Chile - EC Association Agreement (2002)
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(d) any conditions that suppliers must fulfil to participate in the procurement;

(e) time-limits for submission of tenders and, where appropriate, other time limits;

(f) main criteria to be used for award of the contract; and

(g) if possible, terms of payment and any other terms.

Notice of planned procurement

4. Each Party shall encourage its entities to publish as early as possible in each fiscal year, a notice of planned procurement containing information regarding entities' future procurement plans. Such notice should include the subject matter of the procurement and the planned date of the publication of the notice of intended procurement.

5. Entities operating in the utilities sector may use a notice of planned procurement as a notice of intended procurement, under the condition that such notice contains as much of the information referred to in paragraph 3 as is available, and that it explicitly invites interested suppliers to express their interest in the procurement to the entity.

6. Entities having used a notice of planned procurement as a notice of intended procurement shall subsequently communicate to all suppliers who have expressed an initial interest further information that shall include, at least, the information referred to in paragraph 3 and ask them to confirm their interest on that basis.

Notice regarding permanent lists of qualified suppliers

7. Entities which intend to maintain permanent lists shall, consistently with paragraph 2, publish a notice which shall identify the entity, and indicate the purpose of the permanent list and the availability of the rules concerning its operation, including criteria for qualification and disqualification, as well as its duration.

8. Where the permanent list is of a duration greater than three years, the notice shall be published annually.

9. Entities operating in the utilities sector may use a notice on the existence of permanent lists of qualified suppliers as a notice of intended procurement. In that case, they shall provide, in a timely manner, information which allows all those who have expressed an interest to assess their interest in participating in the procurement. This information shall include the information contained in the notice referred to in paragraph 3, to the extent that such information is available. Information provided to one interested supplier shall be provided in a non-discriminatory manner to the other interested suppliers. Common provisions

10. Each notice referred to in this Article shall be accessible during the entire time period established for tendering for the relevant procurement.

11. Entities shall publish the notices in a timely manner through means which offer the widest possible and non-discriminatory access to the interested suppliers of the Parties. These means shall be accessible free of charge through a single point of access specified in Annex XIII, Appendix 2.

Article 148. Tender Documentation

1. Tender documentation provided to suppliers shall contain all information necessary to permit them to submit responsive tenders.

2. Where contracting entities do not offer free direct access to the entire tender documents and any supporting documents by electronic means, entities shall make promptly available the tender documentation at the request of any supplier of the Parties.

3. Entities shall promptly reply to any reasonable request for relevant information relating to the intended procurement, on condition that such information does not give that supplier an advantage over its competitors.

Article 149. Technical Specifications

1. Technical specifications shall be set out in the notices, tender documents or additional documents.

2. Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary barriers to trade between the Parties.

3. Technical specifications prescribed by entities shall

(a) be in terms of performance and functional requirements rather than design or descriptive characteristics; and

(b) be based on international standards, where these exist or, in their absence, on national technical regulations (12), recognised national standards (13), or building codes.

4. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued.

5. In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as "or equivalent".

6. There shall be no requirement for or reference to a particular trademark or trade name, patent, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that words, such as "or equivalent", are included in the tender documentation.

7. The tenderer shall have the burden of proving that his bid meets the essential requirements.

(12) For the purpose of this Title, a technical regulation is a document which lays down characteristics of a product or a service or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production method.
(13) For the purpose of this Title, a standard is a document approved by a recognised body, that provides, for common and repeated use, rules, guidelines or characteristics for products or services or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, service, process or production method.

Article 150. Time-limits

1. All time-limits established by the entities for the receipt of tenders and requests to participate shall be adequate to allow suppliers of the other Party, as well as domestic suppliers, to prepare and to submit tenders, and where appropriate, requests for participation or applications for qualifying. In determining any such time-limit, entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of the intended procurement and the normal time for transmitting tenders from foreign as well as domestic points.

2. Each Party shall ensure that its entities shall take due account of publication delays when setting the final date for receipt of tenders or of request for participation or for qualifying for the supplier's list.

3. The minimum time-limits for the receipt of tenders are specified in Annex XIII, Appendix 3.

Article 151. Negotiations

1. A Party may provide for its entities to conduct negotiations:

(a) in the context of procurements in which they have indicated such intent in the notice of intended procurement; or

(b) when it appears from evaluation that no one tender is obviously the most advantageous in terms of the specific evaluation criteria set forth in the notices or tender documentation.

2. Negotiations shall primarily be used to identify the strengths and weaknesses in tenders.

3. Entities shall not, in the course of negotiations, discriminate between tenderers. In particular, they shall ensure that:

(a) any elimination of participants is carried out in accordance with the criteria set forth in the notices and tender documentation;

(b) all modifications to the criteria and to the technical requirements are transmitted in writing to all remaining participants in the negotiations;

(c) on the basis of the revised requirements and/or when negotiations are concluded, all remaining participants are afforded an opportunity to submit new or amended tenders in accordance with a common deadline.

Article 152. Submission, Receipt and Opening of Tenders

1. Tenders and requests to participate in procedures shall be submitted in writing.

2. Entities shall receive and open bids from tenderers under procedures and conditions guaranteeing the respect of the principles of transparency and non-discrimination.

Article 153. Awarding of Contracts

1. To be considered for award, a tender must, at the time of opening, conform to the essential requirements of the notices or tender documentation and be submitted by a supplier which complies with the conditions for participation.

2. Entities shall make the award to the tenderer whose tender is either the lowest tender or the tender which, in terms of the specific objective evaluation criteria previously set forth in the notices or tender documentation, is determined to be the most advantageous.

Article 154. Information on Contract Award

1. Each Party shall ensure that its entities provide for effective dissemination of the results of government procurement processes.

2. Entities shall promptly inform tenderers of decisions regarding the award of the contract and of the characteristics and relative advantages of the selected tender. Upon request, entities shall inform any eliminated tenderer of the reasons for the rejection of its tender.

3. Entities may decide to withhold certain information on the contract award where release of such information would prevent law enforcement or otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of suppliers, or might prejudice fair competition between them.

Article 155. Bid Challenges

1. Entities shall accord impartial and timely consideration to any complaints from suppliers regarding an alleged breach of this Title in the context of a procurement procedure.

2. Each Party shall provide non-discriminatory, timely, transparent and effective procedures enabling suppliers to challenge alleged breaches of this Title arising in the context of procurements in which they have, or have had, an interest.

3. Challenges shall be heard by an impartial and independent reviewing authority. A reviewing authority which is not a court shall either be subject to judicial review or shall have procedural guarantees similar to those of a court.

4. Challenge procedures shall provide for:

(a) rapid interim measures to correct breaches of this Title and to preserve commercial opportunities. Such action may result in suspension of the procurement process. However, procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account in deciding whether such measures should be applied; and

(b) if appropriate, correction of the breach of this Title or, in the absence of such correction, compensation for the loss or damages suffered, which may be limited to costs for tender preparation and protest.

Article 156. Information Technology

1. The Parties shall, to the extent possible, endeavour to use electronic means of communication to permit efficient dissemination of information on government procurement, particularly as regards tender opportunities offered by entities, while respecting the principles of transparency and non-discrimination.

2. With a view to improving access to government procurement markets, each Party shall endeavour to implement an electronic information system, which is compulsory for their respective entities.

3. The Parties shall encourage the use of electronic means for the transmission of offers.

Article 157. Cooperation and Assistance

The Parties shall endeavour to provide each other with technical cooperation and assistance through the development of training programs with a view to achieving a better understanding of their respective government procurement systems and statistics and better access to their respective markets.

Article 158. Statistical Reports

Where a Party does not ensure an acceptable level of compliance with Article 147(11), it shall, upon request of the other Party,Acollect and provide to the other Party on an annual basis statistics on its procurements covered by this Title. Such reports shall contain the information established in Annex XIII, Appendix 4.

Article 159. Modifications to Coverage

1. A Party may modify its coverage under this Title, provided that it:

(a) notifies the other Party of the modification; and

(b) provides the other Party, within 30 days following the date of such notification, appropriate compensatory adjustments to its coverage in order to maintain a level of coverage comparable to that existing prior to the modification.

2. Notwithstanding paragraph 1(b), no compensatory adjustments shall be provided to the other Party where the modification by a Party of its coverage under this Title concerns:

(a) rectifications of a purely formal nature and minor amendments to Annexes XI and XII;

(b) one or more covered entities on which government control or influence has been effectively eliminated as a result of privatisation or liberalisation.

3. Where appropriate, the Association Committee shall by decision modify the relevant Annex to reflect the modification notified by the Party concerned.

Article 160. Further Negotiations

If either Party should offer in the future a third party additional advantages with regard to access to their respective procurement markets beyond what has been agreed under this Title, it shall agree to enter into negotiations with the other Party with a view to extending these advantages to it on a reciprocal basis by means of a decision of the Association Committee.

Article 161. Exceptions

Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade between them, nothing in this Title shall be construed to prevent any Party from adopting or maintaining measures:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human life, health or security;

(c) necessary to protect animal or plant life or health;

(d) necessary to protect intellectual property; or

(e) relating to goods or services of handicapped persons, of philanthropic institutions or of prison labour.

Article 162. Review and Implementation

The Association Committee shall review the implementation of this Title every two years, unless otherwise agreed by the Parties; it shall consider any issue arising from it, and take appropriate action in the exercise of its functions. It shall, in particular, fulfil the following tasks:

(a) coordinate exchanges between the Parties regarding the development and implementation of information technology systems in the field of public procurement;

(b) make appropriate recommendations regarding the cooperation between the Parties; and

(c) adopt decisions where provided for under this Title.

Title V. Current Payments and Capital Movements

Article 163. Objective and Scope

1. The Parties shall aim at the liberalisation of current payments and capital movements between them, in conformity with the commitments undertaken in the framework of the international financial institutions and with due consideration to each Party's currency stability.

2. This Title applies to all current payments and capital movements between the Parties.

Article 164. Current Account

The Parties shall allow, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, any payments and transfers of the Current Account between the Parties.

Article 165. Capital Account

With regard to movement of capital of the Balance of Payments, from the entry into force of this Agreement, the Parties shall allow the free movements of capital relating to direct investments made in accordance with the laws of the host country and investments established in accordance with the provisions of Title III of this Part of the Agreement, and the liquidation or repatriation of these capitals and of any profit stemming therefrom.

Article 166. Exceptions and Safeguard Measures

1. Where, in exceptional circumstances, payments and capital movements between the Parties cause or threaten to cause serious difficulties for the operation of monetary policy or exchange rate policy in either Party, the Party concerned may take safeguard measures with regard to capital movements that are strictly necessary for a period not exceeding one year. The application of safeguard measures may be extended through their formal reintroduction.

2. The Party adopting the safeguard measures shall inform the other Party forthwith and present, as soon as possible, a time schedule for their removal.

Article 167. Final Provisions

1. With respect to this Title, the Parties confirm the rights and obligations existing under any bilateral or multilateral agreements to which they are parties.

2. The Parties shall consult each other with a view to facilitating the movement of capital between them in order to promote the objectives of this Agreement.

Title VI. Intellectual Property Rights

Article 168. Objective

The Parties shall grant and ensure adequate and effective protection of intellectual property rights in accordance with the highest international standards, including effective means of enforcing such rights provided for in international treaties.

Article 169. Scope

For the purposes of this Agreement, intellectual property rights embodies copyright – including copyright in computer programs and in databases - and related rights, the rights related to patents, industrial designs, geographical indications including appellation of origins, trademarks, layout-designs (topographies) of integrated circuits, as well as protection of undisclosed information and protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act 1967).

Article 170. Protection of Intellectual Property Rights

In pursuance of the objectives set out in Article 168, the Parties shall:

(a) continue to ensure an adequate and effective implementation of the obligations arising from the following conventions:

(i) Agreement on Trade-related Aspects of Intellectual Property, Annex 1C to the Agreement establishing the World Trade Organisation ("the TRIPs");

(ii) Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967);

(iii) Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971);

(iv) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961); and

(v) International Convention for the Protection of New Varieties of Plants 1978 ("1978 UPOV Convention"), or the International Convention for the Protection of New Varieties of Plants 1991 ("1991 UPOV Convention");

(b) by 1 January 2007 acceed to and ensure an adequate and effective implementation of the obligations arising from the following multilateral conventions:

(i) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks (Geneva Act, 1977, amended in 1979);

(ii) World Intellectual Property Organization Copyright Treaty (Geneva, 1996);

(iii) World Intellectual Property Organization Performances and Phonograms Treaty (Geneva, 1996);

(iv) Patent Co-operation Treaty (Washington, 1970, amended in 1979 and modified in 1984); and

(v) The 1971 Strasbourg Agreement Concerning the International Patent Classification (Strasbourg 1971, amended in 1979)

(c) by 1 January 2009 acceed to and ensure an adequate and effective implementation of the obligations arising from the following multilateral conventions:

(i) Convention for the Protection of Producers of Phonograms against the Unauthorised Reproduction of their Phonograms (Geneva 1971);

(ii) Locarno Agreement establishing an International Classification for Industrial Designs (Locarno Union 1968, amended in 1979);

(iii) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977, amended in 1980); and

(iv) Trademark Law Treaty (Geneva, 1994);

(d) make every effort to ratify and ensure an adequate and effective implementation of the obligations arising from the following multilateral conventions at the earliest possible opportunity:

(i) Protocol to the Madrid Agreement concerning the International Registration of Marks (1989);

(ii) Madrid Agreement concerning the International Registration of Marks (Stockholm Act 1967, amended in 1979); and

(iii) The Vienna Agreement establishing an International Classification of Figurative Elements of Marks (Vienna 1973, amended in 1985).

Article 171. Review

While the Parties express their attachment to observing the obligations deriving from the above multilateral conventions, the Association Council may decide to include in Article 170 other multilateral conventions in this field.

Title VII. Competition

Article 172. Objectives

1. The Parties undertake to apply their respective competition laws in a manner consistent with this Part of the Agreement so as to avoid the benefits of the liberalisation process in goods and services being diminished or cancelled out by anti-competitive business conduct. To this end, the Parties agree to cooperate and coordinate among their competition authorities under the provisions of this Title.

2. With a view to preventing distortions or restrictions of competition which may affect trade in goods or services between them, the Parties will give particular attention to anticompetitive agreements, concerted practices and abusive behaviour resulting from single or joint dominant positions.

3. The Parties agree to cooperate and coordinate among themselves for the implementation of competition laws. This cooperation includes notification, consultation, exchange of non-confidential information and technical assistance. The Parties acknowledge the importance of embracing principles on competition that would be accepted by both Parties in multilateral fora, including the WTO.

Article 173. Definitions

For the purpose of this Title:

1. "competition laws" includes:

(a) for the Community, Articles 81, 82 and 86 of the Treaty establishing the European Community, Regulation (EEC) No 4064/89 and their implementing regulations or amendments;

(b) for Chile, Decreto Ley N° 211 of I973 and Ley N° 19.610 of 1999 and their implementing regulations or amendments; and

(c) any changes that the above mentioned legislation may undergo after the entry into force of this Agreement.

2. "competition authority" means:

(a) for the Community, the "Commission of the European Communities"; and

(b) for Chile, the "Fiscalia Nacional Económica" and the "Comisión Resolutiva".

3. "enforcement activity" means any application of competition laws by way of investigation or proceeding conducted by the competition authority of a Party, which may result in the imposition of penalties or remedies.

Article 174. Notifications

  • Part   I GENERAL AND INSTITUTIONAL PROVISIONS 1
  • Title   I Nature and Scope of the Agreement 1
  • Article   1 Principles 1
  • Article   2 Objective and Scope 1
  • Title   II Institutional Framework 1
  • Article   3 Association Council 1
  • Article   4 Composition and Rules of Procedures 1
  • Article   5 Decision-making Powers 1
  • Article   6 Association Committee 1
  • Article   7 Special Committees 1
  • Article   8 Political Dialogue 1
  • Article   9 Association Parliamentary Committee 1
  • Article   10 Joint Consultative Committee 1
  • Article   11 Civil Society 1
  • Part   II POLITICAL DIALOGUE 1
  • Article   12 Objectives 1
  • Article   13 Mechanisms 1
  • Article   14 Cooperation In the Field of Foreign and Security Policy 1
  • Article   15 Cooperation Against Terrorism 1
  • Part   III COOPERATION 1
  • Article   16 General Objectives 1
  • Title   I Economic Cooperation 1
  • Article   17 Industrial Cooperation 1
  • Article   18 Cooperation on Standards, Technical Regulations and Conformity Assessment Procedures 1
  • Article   19 Cooperation on Small and Medium-sized Enterprises 1
  • Article   20 Cooperation on Services 1
  • Article   21 Promoting Investment 2
  • Article   22 Cooperation on Energy 2
  • Article   23 Transport 2
  • Article   24 Cooperation on Agriculture and Rural Sectors and Sanitary and Phytosanitary Measures 2
  • Article   25 Fisheries 2
  • Article   26 Customs Cooperation 2
  • Article   27 Cooperation on Statistics 2
  • Article   28 Cooperation on the Environment 2
  • Article   29 Consumer Protection 2
  • Article   30 Data Protection 2
  • Article   31 Macroeconomic Dialogue 2
  • Article   32 Intellectual Property Rights 2
  • Article   33 Public Procurement 2
  • Article   34 Cooperation on Tourism 2
  • Article   35 Cooperation on Mining 2
  • Title   II Science, Technology and Information Society 2
  • Article   36 Cooperation on Science and Technology 2
  • Article   37 Information Society, Information Technology and Telecommunications 2
  • Title   III Culture, Education and Audio-visual 2
  • Article   38 Education and Training 2
  • Article   39 Cooperation In the Audio-visual Field 2
  • Article   40 Exchange of Information and Cultural Cooperation 2
  • Title   IV State Reform and Public Administration 3
  • Article   41 Public Administration 3
  • Article   42 Inter-institutional Cooperation 3
  • Title   V Social Cooperation 3
  • Article   43 Social Dialogue 3
  • Article   44 Social Cooperation 3
  • Article   45 Cooperation Related to Gender 3
  • Title   VI Other Cooperation Areas 3
  • Article   46 Cooperation on Illegal Immigration 3
  • Article   47 Cooperation on Drugs and Combating Organised Crime 3
  • Title   VII General Provisions 3
  • Article   48 Participation of Civil Society In Cooperation 3
  • Article   49 Regional Cooperation and Regional Integration 3
  • Article   50 Triangular and Bi-regional Cooperation 3
  • Article   51 Future Developments Clause 3
  • Article   52 Cooperation Within the Association Relationship 3
  • Article   53 Resources 3
  • Article   54 Specific Tasks of the Association Committee In Cooperation Matters 3
  • Part   IV TRADE AND TRADE-RELATED MATTERS 3
  • Title   I General Provisions 3
  • Article   55 Objectives 3
  • Article   56 Customs Unions and Free Trade Areas 3
  • Title   II FREE MOVEMENT OF GOODS 3
  • Article   57 Objective 3
  • Chapter   I Elimination of Customs Duties 3
  • Section   1 Common Provisions 3
  • Article   58 Scope 3
  • Article   59 Customs Duty 3
  • Article   60 Elimination of Customs Duties 3
  • Article   61 Standstill 3
  • Article   62 Classification of Goods 4
  • Article   63 Fees and other Charges 4
  • Section   2 Elimination of Customs Duties 4
  • Subsection   2.1 Industrial Products 4
  • Article   64 Scope 4
  • Article   65 Customs Duties on Industrial Imports Originating In Chile 4
  • Article   66 Customs Duties on Industrial Imports Originating In Theacommunity 4
  • Subsection   2.2 Fish and Fisheries Products 4
  • Article   67 Scope 4
  • Article   68 Customs Duties on Fish and Fisheries Imports Originating In Chile 4
  • Article   69 Customs Duties on Fish and Fisheries Imports Originating In the Community 4
  • Subsection   2.3 Agricultural and Processed Agricultural Products 4
  • Article   70 Scope 4
  • Article   71 Customs Duties on Agricultural and Processed Agricultural Imports Originating In Chile 4
  • Article   72 Customs Duties on Agricultural and Processed Agricultural Imports Originating In the Community 4
  • Article   73 Emergency Clause for Agricultural and Processed Agricultural Products 4
  • Article   74 Evolution Clause 4
  • Chapter   II Non Tariff Measures 4
  • Section   1 Common Provisions 4
  • Article   75 Scope 4
  • Article   76 Prohibition of Quantitative Restrictions 4
  • Article   77 National Treatment on Internal Taxation and Regulation  (2) 4
  • Section   2 Antidumping and Countervailing Measures 4
  • Article   78 Antidumping and Countervailing Measures 4
  • Section   3 Customs and Related Matters 4
  • Article   79 Customs and Related Trade Matters 4
  • Article   80 Customs Valuation 4
  • Article   81 Special Committee on Customs Cooperation and Rules of Origin 4
  • Article   82 Enforcement of Preferential Treatment 4
  • Article   83 Objective 4
  • Article   84 Scope and Coverage 4
  • Article   85 Definitions 4
  • Article   86 Basic Rights and Obligations 4
  • Article   87 Specific Actions to Be Pursued Under this Agreement 4
  • Article   88 Committee on Standards, Technical Regulations and Conformity Assessment 5
  • Article   89 Sanitary and Phytosanitary Measures 5
  • Article   90 Wines and Spirits 5
  • Chapter   III Exceptions 5
  • Article   91 General Exception Clause 5
  • Article   92 Safeguard Clause 5
  • Article   93 Shortage Clause 5
  • Title   III TRADE IN SERVICES AND ESTABLISHMENT 5
  • Article   94 Objectives 5
  • Chapter   I Services 5
  • Section   1 Common Provisions 5
  • Article   95 Scope 5
  • Article   96 Definitions 5
  • Article   97 Market Access 5
  • Article   98 National Treatment 5
  • Article   99 Schedule of Specific Commitments 5
  • Article   100 Review 5
  • Article   101 Movement of Natural Persons 5
  • Article   102 Domestic Regulation 5
  • Article   103 Mutual Recognition 5
  • Article   104 Electronic Commerce  (7) 5
  • Article   105 Transparency 5
  • Section   2 International Maritime Transport 5
  • Article   106 Scope 5
  • Article   107 Definitions 5
  • Article   108 Market Access and National Treatment 5
  • Section   3 Telecommunications Services 6
  • Article   109 Definitions 6
  • Article   110 Regulatory Authority 6
  • Article   111 Supply of Services 6
  • Article   112 Major Suppliers 6
  • Article   113 Interconnection 6
  • Article   114 Scarce Resources 6
  • Article   115 Universal Service 6
  • Chapter   II Financial Services 6
  • Article   116 Scope 6
  • Article   117 Definitions 6
  • Article   118 Market Access 6
  • Article   119 National Treatment 6
  • Article   120 Schedule of Specific Commitments 6
  • Article   121 New Financial Services 6
  • Article   122 Data Processing In the Financial Services Sector 6
  • Article   123 Effective and Transparent Regulation In the Financial Services Sector 6
  • Article   124 Confidential Information 6
  • Article   125 Prudential Carve Out 6
  • Article   126 Recognition 6
  • Article   127 Special Committee on Financial Services 7
  • Article   128 Consultations 7
  • Article   129 Specific Provisions on Dispute Settlement 7
  • Chapter   III Establishment 7
  • Article   130 Scope 7
  • Article   131 Definitions 7
  • Article   132 National Treatment 7
  • Article   133 Right to Regulate 7
  • Article   134 Final Provisions 7
  • Chapter   IV Exceptions 7
  • Article   135 Exceptions 7
  • Title   IV Government Procurement 7
  • Article   136 Objective 7
  • Article   137 Scope and Coverage 7
  • Article   138 Definitions 7
  • Article   139 National Treatment and Non-discrimination 7
  • Article   140 Prohibition of Offsets and National Preferences 7
  • Article   141 Valuation Rules 7
  • Article   142 Transparency 7
  • Article   143 Tendering Procedures 7
  • Article   144 Selective Tendering 7
  • Article   145 Other Procedures 7
  • Article   146 Qualification of Suppliers 7
  • Article   147 Publication of Notices 7
  • Article   148 Tender Documentation 8
  • Article   149 Technical Specifications 8
  • Article   150 Time-limits 8
  • Article   151 Negotiations 8
  • Article   152 Submission, Receipt and Opening of Tenders 8
  • Article   153 Awarding of Contracts 8
  • Article   154 Information on Contract Award 8
  • Article   155 Bid Challenges 8
  • Article   156 Information Technology 8
  • Article   157 Cooperation and Assistance 8
  • Article   158 Statistical Reports 8
  • Article   159 Modifications to Coverage 8
  • Article   160 Further Negotiations 8
  • Article   161 Exceptions 8
  • Article   162 Review and Implementation 8
  • Title   V Current Payments and Capital Movements 8
  • Article   163 Objective and Scope 8
  • Article   164 Current Account 8
  • Article   165 Capital Account 8
  • Article   166 Exceptions and Safeguard Measures 8
  • Article   167 Final Provisions 8
  • Title   VI Intellectual Property Rights 8
  • Article   168 Objective 8
  • Article   169 Scope 8
  • Article   170 Protection of Intellectual Property Rights 8
  • Article   171 Review 8
  • Title   VII Competition 8
  • Article   172 Objectives 8
  • Article   173 Definitions 8
  • Article   174 Notifications 9
  • Article   175 Co-ordination of Enforcement Activities 9
  • Article   176 Consultations When the Important Interests of One Party Are Adversely Affected In the Territory of the other Party 9
  • Article   177 Exchange of Information and Confidentiality 9
  • Article   178 Technical Assistance 9
  • Article   179 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights, Including Designated Monopolies 9
  • Article   180 Dispute Settlement 9
  • Title   VIII DISPUTE SETTLEMENT 9
  • Chapter   I Objective and Scope 9
  • Article   181 Objective 9
  • Article   182 Scope 9
  • Chapter   II Dispute Avoidance 9
  • Article   183 Consultations 9
  • Section   CHAPTER III Dispute Settlement Procedure 9
  • Article   184 Initiation of the Procedure 9
  • Article   185 Appointment of Arbitrators 9
  • Article   186 Information and Technical Advice 9
  • Article   187 Arbitration Panel Ruling 9
  • Article   188 Compliance 9
  • Chapter   IV General Provisions 9
  • Article   189 General Provisions 9
  • Title   IX Transparency 9
  • Article   190 Contact Points and Exchange of Information 9
  • Article   191 Cooperation on Increased Transparency 9
  • Article   192 Publication 9
  • Title   X Specific Tasks In Trade Matters of the Bodies Established Under this Agreement 9
  • Article   193 Specific Tasks 9
  • Title   XI Exceptions In the Area of Trade 9
  • Article   194 National Security Clause 9
  • Article   195 Balance of Payments Difficulties 9
  • Article   196 Taxation 9
  • Part   V FINAL PROVISIONS 9
  • Article   197 Definition of the Parties 9
  • Article   198 Entry Into Force 9
  • Article   199 Duration 9
  • Article   200 Fulfilment of the Obligations 9
  • Article   201 Future Developments 10
  • Article   202 Data Protection 10
  • Article   203 National Security Clause 10
  • Article   204 Territorial Application 10
  • Article   205 Authentic Texts 10
  • Article   206 Annexes, Appendices, Protocols and Notes 10
  • Annex X  (Referred to Article 132 of the Association Agreement). SCHEDULES OF SPECIFIC COMMITMENTS ON ESTABLISHMENT 10
  • Part   A COMMUNITY'S SCHEDULE 10
  • Part   B CHILE'S SCHEDULE 10
  • Appendix   PROTOCOL ON FISHING ENTERPRISES 10
  • Annex XIV  (Regarding Articles 164 and 165 of the Association Agreement) REGARDING CURRENT PAYMENTS AND CAPITAL MOVEMENTS 10
  • Annex XV  ( Referred to in Article 189 (2) of the Association Agreement) MODEL RULES OF PROCEDURE FOR THE CONDUCT OF ARBITRATION PANELS 11
  • Annex XVI  Referred to in Article s 185 and 189 of the Association Agreement) CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS 11