Article 16.7. Forced or Compulsory Labor
1. Each Party recognizes the objective of eliminating all forms of forced or compulsory labor, including forced or compulsory child labor.
2. The Parties agree to identify opportunities for cooperation to exchange information, experiences and best practices in this area.
Article 16.8. Responsible Business Conduct
Each Party shall encourage enterprises operating within its territory or jurisdiction to incorporate, in their internal policies, principles and standards of responsible business conduct, which contribute to achieving sustainable development, in its labor dimension, and which are consistent with its respective applicable legislation and with internationally recognized guidelines and principles that have been adopted or endorsed by that Party.
Article 16.9. Cooperation
1. The Parties recognize the importance of cooperation as a mechanism to effectively implement this Chapter, increase opportunities for knowledge and exchange of good practices of the Parties in order to improve labor standards and further advance common commitments with respect to labor issues and decent work, including the well-being and quality of life of workers and the principles and rights set forth in the ILO Declaration.
2. In the choice of areas of cooperation and the implementation of their activities, the Parties shall be guided by the following principles:
(a) consideration of each Party's priorities and available resources;
(b) broad participation of, and to the mutual benefit of, the Parties;
(c) relevance of capacity and skills development activities, including technical assistance between the Parties to address labor protection issues and activities to promote innovative labor practices in the workplace;
(d) generation of measurable, positive and meaningful work results;
(e) resource efficiency, including through the use of technology, as appropriate, to optimize the resources used in cooperative activities;
(f) complementarity with existing regional and multilateral initiatives to address labor issues, and
(g) transparency and public participation.
3. Each Party shall seek the views and, as appropriate, the participation of persons or organizations of that Party, including representatives of workers and employers, in identifying potential areas for cooperation and carrying out cooperative activities. Subject to the agreement of the Parties, cooperative activities may involve relevant regional or international organizations, such as the ILO, as well as non-Parties.
4. The financing of cooperative activities carried out under this Chapter shall be decided by the Parties on a case-by-case basis through the Labor Committee established in Article 16.13.4.
5. In addition to the cooperative activities set forth in this Article, the Parties shall, as appropriate, join and take advantage of their respective memberships in regional and multilateral fora to promote their common interests in addressing labor issues.
6. The Parties may carry out the cooperation activities through:
(a) workshops, seminars, dialogues and other forums to exchange knowledge, experiences and best practices, including online forums and other knowledge-sharing platforms;
(b) study tours, visits and research studies to document and study policies and practices;
(c) collaborative research and development related to best practices in areas of mutual interest;
(d) specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) other forms as the Parties may decide.
Article 16.10. Public Awareness and Procedural Safeguards
1. Each Party shall facilitate and promote public awareness of its labor legislation, including by ensuring that information related thereto and the procedures for its application and enforcement are available to the public.
2. Each Party shall ensure, as provided in its legal system, that persons with a legally recognized right or interest in a particular matter have appropriate access to impartial and independent tribunals for the enforcement of that Party's labor laws.
3. Each Party shall ensure that proceedings before the courts for the enforcement of its labor laws comply with due process in accordance with each Party's legal system. Any hearing in such proceedings shall be open to the public, except where the Party's legal system requires otherwise.
4. Each Party shall provide, as appropriate under its legal system, that the parties to such proceedings shall have the right to file appeals and to seek review or appeal.
5. Each Party shall provide, in accordance with its legal system, procedures for the effective enforcement of the final decisions of its courts in these proceedings.
Article 16.11. Public Communications
1. Each Party shall, in accordance with its legal system, provide that communications written by a person or organization of that Party on matters relating to this Chapter are received and considered. Accordingly, each Party shall make available to the public, in an accessible manner, its procedures for the receipt and consideration of written submissions, for example by posting them on an appropriate website.
2. A person or organization of a Party may submit a communication to the contact point of that Party, designated pursuant to Article 16.13. In such a case, a Party may provide in its procedures that, in order to be admissible for consideration, a communication must, at a minimum, be submitted:
(a) Raise an issue directly relevant to this Chapter;
(b) Clearly identify the person or organization making the submission; and
(c) Explain, to the best of their ability, how and to what extent the matter raised affects trade or investment between the Parties.
3. Each Party shall respond to such communications in a timely manner in writing and in accordance with its internal procedures.
Article 16.12. Institutional Provisions
1. In order to facilitate communication between the Parties for purposes of this Chapter, each Party shall designate a contact point within its Ministry of Labor or Ministry of Foreign Affairs or corresponding entity, within six (6) months following the date of entry into force of this Agreement. Each Party shall notify the other, as soon as possible, of any change in the point of contact.
2. The Parties may exchange information by any means of communication, including the Internet and videoconferencing.
3. The points of contact shall:
(a) facilitate frequent communication and coordination between the Parties;
(b) attend the Labor Committee established in paragraph 4;
(c) report to the Administrative Commission regarding the implementation of this Chapter, if necessary;
(d) act as a channel of communication with the public in their respective territories, and
(e) work together, including with other appropriate agencies of their governments, to develop and implement cooperative activities, consistent with the other chapters of this Agreement.
4. The Parties establish the Labor Committee (hereinafter referred to as the "Committee"), which may meet to discuss matters of mutual interest, including potential areas of cooperation, the review of the implementation of this Chapter and to address any issues that may arise between them. The Committee shall be composed of high-level government representatives or their designees responsible for labor and trade matters.
5. The Committee shall meet:
(a) in regular sessions at least every two (2) years, and
(b) at extraordinary sessions at the request of any of the Parties.
The ordinary sessions shall be chaired alternatively by each Party and the extraordinary sessions by the Party that requested it. The sessions shall be held, as a general rule, by videoconference or digital means and, in person, every two (2) years if the Parties so agree.
6. The Committee may hold public meetings to report on relevant matters when the Parties so agree.
7. All recommendations of the Committee shall be made by mutual consent.
8. The functions of the Committee shall be:
(a) supervise the implementation of this Chapter and make recommendations on its future development and, to this end, within three (3) years after the date of entry into force of this Agreement, the Committee shall review its operation and effectiveness in the light of the experience gained;
(b) establish priority areas for cooperation activities and approve, during its first year of operation, the cooperation work plan that will have a duration of two (2) years;
(c) directing the work and activities established by the same;
(d) to approve the publication, in accordance with the terms and conditions it may establish, of reports and studies prepared by independent experts;
(e) facilitate consultations through the exchange of information;
(f) deal with questions arising between the Parties concerning the interpretation or application of this Chapter, and
(g) promote the collection and publication of comparable information on the application of laws, labor standards and labor market indicators on specific issues of interest to the Parties.
9. The Committee may consider any other matter within the scope of this Chapter and take such other action in the exercise of its functions as the Parties may agree.
Article 16.13. Public Participation
1. In carrying out its activities, including meetings, the Committee may provide the means for the reception and consideration of the views of representatives of its labor and business organizations, as well as of persons with a legitimate interest in matters related to this Chapter.
2. For the purposes of paragraph 1, each Party shall establish or maintain and consult with national bodies of tripartite membership or establish mechanisms for that purpose, with the objective of providing views on matters relating to this Chapter.
Article 16.14. Dialogue on Trade and Labor Issues
1. The Parties shall make every effort through dialogue, consultation, exchange of information and, where appropriate, cooperation, to address any matter that may affect the operation of this Chapter.
2. A Party may request a consultation with respect to any matter arising under this Chapter by delivering a written communication to the contact point of the other Party. That Party shall include information that is specific and sufficient to enable the other Party to respond, including identification of the matter at issue under this Chapter.
3. Unless otherwise agreed, the Parties shall meet within ninety (90) days from the date of receipt of the written communication.
4. The Parties shall make every effort to reach an understanding on the matter, which may include appropriate cooperative activities.
5. If the Parties are unable to reach an understanding, a Party may request the Committee to meet to consider the matter by submitting a written request to the other Party's point of contact.
6. The Committee shall meet promptly after delivery of the request and shall seek to reach an understanding on the matter. At the Committee, the Parties shall prepare a report reflecting the outcome of the meeting, which may contain recommendations for actions to be implemented by the Parties as soon as possible.
7. If the Parties to the Committee are unable to reach an understanding, a Party may refer the matter to the Administrative Commission.
8. The meetings and communications held in accordance with this Article shall be confidential. The meetings may be held in person or by any available technological means, as agreed by the Parties.
Article 16.15. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 17. Trade and Environment
Article 17.1. Context and Objectives
1. The Parties recognize that the environment is one of the three dimensions of development sustainable and to be addressed in a balanced way with the social and economic dimensions.
In this regard, the Parties recognize the contribution that trade can make to development sustainable.
2. The Parties recall the 1972 Stockholm Conference on the Human Environment; the United Nations Conference on Environment and Development 1992; the The 1992 Rio Declaration on Environment and Development; Agenda 21 on the Environment and Development Development in 1992; the WTO Agreement; the Earth Summit in Johannesburg on Sustainable Development in 2002; the United Nations Conference on Sustainable Development (Rio+20) in 2012 and its outcome document "The Future We Want and the Agenda 2030 for Sustainable Development.
3. The objectives of this Chapter are:
(a) To promote mutually supportive trade and environmental policies;
(b) Promote high levels of environmental protection that contribute to the objective of sustainable and equitable development;
(c) Promote effective environmental law enforcement;
(d) Enhancing the capabilities of Parties to address environmental issues on trade, including through bilateral cooperation, and
(e) Promote the use of environmental measures in accordance with their objectives legitimate and not as a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade, in accordance with the of the WTO.
4. Taking into account their respective national priorities and circumstances, the Parties recognize that greater cooperation to protect and conserve the environment and manage The sustainable use of its natural resources brings benefits that can contribute to the development to strengthen their environmental governance and to complement the objectives of this Agreement.
Article 17.2. Right to Regulate In Environmental Matters
1. The Parties recognize the sovereign right of each Party to establish its own priorities their own levels of internal environmental protection and conservation, as well as establish, adopt or modify its environmental legislation and policies accordingly.
2. Each Party shall ensure that its environmental laws and policies are consistent with the Multilateral Environmental Agreements (hereinafter referred to as "MEAs") of the to be a part of it.
Article 17.3. General Commitments
1. Each Party shall endeavour to ensure that its environmental laws and policies provide for and encourage high levels of environmental protection and to continue to improve their respective levels of environmental protection.
2. The Parties shall not apply their environmental laws and regulations in a manner that constitutes a disguised restriction on trade or unjustifiable or arbitrary discrimination.
3. After the date of entry into force of this Agreement, neither Party shall cease to effectively enforce its environmental laws through any sustained or recurring course of action or inaction affecting trade or investment between the Parties.
4. The Parties recognise that each Party retains the right to exercise discretion and to make decisions with respect to
(a) Investigative, judicial, regulatory, and enforcement matters; and
(b) The allocation of resources for the enforcement of environmental laws to which has assigned a higher priority.
Accordingly, a Party is in compliance with paragraph 3 if a course of action or inaction reflects the reasonable exercise of that discretion, or results from good faith decisions with respect to the allocation of resources in accordance with that Party's priorities for enforcement of its environmental laws.
5. Without prejudice to Article 17.2, the Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection provided for in their environmental legislation. Accordingly, neither Party shall repeal, or otherwise make without legal effect, or offer to derogate from, or otherwise render ineffective, its environmental legislation, in a way that weakens or reduces the protection afforded in its legislation, in order to encourage trade or investment between the Parties.
6. The Parties shall seek to cooperate on matters of mutual interest within the framework of the WTO Committee on Trade and Environment.
7. Nothing in this Chapter shall be construed to empower the authorities of a Party to conduct environmental enforcement activities in the territory of the other Party.
Article 17.4. Multilateral Environmental Agreements (meas)
1. The Parties recognize that the MEAs to which they are party are important for the protection of the environment and that their implementation is fundamental to achieving the objectives of such agreements as the international community's response to the problems environmental. In this regard, the Parties stress the need to improve mutual support under an appropriate linkage between trade and environmental policies. Accordingly, the Parties reaffirm their commitment to implement the MEAs to which they are party.
2. The Parties agree to cooperate, as appropriate, with respect to environmental matters of mutual interest related to MEAs to which they are party and, in particular, on issues trade-related. The Parties shall also have a dialogue on issues of mutual interest, as follows as appropriate, on multilateral negotiations in the field of trade and environment.
Article 17.5. Access to Justice, Information and Participation In Environmental Matters
1. The Parties reaffirm the full validity of Principle 10 of the 1992 Rio Declaration on Environment and Development, which states that all people should have access to information, as well as the opportunity to participate in decision-making in environmental matters and to have access to justice through administrative and judicial procedures.
2. The Parties agree to exchange information and cooperate with each other in relation to the implementation of Principle 10 of the 1992 Rio Declaration on Environment and Development, promoting the participation of interested citizens.
3. Each Party shall facilitate and promote public awareness of its environmental laws and policies, including enforcement and compliance procedures, by ensuring that relevant information is available to the public.
4. Each Party shall ensure, in accordance with its legal system, that an interested person may request that the competent authorities of that Party investigate alleged violations of its environmental laws and give due consideration to such requests.
5. Each Party shall ensure that judicial or administrative proceedings for the enforcement of its environmental laws, in accordance with its legal system, are available, accessible and comply with due process. Hearings in such proceedings shall be open to the public, unless the Party's legal system provides otherwise.
6. Each Party shall provide for appropriate sanctions and remedies for violations of its environmental laws and ensure their proper enforcement.
7. Each Party shall receive requests for information from persons or organizations in its territory regarding the implementation of this Chapter, which shall be considered and responded to in accordance with its legal system.
8. Each Party shall make use of existing consultative mechanisms or, if appropriate, establish new mechanisms, to seek views on matters related to the implementation of this Chapter.
9. Each Party shall make its procedures for the receipt and consideration of written submissions available to the public in an accessible manner, for example, by posting them on an appropriate public website.
Article 17.6. Responsible Business Conduct
Each Party shall encourage enterprises operating within its territory or jurisdiction to incorporate, in their internal policies, principles and standards of responsible business conduct that contribute to achieving sustainable development, including its environmental dimension, and that are consistent with their respective applicable legislation and with internationally recognized guidelines and principles that have been adopted or endorsed by that Party.
Article 17.7. Voluntary Sustainability Mechanisms In Their Environmental Dimension
1. The Parties recognize that flexible and voluntary mechanisms, such as voluntary audits and reporting, market-based incentives, voluntary exchange of information and expertise, and public-private partnerships, can contribute to the achievement and maintenance of high levels of environmental protection and complement domestic regulatory measures. The Parties also recognize that such mechanisms should be designed to maximize environmental benefits and avoid creating unnecessary barriers to trade.
2. Pursuant to paragraph 1, if private sector entities or non-governmental organizations develop voluntary mechanisms for the promotion of products based on environmental attributes, each Party shall encourage such entities and organizations to develop voluntary mechanisms that, inter alia:
(a) are truthful, do not mislead the consumer and take into account scientific and technical information;
(b) are based on relevant international standards, guidelines or recommendations and good practices, if applicable and available;
(c) promote competition and innovation, and
(d) do not treat a product less favorably on the basis of its origin.
Article 17.8. Cooperation on Trade and Environment
1. The Parties recognize the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits and to strengthen the joint and individual capabilities of the Parties to protect the environment and to promote sustainable development, while strengthening their trade and investment relations.
2. Taking into account their priorities, national circumstances and available resources, the Parties shall cooperate to address matters of mutual interest related to the implementation of this Chapter and may include international bodies and organizations or non in this cooperation.
3. Each Party shall designate the authority or authorities responsible for cooperation related to the implementation of this Chapter, to serve as your point of contact The national authorities are responsible for the coordination of cooperation activities.
4. Each Party may share its cooperation priorities and propose cooperation activities related to the implementation of this Chapter.
5. Cooperation may include areas such as: sustainable consumption and production; exchange of experiences and information on training, administration and management of areas design and implementation of cost-effective management or monitoring plans for protected areas creation, recognition, consolidation and territorial and environmental optimization of protected areas; governance and participation of indigenous and local communities in administration and management of protected areas and exchange of experiences and sustainable practices of environmental and territorial management implemented by indigenous and local communities; marine and coastal biodiversity conservation and pollution control; integrated fire management, fire prevention and control and other areas that the Parties agree.
6. Where possible and appropriate, the Parties will seek to complement and use their mechanisms and take into account the relevant work of regional and international organizations.
7. Cooperation may be carried out through various means, including: dialogues workshops, seminars, conferences, collaborative programs and projects, technical assistance for promote and facilitate cooperation and training; the exchange of good practices in policies and procedures and the exchange of experts.
8. Each Party shall, as appropriate, promote public participation in the development and implementation of cooperation activities.
9. All cooperative activities under this Chapter are subject to the availability of funds and human and other resources, as well as to laws and applicable regulations of the Parties. The Parties shall decide, on a case-by-case basis, on the financing of cooperation activities.
Article 17.9. Trade and Biodiversity
1. The Parties recognize the importance of the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the utilization of genetic resources, in accordance with their respective legal systems or domestic policies and the key role of biological diversity in achieving sustainable development. They also reaffirm their commitments under the 1992 Convention on Biological Diversity and related legal instruments to which they are party.
2. Each Party shall promote and encourage the conservation and sustainable use of biological diversity, as well as the fair and equitable sharing of benefits arising from the utilization of genetic resources, in accordance with its respective domestic laws or policies.
3. The Parties recognize the importance of respecting, preserving and maintaining the knowledge, innovations and practices of indigenous and local communities that involve traditional lifestyles that contribute to the conservation and sustainable use of biological diversity.
4. The Parties recognize the importance of facilitating access to genetic resources within their respective jurisdictions, in accordance with their international obligations. The Parties recognize the importance of genetic resources for food and agriculture and their special role for food security. Each Party further recognizes that it may require, through domestic measures, prior informed consent for access to genetic resources in accordance with its respective domestic law or policies and, where such access is
The terms of this agreement may also require the establishment of mutually agreed terms, including with respect to the sharing of benefits arising from the utilization of such genetic resources.
5. The Parties also recognize the importance of participation, in accordance with their respective domestic laws or policies, in the development and implementation of measures relating to the conservation and sustainable use of biological diversity, as well as the fair and equitable sharing of benefits arising from the utilization of genetic resources. Each Party shall, as far as possible, make publicly available information on its programs and activities, including cooperation programs, related to the conservation and sustainable use of biological diversity and the fair and equitable sharing of benefits arising from the utilization of genetic resources in accordance with its respective domestic laws or policies.
6. Pursuant to Article 17.8, the Parties shall cooperate to address matters of mutual interest. Cooperation may be carried out through the exchange of information, experiences and training in areas related to, but not limited to:
(a) conservation and sustainable use of biological diversity;
(b) the protection and conservation of ecosystems and ecosystem services, and
(c) access to genetic resources, access to and protection of traditional knowledge associated with genetic resources, and the fair and equitable sharing of benefits arising from the utilization of genetic resources in accordance with their respective domestic laws or policies.
Article 17.10. Invasive Alien Species
1. The Parties recognize that the transboundary movement of terrestrial and aquatic invasive alien species through trade-related pathways may adversely affect the environment, economic activities, development and human health. The Parties also recognize that the prevention, early detection, control and, where possible, eradication of alien invasive species are fundamental strategies for the prevention and mitigation of risks related to the introduction of such species and for the management of adverse impacts.
2. The Committee on Trade and Environment shall coordinate with the Committee on Sanitary and Phytosanitary Measures established under Chapter 4 (Sanitary and Phytosanitary Measures) to identify opportunities for cooperation to exchange information and management experiences on the movement, prevention, early detection, control and, where possible, eradication of invasive alien species, in order to enhance efforts to assess and address the risks and adverse impacts of invasive alien species.
Article 17.11. Marine Capture Fisheries
1. The Parties recognize their role as consumers, producers and marketers of fishery products and the importance of the marine fisheries sector for their development and for the livelihood of their fishing communities, including artisanal and small-scale fisheries. The Parties also recognize that securing the availability of fishery resources is a challenge to the international community. Therefore, the Parties recognize the importance of taking measures aimed at the conservation and sustainable management of fisheries.