Title
FREE TRADE AGREEMENT BETWEEN ICELAND, THE PRINCIPALITY OF LIECHTENSTEIN AND THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Preamble
PREAMBLE
Iceland, the Principality of Liechtenstein and the Kingdom of Norway (EEA EFTA States),
and The United Kingdom of Great Britain and Northern Ireland (the United Kingdom),
hereinafter each individually referred to as a "Party" or collectively as the "Parties",
REAFFIRMING the historic and deep partnerships between the Parties and the common desire to protect these relationships;
DESIRING to create favourable conditions for the development and diversification of trade between the Parties and for the promotion of commercial and economic cooperation in areas of common interest on the basis of equality, mutual benefit, non-discrimination and international law;
DETERMINED to promote and further strengthen the multilateral trading system, building on their respective rights and obligations under the Marrakesh Agreement establishing the World Trade Organization (WTO Agreement) and the other agreements negotiated thereunder, thereby contributing to the harmonious development and expansion of world trade;
REAFFIRMING their commitment to democracy, the rule of law, human rights and fundamental freedoms in accordance with their obligations under international law, including as set out in the United Nations Charter and the Universal Declaration of Human Rights;
AIMING to promote inclusive economic growth, create new employment opportunities, improve living standards, ensure equal opportunities for all and ensure high levels of public health and protection of health and safety and of the environment;
REAFFIRMING their commitment to pursue the objective of sustainable development and recognising the importance of coherent and mutually supportive trade, environmental, and labour policies in this respect;
RECALLING the respect for the fundamental principles and rights at work, including the principles set out in the relevant International Labour Organization (ILO) Conventions to which they are a party;
DETERMINED to implement this Agreement in line with the objectives to preserve and protect the environment and to combat climate change and its impacts, consistent with each Party's commitments under Multilateral Environmental Agreements;
RECOGNISING the importance of ensuring predictability for the trading communities of the Parties by establishing a legal framework to strengthen their trading relationship;
AFFIRMING their commitment to prevent and combat corruption in international trade and investment and to promote the principles of transparency and good public governance;
ACKNOWLEDGING the importance of good corporate governance and responsible business conduct for sustainable development, and affirming their aim to encourage enterprises to observe internationally recognised guidelines and principles in this respect, such as the Organisation for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises, the OECD Principles of Corporate Governance and the UN Global Compact;
RECOGNISING the Parties' respective autonomy and right to regulate in order to achieve legitimate public policy objectives;
BELIEVING that creating a clearly established and secured trade and investment framework through mutually advantageous rules to govern trade and investment between the Parties would enhance the competitiveness of their economies, make their markets more efficient and vibrant and ensure a predictable commercial environment for further expansion of trade and investment between them;
HAVE AGREED, in pursuit of the above, to conclude the following Free Trade Agreement (Agreement):
Body
Chapter 1. GENERAL PROVISIONS
Article 1.1. Objectives
1. The Parties hereby establish a free trade area in accordance with the provisions of this Agreement, which is based on trade relations between market economies and on the respect for principles of democracy and the rule of law, and respect for human rights, with a view to spurring prosperity and sustainable development.
2. The objectives of this Agreement are:
(a) to facilitate and liberalise trade in goods, in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994;
(b) to liberalise trade in services, in conformity with Article V of the General Agreement on Trade in Services;
(c) to mutually enhance investment opportunities;
(d) to prevent, eliminate or reduce unnecessary technical barriers to trade;
(e) to protect human, animal or plant life or health while facilitating trade and ensuring that the Parties’ sanitary and phytosanitary measures do not create unnecessary barriers to trade;
(f) to promote open and fair competition in their economies, particularly as it relates to the economic relations between the Parties;
(g) to achieve further liberalisation on a mutual basis of the government procurement markets of the Parties;
(h) to ensure adequate and effective protection of intellectual property rights, in accordance with international standards;
(i) to develop international trade in such a way as to contribute to the objective of sustainable development, and to ensure that this objective is integrated and reflected in the Parties’ trade relations; and
(j) to contribute to the harmonious development and diversification of world trade.
Article 1.2. Territorial Application
1. Unless otherwise specified, this Agreement applies to:
(a) the land territory, internal waters and the territorial sea of a Party, and the airspace above the territory of a Party, in accordance with international law;
(b) the exclusive economic zone and the continental shelf of a Party, in accordance with international law; and
(c) the Bailiwicks of Guernsey and Jersey and the Isle of Man (including their airspace and the territorial sea adjacent to them), territories for whose international relations the United Kingdom is responsible, as regards:
(i) Section 2.1 (General Provisions on Trade in Goods);
(ii) Annex I (Rules of Origin);
(iii) Section 2.2 (Technical Barriers to Trade);
(iv) Section 2.3 (Sanitary and Phytosanitary Measures); and
(v) Section 2.4 (Customs and Trade Facilitation).
2. This Agreement shall not apply to the Norwegian territory of Svalbard, except for trade in goods.
Article 1.3. Territorial Extension
1. This Agreement, or specified provisions of this Agreement, may be extended to any territories for whose international relations the United Kingdom is responsible, as may be agreed between the United Kingdom and the other Parties to this Agreement.
2. At any time after this Agreement is extended to a territory for whose international relations the United Kingdom is responsible in accordance with paragraph 1, the United Kingdom may provide written notice to the Depositary that this Agreement shall no longer apply to a territory for whose international relations the United Kingdom is responsible. The notification shall take effect 12 months after the date on which the notification is received by the Depositary, unless the Parties agree otherwise.
Article 1.4. Trade and Economic Relations Governed by this Agreement
1. This Agreement applies to the trade and economic relations between, on the one side, the individual EEA EFTA States and, on the other side, the United Kingdom, but not to the trade and economic relations between individual EEA EFTA States, unless otherwise provided in this Agreement.
2. The provisions in this Agreement covered by the Additional Agreement of 11 February 2019 between the United Kingdom of Great Britain and Northern Ireland, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein certain provisions of the Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, the Treaty of 29 March 1923 between Switzerland and Liechtenstein on Accession of the Principality of Liechtenstein to the Swiss Customs Area (Customs Treaty) and the Treaty of 22 December 1978 between the Swiss Confederation and the Principality of Liechtenstein on Patent Protection shall not apply to Liechtenstein.
3. In case of any inconsistencies between this Agreement and an agreement referred to in paragraph 2, the latter shall prevail.
Article 1.5. Relation to other International Agreements
The Parties confirm their rights and obligations under the WTO Agreement and the other agreements negotiated thereunder to which they are a party, and any other international agreement to which they are a party.
Article 1.6. Fulfilment of Obligations
1. Each Party shall take any general or specific measures required to fulfil its obligations under this Agreement.
2. Each Party shall ensure the observance of all obligations and commitments under this Agreement by its respective central, regional and local governments and authorities, and by non-governmental bodies in the exercise of governmental powers delegated to them by central, regional and local governments or authorities.
Article 1.7. Transparency
1. The Parties shall publish, or otherwise make publicly available, their laws, regulations, judicial decisions, administrative rulings of general application as well as their respective international agreements, that may affect the operation of this Agreement.
2. The Parties shall promptly respond to specific questions and provide, upon request, information to each other on matters referred to in paragraph 1.
3. Each Party shall ensure that its administrative proceedings applying its laws, regulations, judicial decisions or administrative rulings of general application to a particular person, good or service of another Party in a specific case:
(a) endeavour to provide reasonable notice to persons that are directly affected by a proceeding, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of the issues in controversy;
(b) provide a person referred to in subparagraph (a) a reasonable opportunity to present facts and arguments in support of its position prior to any final administrative action, when permitted by time, the nature of the proceeding, and the public interest; and
(c) are conducted in accordance with its law.
4. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review of final administrative actions regarding matters covered by this Agreement. Each Party shall ensure that its tribunals carry out procedures for appeal or review in a non-discriminatory and impartial manner; that they are impartial and are independent of the office or authority entrusted with administrative enforcement; and that they do not have any substantial interest in the outcome of the matter.
5. Each Party shall ensure that, in any tribunals or procedures referred to in paragraph 4, the parties to the proceeding are provided with a reasonable opportunity to support or defend their respective positions.
6. Nothing in this Agreement shall require a Party to disclose confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of any economic operator.
7. In case of any inconsistency between this Article and provisions relating to transparency in other parts of this Agreement, the latter shall prevail to the extent of the inconsistency.
Chapter 2. TRADE IN GOODS (1)
Section 2.1. GENERAL PROVISIONS ON TRADE IN GOODS (2)
Article 2.1. Objective
The objective of this Chapter is to facilitate and liberalise trade in goods between the Parties in accordance with the provisions of this Agreement and in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994) including its interpretive notes.
Article 2.2. Scope
This Chapter applies to trade in goods between the Parties.
Article 2.3. Definitions
For the purposes of this Chapter:
(a) "consular transactions" means the procedure of obtaining from a consul of the importing Party in the exporting Party, or in a third party, a consular invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper's export declaration or any other customs documentation in connection with the importation of the good;
(b) "customs authorities" means:
(i) for the United Kingdom: Her Majesty's Revenue and Customs and any other authority responsible for customs matters;
(ii) for the Bailiwick of Jersey: the Jersey Customs & Immigration Service;
(iii) for the Bailiwick of Guernsey: Guernsey Customs & Excise;
(iv) for the Isle of Man: the Customs and Excise Division, Isle of Man Treasury;
(v) for Norway: the Norwegian Customs Administration; and
(vi) for Iceland: Iceland Revenue and Customs.
The customs authorities referred to above shall be responsible for the application and implementation of this Section and its Annexes, as well as Section 2.4 (Customs and Trade Facilitation) and its Annex, insofar as they apply to them, in their respective territories. References to âcustoms authorityâ in those provisions shall be read accordingly.
(c) "customs duty" includes any duty, tax or charge of equivalent effect imposed on or in connection with the importation or exportation of goods, including any form of surtax or surcharge in connection with such importation or exportation, but does not include:
(i) a charge equivalent to an internal tax imposed consistently with Article II:2 of GATT 1994;
(ii) a measure applied in accordance with the provisions of Articles VI or XIX of the GATT 1994, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), the Agreement on Subsidies and Countervailing Measures (SCM Agreement) or the Agreement on Safeguards (Safeguards Agreement), or a measure imposed in accordance with Article 22 of the Dispute Settlement Understanding; and
(iii) a fee or other charge imposed consistently with Article VIII of GATT 1994.
(d) "export licensing procedures" means administrative procedures, howsoever called in each Party's procedures or referred to by each Party's customs authority, requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body or bodies as a prior condition for exportation;
(e) "good of a Party" means a domestic good as this is understood under GATT 1994 or such goods as the Parties may decide, and includes originating goods;
(f) "Harmonized System" means the Harmonized Commodity Description and Coding System, including all legal notes and amendments thereto developed by the World Customs Organization (WCO);
(g) "Import Licensing Agreement" means the Agreement on Import Licensing Procedures, set out in Annex 1A to the WTO Agreement;
(h) "import licensing procedure" means an administrative procedure, howsoever called in each Party's procedures or referred to by each Party's customs authority, requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body or bodies as a prior condition for importation;
(i) "originating" has the meaning set out in Annex I on Rules of Origin;
(j) "remanufactured good" means a good that:
(i) is entirely or partially comprised of parts obtained from y y goods that have been used;
(ii) has similar life expectancy and performance compared to the equivalent good when new; and
(iii) is given a similar warranty to the equivalent good when new;
(k) "repair" means any processing operation undertaken on a good with the aim of remedying operating defects or material damage and substantially re-establishing the good to its original function or of ensuring compliance with technical requirements for its use. Repair of goods includes restoration and maintenance but does not include an operation or process that:
(i) destroys the essential characteristics of a good, or creates a new or commercially different good;
(ii) transforms an unfinished good into a finished good; or
(iii) is used to improve or upgrade the technical performance of goods;
(l) "performance requirement" means a requirement that:
(i) a given quantity, value or percentage of goods be exported;
(ii) goods of the Party granting an import licence be substituted for imported goods;
(iii) a person benefiting from an import licence purchase other goods in the Party granting the import licence, or accord a preference to domestically produced goods;
(iv) a person benefiting from an import licence produce goods in the Party granting the import licence, with a given quantity, value or percentage of domestic content; or
(v) relates in whatever form to the volume or value of imports, to the volume or value of exports or to the amount of foreign exchange flows.
Article 2.4. National Treatment on Internal Taxation and Regulation
Each Party shall accord national treatment to the goods of the other Party in accordance with Article III (National Treatment on Internal Taxation and Regulation) of GATT 1994, including its interpretive notes, and to this end Article III (National Treatment on Internal Taxation and Regulation) of GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis.
Article 2.5. Classification of Goods
For the purposes of this Agreement, the classification of goods in trade between the Parties shall be governed by each Party’s respective tariff nomenclature in conformity with the Harmonized System.
Article 2.6. Customs Duties
1. Except as otherwise provided for in this Agreement, each Party shall eliminate all customs duties on originating goods of each other Party which are classified within Chapters 25 to 97 of the Harmonized System, with the exception of those goods (the “Scheduled Goods above HS Chapter 24”) listed in the tariff elimination schedule, in Annex II, III, IV or V, that applies to imports into that Party of originating goods of the relevant exporting Party.
2. Except as otherwise provided for in this Agreement, each Party shall reduce or eliminate, in accordance with the tariff elimination schedules in Annexes II, III, IV and V, the customs duties on originating goods of each other Party which are classified within Chapters 1 to 24 of the Harmonized System, and the customs duties on originating goods of each other Party which are Scheduled Goods above HS Chapter 24 as referred to in paragraph 1.
3. Where and for so long as a Party’s applied Most-Favoured-Nation (MFN) customs duty is lower than the rate required pursuant to paragraph 1 or 2 above, the customs duty rate to be applied pursuant to this Agreement to originating goods of another Party shall be calculated as equal to the importing Party’s applied MFN customs duty.
4. A Party may at any time unilaterally accelerate the elimination of customs duties set out in the tariff elimination schedule or schedules, listed in Annexes II, III, IV and/or V, setting out commitments of that Party. For greater certainty, for goods within scope of paragraph 2, a Party may raise a customs duty to the level for a specific year as set out in the tariff elimination schedule or schedules, listed in Annexes II, III, IV and/or V, setting out commitments of that Party following a unilateral reduction as set out in this paragraph.
Article 2.7. Export Duties, Taxes and other Charges
No Party shall adopt or maintain any duty, tax, fees or other charges of any kind imposed on the export of goods to another Party, unless the duty, tax, fee or other charge is also applied to like goods destined for domestic consumption. For the purpose of this Article, fees and other charges of any kind shall not include fees or other charges imposed in accordance with Article 2.8 (Fees and Charges).
Article 2.8. Fees and Charges
1. Each Party shall ensure, in accordance with Article VIII (Fees and Formalities Connected with Importation and Exportation) of GATT 1994 and its interpretative notes, that all fees and other charges within the scope of GATT Article VIII:1(a) of GATT 1994, imposed by that Party on, or in connection with, importation or exportation, including tasks provided under Article 2.57 (Advance Rulings) of Section 2.4 (Customs and Trade Facilitation), are limited to the amount of the approximate cost of services rendered by that Party to the concerned importer or exporter, and shall not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.
2. The fees and charges referred to in paragraph 1 shall not be calculated on an ad valorem basis.
3. Each Party shall publish information on fees and charges on the internet, as far as practicable in English. Such information shall include the service provided, the responsible authority, the fees and charges that will be applied and how they are calculated, as well as when and how payment has to be made.
4. Upon request, the customs authorities or other competent authorities of a Party shall provide information on fees and charges applicable to imports, exports or transit of goods, including the methods of calculation.
5. No Party shall require consular transactions, including related fees and other charges, in connection with the importation of any good of another Party.
Article 2.9. Administration and Implementation of TRQs
1. The Parties agree that the administration of tariff rate quotas (TRQs) under this Agreement should be as conducive to trade as possible and, in particular, that it should facilitate regular imports and enable fill rates to be maximised.
2. A Party that intends to make any change in its quota administration method for any TRQ accorded to another Party under this Agreement shall notify the other Parties at least 3 months in advance of the effective date of the change.
3. The Parties shall exchange at regular intervals information on traded products, TRQ management, price quotations and any useful information concerning their respective domestic markets and the implementation of TRQs.
4. Consultations shall be held at the request of any Party on any question relating to the implementation of the TRQs under this Agreement. If difficulties with implementation arise, such consultations shall be held promptly, with a view to adopting appropriate corrective measures.
Article 2.10. Temporary Admission of Goods
1. Each Party shall grant temporary admission with total conditional relief from import duties, as provided for in its law, for the following goods, regardless of their origin:
(a) goods intended for display or use at exhibitions, fairs, meetings, demonstrations or similar events;
(b) professional equipment, including equipment for the press or for sound or television broadcasting, software, cinematographic equipment, and any ancillary apparatus or accessories for the equipment mentioned above that is necessary for carrying out the business activity, trade or profession of a person visiting the Party to perform a specified task;
(c) containers, commercial samples, advertising films and recordings and other goods imported in connection with a commercial operation;
(d) goods imported for sports purposes;
(e) goods intended for humanitarian purposes; and
(f) animals intended for specific purposes.
2. Each Party may require that the goods benefiting from temporary admission in accordance with paragraph 1:
(a) are intended for re-exportation without having undergone any change except normal depreciation due to the use made of them;
(b) are used solely by or under the personal supervision of a national or resident of another Party in the exercise of the business activity, trade, profession or sport of that person of another Party;
(c) are not sold or leased while in that Party;
(d) are accompanied by a security, releasable on exportation of the goods, if requested by the importing Party, in an amount no greater than the charges that would otherwise be owed on entry or final importation;
(e) can be identified when imported and exported;
(f) are re-exported within a specified period reasonably related to the purpose of the temporary admission; and