(b) facilitate bilateral trade in food, plants and animals, and products thereof, while protecting human, animal or plant life or health in the territory of each Party;
(c) increase mutual understanding of each Party's regulations and procedures relating to the implementation of sanitary and phytosanitary measures;
(d) improve the communication and cooperation on sanitary and phytosanitary issues; and
(e) provide the means to resolve sanitary and phytosanitary issues arising from the implementation of this Agreement.
Article 6.3. Scope and Coverage
This Chapter applies to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
Article 6.4. General Provisions
1. The Parties affirm their rights and obligations with respect to each other under the SPS Agreement.
2. The Parties shall cooperate in relevant international standards setting bodies recognized by the SPS Agreement.
Article 6.5. Consultations on Sanitary and Phytosanitary Measures
1. Upon the request of a Party for consultations on a matter arising under this Chapter, the Parties shall agree to enter into consultation process through the contact point established in Article 6.7.
2. Consultations will be carried out within 60 days after the receipt of the request, unless mutually agreed by the Parties. Such consultations may be conducted via teleconferencing, videoconferencing, or any other means mutually agreed by the Parties.
3. Through consultations and cooperation, both Parties shall make an effort to find a mutually satisfactory solution. If the Parties fail to resolve sanitary and phytosanitary issues arising from the implementation of this Agreement through the consultations pursuant to this Article, such consultations will replace those provided for in Article 12.3 (Consultations).
Article 6.6. Committee on Sanitary and Phytosanitary Measures
1. The Parties hereby agree that the Committee on Sanitary and Phytosanitary Measures hereafter referred as Committee, shall be established in a period not later than one year after the date of entry into force of this Agreement through an exchange of letters, with the objective of ensuring the implementation of this Chapter.
2. The Committee shall be comprised of representatives of each Party who have responsibility for sanitary and phytosanitary measures.
3. The Committee shall seek to enhance cooperation between the Parties' agencies with responsibility for sanitary and phytosanitary measures.
4. The Committee shall provide a forum for:
(a) enhancing mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;
(b) discussing and addressing matters related to the development, application or implementation of sanitary and phytosanitary measures that affect, or may affect, trade between the Parties;
(c) reviewing progress and try to find a solution for issues on sanitary and phytosanitary measures affecting trade between both Parties;
(d) consulting on issues, relating to the meetings of the WTO SPS Committee, Codex Alimentarius Commission (Codex), the World Organisation for Animal Health (OIE) and the International Plant Protection Convention (IPPC);
(e) coordinating technical cooperation programs on sanitary and phytosanitary measures; and
(f) improving bilateral understanding related to specific implementation issues concerning the SPS Agreement.
5. The Committee shall meet annually unless the Parties otherwise agree.
6. The Committee shall establish its own rules of procedures during its first meeting to guide its operations which may be revised or further developed.
7. Each Party shall ensure that appropriate representatives with responsibility for the development, implementation, and enforcement of sanitary and phytosanitary measures participate in meetings of the Committee. Each Party shall inform each other of the agencies and ministries responsible for all sanitary and phytosanitary measures.
8. The Committee may agree to establish ad hoc technical working groups in accordance with the Committee's rules of procedures.
Article 6.7. Competent Authorities and Contact Points
1. The competent authorities responsible for the implementation of the measures referred to in this Chapter are listed in Annex 6-A.
2. The contact points that have the responsibility relating to communication between the Parties are set out in Annex 6-B.
3. The Parties shall inform each other of any significant changes in the structure, organization and division of the competency of its competent authorities or contact points.
Chapter 7. Technical Regulations, Standards and Conformity Assessment Procedures
Article 7.1. Definitions
For the purposes of this Chapter:
TBT Agreement means the WTO Agreement on Technical Barriers to Trade, contained in Annex 1A of the WTO Agreement; and
technical regulation, standard and conformity assessment procedures shall have the meanings assigned to those terms in Annex 1 of the TBT Agreement.
Article 7.2. Objectives
The objectives of this Chapter are to increase and facilitate trade through the improvement of the implementation of the TBT Agreement, the elimination of unnecessary technical barriers to trade and the enhancement of bilateral cooperation.
Article 7.3. Scope and Coverage
1. Except as provided in paragraphs 2 and 3, this Chapter applies to all standards, technical regulations, and conformity assessment procedures, as defined in the TBT Agreement that may, directly or indirectly, affect trade in goods between the Parties.
2. Technical specifications prepared by governmental bodies for production or consumption requirements of such bodies are not subject to the provisions of this Chapter.
3. This Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A, paragraph 1 of the SPS Agreement, which are covered in Chapter 6 (Sanitary and Phytosanitary Measures).
4. Nothing in this Chapter shall limit the right of a Party to prepare, adopt and apply technical regulations and standards, to the extent necessary, in accordance with its rights and obligations under the TBT Agreement, necessary to fulfill a legitimate objective taking into account the risks non-fulfillment would create.
Article 7.4. Reaffirmation of TBT Agreement
The Parties reaffirm their rights and obligations under the TBT Agreement.
Article 7.5. International Standards
1. Each Party shall use relevant international standards, to the extent provided in Article 2.4 of the TBT Agreement, as a basis for its technical regulations.
2. In this respect, the Parties shall apply the principles set out in the "Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/Rev.9, 8th September 2008", Annex B Part 1("Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement"), issued by the WTO Committee on Technical Barriers to Trade.
Article 7.6. Trade Facilitation
The Parties should work cooperatively in the fields of standards, technical regulations and conformity assessment procedures with a view to facilitating trade between the Parties, in particular, to identify bilateral initiatives regarding standards, technical regulations and conformity assessment procedures that are appropriate for particular issues or sectors. Such initiatives may include:
(a) cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards;
(b) alignment with international standards;
(c) reliance on a supplier's declaration of conformity; and
(d) use of accreditation to qualify conformity assessment bodies, as well as cooperation through recognition of conformity assessment procedures.
Article 7.7. Technical Regulations
1. Each Party shall give positive consideration to accepting as equivalent, technical regulations of the other Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfill the objectives of its regulations.
2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it may, upon the request of the other Party, explain its reasons, as far as possible.
Article 7.8. Conformity Assessment Procedures
1. The Parties recognize that a broad range of mechanisms exist to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For example:
(a) conformity assessment bodies located in each Party's territory may enter into voluntary arrangements to accept the results of each other's conformity assessment procedures;
(b) a Party may agree with the other Party to accept the results of conformity assessment procedures conducted by bodies located in the other Party's territory with respect to specific technical regulations;
(c) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party; and
(d) a Party may designate conformity assessment bodies located in the territory of the other Party to carry out conformity assessment activities. The Parties shall exchange information on these and other similar mechanisms with a view to facilitating acceptance of conformity assessment results.
2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it may, upon request of that other Party, explain the reasons for its decision, as far as possible.
3. Each Party shall accredit, approve or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves or otherwise recognizes a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, upon request of the other Party, explain the reasons for its decision.
4. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, it shall, upon request of that other Party, explain the reasons for its decision.
Article 7.9. Technical Cooperation
With a view to fulfilling the objectives of this Chapter, a Party shall, upon the request of the other Party and where possible, cooperate towards:
(a) exchanging legislation, regulations, rules and other information and periodicals published by the national bodies responsible for technical regulations, standards, conformity assessment procedures, including accreditation;
(b) exchanging general information and publications on conformity assessment activities, including certification, designation and accreditation of conformity assessment bodies;
(c) providing technical advice, information and assistance on mutually agreed terms and conditions and exchanging experience, joint studies to enhance the other Party's system for standards, technical regulations and conformity assessment procedures, and related activities;
(d) giving favorable consideration, upon request of the other Party, to any sector specific proposal for further cooperation;
(e) promoting and encouraging bilateral cooperation between respective organizations of the Parties responsible of activities covered by this Chapter;
(f) increasing their bilateral cooperation in the relevant regional and international organizations and fora dealing with the issues covered by this Chapter; and
(g) informing the other Party, as far as possible, about the agreements or programs subscribed at international level in relation to technical barriers to trade issues.
Article 7.10. Transparency
1. The Parties acknowledge the importance of transparency in decision-making, including providing a meaningful opportunity for persons to provide comments on proposed technical regulations and conformity assessment procedures. Where a Party publishes a notice or notification under Article 2.9 or 5.6 of the TBT Agreement, it:
(a) may include in the notice the objectives and rationale of the proposed technical regulation or conformity assessment procedure; drafting bodies and development period thereof; and
(b) shall transmit the notification with the proposal electronically to the other Party through the enquiry point the Party has established under Article 10 of the TBT Agreement, at the same time as it notifies WTO Members of the proposal. Each Party should allow at least sixty (60) days for the other Party to make comments in writing on the proposals.
2. When a Party submits a notification under Article 2.10 or 5.7 of the TBT Agreement, it shall at the same time, transmit the notification to the other Party electronically through the enquiry point referenced in paragraph 1(b).
3. Where possible, the Parties are encouraged to publish, or otherwise make available to the public, in print or electronically, its responses to significant comments it receives under paragraph 1(b) no later than the date it publishes the final technical regulation or conformity assessment procedure.
4. Upon request of the other Party, a Party shall provide the other Party with information regarding the objective of, and rationale for, a standard, technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
Article 7.11. Enquiry Points
1. Each Party shall designate an enquiry point which shall have the responsibility to coordinate the implementation of this Chapter; and provide the other Party with the name of its designated enquiry point and the contact details of relevant officials in that organization, including information on telephone, facsimile, e-mail and other relevant details.
2. Each Party shall notify the other Party promptly of any change of its enquiry point or any amendments to the information of the relevant officials.
Article 7.12. Information Exchange
Any information or explanation that is provided upon request of a Party pursuant to the provisions of this Chapter shall be provided in print or electronically within a reasonable period of time.
Article 7.13. Committee on Technical Barriers to Trade
1. In order to facilitate the implementation of this Chapter and the cooperation between the Parties, the Parties hereby establish a Committee on Technical Barriers to Trade (hereinafter referred to as "the Committee"), comprising representatives of each Party.
2. For the purposes of this Article, the Committee shall be coordinated by:
(a) in the case of Chile, the General Directorate of International Economic Affairs, Ministry of Foreign Affairs, or its successor; and
(b) in the case of Viet Nam, the Directorate for Standards, Metrology and Quality, Ministry of Science and Technology.
3. The Committee's functions shall include:
(a) monitoring the implementation and administration of this Chapter;
(b) coordinating cooperation pursuant to Article 7.9;
(c) exchanging views on any issue, as far as possible, that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations or conformity assessment procedures;
(d) enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;
(e) facilitating technical consultations;
(f) where appropriate, identifying mutually agreed priority sectors for enhanced cooperation to facilitate trade;
(g) facilitating sectoral cooperation among governmental and non-governmental conformity assessment bodies in the Parties' territories;
(h) exchanging information, as far as possible, on developments in nongovernmental, regional, and multilateral fora, engaged in activities related to standardisation, technical regulations and conformity assessment procedures;
(i) taking any other steps the Parties consider will assist them in implementing the TBT Agreement and in facilitating trade in goods between them on the basis of the Parties' conditions and capacity;
(j) upon a Party's request, discussing any matters arising under this Chapter;
(k) reviewing this Chapter in light of any developments under the TBT Agreement and reporting to the Commission on the implementation of this Chapter, where appropriate; and
(l) carrying out other functions as may be delegated by the Commission.
4. The Committee shall meet at least once a year, unless otherwise agreed by the Parties. Meetings may be held by any means as agreed by the Parties. By agreement of the Parties, ad hoc working groups may be established, if necessary.
Chapter 8. Trade Defense
Article 8.1. Global Safeguards
1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the WTO Safeguards Agreement, as it may be amended.
2. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the WTO Safeguards Agreement, as it may be amended.
Article 8.2. Antidumping and Countervailing Measures
1. The rights and obligations of the Parties related to antidumping and countervailing measures shall be governed by Article VI of GATT 1994, the WTO Agreement on Implementation of Article VI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures, as it may be amended.
2. This Agreement does not confer any additional rights or obligations on the Parties with regard to the application of antidumping and countervailing measures, referred to in paragraph 1. Bilateral Safeguard Measures
Article 8.3. Definitions
For purposes of this Section:
competent authority means:
(a) in the case of Chile, the National Commission in Charge of the Investigation of the Existence of Price Distortions in Imported Products (Comisión Nacional Encargada de Investigar la Existencia de Distorsiones en el Precio de las MercaderÃas Importadas), or its successor; and
(b) in the case of Viet Nam, the Ministry of Industry and Trade, or its successor;
domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good or those producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of such good;
serious injury means a significant overall impairment in the position of a domestic industry;
substantial cause means a cause which is important and not less than any other cause;
threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent; and
transition period means the five-year period beginning on the date of entry into force of this Agreement, except where the tariff elimination for the good against which the action is taken occurs over a longer period of time, in which case the transition period shall be the period of the staged tariff elimination for that good.
Article 8.4. Imposition of a Bilateral Safeguard Measure
1. A Party may impose a bilateral safeguard measure described in paragraph 2, during the transition period only, if as a result of the reduction or elimination of a duty pursuant to this Agreement, a good originating in the territory of the other Party is being imported into the Party's territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good.
2. If the conditions in paragraph 1 are met, and to the extent as may be necessary, to prevent or remedy serious injury, or threat thereof, and facilitate adjustment, a Party may:
(a) suspend the further reduction of any rate of duty provided for under this Agreement on the good; or
(b) increase the rate of duty on the good to a level not to exceed the lesser of:
(i) the most-favoured-nation (MFN) applied rate of duty in effect at the time the action is taken; or
(ii) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.
Article 8.5. Standards for a Bilateral Safeguard Measure
1. A Party may apply a bilateral safeguard measure, including any extension thereof, for no longer than three years including a one-year extension. Regardless of its duration, such measure shall terminate at the end of the transition period.
2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application.
3. Neither Party may impose a bilateral safeguard measure more than once on the same good.
4. Neither Party may impose a bilateral safeguard measure on a good that is subject to a measure that the Party has imposed pursuant to Article XIX of GATT 1994 and the WTO Safeguards Agreement, and neither Party may continue maintaining a bilateral safeguard measure on a good that becomes subject to a measure that the Party imposes pursuant to Article XIX of GATT 1994 and the WTO Safeguards Agreement.
5. Upon the termination of a bilateral safeguard measure, the rate of the customs duty shall be the rate which would have been in effect if the bilateral safeguard measure had not been applied.
Article 8.6. Investigation Procedures and Transparency Requirements
1. A Party shall impose a bilateral safeguard measure only following an investigation by the Party's competent authorities in accordance with Articles 3 and 4.2(c) of the WTO Safeguards Agreement; and to this end, Articles 3 and 4.2(c) of the WTO Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.
2. In the investigation described in paragraph 1, a Party shall comply with the requirements of Article 4.2(a) of the WTO Safeguards Agreement; and to this end, Article 4.2(a) of the WTO Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
Article 8.7. Provisional Safeguard Measures
In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury. The duration of the provisional safeguard measure shall not exceed two hundred days. Such a measure should take the form of tariff increase to be promptly refunded if the subsequent investigation does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. The duration of any such provisional safeguard measure shall be counted as a part of the initial period and any extension of a definitive safeguard measure.
Article 8.8. Notification and Consultation
1. A Party shall promptly notify the other Party, in writing, on:
(a) initiating an investigation under Article 8.6;
(b) taking a decision to impose or extend a bilateral safeguard measure; and
(c) taking a decision to modify a bilateral safeguard measure previously undertaken.
2. A Party shall provide to the other Party a copy of the public version of the report of its competent authorities required under Article 8.6(1).
3. Before applying any bilateral safeguard measure a Party should provide the other Party the opportunity for consultation on issues related to the investigation and application of bilateral safeguard measures. Provisional safeguard measures cannot be applied before two months after the initiation of the investigation.