EU - New Zealand FTA (2023)
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(b) any internal tax or other charge on a good exported to the other Party that is in excess of the tax or charge that would be imposed on like goods when destined for domestic consumption.

2. Nothing in this Article shall prevent a Party from imposing a fee or charge that is permitted under Article 2.8 (Fees and formalities) on the exportation of a good.

Article 2.8. Fees and Formalities

1. Each Party shall ensure, in accordance with Article VII:1 of GATT 1994, including its interpretative Notes and Supplementary Provisions, that all fees and other charges of whatever character imposed by a Party on, or in connection with, importation or exportation of goods are limited in amount to the approximate cost of services rendered, and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.

2. A Party shall not levy the fees and other charges of whatever character referred to in paragraph 1 on an ad valorem basis.

3. Each Party shall promptly publish all fees and other charges of whatever character it imposes on, or in connection with, importation or exportation of goods in such a manner as to enable governments, traders and other interested parties to become acquainted with them.

4. A Party shall not require a consular transaction, including related fees and other charges of whatever character, in connection with the importation of any good of the other Party.

5. For the purposes of this Article, fees or other charges of whatever character do not include export taxes, customs duties, charges equivalent to an internal tax, or other internal charges imposed consistently with Article II:2 of GATT 1994, or anti-dumping or countervailing duties.

Article 2.9. Repaired or Altered Goods

1. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters the Party's territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether that repair or alteration could have been performed in the territory of the Party from which the good was exported for repair or alteration.

2. Paragraph 1 does not apply to a good imported in bond, into free trade zones, or in similar status, that is then exported for repair or alteration and is not reimported in bond, into free trade zones, or in similar status.

3. A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration.

Article 2.10. Remanufactured Goods

1. A Party shall not accord to remanufactured goods of the other Party treatment that is less favourable than that which the Party accords to equivalent goods, when new.

2. For greater certainty, Article 2.11 (Import and export restrictions) applies to import or export prohibitions or restrictions on the importation or exportation of remanufactured goods. If a Party adopts or maintains import or export prohibitions or restrictions on the importation or exportation of used goods, it shall not apply such measures to remanufactured goods.

3. A Party may require that remanufactured goods be identified as such for distribution or sale in its territory and that the goods meet all applicable technical requirements that apply to equivalent goods, when new.

Article 2.11. Import and Export Restrictions

1. A Party shall not adopt or maintain any prohibitions or restrictions on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994, including its interpretative Notes and Supplementary Provisions. To that end, Article XI of GATT 1994 and its interpretative Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis.

2. A Party shall not adopt or maintain:

(a) export and import price requirements (1), except as permitted in enforcement of countervailing and anti-dumping duty orders and undertakings; or

(b) import licensing conditioned on the fulfilment of a performance requirement.

(1) For greater certainty, this point is not meant to prevent a Party from relying on the price of imports in order to determine the applicable rate of a customs duty in accordance with this Agreement.

Article 2.12. Origin Marking

1. If New Zealand requires a mark of origin on the importation of goods from the Union, New Zealand shall accept the origin mark "Made in the EU" under conditions that are no less favourable than those applied to marks of origin of a Member State.

2. For the purposes of the origin mark "Made in the EU", New Zealand shall treat the Union as a single territory.

Article 2.13. Import Licensing Procedures

1. Each Party shall adopt and administer any import licensing procedures in accordance with Articles 1 to 3 of the Import Licensing Agreement. To that end, Articles 1 to 3 of the Import Licensing Agreement are incorporated into and made part of this Agreement, mutatis mutandis.

2. A Party that adopts a new import licensing procedure or modifies an existing import licensing procedure, shall notify the other Party of such adoption or modification without delay and in any event no later than 60 days after the date of the publication of the relevant procedure. The notification shall include the information specified in Article 5(2) of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this notification obligation if it notifies the adoption of a new import licensing procedure, or a modification of an existing import licensing procedure, to the WTO Committee on Import Licensing established by Article 4 of the Import Licensing Agreement, including the information specified in Article 5(2) of that Agreement.

3. Upon request of a Party, the other Party shall promptly provide any relevant information, including the information specified in Article 5(2) of the Import Licensing Agreement, regarding any import licensing procedure that it intends to adopt or that it maintains as well as any modification of an existing import licensing procedure.

4. If a Party denies an application for an import licence with respect to a good of the other Party, it shall, on request, and within a reasonable period of time after receiving the request, provide the applicant with a written explanation of the reason for the denial.

Article 2.14. Export Licensing Procedures

1. Each Party shall publish any new export licensing procedure, or any modification of an existing export licensing procedure, in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, whenever ptacticable, 45 days before the new export licensing procedure or any modification of an existing export licensing procedure takes effect, and in any event no later than the date on which the new export licensing procedure or any modification of an existing export licensing procedure takes effect.

2. Each Party shall ensure that it includes the following information in its publication of export licensing procedures:

(a) the texts of its export licensing procedures, or of any modifications the Party makes to those procedures;

(b) the goods subject to each export licensing procedure;

(c) for each export licensing procedure, a description of the process for applying for a licence and any criteria an applicant must meet to be eligible to apply for a licence, such as possessing an activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in the territory of a Party;

(d) a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence;

(e) the administrative body or bodies to which an application for a licence or other relevant documentation is to be submitted;

(f) a description of any measure or measures being implemented through the export licensing procedure;

(g) the period during which each export licensing procedure will be in effect, unless the export licensing procedure will remain in effect until withdrawn or revised, resulting in a new publication;

(h) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, if applicable, the value of the quota and the opening and closing dates of the quota; and

(i) any exemptions or exceptions that replace the requirement to obtain an export licence, how to request or use those exemptions or exceptions, and the criteria for granting them.

3. Within 30 days after the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. A Party that adopts new export licensing procedures, or modifications of existing licensing procedures, shall notify the other Party of such adoption or modification within 60 days after the publication of any new export licensing procedure or any modification of an existing licensing procedure. The notification shall include the reference to the source or sources where the information specified in paragraph 2 is published and, if appropriate, the address of the relevant government website or websites.

4. For greater certainty, nothing in this Article requires a Party to grant an export licence, or prevents a Party from implementing its commitments under United Nations Security Council resolutions, as well as under multilateral non-proliferation regimes and export control arrangements, including:

(a) the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, done at the Hague on 19 December 1995;

(b) the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris on 13 January 1993;

(c) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at London, Moscow and Washington on 10 April 1972;

(d) the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968; and

(e) the Australia Group, the Nuclear Suppliers Group, and the Missile Technology Control Regime.

Article 2.15. Preference Utilisation Rates

1. For the purpose of monitoring the functioning of this Agreement and calculating preference utilisation rates, the Parties shall annually exchange comprehensive import statistics for a period starting one year after the date of entry into force of this Agreement until 10 years after the tariff elimination is completed for all goods in accordance with Annex 2-A (Tariff elimination schedules). Unless the Trade Committee decides otherwise, that period shall be automatically extended for five years, and thereafter the Trade Committee may decide to extend it further.

2. The exchange of import statistics shall cover data pertaining to the most recent year available, including value and, if applicable, volume, at the tariff line level for imports of goods of the other Party benefitting from preferential duty treatment under this Agreement and for the import of those goods that received non-preferential treatment including under the different regimes used by the Parties upon importation. Such statistics as well as preference utilisation rates may be presented for an exchange of views to the Trade Committee.

Article 2.16. Temporary Admission

1. For the purposes of this Article, the term "temporary admission" means the customs procedure under which certain goods, including means of transport, can be brought into the territory of a Party with conditional relief from the payment of import duties and taxes and without the application of import prohibitions or restrictions of an economic character, on the condition that the goods are imported for a specific purpose and are intended for re-exportation within a specified period without having undergone any change except normal depreciation due to the use made of those goods.

2. Each Party shall grant temporary admission in accordance with its laws, regulations or procedures, to the following goods, regardless of their origin:

(a) professional equipment, including equipment for the press or television, software, and broadcasting and cinematographic equipment, necessary for carrying out the business activity, trade, or profession of a person visiting the territory of the other Party to perform a specified task;

(b) goods, including their component parts, ancillary apparatus, and accessories, intended for display or use at exhibitions, fairs, meetings or similar events;

(c) commercial samples and advertising films and recordings (recorded visual media or audio materials, consisting essentially of images or sound showing the nature or operation of goods or services offered for sale or lease by a person established or resident in the territory of a Party provided that such materials are of a kind suitable for exhibition to prospective customers but not for broadcast to the general public); and

(d) goods imported for sports purposes, including contests, demonstrations, training, racing or similar events.

3. For the temporary admission of the goods listed in paragraph 2, each Party shall accept A.T.A. camets issued in the other Party, endorsed there and guaranteed by an association forming part of the international guarantee chain, certified by the competent authorities and valid in the territory of the importing Party.

4. Each Party shall determine the period during which goods may remain under the temporary admissions procedure. The initial period may be extended autonomously by a Party.

5. Each Party may require that the goods benefiting from temporary admission:

(a) be used solely by or under the personal supervision of a national or resident of the other Party in the exercise of the business activity, trade, profession, or sport carried out by that national or resident;

(b) not be sold, leased, disposed of, or transferred while in its territory;

(c) be accompanied by a security that is consistent with the importing Party's obligations under the relevant international customs conventions to which it has acceded;

(d) be identified when imported and exported;

(e) be exported on or before the departure of the national or resident referred to in point (a), or within a period related to the purpose of the temporary admission that the Party may establish, or within one year, unless extended;

(f) be admitted in no greater quantity than is reasonable for its intended use; or

(g) be otherwise admissible into the territory of the Party under its law.

6. If any condition that a Party may impose under paragraph 5 has not been fulfilled, the Party may apply the customs duty and any other charge that would normally be owed on the good as well as any other charges or penalties provided for under its law.

7. Each Party shall allow a good temporarily admitted under this Article to be re-exported through a customs authorised point of departure other than that through which it was admitted.

8. A Party shall relieve the importer or other person responsible for a good temporarily admitted under this Article of liability for failure to export a good temporarily admitted under this Article on presentation of satisfactory proof to the importing Party that the good temporarily admitted under this Article has been destroyed or irretrievably lost, in accordance with the customs legislation of that Party.

Article 2.17. Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Material

1. Each Party shall, in accordance with its laws, regulations or procedures, grant duty-free entry to commercial samples of negligible value and printed advertising material imported from the other Party, regardless of their origin.

2. A Party may define commercial samples of negligible value as:

(a) having a value, individually or in the aggregate as shipped, of not more than the amount specified in the law of a Party; or

(b) being so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or use except as commercial samples.

3. Printed advertising materials are defined as goods classified in HS Chapter 49, including brochures, pamphlets, leaflets, trade catalogues, yearbooks published by trade associations, tourist promotional materials, and posters, that are used to promote, publicise, or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge.

Article 2.18. Specific Measures Concerning the Management of Preferential Treatment

1. The Parties shall cooperate in preventing, detecting and combating breaches of customs legislation related to the preferential treatment granted under this Chapter in accordance with Chapter 3 (Rules of origin and origin procedures) and Titles I, III, IV and V of the CCMAA.

2. A Party may temporarily suspend the relevant preferential treatment of the goods concerned in accordance with the procedure laid down in paragraphs 3 to 5, if:

(a) that Party has made a finding, on the basis of objective, compelling and verifiable information, that systematic and sectoral breaches of customs legislation related to the preferential treatment granted under this Chapter, resulting in a significant loss of revenue to that Party, have been committed; and

(b) the other Party repeatedly and unjustifiably refuses or otherwise fails to cooperate with respect to the breaches of customs legislation referred to in point (a).

3. The Party that has made a finding as referred to in point (a) of paragraph 2 shall, without undue delay, notify the Trade Committee and enter into consultations with the other Party within the Trade Committee with a view to reaching a mutually acceptable solution.

4. If the Parties fail to agree on an acceptable solution within three months after the notification as referred to in paragraph 3, the Party that made the finding may decide to temporarily suspend the relevant preferential treatment of the goods concerned. The temporary suspension shall apply to only those traders that both Parties during the consultations referred to in paragraph 3 have identified and have agreed that those traders were involved in the breaches of customs legislation. Such temporary suspension shall be notified to the Trade Committee without undue delay.

5. If a Party has made a finding as referred to in point (a) of paragraph 2 and within three months following the notification as referred to in paragraph 4 has established that the temporary suspension as referred to in paragraph 4 has been ineffective in combatting breaches of customs legislation related to the preferential treatment granted under this Chapter, the Party may decide to temporarily suspend the relevant preferential treatment of the goods concerned. The Party may also decide to temporarily suspend the relevant preferential treatment of the goods concerned if, during the consultations referred to in paragraph 3, the Parties were unable to identify and agree on the traders involved in the breaches of customs legislation. This temporary suspension shall be notified to the Trade Committee without undue delay.

6. The temporary suspensions referred to in this Article shall apply only for the period necessary to protect the financial interests of the Party concerned, and in any case they shall not apply longer than six months. If the conditions that gave rise to the initial temporary suspension persist at the expiry of the six month period, the Party concerned may decide to renew the temporary suspension after notifying the other Party. Any such suspension shall be subject to periodic consultations within the Trade Committee.

7. Each Party shall publish, in accordance with its internal procedures, notices to importers about any decision concerning temporary suspensions referred to in this Article.

8. Notwithstanding paragraph 5, if an importer is able to satisfy the customs authority of the importing Party that the goods concerned are fully compliant with the customs law of the importing Party, the requirements of this Agreement, and any other conditions related to the temporary suspension established by the importing Party in accordance with its law, the importing Party shall allow the importer to apply for preferential treatment and recover any duties paid in excess of the applicable preferential tariff rates when the goods concerned were imported.

Article 2.19. Committee on Trade In Goods

1. This Article complements and further specifies Article 24.4 (Specialised committees).

2. The functions of the Committee on Trade in Goods, with respect to this Chapter, shall include:

(a) promoting trade in goods between the Parties, including through consultation on accelerating tariff elimination under this Agreement;

(b) promptly addressing barriers to trade in goods between the Parties;

(c) without prejudice to Chapter 26 (Dispute settlement), consulting on and endeavouring to resolve any issues relating to this Chapter, including differences that may arise between the Parties on matters related to the classification of goods under the Harmonized System and Annex 2-A (Tariff elimination schedules), or to an amendment to the Harmonized System Code Structure or each Party's respective nomenclatures, to ensure that the obligations of each Party pursuant to Annex 2-A (Tariff elimination schedules) are not altered;

(d) monitoring preference utilisation rates and statistics, the data of which may be presented for an exchange of views by the Committee on Trade in Goods to the Trade Committee; and

(e) working with any specialised committee or other body established or granted authority to act under this Agreement on issues that may be relevant to that specialised committee or other body, as appropriate.

Article 2.20. Contact Points

Within 90 days after the date of entry into force of this Agreement, each Party shall designate a contact point to facilitate communication between the Parties on matters covered by this Chapter and shall notify the other Party of the contact details for the contact point. Each Party shall promptly notify the other Party of any change of those contact details.

Chapter 3. RULES OF ORIGIN AND ORIGIN PROCEDURES

Section A. RULES OF ORIGIN

Article 3.1. Definitions

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

(a) "consignment" means a product that is either sent simultaneously from a consignor to a consignee or covered by a single transport document covering a shipment from the consignor to the consignee or, in the absence of such a document, by a single invoice;

(b) "exporter" means a person, located in a Party, who, in accordance with the requirements laid down in the law of that Party, exports or produces the originating product and makes out a statement on origin;

(c) "importer" means a person who imports the originating product and claims preferential tariff treatment for it;

(d) "material" means any substance used in the production of a product, including any ingredient, raw material, component or part;

(e) "non-originating material" means a material that does not qualify as originating under this including a material whose originating status cannot be determined;

(f) "product" means the result of production, even if it is intended for use as a material in the production of another product; and

(g) "production" means any kind of working or processing, including assembly.

Article 3.2. General Requirements for Originating Products

1. For the purpose of applying preferential tariff treatment by a Party to an originating good of the other Party in accordance with this Agreement, provided that a product satisfies all other applicable requirements of this Chapter, a product shall be considered as originating in the other Party if it is:

(a) wholly obtained in that Party within the meaning of Article 3.4 (Wholly obtained products);

(b) produced in that Party exclusively from originating materials; or

(c) produced in that Party incorporating non-originating materials provided that the product satisfies the requirements set out in Annex 3-B (Product-specific rules of origin).

2. If a product has acquired originating status, the non-originating materials used in the production of that product shall not be considered as non-originating materials when that product is incorporated as a material in another product. 3. The acquisition of originating status shall be fulfilled without interruption in New Zealand or the Union.

Article 3.3. Cumulation of Origin

1. A product originating in a Party shall be considered as originating in the other Party if that product is used as a material in the production of another product in that other Party.

2. Production carried out in a Party on a non-originating material may be taken into account for the purpose of determining whether a product is originating in the other Party.

3. Paragraphs 1 and 2 do not apply if the production carried out in the other Party does not go beyond one or more of the operations referred to in Article 3.6 (Insufficient working or processing).

4. In order for an exporter to complete the statement on origin referred to in point (a) of Article 3.16(2) (Claim for preferential tariff treatment) for a non-originating material, the exporter shall obtain from its supplier a supplier's declaration as provided for in Annex 3-D (Supplier'sdeclaration referred to in Article 3.3(4) (Cumulation of origin)) or an equivalent document that contains the same information describing the non-originating materials concerned in sufficient detail to enable them to be identified.

Article 3.4. Wholly Obtained Products

1. The following shall be considered as wholly obtained in a Party:

(a) a mineral or naturally occurring substance extracted or taken from the soil or the seabed of a Party;

(b) a plant or vegetable grown or harvested in a Party;

(c) a live animal born and raised in a Party;

(d) a product obtained from a live animal raised in a Party;

(e) a product obtained from a slaughtered animal born and raised in a Party;

(f) a product obtained by hunting or fishing conducted in a Party, but not beyond the outer limits of the Party's territorial sea;

(g) a product obtained from aquaculture in a Party, if aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, are born or raised from seed stock, such as eggs, roes, fry, fingerlings or larvae, by intervention in the rearing or growth processes to enhance production, such as regular stocking, feeding or protection from predators;

(h) a product of sea fishing and other product taken in accordance with international law from the sea outside any territorial sea by a vessel of a Party;

(i) a product made aboard a factory ship of a Party exclusively from a product referred to in point (h);

(j) a product taken or extracted by a Party or a person of a Party from the seabed or subsoil outside any territorial sea, provided that Party or person of that Party has the right to work that seabed or subsoil in accordance with international law;

(k) waste or scrap resulting from manufacturing operations conducted in a Party;

(l) a used product collected in a Party and which is fit only for the recovery of raw materials, including such raw materials; and

(m) a product produced in a Party exclusively from the products referred to in points (a) to (1).

2. The terms "vessel of a Party" and "factory ship of a Party" in points (h) and (i) of paragraph 1 respectively refer only to a vessel or a factory ship which:

(a) is registered in a Member State or in New Zealand;

(b) sails under the flag of a Member State or of New Zealand; and

(c) meets one of the following conditions:

(i) itis at least 50 % owned by nationals of a Member State or of New Zealand; or

(ii) it is owned by one or more juridical persons each of which:

(A) has its head office and main place of business in a Member State or in New Zealand; and

(B) is at least 50 % owned by public entities or persons of a Member State or of New Zealand.

Article 3.5. Tolerances

1. If non-originating materials used in the production of a product do not satisfy the requirements set out in Annex 3-B (Product-specific rules of origin), the product shall be considered as originating in a Party, provided that:

(a) for all products, except for the products classified under HS Chapters 50 to 63, the value of non-originating materials used in the production of the products concerned does not exceed 10 % of the ex-works price of those products;

(b) for the products classified under HS Chapters 50 to 63, the tolerances set out in Notes 7 and 8 of Annex 3-A (Introductory notes to product-specific rules of origin) apply.

2. Paragraph 1 does not apply if the value or weight of non-originating materials used in the production of a product exceeds any of the percentages for the maximum value or weight of non- originating materials as specified in the requirements set out in Annex 3-B (Product-specific rules of origin).

3. Paragraph 1 does not apply to products wholly obtained in a Party within the meaning of Article 3.4 (Wholly obtained products). If Annex 3-B (Product-specific rules of origin) requires that the materials used in the production of a product are wholly obtained in a Party within the meaning of Article 3.4 (Wholly obtained products), paragraphs 1 and 2 apply.

  • 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