EU - New Zealand FTA (2023)
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Article 7.6. Committee on Sustainable Food Systems

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

2. The Committee on Sustainable Food Systems shall, with respect to this Chapter, have the following functions:

(a) establishing priorities for cooperation and work plans to implement those priorities;

(b) promoting cooperation in multilateral fora; and

(c) performing any other functions relating to the implementation or operation of this Chapter.

3. In pursuing the objectives of this Chapter, and to monitor the results obtained from its implementation, the Committee on Sustainable Food Systems shall establish each year an annual work plan, including actions with objectives and milestones for those actions.

4. When appropriate, the Committee on Sustainable Food Systems may establish working groups consisting of expert-level representatives of each Party.

5. The Committee on Sustainable Food Systems shall meet within one year after the date of entry into force of this Agreement and thereafter as mutually agreed.

6. The Committee on Sustainable Food Systems may establish rules mitigating potential conflicts of interest for the experts that may participate in its meetings and those of any working group reporting to it.

Article 7.7. Contact Points

Within 90 days after the date of entry into force of this Agreement, each Party shall designate a contact point to facilitate the 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 8. ANIMAL WELFARE

Article 8.1. Objective

The objective of this Chapter is to enhance cooperation between the Parties on animal welfare of farmed animals with a view to facilitating trade between the Parties.

Article 8.2. General Provisions and Cooperation

1. The Parties recognise that animals are sentient beings. (1)

2. The Parties acknowledge that their farming practices are substantively different but recognise that their respective animal welfare standards and associated systems provide comparable animal welfare outcomes.

3. The Parties shall make best endeavours to cooperate in international fora to promote the development and implementation of science-based animal welfare standards. In particular, the Parties shall cooperate to reinforce and broaden the scope of the World Organisation for Animal Health animal welfare standards, as well as their implementation, with a focus on farmed animals.

4. The Parties shall exchange information, expertise and experiences in the field of animal welfare related to the treatment of animals on the farm, during transport and at slaughter or killing.

5. The Parties shall continue to cooperate on research in the area of animal welfare to facilitate the development of science-based animal welfare standards related to the treatment of animals on the farm, during transport and at slaughter or killing.

(1) As defined in each Party's laws and regulations on animal welfare.

Article 8.3. Technical Working Group on Animal Welfare

The Parties hereby establish a technical working group on animal welfare. The technical working group on animal welfare shall report to and undertake activities specified by the Committee on Sanitary and Phytosanitary Measures.

Chapter 9. TECHNICAL BARRIERS TO TRADE

Article 9.1. Objectives

The objectives of this Chapter are to facilitate trade in goods between the Parties by preventing, identifying and eliminating unnecessary technical barriers to trade, and to enhance cooperation between the Parties in matters covered by this Chapter.

Article 9.2. Scope

1. This Chapter applies to the preparation, adoption and application of all technical regulations, standards and conformity assessment procedures as defined in Annex 1 to the TBT Agreement that may affect trade in goods between the Parties.

2. This Chapter does not apply to:

(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of bodies to which Chapter 14 (Public procurement) applies; or

(b) SPS measures to which Chapter 6 (Sanitary and phytosanitary measures) applies.

Article 9.3. Relation to the TBT Agreement

1. Articles 2 to 9 of and Annexes 1 and 3 to the TBT Agreement are incorporated into and made part of this Agreement, mutatis mutandis.

2. Terms used in this Chapter, including in the Annexes to this Chapter, shall have the same meaning as they have in the TBT Agreement.

Article 9.4. Technical Regulations

1. Further to Article 22.8 (Impact assessment), each Party shall endeavour to carry out an impact assessment of planned technical regulations falling within the scope of regulatory measures defined in point (b) of Article 22.2 (Definitions) that may have a significant impact on trade, in accordance with its rules and procedures. For greater certainty, this paragraph also applies to conformity assessment procedures that are part of such technical regulations.

2. If.an impact assessment is carried out pursuant to paragraph 1 of this Article, then, further to point (b) of Article 22.8(2) (impact assessment), each Party shall assess the feasible and appropriate regulatory and non-regulatory options for the proposed technical regulation that may fulfil the Party's legitimate objectives in accordance with Article 2.2 of the TBT Agreement. For greater certainty, such obligation to assess also applies to conformity assessment procedures that are part of such technical regulations.

3. Further to Articles 2.3 and 2.4 of the TBT Agreement, each Party shall review its technical regulations from time to time. In undertaking such a review, each Party shall, inter alia, give positive consideration to increasing convergence with relevant international standards, taking into account any new development as regards the relevant international standards and whether previous circumstances that gave rise to divergences from any relevant international standard continue to exist.

4. Without prejudice to Chapter 22 (Good regulatory practices and regulatory cooperation), when developing major technical regulations that may have a significant effect on trade, each Party shall, as required by its rules and procedures, allow persons of the Parties to provide input through a public consultation process, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. Each Party shall allow persons of the other Party to participate in such consultations on terms no less favourable than those accorded to its own persons, and shall make the results of that consultation process public.

Article 9.5. International Standards

1. International standards developed by the International Organization for Standardization (ISO), the International Electrotechnical Commission (hereinafter referred to as "TEC"), the International Telecommunication Union (ITU), and the Codex Alimentarius Commission (Codex) shall be considered as the relevant international standards within the meaning of Article 2 and Article 5 of, and Annex 3 to, the TBT Agreement provided that they comply with the conditions set out in paragraph 2 of this Article.

2. A standard developed by an international organisation, other than those referred to in paragraph 1, may also be considered a relevant international standard within the meaning of Article 2 and Article 5 of and Annex 3 to the TBT Agreement, provided that:

(a) it has been developed by a standardisation body which seeks to establish consensus either:

(i) among national delegations of the participating WTO Members representing all the national standards bodies in their territory that have adopted, or expect to adopt, standards for the subject matter to which the international standardisation activity relates; or

(ii) among governmental bodies of participating WTO Members; and

(b) it has been developed in accordance with the Decision of the Committee on Technical Barriers to Trade established by Article 13 of the TBT Agreement on Principles for the Development of International Standards, Guides and Recommendations in relation to Article 2 and Article 5 of and Annex 3 to the TBT Agreement.

3. If a Party has not used international standards as a basis for its technical regulations and related conformity assessment procedures, a Party shall, on request from the other Party, identify any substantial deviation from the relevant international standard and explain the reasons why such standards have been judged inappropriate or ineffective for the aim pursued, and provide the evidence on which that assessment is based, where available.

Article 9.6. Standards

1. With a view to harmonising standards on as wide a basis as possible, and in addition to Article 4.1 of the TBT Agreement, each Party shall encourage the standardisation bodies within its territory, as well as the regional standardisation bodies of which a Party or the standardisation bodies within its territory are members, to:

(a) review national and regional standards that are not based on relevant international standards at regular intervals, with a view to increasing the convergence of those national and regional standards with relevant international standards, among other considerations;

(b) cooperate with the relevant standardisation bodies of the other Party in international standardisation activities, including through cooperation in the international standardisation bodies or at regional level; and

(c) foster bilateral cooperation with the standardisation bodies of the other Party.

2. The Parties should exchange information on:

(a) their respective use of standards in support of technical regulations; and

(b) their respective standardisation processes, and the extent of use of international standards, regional or subregional standards as a base for their national standards.

3. If standards are made mandatory through incorporation into or by reference in a draft technical regulation or conformity assessment procedure, the transparency obligations set out in Article 9.8 (Transparency) of this Chapter and in Article 2 or Article 5 of the TBT Agreement shall apply, to the extent permitted by applicable copyright.

Article 9.7. Conformity Assessment

1. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation, it shall:

(a) select conformity assessment procedures proportionate to the risks involved;

(b) accept the use of a supplier's declaration of conformity (hereinafter referred to as "SDoC"), where appropriate; and

(c) if requested by the other Party, explain the rationale for selecting particular conformity assessment procedures for specific products.

2. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures. Such mechanisms may include:

(a) SDoC;

(b) recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party;

(c) cooperative and voluntary arrangements between conformity assessment bodies located in the territories of the Parties;

(d) mutual recognition agreements for the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party;

(e) use of accreditation to qualify conformity assessment bodies; and

(f) government designation of conformity assessment bodies.

3. If a Party requires third-party conformity assessment as a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to a governmental authority as specified in paragraph 4, it shall:

(a) give preference to the use of accreditation to qualify conformity assessment bodies;

(b) use international standards for accreditation and conformity assessment;

(c) where practicable, use international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation (hereinafter referred to as "ILAC") and the International Accreditation Forum (hereinafter teferred to as "IAF");

(d) encourage the use of functioning international agreements or arrangements for harmonisation, or facilitation of acceptance of conformity assessment results;

(e) ensure that its rules and procedures do not unnecessarily restrict choice for economic operators amongst the conformity assessment bodies designated by its authorities for a particular product or set of products;

(f) ensure that the activities of its accreditation bodies are consistent with international standards for accreditation and, in that respect, that there are no conflicts of interest between accreditation bodies and conformity assessment bodies in relation to their conformity activities, including personnel;

(g) ensure that conformity assessment bodies carry out their activities in a manner that prevents conflicts of interests affecting the outcome of the conformity assessment;

(h) allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of the other Party. Nothing in this point shall be construed as to prohibit a Party from requiring subcontractors to meet the same requirements that the conformity assessment body to which it is contracted is required to meet in order to perform the contracted tests or inspection itself; and

(i) ensure that the details, including the scope of the designation, of the bodies that have been designated to perform such conformity assessment, are published online.

4. Nothing in this Article shall preclude a Party from requiring that conformity assessment in relation to specific products is performed by specified governmental authorities of the Party. If a Party requires conformity assessment to be performed by its specified governmental authorities, that Party shall:

(a) limit the conformity assessment fees to the approximate cost of the services rendered and, upon the request of an applicant for conformity assessment, explain how any fees it imposes for such conformity assessment are limited to the approximate cost of services rendered; and

(b) ensure that the conformity assessment fees are available on request, if they are not published.

5. Notwithstanding paragraphs 1, 3 and 4 of this Article, in the fields listed in Annex 9-A (Acceptance of conformity assessment (documents)) in respect of which the Union accepts SDoC, New Zealand shall, if it considers non-first-party conformity assessment necessary as an assurance that a product conforms with the requirements of New Zealand's technical regulations, accept:

(a) certificates and test reports issued by conformity assessment bodies that are located in the territory of the Union and that have been accredited by an accreditation body member of the international arrangements for mutual recognition of the ILAC or the IAF, or their successor bodies, or that are otherwise recognised pursuant to New Zealand's technical regulations; or

(b) in relation to electrical safety and electromagnetic compatibility aspects, certificates and test reports that have been issued by conformity assessment bodies that are located in the territory of the Union and under the IEC System for Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE) Certification Body (CB) Scheme.

6. SDoC is a first-party attestation of conformity issued (1) by the manufacturer or other authorised first-party on their sole responsibility based on the results of an appropriate type of conformity assessment activity and excluding mandatory third-party assessment.

7. The Parties shall cooperate in the field of mutual recognition in accordance with the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand (2), done at Wellington on 25 June 1998. The Parties may also decide, in accordance with the relevant provisions of that Agreement, to extend its scope as regards the products, the applicable regulatory requirements or the recognised conformity assessment bodies.

(1) Pursuant to each Party's technical regulations.
(2) OJ EU L 229, 17.8.1998, p. 62.

Article 9.8. Transparency

1. Except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, each Party shall allow the other Party to provide written comments on notified proposed technical regulations and conformity assessment procedures within a period of at least 60 days after the date of transmission of the notification of such regulations or procedures to the WTO Central Registry of Notifications. A Party shall give positive consideration to a reasonable request to extend that comment period.

2. In the event that the notified text is not in one of the official languages of the WTO, each Party shall provide a detailed and comprehensive description of the content of the proposed technical regulation or conformity assessment procedure in the WTO notification format.

3. If a Party receives written comments on its proposed technical regulation or conformity assessment procedure from the other Party, it shall:

(a) if requested by the other Party, discuss the written comments with the participation of its competent regulatory authority, whenever possible, at a time when the comments can be taken into account; and

(b) reply in writing to significant or substantive issues presented in the comments no later than the date of publication of the technical regulation or conformity assessment procedure.

4. Each Party shall make publicly available, preferably by publishing on a website, its responses to significant or substantive issues presented in comments received from other WTO Members on its TBT notification as referred to in paragraph 1 of the proposal for the technical regulation or conformity assessment procedure.

5. If requested by the other Party, a Party shall provide information regarding the objectives of, and rationale for, any technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.

6. Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are published online and are accessible free of charge.

7. Each Party shall provide information on the adoption and the entry into force of the technical regulation or conformity assessment procedure and the adopted final text through an addendum to the original notification to the WTO.

8. Further to Article 2.12 of the TBT Agreement, the term "reasonable interval" shall be understood to mean a period of not less than six months, except where this would be ineffective in fulfilling the legitimate objectives pursued.

9. A Party shall consider a reasonable request from the other Party, received prior to the end of the comment period as referred to in paragraph 1 following the transmission to the WTO Central Registry of Notifications to extend the period of time between the adoption of the technical regulation and its entry into force, except where this would be ineffective in fulfilling the legitimate objectives pursued.

Article 9.9. Marking and Labelling

1. A technical regulation of a Party may include or deal exclusively with marking or labelling requirements. In such cases, the relevant principles of Article 2.2 of the TBT Agreement apply to these technical regulations.

2. If a Party requires mandatory marking or labelling of products, it shall:

(a) to the extent possible, only require information that is relevant for consumers or users of the product or that indicates that the product conforms with mandatory technical requirements;

(b) not require any prior approval, registration or certification of the markings or labels of products, nor any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements unless it is necessary in view of the risk of the products or the risk of the claims made on the markings and labels to human, animal or plant health or life, the environment or national safety;

(c) if it requires the use of a unique identification number by economic operators, issue such a number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

(d) provided that the marking and labelling of a product is compliant with and not misleading, contradictory or confusing as regards the regulatory requirements of the importing Party, permit (1) the following:

(i) information in other languages in addition to the language required in the importing Party;

(ii) internationally accepted nomenclatures, pictograms, symbols or graphics; and

(iii) additional information to that required in the importing Party;

(e) accept that labelling, including supplementary labelling or corrections to labelling, take place in the territory of the importing Party, in accordance with its relevant regulations and procedures as an alternative to labelling in the exporting Party, unless such labelling is necessary in view of the legitimate objectives referred to in Article 2.2 of the TBT Agreement; and

(f) if it considers that legitimate objectives referred to in Article 2.2 of the TBT Agreement are not compromised, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation, rather than requiring marking or labelling to be physically attached to the product.

3. Paragraph 2 of this Article does not apply to marking or labelling of medicinal products and medical devices, as defined by a Party's laws and regulations.

(1) For greater certainty, this point refers to the importing Party.

Article 9.10. Cooperation on Market Surveillance, Safety and Compliance of Non-food Products

1. For the purposes of this Article, the term "market surveillance" means activities conducted and measures taken by public authorities, including those taken in cooperation with economic operators, on the basis of procedures of a Party, to enable that Party to monitor or address safety of products or their compliance with the requirements set out in its laws and regulations.

2. The Parties recognise the importance of cooperation on market surveillance, safety and compliance of non-food products for the facilitation of trade and for the protection of consumers and other users, and the importance of building mutual trust based on shared information.

3. Each Party shall ensure:

(a) impartial and independent conduct of market surveillance functions from conformity assessment functions with a view to avoiding conflicts of interest; (1) and

(b) the absence of any interest that would affect the impartiality of market surveillance authorities in the performance of control or supervision of economic operators.

(1) Each Party shall ensure that safeguards are put in place to ensure the impartiality and absence of conflicts of interest if a single entity is entrusted with both market surveillance functions and conformity assessment functions.

4. The Parties may cooperate and exchange information in the area of market surveillance, safety and compliance of non-food products, in particular with respect to the following:

(a) market surveillance and enforcement activities and measures;

(b) risk assessment methods and product testing;

(c) coordinated product recalls or other similar actions;

(d) scientific, technical and regulatory matters in order to improve non-food product safety and compliance;

(e) emerging issues of significant health and safety relevance;

(f) standardisation-related activities; and

(g) exchange of officials.

5. The Union may provide New Zealand with selected information from its Rapid Alert System for dangerous non-food products with respect to consumer products as referred to in Directive 2001/95/EC of the European Parliament and of the Council (1) or its successor system, and New Zealand may provide the Union with selected information on the safety of non-food consumer products and on preventive, restrictive and corrective measures taken, with respect to consumer products as referred to in the relevant legislation of New Zealand. The information exchange may take the form of:

(a) ad hoc exchange, in duly justified cases; or

(b) systematic exchange, based on an arrangement established by decision of the Trade Committee pursuant to Annex 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).

(1) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ EU L 11, 15.1.2002, p. 4).

6. The Trade Committee may adopt a decision to establish pursuant to 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)) an arrangement on the regular exchange of information, including by electronic means, on measures taken with respect to non-compliant non-food products, other than those covered by point (b) of paragraph 5 of this Article.

7. Each Party shall use the information obtained pursuant to paragraphs 4, 5 and 6 for the sole purpose of protection of consumers, health, safety or the environment.

8. Each Party shall treat the information obtained pursuant to paragraphs 4, 5 and 6 as confidential.

9. The arrangements referred to in point (b) of paragraph 5 and in paragraph 6 shall specify the type of information to be exchanged, the modalities for the exchange and the application of confidentiality and personal data protection rules.

10. The Trade Committee shall have the power to adopt decisions in order to determine or amend arrangements referred to in Annexes 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) and 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)).

Article 9.11. Technical Discussions and Consultations

1. If a Party considers that a draft or proposed technical regulation or conformity assessment procedure of the other Party might significantly adversely affect trade between the Parties, it may request to hold discussions on the matter. The request shall be made in writing and identify:

(a) the measure at issue;

(b) the provisions of this Chapter to which the concerns relate; and

(c) the reasons for the request, including a description of the requesting Party's concerns regarding the measure.

2. A Party shall deliver its request to the TBT Chapter coordinator of the other Party designated pursuant to Article 9.14 (TBT Chapter coordinator).

3. At the request of either Party, the Parties shall meet to discuss the concerns raised in the request, in person, or via any means of communication, including telephone, video conference or other electronic means of communication, within 60 days after the date of delivery of the request and shall endeavour to resolve the matter as expeditiously as possible. If a requesting Party believes that the matter is urgent, it may request that any meeting take place within a shorter time frame. In such cases, the responding Party shall give positive consideration to such a request.

4. A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the TBT Chapter coordinator of the other Party. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of such matter.

5. For greater certainty, this Article is without prejudice to Chapter 26 (Dispute settlement).

Article 9.12. Cooperation

1. The Parties may cooperate in respect of particular areas of mutual interest, with a view to eliminating, reducing or avoiding the creation of technical barriers to trade, and facilitating trade between the Parties, including via digital solutions.

  • 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