EU - New Zealand FTA (2023)
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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)

  • 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