2. The Parties recognize that inadequate fisheries management, certain forms of fisheries subsidies that contribute to overfishing and overcapacity, as well as illegal, unreported and unregulated fishing (hereinafter referred to as "IUU fishing"), can have significant negative impacts on trade, development and the environment and recognize the need for individual and collective action to address the problems of overfishing and unsustainable use of fisheries resources. The term "illegal, unreported and unregulated fishing" shall be understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2001 Plan of Action for IUU Fishing) of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO").
3. In developing and implementing conservation and management measures, Parties shall take into account social, commercial, developmental and environmental concerns and the importance of artisanal or small-scale fisheries to the livelihoods of local fishing communities.
4. Each Party shall seek to operate a fisheries management system that regulates wild marine capture fisheries and is designed to:
(a) prevent overfishing and overcapacity;
(b) reduce bycatch of particularly vulnerable non-target species, including through regulation of fishing gear that results in bycatch and regulation of fishing in areas where bycatch is likely to occur;
(c) promote the recovery of overfished stocks for all marine fisheries in which persons of the Party are engaged in fishing activities, and
(d) promote fisheries management with an ecosystem approach, including through cooperation among the Parties.
Such management system shall be based on the best available scientific evidence and internationally recognized best practices for fisheries management and conservation, as reflected in the relevant provisions of international instruments to ensure the sustainable use and conservation of marine species. These instruments include, inter alia and as applicable, the 1982 United Nations Convention on the Law of the Sea; the 1995 United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement); the 1995 United Nations Code of Conduct for the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement); and the 1995 United Nations Code of Conduct for the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement); the FAO Code of Conduct for Responsible Fisheries; the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement); the 2001 Plan of Action for IUU Fishing; and the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
5. Each Party shall promote the long-term conservation of sharks, sea turtles, seabirds and marine mammals, through the implementation and effective enforcement of conservation and management measures. Such measures should include, as appropriate:
(a) in the case of sharks: the collection of species-specific information, bycatch mitigation measures, catch limits and finning bans, and
(b) in the case of sea turtles, seabirds and marine mammals: bycatch mitigation measures, relevant conservation and management measures, prohibitions and other measures in accordance with relevant international agreements to which the Party is a party.
6. In support of efforts to combat IUU fishing practices and to help deter trade in products of species harvested by such practices, each Party shall:
(a) cooperate to identify needs and build capacity to support the implementation of this Article;
(b) support monitoring, control, surveillance, compliance and enforcement systems, including through the adoption or revision, as applicable, of measures to:
(i) deter vessels flying their flag and their nationals from engaging in IUU fishing activities, and
(ii) combat the transshipment at sea of fish or fishery products caught through IUU fishing activities, in accordance with its legal system;
(c) implementing port state measures;
(d) endeavor not to undermine relevant conservation and management measures adopted by RFMOs of which it is not a member, so as not to undermine such measures, including catch documentation schemes.
7. Each Party shall, to the extent possible, provide the opportunity to comment on draft measures designed to prevent trade in fishery products resulting from IUU fishing.
8. For greater certainty, this Article does not apply to aquaculture.
Article 17.12. Forestry Matters
1. The Parties recognize the importance of management and conservation, including sustainable management of forests, for sustainable development.
2. In accordance with their international obligations in forestry matters and their legal system, the Parties undertake to:
(a) to promote the trade of legally harvested forest products, especially those from sustainable forest management;
(b) exchange information and, as appropriate, cooperate on initiatives to promote forest management, including initiatives to combat illegal logging and promote sustainable forest management; and
(c) cooperate, where appropriate, in international fora dealing with the conservation and sustainable management of forests, with a view to sustainable development.
Article 17.13. Sustainable Agriculture
1. The Parties recognize the increasing impact that global changes such as climate change, biodiversity loss, land degradation, droughts and the emergence of new pests and diseases have on the development of productive sectors such as agriculture, livestock and forestry.
2. The Parties recognize the importance of strengthening policies and developing programs that contribute to the development of more productive, sustainable, inclusive and resilient agricultural systems.
3. The Parties will share information and experiences in the development and implementation of integrated policies aimed at incorporating the pillars of sustainable agricultural development. In this regard, the Parties will seek to improve agricultural productivity by considering the protection and sustainable use of ecosystems and natural resources, including water, soil and air, biodiversity and ecosystem services, as well as strengthening the social dimension, in addition to contributing to the effective adaptation and mitigation of the agricultural, forestry and food sectors to global changes.
Article 17.14. Trade and Climate Change
1. The Parties recognize that climate change poses significant risks to communities, infrastructure, the economy, the environment and human health, with potential consequences for international trade, and that efforts are required to build resilience. The Parties also reaffirm the principles and objectives of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement and their commitments under the respective instruments.
2. In accordance with the foregoing, each Party shall:
(a) promote the contribution of trade to sustainable development and the transition to a sustainable low-emission economy and climate-resilient development, and
(b) promote actions on mitigation and adaptation to climate change.
3. The Parties recognize, in the context of sustainable development, that there are different economic, social and environmental policy instruments that enable the achievement of national climate change objectives and support the achievement of their international climate change commitments. The Parties may share information and experiences in the development and implementation of such instruments. In particular, the Parties recognize that there are important areas of collaboration between the Parties on climate change adaptation and mitigation.
4. Pursuant to Article 17.8, the Parties shall cooperate to address matters of common interest. Areas of cooperation may include, among others: climate finance; climate governance and institutions; sustainable consumption and production and climate change; air quality co-benefits of greenhouse gas control measures; climate change mitigation and adaptation; resilient water management; sustainable agriculture; energy efficiency; research and development of cost-effective low-emission technologies; development of alternative, clean and renewable energy sources; solutions to deforestation and forest degradation; recovery of degraded areas; monitoring, reporting and verification (MRV) of greenhouse gas (GHG) emissions; methodologies for accounting for GHG emissions reductions under international agreements; carbon pricing mechanisms and other complementary measures to support a low-emissions transition; control of the spread of pests and diseases; preparedness for and action against extreme events related to climate change, such as forest fires, drought and desertification.
Article 17.15. Indigenous and Local Communities
1. The Parties recognize the contribution of indigenous and local communities, defined in accordance with their respective legal systems, to the promotion of sustainable development, including in its environmental dimension, and the importance of promoting trade that is inclusive and that can strengthen this contribution.
2. The Parties will seek to exchange information and experiences and cooperate in areas of mutual interest, such as the participation of indigenous and local communities in environmental management and trade, and the promotion of the contributions that these communities make to sustainable development.
Article 17.16. Trade In Wild Flora and Fauna
1. The Parties affirm the importance of combating illegal trade in wildlife and recognize that this trade undermines efforts to conserve and sustainably manage these natural resources.
2. The Parties, in accordance with their international obligations in the MEAs and their legal system, undertake to:
(a) promote trade in legally obtained wild flora and fauna; and
(b) exchange information and cooperate, as appropriate, on initiatives of mutual interest to improve coordination, communication, and training among authorities in areas such as legal and sustainable trade, and to promote conservation and combat poaching and wildlife trafficking.
Article 17.17. Institutional Provisions
1. In order to facilitate communication between the Parties for purposes of this Chapter, each Party shall designate a contact point within one hundred and eighty (180) days of the date of entry into force of this Agreement. Each Party shall notify the other Party, as soon as possible, of any change with respect to the point of contact.
2. The Parties may exchange information by any means of communication, including the Internet and videoconferencing.
3. The Parties establish the Trade and Environment Committee, which shall be composed of high-level government representatives, or their designees, responsible for environmental and trade issues. The Trade and Environment Committee shall meet every two (2) years, unless otherwise agreed by the Parties.
4. The Trade and Environment Committee shall have the following functions:
(a) to discuss the implementation of this Chapter;
(b) identify potential areas of cooperation, consistent with the objectives of this Chapter;
(c) report to the Administrative Commission regarding the implementation of this Chapter, if necessary, and
(d) consider matters referred by the Parties under Article 17.18.
Article 17.18. Dialogue on Trade and Environment
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 Trade and Environment Committee to meet to consider the matter by submitting a written request to the other Party's point of contact.
6. The Trade and Environment Committee will meet promptly after the submission of the application and seek to reach an understanding on the matter. The Trade and Environment Committee will meet promptly after the submission of the application and seek to reach an understanding on the matter.
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 Trade and Environment Committee are unable to reach an understanding, a Party may refer the matter to the Administrative Commission.
8. The meetings and communications held pursuant to this Article shall be confidential. The meetings may be held in person or by any available technological means, as agreed by the Parties.
Article 17.19. 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 18. Trade and Gender
Article 18.1. General Provisions
1. The Parties recognize the importance of mainstreaming a gender perspective in promotion of inclusive economic growth and the fundamental role that gender policies can play in achieving sustainable economic development, which aims, among others, to distribute its benefits among the entire population, offering equal opportunities to men and women in the labour market, in business, trade and industry.
2. The Parties recognize objective 5 of the Sustainable Development Goals of the Agenda 2030 of the United Nations, which seeks to achieve gender equality and empowerment of all women and girls. The Parties reaffirm the importance of promote gender equality policies and practices and develop their capacity in this area, including in the non-governmental sectors, to promote equal rights, treatment and opportunities between men and women and to eliminate all forms of discrimination and violence towards women.
3. The Parties recognize that international trade and investment are drivers of economic growth, and that improving women's access to opportunities and removing obstacles in their countries improves their participation in the national and international economy and contributes to sustainable economic development.
4. The Parties reaffirm the commitments made in the Joint Declaration on Trade and Women's Economic Empowerment on the occasion of the Conference WTO Ministerial in Buenos Aires in December 2017, which aims to achieve the elimination of barriers to women's economic empowerment and to increase the participation of women women in commerce.
5. The Parties also recognise that improving the participation of women in the market and their economic autonomy, access to financing, economic resources and The development of the private sector, which is owned by them, contributes to sustainable and inclusive economic growth and prosperity, to the competitiveness and welfare of society.
6. The Parties affirm their commitment to adopt, maintain and effectively implement their laws, regulations, policies and good practices on gender equality.
7. Each Party shall promote internally public awareness of its laws, gender equality regulations, policies and practices.
Article 18.2. International Agreements
1. Each Party reaffirms its commitment to implement the obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the United Nations General Assembly on 18 December 1979.
2. Each Party reaffirms its commitment to the Inter-American Convention on Prevention, Sanctioning and Eradicating Violence against Women (Belém do Pará Convention), adopted by General Assembly of the Organization of American States on September 6, 1994.
3. Each Party reaffirms its commitment to implement the obligations contained in other international agreements to which they are party, which relate to gender equality or women's rights.
Article 18.3. Cooperation Activities
1. The Parties recognise the benefit of sharing their respective design experiences, implementation, monitoring and strengthening of policies and programmes to encourage participation of women in the national and international economy.
2. The Parties shall carry out cooperative activities designed to enhance the and the conditions of women, including women workers, entrepreneurs and businesswomen, to access and benefit fully from the opportunities created by this Agreement. You are activities will include the inclusive participation of women.
3. Cooperation activities shall be based on themes and topics agreed by the Parties through interaction with their respective government institutions, sector entities educational and research institutions, as well as other non and their representatives, as appropriate.
4. Areas of cooperation may include:
(a) Developing or strengthening programmes to promote full participation and advancement of women in society, encouraging capacity-building and the improvement of women's skills in work, business and decision-making in all sectors of society, including in the corporate directories;
(b) Improving women's access, participation and leadership in the sciences, technology, engineering, mathematics, business and innovation, including education in these areas;
(c) Promoting financial inclusion and education, as well as promoting access to financing and financial assistance;
(d) Advancing women's leadership and the development of women's networks;
(e) Developing good practices to promote gender equality within the companies;
(f) Strengthen the participation of women in decision-making positions in the public and private sectors;
(g) Promoting women's entrepreneurship and enterprise;
(h) Advance care policies and programmes with a gender perspective and shared social responsibility in the public and private sectors;
(i) Promote joint projects financed by international organizations that encourage entrepreneurship, investment or export of leading companies by women;
(j) Conduct gender-based analysis;
(k) Develop and share methods and procedures for data collection The use of indicators and the analysis of gender-sensitive trade-related statistics, and
(l) Other matters as agreed by the Parties.
5. The Parties may carry out cooperative activities in the areas identified in paragraph 4 through:
(a) Workshops, seminars, dialogues and forums to exchange knowledge, experience and good practices;
(b) Internships, visits and research studies to document and study policies and good practices;
(c) Collaborative research and development of projects and good practices on issues of mutual interest;
(d) Specific exchanges of technical expertise and assistance technique, where appropriate, and
(e) Other activities agreed by the Parties.
6. Priorities for cooperative activities shall be decided by the Parties on the basis of their interests and available resources.
Article 18.4. Trade and Gender Committee
1. The Parties shall establish a Trade and Gender Committee (hereinafter referred to as the "Committee"), composed of representatives of the governmental institutions responsible for trade and gender of each Party.
2. The Committee:
(a) determine, organize and facilitate the cooperative activities referred to in Article 18.3;
(b) make recommendations to the Administrative Commission on any matter related to this Chapter;
(c) facilitate the exchange of information on each Party's experiences in establishing and implementing policies and programs to address gender issues, in order to achieve the greatest possible benefit under this Agreement;
(d) facilitate the exchange of information on the experiences and lessons learned by the Parties, through the cooperative activities carried out under Article 18.3;
(e) discuss and deliberate on the participation of international organizations, bilateral and multilateral development banks, government agencies, educational and research institutions, private sector entities, non-governmental organizations or other relevant institutions, as appropriate and in accordance with the priorities of the Parties, to assist in the development of projects and the implementation of cooperative activities on trade and gender issues.
(f) consider matters related to the implementation and operation of this Chapter;
(g) upon request of a Party, consider and discuss any matter that may arise regarding the interpretation and application of this Chapter; and
(h) perform such other functions as may be determined by the Parties.
3. The Committee shall meet annually, by videoconference or otherwise, and every two (2) years in person, unless otherwise agreed by the Parties, to consider any matter arising under this Chapter.
4. The Committee shall establish a work plan that integrates the cooperative activities set forth in Article 18.3.
5. The Committee and the Parties may exchange information and coordinate activities by e-mail, videoconference and other forms of communication.
6. In carrying out its duties, the Committee may work with other committees, working groups and subsidiary bodies established in this Agreement.
7. The Parties may invite experts or relevant organizations to the meetings of the Committee to provide information.
8. For the development of projects, the Committee may work jointly with international organizations, governmental institutions, private sector entities, educational and research institutions, and other non-governmental organizations, as appropriate.
9. Within two (2) years of the first meeting of the Committee, the Committee shall review the implementation of this Chapter and shall report to the Administrative Commission.
10. Each Party shall make available to the public information on the activities carried out under this Chapter.
Article 18.5. Points of Contact
To facilitate communication between the Parties on the implementation of this Chapter, each Party designates the following Point of Contact and shall promptly notify the other Party if any changes occur:
(a) in the case of Brazil, the Department of Regional Economic Integration of the Ministry of Foreign Affairs (DEIR/MRE), or its successor, and
(b) in the case of Chile, the Directorate of Bilateral Economic Affairs of the Directorate General of International Economic Relations, or its successor.
Article 18.6. Trade and Gender Dialogue
The Parties shall make every effort, through dialogue, consultation and cooperation, to reach an understanding on any matter arising in connection with the interpretation and application of this Chapter.
Article 18.7. 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 19. Economic-commercial Cooperation
Article 19.1. Objectives
1. The Parties agree to establish a framework of economic and commercial cooperation activities as a means to expand and disseminate the benefits of this Agreement.
2. The Parties, recognizing the historical accumulation of bilateral technical cooperation, establish that this Chapter does not replace the existing technical cooperation mechanisms between them, but rather strengthens the global vision of the bilateral relationship, focusing on the particularities of this Agreement.
3. The Parties further recognize the important role of the business sector, academia and civil society in general in promoting and fostering mutual economic growth and development.
4. The Parties establish close cooperation aimed, inter alia, at:
(a) strengthen and expand existing bilateral economic and trade cooperation relations, and
(b) deepen and increase the level of cooperative activities between the Parties in the areas covered by this Agreement.
Article 19.2. Scope of Application
1. The Parties reaffirm the importance of all forms of cooperation mentioned in the scope of this Agreement.
2. Cooperation between the Parties shall contribute to the fulfillment of the objectives of this Agreement, through the identification and development of cooperation programs aimed at adding value to their economic-commercial relations.
3. Cooperative activities shall be agreed between the Parties and may include, among others, those listed in Article 19.4.
4. The cooperation between the Parties contemplated in this Chapter shall complement the cooperation and cooperative activities contained in other chapters of this Agreement.
Article 19.3. Areas of Cooperation
1. The areas of cooperation shall consider all matters covered by this Agreement.
2. The Parties may pursue and strengthen areas of cooperation to assist in:
(a) Implementation and dissemination of the provisions of this Agreement;
(b) Improving each Party's ability to take advantage of the economic opportunities created by this Agreement; and
(c) The promotion and facilitation of trade and investment of the Parties.