin criterion is "wholly obtained", the applicable category (such as harvesting, mining, fishing) and the place of production;

(ii) where the origin criterion is based on change in tariff classification, a list of all the non- originating materials, including their tariff classification (in 2, 4 or 6-digit format, depending on the origin criterion);

(iii) where the origin criterion is based on a value method, the value of the final product as well as the value of all the non-originating materials used in the production of that  product;

(iv) where the origin criterion is based on weight, the weight of the final product as well as  the weight of the relevant non-originating materials used in the final product;

(v) where the origin criterion is based on a specific production process, a description of that specific process.

3. When providing the requested information, the importer may add any other information that  it considers relevant for the purpose of verification.

4. If the claim for preferential tariff treatment is based on a statement on origin, the importer shall provide that statement on origin but may reply to the customs authority of the importing Party that the importer is not in a position to provide the information referred to in point (b) of paragraph 2.

5. If the claim for preferential tariff treatment is based on the importer's knowledge, after having first requested information in accordance with paragraph 1, the customs authority of the importing Party conducting the verification may request the importer to provide additional information if that customs authority considers that additional information is necessary in order to verify the originating status of the product or whether the other requirements of this Chapter are met. The customs authority of the importing Party may request the importer for specific documentation and information, if appropriate.

6. If the customs authority of the importing Party decides to suspend the granting of preferential tariff treatment to the product concerned while awaiting the results of the verification, the release of the products shall be offered to the importer subject to appropriate precautionary measures including guarantees. Any suspension of preferential tariff treatment shall be terminated as soon as possible after the customs authority of the importing Party has ascertained the originating status of the products concerned, or the fulfilment of the other requirements of this Chapter.

Article 62. Administrative Cooperation

1. In order to ensure the proper application of this Chapter, the Parties shall cooperate, through the customs authority of each Party, in verifying whether a product is originating and is in compliance with the other requirements provided for in this Chapter.

2. If the claim for preferential tariff treatment was based on a statement on origin, as appropriate after having first requested information in accordance with Article 61(1) and based on the reply from the importer, the customs authority of the importing Party conducting the verification may also request information from the customs authority of the exporting Party within a period of two years after the importation of the products, or from the moment the claim is made pursuant to point (a) of Article 55(2) if the customs authority of the importing Party conducting the verification considers that additional information is necessary in order to verify the originating status of the product or to verify that the other requirements provided for in this Chapter have been met. The request for information shall include the following elements:

(a) the statement on origin;

(b) the identity of the customs authority issuing the request;

(c) the name of the exporter;

(d) the subject and scope of the verification; and

(e) any relevant documentation.

In addition, the customs authority of the importing Party may request the customs authority of the exporting Party to provide specific documentation and information, where appropriate.

3. The customs authority of the exporting Party may, in accordance with its laws and regulations, request documentation or examination by calling for any evidence, or by visiting the premises of the exporter, to review records and observe the facilities used in the production of the product.

4. Without prejudice to paragraph 5, the customs authority of the exporting Party receiving the request referred to in paragraph 2 shall provide the customs authority of the importing Party with the following information:

(a) the requested documentation, where available;

(b) an opinion on the originating status of the product;

(c) the description of the product that is subject to examination and the tariff classification relevant to the application of this Chapter;

(d) a description and explanation of the production process that is sufficient to support the originating status of the product;

(e) information on the manner in which the examination of the product was conducted; and

(f) supporting documentation, where appropriate.

5. The customs authority of the exporting Party shall not provide the information referred to in points (a), (d) and (f) of paragraph 4 to the customs authority of the importing Party if that information is deemed confidential by the exporter. 6. Each Party shall notify the other Party of the contact details of the customs authorities and shall notify the other Party of any change to those contact details within 30 days after the date of the change.

Article 63. Denial of Preferential Tariff Treatment

1. Without prejudice to paragraph 3, the customs authority of the importing Party may deny preferential tariff treatment, if:

(a) within three months after the date of a request for information pursuant to Article 61(1):

(i) no reply has been provided by the importer;

(ii) where the claim for preferential tariff treatment was based on a statement on origin, no  statement on origin has been provided; or

(iii) where the claim for preferential tariff treatment was based on the importer's knowledge, the information provided by the importer is inadequate to confirm that the product is  originating;

(b) within three months after the date of a request for additional information pursuant to Article 61(5):

(i) no reply has been provided by the importer; or

(ii) the information provided by the importer is inadequate to confirm that the product is originating;

(c) within 10 months! after the date of a request for information pursuant to Article 62(2):

(i) no reply has been provided by the customs authority of the exporting Party; or

(ii) the information provided by the customs authority of the exporting Party is inadequate to confirm that the product is originating.

The period will be of 12 months for requests of information pursuant to Article 62(2) addressed to the customs authority of the exporting Party during the first three months of the application of this Agreement.

2. The customs authority of the importing Party may deny preferential tariff treatment to a product for which an importer claims preferential tariff treatment where the importer fails to comply with requirements under this Chapter other than those relating to the originating status of the products,

3. If the customs authority of the importing Party has sufficient justification to deny preferential tariff treatment under paragraph 1 of this Article, in cases where the customs authority of the exporting Party has provided an opinion pursuant to point (b) of Article 62(4) confirming the originating status of the products, the customs authority of the importing Party shall notify the customs authority of the exporting Party of its intention to deny the preferential tariff treatment within two months after the date of receipt of that opinion.

If such notification is made, consultations shall be held at the request of either Party, within three months after the date of the notification. The period for consultation may be extended on a case-by-case basis by mutual agreement between the customs authorities of the Parties. The consultation may take place in accordance with the procedure set by the Trade Specialised Committee on Customs Cooperation and Rules of Origin.

Upon the expiry of the period for consultation, if the customs authority of the importing Party cannot confirm that the product is originating, it may deny the preferential tariff treatment if it has a sufficient justification for doing so and after having granted the importer the right to be heard. However, when the customs authority of the exporting Party confirms the originating status of the products and provides justification for such conclusion, the customs authority of the importing Party shall not deny preferential tariff treatment to a product on the sole ground that Article 62(5) has been applied.

4. In all cases, the settlement of differences between the importer and the customs authority of the Party of import shall be under the law of the Party of import.

Article 64. Confidentiality

1. Each Party shall maintain, in accordance with its laws and regulations, the confidentiality of any information provided to it by the other Party, pursuant to this Chapter, and shall protect that information from disclosure.

2. Where, notwithstanding Article 62(5), confidential business information has been obtained from the exporter by the customs authority of the exporting Party or importing Party through the application of Articles 61 and 62, that information shall not be disclosed.

3. Each Party shall ensure that confidential information collected pursuant to this Chapter shall not be used for purposes other than the administration and enforcement of decisions and determinations relating to origin and to customs matters, except with the permission of the person or  Party who provided the confidential information.

4. Notwithstanding paragraph 3, a Party may allow information collected pursuant to this Chapter to be used in any administrative, judicial, or quasi-judicial proceedings instituted for failure to comply with customs-related laws implementing this Chapter. A Party shall notify the person or Party who provided the information in advance of such use.

Article 65. Administrative Measures and Sanctions

Each Party shall ensure the effective enforcement of this Chapter. Each Party shall ensure that the competent authorities are able to impose administrative measures, and, where appropriate, sanctions, in accordance with its laws and regulations, on any person who draws up a document, or causes a document to be drawn up, which contains incorrect information that was provided for the purpose of obtaining a preferential tariff treatment for a product, who does not comply with the requirements set out in Article 59, or who does not provide the evidence, or refuses to submit to a  visit, as referred to in Article 62(3).

Section 3. OTHER PROVISIONS

Article 66. Ceuta and Melilla

1. For purposes of this Chapter, in the case of the Union, the term "Party" does not include Ceuta and Melilla.

2. Products originating in the United Kingdom, when imported into Ceuta and Melilla, shall in all respects be subject to the same customs treatment under this Agreement as that which is applied to products originating in the customs territory of the Union under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Union. The United Kingdom shall grant to imports of products covered by this Agreement and originating in Ceuta and Melilla the same customs treatment as that which is granted to products imported from and originating in the Union.

3. The rules of origin and origin procedures referred to in this Chapter apply mutatis mutandis to products exported from the United Kingdom to Ceuta and Melilla and to products exported from  Ceuta and Melilla to the United Kingdom.

4. Ceuta and Melilla shall be considered as a single territory.

5. Article 40 applies to import and exports of products between the Union, the United Kingdom and Ceuta and Melilla.

6. The exporters shall enter "the United Kingdom" or "Ceuta and Melilla" in field 3 of the text of the statement on origin, depending on the origin of the product.

7. The customs authority of the Kingdom of Spain shall be responsible for the application and implementation of this Chapter in Ceuta and Melilla.

Article 67. Transitional Provisions for Products In Transit or Storage

The provisions of this Agreement may be applied to products which comply with the provisions of this Chapter and which on the date of entry into force of this Agreement are either in transit from the exporting Party to the importing Party or under customs control in the importing Party without payment of import duties and taxes, subject to the making of a claim for preferential tariff treatment referred to in Article 54 to the customs authority of the importing Party, within 12 months of that date.

Article 68. Amendment to this Chapter and Its Annexes

The Partnership Council may amend this Chapter and its Annexes.

Chapter 3. SANITARY AND PHYTOSANITARY MEASURES

Article 69. Objectives

The objectives of this Chapter are to:

(a) protect human, animal and plant life or health in the territories of the Parties while facilitating trade between the Parties;

(b) further the implementation of the SPS Agreement;

(c) ensure that the Parties' sanitary and phytosanitary ("SPS") measures do not create unnecessary barriers to trade;

(d) promote greater transparency and understanding on the application of each Party's SPS measures;

(e) enhance cooperation between the Parties in the fight against antimicrobial resistance, promotion of sustainable food systems, protection of animal welfare, and on electronic certification;

(f) enhance cooperation in the relevant international organisations to develop international standards, guidelines and recommendations on animal health, food safety and plant health; and

(g) promote implementation by each Party of international standards, guidelines and recommendations.

Article 70. Scope

1. This Chapter applies to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.

2. This Chapter also lays down separate provisions regarding cooperation on animal welfare, antimicrobial resistance and sustainable food systems.

Article 71. Definitions

1. For the purposes of this Chapter, the following definitions apply:

(a) the definitions contained in Annex A of the SPS Agreement;

(b) the definitions adopted under the auspices of the Codex Alimentarius Commission (the "Codex");

(c) the definitions adopted under the auspices of the World Organisation for Animal Health (the "OIE"); and

(d) the definitions adopted under the auspices of the International Plant Protection Convention (the "IPPC").

2. For the purposes of this Chapter, the following definitions apply:

(a) "import conditions" means any SPS measures that are required to be fulfilled for the import of products; and

(b) "protected zone" for a specified regulated plant pest means an officially defined geographical area in which that pest is not established in spite of favourable conditions and its presence in other parts of the territory of the Party, and into which that pest is not allowed to be introduced.

3. The Trade Specialised Committee on Sanitary and Phytosanitary Measures may adopt other definitions for the purposes of this Chapter, taking into consideration the glossaries and definitions of the relevant international organisations, such as the Codex, OIE and IPPC.

4. The definitions under the SPS Agreement prevail to the extent that there is an inconsistency between the definitions adopted by the Trade Specialised Committee on Sanitary and Phytosanitary Measures or adopted under the auspices of the Codex, the OIE, the IPPC and the definitions under the SPS Agreement. In the event of an inconsistency between definitions adopted by the Trade Specialised Committee on Sanitary and Phytosanitary Measures and the definitions set out in the Codex, OIE or IPPC, the definitions set out in the Codex, OIE or IPPC shall prevail.

Article 72. Rights and Obligations

The Parties reaffirm their rights and obligations under the SPS Agreement. This includes the right to adopt measures in accordance with Article 5(7) of the SPS Agreement.

Article 73. General Principles

1. The Parties shall apply SPS measures for achieving their appropriate level of protection that are based on risk assessments in accordance with relevant provisions, including Article 5 of the SPS Agreement.

2. The Parties shall not use SPS measures to create unjustified barriers to trade.

3. Regarding trade-related SPS procedures and approvals established under this Chapter, each Party shall ensure that those procedures and related SPS measures:

(a) are initiated and completed without undue delay;

(b) do not include unnecessary, scientifically and technically unjustified or unduly burdensome  information requests that might delay access to each other's markets;

(c) are not applied in a manner which would constitute arbitrary or unjustifiable discrimination against the other Party's entire territory or parts of the other Party's territory where identical or  similar SPS conditions exist; and

(d) are proportionate to the risks identified and not more trade restrictive than necessary to achieve the importing Party's appropriate level of protection.

4. The Parties shall not use the procedures referred to in paragraph 3, or any requests for additional information, to delay access to their markets without scientific and technical justification.

5. Each Party shall ensure that any administrative procedure it requires concerning the import conditions on food safety, animal health or plant health is not more burdensome or trade restrictive than necessary to give the importing Party adequate confidence that these conditions are met. Each Party shall ensure that the negative effects on trade of any administrative procedures are kept to a minimum and that the clearance processes remain simple and expeditious while meeting the importing Party's conditions, 6. The importing Party shall not put in place any additional administrative system or procedure that unnecessarily hampers trade.

Article 74. Official Certification

1. Where the importing Party requires official certificates, the model certificates shall be:

(a) set in line with the principles as laid down in the international standards of the Codex, the IPPC and the OIE; and

(b) applicable to imports from all parts of the territory of the exporting Party.

2. The Trade Specialised Committee on Sanitary and Phytosanitary Measures may agree on specific cases where the model certificates referred to in paragraph 1 would be established only for a part or parts of the territory of the exporting Party. The Parties shall promote the implementation of electronic certification and other technologies to facilitate trade.

Article 75. Import Conditions and Procedures

1. Without prejudice to the rights and obligations each Party has under the SPS Agreement and this Chapter, the import conditions of the importing Party shall apply to the entire territory of the exporting Party in a consistent manner.

2. The exporting Party shall ensure that products exported to the other Party, such as animals and animal products, plants and plant products, or other related objects, meet the SPS requirements of the importing Party.

3. The importing Party may require that imports of particular products are subject to authorisation. Such authorisation shall be granted where a request is made by the relevant competent authority of the exporting Party which objectively demonstrates, to the satisfaction of the importing Party, that the authorisation requirements of the importing Party are fulfilled. The relevant competent authority of the exporting Party may make a request for authorisation in respect of the entire territory of the exporting Party. The importing Party shall grant such requests on that basis, where they fulfil the authorisation requirements of the importing Party as set out in this paragraph,

4. The importing Party shall not introduce authorisation requirements which are additional to those which apply at the end of the transition period, unless the application of such requirements to further products is justified to mitigate a significant risk to human, animal or plant health.

5. The importing Party shall establish and communicate to the other Party import conditions for all products, The importing Party shall ensure that its import conditions are applied in a  proportionate and non-discriminatory manner.

6. Without prejudice to provisional measures under Article 5(7) of the SPS Agreement, for products, or other related objects, where a phytosanitary concern exists, the import conditions shall be restricted to measures to protect against regulated pests of the importing Party and shall be applicable to the entire territory of the exporting Party.

7. Notwithstanding paragraphs 1 and 3, in the case of import authorisation requests for a specific product, where the exporting Party has requested to be examined only for a part, or certain parts, of its territory (in the case of the Union, individual Member States), the importing Party shall promptly proceed to the examination of that request. Where the importing Party receives requests in respect of the specific product from more than one part of the exporting Party, or, where further requests are received in respect of a product which has already been authorised, the importing Party shall expedite completion of the authorisation procedure, taking into account the identical or similar SPS regime applicable in the different parts of the exporting Party.

8. Each Party shall ensure that all SPS control, inspection and approval procedures are initiated and completed without undue delay. Information requirements shall be limited to what is necessary for the approval process to take into account information already available in the importing Party, such as on the legislative framework and audit reports of the exporting Party.

9. Except in duly justified circumstances related to its level of protection, each Party shall  provide a transition period between the publication of any changes to its approval procedures and  their application to allow the other Party to become familiar with and adapt to such changes. Each  Party shall not unduly prolong the approval process for applications submitted prior to publication of the changes.

10. In relation to the processes set out in paragraphs 3 to 8, the following actions shall be taken:

(a) as soon as the importing Party has positively concluded its assessment, it shall promptly take all necessary legislative and administrative measures to allow trade to take place without undue delay;

(b) the exporting Party shall:

(i) provide all relevant information required by the importing Party; and

(ii) give reasonable access to the importing Party for audit and other relevant procedures.

(c) the importing party shall establish a list of regulated pests for products, or other related objects, where a phytosanitary concern exists, That list shall contain:

(i) the pests not known to occur within any part of its own territory;

(ii) the pests known to occur within its own territory and under official control;

(iii) the pests known to occur within parts of its own territory and for which pest free areas or protected zones are established; and

(iv) non-quarantine pests known to occur within its own territory and under official control for specified planting material.

11. The importing Party shall accept consignments without requiring that the importing Party verifies compliance of those consignments before their departure from the territory of the exporting Party.

12. A Party may collect fees for the costs incurred to conduct specific SPS frontier checks, which should not exceed the recovery of the costs.

13. The importing Party shall have the right to carry out import checks on products imported from the exporting Party for the purposes of ensuring compliance with its SPS import requirements.

14. The import checks carried out on products imported from the exporting Party shall be based on the SPS risk associated with such importations. Import checks shall be carried out only to the extent necessary to protect human, animal or plant life and health, without undue delay and with a minimum effect on trade between the Parties.

15. Information on the proportion of products from the exporting Party checked at import shall be made available by the importing Party upon request of the exporting Party.

16. If import checks reveal non-compliance with the relevant import conditions the action taken by the importing Party must be based on an assessment of the risk involved and not be more trade restrictive than required to achieve the Party's appropriate level of SPS protection.

Article 76. Lists of Approved Establishments

1. Whenever justified, the importing Party may maintain a list of approved establishments meeting its import requirements as a condition to allow imports of animal products from these establishments.

2. Unless justified to mitigate a significant risk to human or animal health, lists of approved establishments shall only be required for the products for which they were required at the end of the transition period.

3. The exporting Party shall inform the importing Party of its list of establishments meeting the importing Party's conditions which shall be based on guarantees provided by the exporting Party.

4. Upon a request from the exporting Party, the importing Party shall approve establishments which are situated in the territory of the exporting Party, based on guarantees provided by the exporting Party, without prior inspection of individual establishments.

5. Unless the importing Party requests additional information and subject to guarantees being provided by the exporting party, the importing Party shall take the necessary legislative or administrative measures, in accordance with its applicable legal procedures, to allow imports from those establishments without undue delay.

6. The list of the approved establishments shall be made publicly available by the importing Party.

7. Where the importing Party decides to reject the request of the exporting Party to accept adding an establishment to the list of approved establishments, it shall inform the exporting Party without delay and shall submit a reply, including information about the non-conformities which led to the rejection of the establishment's approval.

  • 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