1. Within 10 days after the appointment of the mediator, the Party having invoked the mediation procedure shall present to the mediator and to the other Party a detailed written description of the problem, describing in particular the operation of the measure at issue and its adverse effects on trade and investment. Within 20 days of the date of delivery of that submission, the other Party may provide its written comments on the description of the problem. Either Party may include any information that it deems relevant in its description of the problem or its comments thereon.
2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible adverse effects on trade and investment. In particular, the mediator may organise meetings between the Parties, may consult the Parties jointly or individually, may seek the assistance of or consult with relevant experts and stakeholders, and may provide any additional support requested by the Parties. However, before seeking the assistance of or consult- ing with relevant experts and stakeholders, the mediator shall consult with the Parties.
3. The mediator may offer advice and may propose a solution for the consideration of the Parties, who may accept or reject the proposed solution or may agree on a different solution. However, the mediator shall not advise or give comments on whether the measure at issue is consistent with this Agreement.
4. The mediation procedure shall take place in the territory of the Party to which the request was addressed or, by mutual agreement, at any other location or by any other means.
5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.
6. The solution may be adopted by means of a decision of the Trade Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a Party has designated as confidential.
7. The mediation procedure shall be terminated:
(a) by the adoption of a mutually agreed solution by the Parties, in which case the mediation procedure shall terminate on the date of adoption;
(b) by the mutual agreement of the Parties at any stage of the mediation procedure, in which case the mediation procedure shall terminate on the date of that agreement;
(c) by the written declaration of the mediator, after having consulted with the Parties, that further efforts at mediation would be to no avail, in which case the mediation procedure shall terminate on the date of such declaration; or
(d) by the written declaration of either Party after having explored mutually agreed solutions under the mediation pro- cedure and after having considered any advice and proposed solutions by the mediator, in which case the mediation procedure shall terminate on the date of that declaration.
Section B. IMPLEMENTATION
Article 15.6. Implementation of a Mutually Agreed Solution
1. Where the Parties have agreed to a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.
2. The implementing Party shall inform the other Party in writing of any steps or measures taken to implement the mutually agreed solution.
3. At the request of the Parties, the mediator shall issue to the Parties a draft written factual report, which shall provide a brief summary of:
(i) the measure at issue in these proceedings;
(ii) the procedures followed; and
(iii) any mutually agreed solution reached as the final outcome of these proceedings, including possible interim solutions. The mediator shall provide the Parties 15 days to comment on the draft report. After considering the comments of the Parties submitted within that period, the mediator shall submit a final written factual report to the Parties within 15 days. The final written factual report shall not include any interpretation of this Agreement.
Section C. GENERAL PROVISIONS
Article 15.7. Relationship to Dispute Settlement
1. The mediation procedure is without prejudice to the Parties' rights and obligations under Chapter Fourteen (Dispute Settlement).
2. The mediation procedure is not intended to serve as a basis for dispute settlement procedures under this Agreement or any other agreement. A Party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall an arbitration panel take into consideration:
(a) positions taken by a Party in the course of the mediation procedure;
(b) the fact that a Party has indicated its willingness to accept a solution to the measure subject to mediation; or
(c) advice given or proposals made by the mediator.
3. Without prejudice to paragraph 6 of Article 15.5 (Rules of the Mediation Procedure), and unless the Parties agree otherwise, all steps of the mediation procedure, including any advice that may be given or solution that may be pro-posed, are confidential. However, each Party may disclose to the public the fact that mediation is taking place.
Article 15.8. Time Limits
Any time limit referred to in this Chapter may be modified by mutual agreement between the Parties.
Article 15.9. Costs
1. Each Party shall bear its own expenses arising from the participation in the mediation procedure.
2. The Parties shall share equally the expenses that arise from organisational matters, including the remuneration and expenses of the mediator. Remuneration of the mediator shall be in accordance with that provided for in Rule 10(b) of Annex 14-A.
Article 15.10. Review
Five years after the date of entry into force of this Agreement, the Parties shall consult each other on the need to modify the mediation procedure in light of their experience of using the mediation procedure and in light of the development of a corresponding mechanism in the WTO.
Chapter SIXTEEN. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 16.1. Trade Committee
1. The Parties hereby establish a Trade Committee, which shall comprise representatives of the Parties.
2. The Trade Committee shall meet alternately in the Union or Singapore every two years or without undue delay at the request of either Party. The Trade Committee shall be co-chaired by the Member of the European Commission responsible for Trade and the Minister for Trade and Industry of Singapore, or their respective delegates. The Trade Committee shall agree on its meeting schedule and shall set its agenda.
3. The Trade Committee shall:
(a) ensure that this Agreement operates properly;
(b) supervise and facilitate the implementation and application of this Agreement, and shall further its general aims;
(c) supervise the work of all specialised committees, working groups and other bodies established under this Agreement;
(d) consider ways to further enhance trade relations between the Parties;
(e) without prejudice to Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism), seek to solve problems which might arise in areas covered by this Agreement, or to resolve disputes that may arise regarding the interpretation or application of this Agreement; and
(f) consider any other matter of interest relating to an area covered by this Agreement.
4. The Trade Committee may:
(a) decide to establish or dissolve specialised committees, or to allocate responsibilities to such committees, except that powers granted to specialised committees to adopt legally binding decisions or adopt amendments can only be modified pursuant to the procedure for amendments set out in Article 16.5 (Amendments);
(b) communicate with all interested parties, including private sector and civil society organisations;
(c) consider amendments to this Agreement, or amend provisions of this Agreement in cases specifically provided for in this Agreement;
(d) adopt interpretations of the provisions of this Agreement, which shall be binding on the Parties and on all bodies set up under this Agreement, including the arbitration panels referred to in Chapter Fourteen (Dispute Settlement);
(e) adopt decisions or make recommendations as envisaged by this Agreement; () adopt its own rules of procedure; and (g) take any other action in the exercise of its functions as the Parties may agree.
5. The Trade Committee shall inform the Joint Committee set up under the Partnership and Cooperation Agreement of the activities of the Trade Committee and those of its specialised committees, as relevant, at regular meetings of the Joint Committee.
6. Recognising the importance of transparency and openness, the Parties affirm their respective practices of considering the views of members of the public in order to draw on a broad range of perspectives in the implementation of this Agreement.
Article 16.2. Specialised Committees
1. The following specialised committees are hereby established under the auspices of the Trade Committee:
(a) the Committee on Trade in Goods;
(b) the Committee on Sanitary and Phytosanitary Measures (the "SPS Committee");
(c) the Committee on Customs; and
(d) the Committee on Trade in Services, Investment and Government Procurement.
2. The composition, remit, tasks and, as the case may be, functioning of the specialised committees, shall be as defined in the relevant provisions of this Agreement or by the Trade Committee.
3. Unless otherwise provided for in this Agreement, the specialised committees shall normally meet at an appropriate level, alternately in the Union or Singapore, every two years or without undue delay at the request of either Party or the Trade Committee. They shall be co-chaired by representatives of the Parties. The specialised committees shall agree on their meeting schedule and set their agenda.
4. The specialised committees shall inform the Trade Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Trade Committee on their activities at each regular meeting of the Trade Committee. The creation or existence of a specialised committee shall not prevent a Party from bringing any matter directly to the Trade Committee.
Article 16.3. Evolving WTO Law
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other, via the Trade Committee, with a view to finding a mutually satisfactory solution, where necessary. As a result of such a review, the Parties may, by decision in the Trade Committee, amend this Agreement accordingly.
Article 16.4. Decision-making
1. The Parties may take decisions in the Trade Committee or in a specialised committee, where provided for in this Agreement. The decisions taken in such a committee shall be binding on the Parties, which shall take the measures necessary to implement those decisions.
2. The Trade Committee and specialised committees may make appropriate recommendations, where provided for in this Agreement.
3. The Trade Committee and specialised committees shall draw up their decisions and recommendations by agreement between the Parties.
Article 16.5. Amendments
1. The Parties may agree to amend this Agreement. Amendments to this Agreement shall enter into force after the Parties have exchanged written notifications certifying that they have completed their respective applicable legal requirements and procedures, as set out in the instrument of amendment.
2. Notwithstanding paragraph 1, the Parties may, in the Trade Committee or a specialised committee, adopt a decision amending this Agreement, where provided for in this Agreement.
Article 16.6. Taxation
1. This Agreement shall only apply to taxation measures insofar as such application is necessary to give effect to the provisions of this Agreement.
2. Nothing in this Agreement shall affect the rights and obligations of the Union or any of its Member States, or the rights and obligations of Singapore, under any tax agreement between the Union and Singapore or between any of the Member States of the Union and Singapore. In the event of any inconsistency between this Agreement and any such agreement, that agreement shall prevail to the extent of the inconsistency. In the case of a tax agreement between the Union and Singapore or between any of the Member States of the Union and Singapore, the competent authorities under that agreement shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that agreement.
3. Nothing in this Agreement shall prevent either Party from adopting or maintaining any taxation measure which differentiates between taxpayers based on rational criteria, such as whether taxpayers are in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested (79).
4. Nothing in this Agreement shall prevent the adoption or maintenance of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements for the avoidance of double taxation or other tax arrangements or domestic fiscal legislation.
5. (a) Nothing in this Agreement shall prevent Singapore from adopting or maintaining taxation measures which are needed to protect Singapore's overriding public policy interests arising out of its specific constraints of space.
(b) Singapore will notify the Union immediately upon taking such measures, which will be, without delay, the object of consultations in the Trade Committee, with a view to reaching a mutual understanding.
(c) Where such measures affect the overall balance of commitments agreed between the Parties in this Agreement, the Parties may, by decision in the Trade Committee, alter the Parties' schedules of specific commitments on account of such measures.
Article 16.7. Current Account and Capital Movements
1. The Parties shall authorise, in accordance with the provisions of Article VII of the Articles of Agreement of the International Monetary Fund, any payments and transfers in freely convertible currency (80) on the current account of the balance-of-payments between the Parties with regard to the transactions which fall within the scope of this Agreement.
2. The Parties shall consult each other with a view to facilitating the movement of capital between them within the scope of this Agreement, in particular the progressive liberalisation of the capital and financial account, with the aim of supporting a stable and secure framework for long term investment.
Article 16.8. Sovereign Wealth Funds
Each Party shall encourage its sovereign wealth funds to respect the Generally Accepted Principles and Practices' Santiago Principles.
Article 16.9. Restrictions to Safeguard the Balance of Payments
1. Where a Party is in serious balance-of-payments and external financial difficulties, or is under threat thereof, it may adopt or maintain restrictive measures with regard to capital movements, payments or transfers in relation to trade in goods, services and establishment.
2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1. Any restrictive measures adopted or maintained under this Article shall be non-discriminatory, shall be of a limited duration, and shall not go beyond what is necessary to remedy the balance-of-payments and external financial difficulties. Such measures shall be in accordance with the conditions established in the WTO Agreement and shall be consistent with the Articles of Agreement of the International Monetary Fund, as applicable.
3. A Party that maintains or has adopted restrictive measures, or that adopts any changes to such measures, shall promptly notify the other Party thereof.
4. Where restrictions are adopted or maintained, consultations shall be held promptly in the Trade Committee. Such consultations shall assess the balance-of-payments situation of the Party concerned and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:
(a) the nature and extent of the balance-of-payments and external financial difficulties;
(b) the external economic and trading environment; or
(c) alternative corrective measures which may be available.
The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2. All findings of statistical and other facts presented by the IMF in relation to foreign exchange, monetary reserves or balance of payments shall be accepted, and the conclusions of the Trade Committee shall be based on the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.
Article 16.10. Temporary Safeguard Measures on Capital Movements and Payments
1. Where, in exceptional circumstances, a Party faces serious difficulties, or the threat thereof, for the operation of that Party's economic and monetary policy or exchange rate policy, that Party may temporarily impose safeguard measures with regard to capital movements, payments or transfers. Such measures shall be strictly necessary, shall not exceed in any case a period of six months (81), and shall not constitute a means of arbitrary or unjustified discrimination between a Party and a non-Party in like situations.
2. The Party adopting the safeguard measures shall inform the other Party forthwith, and, as soon as possible, shall present a time schedule for their removal.
Article 16.11. Security Exceptions
Nothing in this Agreement shall be construed. to:
(a) require either Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
(b) prevent either Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) connected with the production of or trade in arms, munitions and war materials, and related to traffic in other goods and materials and to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
(ii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;
(iii) relating to fissionable or fusionable materials, or to the materials from which they are derived; or
(iv) taken in time of war or other emergency in international relations, or to protect critical public infrastructure (this relates to communications, power or water infrastructure providing essential goods or services to the general public) from deliberate attempts to disable or disrupt it;
(c) prevent either Party from taking any action for the purpose of maintaining international peace and security.
Article 16.12. Disclosure of Information
1. Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, would otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises, whether public or private.
2. Where a Party submits information to the Trade Committee or to specialised committees which is considered as confidential under its laws and regulations, the other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.
Article 16.13. Entry Into Force
1. This Agreement shall be approved by the Parties in accordance with their own procedures.
2. This Agreement shall enter into force on the first day of the second month following that in which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement. The Parties may agree on another date.
3. Notifications shall be sent to the Secretary General of the Council of the European Union and to the Director, North America and Europe Division, Singapore Ministry of Trade and Industry, or their respective successors.
Article 16.14. Duration
1. This Agreement shall be valid indefinitely.
2. A Party may notify in writing the other Party of its intention to terminate this Agreement.
3. This Agreement shall be terminated six months after the notification under paragraph 2.
4. Within 30 days of the delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than that provided for under paragraph 3. Such consultations shall commence within 30 days of a Partyâs delivery of such request.
Article 16.15. Fulfilment of Obligations
The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.
Article 16.16. No Direct Effect
For greater certainty, nothing in this Agreement shall be construed as conferring rights or imposing obligations on any persons, other than those rights and obligations created between the Parties under public international law.
Article 16.17. Annexes, Appendices, Joint Declarations, Protocols and Understandings
The Annexes, Appendices, Joint Declarations, Protocols and Understandings to this Agreement shall form an integral part thereof.
Article 16.18. Relations with other Agreements
1. This Agreement shall be an integral part of the overall relations between the Union and its Member States, of the one part, and Singapore, of the other part, as governed by the Partnership and Cooperation Agreement, and shall form part of a common institutional framework. It constitutes a specific agreement giving effect to the trade provisions of the Partnership and Cooperation Agreement.
2. For greater certainty, the Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the WTO Agreement.
Article 16.19. Future Accessions to the Union
1. The Union shall notify Singapore without undue delay of any request for accession of a third country to the Union.
2. During the negotiations between the Union and a candidate country seeking accession, the Union shall endeavour to:
(a) to the extent possible, provide to Singapore any information that Singapore requests regarding any matter covered by this Agreement; and
(b) take into account any concerns expressed by Singapore.
3. The Union shall inform Singapore as soon as feasible about the outcome of accession negotiations with a candidate country, and shall notify Singapore of the entry into force of any accession to the Union.
4. In the context of the Trade Committee, and sufficiently in advance to the date of accession of a third country to the Union, the Parties shall examine possible effects of such accession on this Agreement. The Parties may, by decision in the Trade Committee, put in place any necessary adjustments or transition arrangements.
Article 16.20. Territorial Application
1. This Agreement shall apply:
(a) with respect to the Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply, under the conditions laid down in those Treaties; and
(b) with respect to Singapore, to its territory.
References to "territory" in this Agreement shall be understood in this sense, except as otherwise expressly provided.
2. As regards those provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the Union customs territory not covered by subparagraph 1 (a).
Article 16.21. Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
Conclusion
Done at Brussels on the nineteenth day of October in the year two thousand and eighteen.
For the European Union
For the Republic of Singapore