EU - Singapore FTA (2018)
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Each Party shall:

(a) refrain from adopting measures providing for local content requirements or any other offset affecting the other Party's products, service suppliers, entrepreneurs or establishments,

(b) refrain from adopting measures requiring the formation of partnerships with local companies, unless such partnerships are deemed necessary for technical reasons and the Party can demonstrate such technical reasons upon request by the other Party;

(c) ensure that any rules concerning the authorisation, certification and licensing procedures that are applied, in particular to equipment, plants and associated transmission network infrastructures, are objective, transparent, and non-arbitrary, and do not discriminate against applicants from the other Party;

(d) ensure that administrative charges imposed on or in connection with the:

(i) importation and use of goods originating in the other Party, or affecting the provision of goods by the other Party's suppliers, are subject to Article 2.10 (Fees and Formalities Connected with Importation and Exportation); and

(ii) provision of services by the other Party’s suppliers are subject to Article 8.18 (Scope and Definitions), Article 8.19 (Conditions for Licensing and Qualification) and Article 8.20 (Licensing and Qualification Proce- dures); and

(e) ensure that the terms, conditions and procedures for the connection and access to electricity transmission grids are transparent and do not discriminate against suppliers of the other Party.

Article 7.5. Standards, Technical Regulations and Conformity Assessment

1. Where international or regional standards exist with respect to products for the generation of energy from renewable and sustainable non-fossil sources, the Parties shall use those standards, or the relevant parts of those standards, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued. For the purpose of applying this paragraph, the International Organization for Standardization (hereinafter referred to as "ISO") and the International Electrotechnical Commission (hereinafter referred to as IEC), in particular, shall be considered relevant international standard-setting bodies.

2. Where appropriate, the Parties shall specify technical regulations based on product requirements in terms of performance, including environmental performance, rather than in terms of design or descriptive characteristics.

3. With respect to products listed in Chapter 84 of the Harmonized System (except 8401) as well as in HS 850231 and 854140:

(a) the Union will accept declarations of conformity from Singapore suppliers under the same terms as from Union suppliers and without any further requirements, for the purpose of placing such products on the market; and

(b) Singapore will accept EU declarations of conformity or test reports without any further requirements, for the purpose of placing such products on the market. Singapore may require mandatory third party testing or certification under the conditions set out in Article 5 (Safeguard Measures) of Annex 4-A.

For greater certainty, this paragraph is without prejudice to either Party applying requirements not related to the products referred to in this paragraph, such as zoning laws or building codes.

Article 7.6. Exceptions

1. This Chapter is subject to the exceptions provided for in Article 2.14 (General Exceptions), Article 8.62 (General Exceptions), Article 9.3 (Security and General Exceptions) and, for greater certainty, to the relevant provisions of Chapter Sixteen (Institutional, General and Final Provisions).

2. For greater certainty, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties' products, service suppliers or investors where the same conditions prevail, or a disguised restriction on trade and investment between the Parties, nothing in this Chapter shall be construed as preventing a Party from the adoption or enforcement of measures necessary for the safe operation of the energy networks concerned, or the safety of energy supply.

Article 7.7. Implementation and Cooperation

1. The Parties shall cooperate and exchange information on any issues relevant for the implementation of this Chapter in the Trade Committee established pursuant to Article 16.1 (Trade Committee). The Parties may, by decision of the Trade Committee, adopt appropriate implementing measures to this effect and update this Chapter as appropriate.

2. The cooperation may include:

(a) exchanging information, regulatory experiences and best practices in areas such as:

(i) the design and non-discriminatory implementation of measures promoting the uptake of energy from renewable sources;

(ii) carbon capture and storage;

(iii) smart grids;

(iv) energy efficiency; and

(v) technical regulations, standards and conformity assessment procedures, such as those relating to grid code requirements; and

(b) promoting, also in relevant regional fora, the convergence of their domestic or regional technical regulations, regulatory concepts, standards, requirements and conformity assessment procedures with international standards.

Chapter EIGHT. SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE

Section A. GENERAL PROVISIONS

Article 8.1. Objective and Scope

1. The Parties, affirming their respective commitments under the WTO Agreement, hereby lay down the necessary arrangements for the progressive reciprocal liberalisation of trade in services, establishment and electric commerce.

2. Except as otherwise provided, this Chapter shall not:

(a) apply to subsidies granted or grants provided by a Party, including government-supported loans, guarantees, and insurance;

(b) apply to services supplied in the exercise of governmental authority within the respective territories of the Parties;

(c) require the privatisation of public undertakings; and

(d) apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased. for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale.

3. Each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives in a manner consistent with this Chapter.

4. This Chapter does not apply to measures that affect natural persons seeking access to the employment market of a Party, or to measures regarding citizenship, residence or employment on a permanent basis. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including measures that are necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits (4) accruing to the other Party under the terms of this Chapter.

(4) The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.

Article 8.2. Definitions

For the purposes of this Chapter:

(a) "direct taxes" comprises all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation;

(b) "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association;

(c) "Union juridical person" or "Singapore juridical person" means:

(i) a juridical person set up in accordance with the laws of the Union and/or the Member States of the Union, or Singapore, respectively, and having its registered office, central administration (5), or principal place of business in the territory of the Union or Singapore, respectively; or

(ii) in the case of establishment in accordance with paragraph (d) of Article 8.8 (Definitions), a juridical person owned or controlled by natural persons of the Member States of the Union or of Singapore respectively, or by Union juridical persons or Singapore juridical persons respectively;

should the juridical person have only its registered office or central administration in the territory of the Union or of Singapore, respectively, it shall not be considered as a Union or Singapore juridical person, respectively, unless it engages in substantive business operations (6) in the territory of the Union or of Singapore respectively;

a juridical person is:

(i) "owned" by natural or juridical persons of the Union and/or any Member State of the Union, or of Singapore, if more than 50 per cent of the equity interest in it is beneficially owned by persons of the Union and/or any Member State of the Union, or of Singapore, respectively;

(ii) "controlled" by natural or juridical persons of the Union and/or any Member State of the Union, or of Singapore, if such persons have the power to name a majority of its directors or otherwise to legally direct its actions;

(ii) "affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person;

(d) notwithstanding subparagraph (c), shipping companies established outside the Union and controlled by nationals of a Member State of the Union shall also be covered by this Agreement if their vessels are registered in accordance with the respective legislation of a Member State of the Union and fly the flag of that Member State of the Union;

(e) "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

(f) "measures adopted or maintained by a Party" means measures taken by:

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

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

(g) measures adopted or maintained by a Party affecting trade in services’ include measures in respect of:

(i) the purchase, payment or use of a service;

(ii) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and

(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;

(h) "Schedule of Specific Commitments" refers to, in the case of the Union, Annex 8-A and the Appendices thereto, and, in the case of Singapore, Annex 8-B and the Appendices thereto;

(i) "service consumer" means any person that receives or uses a service;

(j) "supply of a service" includes the production, distribution, marketing, sale and delivery of a service;

(k) "service of the other Party" means a service which is supplied:

(i) from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of the other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or

(ii) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of the other Party;

(l) "service supplier" means any person that supplies or seeks to supply a service, including through establishment;

(m) service supplied in the exercise of governmental authority means any service, except a service which is supplied on a commercial basis or in competition with one or more service suppliers; and

(n) "trade in services" means the supply of a service:

(i)  from the territory of a Party into the territory of the other Party (cross-border);

(ii) in the territory of a Party to a service consumer of the other Party (consumption abroad);

(ii) by a service supplier of a Party, through commercial presence, in the territory of the other Party (Commercial presence); or

(iv) by a service supplier of a Party, through presence of natural persons of that Party, in the territory of the other Party (presence of natural persons).

(5) "Central administration" means the head office where ultimate decision-making takes place.
(6) The Union understands that the concept of "effective and continuous link" with the economy of a Member State of the Union enshrined in Article 54 of the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU") is equivalent to the concept of "substantive business operations". Accordingly, for a juridical person set up in accordance with the laws of Singapore and having only its registered office or central administration in the territory of Singapore, the Union shall only extend the benefits of this Agreement if that juridical person possesses an effective and continuous economic link with the economy of Singapore.

Section B. CROSS-BORDER SUPPLY OF SERVICES

Article 8.3. Scope

This Section applies to measures of the Parties affecting the cross-border supply of all service sectors except:

(a) audio-visual services;

(b) national maritime cabotage (7); and

(c) domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services; and

(iii) computer reservation system services.

(7) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national mar- itime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State of the Union, including on its continental shelf, as provided in the United Nations Convention on the Law of the Sea (hereinafter referred to as "UNCLOS"), and traffic originating and terminating in the same port or point located in a Member State of the Union.

Article 8.4. Definitions

For the purposes of this Section, "cross-border supply of services" means the supply of a service:

(a) from the territory of a Party into the territory of the other Party; and

(b) in the territory of a Party to a service consumer of the other Party.

Article 8.5. Market Access

1. With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed. and specified in its Schedule of Specific Commitments.

2. In sectors where market access commitments are undertaken, the measures which each Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:

(a) limitations on the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (8);

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

(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (9).

(8) Subparagraph 2(a) includes measures which require a service supplier of the other Party to have an establishment within the meaning of paragraph (d) of Article 8.8 (Definitions) or to be resident in a Party's territory as a condition for the cross-border supply of a service.
(9) This subparagraph does not cover measures of a Party which limit inputs for the supply of services.

Article 8.6. National Treatment

1. In the sectors inscribed in its Schedule of Specific Commitments and subject to any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.

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

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

4. Specific commitments assumed under this Article shall not be construed as requiring a Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article 8.7. Schedule of Specific Commitments

1. The sectors liberalised by a Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to services and service suppliers of the other Party in those sectors are set out in its Schedule of Specific Commitments.

2. Neither Party may adopt new or more discriminatory measures with regard to services or service suppliers of the other Party in relation to the specific commitments undertaken in conformity with paragraph 1.

Section C. ESTABLISHMENT

Article 8.8. Definitions

For the purposes of this Section:

(a) "branch" of a juridical person means a place of business or a juridical person not having distinct legal personality and is the extension of a parent body;

(b) "economic activity" includes any activities of an economic nature, except activities carried out in the exercise of governmental authority, ie., activities not carried out on a commercial basis or in competition with one or more economic operators;

(c) "entrepreneur" means any person of a Party that seeks to perform or performs an economic activity through establishment (10);

(d) "establishment" means:

(i) the constitution, acquisition or maintenance of a juridical person; or

(ii) the creation or maintenance of a branch or representative office,

with a view to establishing or maintaining lasting economic links within the territory of a Party for the purpose of performing an economic activity including, but not limited to, supplying a service; and

(e) subsidiary of a juridical person of a Party means a juridical person which is controlled by another juridical person of that Party, in accordance with its domestic law (11).

(10) Where the economic activity is not performed directly by a juridical person but through other forms of establishment such as a branch or a representative office, the entrepreneur (.c. the juridical person) shall, nonetheless, through such establishment be accorded the treatment provided for entrepreneurs under this Agreement. Such treatment shall be extended to the establishment through which the economic activity is performed and need not be extended to any other parts of the entrepreneur located outside the territory where the economic activity is performed.
(11) For further clarity, a subsidiary of a juridical person of a Party may also refer to a juridical person which is a subsidiary of another subsidiary of a juridical person of that Party.

Article 8.9. Scope

This Section applies to measures adopted or maintained by the Parties affecting establishment in all economic activities with the exception of:

(a) mining, manufacturing and processing (12) of nuclear materials;

(b) production of, or trade in, arms, munitions and war material;

(c) audio-visual services;

(d) national maritime cabotage (13); and

(e) domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services; and

(iii) computer reservation system services.

(12) For greater certainty, processing of nuclear materials includes all the activities contained in the International Standard Industrial Classification of all Economic Activities, as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 4, ISIC REV 3.1, 2002 code 2330.
(13) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State of the Union, including on its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in the same port or point located in a Member State of the Union.

Article 8.10. Market Access

1. With respect to market access through establishment, each Party shall accord establishments and entrepreneurs of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule of Specific Commitments.

2. In sectors where market access commitments are undertaken, the measures which each Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:

(a) limitations on the number of establishments whether in the form of numerical quotas, monopolies, exclusive rights or other establishment requirements such as an economic needs tests;

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

(c) limitations on the total number of operations or on the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test (14);

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

(e) measures which restrict or require specific types of legal entity or joint venture through which an entrepreneur of the other Party may perform an economic activity; and

(f) limitations on the total number of natural persons, other than key personnel and graduate trainees as defined. in Article 8.13 (Scope and Definitions) (15), who may be employed in a particular sector or who an entrepreneur may employ and who are necessary for, and directly related to, the performance of the economic activity in the form of numerical quotas or the requirement of an economic needs test.

(14) Subparagraphs 2(a), 2(b) and 2(c) do not cover measures taken in order to limit the production of an agricultural product.
(15) For greater certainty, measures or limitations relating specifically to key personnel and graduate trainees shall be subject to Article 8.14 (Key Personnel and Graduate Trainees).

Article 8.11. National Treatment

1. In the sectors inscribed in its Schedule of Specific Commitments and. subject to any conditions and qualifications set out therein, with respect to all measures affecting establishment (16), each Party shall accord to establishments and entrepreneurs of the other Party treatment no less favourable than that it accords to its own like establishments and entrepreneurs.

2. A Party may meet the requirement of paragraph 1 by according to establishments and entrepreneurs of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like establishments and entrepreneurs.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of establishments and entrepreneurs of the Party compared to like establishments and entrepreneurs of the other Party.

4.  Specific commitments assumed under this Article shall not be construed to require a Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant establishments or entrepreneurs.

(16) The obligations in this Article apply also to measures governing the composition of boards of directors of an establishment, such as nationality and residency requirements.

Article 8.12. Schedule of Specific Commitments

1. The sectors liberalised by a Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to establishments and entrepreneurs of the other Party in those sectors are set out in the former Party's Schedule of Specific Commitments.

  • Chapter   One OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Definitions of General Application 1
  • Chapter   Two NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A COMMON PROVISIONS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Customs Duty 1
  • Article   2.5 Classification of Goods 1
  • Section   B REDUCTION OR ELIMINATION OF CUSTOMS DUTIES 1
  • Article   2.6 Reduction or Elimination of Customs Duties on Imports 1
  • Article   2.7 Elimination of Customs Duties and Taxes on Exports 1
  • Article   2.8 Standstill 1
  • Section   C NON-TARIFF MEASURES 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Fees and Formalities Connected with Importation and Exportation 1
  • Article   2.11 Import and Export Licensing Procedures 1
  • Article   2.12 State Trading Enterprises 1
  • Article   2.13 Elimination of Sectoral Non-Tariff Measures 1
  • Section   D SPECIFIC EXCEPTIONS RELATED TO GOODS 1
  • Article   2.14 General Exceptions 1
  • Section   E INSTITUTIONAL PROVISIONS 1
  • Article   2.15 Committee on Trade In Goods 1
  • Chapter   THREE TRADE REMEDIES 1
  • Section   A ANTI-DUMPING AND COUNTERVAILING MEASURES 1
  • Article   3.1 General Provisions 1
  • Article   3.2 Transparency and Information Exchange 1
  • Article   3.3 Lesser Duty Rule 1
  • Article   3.4 Consideration of Public Interest 1
  • Article   3.5 Exclusion from Bilateral Dispute Settlement and Mediation Mechanism 1
  • Section   B GLOBAL SAFEGUARD MEASURES 1
  • Article   3.6 General Provisions 1
  • Article   3.7 Transparency 1
  • Article   3.8 Exclusion from Bilateral Dispute Settlement and Mediation Mechanism 1
  • Section   C BILATERAL SAFEGUARD CLAUSE 1
  • Article   3.9 Definitions 1
  • Article   3.10 Application of Bilateral Safeguard Measure 2
  • Article   3.11 Conditions and Limitations 2
  • Article   3.12 Provisional Measures 2
  • Article   3.13 Compensation 2
  • Chapter   FOUR TECHNICAL BARRIERS TO TRADE 2
  • Article   4.1 Objectives 2
  • Article   4.2 Scope and Definitions 2
  • Article   4.3 Affirmation of the TBT Agreement 2
  • Article   4.4 Joint Cooperation 2
  • Article   4.5 Standards 2
  • Article   4.6 Technical Regulations 2
  • Article   4.7 Conformity Assessment Procedures 2
  • Article   4.8 Transparency 2
  • Article   4.9 Market Surveillance 2
  • Article   4.10 Marking and Labelling 2
  • Article   4.11 Contact Points 2
  • Article   4.12 Final Provisions 2
  • Chapter   FIVE SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5.1 Objectives 2
  • Article   5.2 Scope 2
  • Article   5.3 Definitions 2
  • Article   5.4 Rights and Obligations 2
  • Article   5.5 Competent Authorities 2
  • Article   5.6 General Principles 2
  • Article   5.7 Import Requirements 2
  • Article   5.8 Verifications 2
  • Article   5.9 Trade Facilitation 3
  • Article   5.10 Measures Linked to Animal and Plant Health 3
  • Article   5.11 Transparency and Exchange of Information 3
  • Article   5.12 Consultations 3
  • Article   5.13 Emergency Measures 3
  • Article   5.14 Equivalence 3
  • Article   5.15 Committee on Sanitary and Phytosanitary Measures 3
  • Article   5.16 Technical Consultations 3
  • Chapter   SIX CUSTOMS AND TRADE FACILITATION 3
  • Article   6.1 Objectives 3
  • Article   6.2 Principles 3
  • Article   6.3 Customs Cooperation 3
  • Article   6.4 Transit and Transhipment 3
  • Article   6.5 Advance Rulings 3
  • Article   6.6 Simplified Customs Procedure 3
  • Article   6.7 Release of Goods 3
  • Article   6.8 Fees and Charges 3
  • Article   6.9 Customs Brokers 3
  • Article   6.10 Preshipment Inspections 3
  • Article   6.11 Customs Valuations 3
  • Article   6.12 Risk Management 3
  • Article   6.13 Single Window 3
  • Article   6.14 Appeal Procedures 3
  • Article   6.15 Transparency 3
  • Article   6.16 Relations with the Business Community 3
  • Article   6.17 Committee on Customs 3
  • Chapter   SEVEN NON-TARIFF BARRIERS TO TRADE AND INVESTMENT IN RENEWABLE ENERGY GENERATION 3
  • Article   7.1 Objectives 3
  • Article   7.2 Definitions 3
  • Article   7.3 Scope 3
  • Article   7.4 Principles 4
  • Article   7.5 Standards, Technical Regulations and Conformity Assessment 4
  • Article   7.6 Exceptions 4
  • Article   7.7 Implementation and Cooperation 4
  • Chapter   EIGHT SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE 4
  • Section   A GENERAL PROVISIONS 4
  • Article   8.1 Objective and Scope 4
  • Article   8.2 Definitions 4
  • Section   B CROSS-BORDER SUPPLY OF SERVICES 4
  • Article   8.3 Scope 4
  • Article   8.4 Definitions 4
  • Article   8.5 Market Access 4
  • Article   8.6 National Treatment 4
  • Article   8.7 Schedule of Specific Commitments 4
  • Section   C ESTABLISHMENT 4
  • Article   8.8 Definitions 4
  • Article   8.9 Scope 4
  • Article   8.10 Market Access 4
  • Article   8.11 National Treatment 4
  • Article   8.12 Schedule of Specific Commitments 4
  • Section   D TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 5
  • Article   8.13 Scope and Definitions 5
  • Article   8.14 Key Personnel and Graduate Trainees 5
  • Article   8.15 Business Services Sellers 5
  • Section   E REGULATORY FRAMEWORK 5
  • Subsection   1 PROVISIONS OF GENERAL APPLICATION 5
  • Article   8.16 Mutual Recognition of Professional Qualifications 5
  • Article   8.17 Transparency 5
  • Subsection   2 DOMESTIC REGULATION 5
  • Article   8.18 Scope and Definitions 5
  • Article   8.19 Conditions for Licensing and Qualification 5
  • Article   8.20 Licensing and Qualification Procedures 5
  • Subsection   3 COMPUTER SERVICES 5
  • Article   8.21 Computer Services 5
  • Subsection   4 POSTAL SERVICES 5
  • Article   8.22 Prevention of Anti-Competitive Practices in the Postal Sector  (25) 5
  • Article   8.23 Independence of Regulatory Bodies 5
  • Subsection   5 TELECOMMUNICATIONS SERVICES 5
  • Article   8.24 Scope 5
  • Article   8.25 Definitions 5
  • Article   8.26 Access to and Use of Public Telecommunications Networks and Services 5
  • Article   8.27 Confidentiality of Information 5
  • Article   8.28 Interconnection  (27) 5
  • Article   8.29 Interconnection with Major Suppliers 5
  • Article   8.30 Conduct of Major Suppliers 5
  • Article   8.31 Competitive Safeguards on Major Suppliers 5
  • Article   8.32 Unbundled Network Elements 5
  • Article   8.33 Co-location 6
  • Article   8.34 Resale 6
  • Article   8.35 Facility Sharing 6
  • Article   8.36 Provisioning of Leased Circuits Services 6
  • Article   8.37 Number Portability 6
  • Article   8.38 Submarine Cable Landing Stations 6
  • Article   8.39 Independent Regulatory Authority 6
  • Article   8.40 Universal Services 6
  • Article   8.41 Authorisation to Provide Telecommunications Services 6
  • Article   8.42 Allocation and Use of Scarce Resources 6
  • Article   8.43 Enforcement 6
  • Article   8.44 Resolution of Telecommunications Disputes 6
  • Article   8.45 Transparency 6
  • Article   8.46 Flexibility in the Choice of Technologies 6
  • Article   8.47 Relationship to other Sub-Sections, Sections and Chapters 6
  • Article   8.48 Cooperation 6
  • Subsection   6 FINANCIAL SERVICES 6
  • Article   8.49 Scope and Definitions 6
  • Article   8.50 Prudential Carve-out 6
  • Article   8.51 Self-regulatory Organisations 6
  • Article   8.52 Payment and Clearing Systems 6
  • Article   8.53 New Financial Services 6
  • Article   8.54 Data Processing 6
  • Article   8.55 Specific Exceptions 6
  • Subsection   7 INTERNATIONAL MARITIME TRANSPORT SERVICES 6
  • Article   8.56 Scope, Definitions and Principles 6
  • Section   F ELECTRONIC COMMERCE 7
  • Article   8.57 Objectives 7
  • Article   8.58 Customs Duties 7
  • Article   8.59 Electronic Supply of Services 7
  • Article   8.60 Electronic Signatures 7
  • Article   8.61 Regulatory Cooperation on Electronic Commerce 7
  • Section   G GENERAL PROVISIONS 7
  • Article   8.62 General Exceptions 7
  • Article   8.63 Review 7
  • Article   8.64 Committee on Trade In Services, Investment and Government Procurement 7
  • Chapter   NINE GOVERNMENT PROCUREMENT 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope and Coverage Application of this Chapter 7
  • Article   9.3 Security and General Exceptions 7
  • Article   9.4 General Principles 7
  • Article   9.5 Information on the Procurement System 8
  • Article   9.6 Notices Notice of Intended Procurement 8
  • Article   9.7 Conditions for Participation 8
  • Article   9.8 Qualification of Suppliers Registration Systems and Qualification Procedures 8
  • Article   9.9 Technical Specifications and Tender Documentation Technical Specifications 8
  • Article   9.10 Time Periods General 8
  • Article   9.11 Negotiations 8
  • Article   9.12 Limited Tendering 9
  • Article   9.13 Electronic Auctions 9
  • Article   9.14 Treatment of Tenders and Awarding of Contracts Treatment of Tenders 9
  • Article   9.15 Transparency of Procurement InformationInformation Provided to Suppliers 9
  • Article   9.16 Disclosure of Information Provision of Information to Parties 9
  • Article   9.17 Domestic Review Procedures 9
  • Article   9.18 Modification and Rectification of Coverage Notification of Proposed Modification 9
  • Article   9.19 Responsibilities of the Committee 9
  • Article   9.20 Adjustment to GPA provisions 9
  • Chapter   TEN INTELLECTUAL PROPERTY 9
  • Article   10.1 Objectives 9
  • Section   A PRINCIPLES 9
  • Article   10.2 Scope and Definitions 9
  • Article   10.3 Exhaustion 9
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 9
  • Subsection   A COPYRIGHT AND RELATED RIGHTS 9
  • Article   10.4 Protection Granted 9
  • Article   10.5 Term of Protection 9
  • Article   10.6 Producers of Phonograms 10
  • Article   10.7 Resale Rights 10
  • Article   10.8 Cooperation on Collective Management of Rights 10
  • Article   10.9 Protection of Technological Measures 10
  • Article   10.10 Protection of Rights Management Information 10
  • Article   10.11 Exceptions and Limitations 10
  • Subsection   B TRADEMARKS 10
  • Article   10.12 International Agreements 10
  • Article   10.13 Registration Procedure 10
  • Article   10.14 Well-Known Trademarks 10
  • Article   10.15 Exceptions to the Rights Conferred by a Trademark Each Party: 10
  • Subsection   C GEOGRAPHICAL INDICATIONS  (47) 10
  • Article   10.16 Scope 10
  • Article   10.17 System of Protection of Geographical Indications 10
  • Article   10.18 Amendment of List of Geographical Indications 10
  • Article   10.19 Scope of Protection of Geographical Indications 10
  • Article   10.20 Right of Use of Geographical Indications 10
  • Article   10.21 Relationship with Trademarks 10
  • Article   10.22 General Rules 10
  • Article   10.23 Relation to Trade Committee 10
  • Subsection   D DESIGNS 10
  • Article   10.24 Requirements for Protection of Registered Designs  (53) 10
  • Article   10.25 Rights Conferred by Registration 10
  • Article   10.26 Term of Protection 10
  • Article   10.27 Exceptions 10
  • Article   10.28 Relationship to Copyright 10
  • Subsection   E PATENTS 10
  • Article   10.29 International Agreements 10
  • Article   10.30 Patents and Public Health 10
  • Article   10.31 Extension of the Duration of the Rights Conferred by a Patent 10
  • Article   10.32 Cooperation 10
  • Subsection   F PROTECTION OF TEST DATA 11
  • Article   10.33 Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market 11
  • Article   10.34 Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put an Agricultural Chemical Product on the Market  (64) 11
  • Subsection   G PLANT VARIETIES 11
  • Article   10.35 International Agreements 11
  • Section   C CIVIL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 11
  • Article   10.36 General Obligations 11
  • Article   10.37 Publication of Judicial Decisions 11
  • Article   10.38 Availability of Civil Measures, Procedures and Remedies 11
  • Article   10.39 Measures for Preserving Evidence 11
  • Article   10.40 Evidence and Right of Information 11
  • Article   10.41 Other Remedies 11
  • Article   10.42 Injunctions 11
  • Article   10.43 Alternative Measures 11
  • Article   10.44 Damages 11
  • Article   10.45 Legal Costs 11
  • Article   10.46 Presumptions Relating to Copyright and Related Rights 11
  • Article   10.47 Liability of Intermediary Service Providers 11
  • Section   D BORDER MEASURES 11
  • Article   10.48 Definitions 11
  • Article   10.49 Scope of Border Measures 11
  • Article   10.50 Identification of Shipments 11
  • Article   10.51 Cooperation 11
  • Section   E COOPERATION 11
  • Article   10.52 Cooperation 11
  • Chapter   ELEVEN COMPETITION AND RELATED MATTERS 11
  • Section   A ANTI-COMPETITIVE CONDUCT AND MERGERS 11
  • Article   11.1 Principles 11
  • Article   11.2 Implementation 11
  • Section   B PUBLIC UNDERTAKINGS, UNDERTAKINGS ENTRUSTED WITH SPECIAL OR EXCLUSIVE RIGHTS AND STATE MONOPOLIES 11
  • Article   11.3 Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights 11
  • Article   11.4 State Monopolies 11
  • Section   C SUBSIDIES 11
  • Article   11.5 Definition and Scope 11
  • Article   11.6 Relationship with the WTO 12
  • Article   11.7 Prohibited Subsidies 12
  • Article   11.8 Other Subsidies 12
  • Article   11.9 Transparency 12
  • Article   11.10 Review Clause 12
  • Section   D GENERAL MATTERS 12
  • Article   11.11 Cooperation and Coordination in Law Enforcement 12
  • Article   11.12 Confidentiality 12
  • Article   11.13 Consultation 12
  • Article   11.14 Dispute Settlement and Mediation Mechanism 12
  • Chapter   TWELVE TRADE AND SUSTAINABLE DEVELOPMENT 12
  • Section   A INTRODUCTORY PROVISIONS 12
  • Article   12.1 Context and Objectives 12
  • Article   12.2 Right to Regulate and Levels of Protection 12
  • Section   B TRADE AND SUSTAINABLE DEVELOPMENT - LABOUR ASPECTS (76) 12
  • Article   12.3 Multilateral Labour Standards and Agreements 12
  • Article   12.4 Labour Cooperation in the Context of Trade and Sustainable Development 12
  • Article   12.5 Scientific Information 12
  • Section   C TRADE AND SUSTAINABLE DEVELOPMENT - ENVIRONMENTAL ASPECTS 12
  • Article   12.6 Multilateral Environmental Standards and Agreements 12
  • Article   12.7 Trade in Timber and Timber Products 12
  • Article   12.8 Trade in Fish Products 12
  • Article   12.9 Scientific Information 12
  • Article   12.10 Cooperation on Environmental Aspects in the Context of Trade and Sustainable Development 12
  • Section   D GENERAL PROVISIONS 12
  • Article   12.11 Trade and Investment Promoting Sustainable Development 12
  • Article   12.12 Upholding Levels of Protection 12
  • Article   12.13 Transparency 12
  • Article   12.14 Review of Impact on Sustainable Development 12
  • Article   12.15 Institutional Set up and Monitoring Mechanism 12
  • Article   12.16 Government Consultations 12
  • Article   12.17 Panel of Experts 12
  • Chapter   THIRTEEN TRANSPARENCY 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives and Scope 12
  • Article   13.3 Publication regarding Measures of General Application 12
  • Article   13.4 Enquiries and Contact Points 13
  • Article   13.5 Administrative Proceedings 13
  • Article   13.6 Review of Administrative Actions 13
  • Article   13.7 Regulatory Quality and Performance and Good Administrative Behaviour 13
  • Article   13.8 Specific Rules 13
  • Chapter   FOURTEEN DISPUTE SETTLEMENT 13
  • Section   A OBJECTIVE AND SCOPE 13
  • Article   14.1 Objective 13
  • Article   14.2 Scope 13
  • Section   B CONSULTATIONS 13
  • Article   14.3 Consultations 13
  • Section   C DISPUTE SETTLEMENT PROCEDURES 13
  • Subsection   A ARBITRATION PROCEDURES 13
  • Article   14.4 Initiation of Arbitration Procedure 13
  • Article   14.5 Establishment of the Arbitration Panel 13
  • Article   14.6 Preliminary Ruling on Urgency 13
  • Article   14.7 Interim Panel Report 13
  • Article   14.8 Arbitration Panel Ruling 13
  • Subsection   B COMPLIANCE 13
  • Article   14.9 Compliance with the Arbitration Panel Ruling 13
  • Article   14.10 Reasonable Period of Time for Compliance 13
  • Article   14.11 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 13
  • Article   14.12 Temporary Remedies in Case of Non-compliance 13
  • Article   14.13 Review of Any Measure Taken to Comply After the Suspension of Obligations 13
  • Subsection   C COMMON PROVISIONS 13
  • Article   14.14 Suspension and Termination of Arbitration Procedures 13
  • Article   14.15 Mutually Agreed Solution 13
  • Article   14.16 Rules of Procedure 13
  • Article   14.17 Submission of Information 13
  • Article   14.18 Rules of Interpretation 13
  • Article   14.19 Arbitration Panel Decisions and Rulings 13
  • Section   D GENERAL PROVISIONS 13
  • Article   14.20 Lists of Arbitrators 13
  • Article   14.21 Relation with WTO Obligations 13
  • Article   14.22 Time Limits 13
  • Article   14.23 Review and Modification of the Chapter 13
  • Chapter   FIFTEEN MEDIATION MECHANISM 13
  • Article   15.1 Objective and Scope 13
  • Section   A PROCEDURE UNDER THE MEDIATION MECHANISM 13
  • Article   15.2 Request for Information 13
  • Article   15.3 Initiation of the Procedure 13
  • Article   15.4 Selection of the Mediator 13
  • Article   15.5 Rules of the Mediation Procedure 14
  • Section   B IMPLEMENTATION 14
  • Article   15.6 Implementation of a Mutually Agreed Solution 14
  • Section   C GENERAL PROVISIONS 14
  • Article   15.7 Relationship to Dispute Settlement 14
  • Article   15.8 Time Limits 14
  • Article   15.9 Costs 14
  • Article   15.10 Review 14
  • Chapter   SIXTEEN INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 14
  • Article   16.1 Trade Committee 14
  • Article   16.2 Specialised Committees 14
  • Article   16.3 Evolving WTO Law 14
  • Article   16.4 Decision-making 14
  • Article   16.5 Amendments 14
  • Article   16.6 Taxation 14
  • Article   16.7 Current Account and Capital Movements 14
  • Article   16.8 Sovereign Wealth Funds 14
  • Article   16.9 Restrictions to Safeguard the Balance of Payments 14
  • Article   16.10 Temporary Safeguard Measures on Capital Movements and Payments 14
  • Article   16.11 Security Exceptions 14
  • Article   16.12 Disclosure of Information 14
  • Article   16.13 Entry Into Force 14
  • Article   16.14 Duration 14
  • Article   16.15 Fulfilment of Obligations 14
  • Article   16.16 No Direct Effect 14
  • Article   16.17 Annexes, Appendices, Joint Declarations, Protocols and Understandings 14
  • Article   16.18 Relations with other Agreements 14
  • Article   16.19 Future Accessions to the Union 14
  • Article   16.20 Territorial Application 14
  • Article   16.21 Authentic Texts 14