Article 15 bis.8. Participation of Interested Persons
The Committee shall establish appropriate mechanisms for interested persons of the Parties to have the opportunity to provide views on issues related to regulatory reform and strengthening.
Article 15 bis.9. Notification of Implementation Report
1. For transparency purposes, and to serve as a basis for cooperation and capacity building activities, each Party shall notify an implementation report of this Chapter to the Committee within two years of the date of entry into force of the First Amending Protocol and at least once every three years thereafter. For this purpose, each Party shall circulate such report to the other Parties through the contact points designated pursuant to Article 15 bis.6.9. Such report may be reviewed by the Committee at its next meeting.
2. In its first report, each Party shall describe the actions it has taken since the date of entry into force of the First Amending Protocol and those it plans to take to implement this Chapter, including those to:
(a) establish a body or mechanism to facilitate effective interagency coordination and review of draft or proposed regulatory measures covered, in accordance with Article 15 bis.4;
(b) encourage its competent regulatory authorities to conduct regulatory impact assessments, in accordance with Articles 15 bis.5.1 and 15 bis.5.2;
(c) ensure that draft or proposed regulatory measures covered are accessible, in accordance with Articles 15 bis.5.5.5 and 15 bis.5.6;
(d) review existing covered regulatory measures, in accordance with Article 15 bis.5.7; and
(e) make public the annual notice of covered regulatory measures intended to be issued or amended during the following 12 months, in accordance with Article 15 bis.5.8.
3. In its successive reports, each Party shall describe the actions it has taken since the previous report and the actions it plans to take to implement this Chapter.
4. In considering matters relating to the implementation of this Chapter pursuant to Article 15bis.6.4, the Committee may conduct a review of the implementation reports. During this review, the Parties may discuss or ask questions on specific aspects of any Party's report. The Committee may also, on the basis of such review, identify opportunities for assistance or cooperative activities. assistance or cooperative activities.
Article 15 bis.10. Relationship to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of the Additional Protocol, the other Chapter shall prevail to the extent of the inconsistency.
Article 15 bis.11. Settlement of Disputes
This Chapter is not subject to the provisions set out in Chapter 17 (Settlement of Disputes) of the Additional Protocol.
Chapter 15. TRANSPARENCY
Article 15.1. Definitions
For the purposes of this Chapter:
Administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and factual situations that generally fall within its scope and that establishes a standard of conduct, but does not include:
(a) A determination or ruling made in administrative proceedings that applies to a particular person, good or service of any of the Parties in a specific case; or
(b) A ruling on a particular act or practice.
Article 15.2. Points of Contact
1. The contact points referred to in Annex 15.2 shall facilitate communication between the Parties on any matter covered by this Additional Protocol.
2. At the request of any of the Parties, the contact point of a Party shall indicate the office and the official responsible for the matter and it shall provide the necessary support for facilitating communication with the requesting Party.
Article 15.3. Publication
1. Each Party shall ensure, pursuant to its domestic law, that its laws, regulations, procedures and administrative rulings of general application regarding any matter covered by this Additional Protocol, are promptly published or made available to interested persons and to other Parties.
2. Each Party must, insofar as possible:
(a) Publish in advance any measure mentioned in paragraph 1 that it proposes to adopt; and
(b) Provide a reasonable opportunity for interested persons and other Parties to comment on the proposed measures.
Article 15.4. Notice and Provision of Information
1. Each Party, wherever possible, must inform the other Parties of any proposed or existing measure that the Party considers may materially affect the operation of this Additional Protocol, or that may substantially affect the interests of another Party pursuant to this Additional Protocol.
2. At the request of any of the Parties, a Party shall promptly provide information and answer questions related to any proposed or existing measure that the requesting Party considers may materially affect the operation of this Additional Protocol or substantially affect its interests under this Additional Protocol, regardless of whether the requesting Party was previously informed of that measure.
3. Any notice, request or information related to this Article shall be provided by the relevant contact points.
4. Any notice, answer or information provided pursuant to this Article shall be without prejudice to the measure's consistency with this Additional Protocol.
5. Where a Party provides confidential information to another Party, in accordance with this Additional Protocol, the other Party shall keep that information confidential.
Article 15.5. Administrative Proceedings
In order to administer the measures described in Article 15.3 in a consistent, impartial and reasonable manner, each Party shall ensure that in its administrative procedures in which these measures are applied to particular persons, goods or services of another Party in specific cases:
(a) Wherever possible, persons of another Party that are directly affected by a proceeding are provided reasonable notice of the initiation of proceedings pursuant to the Party's domestic procedures, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of all the issues in dispute;
(b) Such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) Its procedures are consistent with its domestic law.
Article 15.6. Review and Appeal
1. Each Party shall establish and maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review, and where appropriate, correction of final administrative actions concerning matters covered by this Additional Protocol. Such tribunals shall be impartial and independent of the office or authority responsible for applying administrative measures and they shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceedings have the right to:
(a) areasonable opportunity to support or defend their respective positions; and
(b) A decision based on the evidence and arguments put forth or, where required by that Party's domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decisions are implemented by, and govern the practice of, the office or authority concerned by the administrative action at issue.
Article Annex 15.2. POINTS OF CONTACT
For the purposes of Article 15.2 the contact points shall be:
(a) In the case of Chile, the Department of South America and Regional Integration Agencies of the Directorate General of International Economic Relations of the Ministry of Foreign Affairs, or its successor;
(b) In the case of Colombia, the Directorate of Economic Integration of the Ministry of Trade, Industry and Tourism, or its successor;
(c) In the case of Mexico, the International Negotiations Unit of the Undersecretariat of Foreign Trade of the Ministry of Economy, or its successor;
(d) In the case of Peru, the Department of Foreign Trade of the Ministry of Foreign Trade and Tourism, or its successor.
Chapter 16. ADMINISTRATION OF THE ADDITIONAL PROTOCOL
Article 16.1. Free Trade Commission
1. The Parties hereby establish the Free Trade Commission. This Commission shall comprise officials from the ministerial level of each Party, as set out in Annex 16.1, or their designees, and it shall be chaired by the Party holding the pro tempore presidency of the Pacific Alliance.
2. The Free Trade Commission shall establish its own rules and procedures, and it shall adopt decisions and recommendations by consensus.
3. The ordinary meetings of the Free Trade Commission shall be held annually, unless the Parties agree otherwise. Any Party may request the convening of an extraordinary meeting. Free Trade Commission meetings may be held in person or through any technological means.
4. The Free Trade Commission must hold its first ordinary meeting within the first year of this Additional Protocol entering into force.
5. The Free Trade Commission shall hold meetings with all Parties present.
Article 16.2. Functions of the Free Trade Commission
1. The Free Trade Commission must:
(a) Ensure that the provisions of this Additional Protocol are complied with and properly implemented;
(b) Assess the results achieved through the implementation of this Additional Protocol;
(c) Contribute to the dispute resolution process pursuant to Chapter 17 (Dispute Resolution);
(d) Supervise the work of all committees, subcommittees and working groups established under this Additional Protocol under Annex 16.2, as well as those established pursuant to paragraph 2 (b); and
(e) Consider any other matter that may affect the operation of this Additional Protocol, or that is requested by the Parties.
2. The Free Trade Commission may: (a) Adopt decisions in order to:
(i) Improve the tariff conditions for market access of originating goods established in the Partiesâ respective tariff elimination schedules under Annex 3.4;
(ii) Approve recommendations proposed by the Committee on Rules of Origin and Procedures Related to Origin, Trade Facilitation and Customs Cooperation, pursuant to Article 4.30.2 (b) (i) (Committee on Rules of Origin and Procedures Related to Origin, Trade Facilitation and Customs Cooperation);
(iii) Modify the format and instructions of the certificate of origin established in Annex 4.17 (Certificate of Origin and Instructions for its completion); and
(iv) Update the entities listed in Annex 8.2, pursuant to the provisions of Article 8.18 (Modifications and Rectifications).
(v) approve the implementation annexes referred to in Article 7.11 (Implementation Annexes).
Each Party shall implement any decision referred to in subparagraph
(a) within the timeframe agreed by the Parties (1) and pursuant to its domestic legal procedures.
(b) Establish the committees and working groups that it deems relevant within the framework of this Additional Protocol;
(c) Issue interpretations on the provisions of this Additional Protocol;
(d) Seek the advice of persons or entities that it considers appropriate; (e) Recommend amendments to be made to this Additional Protocol by the Parties; and
(f) Adopt other actions and measures, within the scope of its functions, which ensure that the objectives set out under this Additional Protocol are achieved.
Annex 16.1. MEMBERS OF THE FREE TRADE COMMISSION
The Free Trade Commission shall comprise:
(a) In the case of Chile, the General Director of International Economic Relations, or his or her successor;
(b) In the case of Colombia, the Minister of Trade, Industry and Tourism, or his or her successor;
(c) In the case of Mexico, the Minister of Economy, or his or her successor; and
(d) In the case of Peru, the Minister of Foreign Trade and Tourism, or his or her successor.
Annex 16.2. COMMITTEES, SUBCOMMITTEES AND WORKING GROUPS
1. Committees
(a) Committee on Market Access (Article 3.17);
(b) Committee on Rules of Origin and Procedures Related to Origin, Trade Facilitation and Customs Cooperation (Article 4.30);
(c) Committee on Scarce Supply (Article 4.31);
(d) Committee on Sanitary and Phytosanitary Measures (Article 6.14); (e) Committee on Technical Barriers to Trade (Article 7.9);
(f) Committee on Government Procurement (Article 8.23);
(g) Joint Committee on Investment and Services (Article 10.33);
(h) Committee on Financial Services (Article 11.18); and
(i) Regulatory Improvement Committee (Article 15 bis.6).
2. Subcommittees
(a) Subcommittee on Services (Article 9.15); and
(b) Subcommittee on Investment (Article 10.33.6).
3. Working Groups
(a) Technical Working Group of the Authorised Economic Operator (Annex 5.8); and
(b) Working Group of Annex 5.9 (Annex 5.9, paragraph 6).
Chapter 17. DISPUTE RESOLUTION
Article 17.1. Definitions
For the purposes of this Chapter:
Complaining Party means the Party that seeks the establishment of a Panel of Arbitrators pursuant to Article 17.7 and makes a complaint, that may comprise one or more Parties in accordance with Article 17.9;
Consultee means the Party that receives a request for consultation pursuant to Article 17.5; Consulting Party means the Party that seeks consultation pursuant to Article 17.5; Consulting Parties means the Consultee and the Consulting Party;
Disputing Parties means the complaining Party and the Party complained against;
Party complained against means the Party against whom the establishment of a Panel of Arbitrators is sought pursuant to Article 17.7 and against whom a complaint is made;
Third party means a Party that is not party to the dispute and that participates in the consultations in accordance with Article 17.5.10 or in the proceedings before the Panel of Arbitrators pursuant to Article 17.7.
Article 17.2. General Provisions
1. The disputing Parties shall endeavour to reach an agreement on the interpretation and implementation of this Additional Protocol and they shall make every effort to reach a mutually satisfactory solution to any matter that may affect its operation.
2. This Chapter shall seek to offer the Parties an effective, efficient and transparent dispute resolution process with regard to their rights and obligations as set out in this Additional Protocol.
Article 17.3. Scope of Application
Unless otherwise provided for in this Additional Protocol, the provisions of this Chapter shall apply to the prevention and resolution of any dispute that arises between the Parties (1) with regard to the interpretation or implementation of the provisions of this Additional Protocol or where a Party considers that: (a) An existing or proposed measure of another Party is or may be inconsistent with the obligations set out in this Additional Protocol;
(b) Another Party has otherwise breached the obligations set out in this Additional Protocol, or
(c) An existing or proposed measure of another Party has caused or may cause the nullification or impairment of the benefits that the Party may have reasonably expected to receive from the implementation of any of the provisions of this Additional Protocol, pursuant to Annex 17.3.
Article 17.4. Choice of Forum
1. The disputes concerning single issues that arise in relation to the provisions of this Additional Protocol, the Agreement on the WTO or any other trade agreement to which the Parties are party, may be resolved in any of the said forums, as selected by the complaining Party.
2. Once the complaining Party has sought the establishment of a Panel of Arbitrators under this Chapter or under one of the agreements referred to in paragraph 1, or once the complaining Party has sought the establishment of a panel pursuant to the Understanding on Rules and Procedures goveming the Settlement of Disputes that is part of the Agreement on the WTO, the forum selected shall be to the exclusion of the others.
Article 17.5. Consultations
1. Any Party may request in writing consultations with any other Party with regard to any matter referred to in Article 17.3. The consulting Party shall deliver the request to the other Party, explaining the reasons for the request, including identification of the applicable measure and indication of the legal grounds for the complaint. The consulting Party shall promptly send a copy of the request to the other Parties.
2. The Consultee shall promptly reply in writing to the request for consultations, within 10 days of receipt of such request.
3. The consultations shall be entered into in good faith.
4. Notwithstanding the provisions of paragraph 5, the consultations shall take place within 30 days of the date the request is received, unless the consulting Parties agree to a different timeframe.
5. In urgent circumstances, such as those related to perishable goods, the consultations shall be carried out within 15 days of the date the request is received, unless the consulting Parties agree to a different timeframe.
6. The consulting Parties shall ensure that consultations are organised in an expedited and timely manner, including the involvement of their competent authorities or other regulatory bodies with technical knowledge of the subject matter of the consultations.
7. The consulting Parties shall make every effort to reach a mutually satisfactory resolution of the matter undergoing consultation pursuant to the provisions of this Article. To this end, each consulting Party:
(a) Shall provide sufficient information to enable a full examination of the measure or subject matter of the consultations; and
(b) Shall treat confidential or proprietary information received during consultations on the same basis as the Party providing the information.
8. The consultations shall be confidential, notwithstanding the rights of the Parties in any other proceedings.
9. The consultations may be carried out in person or by any other technological means agreed by the consulting Parties. If in person, consultations must be carried out in the territory of the consultee, unless the consulting Parties agree otherwise.
10. Any of the Parties that considers itself to have an interest in the subject matter of the consultations, may participate in the consultations in the capacity of a third party, if it informs the other Parties in writing within five days of receiving a copy of the request for consultations.
11. Parties participating in consultations in the capacity of a third party may express their opinions on the matter at issue, during consultations.
12. The involvement of third parties shall not affect the consultations, in order that the consulting Parties may achieve a mutually satisfactory solution to the matter at issue.
Article 17.6. Intervention of the Free Trade Commission
1. Any of the consulting Parties may make a written request for the intervention of the Free Trade Commission, in any of the following cases:
(a) where the consultee does not reply to the request for consultations pursuant to Article 17.5.2; or
(b) where the subject matter of the consultations is not resolved within the timeframe established in Article 17.5.4 or Article 17.5.5, as appropriate.
2. The consulting Party or the consultee shall deliver the request referred to in paragraph 1 to the other Party, as appropriate, setting out the reasons for the request, including identification of the measure at issue and an indication of the legal grounds for the complaint. A copy of the request must be promptly sent to the other Parties.
3. Unless the consulting Parties agree to a different timeframe, the Free Trade Commission must meet within 10 days of receipt of the request and it shall endeavour for the consulting Parties to reach a mutually satisfactory resolution on the subject matter of the consultations within 30 days of their meeting. To this end, the Free Trade Commission may:
(a) Call on technical advisers or create working groups on the subject as it deems necessary;
(b) Have recourse to good offices, conciliation, mediation, or other alternative dispute resolution mechanisms; or
(c) Make recommendations.
4. The Free Trade Commission may consolidate two or more proceedings regarding the same measure or matter before it pursuant to this Article. The Free Trade Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article where it determines them appropriate to be examined jointly.
Article 17.7. Establishment of a Panel of Arbitrators
1. The complaining Party may make a written request to the Party complained against for the establishment of a Panel of Arbitrators, when:
(a) The Free Trade Commission has not convened within 10 days of the delivery of the request for intervention, or within the timeframe agreed by the consulting Parties, pursuant to Article 17.6.3;
(b) The matter has not been resolved within 30 days of the meeting of the Free Trade Commission, pursuant to Article 17.6.3;