panel pursuant to Article 26.15 (Compliance review) finds a violation of: @) = Article 19.3(3) (Multilateral labour standards and agreements); or Gi) Article 19.6(3) (Trade and climate change), if the panel, in its decision finds that the
Party complained against failed to refrain from any action or omission that materially
defeats the object and purpose of the Paris Agreement.
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3. If in the circumstances set out in paragraphs 1 and 2, the complaining Party chooses not to request consultations in relation to compensation, or the Parties do not agree on compensation within 20 days after entering into consultations on compensation, the complaining Party may deliver a written notification to the Party complained against that it intends to suspend the application of obligations under the covered provisions. Such notification shall specify the level of
intended suspension of obligations.
4. The complaining Party may suspend the obligations 10 days after the date of delivery of the notification referred to in paragraph 3, unless the Party complained against delivers a written
request under paragraph 6.
5. The suspension of obligations shall not exceed the level equivalent to the nullification or
impairment caused by the violation.
6. If the Party complained against considers that the notified level of suspension of obligations exceeds the level equivalent to the nullification or impairment caused by the violation or that the conditions set out in paragraph 2 are not fulfilled, it may deliver a written request to the original panel before the expiry of the 10-day period provided for in paragraph 4 to decide on the matter. The panel shall deliver its decision on the level of the suspension of obligations or on whether the conditions set out in paragraph 2 are not fulfilled, to the Parties within 30 days after the date of that request. Obligations shall not be suspended until the panel has delivered its decision. The
suspension of obligations shall be consistent with that decision.
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7. The suspension of obligations or the compensation referred to in this Article shall be temporary and shall not be applied after:
(a) the Parties have reached a mutually agreed solution pursuant to Article 26.26 (Mutually
agreed solution);
(b) the Parties have agreed that the measure taken to comply brings the Party complained against
into conformity with the covered provisions; or
(c) any measure taken to comply which the panel has found to be inconsistent with the covered provisions has been withdrawn or amended so as to bring the Party complained against into
compliance with those provisions.
Article 26.17. Review of Any Measure Taken to Comply
after the adoption of temporary remedies
1. The Party complained against shall deliver a notification to the complaining Party of any measure it has taken to comply following the suspension of obligations or following the application of temporary compensation, as the case may be. With the exception of cases under paragraph 2, the complaining Party shall terminate the suspension of obligations within 30 days after the date of delivery of the notification. In cases where compensation has been applied, and with the exception of cases under paragraph 2, the Party complained against may terminate the application of such
compensation within 30 days after delivery of its notification that it has complied.
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2. Ifthe Parties do not reach an agreement on whether the notified measure brings the Party complained against into compliance with the covered provisions within 30 days after the date of delivery of the notification, either Party may deliver a written request to the original panel to decide on the matter, failing which the suspension of obligations or the compensation, as the case may be, shall be terminated. The panel shall deliver its decision to the Parties within 46 days after the date of the delivery of the request. If the panel finds that the measure taken to comply is in conformity with the covered provisions, the suspension of obligations or compensation, as the case may be, shall be terminated. Where relevant, the complaining Party shall adjust the level of suspension of
obligations or of compensation in light of the panel decision.
3. Ifthe Party complained against considers that the level of suspension of obligations implemented by the complaining Party exceeds the level equivalent to the nullification or impairment caused by the violation, it may deliver a written request to the original panel to decide
on the matter.
Article 26.18. Replacement of Panellists
If during any dispute settlement procedure under this Section a panellist is unable to participate, withdraws, or needs to be replaced because he or she does not comply with Annex 26-B (Code of conduct for panellists and mediators), the procedure provided for in Article 26.5 (Establishment of a panel) applies and any replacement panellist shall have all the powers and duties of the original panellists. The time period for the delivery of the report or decision of the panel shall be extended
for the time necessary for the appointment of the new panellist.
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Article 26.19. Rules of Procedure for Dispute Settlement
1. Panel procedures shall be governed by this Section and Annex 26-A (Rules of procedure for dispute settlement).
2. Any hearing of the panel shall be open to the public unless otherwise provided in
Annex 26-A (Rules of procedure for dispute settlement).
Article 26.20. Suspension and Termination
1. At the request of both Parties, the panel shall suspend its work at any time for a period agreed
by the Parties which does not exceed 12 consecutive months.
2. The panel shall resume its work before the expiry of the suspension period at the written request of both Parties, or at the expiry of the suspension period at the written request of either Party. The requesting Party shall deliver a notification to the other Party accordingly. If the panel does not resume its work at the expiry of the suspension period in accordance with this paragraph,
the authority of the panel shall lapse and the dispute settlement procedure shall be terminated.
3. Ifthe work of the panel is suspended, the relevant time periods set out in this Section shall be extended by the same period of time for which the work of the panel was suspended.
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Article 26.21. Right to Seek and Receive Information
1. At the request of a Party, or upon its own initiative, the panel may seek from the Parties, relevant information it considers necessary and appropriate. The Parties shall respond promptly and
fully to any request by the panel for such information.
2. Upon the request of a Party or on its own initiative, the panel may seek any information it deems appropriate from any source. The panel also has the right to seek the opinion of experts, as it
deems appropriate, and subject to any terms and conditions agreed by the Parties, where applicable.
3. With regard to matters related to compliance with multilateral agreements and instruments referred to in Chapter 19 (Trade and sustainable development), the opinions of external experts or information requested by the panel should include information and advice from the ILO or relevant
organisations or bodies established under MEAs. 4. The panel shall consider amicus curiae submissions from natural persons of a Party or legal persons established in a Party in accordance with Annex 26-A (Rules of procedure for dispute
settlement).
5. Any information or opinion obtained by the panel pursuant to this Article shall be disclosed to
the Parties and the Parties may provide comments thereon.
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Article 26.22. Rules of Interpretation
1. The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969. 2. The panel shall also take into account relevant interpretations in reports of WTO panels and the WTO Appellate Body adopted by the Dispute Settlement Body of the WTO, as well as in arbitration awards under the DSU. 3. Reports and decisions of the panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.
Article 26.23. Reports and Decisions of the Panel
1. The deliberations of the panel shall be kept confidential. The panel shall make every effort to draft reports and take decisions by consensus. If this is not possible, the panel shall decide by
majority vote. In no case shall separate opinions of panellists be disclosed.
2. The decisions and reports of the panel shall be accepted unconditionally by the Parties. They shall not create any rights or obligations with respect to natural or legal persons.
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3. Each Party shall make the reports and decisions of the panel and its submissions publicly
available, subject to the protection of confidential information.
4. The panel and the Parties shall treat as confidential any information submitted by a Party to the panel in accordance with Rules 34 to 36 of Annex 26-A (Rules of procedure for dispute
settlement).
Article 26.24. Choice of Forum
1. Ifa dispute arises regarding a particular measure in alleged breach of the covered provisions and a substantially equivalent obligation under any other international trade agreement to which both Parties are party, including the WTO Agreement, the Party seeking redress shall select the forum in which to settle the dispute.
2. Once a Party has selected the forum and initiated dispute settlement procedures under this Section or under any other international trade agreement, that Party shall not initiate dispute settlement procedures under any other agreement with respect to the particular measure referred to in paragraph 1 of this Article, unless the forum selected first fails to make findings for procedural or
jurisdictional reasons.
3. For the purposes of this Article:
(a) the dispute settlement procedures under this Section are deemed to be initiated by a Party's
panel request in accordance with Article 26.4 (Initiation of panel procedures);
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(b) the dispute settlement procedures under the WTO Agreement are deemed to be initiated by a Party's panel request in accordance with Article 6 of the DSU; and
(c) the dispute settlement procedures under any other international trade agreement are deemed to
be initiated in accordance with the relevant provisions of that agreement. 4. Nothing in this Agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under the dispute settlement procedures of any other international trade agreement to which the disputing Parties are party. A Party shall not invoke the WTO Agreement or any other international trade agreement between the Parties to preclude the other Party from suspending obligations pursuant to this Chapter.
Section SECTION D MEDIATION
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
Annex 26-C (Rules of procedure for mediation).
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Section SECTION E COMMON PROVISIONS
Article 26.26. Mutually Agreed Solution
1. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 26.2 (Scope).
2. Ifa mutually agreed solution is reached during the panel procedures or mediation procedure, the Parties shall jointly notify that mutually agreed solution to the chairperson of the panel or the mediator, as applicable. Upon such notification, the panel procedures or the mediation procedure shall be terminated.
3. | Any mutually agreed solution reached by the Parties shall be made available to the public.
4. __ Each Party shall take any measure necessary to implement the mutually agreed solution within the agreed time period.
5. No later than at the expiry of the agreed time period the implementing Party shall inform the
other Party, in writing, of any measure it has taken to implement the mutually agreed solution.
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Article 26.27. Time Periods1. All Time Periods Set Out In this Chapter Shall Be Counted In Calendar Days from the Day
following the act to which they refer, unless otherwise specified. 2. Any time period set out in this Chapter may be modified by mutual agreement of the Parties. 3. As regards Section C (Panel procedures), the panel may at any time propose to the Parties to modify any time period set out in this Chapter, stating the reasons for the proposal. ARTICLE 26,28 Costs
1. Each Party shall bear its own expenses derived from its participation in the panel procedures
or mediation procedure.
2. Unless otherwise provided in Annex 26-A (Rules of procedure for dispute settlement), the Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the panellists and mediators. The remuneration of the panellists
and mediators shall be in accordance with WTO standards.
3. The Trade Committee may adopt a decision to set out the parameters or other details on the remuneration and the reimbursement of expenses of panellists and mediators, including any related costs that could be incurred in the proceedings. Pending such decision, the remuneration and the reimbursement of expenses of panellists and mediators and of any related costs shall be determined in accordance with Rule 10 of Annex 26-A (Rules of procedure for dispute settlement).
Article 26.29. Amendment of the Annexes
The Trade Committee may amend Annexes 26-A (Rules of procedure for dispute settlement) and 26-B (Code of conduct for panellists and mediators).
Chapter 27. FINAL PROVISIONS
Article 27.1. Amendments
1. The Parties may agree, in writing, to amend this Agreement.
2. Amendments to this Agreement shall enter into force on the first day of the second month, or on such later date as may be agreed by the Parties, following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for entry into force of such amendments.
3. The Trade Committee may amend this Agreement by decision, where provided for in Article 24.3 (Amendment of this Agreement by the Trade Committee). The decision of the Trade Committee shall either specify the date of entry into force of the amendments to this Agreement or, if required by a Party's domestic system, provide that such amendments enter into force after the notification in writing of the completion of any outstanding legal requirements and procedures of the Parties.
Article 27.2. Entry Into Force
1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement. The Parties may agree on another date of entry into force of this Agreement.
2. The written notifications referred to in paragraph 1 shall be sent to the Secretary-General of the Council of the European Union and to the Ministry of Foreign Affairs and Trade of New Zealand.
Article 27.3. Termination
1. This Agreement shall remain in force unless terminated pursuant to paragraph 2.
2. A Party may notify the other Party of its intention to terminate this Agreement. A notification to the Union shall be sent to the Secretary-General of the Council of the European Union and a notification to New Zealand shall be sent to the Ministry of Foreign Affairs and Trade of New Zealand. The termination of this Agreement shall take effect six months after the date of the delivery of the notification, unless the Parties agree otherwise.
Article 27.4. Fulfilment of Obligations
1. Each Party is fully responsible for the observance of all provisions of this Agreement.
2. Each Party shall ensure that all necessary measures are taken to give effect to the provisions of this Agreement, including their observance at all levels of government as well as by persons exercising delegated governmental authority. Each Party shall perform the obligations set out in this Agreement in good faith.
3. This Agreement forms part of the common institutional framework referred to in Article 52(1) of the Partnership Agreement. A Party may take appropriate measures relating to this Agreement in the event of a particularly serious and substantial violation of any of the obligations described in Article 2(1) or Article 8(1) of the Partnership Agreement as essential elements, which threatens international peace and security so as to require an immediate reaction. A Party may also take such appropriate measures relating to this Agreement in the event of an act or omission that materially defeats the object and purpose of the Paris Agreement. Those appropriate measures shall be taken in accordance with the procedure set out in Article 54 of the Partnership Agreement.
Article 27.5. Delegated Authority
Unless otherwise provided for in this Agreement, each Party shall ensure that when a juridical person, including a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly, exercises any regulatory, administrative or other governmental authority that the Party has delegated to such a person to carry out, that person acts in accordance with the obligations of that Party under this Agreement.
Article 27.6. No Direct Effect
1. Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons, other than rights or obligations created between the Parties under public international law.
2. A Party shall not provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Article 27.7. Laws and Regulations and Amendments Thereto
Unless otherwise specified, where reference is made in this Agreement to laws and regulations of aParty, those laws and regulations shall be understood to include amendments thereto.
Article 27.8. Integral Parts of this Agreement
1. the Annexes, Appendices, Declarations, Joint Declarations and Footnotes to this Agreementshall form an integral part of this Agreement.
2. Each of the Annexes to this Agreement, including its Appendices, shall form an integral part of the Chapter that refers to that Annex or to which reference is made in that Annex. For greater certainty:
(a) Annex 2-A (Tariff elimination schedules) and its Appendices form an integral part of Chapter 2 (National treatment and market access for goods);
(b) Annex 3-A (Introductory notes to product-specific rules of origin), Annex 3-B (Product-specific rules of origin) and its Appendices and Annexes 3-C (Text of the statement on origin), 3-D (Supplier's declaration referred to in Article 3.3(4) (Cumulation of origin)), 3-E (Joint declaration concerning the principality of Andorra) and 3-F (Joint declaration concerning the Republic of San Marino) form an integral part of Chapter 3 (Rules of origin and origin procedures);
(c) Annexes 6-A (Competent authorities), 6-B (Regional conditions for plants and plant products), 6-C (Equivalence recognition of SPS measures), 6-D (Guidelines and procedures for an audit or verification), 6-E (Certification) and 6-F (Import checks and fees) form an integral part of Chapter 6 (Sanitary and phytosanitary measures);
(d) Annexes 9-A (Acceptance of conformity assessment (documents)), 9-B (Motor vehicles and equipment or parts thereof) and its Appendix, 9-C (Arrangement referred to in point (b) of Article 9.10(5) for the systematic exchange of information in relation to the safety of non-food products and related preventive, restrictive and corrective measures), 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 9-E (Wine and spirits) and its Appendices form an integral part of Chapter 9 (Technical barriers to trade);
(e) Annex 10-A (Existing measures), Annex 10-B (Future measures), Annex 10-C (Business visitors for establishment purposes, intra-corporate transferees and short-term business visitors), Annex 10-D (List of activities of short-term business visitors), Annex 10-E (Contractual service suppliers and independent professionals) and Annex 10-F (Movement of natural persons for business purposes) form an integral part of Chapter 10 (Trade in services and investment);
(f) Annex 13 (Lists of energy goods, hydrocarbons and raw materials) forms an integral part of Chapter 13 (Energy and raw materials);
(g) Annex 14 (Public procurement market access commitments) forms an integral part of Chapter 14 (Public procurement);
(h) Annexes 18-A (Product classes) and 18-B (List of geographical indications) form an integral part of Chapter 18 (Intellectual property);
(i) Annex 19 (Environmental goods and services) forms an integral part of Chapter 19 (Trade and sustainable development);
(j) Annex 24 (Rules of procedure of the Trade Committee) forms an integral part of Chapter 24 (Institutional provisions);
(k) Annexes 26-A (Rules of procedure for dispute settlement), 26-B (Code of conduct for panellists and mediators) and 26-C (Rules of procedure for mediation) form an integral part of Chapter 26 (Dispute settlement); and
(l) Annex 27 (Joint declaration on customs unions) forms an integral part of Chapter 27 (Final provisions).
Article 27.9. Authentic Texts
This Agreement shall be drawn up in duplicate in the English, Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
Conclusion
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.
Attachments
Annex 10-A. EXISTING MEASURES
Headnotes
The schedules of New Zealand and the Union set out, under Article 10.10 (Non-conforming measures) or 10.18 (Non-conforming measures), the existing measures of New Zealand and the Union that do not conform with obligations imposed by:
(a)
(b)
(c)
(d)
(e)
(f)