(a) Improving bilateral understanding related to specific implementation issues concerning the SPS Agreement;
(b) Provide a forum to monitor the commitments set out in the work programmes, assess progress with regard to the processing and resolution of the sanitary and phytosanitary matters that may arise between the competent authorities of the Parties;
(c) Provide a forum to promote and facilitate technical consultations provided for in article 6.11, when a party so notified to the Committee;
(d) Establishing working groups or technical groups, when required, and determine its mandates, objectives, functions and deadlines for filing the results of its work;
(e) To ensure the development and implementation of the procedures established under the provisions of this chapter;
(f) Consultations on matters, positions and agendas for meetings of the Committee on Sanitary and Phytosanitary Measures of the WTO, of which shall be carried out in the framework of the Codex Alimentarius, of the IPPC, OIE and other international and regional fora which are members of both parties;
(g) Promote, coordinate and monitor the technical cooperation programs on sanitary and phytosanitary matters; and
(h) Other functions mutually agreed by the parties.
6. The Committee shall have the power to adopt and implement decisions relating to the implementation of the provisions in this chapter, which shall be incorporated by each Party in accordance with its law (1) where appropriate. such decisions shall be notified to the Commission.
Article 6.11. Technical Consultations
1. If a Party considers that a sanitary or phytosanitary measure unduly affecting its trade with the other party and that consultations and the exchange of information between competent authorities have failed to resolve the situation, the complaining party may notify the request for technical consultations to the SPS Committee of this Agreement, through its competent authority coordinator who shall be responsible for coordinating with the competent authority of the other party, to facilitate technical consultations requested.
2. Such consultations shall take place within thirty (30) days of receipt of the request, unless the parties agree otherwise, and may be conducted via teleconference video-conference or any other means mutually agreed by the parties.
3. Where the parties have had recourse to consultations under this article without satisfactory results, such consultations shall replace those provided for in article 16.4 (consultations).
Article 6.12. Definitions
For purposes of this chapter:
Competent authorities means the competent authorities of the Parties mentioned in annex 6.10;
Means the OIE World Organisation for Animal Health; and
IPPC means the International Plant Protection Convention.
Chapter 7. Technical Barriers to Trade
Article 7.1. Objectives
The objectives of this chapter are to increase and facilitate trade and obtain effective market access through the improvement of the implementation of the TBT Agreement; eliminate unnecessary technical barriers to trade, and the enhancement of bilateral cooperation.
1. This chapter applies to the development, adoption and application of standards and technical regulations and conformity assessment procedures (1) of the parties, both national and local levels, that may directly or indirectly affect the reciprocal trade in goods between the parties.
2. The provisions of this chapter does not apply to sanitary and phytosanitary measures, which shall be governed by Chapter 6 of this Agreement.
3. This chapter shall not apply to purchasing specifications prescribed by governmental institutions, which shall be governed by chapter 8 of this Agreement.
Article 7.3. Confirmation of the TBT Agreement
The Parties confirm their rights and obligations existing between them in accordance with the TBT Agreement.
Article 7.4. International Standards
In determining whether an international standard, guidance or recommendation within the meaning of articles 2 and 5 and annex 3 of the TBT Agreement Each Party shall apply the principles set endecisiones and recommendations adopted by the Committee since 1 January 1995, G / TBT / Rev. 1 /
8, 23 May 2002, section IX (Decision of the Committee on Principles for the development of international standards, guidelines and recommendations related to articles 2 and 5 and annex 3 of the Agreement), issued by the Committee on Technical Barriers to Trade (TBT Agreement).
Article 7.5. Trade Facilitation
The Parties shall intensify their joint work in the field of standards and technical regulations and conformity assessment procedures with a view to facilitating access to their respective markets. in particular, the parties shall seek to identify, develop and promote bilateral initiatives that are appropriate for particular issues or sectors. such initiatives may include cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards; alignment with international standards; reliance on a supplier declaration of conformity, the recognition and acceptance of the results of the conformity assessment, and the use of accreditation of agencies to qualify the conformity assessment, as well as cooperation through the mutual recognition.
Article 7.6. Technical Regulations
1. Technical Regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking into account the risks that would be to achieve them. such legitimate objectives include: national security requirements; the prevention of misleading practices; protection of human health or safety of animal or plant life or health or the environment. in assessing such risks, the relevant elements to take into consideration include: available scientific and technical information; related processing technology; or intended end uses of goods.
2. With regard to technical regulations, each Party shall accord to products of the other party National Treatment and treatment no less favourable than that accorded to like products originating in a country that is not a party.
3. Technical Regulations adopted not be maintained if the circumstances that led to their adoption no longer exist or if the specific objectives can be less restrictively.
4. Each Party shall give favourable consideration to accepting as equivalent technical regulations of the other Contracting Party, even if these regulations differ from its, provided that those technical regulations produce outcomes that are equivalent to those produced by its own technical regulations in pursuing its legitimate objectives and achieving the same level of protection.
5. A Party, at the request of the other Party explain the reasons why it has not accepted a technical regulation of that Party as equivalent.
Article 7.7. Conformity Assessment
1. Recognizing the existence of differences in the conformity assessment procedures in their respective territories, the Parties shall make compatible with the highest possible degree in accordance with international standards and with the provisions in this chapter, the conformity assessment procedures.
2. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment, including:
(a) The importing party supplier on a declaration of conformity;
(b) Voluntary arrangements between conformity assessment bodies in the territory of each party;
(c) Agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other party;
(d) Accreditation procedures for qualifying conformity assessment bodies;
(e) The designation of government bodies and conformity assessment;
(f) Recognition by one party of the results of conformity assessments performed in the territory of the other party.
3. The Parties shall intensify their exchange of information on the range of mechanisms to facilitate the acceptance of the results of conformity assessment.
4. In the event that a Party does not accept the results of the conformity assessment performed in the territory of the other party, shall, at the request of the other Party explain the reasons to take the necessary remedial actions.
5. Each Party shall adopt, permit or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those accorded to conformity assessment bodies in its territory. if a Party authorizes, accredits, approves or otherwise recognises a body assessing conformity with a particular
Technical regulation or standard in its territory and refuses to accredit, adopt, authorise or otherwise recognize a body that assessing conformity with technical regulation or standard in the territory of the other Party shall, upon request, explain the reasons for its refusal to take the necessary remedial actions.
6. If a Party rejects a request from the other party to engage in or conclude negotiations to reach agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the territory of the other party, it shall, upon request, explain the reasons for its decision.
7. The Parties shall seek to ensure that conformity assessment procedures applied between them facilitate trade by ensuring that they are no more restrictive than is necessary to provide an importing party with confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create.
8. In order to enhance confidence in the continued reliability of each other the results of the conformity assessment, the parties may consult, as appropriate, to reach a mutually satisfactory agreement on such matters as the technical competence of the conformity assessment bodies involved.
Article 7.8. International System of Units
The Parties shall endeavour to use, for the purpose of trade, the international system of units.
Article 7.9. Transparency
1. Each Party shall permit persons of the other Party to participate in the development of standards and technical regulations and conformity assessment procedures. each Party shall permit persons of the other Party to participate in the development of such measures on terms no less favourable than those accorded to its own persons.
2. Each Party shall recommend that non-governmental standardizing bodies in its territory observe paragraph 1.
3. The Parties shall transmit electronically through the contact point for each Party established under article 10 of the TBT Agreement, the draft technical regulations and conformity assessment procedures that it intends to adopt, at the same time as the party notifies the other members of the WTO, in accordance with the TBT Agreement and this Agreement.
4. Each Party shall allow a period of at least 60 days from the transmission of the notification referred to in paragraph 3, to enable interested parties to submit comments and consultations and such measures to ensure that the notifying party may absolverlas and taken into account. to the extent possible, the notifying party shall give favourable consideration to requests from the other party for an extension of the deadline for comments.
5. In the event that arise or threaten to arise urgent problems related to a legitimate objectives of the Parties and adopt a technical regulation or conformity assessment procedure shall notify the other party to electronically through the contact point referred, at the same time as it notifies the other members of the WTO.
6. Each Party shall, as far as possible, notify and publish technical regulations including those that are consistent with the technical content of any relevant international standard.
7. Each Party shall publish or in print, electronically or otherwise make available to the public its responses to significant comments at the same time as the publication of the technical regulation or conformity assessment procedure.
8. Each Party shall, at the request of the other Party shall provide information regarding the objectives and the reasons of a technical regulation or conformity assessment procedure that it has taken or intends to take.
9. Each Party shall ensure that there is at least an Information Centre in its territory able to answer questions and all reasonable requests of the Party and other interested persons and provide the relevant documentation on all matters pertaining to this chapter. the information centre shall be the same operating in the TBT Agreement.
10. With the exception of the preceding paragraph, each Party shall implement this article as soon as is practicable and in no event later than three (3) years from the Entry into Force of this Agreement.
Article 7.10. Committee on Technical Barriers to Trade
1. The parties establish a Committee on Technical Barriers to Trade composed of representatives appointed by each Party in accordance with annex 7.10.
2. The functions of the Committee shall include:
(a) Monitor the implementation and administration of this chapter;
(b) Promptly address matters that a Party proposes to the development, adoption application or implementation of technical regulations or standards and conformity assessment procedures, including authorization or approval procedures;
(c) Enhancing cooperation in the development and improvement of laws, regulations or technical conformity assessment procedures;
(d) As appropriate, facilitate sectoral cooperation between governmental and non-governmental entities in the field of standards and technical regulations and conformity assessment procedures in the territories of the Parties as well as to facilitate the process of mutual recognition agreements and equivalence of technical regulations;
(e) Exchange information on the work in non-governmental fora, regional and multilateral cooperation programmes involved in activities related to technical regulations, standards and conformity assessment procedures;
(f) At the request of a party, consultation on any matter arising under this chapter;
(g) Any other action that will assist the parties consider them in implementing this chapter and the TBT Agreement and in facilitating trade in goods;
(h) Reviewing this chapter in light of developments within the Committee of the TBT Agreement and developing recommendations for amendments to this chapter if necessary;
(i) Report to the Commission on the implementation of this chapter;
(j) Establish as necessary for particular issues or sectors, working groups for the treatment of specific matters related to this chapter and the TBT Agreement.
3. The Parties shall make every effort to reach a mutually satisfactory solution, on the consultations referred to in paragraph 1 (f), within a period not exceeding sixty (60) days.
4. Where the parties have had recourse to consultations in accordance with paragraph 1 (f), such consultations shall constitute consultations under Article 16.4 (consultations).
5. Upon request, a Party will give favourable consideration to any other party the sector-specific proposal makes for further cooperation under this chapter.
6. The Committee shall meet at least once a year or more frequently at the request of one of the parties via teleconference or videoconference, other means agreed.
Article 7.11. Technical Cooperation
1. At the request of a party, the other party may provide technical cooperation and assistance on mutually agreed terms and conditions to strengthen their systems of standardization, technical regulations and conformity assessment.
2. Each Party shall encourage standardizing bodies and conformity assessment in its territory to cooperate with the other party in its territory, as appropriate, in the development of its activities, such as through membership in international standardisation and conformity assessment bodies.
Article 7.12. Information Exchange
1. Any information or explanation is provided that at the request of a Party under the provisions of this chapter shall be provided in a manner
In print or electronically within a period of sixty (60) days, which may be extended prior justification for the reporting Party.
2. With regard to the exchange of information, in accordance with article 10 of the TBT Agreement, the Parties shall implement the recommendations contained in document decisions and recommendations adopted by the Committee since 1 January 1995, G / TBT / Rev. 1 / 8, 23 May 2002, section IV (procedure for the exchange of information) issued by the Committee on Technical Barriers to Trade, in paragraphs 3 and 4.
Article 7.13. Definitions
For purposes of this chapter shall apply the terms contained in annex 1 of the TBT Agreement.
Chapter 8. Trade Defence
Section A. Safeguard Measures
Article 8.1. Imposition of a Safeguard Measure
1. A Party may apply a measure described in paragraph 2, only during the transition period, if as a result of the reduction or elimination of a customs duty pursuant to this Agreement, originating goods of the other party is being imported into its territory in such increased quantities in absolute terms or relative to domestic production and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry producing a like or directly competing goods.
2. If the conditions set out in paragraph 1, to the extent necessary to prevent or remedy serious injury or threat thereof, and to facilitate adjustment, a Party may:
(a) Suspend any further reduction of the rate of duty provided for under this Agreement for the product; or
(b) Increasing the tariff rate for the good to a level not to exceed the lesser of:
(i) The most-favoured-nation tariff rate applied at the time the measure is applied; and
(ii) the most-favored-nation tariff rate applied on the day immediately preceding the entry into force of this agreement. (1)
3. No party may apply simultaneously a safeguard measure under article XIX of GATT 1994 bilateral and a safeguard measure under this chapter.
4. No party may apply a global safeguard measure on an originating product of the other party where the corresponding to the imports of the product concerned in the importing Party does not exceed three per cent (3 per cent), provided that the exporting party and other developing countries with a share of imports less than three per cent (3 per cent) do not represent together more than nine (9 percent) per cent of total imports of the product in question.
Article 8.2. Standards for a Safeguard Measure
1. No party may maintain a safeguard measure:
(a) For a period exceeding two (2) years; except that the period shall be extended for a further year (1), if the competent authority determines, in accordance with the procedures set out in Article 8.3, the measure that continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is adjusting; or
(b) After the expiration of the transition period.
2. In order to facilitate adjustment in a situation where the expected duration of a safeguard measure is over one year (1), the party applying the measure shall progressively liberalize it at regular intervals during the period of application.
3. No party may apply a safeguard measure more than once on the same good.
4. Upon the termination of the safeguard measure, the tariff rate shall be that which would be in effect under Agenda for release, according to article 22.3.3 (effect), if the safeguard never been applied.
Article 8.3. Investigation Procedures and Transparency Requirements
1. A Party may not apply a safeguard measure only after an investigation by the competent authority of the Party in accordance with articles 3 and 4.2 (c) of the safeguards agreement; and to this end, these articles are incorporated into and form part of this Agreement mutatis mutandis.
2. In the investigation described in paragraph 1, the Party shall comply with the requirements of Article 4.2 (a) of the safeguards agreement; and to this end, this article is incorporated into and form part of this Agreement mutatis mutandis.
Article 8.4. Notification and Consultation
1. A Party shall be promptly notified in writing to the other party, when:
(a) Initiating a safeguard proceeding under this chapter;
(b) The determination of the existence of serious injury or threat thereof caused by increased imports under Article 8.1; and
(c) Taking a decision to apply, modify or extend a safeguard measure.
2. A Party shall provide to the other party a copy of the public version of the report of its competent investigating authority required under article 8.3.1.
3. At the request of a Party whose good is subject to a safeguard investigation under this chapter, the party conducting that proceeding shall enter into consultations with the requesting party to review a notification under paragraph 1 or any public notice or report issued by the competent investigating authority with respect to the procedure.
Article 8.5. Compensation
1. A Party applying a safeguard measure, after consultation with the other party whose good against the measure is applied; provide a mutually agreed compensation liberalizing trade in the form of trade concessions having substantially equivalent effects or equivalent to the value of the additional duties expected to result from the measure. the party applying the safeguard measure shall provide opportunity for such consultations within thirty (30) days after the application of the safeguard measure.
2. If the consultations under paragraph 1 do not result in an agreement on compensation liberalizing trade within thirty (30) days, the Party whose good against the measure is applied may suspend the application of trade concessions substantially equivalent to the trade of the party applying the safeguard measure.
3. A Party whose good against the measure is applied shall notify in writing the party applying the safeguard measure at least thirty (30) days before suspending concessions under paragraph 2.
4. The obligation of compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate when the tariff rate or tariff rate provided in the schedule of release of the Party under Article 22.3.3 (effect).
Article 8.6. Global Safeguard Measures
1. Each Party retains its rights and obligations under article XIX of GATT 1994 and the Agreement on Safeguards.
2. This agreement does not confer any additional rights or obligations on the parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Agreement on Safeguards.
Article 8.7. Definition
For purposes of this section:
Agreement on safeguards means the Agreement on Safeguards, which is part of the WTO agreement;
The competent investigating authority means:
(a) In the case of Chile, National Commission to investigate the existence of price distortions in imported goods; and
(b) In the case of Colombia, branch of business practices of the Ministry of Commerce, Industry and Tourism.
With respect to domestic industry means an imported goods, the producers as a whole of the like or directly competing goods operating in the territory of a party or those producers whose collective output of the like or directly competing goods constitutes a majority proportion of the total domestic production of those goods;
Measure means a safeguard measure described in article 8.1.2;
Serious injury means a significant overall impairment in the position of a domestic industry;
Substantial cause means which is a cause and not less important than any other cause;
Threat of serious injury means clearly imminent serious damage on the basis of facts and not merely on allegation, conjecture or remote possibility;
Transition period means the period in which a good is zero tariff according to its programme of relief.
Section B. Anti-dumping and Countervailing Duties
Article 8.8. Antidumping and Countervailing Duties
1. Each Party retains its rights and obligations under the WTO Agreement with regard to the application of anti-dumping and countervailing duties.
2. No provision of this Agreement, including those of Chapter 16 (Dispute Settlement), shall be construed as imposing any rights or obligations on the parties with regard to actions on anti-dumping and countervailing duties.