EU - New Zealand FTA (2023)
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2. A Party may grant authorisations without complying with the conditions and procedures set out in Article 10.34 (Publication and information available) and point (b) of paragraph 1 of this Article in any of the following cases related to hydrocarbons: (a) the area has been subject to a previous procedure complying with Article 10.34 (Publication and information available) and point (b) of paragraph 1 of this Article which has not resulted in an authorisation being granted;

(b) the area is available on a permanent basis for exploration or production; or

(c) the authorisation granted has been relinquished before its date of expiry.

3. A Party may require an entity which has been granted an authorisation to pay a financial contribution or a contribution in kind. (1) The financial contribution or a contribution in kind shall be fixed in a manner that does not interfere with the management and decision-making process of such entity.

4. Each Party shall ensure that the applicant is provided with the reasons for the rejection of its application to enable that applicant to have recourse to procedures for appeal or review. The procedures for appeal or review shall be made public in advance.

(1) For greater certainty, the terms "financial contribution" and "contribution in kind" in this paragraph do not include any security or payment required for an entity to meet an obligation to fund and carry out decommissioning or any security or payment required for post-decommissioning activities.

Article 13.8. Assessment of Environmental Impact

1. Each Party shall ensure that its laws and regulations require an environmental impact assessment for activities related to production of energy goods or raw materials, where such activities may have a significant impact on the environment.

2. With respect to the environmental impact assessment referred to in paragraph 1, each Party shall, as required by its laws and regulations:

(a) ensure that all interested persons, including non-governmental organisations, have an early and effective opportunity, and an appropriate time period, to participate in the environmental impact assessment as well as an appropriate time period to provide comments on the environmental impact assessment report;

(b) take into account the findings of the environmental impact assessment relating to the effects on the environment prior to granting the authorisation;

(c) make publicly available the outcome findings of the environmental impact assessment; and

(d) identify and assess as appropriate the significant effects of a project on:

(i) population and human health;

(ii) biodiversity;

(ii) land, soil, water, air, and climate; and

(iv) cultural heritage and landscape, including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters that are relevant to the project concerned.

Article 13.9. Offshore Risk and Safety

1. Each Party shall ensure that regulatory functions relating to safety and environmental protection of offshore oil and gas operations are conducted independently from regulatory functions relating to economic development and licensing of offshore oil and gas operations, such as by maintaining separate legal entities.

2. Each Party shall, when applicable, establish the conditions necessary for safe offshore exploration and production of oil and gas in its territory in order to protect the marine environment and coastal communities against pollution. Such conditions shall be based on high standards of safety and environmental protection for offshore oil and gas operations.

3. The Parties shall cooperate, as appropriate, to internationally promote high standards of safety and environmental protection for offshore oil and gas operations by sharing information and increasing transparency on safety and environmental performance.

Article 13.10. Access to Energy Infrastructure for Producers of Renewable Electricity

1. Without prejudice to Article 13.7 (Authorisation for exploration and production of energy goods and raw materials), each Party shall ensure that producers of renewable electricity in its territory are granted access to the electricity transmission and distribution infrastructure in its territory on non-discriminatory, reasonable and cost-reflective terms within a reasonable period of time after the request for access has been submitted and under conditions that allow reliable use of such infrastructure.

2. Each Party shall ensure that owners or operators of electricity transmission and distribution infrastructure in its territory publish the terms and conditions that are referred to in paragraph 1 and take appropriate measures to minimise the curtailment of renewable electricity production.

3. Each Party shall ensure balancing markets are in place where producers of renewable energy may procure goods and services under reasonable and non-discriminatory terms.

4. This Article is without prejudice to the right of each Party to adopt or maintain in its laws and regulations derogations from the right to access to its electricity transmission and distribution infrastructure based on objective and non-discriminatory criteria, provided such derogations are necessary to fulfil a legitimate policy objective, such as the need to maintain the stability of the electricity system.

Article 13.11. Regulatory Body

Each Party shall maintain or establish an independent regulatory body or any other independent body that is:

(a) legally distinct and functionally separate from, and not accountable to:

(i) other authorities; or

(ii) operators or entities providing, or having access to, the electricity transmission and distribution infrastructure; and

(b) entrusted to resolve disputes regarding appropriate terms, conditions and tariffs for access to and use of electricity transmission and distribution infrastructure within a reasonable period of time.

Article 13.12. Cooperation on Standards, Technical Regulations, and Conformity Assessment Procedures

1. In accordance with Articles 9.5 (International standards) and 9.6 (Standards), the Parties shall promote cooperation between the regulators or standardisation bodies located within their respective territories in the area of energy efficiency and sustainable renewable energy, with a view to contributing to sustainable energy and climate policy.

2. For the purposes of paragraph 1, the Parties shall endeavour to identify relevant initiatives of mutual interest concerning standards, technical regulations, and conformity assessment procedures related to energy efficiency and sustainable renewable energy.

Article 13.13. Research, Development and Innovation

The Parties shall promote research, development and innovation in the areas of energy efficiency, renewable energy and raw materials, and cooperate as appropriate, including to:

(a) promote the dissemination of information and best practices on environmentally sound and economically efficient policies regarding energy goods and raw materials, and cost-effective practices and technologies in the areas of energy efficiency, renewable energy and raw materials, in a manner that is consistent with the adequate and effective protection of intellectual property rights; and

(b) promote research, development and application of energy-efficient and environmentally sound technologies, practices and processes in the areas of energy efficiency, renewable energy and raw materials which would minimise harmful environmental impacts in the entire energy goods and raw materials chains.

Article 13.14. Cooperation on Energy Goods and Raw Materials

The Parties shall cooperate, as appropriate, in the area of energy goods and raw materials with a view to, inter alia:

(a) reducing or eliminating trade and investment distorting measures in third countries affecting energy goods and raw materials;

(b) coordinating their positions in international fora where trade and investment issues related to energy goods and raw materials are discussed and fostering international programmes in the areas of energy efficiency, renewable energy and raw materials;

(c) fostering exchange of market data in the area of:

(i) energy goods including information on the organisation of energy markets, promotion of new energy technologies and energy efficiency; and

(ii) raw materials;

(d) promoting corporate social responsibility in accordance with international standards, such as the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Business Conduct;

(e) promoting the values of responsible sourcing and mining globally as well as maximising the contribution of their raw materials sectors and associated industrial value chains to the fulfilment of the United Nations Sustainable Development Goals;

(f) promoting research, development, innovation and training in relevant fields of common interest in the area of energy goods and raw materials;

(g) fostering exchange of information and best practices on domestic policy developments;

(h) promoting the efficient use of resources (i.e. improving production processes as well as durability, reparability, design for disassembly, ease of reuse and recycling of goods); and promoting internationally high standards of safety and environmental protection for offshore oil, gas and mining operations, by sharing information and increasing transparency on safety and environmental performance.

Chapter 14. PUBLIC PROCUREMENT

Article 14.1. Incorporation of Certain Provisions of the GPA

1. The Parties affirm their rights and obligations under the GPA.

2. The following provisions of the GPA are incorporated into and made part of this Agreement, mutatis mutandis, to apply to procurement covered by Annex 14 (Public procurement market access commitments) to this Agreement:

(a) Articles Ito IV, Articles VI to XV, Articles XVI(1) to XVI(3), and Articles XVII and XVII; and

(b) Appendices II to IV as they relate to each Party.

3. Notwithstanding Article 1.5(5) (Relation to other international agreements), if any of the provisions of the GPA referred to in point (a) of paragraph 2 are amended, those amendments shall not be automatically incorporated into this Chapter, but the Parties shall consult with a view to amending this Chapter, as appropriate.

4. For greater certainty, references to the term "covered procurement" in the provisions incorporated into and made part of this Agreement, mutatis mutandis, in accordance with paragraph 2 shall be interpreted as references to procurement covered by Annex 14 (Public procurement market access commitments).

Article 14.2. Additional Disciplines

1. The provisions of this Article apply in addition to the provisions referred to in Article 14.1 (Incorporation of certain provisions of the GPA).

2. As regards the use of electronic means in conducting procurement and publication of notices, all notices relating to covered procurement within the meaning of Article 14.1(4) (Incorporation of certain provisions of the GPA), including notices of intended procurement, summary notices, notices of planned procurement and contract award notices:

(a) shall be directly accessible by electronic means, free of charge, through a single point of access on the internet; and

(b) may also be published in an appropriate paper medium.

Tender documentation shall be made available through electronic means and the Parties shall use electronic means in the submission of tenders to the widest extent practicable.

3. As regards registration systems and qualification procedures, pursuant to Article IX(1) of the GPA, where a Party, including its procuring entities, or any other competent authority maintains a supplier registration system, it shall ensure that information on the supplier registration system is accessible through electronic means and that interested suppliers may request registration at any time. If a supplier meets the conditions for registration, it shall be registered within a reasonable period of time. If a supplier does not meet the conditions for registration, it shall be informed and provided with written reasons within a reasonable period of time.

4. As regards selective tendering, pursuant to Article [X(5) of the GPA, if a procuring entity uses a selective tendering procedure, it shall not limit the number of suppliers invited to submit a tender with the intention of avoiding effective competition.

5. As regards environmental, social and labour considerations, a Party may:

(a) allow procuring entities to take into account environmental, social and labour considerations related to the object of the procurement, provided that such considerations are:

(i) non-discriminatory; and

(ii) indicated in the notice of intended procurement or in the tender documentation;

(b) take appropriate measures to ensure compliance with its own and with international environmental, social and labour laws, regulations, obligations and standards provided that such laws, regulations, obligations and standards are not discriminatory.

6. As regards the conditions for participation, while a procuring entity of a Party may, in establishing the conditions for participation, require relevant prior experience where essential to meet the requirements of the procurement in accordance with point (b) of Article VIN(2) of the GPA, that procuring entity of a Party shall not require prior experience in the territory of the Party to be a condition of the procurement.

Article 14.3. Exchange of Statistics

Every two years, each Party shall make available to the other Party bilateral statistics on public procurement, subject to their availability in the official online procurement systems of each Party.

Article 14.4. Modifications and Rectifications to Coverage

1. A Party may modify its commitments in its respective Section of Annex 14 (Public procurement market access commitments) in accordance with paragraphs 3 to 5 and paragraph 9 of this Article. A Party may rectify its commitments in its respective Section of Annex 14 (Public procurement market access commitments) in accordance with paragraphs 6 to 9 of this Article.

2. Ifa modification or a rectification of a Party's Annexes to Appendix I to the GPA becomes effective pursuant to Article XIX of the GPA, it shall automatically become effective and applicable for the purposes of this Agreement, mutatis mutandis.

3. A Party intending to modify its commitments in its respective Section of Annex 14 (Public procurement market access commitments) shall:

(a) notify the other Party in writing; and

(b) include in the notification a proposal for appropriate compensatory adjustments to the other Party in order to maintain a level of coverage comparable to that existing prior to the modification.

4. Notwithstanding point (b) of paragraph 3, a Party is not required to provide compensatory adjustments to the other Party if the modification covers an entity over which the Party has effectively eliminated its control or influence.

5. The other Party may object to a modification as referred to in paragraph 3, if it considers that:

(a) a compensatory adjustment proposed under point (b) of paragraph 3 is not adequate to maintain a comparable level of mutually agreed coverage; or

(b) the modification does not cover an entity over which the Party has effectively eliminated its control or influence as provided for in paragraph 4. The other Party shall object in writing within 45 days after the date of delivery of the notification as referred to in point (a) of paragraph 3 or be deemed to have accepted the compensatory adjustment or modification, including for the purposes of Chapter 26 (Dispute settlement).

6. The following changes to a Party's respective Section of Annex 14 (Public procurement market access commitments) shall be considered to be a rectification of a purely formal nature, provided that those changes do not affect the mutually agreed coverage provided for in this Chapter:

(a) a change in the name of an entity;

(b) a merger of two or more entities listed in that Section; and

(c) the separation of an entity listed in that Section into two or more entities that are added to the entities listed in the same Section.

7. In the case of proposed rectifications to a Party's respective Section of Annex 14 (Public procurement market access commitments), the Party shall notify the other Party every two years, in line with the cycle of notifications provided for under the GPA.

8. A Party may notify the other Party of an objection to a proposed rectification within 45 days after the date of delivery of the notification. If a Party submits an objection, it shall set out the reasons why it believes the proposed rectification is not a rectification of a purely formal nature referred to in paragraph 6, and describe the effect of the proposed rectification on the mutually agreed coverage provided for in this Agreement. If no objection is submitted in writing within 45 days after the date of delivery of the notification, the Party shall be deemed to have agreed to the proposed rectification.

9. If the other Party objects to the proposed modification or rectification, the Parties shall seek to resolve the issue through consultations. If no agreement is found within 60 days after the date of delivery of the objection, the Party seeking to modify or rectify its respective Section of Annex 14 (Public procurement market access commitments) may refer the matter to dispute settlement in accordance with Chapter 26 (Dispute settlement). The intended modification or rectification of the relevant Section of Annex 14 (Public procurement market access commitments) shall take effect only when both Parties have agreed or on the basis of a final decision of a panel established under Article 26.5 (Establishment of a panel).

Article 14.5. Further Negotiations

The Parties shall enter into negotiations on market access with a view to making improvements to the coverage provided for under Sub-Section 2 (Sub-central government entities) and Sub-Section 3 (Other entities) of Section B (Schedule of New Zealand) of Annex 14 (Public procurement market access commitments) as soon as possible following New Zealand local authorities, state services or state sector entities being either:

(a) covered by New Zealand in another international trade agreement; or

(b) required to follow the New Zealand Government Procurement Rules (1) after the date of entry into force of this Agreement. (2)

(1) The New Zealand Government Procurement Rules are New Zealand's primary instrument for regulating government procurement. A Whole of Government Direction issued on 22 April 2014 under Section 107 of the Crown Entities Act 2004 required certain classes of entities to follow the Government Procurement Rules.
(2) For greater certainty, this point does not apply if one or more of the entities concerned were required to follow the New Zealand Government Procurement Rules on the date of entry into force of this Agreement.

Chapter 15. COMPETITION POLICY

Article 15.1. Competition Principles

The Parties recognise the importance of free and undistorted competition in their trade and investment relations. The Parties acknowledge that anticompetitive business practices and state interventions have the potential to distort the proper functioning of markets and undermine the benefits of liberalisation of trade and investment.

Article 15.2. Competitive Neutrality

This Chapter applies to all enterprises, public or private.

Article 15.3. Economic Activity

This Chapter applies to enterprises only to the extent that the enterprises perform an economic activity. For the purposes of this Chapter, the term "economic activity" pertains to the offering of goods or services on a market.

Article 15.4. Legislative Framework

1. Each Party shall adopt or maintain competition law that:

(a) applies to all enterprises;

(b) applies in all sectors of the economy; (1) and

(1) For greater certainty, pursuant to Article 42 TFEU, Union rules on competition apply to the agricultural sector in accordance with Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ EU L 347, 20.12.2013, p. 671).

(c) addresses, in an effective manner, all of the following practices:

(i) horizontal and vertical agreements between enterprises, decisions by associations of enterprises, and informal cooperation between enterprises that substitutes for the risks of competition, which have as their object or effect the prevention, restriction or distortion of competition;

(ii) abuses by one or more enterprises of a dominant position; and

(iii) concentrations between enterprises that would significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position.

2. The Parties shall ensure that enterprises entrusted with the operation of tasks of public interest shall be subject to the rules of this Chapter, in so far as the application of such rules does not, in law or in fact, obstruct the performance of particular tasks of public interest that are assigned to such enterprises. Assigned tasks of public interest shall be transparent and any limitation to or deviation from the application of the rules of this Chapter shall not go beyond what is strictly necessary to achieve the assigned tasks.

Article 15.5. Implementation

1. Each Party shall maintain an operationally independent authority that is responsible for, and appropriately equipped with the powers and resources necessary to ensure, the full application, and the effective enforcement, of the competition law referred to in Article 15.4(1) (Legislative framework).

2. Each Party shall apply its competition law in a transparent manner, respecting the principles of procedural fairness, including the rights of defence of the enterprises concerned, in particular the right to be heard and the right to judicial review.

3. Each Party shall make publicly available its competition laws and regulations, and any guidelines used in relation to their enforcement with the exception of internal operating procedures.

4. Each Party shall ensure that its competition laws and regulations are applied and enforced in a manner that does not discriminate on the basis of nationality.

5. Each Party shall ensure that, before a sanction or remedy is imposed in an enforcement proceeding, the respondent is afforded the opportunity to be heard and provide evidence in its defence. In particular, each Party shall ensure that the respondent has a reasonable opportunity to review and contest the evidence on which the imposition of the sanction or the remedy is based.

6. Subject to any redactions necessary to safeguard confidential information, each Party shall ensure that the grounds for any sanction imposed or remedy applied for violation of its competition law are made available to the defendant in a proceeding enforcing its competition laws or regulations.

7. Each Party shall ensure that the addressees of a decision imposing a sanction or a remedy for violation of its competition law are given the opportunity to seek judicial review of such a decision.

Article 15.6. Private Right of Action

1. For the purposes of this Article, the term "private right of action" means the right of a person to seek redress, including injunctive, monetary or other remedies, through a court or other independent tribunal for harm to that person's business or property caused by a violation of a Party's competition law, either independently or following a finding of violation by the Party's competition authority or authorities.

2. Recognising that a private right of action is an important supplement to the public enforcement of a Party's competition law, each Party shall adopt or maintain laws or other measures that provide independent private right of action.

Article 15.7. Cooperation

1. The Parties acknowledge that it is in their common interest to promote cooperation with regard to competition policy and enforcement of competition law.

2. To facilitate the cooperation referred to in paragraph 1, the competition authorities of the Parties may exchange information, subject to the confidentiality rules in the law of each Party.

3. The competition authorities of the Parties shall endeavour to coordinate, where possible and appropriate, their enforcement activities concerning the same or related conduct or cases.

Article 15.8. Non-application of Dispute Settlement

Chapter 26 (Dispute settlement) does not apply to this Chapter.

Chapter 16. SUBSIDIES

Article 16.1. Principles

Subsidies may be granted by a Party when subsidies are necessary to achieve a public policy objective. The Parties acknowledge, however, that certain subsidies have the potential to distort the proper functioning of markets, undermine the benefits of trade liberalisation and harm the environment. In principle, subsidies should not be granted by a Party when they negatively affect, or are likely to negatively affect, competition or trade or when they significantly harm the environment.

Article 16.2. Definitions and Scope

1. For the purposes of this Chapter, the term "subsidy" means:

(a) a measure that fulfils the conditions set out in Article 1.1 of the SCM Agreement, irrespective of whether the subsidy is granted to an enterprise, supplying goods or services; (1) and

(1) This Article does not prejudice the outcome of any future discussions in the WTO on the definition of subsidies for services. Depending on the progress of those future discussions at the WTO, the Parties may amend this Agreement in this respect.

(b) a subsidy as defined in point (a) of this paragraph that is specific within the meaning of Article 2 of the SCM Agreement. Any subsidy falling under Article 16.7 (Prohibited subsidies) shall be deemed to be specific within the meaning of Article 2 of that Agreement.

2. This Chapter applies to subsidies granted to enterprises to the extent that those enterprises perform an economic activity. This Chapter applies to all enterprises, public or private. For the purposes of this Chapter, the term "economic activity" pertains to the offering of goods or services on a market.

3. This Chapter applies to subsidies granted to enterprises entrusted with particular roles or tasks in the public interest, to the extent that the application of this Chapter does not, in law or in fact, obstruct the performance of the particular roles or tasks in the public interest entrusted to those enterprises. Such particular roles or tasks in the public interest shall be entrusted in advance in a transparent manner, and any limitation to, or deviation from, the application of this Chapter shall not go beyond what is necessary to achieve the entrusted roles or tasks in the public interest. For the purposes of this paragraph, the formulation "particular roles or tasks in the public interest" includes public service obligations.

4. Articles 16.6 (Consultations) and 16.7 (Prohibited subsidies) do not apply to subsidies granted by sub-central levels of government of each Party. In fulfilling its obligations under this Chapter, each Party shall take such reasonable measures as may be available to it to ensure the observance of this Chapter by sub-central levels of government of that Party.

5. Articles 16.6 (Consultations) and 16.7 (Prohibited subsidies) do not apply to the audio-visual sector.

6. Article 16.7 (Prohibited subsidies) does not apply to subsidies that are granted to:

(a) compensate for the damage caused by natural disasters or other non-economic exceptional occurrences, provided that such subsidies are temporary; and

(b) respond to a national or global health or economic emergency, provided that such subsidies are temporary, targeted and proportionate, having regard to the harm caused by or arising from the emergency.

Article 16.3. Relation to the WTO Agreement

Nothing in this Chapter shall affect the rights and obligations of either Party under the SCM Agreement, the Agreement on Agriculture, Article XVI of GATT 1994 or Article XV of GATS.

Article 16.4. Fisheries Subsidies

  • 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