Iceland - Liechtenstein - Norway - United Kingdom FTA (2021)
Previous page Next page

Article 10.4. Dispute Settlement

The provisions of this Chapter shall not be subject to dispute settlement under Chapter 16 (Dispute Settlement).

Chapter 11. GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION

Section 11.1. GENERAL PROVISIONS

Article 11.1. Objectives and General Principles

1. The objectives of this Chapter are to promote good regulatory practices and regulatory cooperation between the Parties with the aim of enhancing trade and investment between the Parties by:

(a) promoting an effective, transparent and predictable regulatory environment; and

(b) discussing regulatory measures, practices or approaches of interested Parties, including how to enhance their efficient application.

2. Nothing in this Chapter shall affect the right of a Party to regulate in pursuit or furtherance of its public policy objectives.

3. Nothing in this Chapter shall be construed as preventing a Party from adopting, maintaining and applying regulatory measures in accordance with its legal framework, principles and deadlines, in order to achieve its public policy objectives.

4. Nothing in this Chapter shall be construed as obliging a Party to achieve any particular regulatory outcome.

Article 11.2. Definitions

For the purposes of this Chapter, unless otherwise specified:

(a) “regulatory authority” means:

(i) in the case of Iceland, Liechtenstein and Norway, the Government of that Party; and

(ii) in the case of the United Kingdom, Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland, and the devolved administrations of the United Kingdom; and

(b) “regulatory measures” means legislation as set out in Annex XXV (Additional Provisions Concerning the Scope of “Regulatory Measures”). For Iceland, Liechtenstein and Norway, regulatory measures under this Chapter do not include measures following from obligations under the EEA Agreement.

Article 11.3. Scope

1. Section 11.2 (Good Regulatory Practices) applies to all regulatory measures issued by the regulatory authority of a Party in respect of any matter covered by this Agreement.

2. Sections 11.3 (Regulatory Cooperation) and 11.4 (Institutional Provisions) apply to other measures of general application issued by the regulatory authority of a Party which are relevant to regulatory cooperation activities, such as guidelines, policy documents or recommendations, in addition to the regulatory measures referred to in paragraph 1.

3. Any specific provisions in other Chapters of this Agreement shall prevail over the provisions of this Chapter to the extent necessary for the application of the specific provisions.

Section 11.2. GOOD REGULATORY PRACTICES

Article 11.4. Internal Coordination

Each Party shall endeavour to maintain internal processes or mechanisms to foster good regulatory practices, including those provided for in this Section.

Article 11.5. Regulatory Processes and Mechanisms

Each Party shall ensure that their regulatory authority provides public access to descriptions of the processes and mechanisms under which its regulatory measures are prepared, evaluated and reviewed. Where practicable, this information should be made available online. Those descriptions should refer to relevant guidelines, rules or procedures.

Article 11.6. Public Consultations

1. When preparing significant (73) regulatory measures, the regulatory authority of each Party should, to the extent practicable and in a manner consistent with its legal system for adopting new measures:

(a) publish either the draft regulatory measures or consultation documents providing sufficient details about regulatory measures under preparation to allow any person to assess whether and how the person’s interests might be significantly affected;

(b) offer, on a non-discriminatory basis, reasonable opportunities for any person to provide comments (74); and

(c) consider the comments received.

2. The regulatory authority of each Party should make use of electronic means of communication and seek to maintain online services that are freely and publicly available for the purpose of providing information and receiving comments related to public consultations.

3. The regulatory authority of each Party shall make publicly available any comment received or a summary of the results of the consultations. This obligation does not apply to the extent necessary for the protection of confidential or sensitive information, for withholding personal data or inappropriate content or for other justified grounds such as the risk of harm to the interests of a third party.

(73) The regulatory authority of each Party may determine what constitutes “significant” regulatory measures for the purpose of its obligations under this Section.
(74) For clarity, this does not create any obligation to provide consultation documents in any other languages than normally used in the Party.

Article 11.7. Proportionate Analyses

1. The regulatory authority of each Party shall endeavour to carry out, in accordance with the relevant rules and procedures, a proportionate analysis of significant regulatory measures under preparation.

2. When carrying out a proportionate analysis, the regulatory authority of each Party shall establish and maintain processes and mechanisms under which the following factors should be taken into consideration:

(a) the need for the regulatory measure, including the nature and the significance of the issue that the regulatory measure intends to address; and

(b) any feasible and appropriate regulatory or non-regulatory alternatives, including the option of not regulating, if available, that would achieve the Party’s public policy objectives.

3. The regulatory authority of each Party shall provide public access to the findings of its proportionate analyses consistent with their rules and procedures. Where practicable, this information should be made available online and in a timely manner.

Article 11.8. Retrospective Evaluation

The regulatory authority of each Party should maintain processes or mechanisms for the purpose of carrying out retrospective evaluation of regulatory measures in force where appropriate.

Article 11.9. Exchange of Information on Good Regulatory Practices

The regulatory authorities may exchange information on their good regulatory practices as referred to in this Section, such as practices regarding proportionate analyses or those regarding retrospective evaluations.

Section 11.3. REGULATORY COOPERATION

Article 11.10. Regulatory Cooperation Activities

1. A Party may propose a regulatory cooperation activity to another Party. It shall present that proposal via the contact point designated in accordance with Article 11.11 (Contact Points).

2. The other Party shall review the proposal in due course and shall inform the proposing Party whether it considers the proposed activity suitable for regulatory cooperation.

3. If the Parties concerned decide to engage in a regulatory cooperation activity, the regulatory authority of each Party shall:

(a) inform the regulatory authority of the other Party about the development of new or the revision of existing measures that are relevant for the regulatory cooperation activity;

(b) on request, provide information and discuss measures that are relevant for the regulatory cooperation activity; and

(c) when developing new or revising existing regulatory or other measures, consider, to the extent feasible, any regulatory approach by the other Party on the same or a related matter.

4. The Parties may engage in regulatory cooperation activities on a voluntary basis. A Party may refuse to engage in or withdraw from regulatory cooperation activities. A Party that refuses to engage in or withdraws from regulatory cooperation activities should explain the reasons for its decision to the other Party.

5. Where appropriate, the regulatory authorities may, by mutual consent, entrust the implementation of a regulatory cooperation activity to the relevant bodies in the Parties.

Section 11.4. INSTITUTIONAL PROVISIONS

Article 11.11. Contact Points

Each Party shall, upon the entry into force of this Agreement, designate a contact point for the implementation of this Section and for exchange of information in accordance with Article 11.12 (Exchange of Information on Planned or Existing Regulatory Measures) and notify the other Parties of the contact. The Parties shall promptly notify each other of any change of those contact details.

Article 11.12. Exchange of Information on Planned or Existing Regulatory Measures

1. A Party may submit to another Party a request for information and clarifications regarding planned or existing regulatory measures of the other Party. The Party to whom the request is addressed shall endeavour to respond promptly.

2. The Parties shall not be required to disclose confidential or sensitive information or data.

Article 11.13. Dispute Settlement

The provisions of this Chapter shall not be subject to dispute settlement under Chapter 16 (Dispute Settlement).

Chapter 12. RECOGNITION OF PROFESSIONAL QUALIFICATIONS

Article 12.1. Definitions

1. For the purposes of this Chapter:

(a) “adaptation period” means a period of supervised practice, subject to an assessment and possibly accompanied by further training, of a regulated profession in the host jurisdiction under the responsibility of a qualified member of that profession;

(b) “aptitude test” means a test limited to the professional knowledge of professionals, made by the relevant authorities of the host jurisdiction with the aim of assessing the ability of the professional to pursue a regulated profession in that jurisdiction;

(c) “compensatory measures” means an adaptation period or an aptitude test;

(d) “evidence of formal qualifications” means diplomas, certificates and other evidence issued by an authority in the jurisdiction of one of the Parties and certifying successful completion of professional training obtained mainly in that jurisdiction;

(e) “home jurisdiction” means the jurisdiction of the Party in which the professional qualifications were obtained;

(f) “host jurisdiction” means the jurisdiction of the Party in which a professional wants to access and pursue a regulated profession;

(g) “measure” means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, requirement, practice or in any other form (75);

(h) “measures of a Party” means measures adopted or maintained by:

(i) central, regional or local governments or authorities; and

(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

(i) “profession” means an occupation or trade, or any subdivision of, or distinct specialism within, a profession;

(j) “professional” means a natural person who has obtained their professional qualifications in one of the Parties and seeks to access and pursue a regulated profession in a host jurisdiction;

(k) “professional activity” means an activity which forms part of a regulated profession;

(l) “professional experience” means the lawful and effective practice of the relevant profession;

(m) “professional qualifications” means qualifications attested by evidence of formal qualifications or professional experience;

(n) “regulated profession” means a profession, the practice of which, including the use of a title or designation, is subject to the possession of specific professional qualifications by virtue of a measure of a Party; and

(o) “relevant authority” means an authority or body, designated pursuant to a measure of a Party to recognise qualifications and authorise the practice of a regulated profession in a jurisdiction.

(75) For greater certainty, the term “measure” includes failures to act.

Article 12.2. Objectives and Scope

1. This Chapter establishes a framework to facilitate a transparent and consistent regime for the recognition of professional qualifications by the Parties. This Chapter applies where:

(a) a professional with a professional qualification obtained in the United Kingdom makes an application to a relevant authority in Iceland, Liechtenstein or Norway for permission to access and pursue a regulated profession; or

(b) a professional with a professional qualification obtained in Iceland, Liechtenstein or Norway makes an application to a relevant authority in the United Kingdom for permission to access and pursue a regulated profession.

2. For the avoidance of doubt, this Chapter applies where the profession is regulated both in the home and host jurisdictions, and equally where the profession is only regulated in the host jurisdiction.

Article 12.3. Domestic Regulation

Any specific provisions in this Chapter shall prevail over the provisions of the Sub-Sections 3.5.1 (Domestic Regulation) and 3.5.2 (Provisions of General Application) of Chapter 3 (Services and Investment) to the extent necessary to give effect to the specific provision.

Article 12.4. Recognition of Professional Qualifications

1. Subject to Article 12.5 (Conditions for Recognition), recognition of a professional’s professional qualifications by the host jurisdiction shall permit access to and the pursuit of the regulated profession in that jurisdiction by that professional (76).

2. Upon recognition, the host jurisdiction shall accord treatment no less favourable in respect of access to or pursuit of the regulated profession to that professional than that it accords, in like situations, to natural persons who have obtained their qualifications in the host jurisdiction.

3. Each Party shall adopt, where applicable, and maintain the necessary measures that require relevant authorities to establish or operate a system for recognition which complies with Articles 12.5 (Conditions for Recognition) to 12.11 (Fees).

4. The measures referred to in paragraph 3 shall have effect on each Party upon its notification to the other Parties that its internal requirements to implement them are in place. Each Party shall use its best endeavours to have in effect the measures referred to in paragraph 3 and to have provided such notification within 24 months of the date of entry into force of the Agreement. A Party that is unable to provide such notification within this period shall report to the Sub-Committee on Services and Investment.

(76) The Parties understand that the provisions of this Chapter are without prejudice to any provisions on market access or movement of natural persons, and only regulate issues relating to recognition of professional qualifications. The Parties also understand that this Chapter applies notwithstanding the legal grounds for which the right to access and pursue the regulated profession in the host Party are based on.

Article 12.5. Conditions for Recognition

1. If access to or pursuit of a regulated profession in the host jurisdiction is contingent upon possession of specific professional qualifications, the relevant authority shall recognise the professional qualifications of a professional who applies for recognition in the host jurisdiction and possesses comparable professional qualifications for the same profession in the home jurisdiction (77).

2. A relevant authority may only refuse to recognise professional qualifications for the same profession where Conditions 1, 2, 3 or 4 are met.

3. Condition 1 is met where:

(a) there exists a substantial difference between the professional’s professional qualifications and the essential knowledge or skills required to practise the profession in the host jurisdiction; and

(b) the professional fails, or refuses to take, an aptitude test or an adaptation period under Article 12.6 (Compensatory Measures).

4. Condition 2 is met where:

(a) the regulated profession in the host jurisdiction comprises one or more professional activities that cover substantially different matters from those covered by the professional’s professional qualifications; and

(b) the professional fails, or refuses to take, an aptitude test or an adaptation period under Article 12.6 (Compensatory Measures).

5. Condition 3 is met where requiring the professional to take an aptitude test or to complete an adaptation period under Article 12.6 (Compensatory Measures) would amount to requiring the professional to acquire the professional qualifications required to practise the regulated profession in the host jurisdiction.

6. Condition 4 is met where access to and pursuit of a regulated profession by a natural person whose professional qualifications were obtained in the host jurisdiction is subject to conditions other than the possession of specific professional qualifications and the professional fails to meet those conditions.

(77) Iceland, Liechtenstein and Norway observe that they are, pursuant to the EEA Agreement, obliged to respect the minimum training conditions for some professions harmonised in the EEA Agreement. For these professions and for the purposes of this Article, a professional’s qualifications will only be recognised by Iceland, Liechtenstein and Norway where the professional satisfies those minimum training conditions on application or by, pursuant to Article 12.6 (Compensatory Measures), passing compensatory measures.

Article 12.6. Compensatory Measures

1. A relevant authority may require a professional to take an aptitude test, standardised or otherwise, or to complete an adaptation period where:

(a) there exists a substantial difference between the professional’s professional qualifications and the essential knowledge or skills required to practise the regulated profession in the host jurisdiction; or

(b) the regulated profession in the host jurisdiction comprises one or more professional activities that cover substantially different matters from those covered by the professional’s professional qualifications.

2. The relevant authority may decide between an adaptation period or an aptitude test.

3. Relevant authorities are encouraged to apply compensatory measures in a manner proportionate to the difference they seek to address.

4. To the extent possible and at the professional’s request, relevant authorities shall provide their reasons for requiring that professional to undertake compensatory measures in writing.

5. Each Party shall ensure that, where a relevant authority requires the professional to take an aptitude test, that relevant authority schedules aptitude tests with reasonable frequency and at least once a year, where applicable.

Article 12.7. Procedure for Applications

1. The relevant authority shall:

(a) acknowledge receipt of the professional’s application within one month of receipt and inform the professional of any missing document;

(b) grant the professional adequate time to complete the requirements and procedures of the application process;

(c) deal promptly with the professional’s application; and

(d) issue a decision no later than four months after the date on which the complete application was submitted.

2. The relevant authority may require the professional to provide evidence of professional qualifications. The evidence requested shall be no more than is necessary to demonstrate that the professional holds comparable professional qualifications.

3. Where access to and pursuit of a regulated profession by a natural person whose professional qualifications were obtained in the host jurisdiction is subject to conditions other than the possession of specific professional qualifications, the relevant authority may require the professional to provide evidence that they satisfy those conditions. The evidence that is requested shall be no more than is necessary to demonstrate that the professional satisfies those conditions.

4. A relevant authority shall accept copies of documents that are authenticated in accordance with the Party’s domestic law in place of original documents, unless the relevant authority requires original documents to protect the integrity of the recognition process.

5. The relevant authority (78) of the host jurisdiction and of the home jurisdiction shall work in close collaboration and shall exchange information to facilitate the professional’s application, where applicable.

6. Where applicable, the relevant authority (79) of the host jurisdiction and of the home jurisdiction shall, notwithstanding any duty of confidentiality, exchange information regarding disciplinary action taken or criminal sanctions imposed or any other serious, specific circumstances which are likely to have consequences for the pursuit of the regulated professions by the professional. The Parties acknowledge that this is particularly important for the following professionals:

(a) health professionals exercising activities that have patient safety implications; and

(b) professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a profession regulated in that Party.

7. Any exchange of information between relevant authorities pursuant to this Article shall be subject to the data protection law of each of the Parties. (80)

(78) For the purposes of this paragraph, in Iceland, Liechtenstein and Norway, authorities other than those falling within the definition of “relevant authority” under subparagraph 1(o) Article 12.1 (Definitions) may be involved in the governance of regulated professions. In the case of such involvement of other authorities in Iceland, Liechtenstein or Norway, the Parties agree that information shall be exchanged between those authorities and the relevant authorities of another Party, where applicable, for compliance with this paragraph.
(79) For the purposes of this paragraph, in Iceland, Liechtenstein and Norway, authorities other than those falling within the definition of “relevant authority” under subparagraph 1(o) Article 12.1 (Definitions) may be involved in the governance of regulated professions. In the case of such involvement of other authorities in Iceland, Liechtenstein or Norway, the Parties agree that information shall be exchanged between those authorities and the relevant authorities of another Party, where applicable, for compliance with this paragraph.
(80) The Parties understand that the obligation under this paragraph extends to any other authorities working in collaboration or exchanging information for the purposes of paragraphs 5 and 6.

Article 12.8. Licensing and other Provisions

1. The relevant authority shall make available to professionals information about the professional qualifications required to practise the regulated profession.

2. The relevant authority shall make available to professionals information that explains any other conditions that apply to the practice of the regulated profession including:

(a) where a licence to practise is required, the conditions under which a licence is obtained following the determination of eligibility and what that licence entails;

(b) membership of a professional body;

(c) use of professional or academic titles;

(d) having an office address, maintaining an establishment or being a resident;

(e) language skills;

(f) proof of good character;

(g) professional indemnity insurance;

(h) compliance with the host jurisdiction’s requirements for the use of trade or firm names; and

(i) compliance with the host jurisdiction’s ethics, for example, independence and good conduct.

3. The relevant authority shall make available to professionals information about:

(a) the relevant laws to be applied regarding, for example, disciplinary action, financial responsibility or liability;

(b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and any consequential effects on practising professional activities;

(c) the process and procedures for the ongoing verification of competence; and

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 Territorial Application 1
  • Article   1.3 Territorial Extension 1
  • Article   1.4 Trade and Economic Relations Governed by this Agreement 1
  • Article   1.5 Relation to other International Agreements 1
  • Article   1.6 Fulfilment of Obligations 1
  • Article   1.7 Transparency 1
  • Chapter   2 TRADE IN GOODS (1) 1
  • Section   2.1 GENERAL PROVISIONS ON TRADE IN GOODS (2) 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Classification of Goods 1
  • Article   2.6 Customs Duties 1
  • Article   2.7 Export Duties, Taxes and other Charges 1
  • Article   2.8 Fees and Charges 1
  • Article   2.9 Administration and Implementation of TRQs 1
  • Article   2.10 Temporary Admission of Goods 1
  • Article   2.11 Inward and Outward Processing 2
  • Article   2.12 Import and Export Restrictions 2
  • Article   2.13 Import Licensing 2
  • Article   2.14 Export Licensing 2
  • Article   2.15 Goods for Repair or Alteration 2
  • Article   2.16 Remanufactured Goods 2
  • Article   2.17 Data Sharing on Preference Utilisation 2
  • Article   2.18 Review Clause 2
  • Article   2.19 Sub-Committee on Trade In Goods 2
  • Article   2.20 Annexes 2
  • Section   2.2 TECHNICAL BARRIERS TO TRADE 2
  • Article   2.21 Objective 2
  • Article   2.22 Scope 2
  • Article   2.23 Relationship with the TBT Agreement 2
  • Article   2.24 Technical Regulations 2
  • Article   2.25 Standards 2
  • Article   2.26 Conformity Assessment 2
  • Article   2.27 Transparency 2
  • Article   2.28 Marking and Labelling 3
  • Article   2.29 Cooperation on Market Surveillance and Non-Food Product Safety and Compliance 3
  • Article   2.30 Technical Discussions 3
  • Article   2.31 Cooperation 3
  • Article   2.32 Contact Points 3
  • Article   2.33 Sub-Committee on Technical Barriers to Trade 3
  • Section   2.3 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   2.34 Objectives 3
  • Article   2.35 Scope 3
  • Article   2.36 Definitions 3
  • Article   2.37 Rights and Obligations 3
  • Article   2.38 General Principles 3
  • Article   2.39 Specific Provisions and Arrangements Concerning Sanitary and Phytosanitary Matters 3
  • Article   2.40 Minimum Standard of Treatment on Sanitary Measures 3
  • Article   2.41 Cooperation on Sanitary Matters 3
  • Article   2.42 Transparency and Exchange of Information 3
  • Article   2.43 Recognition of Plant Pest Status and Regional Conditions 3
  • Article   2.44 Notification and Consultation 3
  • Article   2.45 Multilateral International Fora 3
  • Article   2.46 Implementation and Competent Authorities 3
  • Article   2.47 Cooperation on Antimicrobial Resistance 4
  • Article   2.48 Cooperation on Animal Welfare 4
  • Article   2.49 Sustainable Food Systems 4
  • Article   2.50 Sub-Committee on Sanitary and Phytosanitary Measures 4
  • Section   2.4 CUSTOMS AND TRADE FACILITATION 4
  • Article   2.51 Objectives and Principles 4
  • Article   2.52 Transparency, Publication and Consultations 4
  • Article   2.53 Data, Documentation and Automation 4
  • Article   2.54 Simplified Customs Procedures 4
  • Article   2.55 Release of Goods 4
  • Article   2.56 Risk Management 4
  • Article   2.57 Advance Rulings 4
  • Article   2.58 Customs Valuation 4
  • Article   2.59 Authorised Economic Operator 5
  • Article   2.60 Review and Appeal 5
  • Article   2.61 Penalties 5
  • Article   2.62 Customs Cooperation and Mutual Administrative Assistance 5
  • Article   2.63 Single Window 5
  • Article   2.64 Transit and Transhipment 5
  • Article   2.65 Post-Clearance Audit 5
  • Article   2.66 Customs Brokers 5
  • Article   2.67 Competent Customs Offices 5
  • Article   2.68 Border Agency Cooperation 5
  • Article   2.69 Confidentiality 5
  • Section   2.5 TRADE REMEDIES 5
  • GENERAL PROVISIONS 5
  • Article   2.70 Dispute Settlement 5
  • ANTI-DUMPING AND COUNTERVAILING MEASURES 5
  • Article   2.71 General Provisions 5
  • Article   2.72 Investigations 5
  • Article   2.73 Lesser Duty Rule and Public Interest 5
  • SAFEGUARD MEASURES 5
  • Article   2.74 General Provisions and Transparency 5
  • Chapter   3 SERVICES AND INVESTMENT 5
  • Section   3.1 GENERAL PROVISIONS ON SERVICES AND INVESTMENT 5
  • Article   3.1 Scope 5
  • Article   3.2 Definitions 5
  • Article   3.3 Sub-Committee on Services and Investment 5
  • Article   3.4 Denial of Benefits 6
  • Section   3.2 INVESTMENT LIBERALISATION 6
  • Article   3.5 Scope 6
  • Article   3.6 Market Access 6
  • Article   3.7 National Treatment 6
  • Article   3.8 Most-Favoured-Nation Treatment 6
  • Article   3.9 Senior Management and Boards of Directors 6
  • Article   3.10 Performance Requirements 6
  • Article   3.11 Investment and Sustainable Development 6
  • Article   3.12 Non-Conforming Measures 6
  • Section   3.3 CROSS-BORDER TRADE IN SERVICES 6
  • Article   3.13 Scope 6
  • Article   3.14 Market Access 6
  • Article   3.15 Local Presence 6
  • Article   3.16 National Treatment 6
  • Article   3.17 Most-Favoured-Nation Treatment 6
  • Article   3.18 Non-Conforming Measures 6
  • Section   3.4 ENTRY AND TEMPORARY STAY OF NATURAL PERSONS 6
  • Article   3.19 General Provisions and Scope 6
  • Article   3.20 Definitions 6
  • Article   3.21 General Obligations 7
  • Article   3.22 Application Procedures 7
  • Article   3.23 Cooperation on Return and Readmissions 7
  • Article   3.24 Transparency 7
  • Article   3.25 Business Visitors for Establishment Purposes and Intra-Corporate Transferees 7
  • Article   3.26 Contractual Service Suppliers and Independent Professionals 7
  • Article   3.27 Short-Term Business Visitors 7
  • Article   3.28 Non-Conforming Measures 7
  • Article   3.29 Contact Points 7
  • Section   3.5 REGULATORY FRAMEWORK 7
  • Subsection   3.5.1 DOMESTIC REGULATION 7
  • Article   3.30 Scope 7
  • Article   3.31 Definitions 7
  • Article   3.32 Submission of Applications 7
  • Article   3.33 Application Timeframes 7
  • Article   3.34 Electronic Applications and Acceptance of Copies 7
  • Article   3.35 Processing of Applications 7
  • Article   3.36 Fees 7
  • Article   3.37 Assessment of Qualifications 7
  • Article   3.38 Publication and Information Available 7
  • Article   3.39 Technical Standards 7
  • Article   3.40 Conditions for Authorisation 8
  • Subsection   3.5.2 PROVISIONS OF GENERAL APPLICATION 8
  • Article   3.41 Review Procedures for Administrative Decisions 8
  • Article   3.42 Opportunity to Comment Before Entry Into Force 8
  • Article   3.43 Regulatory Cooperation 8
  • Subsection   3.53 FINANCIAL SERVICES 8
  • Article   3.44 Scope 8
  • Article   3.45 Definitions 8
  • Article   3.46 New Financial Services 8
  • Article   3.47 Financial Information and Data 8
  • Article   3.48 Payments and Clearing 8
  • Article   3.49 Senior Management and Boards of Directors 8
  • Article   3.50 Self-Regulatory Organisations 8
  • Article   3.51 Prudential Carve-Out 8
  • Article   3.52 Confidential Information 8
  • Article   3.53 International Standards 8
  • Article   3.54 Recognition of Prudential Measures 8
  • Subsection   3.5.4 TELECOMMUNICATIONS SERVICES 8
  • Article   3.55 Scope 8
  • Article   3.56 Definitions 8
  • Article   3.57 Access and Use 9
  • Article   3.58 Access to Major Suppliers’ Essential Facilities 9
  • Article   3.59 Interconnection 9
  • Article   3.60 Interconnection with Major Suppliers 9
  • Article   3.61 Number Portability 9
  • Article   3.62 Scarce Resources 9
  • Article   3.63 Competitive Safeguards on Major Suppliers 9
  • Article   3.64 Treatment by Major Suppliers 9
  • Article   3.65 Telecommunications Regulatory Authority 9
  • Article   3.66 Authorisation to Provide Telecommunications Networks or Services 9
  • Article   3.67 Transparency 9
  • Article   3.68 Universal Service Obligation 9
  • Article   3.69 International Mobile Roaming Services (50) 9
  • Article   3.70 Dispute Resolution 9
  • Article   3.71 Confidentiality 9
  • Subsection   3.5.5 INTERNATIONAL MARITIME TRANSPORT SERVICES 9
  • Article   3.72 Scope and Definitions 9
  • Article   3.73 Obligations 9
  • Subsection   3.5.6 LEGAL SERVICES 10
  • Article   3.74 Scope 10
  • Article   3.75 Definitions 10
  • Article   3.76 Obligations 10
  • Article   3.77 Non-Conforming Measures 10
  • Chapter   4 DIGITAL TRADE 10
  • Article   4.1 Objectives 10
  • Article   4.2 Definitions 10
  • Article   4.3 Scope 10
  • Article   4.4 Customs Duties (53) 10
  • Article   4.5 Electronic Contracts 10
  • Article   4.6 Electronic Authentication and Electronic Trust Services 10
  • Article   4.7 Paperless Trading (54) 10
  • Article   4.8 Online Consumer Protection 10
  • Article   4.9 Unsolicited Commercial Electronic Messages 10
  • Article   4.10 Source Code 10
  • Article   4.11 Cross-Border Data Flows 10
  • Article   4.12 Protection of Personal Data and Privacy 10
  • Article   4.13 Open Internet Access 10
  • Article   4.14 Open Government Data 10
  • Article   4.15 Cybersecurity 10
  • Article   4.16 Cooperation on Regulatory Issues with Regard to Digital Trade 11
  • Article   4.17 Emerging Technology Dialogue 11
  • Chapter   5 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS (57) 11
  • Article   5.1 Objectives 11
  • Article   5.2 Current Account 11
  • Article   5.3 Capital Movements 11
  • Article   5.4 Measures Affecting Capital Movements, Payments or Transfers 11
  • Article   5.5 Restrictions In Case of Balance of Payments and External Financial Difficulties 11
  • Chapter   6 GOVERNMENT PROCUREMENT 11
  • Article   6.1 Scope and Coverage 11
  • Article   6.2 Additional Disciplines 11
  • Article   6.3 Use of Electronic Means 11
  • Article   6.4 Electronic Publication of Procurement Notices 11
  • Article   6.5 Supporting Evidence 11
  • Article   6.6 Conditions for Participation 11
  • Article   6.7 Registration Systems and Qualification Procedures 11
  • Article   6.8 Selective Tendering 11
  • Article   6.9 Abnormally Low Prices 11
  • Article   6.10 Facilitating Participation of Small and Medium-Sized Enterprises (SMEs) 11
  • Article   6.11 Environmental, Social and Labour Considerations 11
  • Article   6.12 Modifications and Rectifications of Market Access Commitments 11
  • Article   6.13 Modifications 11
  • Article   6.14 Rectifications 11
  • Article   6.15 Further Negotiations 11
  • Chapter   7 CHAPTER 7 INTELLECTUAL PROPERTY (59) 11
  • Section   7.1 GENERAL PROVISIONS 11
  • Article   7.1 Objectives 11
  • Article   7.2 Scope 11
  • Article   7.3 Definitions 11
  • Article   7.4 International Agreements 11
  • Article   7.5 Exhaustion 12
  • Article   7.6 National Treatment 12
  • Section   7.2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 12
  • Subsection   7.2.1 COPYRIGHT AND RELATED RIGHTS 12
  • Article   7.7 Authors 12
  • Article   7.8 Performers 12
  • Article   7.9 Producers of Phonograms 12
  • Article   7.10 Broadcasting Organisations 12
  • Article   7.11 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes 12
  • Article   7.12 Term of Protection 12
  • Article   7.13 Resale Right 12
  • Article   7.14 Collective Management of Rights 12
  • Article   7.15 Exceptions and Limitations 12
  • Article   7.16 Protection of Technological Measures 12
  • Article   7.17 Obligations Concerning Rights Management Information 12
  • Subsection   7.2.2 TRADE MARKS 12
  • Article   7.18 Trade Mark Classification 12
  • Article   7.19 Signs of Which a Registered Trade Mark May Consist 12
  • Article   7.20 Rights Conferred by a Registered Trade Mark 12
  • Article   7.21 Registration Procedure 12
  • Article   7.22 Well-Known Trade Marks 12
  • Article   7.23 Exceptions to the Rights Conferred by a Trade Mark 12
  • Article   7.24 Grounds for Revocation 12
  • Article   7.25 The Right to Prohibit Preparatory Acts In Relation to the Use of Packaging or other Means 12
  • Article   7.26 Bad Faith Applications 12
  • Subsection   7.23 DESIGN 12
  • Article   7.27 Protection of Registered Designs 12
  • Article   7.28 Duration of Protection 12
  • Article   7.29 Exceptions and Exclusions 12
  • Article   7.30 Relationship to Copyright 12
  • Subsection   7.2.4 GEOGRAPHICAL INDICATIONS AND TRADITIONAL TERMS 12
  • Article   7.31 Effect of this Sub-Section 12
  • Article   7.32 Scope 12
  • Article   7.33 Systems for the Registration and Protection of Geographical Indications 13
  • Article   7.34 Recognition of Specific Geographical Indications 13
  • Article   7.35 Protection of Traditional Terms 13
  • Article   7.36 Right of Use 13
  • Article   7.37 Scope of Protection 13
  • Article   7.38 Enforcement of Protection 13
  • Article   7.39 Relationship with Trade Marks 13
  • Article   7.40 Amending the Annexes on Geographical Indications 13
  • Article   7.41 Processing of Specific Geographical Indications 13
  • Article   7.42 Individual Applications for Protection of Geographical Indications and Traditional Terms 13
  • Article   7.43 Indications of Source and Country Names 13
  • Subsection   7.2.5 PATENTS 13
  • Article   7.44 Patents and Public Health 13
  • Article   7.45 Extension of the Period of Protection Conferred by a Patent on Medicinal Products and on Plant Protection Products (66) 13
  • Subsection   7.26 PROTECTION OF UNDISCLOSED INFORMATION 13
  • Article   7.46 Protection of Trade Secrets 13
  • Article   7.47 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market (68) 13
  • Article   7.48 Protection of Data Submitted to Obtain Marketing Authorisation for Plant Protection Products or Biocidal Products  (69) 13
  • Section   7.3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 13
  • Subsection   7.3.1 GENERAL PROVISIONS 13
  • Article   7.49 General Obligations 13
  • Article   7.50 Persons Entitled to Apply for the Application of the Measures, Procedures and Remedies 13
  • Subsection   7.3.2 CIVIL AND ADMINISTRATIVE ENFORCEMENT 13
  • Article   7.51 Measures for Preserving Evidence 13
  • Article   7.52 Evidence 13
  • Article   7.53 Right of Information 13
  • Article   7.54 Provisional and Precautionary Measures 14
  • Article   7.55 Corrective Measures 14
  • Article   7.56 Injunctions 14
  • Article   7.57 Alternative Measures 14
  • Article   7.58 Damages 14
  • Article   7.59 Legal Costs 14
  • Article   7.60 Publication of Judicial Decisions 14
  • Article   7.61 Presumption of Authorship or Ownership 14
  • Subsection   7.3.3 CIVIL JUDICIAL PROCEDURES AND REMEDIES OF TRADE SECRETS 14
  • Article   7.62 Civil Judicial Procedures and Remedies of Trade Secrets 14
  • Subsection   7.3.4 BORDER ENFORCEMENT 14
  • Article   7.63 Border Measures 14
  • Article   7.64 Consistency with GATT 1994 and the TRIPS Agreement 14
  • Section   7.4 OTHER PROVISIONS 14
  • Article   7.65 Cooperation 14
  • Chapter   8 COMPETITION POLICY 14
  • Article   8.1 Definitions 14
  • Article   8.2 Competition Law 14
  • Article   8.3 Application of Competition Law to Public Enterprises 14
  • Article   8.4 Cooperation 14
  • Article   8.5 Dispute Settlement 14
  • Chapter   9 SUBSIDIES (71) 14
  • Article   9.1 Principles 14
  • Article   9.2 Relationship with the WTO Agreement 14
  • Article   9.3 Definition and Scope 14
  • Article   9.4 Transparency 14
  • Article   9.5 Consultations 14
  • Article   9.6 Use of Subsidies 14
  • Article   9.7 Confidentiality 14
  • Article   9.8 Dispute Settlement 14
  • Chapter   10 SMALL AND MEDIUM-SIZED ENTERPRISES 14
  • Article   10.1 General Principles 14
  • Article   10.2 Information Sharing 14
  • Article   10.3 SME Contact Points 14
  • Article   10.4 Dispute Settlement 15
  • Chapter   11 GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION 15
  • Section   11.1 GENERAL PROVISIONS 15
  • Article   11.1 Objectives and General Principles 15
  • Article   11.2 Definitions 15
  • Article   11.3 Scope 15
  • Section   11.2 GOOD REGULATORY PRACTICES 15
  • Article   11.4 Internal Coordination 15
  • Article   11.5 Regulatory Processes and Mechanisms 15
  • Article   11.6 Public Consultations 15
  • Article   11.7 Proportionate Analyses 15
  • Article   11.8 Retrospective Evaluation 15
  • Article   11.9 Exchange of Information on Good Regulatory Practices 15
  • Section   11.3 REGULATORY COOPERATION 15
  • Article   11.10 Regulatory Cooperation Activities 15
  • Section   11.4 INSTITUTIONAL PROVISIONS 15
  • Article   11.11 Contact Points 15
  • Article   11.12 Exchange of Information on Planned or Existing Regulatory Measures 15
  • Article   11.13 Dispute Settlement 15
  • Chapter   12 RECOGNITION OF PROFESSIONAL QUALIFICATIONS 15
  • Article   12.1 Definitions 15
  • Article   12.2 Objectives and Scope 15
  • Article   12.3 Domestic Regulation 15
  • Article   12.4 Recognition of Professional Qualifications 15
  • Article   12.5 Conditions for Recognition 15
  • Article   12.6 Compensatory Measures 15
  • Article   12.7 Procedure for Applications 15
  • Article   12.8 Licensing and other Provisions 15
  • Article   12.9 Knowledge of Languages 16
  • Article   12.10 Appeals 16
  • Article   12.11 Fees 16
  • Article   12.12 Implementation of this Chapter by the Sub-Committee on Services and Investment 16
  • Article   12.13 Establishment of Mutual Recognition Arrangements 16
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 16
  • Section   13.1 GENERAL PROVISIONS 16
  • Article   13.1 Context and Objectives 16
  • Article   13.2 Definitions 16
  • Article   13.3 Right to Regulate and Levels of Protection 16
  • Article   13.4 Upholding Levels of Protection 16
  • Article   13.5 Transparency 16
  • Article   13.6 Public Information and Awareness 16
  • Article   13.7 Scientific and Technical Information 16
  • Article   13.8 Cooperation 16
  • Article   13.9 Means of Cooperation 16
  • Article   13.10 Promotion of Trade and Investment Favouring Sustainable Development 16
  • Article   13.11 Responsible Business Conduct 16
  • Article   13.12 Anti-Corruption 16
  • Section   13.2 TRADE AND LABOUR 16
  • Article   13.13 International Labour Standards and Agreements 16
  • Article   13.14 Non-Discrimination and Equality In the Workplace 16
  • Article   13.15 Access to Remedies and Procedural Guarantees 16
  • Section   13.3 WOMEN’S ECONOMIC EMPOWERMENT AND TRADE 16
  • Article   13.16 Objectives 16
  • Article   13.17 International Commitments 16
  • Article   13.18 Cooperative Activities 16
  • Article   13.19 Dispute Settlement 17
  • Section   13.4 TRADE AND ENVIRONMENT 17
  • Article   13.20 Multilateral Environmental Agreements and Principles 17
  • Article   13.21 Access to Remedies and Procedural Guarantees 17
  • Article   13.22 Trade and Climate Change 17
  • Article   13.23 Air Quality 17
  • Article   13.24 Ozone-Depleting Substances and Their Alternatives 17
  • Article   13.25 Trade and Biological Diversity (85) 17
  • Article   13.26 Conservation of Marine Ecosystems and Species 17
  • Article   13.27 Sustainable Forest Management and Associated Trade (86) 17
  • Article   13.28 Trade and Sustainable Management of Fisheries and Aquaculture 17
  • Article   13.29 Trade In Waste and Chemicals and Prevention of Pollution 17
  • Article   13.30 Trade and Sustainable Agriculture and Food Systems 17
  • Section   13.5 INSTITUTIONAL MECHANISMS 17
  • Article   13.31 Sub-Committee on Trade and Sustainable Development 17
  • Article   13.32 Implementation and Dispute Resolution 17
  • Article   13.33 Consultations 17
  • Article   13.34 Panel of Experts 18
  • Chapter   14 EXCEPTIONS 18
  • Article   14.1 General Exceptions 18
  • Article   14.2 Security Exceptions 18
  • Article   14.3 Taxation 18
  • Chapter   15 INSTITUTIONAL PROVISIONS 18
  • Article   15.1 Joint Committee 18
  • Chapter   16 DISPUTE SETTLEMENT 18
  • Article   16.1 Objective 18
  • Article   16.2 Scope 18
  • Article   16.3 Request for Information 18
  • Article   16.4 Consultations 18
  • Article   16.5 Good Offices, Conciliation and Mediation 18
  • Article   16.6 Establishment of a Panel 18
  • Article   16.7 Composition of a Panel 18
  • Article   16.8 Qualifications of Arbitrators 18
  • Article   16.9 Terms of Reference 18
  • Article   16.10 Urgent Cases 18
  • Article   16.11 Panel Proceedings 18
  • Article   16.12 Rules of Interpretation 19
  • Article   16.13 Receipt of Information 19
  • Article   16.14 Panel Reports 19
  • Article   16.15 Compliance with the Final Report 19
  • Article   16.16 Compliance Review 19
  • Article   16.17 Temporary Remedies In Case of Non-Compliance 19
  • Article   16.18 Compliance Review after the Adoption of Temporary Remedies 19
  • Article   16.19 Suspension and Termination of Proceedings 19
  • Article   16.20 Administration of the Dispute Settlement Procedure 19
  • Article   16.21 Mutually Agreed Solution 19
  • Article   16.22 Choice of Forum 19
  • Article   16.23 Time Period 19
  • Article   16.24 Expenses 19
  • Article   16.25 Rules of Procedure and Code of Conduct 19
  • Chapter   17 FINAL PROVISIONS 19
  • Article   17.1 Annexes and Appendices 19
  • Article   17.2 Amendments 19
  • Article   17.3 Withdrawal and Expiration 19
  • Article   17.4 Review 19
  • Article   17.5 Entry Into Force 19
  • Article   17.6 Depositary 19
  • ANNEX XVI  EXISTING MEASURES 19
  • Headnotes 19
  • Schedule of the United Kingdom 19
  • Schedule of Iceland 21
  • Schedule of Liechtenstein 21
  • Schedule of Norway 22
  • ANNEX XVII  FUTURE MEASURES 23
  • Headnotes 23
  • Schedule of the United Kingdom 24
  • Schedule of Iceland 26
  • Schedule of Liechtenstein 28
  • Schedule of Norway 29
  • ANNEX XXV  ADDITIONAL PROVISIONS CONCERNING THE SCOPE OF “REGULATORY MEASURES” REFERRED TO IN ARTICLE 11.2 (DEFINITIONS) OF SECTION 11.1 (GENERAL PROVISIONS) OF CHAPTER 11 (GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION) 31