EU - New Zealand FTA (2023)
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Each Party shall refrain from granting or maintaining harmful fisheries subsidies. For this purpose, the Parties shall cooperate on:

(a) fulfilling the United Nations Sustainable Development Goals Target 14.6;

(b) implementing the WTO Agreement on Fisheries Subsidies, done at Geneva on 17 June 2022, that, among other things, prohibits subsidies that contribute to illegal, unreported and unregulated fishing (hereinafter referred to as "IUU fishing"); and

(c) pursuing, in the framework of the WTO, negotiations for the adoption of comprehensive disciplines regarding the prohibition of certain forms of fisheries subsidies that contribute to overcapacity and overfishing.

Article 16.5. Transparency

1. With respect to any subsidy granted or maintained within its territory, each Party shall make transparent, within one year after the date of entry into force of this Agreement and every two years  thereafter, the following information:

(a) the legal basis and purpose of the subsidy;

(b) the form of the subsidy;

(c) the amount of the subsidy or the amount budgeted for the subsidy; and

(d) if possible, the name of the recipient of the subsidy.

2. Each Party shall meet the transparency requirements set out in paragraph 1 through:

(a) notification pursuant to Article 25 of the SCM Agreement;

(b) notification pursuant to Article 18 of the Agreement on Agriculture; or

(c) publication by the Party, or on its behalf, on a publicly accessible website.

3. Notwithstanding the transparency requirements set out in paragraph 1, a Party (hereinafter referred to as "requesting Party") may request additional information from the other Party (hereinafter referred to as "responding Party") about a subsidy granted by the responding Party, including:

(a) the legal basis and policy objective or purpose of the subsidy;

(b) the total amount or the annual budgeted amount for the subsidy;

(c) if possible, the name of the recipient of the subsidy;

(d) the dates and the duration of the subsidy and any other time limits attached to it;

(e) the eligibility requirements for the subsidy;

(f) any measures taken to limit the potential distortive effect on competition, trade or the environment; and

(g) any other information permitting an assessment of the negative effects of the subsidy.

4. The responding Party shall provide the information requested pursuant to paragraph 3 to the requesting Party in writing no later than 60 days after the date of delivery of the request. If the responding party does not provide, wholly or partially, the information requested by the requesting Party, the responding Party shall explain the reasons for not providing such information in its written response as required by this paragraph.

Article 16.6. Consultations

1. If, at any time after making a request for additional information pursuant to Article 16.5(3) (Transparency), the requesting Party considers that a subsidy granted by the responding Party is negatively affecting, or is likely to negatively affect, its interests, it may express its concern in writing to the responding Party and request consultations on the matter. Consultations between the Parties to discuss the concerns raised shall be held within 60 days after the date of delivery of the request.

2. If, after the consultations referred to in paragraph 1, the requesting Party considers that the subsidy in question is negatively affecting, or is likely to negatively affect, its interests, in a disproportionate manner:

(a) in the case of subsidies granted to an enterprise supplying goods or services, the responding Party shall endeavour to eliminate or minimise any negative effects of the subsidy on the interests of the requesting Party; or

(b) in the case of subsidies granted in relation to goods covered by Annex 1 to the Agreement on Agriculture, taking into account the relevant provisions of that Agreement, the responding Party shall accord sympathetic consideration to the concerns of the requesting Party with due respect to Article 16.3 (Relation to the WTO Agreement).

3. For the purposes of point (a) of paragraph 2, the Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter.

Article 16.7. Prohibited Subsidies

1. The following subsidies that have or could have a significant negative effect on trade between the Parties shall be prohibited:

(a) subsidies whereby a government guarantees debts or liabilities of certain enterprises without any limitation as to the amount of those debts and liabilities or the duration of such guarantee; and

(b) subsidies to an insolvent enterprise, or enterprise in respect of which insolvency is imminent in the short to medium term without the subsidy, if:

(i) there is no credible restructuring plan, based on realistic assumptions, aimed at ensuring the return to long-term viability of the enterprise within a reasonable time period; or

(ii) the enterprise, other than an SME, does not contribute to the costs of restructuring.

2. Point (b) of paragraph 1 does not apply to subsidies provided to enterprises as temporary liquidity support in the form of loan guarantees or loans during the period which is necessary to prepare a restructuring plan. Such temporary liquidity support shall be limited to the amount needed to merely keep the enterprise in business. For the purposes of this paragraph, the formulation "temporary liquidity support in the form of loan guarantees or loans" includes solvency support.

3. Subsidies granted to ensure the orderly market exit of an enterprise are not prohibited.

4. This Article does not apply to subsidies the cumulative amounts or budgets of which are less than SDR 160 000 per enterprise over a period of three consecutive years.

Article 16.8. Use of Subsidies

Each Party shall ensure that enterprises use subsidies only for the policy objective for which those subsidies were granted.

Article 16.9. Non-application of Dispute Settlement

Chapter 26 (Dispute settlement) does not apply to Article 16.6 (Consultations).

Chapter 17. STATE-OWNED ENTERPRISES

Article 17.1. Scope

1. This Chapter applies to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies, engaged in a commercial activity that may potentially affect trade or investment between the Parties. (1) Where such state-owned enterprises, enterprises granted special rights or privileges and designated monopolies engage both in commercial and non-commercial activities, only their commercial activities are covered by this Chapter.

2. This Chapter applies to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies at all levels of government. (2)

(1) Entities created or regulated under the New Zealand Kiwifruit Export Regulations 1999 or the New Zealand Kiwifruit Industry Restructuring Act 1999 are excluded from the application of this Chapter, with the exception of Articles 17.3 (Relation to the WTO Agreement) and 17.7 (Information exchange). Article 17.7 (Information exchange) specifies the application of Article 17.3 (Relation to the WTO Agreement) for the purposes of this Chapter.
(2) The following do not fall within the scope of this Chapter: (a) local councils and entities covered by Chapter 14 (Public procurement) and Annex 14 (Public procurement market access commitments); and (b) enterprises to which special rights and privileges have been granted, and designated monopolies that are designated by the local councils referred to in point (a).

3. This Chapter does not apply to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies if in one of the three previous consecutive fiscal years the annual revenue derived from the commercial activities of a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly was less than SDR 100 million. During the first three years after the date of entry into force of this Agreement, that threshold shall be SDR 200 million.

4. This Chapter does not apply to situations where state-owned enterprises, enterprises granted special rights or privileges or designated monopolies act as procuring entities conducting procurement for governmental purposes and not with a view to commercial resale or with a view to use in the production of a good or in the supply of a service for commercial sale (1).

(1) This is without prejudice to the commitments made by the Parties in Chapter 14 (Public procurement), including, in particular, in Annex 14 (Public procurement market access commitments).

5. Article 17.5 (Non-discriminatory treatment and commercial considerations) and Article 17.7 (Information exchange) do not apply to an activity performed in the exercise of governmental authority.

6. Article 17.5 (Non-discriminatory treatment and commercial considerations) does not apply with respect to the supply of financial services by a state-owned enterprise pursuant to a government mandate, if that supply of financial services:

(a) supports exports or imports, provided that those financial services are:

(i) not intended to displace commercial financing; or

(ii) offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market; or

(b) supports private investment outside the territory of the Party, provided that those financial services are:

(i) not intended to displace commercial financing; or

(ii) offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market; or

(c) is offered on terms consistent with the Arrangement defined in point (b) of Article 17.2 (Definitions), provided that it falls within the scope of that Arrangement.

7. Article 17.5 (Non-discriminatory treatment and commercial considerations) does not apply to the services in sectors that are outside the scope of Chapter 10 (Trade in services and investment) in accordance with Article 10.2(3) (Scope).

8. Article 17.5 (Non-discriminatory treatment and commercial considerations) does not apply to the extent that a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly of a Party makes a purchase or sale of a good or a service pursuant to:

(a) any existing non-conforming measure in accordance with Article 10.10 (Non-conforming measures) that the Party maintains, continues, renews or amends as set out in its respective Schedule in Annex 10-A (Existing measures); or

(b) any non-conforming measure that the Party adopts or maintains with respect to sectors, sub-sectors, or activities in accordance with Article 10.10 (Non-conforming measures) as set out in its respective Schedule in Annex 10-B (Future measures).

Article 17.2. Definitions

For the purposes of this Chapter, the following definitions apply:

(a) "activity performed in the exercise of governmental authority" means any activity which is performed, including any service that is supplied, neither on a commercial basis nor in competition with one or more economic operators;

(b) "Arrangement" means the Arrangement on Officially Supported Export Credits, developed within the framework of the OECD or a successor undertaking, whether developed within or outside of the OECD framework that has been adopted by at least 12 original WTO Members that were Participants to the Arrangement as of 1 January 1979;

(c) "commercial activity" means an activity which an enterprise undertakes, the end result of which is the production of a good or the supply of a service to be sold in the relevant market in quantities and at prices determined by that enterprise, and which is undertaken with an orientation towards profit-making (1);

(1) For greater certainty, an activity undertaken by an enterprise that operates on a non-profit basis or a cost-recovery basis is not a commercial activity.

(d) "commercial considerations" means price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale, or other factors that would normally be taken into account in the commercial decisions of a privately-owned enterprise operating according to market economy principles in the relevant business or industry;

(e) "designate a monopoly" means to establish or authorise a monopoly, or to expand the scope of a monopoly to cover an additional good or service;

(f) "designated monopoly" means an entity, including a consortium or a government agency, that in a relevant market in the territory of a Party is designated as the sole supplier or purchaser of a good or service, but it does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant;

(g) "enterprise granted special rights or privileges" means an enterprise, public or private, to which a Party has granted, in law or in fact, special rights or privileges (1); special rights or privileges are granted by a Party when it designates or limits to two or more the number of enterprises authorised to provide a good or a service, other than according to objective, proportional and non-discriminatory criteria, substantially affecting the ability of any other enterprise to supply the same good or service in the same geographical area under substantially equivalent conditions;

(1) For greater certainty, the granting of a quota allocation, licence or permit in relation to either a scarce resource or the distribution of export products to markets where tariff quotas, country- specific preferences or other measures are in force shall not, in and of itself, constitute a special right or privilege.

(h) "state-owned enterprise" means an enterprise in which a Party:

(i) directly owns more than 50 % of the share capital;

(ii) controls the exercise of more than 50 % of the voting rights;

(iii) holds the power to appoint a majority of the members of the board of directors or any other equivalent management body;

(iv) holds the power to control the decisions of the enterprise through any other ownership interest, including minority ownership; or

(v) has the power to direct the actions of the enterprise or otherwise exercise an equivalent level of control in accordance with the law of that Party.

Article 17.3. Relation to the WTO Agreement

Article XVII of GATT 1994, the Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994, Article VIII of GATS, and paragraphs 18 to 21 of the WTO Ministerial Decision of 19 December 2015 on Export Competition (WT/MIN(15)/45 – WT/L/980) are incorporated into and made part of this Agreement, mutatis mutandis. (1)

(1) Article 17.7 (Information exchange) specifies, between the Parties and solely for the purposes of this Agreement, the Parties' understanding of how the obligations under Article XVII:4 of GATT 1994 are to be met for the purposes of this paragraph.

Article 17.4. General Provisions

1. Without prejudice to the rights and obligations of each Party under this Chapter, nothing in this Chapter prevents a Party from establishing or maintaining state-owned enterprises, granting special rights or privileges to enterprises or designating or maintaining monopolies.

2. A Party shall not require or encourage a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly to act in a manner inconsistent with this Chapter.

Article 17.5. Non-discriminatory Treatment and Commercial Considerations

1. Each Party shall ensure that each of its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies, when engaging in commercial activities:

(a) acts in accordance with commercial considerations in its purchase or sale of a good or a service, except to fulfil any terms of its public service mandate that are not inconsistent with point (b) or (c);

(b) in its purchase of a good or a service:

(i) accords to a good or a service supplied by an enterprise of the other Party treatment no less favourable than that which it accords to a like good or a like service supplied by enterprises of the Party; and

(ii) accords to a good or service supplied by a covered enterprise defined in point (d) of Article 10.3 (Definitions) treatment no less favourable than that which it accords to a like good or a like service supplied by enterprises of that Party's own investors in the relevant market in the Party; and

(c) in its sale of a good or a service:

(i) accords to an enterprise of the other Party treatment no less favourable than that which it accords to enterprises of the Party; and

(ii) accords to a covered enterprise as defined in point (d) of Article 10.3 (Definitions) treatment no less favourable than that which it accords to enterprises of that Party's own investors in the relevant market in the Party.

2. Provided that such different terms or conditions or refusal are made in accordance with commercial considerations, points (b) and (c) of paragraph 1 do not preclude a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly from:

(a) purchasing or supplying goods or services on different terms or conditions, including those relating to price; or

(b) refusing to purchase or supply goods or services.

Article 17.6. Regulatory Framework

1. Each Party shall respect and make best use of relevant international standards including the OECD Guidelines on Corporate Governance of State-Owned Enterprises.

2. Each Party shall ensure that any regulatory body or any other body exercising a regulatory function that the Party establishes or maintains:

(a) is independent from, and not accountable to, any of the enterprises regulated by such body; and

(b) acts impartially (1) in like circumstances with respect to all enterprises regulated by such body, including state-owned enterprises, enterprises granted special rights or privileges and designated monopolies. (2)

3. Each Party shall ensure the enforcement of its law on state-owned enterprises, enterprises granted special rights or privileges and designated monopolies in a consistent and non-discriminatory manner.

(1) For greater certainty, the impartiality with which the regulatory body or any other body exercising a regulatory function that the Party establishes or maintains exercises its regulatory functions is to be assessed by reference to a general pattern or practice of such regulatory body.
(2) For greater certainty, for those sectors in which the Parties have agreed in other Chapters to specific obligations relating to a regulatory body or any other body exercising a regulatory function that the Party establishes or maintains, the relevant provisions of those Chapters shall prevail.

Article 17.7. Information Exchange

1. A Party which has a reason to believe that its interests under this Chapter are being adversely affected by the commercial activities of a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly (hereinafter referred to as "the entity" in this Article) of the other Party may request the other Party in writing to provide information on the commercial activities of the entity related to the carrying out of obligations under this Chapter in accordance with paragraph 2.

2. The Party responding to a request shall provide the following information to the requesting Party, provided that the request includes an explanation of how the activities of the entity may be affecting the interests of the requesting Party under this Chapter and that the request indicates which of the following information shall be provided:

(a) the ownership and the voting structure of the entity, indicating the percentage of shares that the responding Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies cumulatively own, and the percentage of voting rights that they cumulatively hold, in the entity;

(b) a description of any special shares or special voting or other rights that the responding Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies hold, where such rights are different from those attached to the general common shares of the entity;

(c) a description of the organisational structure of the entity and its composition of the board of directors or of any other equivalent management body;

(d) a description of which government departments or public bodies regulate or monitor the entity, a description of the reporting requirements imposed on it by those government departments or public bodies, and the rights and practices of those government departments or public bodies with respect to the appointment, dismissal or remuneration of senior executives and members of the board of directors or any other equivalent management body of the entity;

(e) annual revenue and total assets of the entity over the most recent three-year period for which information is available;

(f) any exemptions, immunities and related measures from which the entity benefits under the law of the responding Party;

(g) in respect of entities covered by the New Zealand Local Government Act 2002 or any successor legislation, any information that such entities are obliged to provide under that Act or any successor legislation; and

(h) any additional information regarding the entity that is publicly available, including annual financial reports and third-party audits.

3. Without prejudice to Article 25.7 (Disclosure of information), paragraphs 1 and 2 of this Article shall not require a Party to disclose confidential information the disclosure of which would be inconsistent with its law.

4. If the requested information is not available to the responding Party, the responding Party shall provide the reasons for this in writing to the requesting Party.

Chapter 18. INTELLECTUAL PROPERTY

Section A. GENERAL PROVISIONS

Article 18.1. Objectives

The objectives of this Chapter are to:

(a) promote the creation, production, dissemination and commercialisation of innovative and creative goods and services in and between the Parties, contributing to a more sustainable and inclusive economy for the Parties;

(b) promote, support and govern trade between the Parties as well as reduce distortions and impediments to such trade; and

(c) ensure an adequate and effective level of protection and enforcement of intellectual property rights.

Article 18.2. Scope

1. This Chapter complements and further specifies the rights and obligations of each Party under the TRIPS Agreement and other international agreements in the field of intellectual property to which they are parties.

2. Each Party shall give effect to this Chapter. Each Party shall be free to determine the appropriate method of implementing this Chapter within its own legal system and practice.

3. This Chapter does not preclude a Party from providing more extensive protection for, or enforcement of, intellectual property rights than is required by this Chapter, provided that such protection and enforcement does not contravene this Chapter.

Article 18.3. Definitions

For the purposes of this Chapter, the following definitions apply:

(a) "intellectual property rights" means all categories of intellectual property that are covered by  Articles 18.8 (Authors) to 18.45 (Protection of plant variety rights) of this Chapter and Sections 1 to 7 of Part II of the TRIPS Agreement. The protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention;

(b) "national" means, in respect of the relevant intellectual property right, a person of a Party that would meet the criteria for eligibility for protection provided for in the TRIPS Agreement and multilateral agreements concluded and administered under the auspices of WIPO to which a Party is a contracting party;

(c) "Paris Convention" means the Paris Convention for the Protection of Industrial Property of 20 March 1883, as revised at Stockholm on 14 July 1967;

(d) "WIPO" means the World Intellectual Property Organization; and

(e) "WPPT" means the WIPO Performances and Phonograms Treaty done at Geneva on 20 December 1996.

Article 18.4. International Agreements

1. Each Party shall comply with its commitments under the following international agreements:

(a) TRIPS Agreement;

(b) WIPO Copyright Treaty adopted in Geneva on 20 December 1996;

(c) WPPT;

(d) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled, done in Marrakesh on 27 June 2013; and

(e) Trademark Law Treaty, done at Geneva on 27 October 1994.

2. Each Party shall make all reasonable efforts to ratify or accede to the following international agreements:

(a) Beijing Treaty on Audiovisual Performances, done at Beijing on 24 June 2012;

(b) Singapore Treaty on the Law of Trademarks, done at Singapore on 27 March 2006; and

(c) The Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on 2 July 1999.

3. Each Party shall ensure that the procedures provided under the following international agreements are available in its territory:

  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Objectives of this Agreement 1
  • Article   1.2 General Definitions 1
  • Article   1.3 WTO Agreements 1
  • Article   1.4 Territorial Application 1
  • Article   1.5 Relation to other International Agreements 1
  • Article   1.6 Establishment of a Free Trade Area 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Export Duties, Taxes or other Charges 1
  • Article   2.8 Fees and Formalities 2
  • Article   2.9 Repaired or Altered Goods 2
  • Article   2.10 Remanufactured Goods 2
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Origin Marking 2
  • Article   2.13 Import Licensing Procedures 2
  • Article   2.14 Export Licensing Procedures 2
  • Article   2.15 Preference Utilisation Rates 2
  • Article   2.16 Temporary Admission 2
  • Article   2.17 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Material 2
  • Article   2.18 Specific Measures Concerning the Management of Preferential Treatment 2
  • Article   2.19 Committee on Trade In Goods 2
  • Article   2.20 Contact Points 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Article   3.2 General Requirements for Originating Products 2
  • Article   3.3 Cumulation of Origin 2
  • Article   3.4 Wholly Obtained Products 2
  • Article   3.5 Tolerances 2
  • Article   3.6 Insufficient Working or Processing 3
  • Article   3.7 Unit of Qualification 3
  • Article   3.8 Packing Materials and Containers for Shipment 3
  • Article   3.9 Packaging Materials and Containers for Retail Sale 3
  • Article   3.10 Accessories, Spare Parts and Tools 3
  • Article   3.11 Sets 3
  • Article   3.12 Neutral Elements 3
  • Article   3.13 Accounting Segregation Method for Fungible Materials and Fungible Products 3
  • Article   3.14 Returned Products 3
  • Article   3.15 Non-alteration 3
  • Section   B ORIGIN PROCEDURES 3
  • Article   3.16 Claim for Preferential Tariff Treatment 3
  • Article   3.17 Claim for Preferential Tariff Treatment after Importation 3
  • Article   3.18 Statement on Origin 3
  • Article   3.19 Minor Errors or Minor Discrepancies 3
  • Article   3.20 Importer's Knowledge 3
  • Article   3.21 Record-keeping Requirements 3
  • Article   3.22 Waiver of Procedural Requirements 3
  • Article   3.23 Verification 3
  • Article   3.24 Administrative Cooperation 3
  • Article   3.25 Denial of Preferential Tariff Treatment 3
  • Article   3.26 Confidentiality 4
  • Article   3.27 Administrative Measures and Sanctions 4
  • Section   C FINAL PROVISIONS 4
  • Article   3.28 Ceuta and Melilla 4
  • Article   3.29 Transitional Provisions for Products In Transit or Storage 4
  • Article   3.30 Joint Customs Cooperation Committee 4
  • Chapter   4 CUSTOMS AND TRADE FACILITATION 4
  • Article   4.1 Objectives 4
  • Article   4.2 Customs Cooperation and Mutual Administrative Assistance 4
  • Article   4.3 Customs Provisions and Procedures 4
  • Article   4.4 Release of Goods 4
  • Article   4.5 Perishable Goods 4
  • Article   4.6 Simplified Customs Procedures 4
  • Article   4.7 Transit and Transhipment 4
  • Article   4.8 Risk Management 4
  • Article   4.9 Post-clearance Audit 4
  • Article   4.10 Authorised Economic Operators 4
  • Article   4.11 Publication and Availability of Information 4
  • Article   4.12 Advance Rulings 4
  • Article   4.13 Customs Brokers 5
  • Article   4.14 Customs Valuation 5
  • Article   4.15 Preshipment Inspection Activities 5
  • Article   4.16 Appeal and Review 5
  • Article   4.17 Engagement with the Business Community 5
  • Article   4.18 Joint Customs Cooperation Committee 5
  • Chapter   5 TRADE REMEDIES 5
  • Section   A GENERAL PROVISIONS 5
  • Article   5.1 Non-application of Preferential Rules of Origin 5
  • Article   5.2 Non-application of Dispute Settlement 5
  • Section   B B ANTI-DUMPING AND COUNTERVAILING DUTIES 5
  • Article   5.3 Transparency 5
  • Article   5.4 Consideration of Public Interest 5
  • Article   5.5 Lesser Duty Rule 5
  • Section   C GLOBAL SAFEGUARD MEASURES 5
  • Article   5.6 Transparency 5
  • Section   D BILATERAL SAFEGUARD MEASURES 5
  • Article   5.7 Definitions 5
  • Article   5.8 Application of a Bilateral Safeguard Measure 5
  • Article   5.9 Standards for a Bilateral Safeguard Measure 5
  • Article   5.10 Provisional Bilateral Safeguard Measures 5
  • Article   5.11 Outermost Regions 5
  • Article   5.12 Compensation and Suspension of Concessions 5
  • Subsection   1 PROCEDURAL RULES APPLICABLE TO BILATERAL SAFEGUARD MEASURES 5
  • Article   5.13 Applicable Law 5
  • Article   5.14 Investigation Procedures 5
  • Article   5.15 Notification and Consultation 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Objectives and General Provisions 5
  • Article   6.2 Scope 5
  • Article   6.3 Definitions 5
  • Article   6.4 Specific Plant-health-related Conditions 5
  • Article   6.5 Recognition of Pest Freedom 6
  • Article   6.6 Equivalence 6
  • Article   6.7 Trade Conditions and Approval Procedures 6
  • Article   6.8 Certification 6
  • Article   6.9 Transparency, Information Exchange and Technical Consultation 6
  • Article   6.10 Emergency Measures 6
  • Article   6.11 Audits 6
  • Article   6.12 Import Checks and Fees 6
  • Article   6.13 Scientific Robustness and Transparency In Specified Authorisation Processes (1) 6
  • Article   6.14 Antimicrobial Resistance 6
  • Article   6.15 Fraud In Traded Commodities 6
  • Article   6.16 Implementation and Resources 6
  • Article   6.17 Committee on Sanitary and Phytosanitary Measures 6
  • Chapter   7 SUSTAINABLE FOOD SYSTEMS 6
  • Article   7.1 Objectives 6
  • Article   7.2 Scope 6
  • Article   7.3 Definition of a Sustainable Food System 6
  • Article   7.4 Cooperation to Improve the Sustainability of Food Systems 6
  • Article   7.5 Additional Provisions 6
  • Article   7.6 Committee on Sustainable Food Systems 7
  • Article   7.7 Contact Points 7
  • Chapter   8 ANIMAL WELFARE 7
  • Article   8.1 Objective 7
  • Article   8.2 General Provisions and Cooperation 7
  • Article   8.3 Technical Working Group on Animal Welfare 7
  • Chapter   9 TECHNICAL BARRIERS TO TRADE 7
  • Article   9.1 Objectives 7
  • Article   9.2 Scope 7
  • Article   9.3 Relation to the TBT Agreement 7
  • Article   9.4 Technical Regulations 7
  • Article   9.5 International Standards 7
  • Article   9.6 Standards 7
  • Article   9.7 Conformity Assessment 7
  • Article   9.8 Transparency 7
  • Article   9.9 Marking and Labelling 7
  • Article   9.10 Cooperation on Market Surveillance, Safety and Compliance of Non-food Products 7
  • Article   9.11 Technical Discussions and Consultations 7
  • Article   9.12 Cooperation 7
  • Article   9.13 Prohibition on Animal Testing 8
  • Article   9.14 TBT Chapter Coordinator 8
  • Chapter   10 TRADE IN SERVICES AND INVESTMENT 8
  • Section   A GENERAL PROVISIONS 8
  • Article   10.1 Objectives 8
  • Article   10.2 Scope 8
  • Article   10.3 Definitions 8
  • Section   B INVESTMENT LIBERALISATION 8
  • Article   10.4 Scope 8
  • Article   10.5 Market Access 8
  • Article   10.6 National Treatment 8
  • Article   10.7 Most-favoured-nation Treatment 8
  • Article   10.8 Senior Management and Boards of Directors 8
  • Article   10.9 Performance Requirements 8
  • Article   10.10 Non-conforming Measures 8
  • Article   10.11 Information Requirements 8
  • Article   10.12 Denial of Benefits 8
  • Section   C CROSS-BORDER TRADE IN SERVICES 9
  • Article   10.13 Scope 9
  • Article   10.14 Market Access 9
  • Article   10.15 Local Presence 9
  • Article   10.16 National Treatment 9
  • Article   10.17 Most-favoured-nation Treatment 9
  • Article   10.18 Non-conforming Measures 9
  • Article   10.19 Denial of Benefits 9
  • Section   D ENTRY AND TEMPORARY STAY OF NATURAL PERSONS FOR BUSINESS PURPOSES 9
  • Article   10.20 Scope and Definitions 9
  • Article   10.21 Business Visitors for Establishment Purposes and Intra-corporate Transferees 9
  • Article   10.22 Short-term Business Visitors 9
  • Article   10.23 Contractual Service Suppliers and Independent Professionals 9
  • Article   10.24 Non-conforming Measures 9
  • Article   10.25 Transparency 9
  • Section   E REGULATORY FRAMEWORK 9
  • Subsection   1 DOMESTIC REGULATION 9
  • Article   10.26 Scope and Definitions 9
  • Article   10.27 Submission of Applications 9
  • Article   10.28 Application Timeframes 9
  • Article   10.29 Electronic Applications and Acceptance of Copies 9
  • Article   10.30 Processing of Applications 9
  • Article   10.31 Fees 10
  • Article   10.32 Assessment of Qualifications 10
  • Article   10.33 Objectivity, Impartiality and Independence 10
  • Article   10.34 Publication and Information Available 10
  • Article   10.35 Technical Standards 10
  • Article   10.36 Development of Measures 10
  • Article   10.37 Limited Numbers of Licences 10
  • Article   10.38 Review Procedures for Administrative Decisions 10
  • Subsection   2 PROVISIONS OF GENERAL APPLICATION 10
  • Article   10.39 Mutual Recognition of Professional Qualifications 10
  • Subsection   3 DELIVERY SERVICES 10
  • Article   10.40 Scope and Definitions 10
  • Article   10.41 Universal Service 10
  • Article   10.42 Universal Service Funding 10
  • Article   10.43 Prevention of Market Distortive Practices 10
  • Article   10.44 Licences 10
  • Article   10.45 Independence of the Regulatory Body 10
  • Subsection   4 TELECOMMUNICATIONS SERVICES 10
  • Article   10.46 Scope 10
  • Article   10.47 Definitions 10
  • Article   10.48 Approaches to Regulation 10
  • Article   10.49 Telecommunications Regulatory Authority 10
  • Article   10.50 Authorisation to Provide Telecommunications Networks or Telecommunications Services 10
  • Article   10.51 Interconnection 10
  • Article   10.52 Access and Use 10
  • Article   10.53 Resolution of Telecommunications Disputes 11
  • Article   10.54 Competitive Safeguards on Major Suppliers 11
  • Article   10.55 Interconnection with Major Suppliers 11
  • Article   10.56 Access to Major Suppliers' Essential Facilities 11
  • Article   10.57 Scarce Resources 11
  • Article   10.58 Universal Service 11
  • Article   10.59 Number Portability 11
  • Article   10.60 Confidentiality of Information 11
  • Article   10.61 Telecommunications Connectivity 11
  • Subsection   5 FINANCIAL SERVICES 11
  • Article   10.62 Scope 11
  • Article   10.63 Definitions 11
  • Article   10.64 Prudential Carve-out 11
  • Article   10.65 Disclosure of Information 11
  • Article   10.66 International Standards 11
  • Article   10.67 Financial Services New to the Territory of a Party 11
  • Article   10.68 Self-regulatory Organisations 11
  • Article   10.69 Clearing and Payment Systems 11
  • Subsection   6 INTERNATIONAL MARITIME TRANSPORT SERVICES 11
  • Article   10.70 Scope and Definitions 11
  • Article   10.71 Obligations 11
  • Chapter   11 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS 11
  • Article   11.1 Payments and Transfers 11
  • Article   11.2 Capital Movements 11
  • Article   11.3 Application of Laws and Regulations Relating to Capital Movements, Payments and Transfers 11
  • Chapter   12 DIGITAL TRADE 11
  • Section   A GENERAL PROVISIONS 12
  • Article   12.1 Scope 12
  • Article   12.2 Definitions 12
  • Article   12.3 Right to Regulate 12
  • Section   B CROSS-BORDER DATA FLOWS AND PERSONAL DATA PROTECTION 12
  • Article   12.4 Cross-border Data Flows 12
  • Article   12.5 Protection of Personal Data and Privacy 12
  • Section   C SPECIFIC PROVISIONS 12
  • Article   12.6 Customs Duties on Electronic Transmissions 12
  • Article   12.7 No Prior Authorisation 12
  • Article   12.8 Conclusion of Contracts by Electronic Means Unless 12
  • Article   12.9 Electronic Authentication 12
  • Article   12.10 Electronic Invoicing 12
  • Article   12.11 Transfer of or Access to Source Code 12
  • Article   12.12 Consumer Trust Online 12
  • Article   12.13 Unsolicited Direct Marketing Communications 12
  • Article   12.14 Cooperation on Regulatory Matters with Regard to Digital Trade 12
  • Article   12.15 Paperless Trade In Goods 12
  • Article   12.16 Open Internet Access 12
  • Chapter   13 ENERGY AND RAW MATERIALS 12
  • Article   13.1 Objectives 12
  • Article   13.2 Principles 12
  • Article   13.3 Definitions 12
  • Article   13.4 Import and Export Monopolies 12
  • Article   13.5 Export Pricing 12
  • Article   13.6 Domestic Pricing 12
  • Article   13.7 Authorisation for Exploration and Production of Energy Goods and Raw Materials 12
  • Article   13.8 Assessment of Environmental Impact 13
  • Article   13.9 Offshore Risk and Safety 13
  • Article   13.10 Access to Energy Infrastructure for Producers of Renewable Electricity 13
  • Article   13.11 Regulatory Body 13
  • Article   13.12 Cooperation on Standards, Technical Regulations, and Conformity Assessment Procedures 13
  • Article   13.13 Research, Development and Innovation 13
  • Article   13.14 Cooperation on Energy Goods and Raw Materials 13
  • Chapter   14 PUBLIC PROCUREMENT 13
  • Article   14.1 Incorporation of Certain Provisions of the GPA 13
  • Article   14.2 Additional Disciplines 13
  • Article   14.3 Exchange of Statistics 13
  • Article   14.4 Modifications and Rectifications to Coverage 13
  • Article   14.5 Further Negotiations 13
  • Chapter   15 COMPETITION POLICY 13
  • Article   15.1 Competition Principles 13
  • Article   15.2 Competitive Neutrality 13
  • Article   15.3 Economic Activity 13
  • Article   15.4 Legislative Framework 13
  • Article   15.5 Implementation 13
  • Article   15.6 Private Right of Action 13
  • Article   15.7 Cooperation 13
  • Article   15.8 Non-application of Dispute Settlement 13
  • Chapter   16 SUBSIDIES 13
  • Article   16.1 Principles 13
  • Article   16.2 Definitions and Scope 13
  • Article   16.3 Relation to the WTO Agreement 13
  • Article   16.4 Fisheries Subsidies 14
  • Article   16.5 Transparency 14
  • Article   16.6 Consultations 14
  • Article   16.7 Prohibited Subsidies 14
  • Article   16.8 Use of Subsidies 14
  • Article   16.9 Non-application of Dispute Settlement 14
  • Chapter   17 STATE-OWNED ENTERPRISES 14
  • Article   17.1 Scope 14
  • Article   17.2 Definitions 14
  • Article   17.3 Relation to the WTO Agreement 14
  • Article   17.4 General Provisions 14
  • Article   17.5 Non-discriminatory Treatment and Commercial Considerations 14
  • Article   17.6 Regulatory Framework 14
  • Article   17.7 Information Exchange 14
  • Chapter   18 INTELLECTUAL PROPERTY 14
  • Section   A GENERAL PROVISIONS 14
  • Article   18.1 Objectives 14
  • Article   18.2 Scope 14
  • Article   18.3 Definitions 14
  • Article   18.4 International Agreements 14
  • Article   18.5 Exhaustion 15
  • Article   18.6 National Treatment 15
  • Article   18.7 TRIPS Agreement and Public Health 15
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 15
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 15
  • Article   18.8 Authors 15
  • Article   18.9 Performers 15
  • Article   18.10 Producers of Phonograms 15
  • Article   18.11 Broadcasting Organisations 15
  • Article   18.12 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes (1) 15
  • Article   18.13 Term of Protection (1) 15
  • Article   18.14 Resale Right (1) 15
  • Article   18.15 Collective Management of Rights 15
  • Article   18.16 Limitations and Exceptions 15
  • Article   18.17 Protection of Technological Measures (1) 15
  • Article   18.16 Limitations and Exceptions 15
  • Article   18.17 Protection of Technological Measures (1) 15
  • Article   18.18 Obligations Concerning Rights-management Information 15
  • Subsection   2 TRADEMARKS 15
  • Article   18.19 Trademark Classification 15
  • Article   18.20 Signs of a Trademark 15
  • Article   18.21 Rights Conferred by a Trademark 15
  • Article   18.22 Registration Procedure 15
  • Article   18.23 Well-known Trademarks 15
  • Article   18.24 Exceptions to the Rights Conferred by a Trademark 15
  • Article   18.25 Grounds for Revocation 15
  • Article   18.26 Bad-faith Applications 15
  • Subsection   3 DESIGNS 15
  • Article   18.27 Protection of Registered Designs 15
  • Article   18.29 Protection Conferred to Unregistered Designs 16
  • Article   18.30 Exceptions and Exclusions 16
  • Article   18.31 Relationship to Copyright 16
  • Article   18.32 Scope, Procedures and Definitions 16
  • Article   18.33 Amendment of the List of Geographical Indications 16
  • Article   18.34 Protection of Geographical Indications 16
  • Article   18.36 Right of Use of Geographical Indications 16
  • Article   18.37 Relationship to Trademarks 16
  • Article   18.38 Enforcement of Protection 16
  • Article   18.39 General Rules 16
  • Article   18.40 Systems of Protection of Geographical Indications 16
  • Article   18.41 Scope of Protection of Trade Secrets and Definitions 1. Each Party Shall Provide for Appropriate Civil Judicial Procedures and Remedies for Any Trade Secret Holder to Prevent, and Obtain Redress for, the Acquisition, Use or Disclosure of a Trade Secret Whenever Carried Out In a Manner Contrary to Honest Commercial Practices. 2. for the Purposes of this Sub-Section, the Following Definitions Apply: (a) "trade Secret" Means Information That: Gi) _ Is Secret In the Sense That It Is Not, as a Body or In the Precise Configuration and Assembly of Its Components, Generally Known Among or Readily Accessible to Persons Within the Circles That Normally Deal with the Kind of Information In Question;Gi) Has Commercial Value Because It Is Secret; and 17
  • Article   18.42 Civil Judicial Procedures and Remedies as Regards Trade Secrets 17
  • Article   18.43 Protection of Data Submitted to Obtain an Authorisation 17
  • Article   18.44 17
  • Article   Article, the Term "temporary Right" Means "data Protection”. 17
  • Article   18.45 Protection of Plant Variety Rights! 17
  • Section   SECTION C ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 17
  • Article   18.46 General Obligations 1. the Parties Reaffirm Their Commitments Under the TRIPS Agreement and In Particular Under Its Part I, and Shall Provide for the Following Complementary Measures, Procedures and Remedies Necessary to Ensure the Enforcement of Intellectual Property Rights.12. Those Measures, Procedures and Remedies Shall: 17
  • Article   18.47 Persons Entitled to Apply for the Application of the Measures, 17
  • Article   18.48 Measures for Preserving Evidence 17
  • Article   18.49 Evidence 17
  • Article   18.50 Right of Information 1. Each Party Shall Ensure That, In the Context of Civil Proceedings Concerning an Infringement of an Intellectual Property Right and In Response to a Justified and Proportionate Request of the Claimant, Its Competent Judicial Authorities May Order the Infringer or Alleged Infringer or Any other Person Toprovide Relevant Information In That Person's Control or Possession on the Origin and Distribution 17
  • Article   18.51 Provisional and Precautionary Measures 17
  • Article   18.52 Corrective Measures 18
  • Article   18.54 Alternative Measures 18
  • Article   18.53 Injunctions) If That Person Acted Unintentionally and without Negligence, If Execution of the Measures In Question Would Cause That Person Disproportionate Harm and If Pecuniary 18
  • Article   18.57 Publication of Judicial Decisions Each Party Shall Provide That, In Legal Proceedings Instituted for Infringement of an Intellectual Property Right, Its Judicial Authorities May Order, at the Request of the Applicant and at the Expense of the Infringer, Appropriate Measures for the Dissemination of the Information Concerning the Decision, Including Displaying the Decision and Publishing It In Full or In Part. ARTICLE 18.58Presumption of Authorship or Ownership 18
  • Article   18.59 Administrative Procedures to the Extent That Any Civil Remedy Can Be Ordered on the Merits of a Case as a Result of Administrative Procedures, Administrative Procedures Shall Conform to Principles Equivalent In Substance to Those Set Forth In this Sub-Section.SUB-SECTION 2 18
  • Article   18.60 Border Measures 18
  • Article   18.61 Consistency with GATT 1994 and the TRIPS Agreement 18
  • Section   D FINAL PROVISIONS 18
  • Article   18.62 Modalities of Cooperation 18
  • Article   18.63 Voluntary Stakeholder Initiatives 18
  • Article   18.64 Committee on Investment, Services, Digital Trade, Government Procurement and Intellectual Property, Including Geographical Indications 18
  • Chapter   19 TRADE AND SUSTAINABLE DEVELOPMENT 18
  • Article   19.1 Context and Objectives 18
  • Article   19.2 Right to Regulate and Levels of Protection 18
  • Article   19.3 Multilateral Labour Standards and Agreements 18
  • Article   19.4 Trade and Gender Equality 18
  • Article   19.5 Multilateral Environmental Agreements and International Environmental Governance 19
  • Article   19.6 Trade and Climate Change 19
  • Article   19.7 Trade and Fossil Fuel Subsidy Reform 19
  • Article   19.8 Trade and Biological Diversity 19
  • Article   19.9 Trade and Forests 19
  • Article   19.10 Trade and Sustainable Management of Fisheries and Aquaculture 19
  • Article   19.11 Trade and Investment Supporting Sustainable Development 19
  • Article   19.12 Trade and Responsible Business Conduct and Supply Chain Management 19
  • Article   19.13 Scientific and Technical Information 19
  • Article   19.14 Transparency 19
  • Article   19.15 Committee on Trade and Sustainable Development 19
  • Article   19.16 Contact Points 19
  • Chapter   20 MAORI TRADE AND ECONOMIC COOPERATION 19
  • Article   20.1 Definitions 19
  • Article   20.2 Context and Purpose 20
  • Article   20.4 Provisions Across this Agreement Benefitting Maori 20
  • Chapter   2 National Treatment and Market Access for Goods), Including Manuka, Manuka Honey, Manuka Oil and other Goods of Interest to Maori;NZ/EU/en 417 20
  • Chapter   7 Sustainable Food Systems), Including Cooperation on Indigenous Knowledge, Participation, and Leadership In Food Systems, In Line with National Circumstances Under Article 7.4 (Cooperation to Improve the Sustainability of Food Systems); 20
  • Chapter   10 Trade In Services and Investment); 20
  • Chapter   12 Digital Trade); 20
  • Chapter   14 Public Procurement); 20
  • Chapter   18 Intellectual Property); 20
  • Chapter   19 Trade and Sustainable Development), Including Wahine Maori Under Article 19.4 (Trade and Gender Equality); 20
  • Chapter   21 Small and Medium-sized Enterprises); Chapter 24 (Institutional Provisions), Including Maori Representation In the Case of Aotearoa New Zealand In the Domestic Advisory Groups Referred to In Article 24.6 (Domestic Advisorygroups) and In the Civil Society Forum Under Article 24.7 (Civil Society Forum); and 20
  • Chapter   25 Exceptions and General Provisions), Including on Te Tiriti O Waitangi / the Treaty of Waitangi Under Article 25.6 (Tiriti O Waitangi / Treaty of Waitangi).NZ/EU/en 418 20
  • Article   20.5 Cooperation Activities 20
  • Article   20.6 Institutional Mechanism 20
  • Article   20.7 Non-application of Dispute Settlement 20
  • Chapter   26 Dispute Settlement) Does Not Apply to this Chapter. 20
  • Chapter   21 SMALL AND MEDIUM-SIZED ENTERPRISES 20
  • Article   21.1 Objectives the Parties Recognise the Importance of SMEs In the Parties’ Bilateral Trade and Investment Relations and Affirm Their Commitment to Enhance the Ability of SMEs to Benefit from this Agreement. ARTICLE 21.2 Information Sharing 20
  • Chapter   18 Intellectual Property);business Registration Procedures; and 20
  • Article   21.3 SME Contact Points 1. Each Party Shall Designate an SME Contact Point Responsible for Carrying Out the Functions Listed In this Article and Shall Notify the other Party of the Contact Details for the SME Contact Point. Each Party Shall Promptly Notify the other Party of Any Change of Those Contact Details.2. SME Contact Points Shall: 20
  • Article   21.4 Non-application of Dispute Settlement 21
  • Chapter   26 Dispute Settlement) Does Not Apply to this Chapter.NZ/EU/en 427 21
  • Chapter   22 GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION 21
  • Article   22.1 General Principles 1. Each Party Shall Be Free to Determine Its Approach to Good Regulatory Practices and Regulatory Cooperation Under this Agreement In a Manner Consistent with Its Own Legal Framework, Practice and Fundamental Principles! Underlying Its Regulatory Management System. 2. Nothing In this Chapter Shall Be Construed as to Require a Party to:(a) Deviate from Domestic Procedures for Preparing and Adopting Regulatory Measures; 21
  • Article   22.2 Definitions 21
  • Article   22.3 Scope 21
  • Article   22.4 Transparency of Processes and Mechanisms 21
  • Article   22.5 Internal Coordination of Regulatory Development! 21
  • Article   22.7 Public Consultation 21
  • Article   22.8 Impact Assessment 21
  • Article   22.9 Periodic Review of Regulatory Measures In Effect 21
  • Article   22.10 Access to Regulatory Measures 21
  • Article   22.11 Regulatory Cooperation 21
  • Article   22.13 Non-application of Dispute Settlement 21
  • Chapter   26 Dispute Settlement) Does Not Apply to this Chapter. 21
  • Chapter   23 TRANSPARENCY 21
  • Article   23.1 Objectives 1. Recognising the Impact That Their Respective Regulatory Environments May Have on Trade and Investment between Them, the Parties Aim to Provide a Predictable Regulatory Environment Andefficient Procedures for Economic Operators, Especially SMEs. 21
  • Article   23.2 Definition for the Purposes of this Chapter, "administrative Decision" Means a Decision or Action with Legal Effect That Applies to a Specific Person, Good or Service In an Individual Case and Covers the Failure to Take an Administrative Decision When That Is so Required by the Law of a Party. ARTICLE 23.3 Publication 1. Each Party Shall Ensure That Its Laws, Regulations, Procedures and Administrative Rulings of General Application with Respect to Any Matter Covered by this Agreement Are Promptly Published Via an Officially Designated Medium and, Where Feasible, by Electronic Means, or Otherwise Made Available In such a Manner as to Enable Any Person to Become Acquainted with Them. 2. to the Extent Possible and Appropriate, Each Party Shall Provide an Explanation of Theobjective of, and Rationale for, the Laws, Regulations, Procedures and Administrative Rulings of 21
  • Article   23.4 Enquiries 21
  • Article   23.6 Appeal and Review 21
  • Article   23.7 Relation to other Chapters 22
  • Chapter   24 INSTITUTIONAL PROVISIONS 22
  • Article   24.1 Trade Committee 22
  • Article   24.2 Functions of the Trade Committee 22
  • Article   24.5 Decisions and Recommendations);communicate on Matters Related to this Agreement with All Interested Parties Including Private 22
  • Article   53 Of the Partnership Agreement of Its Activities and Those of Its Specialised Committeesor other Bodies, as Relevant, at the Regular Meetings of That Joint Committee. 22
  • Article   24.3 Amendment of this Agreement by the Trade Committee 22
  • Article   9.10 For the Systematic Exchange of Information In Relation to the Safety of Non- Food Products and Related Preventive, Restrictive and Corrective Measures), Annex 9-D (Arrangement Referred to In Article 9.10(6) for the Regular Exchange of Information Regarding Measures Taken on Non-compliant Non-food Products, other Than Those Covered by Point (b) of Article 9.10(5)) and Annex 9-E (Wine and Spirits);the Mutual Recognition Instrument Referred to In Article 10.39(5) (Mutual Recognition of 22
  • Article   10.9 Performance Requirements) and Annex 10-a (Existing Measures) and 22
  • Article   19.3 And (4) (Multilateral Labour Standards and Agreements) of Chapter 19 (Trade and Sustainable Development),Annex 24 (Rules of Procedure of the Trade Committee); 22
  • Article   24.4 Specialised Committees 22
  • Article   24.5 Decisions and Recommendations 23
  • Article   24.6 Domestic Advisory Groups 23
  • Article   24.7 Civil Society Forum 1. the Parties Shall Facilitate the Organisation of a Civil Society Forum to Conduct a Dialogue on the Implementation of this Agreement and Shall Agree at the First Meeting of the Trade Committee on Operational Guidelines for the Conduct of the Civil Society Forum. 2. the Civil Society Forum Shall Endeavour to Meet In Conjunction with the Meeting of TheTrade Committee. the Parties May Also Facilitate Participation In the Civil Society Forum by Virtual 23
  • Chapter   25 EXCEPTIONS AND GENERAL PROVISIONS 23
  • Article   25.1 General Exceptions1. for the Purposes of Chapter 2 (National Treatment and Market Access for Goods), 23
  • Chapter   4 Customs and Trade Facilitation), Section B (Investment Liberalisation) of 23
  • Chapter   10 Trade In Services and Investment), Chapter 12 (Digital Trade), Chapter 13 (Energy and Raw Materials) and Chapter 17 (State-owned Enterprises), Article XX of GATT 1994 and Its Interpretative Notes and Supplementary Provisions Are Incorporated Into and Made Part of ThisAgreement, Mutatis Mutandis. 23
  • Chapter   10 Trade In Services and Investment), Chapter 11 (Capital Movements, Payments and Transfers), Chapter 12 (Digital Trade), Chapter 13 (Energy and Raw Materials) and Chapter 17 (State- Owned Enterprises) Shall Be Construed to Prevent the Adoption or Enforcement by Either Party Ofmeasures: 23
  • Article   25.2 Security Exceptions 23
  • Article   25.3 Taxation 23
  • Article   25.4 23
  • Article   25.5 Temporary Safeguard Measures 1. In Exceptional Circumstances of Serious Difficulties for the Operation of the Union's Economic and Monetary Union, or the Threat Thereof, the Union May Adopt or Maintain Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers for a Period That Does Not Exceed Six Months. 2. Any Temporary Safeguard Measure Adopted or Maintained Under Paragraph 1 Shall Be Limitedto the Extent That Is Strictly Necessary and Shall Not Constitute a Means of Arbitrary or Unjustified 23
  • Article   25.6 Tiriti O Waitangi / Treaty of Waitangi 23
  • Article   25.7 Disclosure of Information 23
  • Article   25.8 WTO Waivers If a Right or Obligation In this Agreement Duplicates One In the WTO Agreement, Any Measure Takenin Conformity with a Decision to Grant a Waiver Adopted Pursuant to Article IX of the WTO 23
  • Chapter   26 DISPUTE SETTLEMENT 23
  • Section   SECTION A OBJECTIVE AND SCOPE 23
  • Article   26.1 Objective the Objective of this Chapter Is to Establish an Effective and Efficient Mechanism for Avoiding Andsettling Any Dispute between the Parties Concerning the Interpretation and Application of this 23
  • Article   26.2 Scope 23
  • Section   Sections B (Anti-dumping and Countervailing Duties) and C (Global Safeguard Measures) of Chapter 5 (Trade Remedies); 23
  • Chapter   15 Competition Policy); 23
  • Article   16.6 Consultations); 23
  • Chapter   20 Maori Trade and Economic Cooperation); 23
  • Chapter   21 Small and Medium-sized Enterprises); 24
  • Chapter   22 Good Regulatory Practice and Regulatory Cooperation); AndNZ/EU/en 467 24
  • Section   SECTION B CONSULTATIONS 24
  • Article   26.3 Consultations 24
  • Section   SECTION C PANEL PROCEDURES 24
  • Article   26.4 Initiation of Panel Procedures 24
  • Article   26.5 Establishment of a Panel 24
  • Article   26.6 Lists of Panellists 24
  • Chapter   19 Trade and Sustainable Development) (hereinafter Referred to as "TSD List").2. Each of the Lists Referred to In Points (a) and (b) of Paragraph 1 Shall Be Composed of the 24
  • Article   26.5 Establishment of a Panel).NZ/EU/en 474 24
  • Article   26.7 Requirements for Panellists 24
  • Article   26.8 Functions of the Panel 24
  • Article   26.9 Terms of Reference of the Panel 24
  • Article   26.10 Decision on Urgency 24
  • Article   26.9 Terms of Reference of the Panel). 24
  • Article   26.11 Interim Report 24
  • Article   26.12 Final Report 24
  • Article   26.14 Reasonable Period of Time 24
  • Article   26.15 Compliance Review 1. the Party Complained Against Shall, No Later Than at the Date of Expiry of the Reasonable Periodof Time, Deliver a Notification to the Complaining Party of Any Measure That It Has Taken to Comply 24
  • Article   26.16 Temporary Remedies 1. the Party Complained Against Shall, If Requested by the Complaining Party, Enter Into Consultations with the Complaining Party with a View to Agreeing on Mutually Acceptablecompensation, If: 24
  • Article   26.17 Review of Any Measure Taken to Comply 25
  • Article   26.18 Replacement of Panellists 25
  • Article   26.19 Rules of Procedure for Dispute Settlement 25
  • Article   26.20 Suspension and Termination 25
  • Article   26.21 Right to Seek and Receive Information 25
  • Article   26.22 Rules of Interpretation 25
  • Article   26.23 Reports and Decisions of the Panel 25
  • Article   26.24 Choice of Forum 25
  • Section   SECTION D MEDIATION 25
  • Article   26.25 Mediation the Parties May Have Recourse to Mediation with Regard to Any Measure That a Party Considers to Beadversely Affecting Trade and Investment between the Parties. the Mediation Procedure Is Set Out In 25
  • Section   SECTION E COMMON PROVISIONS 25
  • Article   26.26 Mutually Agreed Solution 25
  • Article   26.27 Time Periods1. All Time Periods Set Out In this Chapter Shall Be Counted In Calendar Days from the Day 25
  • Article   26.29 Amendment of the Annexes 25
  • Chapter   27 FINAL PROVISIONS 25
  • Article   27.1 Amendments 25
  • Article   27.2 Entry Into Force 25
  • Article   27.3 Termination 25
  • Article   27.4 Fulfilment of Obligations 25
  • Article   27.5 Delegated Authority 25
  • Article   27.6 No Direct Effect 25
  • Article   27.7 Laws and Regulations and Amendments Thereto 25
  • Article   27.8 Integral Parts of this Agreement 25
  • Article   27.9 Authentic Texts 25
  • Annex 10-A  EXISTING MEASURES 25
  • 10.5 Market Access) or 10.14 (Market Access); 26
  • 10.6 National Treatment) or 10.16 (National Treatment); 26
  • 10.7 Most-favoured-nation Treatment) or 10.17 (Most-favoured-nation Treatment); 26
  • 10.8 Senior Management and Boards of Directors); 26
  • 10.9 Performance Requirements); or 26
  • 10.15 Local Presence).EU/NZ/Annex 10-a/en 1 26
  • Chapter   Chapter: Level of Government: 27
  • Chapter   Chapter: Level of Government: 28
  • 78 Of Council Regulation (EC) No 6/2002 of 12 December 2001?. 29
  • Chapter   Chapter: Level of Government: 31
  • Chapter   Chapter: Level of Government: 33
  • Chapter   Chapter: Level of Government: 33
  • Chapter   Chapter: Level of Government: 33
  • 148 Paragraph 2, Road Traffic Act;Water Act; and 34
  • Chapter   Chapter: Level of Government: 35
  • Chapter   Chapter: Trade In Services and Investment Level of Government: EU / Member State (unless Otherwise Specified) 35
  • Chapter   Chapter: Level of Government: 35
  • Chapter   Chapter: Trade In Services and Investment Level of Government: EU / Member State (unless Otherwise Specified) Description: with Respect to Investment Liberalisation — Market Access, National Treatment, Senior Management 36
  • Chapter   Chapter: Level of Government: 36
  • Chapter   Chapter: Level of Government: 36
  • Section   1 And 10, 1998:293).SK: Act 39/2015 on Insurance. 37
  • Chapter   Chapter: Level of Government: 37
  • Chapter   Chapter: Level of Government: 38
  • 50 Of the Law 4403/2016; and 38
  • 47 Of the Law 4582/2018 (Gov. Gazette 208/a).EU/NZ/Annex 10-a/en 182 38
  • Chapter   Chapter: Level of Government: 39
  • Chapter   Chapter: Level of Government: 39
  • Chapter   Chapter: Level of Government: 40
  • Chapter   Chapter: Level of Government: 41
  • Chapter   Chapter: All Sectors 44
  • Chapter   Chapter: 45
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 38 46
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 52 47
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 54 47
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 61 47
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 66 47
  • Chapter   Chapter: Description: 48
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 73 48
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 77 48
  • 22 Vocational Education and Training Act.FI: Perusopetuslaki (Basic Education Act) (628/1998); 48
  • Chapter   Chapter: Description: 49
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 83 49
  • 10.63 Definitions) Relating to Banking and other Financial Services, but Not Intermediation as Described In That Article.EU/NZ/Annex 10-B/en 94 50
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 108 51
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 115 51
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 117 51
  • Chapter   Chapter: Transport Services 51
  • Chapter   Chapter: 53
  • 25 And 36 (a) of Law on Hunting and Game Protection.EU/NZ/Annex 10-B/en 141 53
  • Chapter   Chapter: 53
  • Chapter   Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 166 55