(d) the criteria for, and procedures relating to, revocation of the registration.
4. The relevant authority shall make available to professionals information about:
(a) the documentation required of professionals and the form in which it should be presented; and
(b) the acceptance of documents and certificates issued in relation to professional qualifications and other conditions that apply to the practice of the regulated profession.
5. The relevant authority shall deal promptly with enquiries from professionals about the professional qualifications required to practise the regulated profession and any other conditions that apply to the practice of the regulated profession.
Article 12.9. Knowledge of Languages
Relevant authorities may require that professionals demonstrate they possess the language skills necessary to the practice of the relevant profession. If the regulated profession has patient safety implications, language skills may be controlled. Any language test shall be proportionate to the activity to be pursued.
Article 12.10. Appeals
Each Party shall adopt measures granting professionals a right of appeal against:
(a) a relevant authority’s decision to refuse a professional’s access to and pursuit of the regulated profession; and
(b) a relevant authority’s failure to make a decision about a professional’s access to and pursuit of the regulated profession.
Article 12.11. Fees
Each Party shall ensure fees charged by its relevant authorities in relation to measures under paragraph 3 of Article 12.4 (Recognition of Professional Qualifications) are:
(a) reasonable and proportionate to the cost of the professional’s application;
(b) transparent, including in relation to fee structures, and made public in advance; and
(c) payable by electronic means through the relevant authority’s own website.
Article 12.12. Implementation of this Chapter by the Sub-Committee on Services and Investment
1. The Sub-Committee on Services and Investment, established under Article 3.3 (Sub-Committee on Services and Investment) of Chapter 3 (Services and Investment), shall be responsible for the effective implementation and operation of this Chapter.
2. The Parties may decide to invite representatives of relevant entities other than the Parties, including representatives of relevant authorities, having the necessary expertise relevant to the issues to be discussed, to attend meetings of the Sub-Committee on Services and Investment.
3. The Sub-Committee on Services and Investment shall have the following functions:
(a) reporting to the Joint Committee, established under Article 15.1 (Joint Committee) of Chapter 15 (Institutional Provisions), as required;
(b) reviewing and monitoring the implementation and operation of this Chapter, including having regard to how relevant authorities apply the measures adopted under this Chapter;
(c) identifying areas for improvement in the implementation and operation of this Chapter;
(d) exchanging information on any matters relating to this Chapter, including facilitating the sharing of good practice on the implementation and operation of this Chapter between the Parties;
(e) issuing guidance to the Parties on best practices in relation to the implementation and operation of this Chapter;
(f) formulating recommendations which it considers necessary for the effective implementation and operation of this Chapter. These recommendations shall be made to the Joint Committee, which may, in turn, decide to adopt those recommendations;
(g) developing guidelines for the development of the mutual recognition arrangements referred to in Article 12.13 (Establishment of Mutual Recognition Arrangements);
(h) discussing issues related to this Chapter and other issues relevant to the recognition of professional qualifications; and
(i) carrying out any other functions delegated to it by the Joint Committee.
4. The Parties shall have regard to any guidance issued by the Sub-Committee on Services and Investment in accordance with paragraph 3.
Article 12.13. Establishment of Mutual Recognition Arrangements
1. The United Kingdom, on the one hand, and Iceland, Liechtenstein and Norway, acting together or independently, on the other hand (81), may establish mutual recognition arrangements (MRAs) to facilitate recognition of professional qualifications.
2. A MRA may build on the provisions of this Chapter. A MRA may provide for partial access to a profession, and recognition may be conditional upon completing any compensatory measures.
3. The Parties may agree to use the Sub-Committee on Services and Investment to facilitate discussions on MRAs.
4. The Parties may agree by consensus that a MRA established pursuant to this Article shall be considered to form an integral part of this Agreement (82), by means of an Annex or otherwise.
Chapter 13. TRADE AND SUSTAINABLE DEVELOPMENT
Section 13.1. GENERAL PROVISIONS
Article 13.1. Context and Objectives
1. The Parties recall the Rio Declaration on Environment and Development of 1992, the Agenda 21 on Environment and Development of 1992, the Johannesburg Declaration on Sustainable Development of 2002 and the Plan of Implementation of the World Summit on Sustainable Development of 2002, the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998, the Ministerial Declaration of the United Nations Economic and Social Council on “Creating an environment at the national and international levels conducive to generating full and productive employment and decent work for all, and its impact on sustainable development” of 2006, the ILO Declaration on Social Justice for a Fair Globalisation of 2008, the ILO Centenary Declaration for the Future of Work of 2019, the Rio+20 Outcome Document “The Future We Want” of 2012, the Convention on the Elimination of all Forms of Discrimination Against Women of 1979, and the UN 2030 Agenda for Sustainable Development of 2015.
2. The Parties shall promote sustainable development which encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing components. The Parties underline the benefit of cooperation on trade-related and investment-related aspects of labour and environmental issues as part of a global approach to trade and sustainable development.
3. The Parties reaffirm their commitments to promote the development of international trade and investment as well as commit to promote their preferential economic relationship in a manner that is beneficial to all and that contributes to sustainable development. The Parties are therefore determined to maintain and improve their respective high standards within the areas covered by this Chapter.
Article 13.2. Definitions
1. For the purposes of this Chapter, “labour law and standards” means a Party’s law and standards, or other legally binding measure of a Party, that are directly related to the following rights, principles and protections:
(a) the fundamental principles and rights at work as referred to in paragraph 2 of Article 13.13 (International Labour Standards and Agreements); and
(b) labour protections in respect of wages, employment standards, information and consultation rights at company level, hours of work and health and safety at work which are consistent with the ILO Decent Work Agenda, as set out in the ILO Declaration on Social Justice for a Fair Globalisation.
2. For the purposes of this Chapter, “environmental law” means a law or other legally binding measure of a Party, the purpose of which is the protection of the environment (which is taken to include the mitigation of climate change), including the prevention of a danger to human life or health from environmental impacts, such as those that aim at:
(a) the prevention, abatement or control of the release, discharge, or emission of pollutants or environmental contaminants including greenhouse gases;
(b) the management of chemicals and waste or the dissemination of information related thereto; or
(c) the conservation and protection of wild flora or fauna, including endangered species and their habitats, as well as protected areas,
but does not include a measure of a Party solely related to worker health and safety.
Article 13.3. Right to Regulate and Levels of Protection
1. The Parties affirm the right of each Party to set its own policies and priorities in the areas covered by this Chapter, to establish its own levels of protection relating to labour and the environment (including resource efficiency, mitigation of and adaptation to climate change), and to adopt or modify its law and policies in a manner consistent with its international commitments and with this Agreement.
2. Each Party shall seek to ensure that its law and policies covered by this Chapter provide for and encourage high levels of labour and environmental protection, and shall strive to continue to improve in a manner consistent with its international commitments, its law and policies and their underlying levels of protection, with the goal of providing high levels of labour and environmental protection.
Article 13.4. Upholding Levels of Protection
1. The Parties shall not encourage trade or investment between the Parties by relaxing or lowering the level of protection provided by their respective environmental law or labour law and standards.
2. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental law, or its labour law or standards in order to encourage trade or investment between the Parties.
3. A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental law, or its labour law or standards in order to encourage trade or investment between the Parties.
Article 13.5. Transparency
The Parties stress the importance of ensuring transparency as a necessary element to promote public participation and making information public within the context of this Chapter and in accordance with their respective law and practices.
Article 13.6. Public Information and Awareness
1. In addition to Article 13.5 (Transparency), each Party shall encourage public debate with and among non-State actors as regards the development of law and policies covered by this Chapter.
2. Each Party shall promote public awareness of its law and standards covered by this Chapter, as well as enforcement and compliance procedures, by ensuring the availability of information to stakeholders, and by taking steps to further the knowledge and understanding of workers, employers and their respective representatives.
3. Each Party shall ensure that access to relevant environmental information held by or for public authorities is provided to the public upon request and shall take the necessary measures to actively disseminate such information to the public by electronic means.
4. Each Party shall be open to receive and shall give due consideration to submissions from the public on matters related to this Chapter, including communications on implementation concerns. Each Party shall inform its respective civil society organisations, in accordance with its law and practices, of those submissions it considers relevant through the consultative mechanisms referred to in Article 13.31 (Sub-Committee on Trade and Sustainable Development).
Article 13.7. Scientific and Technical Information
1. When preparing and implementing measures related to the environment or labour conditions that affect trade or investment between them, the Parties shall take account of relevant and available scientific, technical and other information such as traditional knowledge, and relevant international standards, guidelines and recommendations.
2. The Parties acknowledge that where there are threats of serious or irreversible damage, the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Article 13.8. Cooperation
1. The Parties recognise the importance of cooperation on trade-related and investment-related aspects of labour and environmental issues in order to achieve the objectives of this Chapter. Therefore, the Parties agree to dialogue and to consult with each other with regard to trade-related sustainable development issues of mutual interest. Each Party may, as appropriate, invite the participation of its social partners or other relevant stakeholders in relevant cooperation projects and in identifying potential areas of cooperation.
2. Accordingly, the Parties may cooperate on issues of mutual interest in areas such as:
(a) improved understanding of the effects of economic activity and market forces on the environment and labour conditions;
(b) the international promotion and the effective application of fundamental principles and rights at work referred to in Article 13.13 (International Labour Standards and Agreements), and the ILO
Decent Work Agenda, including on the interlinkages between trade and full and productive employment, core labour standards, decent work in global supply chains, social protection, social dialogue, and gender equality;
(c) dialogue and information-sharing on the labour, gender equality and environmental provisions of their respective trade agreements, and the implementation thereof; and
(d) monitoring and reviewing the impact of the implementation of this Agreement on sustainable development and women’s economic empowerment.
3. The Parties shall strive to strengthen their cooperation on trade-related and investment-related labour and environmental issues of mutual interest in relevant bilateral and multilateral fora in which they participate such as ILO, WTO, OECD, United Nations Environment Programme and fora established under multilateral environmental agreements. They may, as appropriate, establish cooperative arrangements with such organisations to draw on their expertise and resources.
Article 13.9. Means of Cooperation
1. The Parties shall strive to cooperate on issues of mutual interest to promote the objectives of this Chapter through actions such as:
(a) the exchange of information on best practices, events, activities and initiatives;
(b) the exploration of collaboration in initiatives regarding third parties;
(c) technical exchanges, research projects, studies, reports, conferences and workshops; and
(d) any other form of cooperation deemed appropriate.
2. Cooperation under this Chapter shall be subject to the availability of funds and resources of each participating Party. Costs of cooperation under this Chapter shall be borne by the Parties concerned, in a manner to be agreed between them.
Article 13.10. Promotion of Trade and Investment Favouring Sustainable Development
1. The Parties recognise the important role of trade and investment in promoting sustainable development in all its dimensions.
2. Pursuant to paragraph 1, the Parties undertake to continue to:
(a) promote and facilitate foreign investment and trade in, and dissemination of, goods and services that contribute to sustainable development, including those goods and services subject to ecological, fair or ethical trade schemes;
(b) promote and encourage the development and use of sustainability certification schemes that enhance transparency and traceability throughout the supply chain in line with domestic priorities;
(c) promote trade and investment policies that support the objectives of employment, social dialogue, and rights at work;
(d) promote trade and investment in goods and services that contribute to sustainable development, such as renewable energy and energy- efficient products and services, including through addressing related non-tariff barriers, or the adoption of policy frameworks which will support the use of the best practicable environmental options, as appropriate;
(e) recognise the importance of trade and investment to a more resource- efficient and circular economy, promote life-cycle management of goods and the promotion of sustainable product value chains, including carbon accounting and end-of-life management, extended producer-responsibility, recycling and reduction of waste;
(f) promote sustainable procurement practices;
(g) encourage cooperation between enterprises in relation to goods, services and technologies that contribute to sustainable development;
(h) encourage the integration of sustainability considerations in private and public consumption decisions; and
(i) promote the development, establishment, maintenance or improvement of environmental performance goals and standards.
Article 13.11. Responsible Business Conduct
The Parties commit to promote responsible business conduct, including by encouraging relevant practices such as responsible management of supply chains by businesses, as well as providing supportive policy frameworks to encourage the uptake of relevant practices by businesses. In this regard, the Parties acknowledge the importance of dissemination, adherence, implementation and follow-up of internationally recognised principles and guidelines, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the UN Global Compact and the UN Guiding Principles on Business and Human Rights.
Article 13.12. Anti-Corruption
Recognising the need to build accountability, transparency and integrity within both the public and private sectors and that each sector has complementary responsibilities in this regard, the Parties affirm their resolve to eliminate bribery and corruption in international trade and investment and their commitment to implement their respective obligations of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, with its Annex, done at Paris on 17 December 1997, and the United Nations Convention against Corruption, done at New York on 31 October 2003. The Parties shall consult with a view to identifying and agreeing measures or areas of cooperation to prevent and combat bribery and corruption in matters affecting international trade and investment.
Section 13.2. TRADE AND LABOUR
Article 13.13. International Labour Standards and Agreements
1. The Parties shall continue to promote the development of international trade and investment in a way that is conducive to full and productive employment and decent work for all.
2. Each Party shall ensure that its labour law and practices embody and provide protection for the fundamental principles and rights at work. In this respect the Parties recall the obligations deriving from membership of the ILO and affirm their respective commitments to respect, promote and realise the principles concerning the fundamental rights as reflected in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998, namely:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation.
3. Each Party who is a member of the ILO:
(a) shall make continued and sustained efforts towards ratifying the fundamental ILO Conventions (as identified by the ILO Governing Body) and related Protocols;
(b) reaffirms its commitments under Article 5(1)(c) of ILO Convention 144 to the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given; and
(c) shall exchange information on their respective situations and advances regarding the ratification of the fundamental as well as priority and other ILO Conventions that are classified as up to date by the ILO.
4. Each Party reaffirms its commitments to effectively implement in its law and practices the ILO Conventions which each Party has ratified.
5. Each Party reaffirms its commitments to effectively implement in its law and practices the different provisions of the European Social Charter (83) that, as members of the Council of Europe, each Party has accepted respectively.
6. The Parties recognise the importance of the strategic objectives of the ILO Decent Work Agenda, as reflected in the ILO Declaration on Social Justice for a Fair Globalization of 2008.
7. The Parties commit to:
(a) promote the development and enhancement of measures for decent working conditions for all and related employment rights, including with regard to wages and earnings, hours, health and safety at work and other conditions of work;
(b) promote social dialogue on labour matters among workers and employers, and their respective organisations, and governments;
(c) the maintenance of a well-functioning labour enforcement system; and
(d) ensure non-discrimination in respect of working conditions;
and each Party that is a member of the ILO shall do so in accordance with the ILO Declaration on Social Justice for a Fair Globalization of 2008.
8. The Parties note, as set out in the ILO Declaration on Social Justice for a Fair Globalization, that the violation of fundamental principles and rights at work shall not be invoked or otherwise used as a legitimate comparative advantage and that labour standards shall not be used for protectionist trade purposes.
9. The Parties recognise the value of international cooperation and agreements on labour affairs as a response of the international community to economic, employment and social challenges and opportunities resulting from globalisation.
10. Affirming the value of policy coherence in decent work, including core labour standards, and high levels of labour protection, coupled with their effective enforcement, the Parties recognise the beneficial role that those areas can have on economic efficiency, innovation and productivity, including export performance.
Article 13.14. Non-Discrimination and Equality In the Workplace
1. The Parties support the goals of eliminating discrimination in employment and occupation, and of promoting gender equality in relation to trade and the workplace.
2. Each Party affirms its commitments to effectively implement in its laws, policies and practices the international agreements pertaining to inclusive economic development, gender equality or non-discrimination to which they are a party.
3. The Parties commit to:
(a) promote policies that aim to ensure an inclusive labour market, equal rights and opportunities and address unlawful discrimination in relation to trade and the workplace;
(b) implement policies and measures to protect workers against employment discrimination on the basis of sex or gender, pregnancy, or sexual orientation;
(c) provide for job-protected leave for parents following birth or adoption of a child;
(d) work towards the elimination of gender wage gaps by promoting equal pay laws and policies with the aim to achieve equal pay; and
(e) promote policies that aim to eliminate all forms of gender-based violence and sexual harassment in the workplace.
Article 13.15. Access to Remedies and Procedural Guarantees
Pursuant to Article 13.4 (Upholding Levels of Protection) each Party shall promote compliance with and shall effectively enforce its labour law, including by:
(a) maintaining a system of labour enforcement in accordance with its international obligations aimed at securing the enforcement of legal provisions relating to working conditions and the protection of workers; and
(b) ensuring that administrative and judicial proceedings are available to persons with a legally recognised interest in a particular matter who maintain that a right is infringed under its law, in order to permit effective action against infringements of its labour law, including appropriate remedies for violations of such law.
Section 13.3. WOMEN’S ECONOMIC EMPOWERMENT AND TRADE
Article 13.16. Objectives
1. The Parties acknowledge the importance of incorporating a gender perspective in the promotion of inclusive economic development and that gender-responsive policies are key elements to ensure more equitable participation of all in the domestic, regional and global economy and international trade, in order to achieve sustainable economic growth.
2. The Parties recognise that women’s participation in international trade can contribute to advancing women’s economic empowerment and economic independence. As such, the Parties agree to advance women’s economic empowerment across this Agreement, and incorporate a gender perspective in their trade and investment relationship.
3. The Parties further recognise the importance of enhancing opportunities for women, including in their roles as workers, business owners and entrepreneurs, and appreciate the benefits of sharing their different experiences in and best practices for addressing the systemic barriers which may exist for women in international trade.
Article 13.17. International Commitments
1. The Parties recognise the importance of international agreements relating to inclusive economic development, gender equality and women’s economic empowerment.
2. Each Party affirms its commitments to effectively implement in its laws, policies and practices the international agreements pertaining to inclusive economic development, gender equality and women’s economic empowerment to which it is a party.
3. The Parties recognise the commitments made in the Joint Declaration on Trade and Women’s Economic Empowerment on the occasion of the WTO Ministerial Conference in Buenos Aires in December 2017, including acknowledgement of the need to develop evidence-based interventions to address the barriers that limit opportunities for women in the economy.
Article 13.18. Cooperative Activities
The Parties may carry out cooperate activities to support the achievement of the objectives in Article 13.16 (Objectives) on issues of mutual interest. Cooperative activities shall be carried out with the inclusive participation of women. Areas of cooperation may include sharing experiences and best practices relating to: