EU - Vietnam FTA (2019)
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Article 15.26. Review and Modification

The Trade Committee may decide to review and modify Annexes 15-A (Rules of Procedure), 15-B (Code of Conduct for Arbitrators and Mediators) and 15-C (Mediation Mechanism).

Chapter 16. Cooperation and Capacity Building

Article 16.1. Objectives and Scope

1. The Parties affirm the importance of cooperation and capacity building for the efficient implementation of this Agreement, which supports the continued expansion of and creates new opportunities for trade and investment between them.

2. The Parties commit to deepen cooperation in areas of mutual interest taking into consideration the different levels of development between the Union and Viet Nam. That cooperation shall foster sustainable development in all its dimensions, including sustainable growth and the reduction of poverty.

3. This Chapter applies to all provisions on cooperation of this Agreement.

Article 16.2. Areas and Means of Cooperation

1. The Parties acknowledge that cooperation shall be carried out within the existing legal and institutional framework and according to the rules and procedures governing the relations between the Parties.

2. To achieve the objectives referred to in Article 16.1 (Objectives and Scope), the Parties attach particular importance to cooperating in the following areas:

(a) regional cooperation and integration;

(b) trade facilitation;

(c) trade policy and regulations;

(d) trade-related aspects of agriculture, fishery and forestry;

(e) sustainable development, in particular in its environmental and labour dimensions;

(f) small and medium-sized enterprises;

(g) other areas identified under specific Chapters of this Agreement; and

(h) other areas of mutual interest related to this Agreement.

3. Cooperation between the Parties shall primarily be carried out by means of exchange of information, experience and best practices as well as by means of policy cooperation. Where appropriate, seminars, workshops, training, studies, technical assistance and capacity building may be considered.

4. The Parties acknowledge the potentially important role of the private sector in cooperation and shall support its involvement in order to contribute to maximising this Agreement's benefit for economic growth and development.

Article 16.3. Animal Welfare

The Parties agree to cooperate on animal welfare as necessary, including technical assistance and capacity building for the development of animal welfare standards. For the purpose of this Article they shall consult the Committee on Sanitary and Phytosanitary Measures established pursuant to Article 17.2 (Specialised Committees).

Article 16.4. Institutional Mechanism

1. Cooperation issues shall be discussed in the relevant specialised committees established pursuant to Article 17.2 (Specialised Committees). In areas of cooperation outside the remit of the specialised committees, those issues shall be discussed within the Trade Committee.

2. Each Party shall designate a contact point within its administration to liaise with the other Party on matters related to the implementation of this Chapter.

Chapter 17. Institutional, General and Final Provisions

Article 17.1. Trade Committee

1. The Parties hereby establish a Trade Committee comprising representatives of the Parties.

2. The Trade Committee shall meet once a year, unless otherwise decided by the Trade Committee, or in urgent cases at the request of a Party. The meetings of the Trade Committee shall take place alternately in the Union and in Viet Nam, unless otherwise agreed by the Parties. The Trade Committee shall be co-chaired by the Minister of Industry and Trade of Viet Nam and the Member of the European Commission responsible for Trade, or their respective delegates. The Trade Committee shall agree on its meeting schedule and set its agenda.

3. The Trade Committee shall:

(a) ensure the proper operation of this Agreement;

(b) supervise and facilitate the implementation and application of this Agreement, and further its general aims;

(c) supervise and coordinate the work of all specialised committees, working groups and other bodies established under this Agreement, recommend to those bodies any necessary action, and evaluate and adopt decisions, where provided for in this Agreement, regarding any subject matter referred to it by those bodies;

(d) consider ways to further enhance trade and investment relations between the Parties;

(e) without prejudice to Chapter 15 (Dispute Settlement), seek to solve problems which might arise in areas covered by this Agreement, or resolve disputes that may arise regarding the interpretation or application of this Agreement; and

(f) consider any other matter of interest relating to areas covered by this Agreement.

4. The Trade Committee may, in accordance with the relevant provisions of this Agreement:

(a) decide to establish specialised committees, working groups or other bodies, to allocate responsibilities to them in order to assist it in the performance of its tasks, and to dissolve them; the Trade Committee shall determine the composition, remit and tasks of the specialised committees, working groups or other bodies it establishes;

(b) communicate on issues falling under the scope of this Agreement with all interested parties, including the private sector, social partners, and civil society organisations;

(c) consider and recommend to the Parties amendments to this Agreement or, in cases specifically provided for in this Agreement, amend, by decision, provisions of this Agreement;

(d) adopt interpretations of the provisions of this Agreement, which shall be binding on the Parties and all bodies set up under this Agreement, including arbitration panels referred to under Chapter 15 (Dispute Settlement);

(e) adopt decisions or make recommendations as envisaged by this Agreement;

(f) adopt its own rules of procedure; and

(g) take any other action in the exercise of its functions in accordance with this Agreement.

5. The Trade Committee shall inform the Joint Committee set up under the Partnership and Cooperation Agreement as part of the common institutional framework on its activities and those of its specialised committees, as relevant, at the regular meetings of the Joint Committee.

Article 17.2. Specialised Committees

1. The following specialised committees are hereby established under the auspices of the Trade Committee:

(a) the Committee on Trade in Goods;

(b) the Committee on Customs;

(c) the Committee on Sanitary and Phytosanitary Measures;

(d) the Committee on Investment, Trade in Services, Electronic Commerce and Government Procurement; and

(e) the Committee on Trade and Sustainable Development.

2. The composition, remit and tasks of the specialised committees referred to in paragraph 1 are defined in the relevant chapters and protocols of this Agreement and can be modified, if necessary, by decision of the Trade Committee.

3. Unless otherwise provided for in this Agreement or agreed by the Parties, the specialised committees shall meet once a year. They shall also meet at the request of either Party or of the Trade Committee. They shall be co-chaired, at an appropriate level, by representatives of the Union and Viet Nam. The meetings shall take place alternately in the Union and Viet Nam, or by any other appropriate means of communication as agreed between the Parties. The specialised committees shall agree on their meeting schedule and set their agenda by mutual consent. Each specialised committee may decide its own rules of procedure in the absence of which the rules of procedure of the Trade Committee shall apply mutatis mutandis.

4. The specialised committees may submit proposals for decisions to be adopted by the Trade Committee or take decisions when this Agreement so provides.

5. At the request of a Party, or upon a reference from the relevant specialised committee, or when preparing a discussion in the Trade Committee, the Committee on Trade in Goods may address matters arising in the areas of customs and sanitary and phytosanitary measures if this could facilitate the resolution of a matter that cannot otherwise be resolved by the relevant specialised committee.

6. The specialised committees shall inform the Trade Committee of their schedules and agenda sufficiently in advance of their meetings and shall report to the Trade Committee on results and conclusions of their meetings. The existence of a specialised committee shall not prevent either Party from bringing any matter directly to the Trade Committee.

Article 17.3. Working Groups

1. The following working groups are hereby established under the auspices of the Committee on Trade in Goods:

(a) the Working Group on Intellectual Property Rights, including Geographical Indications; and

(b) the Working Group on Motor Vehicles and Parts.

2. The Trade Committee may decide to establish other working groups for a specific task or subject matter.

3. The Trade Committee shall determine the composition, remit and tasks of the working groups.

4. Unless otherwise agreed by the Parties, working groups shall meet once a year. They shall also meet at the request of either Party or of the Trade Committee. They shall be co-chaired, at appropriate level, by representatives of the Union and Viet Nam. The meetings shall take place alternately in the Union or Viet Nam, or by any other appropriate means of communication as agreed between the Parties. The working groups shall agree on their meeting schedule and set their agenda by mutual consent. They may agree their own rules of procedure in the absence of which the rules of procedure of the Trade Committee shall apply mutatis mutandis.

5. Working groups shall inform the relevant specialised committees of their schedules and agenda sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the relevant specialised committees. The existence of a working group shall not prevent either Party from bringing any matter directly to the Trade Committee or the relevant specialised committees.

Article 17.4. Decision-Making of the Trade Committee

1. The Trade Committee shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions, where provided for in this Agreement. The decisions taken shall be binding on the Parties, which shall take the measures necessary for the implementation of these decisions.

2. The Trade Committee may make appropriate recommendations to the Parties.

3. All decisions and recommendations of the Trade Committee shall be made by mutual consent.

Article 17.5. Amendments

1. The Parties may amend this Agreement. An amendment shall enter into force after the Parties exchange written notifications certifying that they have completed their respective applicable legal procedures as provided for in Article 17.16 (Entry into Force).

2. Notwithstanding paragraph 1, the Trade Committee may amend this Agreement as provided for in this Agreement. The Parties shall adopt the decision in the Trade Committee in accordance with their respective applicable legal procedures.

3. Notwithstanding paragraph 1, the list of entities in Sections A (Central Government Entities) to C (Other Covered Entities) of Annexes 9-A (Coverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam) may be modified in accordance with Articles 9.20 (Modification and Rectification to Coverage) and 9.23 (Committee on Investment, Trade in Services, Electronic Commerce and Government Procurement).

Article 17.6. Evolving WTO Law

If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other with a view to finding a mutually satisfactory solution, where necessary. As a result of such a review, the Trade Committee may take a decision to amend this Agreement accordingly.

Article 17.7. Taxation

1. Nothing in this Agreement shall affect the rights and obligations of either the Union or one of its Member States or Viet Nam under any tax agreement between any Member State of the Union and Viet Nam. In the event of any inconsistency between this Agreement and any tax agreement, that tax agreement shall prevail to the extent of such inconsistency.

2. Nothing in this Agreement shall be construed as preventing the Parties from distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested.

3. Nothing in this Agreement shall be construed as preventing the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements or domestic fiscal legislation.

Article 17.8. Current Account

The Parties shall authorise, in freely convertible currency, and in accordance with the provisions of Articles of the Agreement of the International Monetary Fund, as applicable, any payments and transfers with regard to transactions on the current account of the balance-of-payments between the Parties which fall within the scope of this Agreement, in particular relating to their respective specific commitments under Sub-Section 6 (Financial Services) of Section E (Regulatory Framework) of Chapter 8 (Liberalisation of Investment, Trade in Services and Electronic Commerce).

Article 17.9. Capital Movements

1. With regard to transactions on the capital and financial account of balance-of-payments, the Parties shall not impose any restrictions on the free movement of capital relating to investments liberalised in accordance with Section B (Liberalisation of Investment) of Chapter 8 (Liberalisation of Investment, Trade in Services and Electronic Commerce).

2. The Parties shall consult each other with a view to facilitating the movement of capital between them in order to promote trade and investment.

Article 17.10. Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers

Article 17.8 (Current Account) and 17.9 (Capital Movements) shall not be construed as preventing a Party from applying in an equitable and non-discriminatory manner, and in a way that would not constitute a disguised restriction on trade and investment, its laws and regulations relating to:

(a) bankruptcy, insolvency, bank recovery and resolution, the protection of the rights of creditors, or the prudential supervision of financial institutions;

(b) issuing, trading, or dealing in financial instruments;

(c) financial reporting or record keeping of transfers where necessary to assist law enforcement or financial regulatory authorities;

(d) criminal or penal offences, deceptive or fraudulent practices;

(e) ensuring the satisfaction of judgments in adjudicatory proceedings; or

(f) social security, public retirement or compulsory savings schemes.

Article 17.11. Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers

In exceptional circumstances of serious difficulties for the operation of the Union’s economic and monetary union, or, in the case of Viet Nam, for the operation of the monetary and exchange rate policy, or a threat thereof, the Party concerned may take safeguard measures that are strictly necessary with regard to capital movements, payments or transfers for a period not exceeding one year.

Article 17.12. Restrictions In Case of Balance-of-Payments or External Financial Difficulties

1. Where a Party experiences serious balance-of-payments or external financial difficulties, or a threat thereof, it may adopt or maintain safeguard measures with regard to capital movements, payments or transfers, which shall:

(a) be non-discriminatory compared to third countries in like situations;

(b) not go beyond what is necessary to remedy the balance-of-payments or external financial difficulties;

(c) be consistent with the Articles of Agreement of the International Monetary Fund as applicable;

(d) avoid unnecessary damage to the commercial, economic and financial interests of the other Party; and

(e) be temporary and phased out progressively as the situation improves.

2. In the case of trade in goods, each Party may adopt restrictive measures in order to safeguard its external financial position or balance-of-payments. Those restrictive measures shall be in accordance with GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994.

3. In the case of trade in services or the liberalisation of investments, each Party may adopt restrictive measures in order to safeguard its external financial position or its balance-of-payments. Those restrictive measures shall respect the conditions mentioned in Article XII of GATS.

4. A Party maintaining or having adopted the measures referred to in paragraphs 1 to 3 shall promptly notify the other Party of them and present, as soon as possible, a time schedule for their removal.

5. Where restrictions are adopted or maintained under this Article, consultations shall be held promptly in the Committee on Investment, Trade in Services, Electronic Commerce and Government Procurement unless consultations are held in other fora. The consultations shall assess the balance-of-payments or external financial difficulty that led to the respective measures, taking into account, inter alia, such factors as:

(a) the nature and extent of the difficulties;

(b) the external economic and trading environment; or

(c) alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with paragraphs 1 to 3. All relevant findings of statistical or factual nature presented by the IMF shall be accepted and conclusions shall take into account the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.

Article 17.13. Security Exceptions

Nothing in this Agreement shall be construed as:

(a) requiring either Party to furnish information, the disclosure of which it considers contrary to its essential security interests;

(b) preventing either Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) connected with the production of or trade in arms, munitions and war materials and relating to traffic in other goods and materials and to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;

(ii) relating to the supply of services carried out directly or indirectly for the purpose of provisioning a military establishment;

(iii) relating to fissionable and fusionable materials or the materials from which they are derived; or

(iv) taken in time of war or other emergency in international relations;

or

(c) preventing a Party from taking any action in pursuance of its obligations under the Charter of the United Nations for the purpose of maintaining international peace and security.

Article 17.14. Preference Utilisation

After one year from the date of entry into force of this Agreement, the Parties shall exchange by 1 July each year annual import statistics for the previous year, including figures at tariff line level, on preferential and on non-preferential trade in goods between them.

Article 17.15. Disclosure of Information

1. Nothing in this Agreement shall be construed as requiring a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private, except where a panel requires confidential information in dispute settlement proceedings under Chapter 15 (Dispute Settlement). In such cases, the panel shall ensure that confidentiality is fully protected.

2. When a Party submits to the Trade Committee or to specialised committees information which is considered confidential under its laws and regulations, the other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.

Article 17.16. Entry Into Force

1. This Agreement shall be approved or ratified by the Parties in accordance with their respective applicable legal procedures.

2. This Agreement shall enter into force on the first day of the second month following the month during which the Parties have notified each other of the completion of their applicable legal procedures for the entry into force of this Agreement. The Parties may agree on another date.

3. Notifications in accordance with paragraph 2 shall be sent to the Secretary-General of the Council of the European Union and to the Ministry of Industry and Trade of Viet Nam.

Article 17.17. Duration

1. This Agreement shall be valid indefinitely.

2. Either Party may notify the other Party in writing of its intention to terminate this Agreement. The termination shall take effect on the last day of the sixth month after the notification.

Article 17.18. Fulfilment of Obligations

1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.

2. Ifa Party considers that the other Party has committed a material breach of the Partnership and Cooperation Agreement, it may take appropriate measures with respect to this Agreement in accordance with Article 57 of the Partnership and Cooperation Agreement.

Article 17.19. Persons Exercising Delegated Governmental Authority

Unless otherwise specified in this Agreement, each Party shall ensure that any person, including a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly, that has been delegated regulatory, administrative or other governmental authority by a Party at any level of government as provided for in its domestic legislation, acts in accordance with the Party's obligations as set out in this Agreement in the exercise of its authority.

Article 17.20. No Direct Effect

Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons, other than those created between the Parties under public international law. Viet Nam may provide otherwise under its domestic law.

Article 17.21. Annexes, Appendices, Joint Declarations, Protocols and Understandings

The Annexes, Appendices, Joint Declarations, Protocols and Understandings to this Agreement shall form an integral part thereof.

Article 17.22. Relations to other Agreements

1. Unless otherwise provided for in this Agreement, previous agreements between the Member States of the Union or the European Community or the Union, of the one part, and Viet Nam, of the other part, are not superseded or terminated by this Agreement.

2. This Agreement shall be part of the overall relations between the Union and its Member States, of the one part, and Viet Nam, of the other part, as provided for in the Partnership and Cooperation Agreement and shall form part of the common institutional framework.

3. Nothing in this Agreement shall be construed as requiring a Party to act in a manner inconsistent with its obligations under the WTO Agreement.

Article 17.23. Future Accessions to the Union

1. The Union shall notify Viet Nam of any request for accession of a third country to the Union.

2. During the negotiations between the Union and the third country referred to in paragraph 1, the Union shall endeavour to:

(a) provide, upon request of Viet Nam, and to the extent possible, information regarding any matter covered by this Agreement; and

(b) take into account concerns expressed by Viet Nam.

3. The Union shall notify Viet Nam of the entry into force of any accession to the Union.

  • Chapter   1 Objectives and General Definitions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Partnership and Cooperation Agreement 1
  • Article   1.4 WTO Agreements 1
  • Article   1.5 General Definitions 1
  • Chapter   2 National Treatment and Market Access for Goods 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment 1
  • Article   2.5 Classification of Goods 1
  • Article   2.6 Remanufactured Goods 1
  • Article   2.7 Reduction or Elimination of Customs Duties 1
  • Article   2.8 Management of Administrative Errors 1
  • Article   2.9 Specific Measures Concerning the Preferential Tariff Treatment 1
  • Article   2.10 Repaired Goods 1
  • Article   2.11 Export Duties, Taxes or other Charges 1
  • Article   2.12 Agricultural Export Subsidies 1
  • Article   2.13 Administration of Trade Regulations 1
  • Article   2.14 Import and Export Restrictions 1
  • Article   2.15 Trading Rights and Related Rights for Pharmaceuticals 2
  • Article   2.16 Import Licensing Procedures 2
  • Article   2.17 Export Licensing Procedures 2
  • Article   2.18 Administrative Fees, Other Charges and Formalities on Imports and Exports 2
  • Article   2.19 Origin Marking 2
  • Article   2.20 State Trading Enterprises 2
  • Article   2.21 Elimination of Sector-Specific Non-Tariff Measures 2
  • Article   2.22 General Exceptions 2
  • Article   2.23 Committee on Trade in Goods 2
  • Chapter   3 Trade remedies 2
  • Section   A Anti-dumping and countervailing duties 2
  • Article   3.1 General Provisions 2
  • Article   3.2 Transparency 2
  • Article   3.3 Consideration of Public Interest 2
  • Article   3.4 Lesser Duty Rule 2
  • Article   3.5 Exclusion from Dispute Settlement 2
  • Section   B Global safeguard measures 2
  • Article   3.6 General Provisions 2
  • Article   3.7 Transparency 2
  • Article   3.8 Exclusion from Dispute Settlement 2
  • Section   C Bilateral safeguard clause 2
  • Article   3.9 Definitions 2
  • Article   3.10 Application of a Bilateral Safeguard Measure 2
  • Article   3.11 Conditions and Limitations 2
  • Article   3.12 Provisional Measures 2
  • Article   3.13 Compensation 2
  • Article   3.14 Use of the English Language 2
  • Chapter   4 Customs and trade facilitation 2
  • Article   4.1 Objectives 2
  • Article   4.2 Customs Cooperation and Mutual Administrative Assistance 2
  • Article   4.3 Customs Legislation and Procedures 3
  • Article   4.4 Release of Goods 3
  • Article   4.5 Simplified Customs Procedures 3
  • Article   4.6 Transit and Transhipment 3
  • Article   4.7 Risk Management 3
  • Article   4.8 Transparency 3
  • Article   4.9 Advance Rulings 3
  • Article   4.10 Fees and Charges 3
  • Article   4.11 Customs Brokers 3
  • Article   4.12 Customs Valuation 3
  • Article   4.13 Preshipment Inspections 3
  • Article   4.14 Review and Appeal 3
  • Article   4.15 Relations with the Business Community 3
  • Article   4.16 Committee on Customs 3
  • Chapter   5 Technical barriers to trade 3
  • Article   5.1 Affirmation of the TBT Agreement 3
  • Article   5.2 Objectives 3
  • Article   5.3 Scope and Definitions 3
  • Article   5.4 Technical Regulations 3
  • Article   5.5 Standards 3
  • Article   5.6 Conformity Assessment Procedures 3
  • Article   5.7 Transparency 3
  • Article   5.8 Market Surveillance 3
  • Article   5.9 Marking and Labelling 3
  • Article   5.10 Cooperation and Trade Facilitation 3
  • Article   5.11 Consultations 4
  • Article   5.12 Implementation 4
  • Chapter   6 Sanitary and phytosanitary measures 4
  • Article   6.1 Scope 4
  • Article   6.2 Objectives 4
  • Article   6.3 Definitions 4
  • Article   6.4 General Provisions 4
  • Article   6.5 Competent Authorities and Contact Points 4
  • Article   6.6 Import Requirements and Procedures 4
  • Article   6.7 Verifications 4
  • Article   6.8 Procedure for Listing of Establishments 4
  • Article   6.9 Measures Linked to Animal and Plant Health 4
  • Article   6.10 Equivalence 4
  • Article   6.11 Committee on Sanitary and Phytosanitary Measures 4
  • Article   6.12 Transparency and Exchange of Information 4
  • Article   6.13 Consultations 4
  • Article   6.14 Emergency Measures 4
  • Article   6.15 Technical Assistance and Special and Differential Treatment 4
  • Chapter   7 Non-tariff barriers to trade and investment in renewable energy generation 4
  • Article   7.1 Objectives 4
  • Article   7.2 Definitions 4
  • Article   7.3 Scope 4
  • Article   7.4 Principles 5
  • Article   7.5 Standards, Technical Regulations and Conformity Assessment 5
  • Article   7.6 Exceptions 5
  • Article   7.7 Implementation and Cooperation 5
  • Chapter   8 Liberalisation of investment, trade in services and electronic commerce 5
  • Section   A General provisions 5
  • Article   8.1 Objectives and Scope 5
  • Article   8.2 Definitions 5
  • Section   B Liberalisation of investment 5
  • Article   8.3 Scope 5
  • Article   8.4 Market Access 5
  • Article   8.5 National Treatment 5
  • Article   8.6 Most-Favoured-Nation Treatment 5
  • Article   8.7 Schedule of Specific Commitments 5
  • Article   8.8 Performance Requirements 5
  • Section   C Cross-border supply of services 6
  • Article   8.9 Scope 6
  • Article   8.10 Market Access 6
  • Article   8.11 National Treatment 6
  • Article   8.12 Schedule of Specific Commitments 6
  • Section   D Temporary presence of natural persons for business purposes 6
  • Article   8.13 Scope and Definitions 6
  • Article   8.14 Business Visitors and Intra-Corporate Transferees 6
  • Article   8.15 Business Sellers 6
  • Article   8.16 Contractual Service Suppliers 6
  • Article   8.17 Independent Professionals 6
  • Section   E Regulatory framework 6
  • Subsection   1 Domestic regulation 6
  • Article   8.18 Scope and Definitions 6
  • Article   8.19 Conditions for Licensing and Qualification 6
  • Article   8.20 Licensing and Qualification Procedures 6
  • Subsection   2 Provisions of general application 6
  • Article   8.21 Mutual Recognition of Professional Qualifications 6
  • Subsection   3 Computer services 6
  • Article   8.22 Understanding on Computer Services 6
  • Subsection   4 Postal services  (33) 6
  • Article   8.23 Prevention of Anti-Competitive Practices in the Postal Services Sector 6
  • Article   8.24 Licences 6
  • Article   8.25 Postal Regulatory Authority 6
  • Subsection   5 Telecommunications Networks and Services 7
  • Article   8.26 Scope 7
  • Article   8.27 Definitions 7
  • Article   8.28 Regulatory Authority 7
  • Article   8.29 Authorisation to Provide Telecommunications Networks and Services 7
  • Article   8.30 Scarce Resources 7
  • Article   8.31 Access to and Use of Public Telecommunications Networks and Services 7
  • Article   8.32 Interconnection 7
  • Article   8.33 Competitive Safeguards on Major Suppliers 7
  • Article   8.34 Universal Service 7
  • Article   8.35 Number Portability 7
  • Article   8.36 Confidentiality of Information 7
  • Article   8.37 Resolution of Telecommunications Disputes 7
  • Article   8.38 Co-location 7
  • Article   8.39 Leased Circuits Services 7
  • Article   8.40 Unbundled Network Elements 7
  • Subsection   6 Financial Services 7
  • Article   8.41 Scope and Definitions 7
  • Article   8.42 Prudential Carve-Out 7
  • Article   8.43 Transparent Regulation 7
  • Article   8.44 New Financial Service 7
  • Article   8.45 Data Processing 7
  • Article   8.46 Specific Exceptions 7
  • Article   8.47 Self-Regulatory Organisations 7
  • Article   8.48 Clearing and Payment Systems 8
  • Subsection   7 International maritime transport services 8
  • Article   8.49 Scope, Definitions and Principles 8
  • Section   F Electronic commerce 8
  • Article   8.50 Objective and Principles 8
  • Article   8.51 Customs Duties 8
  • Article   8.52 Regulatory Cooperation on Electronic Commerce 8
  • Section   G Exceptions 8
  • Article   8.53 General Exceptions 8
  • Section   H Institutional provision 8
  • Article   8.54 Committee on Investment, Trade in Services, Electronic Commerce and Government Procurement 8
  • Chapter   9 Government procurement 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope and Coverage 8
  • Article   9.3 Security and General Exceptions 8
  • Article   9.4 General Principles 8
  • Article   9.5 Information on the Procurement System 9
  • Article   9.6 Notices Notice of Intended Procurement 9
  • Article   9.7 Conditions for Participation 9
  • Article   9.8 Qualification of Suppliers 9
  • Article   9.9 Technical Specifications 9
  • Article   9.10 Market Consultations 9
  • Article   9.11 Tender Documentation 9
  • Article   9.12 Time Periods General 9
  • Article   9.13 Negotiations 10
  • Article   9.14 Limited Tendering 10
  • Article   9.15 Electronic Auctions 10
  • Article   9.16 Treatment of Tenders and Awarding of Contracts 10
  • Article   9.17 Post-Award InformationInformation Provided to Suppliers 10
  • Article   9.18 Disclosure of Information 10
  • Article   9.19 Domestic Review 10
  • Article   9.20 Modification and Rectification to Coverage 10
  • Article   9.21 Cooperation 10
  • Article   9.22 Future Negotiations Procurement by Electronic Means 10
  • Article   9.23 Committee on Investment, Services, Electronic Commerce and Government Procurement 10
  • Chapter   10 Competition policy 10
  • Section   A Anti-competitive conduct 10
  • Article   10.1 Principles 10
  • Article   10.2 Legislative Framework 10
  • Article   10.3 Implementation 10
  • Section   B Subsidies 11
  • Article   10.4 Principles 11
  • Article   10.5 Definition and Scope 11
  • Article   10.6 Relationship with the WTO 11
  • Article   10.7 Transparency 11
  • Article   10.8 Consultations 11
  • Article   10.9 Specific Subsidies Subject to Conditions 11
  • Article   10.10 Review 11
  • Section   C Definitions and common principles 11
  • Article   10.11 Definitions 11
  • Article   10.12 Confidentiality 11
  • Article   10.13 Dispute Settlement 11
  • Article   10.14 Cooperation 11
  • Chapter   11 State-owned enterprises, enterprises granted special rights or privileges, and designated monopolies 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope of Application 11
  • Article   11.3 General Provisions 11
  • Article   11.4 Non-Discrimination and Commercial Considerations 11
  • Article   11.5 Regulatory Framework 11
  • Article   11.6 Transparency 11
  • Article   11.7 Technical Cooperation 11
  • Chapter   12 Intellectual property 11
  • Section   A General provisions and principles 11
  • Article   12.1 Objectives 11
  • Article   12.2 Nature and Scope of Obligations 11
  • Article   12.3 Most-Favoured-Nation Treatment 11
  • Article   12.4 Exhaustion 11
  • Section   B Standards concerning intellectual property rights 11
  • Subsection   1 Copyright and related rights 11
  • Article   12.5 Protection Granted 12
  • Article   12.6 Authors 12
  • Article   12.7 Performers 12
  • Article   12.8 Producers of Phonograms 12
  • Article   12.9 Broadcasting Organisations 12
  • Article   12.10 Broadcasting and Communication to the Public 12
  • Article   12.11 Term of Protection 12
  • Article   12.12 Protection of Technological Measures 12
  • Article   12.13 Protection of Rights Management Information 12
  • Article   12.14 Exceptions and Limitations 12
  • Article   12.15 Artists' Resale Right in Works of Art 12
  • Article   12.16 Cooperation on Collective Management of Rights 12
  • Subsection   2 Trademarks 12
  • Article   12.17 International Treaties 12
  • Article   12.18 Rights Conferred by a Trademark 12
  • Article   12.19 Registration Procedure 12
  • Article   12.20 Well-Known Trademarks 12
  • Article   12.21 Exceptions to the Rights Conferred by a Trademark 12
  • Article   12.22 Revocation of a Registered Trademark  (57) 12
  • Subsection   3 Geographical indications 12
  • Article   12.23 Scope of Application 12
  • Article   12.24 System of Registration and Protection of Geographical Indications 12
  • Article   12.25 Established Geographical Indications 12
  • Article   12.26 Amendment of the List of Geographical Indications 12
  • Article   12.27 Protection of Geographical Indications 12
  • Article   12.28 Exceptions 12
  • Article   12.29 Right of Use of Geographical Indications 12
  • Article   12.30 Relationship to Trademarks 12
  • Article   12.31 Enforcement of Protection 12
  • Article   12.32 General Rules 12
  • Article   12.33 Cooperation and Transparency 12
  • Subsection   4 Industrial Designs 13
  • Article   12.34 International Treaties 13
  • Article   12.35 Protection of Registered Industrial Designs 13
  • Article   12.36 Exceptions and Exclusions 13
  • Article   12.37 Relationship to Copyright 13
  • Subsection   5 Patents 13
  • Article   12.38 International Agreements 13
  • Article   12.39 Patents and Public Health 13
  • Article   12.40 Administrative Authorisation 13
  • Subsection   6 Protection of undisclosed information 13
  • Article   12.41 Protection of Undisclosed Information 13
  • Subsection   7 Plant varieties rights 13
  • Article   12.42 Plant Varieties Rights 13
  • Section   C Enforcement of intellectual property rights 13
  • Subsection   1 General enforcement provisions 13
  • Article   12.43 General Obligations 13
  • Article   12.44 Entitled Applicants 13
  • Subsection   2 Civil enforcement 13
  • Article   12.45 Provisional Measures 13
  • Article   12.46 Evidence 13
  • Article   12.47 Right of Information 13
  • Article   12.48 Other Remedies 13
  • Article   12.49 Injunctions 13
  • Article   12.50 Alternative Measures 13
  • Article   12.51 Damages 13
  • Article   12.52 Legal Costs 13
  • Article   12.53 Publication of Judicial Decisions 13
  • Article   12.54 Presumption of Authorship or Ownership 13
  • Subsection   3 Intermediary service providers 13
  • Article   12.55 Liability of Intermediary Service Providers 13
  • Subsection   4 Border enforcement 13
  • Article   12.56 Consistency with GATT 1994 and the TRIPS Agreement 13
  • Article   12.57 Definitions 13
  • Article   12.58 Scope of Border Measures 13
  • Article   12.59 Active Involvement of Customs Authorities 13
  • Article   12.60 Specific Cooperation in the Area of Border Measures 13
  • Subsection   5 Other provisions relating to enforcement 13
  • Article   12.61 Codes of Conduct 13
  • Section   D Cooperation and Institutional Provisions 14
  • Article   12.62 Cooperation 14
  • Article   12.63 Working Group on Intellectual Property Rights, including Geographical Indications 14
  • Chapter   13 Trade and sustainable development 14
  • Article   13.1 Objectives 14
  • Article   13.2 Right to Regulate and Levels of Protection 14
  • Article   13.3 Upholding Levels of Protection 14
  • Article   13.4 Multilateral Labour Standards and Agreements 14
  • Article   13.5 Multilateral Environmental Agreements 14
  • Article   13.6 Climate Change 14
  • Article   13.7 Biological Diversity 14
  • Article   13.8 Sustainable Forest Management and Trade in Forest Products 14
  • Article   13.9 Trade and Sustainable Management of Living Marine Resources and Aquaculture Products 14
  • Article   13.10 Trade and Investment Favouring Sustainable Development 14
  • Article   13.11 Scientific Information 14
  • Article   13.12 Transparency 14
  • Article   13.13 Review of Sustainability Impact 14
  • Article   13.14 Working Together on Trade and Sustainable Development 14
  • Article   13.15 Institutional Provisions 14
  • Article   13.16 Government Consultations 14
  • Article   13.17 Panel of Experts 14
  • Chapter   14 Transparency 14
  • Article   14.1 Objective and Scope 14
  • Article   14.2 Definitions 14
  • Article   14.3 Publication 15
  • Article   14.4 Enquiries and Contact Points 15
  • Article   14.5 Administration of Measures of General Application 15
  • Article   14.6 Review and Appeal 15
  • Article   14.7 Good Regulatory Practice and Administrative Behaviour 15
  • Article   14.8 Specific Rules 15
  • Chapter   15 Dispute settlement 15
  • Section   A Objective and scope 15
  • Article   15.1 Objective 15
  • Article   15.2 Scope 15
  • Section   B Consultations and mediation 15
  • Article   15.3 Consultations 15
  • Article   15.4 Mediation Mechanism 15
  • Section   C Dispute settlement procedures 15
  • Subsection   1 Arbitration procedure 15
  • Article   15.5 Initiation of the Arbitration Procedure 15
  • Article   15.6 Terms of Reference of the Arbitration Panel 15
  • Article   15.7 Establishment of the Arbitration Panel 15
  • Article   15.8 Dispute Settlement Proceedings of the Arbitration Panel 15
  • Article   15.9 Preliminary Ruling on Urgency 15
  • Article   15.10 Interim Report 15
  • Article   15.11 Final Report 15
  • Subsection   2 Compliance 15
  • Article   15.12 Compliance with the Final Report 15
  • Article   15.13 Reasonable Period of Time for Compliance 15
  • Article   15.14 Review of Measure Taken to Comply with the Final Report 15
  • Article   15.15 Temporary Remedies in Case of Non-Compliance 15
  • Article   15.16 Review of Measure Taken to Comply After the Adoption of Temporary Remedies for Non-Compliance 15
  • Subsection   3 Common provisions 15
  • Article   15.17 Replacement of Arbitrators 15
  • Article   15.18 Suspension and Termination of Arbitration Proceedings 15
  • Article   15.19 Mutually Agreed Solution 15
  • Article   15.20 Information and Technical Advice 15
  • Article   15.21 Rules of Interpretation 15
  • Article   15.22 Decisions and Rulings of the Arbitration Panel 15
  • Section   D General provisions 15
  • Article   15.23 List of Arbitrators 15
  • Article   15.24 Choice of Forum 15
  • Article   15.25 Time Limits 15
  • Article   15.26 Review and Modification 16
  • Chapter   16 Cooperation and capacity building 16
  • Article   16.1 Objectives and Scope 16
  • Article   16.2 Areas and Means of Cooperation 16
  • Article   16.3 Animal Welfare 16
  • Article   16.4 Institutional Mechanism 16
  • Chapter   17 Institutional, general and final provisions 16
  • Article   17.1 Trade Committee 16
  • Article   17.2 Specialised Committees 16
  • Article   17.3 Working Groups 16
  • Article   17.4 Decision-Making of the Trade Committee 16
  • Article   17.5 Amendments 16
  • Article   17.6 Evolving WTO Law 16
  • Article   17.7 Taxation 16
  • Article   17.8 Current Account 16
  • Article   17.9 Capital Movements 16
  • Article   17.10 Application of Laws and Regulations relating to Capital Movements, Payments or Transfers 16
  • Article   17.11 Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers 16
  • Article   17.12 Restrictions in Case of Balance-of-Payments or External Financial Difficulties 16
  • Article   17.13 Security Exceptions 16
  • Article   17.14 Preference Utilisation 16
  • Article   17.15 Disclosure of Information 16
  • Article   17.16 Entry into Force 16
  • Article   17.17 Duration 16
  • Article   17.18 Fulfilment of Obligations 16
  • Article   17.19 Persons Exercising Delegated Governmental Authority 16
  • Article   17.20 No Direct Effect 16
  • Article   17.21 Annexes, Appendices, Joint Declarations, Protocols and Understandings 16
  • Article   17.22 Relations to other Agreements 16
  • Article   17.23 Future Accessions to the Union 16
  • Article   17.24 Territorial Application 17
  • Article   17.25 Authentic Texts 17