EU - Vietnam FTA (2019)
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(c) increasing the convergence of their standards, technical regulations and conformity assessment procedures with relevant international standards, guides or recommendations;

(d) avoiding unnecessary divergence of approach in standards, technical regulations and conformity assessment procedures where no international standards, guides or recommendations exist;

(e) promoting or enhancing cooperation between the Parties' respective organisations, public or private, responsible for standardisation, conformity assessment and metrology;

(f) ensuring efficient interaction and cooperation between regulatory authorities at regional or international level; and

(g) exchanging information, to the extent possible, about agreements and arrangements related to technical barriers to trade subscribed to at international level.

3. Upon request, a Party shall give due consideration to proposals for cooperation from the other Party under this Chapter. This cooperation shall be undertaken, inter alia, through dialogue in appropriate fora, joint projects, technical assistance and capacity-building programmes on standards, technical regulations and conformity assessment procedures in selected industrial areas, as mutually agreed.

Article 5.11. Consultations

1. A Party shall give prompt and favourable consideration to any request for consultations from the other Party on issues relating to the implementation of this Chapter.

2. In order to clarify or resolve issues referred to in paragraph 1, the Trade Committee may establish a working group with a view to identifying a workable and practical solution to facilitate trade. The working group shall comprise representatives of the Parties.

Article 5.12. Implementation

1. Each Party shall designate a contact point in the Ministry of Science and Technology of Viet Nam and in the European Commission, respectively, and provide the other Party with the contact details of the office or official responsible for matters covered under this Chapter, including information on telephone, facsimile, e-mail and other relevant details.

2. Each Party shall promptly notify the other Party of any change of its contact point and amendments to the information referred to in paragraph 1.

3. The contact points shall, inter alia:

(a) monitor the implementation and administration of this Chapter;

(b) facilitate cooperation activities, as appropriate, in accordance with Article 5.10 (Cooperation and Trade Facilitation);

(c) promptly address any issue that a Party raises in relation to the development, adoption, application or enforcement of standards, technical regulations and conformity assessment procedures;

(d) consult, upon a Party's request, on matters arising under this Chapter;

(e) take any other actions which may assist the Parties in implementing this Chapter; and

(f) carry out other functions as may be delegated by the Committee on Trade in Goods.

4. The enquiry points, established in accordance with Article 10.1 of the TBT Agreement, shall:

(a) facilitate the exchange of information between the Parties on standards, technical regulations and conformity assessment procedures, in response to all reasonable requests for such information from the other Party; and

(b) refer enquiries from the other Party to the appropriate regulatory authorities.

Chapter 6. Sanitary and Phytosanitary Measures

Article 6.1. Scope

1. This Chapter applies to the preparation, adoption and application of all sanitary and phytosanitary (hereinafter referred to as "SPS") measures of a Party which may, directly or indirectly affect trade between the Parties.

2. This Chapter does not affect the rights of the Parties under Chapter 5 (Technical Barriers to Trade) with respect to measures not within the scope of this Chapter.

Article 6.2. Objectives

The objectives of this Chapter are to:

(a) enhance the effective implementation of the principles and disciplines of the SPS Agreement and international standards, guidelines and recommendations developed by relevant international organisations;

(b) protect human, animal or plant life or health in the territory of each Party while facilitating trade between the Parties and to ensure that SPS measures adopted by each Party do not create unnecessary obstacles to trade;

(c) strengthen communication and cooperation on, and resolution of, SPS matters that affect trade between the Parties and other agreed matters of mutual interest; and

(d) promote greater transparency and understanding in the application of each Party's SPS measures.

Article 6.3. Definitions

1. For the purposes of this Chapter:

(a) the definitions contained in Annex A of the SPS Agreement apply;

(b) "competent authorities" means each Party's authorities responsible for developing, implementing and administering SPS measures within its territory; and

(c) "SPS Committee" means the Committee on Sanitary and Phytosanitary Measures referred to in Article 6.11 (Committee on Sanitary and Phytosanitary Measures) established pursuant to Article 17.2 (Specialised Committees).

2. The Parties may agree on other definitions for the application of this Chapter taking into consideration the glossaries and definitions of the relevant international organisations, such as the Codex Alimentarius Commission (hereinafter referred to as "Codex Alimentarius"), the World Organisation for Animal Health (hereinafter referred to as "OIE"), and the International Plant Protection Convention (hereinafter referred to as "IPPC").

Article 6.4. General Provisions

1. The Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement.

2. Each Party shall apply the SPS Agreement in the development, application or recognition of any SPS measure with the aim of facilitating trade between the Parties while protecting human, animal or plant life or health in its territory.

Article 6.5. Competent Authorities and Contact Points

1. To ensure close and effective working relationships between the Parties in achieving the objectives of this Chapter, the competent authorities are the following:

(a) in the case of Viet Nam, responsibility for SPS matters is shared between governmental agencies as follows:

(i) the Ministry of Agriculture and Rural Development, or its successor, is responsible for animal and plant health; it administers surveillance and control measures to prevent the introduction of diseases which negatively affect human and animal health; it also administers a comprehensive program to control and prevent the incursion of diseases and pests which negatively affect plant health and the economy; and, for animal and plant products destined for exportation, it is also responsible for inspection, for quarantine and for the issuance of certifications attesting to the agreed standards and requirements of the Union; and

(i) the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade, or their respective successors, are, in accordance with their respective competences, responsible for the safety of food destined for human consumption; for the importation of food, they administer surveillance and control measures, including the development of national technical regulations and approval procedures, the conduct of risk assessment of products and inspections of establishments, to ensure the compliance with the agreed standards and requirements of Viet Nam; for the exportation of food, they are also responsible for inspection and for the issuance of health certifications;

(b) in the case of the Union, responsibility is shared between the administrations of the Member States and the European Commission as follows:

(i) as regards exports to Viet Nam, the Member States are responsible for the control of the production conditions and requirements, including statutory inspections and issuing health and animal welfare certifications attesting to compliance with Viet Nam’s standards and requirements;

(ii) as regards imports from Viet Nam, the Member States are responsible for controlling compliance of imports with the Union's import conditions;

(ii) the European Commission is responsible for overall coordination, inspection and audits of inspection systems and the necessary legislative action to ensure uniform application of standards and requirements within the Union's internal market.

2. As of the date of entry into force of this Agreement, the competent authorities of each Party shall provide each other with a contact point for communication on all matters arising under this Chapter. The contact points' functions shall include:

(a) enhancing communication among the Parties' agencies and ministries responsible for SPS matters; and

(b) facilitating information exchange in order to enhance mutual understanding of each Party's SPS measures, the regulatory processes that relate to those measures and their impact on trade in the products concerned between the Parties.

3. The Parties shall ensure that the information provided under paragraphs 1 and 2 is kept up to date.

Article 6.6. Import Requirements and Procedures

1. The general import requirements of a Party shall be applicable to the entire territory of the exporting Party, without prejudice to the ability of the importing Party to take decisions and measures in accordance with the criteria set out in Article 6.9 (Measures Linked to Animal and Plant Health).

2. Each Party shall adopt only measures that are scientifically justified, consistent with the risk involved and that represent the least restrictive measures available and result in minimum impediment to trade.

3. The importing Party shall ensure that its import requirements and procedures are applied in a proportional and non-discriminatory manner.

4. The import procedures shall aim at minimising negative trade effects and expedite the clearance process while complying with the importing Party's requirements and procedures.

5. The importing Party shall ensure full transparency of its import requirements and procedures.

6. The exporting Party shall ensure compliance with the import requirements of the importing Party.

7. Each Party shall establish and update lists of regulated pests, using scientific terminology, and make such lists available to the other Party.

8. Phytosanitary import requirements shall be restricted to measures ensuring the respect for the appropriate level of protection of the importing Party, and limited to the regulated pests of concern to the importing Party. Without prejudice to Article 6 of the IPPC, a Party shall not impose or maintain phytosanitary measures for non-regulated pests.

9. A pest risk analysis undertaken by a Party shall be carried out without undue delay after the initial request of the exporting Party. In case of difficulties, the Parties shall agree within the SPS Committee on a time schedule for carrying out the pest risk analysis.

10. The importing Party shall have the right to carry out import checks based on the SPS risks associated with imports. Those checks shall be carried out without undue delay and with a minimum impediment to trade. If products do not conform to the requirements of the importing Party, any action taken by the importing Party shall be in conformity with the international standards and proportionate to the risk caused by the product.

11. The importing Party shall make available the information about the frequency of import checks carried out on products. This frequency may be adapted as a consequence of verifications or import checks, or by mutual agreement between the Parties.

12. Any fees imposed for the procedures related to the import of products under this Chapter shall be equitable in relation to any fees charged on like domestic products and shall not be higher than the actual cost of the service.

Article 6.7. Verifications

1. In order to obtain or maintain confidence in the effective implementation of this Chapter, the importing Party has the right to carry out verifications, including:

(a) by conducting verification visits to the exporting Party to verify all or part of the exporting Party's control system, in accordance with the relevant international standards, guidelines and recommendations of the Codex Alimentarius, OIE and IPPC; the expenses of such verification visits shall be borne by the Party carrying out the verification visit; and

(b) by information requests to the exporting Party about its control system and the results of the controls carried out under that system.

2. Each Party shall provide the other Party with the results and conclusions of the verification visits carried out in the territory of the other Party.

3. If the importing Party decides to carry out a verification visit to the exporting Party, it shall notify the exporting Party of this visit at least 60 working days before such verification visit is carried out, unless agreed otherwise. Any modification to this verification visit shall be mutually agreed by the Parties.

4. The importing Party shall provide a draft verification report to the exporting Party within 45 working days of the completion of the verifications. The exporting Party shall have 30 working days to comment on the draft report. Comments made by the exporting Party shall be attached to and, where appropriate, included in the final verification report which shall be delivered within 30 working days. If, during the verification, the importing Party identifies a significant human, animal or plant health risk, it shall inform the exporting Party as quickly as possible and in any case within 10 working days following the end of the verification.

Article 6.8. Procedure for Listing of Establishments

1. Upon request of the importing Party, the exporting Party shall inform the importing Party of its list of establishments which comply with the importing Party's requirements for approval and for which satisfactory sanitary guarantees have been provided in accordance with Annex 6 (Requirements and Procedures for Approval of Establishments for Products).

2. Upon request of the exporting Party, the importing Party shall approve within 45 working days the list of establishments referred to in paragraph 1, without prior inspection of individual establishments.

3. If the importing Party requests additional information, the time period referred to in paragraph 2 shall be extended by up to 30 working days. Following the approval of the list of establishment, the importing Party shall take necessary measures, in accordance with its applicable legal procedures, to allow the importation of products concerned.

4. If the importing Party rejects the request for approval, it should inform without delay the exporting Party of the reasons upon which that rejection was based.

Article 6.9. Measures Linked to Animal and Plant Health

1. The Parties recognise the concepts of disease-free areas, areas of low disease prevalence, and compartmentalisation in accordance with the SPS Agreement and OIE standards, guidelines or recommendations. The Parties also recognise the animal health status as determined by the OIE.

2. The Parties recognise the concepts of pest-free areas, areas of low pest prevalence, protected zones and pest free production sites in accordance with the SPS Agreement and IPPC standards, guidelines or recommendations.

3. The Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of the SPS controls.

4. The SPS Committee shall define in further detail the procedure for the recognition of the concepts referred to in paragraphs 1 and 2 taking into account the SPS Agreement and the OIE and IPPC standards, guidelines or recommendations.

5. When the importing Party assesses the self-determination of the animal or plant health status made by the exporting Party, it shall, in principle, base its own assessment of the animal or plant health status of the exporting Party or parts thereof on the information provided by the exporting Party in accordance with the SPS Agreement and the OIE and IPPC standards, guidelines or recommendations. The importing Party shall endeavour to provide the exporting Party its decision without undue delay after the request for assessment.

6. If the importing Party does not accept the self-determination of the animal or plant health status made by the exporting Party, it shall explain the reasons and, upon request by the exporting Party, enter into consultations as soon as possible to reach an alternative solution.

7. The exporting Party shall provide relevant evidence in order to objectively demonstrate to the importing Party that the animal or plant health status of those areas is likely to remain unchanged. For that purpose, the exporting Party shall, upon request by the importing Party, give the importing Party reasonable access for inspection, testing and other relevant procedures.

Article 6.10. Equivalence

1. The Parties recognise that the application of equivalence in Article 4 of the SPS Agreement is an important tool for trade facilitation and has mutual benefits for both exporting and importing countries.

2. Equivalence can be accepted for a specific SPS measure or SPS measures related to a certain product or categories of products, or on a systems-wide basis.

3. The importing Party shall accept the SPS measures and systems of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measures achieve the importing Party's appropriate level of SPS protection. To facilitate a determination of equivalence, the importing Party shall, upon request, explain the objective of any relevant SPS measures to the other Party.

4. Within three months of the date of receipt by the importing Party of a request from the exporting Party, the Parties shall hold consultations in order to determine the equivalence of SPS measures and systems.

5. The importing Party shall make a determination of equivalence without undue delay after the exporting Party has demonstrated the equivalence of the proposed SPS measures and systems.

6. The importing Party shall accelerate the determination of equivalence in particular in respect of those products which it has historically imported from the exporting Party.

7. In case of multiple requests from the exporting Party, the Parties shall agree within the SPS Committee on a time schedule in accordance with which they shall initiate the process.

8. In accordance with Article 9 of the SPS Agreement, the importing Party shall give full consideration to the requests by the exporting Party for technical assistance to facilitate the implementation of this Article. This assistance may, inter alia, help to identify and implement measures which can be recognised as equivalent or to otherwise enhance market access.

9. The consideration by the importing Party of a request from the exporting Party for recognition of equivalence of its SPS measures with regard to a specific product shall not be in itself a reason to disrupt or suspend ongoing imports from that Party of that product. When the importing Party has made an equivalence determination, the Parties shall formally record it and apply it without delay to trade between them in the relevant area.

Article 6.11. Committee on Sanitary and Phytosanitary Measures

1. The SPS Committee established pursuant to Article 17.2 (Specialised Committees) shall include representatives of the competent authorities of the Parties. All decisions made by the SPS Committee shall be by mutual agreement.

2. The SPS Committee shall meet in person within one year of the entry into force of this Agreement. It shall meet at least annually thereafter or as mutually determined by the Parties. It shall establish its rules of procedure at its first meeting. It shall meet in person, via teleconference, video-conference, or through other means as mutually agreed by the Parties.

3. The SPS Committee may propose to the Trade Committee to establish working groups which shall identify and address technical and scientific issues arising from this Chapter and explore opportunities for further collaboration on SPS matters of mutual interest.

4. The SPS Committee may address any matter related to the effective functioning of this Chapter, including facilitating communication and strengthening cooperation between the Parties. In particular it shall have the following responsi- bilities and functions:

(a) developing the necessary procedures or arrangements for the implementation of this Chapter;

(b) monitoring the progress in the implementation of this Chapter;

(c) providing a forum for discussion of problems arising from the application of certain SPS measures with a view to reaching mutually acceptable solutions and promptly addressing any matters that could create unnecessary obstacles to trade between the Parties;

(d) providing a forum to exchange information, expertise and experiences in the field of SPS matters;

(e) identifying, initiating and reviewing technical assistance projects and activities between the Parties; and

(f) carrying out any other function as mutually agreed between the Parties.

5. The Parties may, by decision in the SPS Committee, adopt recommendations and decisions related to the authorisation of imports, exchange of information, transparency, recognition of regionalisation, equivalence and alternative measures, and any other matter referred to under this Article.

Article 6.12. Transparency and Exchange of Information

1. The Parties shall:

(a) ensure transparency as regards SPS measures applicable to trade between them;

(b) enhance mutual understanding of each Party's SPS measures and their application;

(c) exchange information on matters related to the development and application of SPS measures, including the progress on new available scientific evidence, that affect, or may affect, trade between them with a view to minimising their negative trade effects;

(d) upon request of a Party, communicate the import requirements that apply to the import of a particular product within 15 working days of the date of receipt of the request; and

(e) upon request of a Party, communicate progress achieved in processing the application for the authorisation of a particular product within 15 working days of the date of receipt of the request.

2. When a Party has made the information available either by notification to the WTO in accordance with the relevant rules and procedures, or by publication on its official publicly and free of charge accessible websites, the exchange of information pursuant to subparagraphs 1(c) to 1(e) shall not be required.

3. All notifications under this Chapter shall be made to the contact points referred to under Article 6.5 (Competent Authorities and Contact Points).

Article 6.13. Consultations

1. When a Party considers that an SPS measure affecting bilateral trade warrants further discussion, it may, through the contact points referred to under Article 6.5 (Competent Authorities and Contact Points), request full explanation and, if necessary, request consultations on that SPS measure. The other Party shall respond promptly to such requests.

2. The Parties shall make every effort to reach, within an agreed timeframe, a mutually acceptable solution through consultations. Should the consultations fail to resolve the matter, it shall be considered by the SPS Committee.

Article 6.14. Emergency Measures

1. Each Party shall notify the other Party in writing within two working days of the detection of any serious or significant risk to human, animal or plant life or health, including any food emergencies, affecting products for which trade between the Parties takes place.

2. Where a Party has serious concerns regarding a risk to human, animal or plant life or health affecting products for which trade between the Parties takes place, it may request consultations in accordance with Article 6.13 (Consultations). The consultations shall take place as soon as possible. Each Party shall endeavour to provide in due time all necessary information to avoid disruption in trade.

3. The importing Party may take, without previous notification, measures necessary to protect human, animal or plant life or health. For consignments in transport between the Parties, the importing Party shall consider the most suitable and proportional solution in order to avoid unnecessary disruptions to trade.

4. The Party taking the measures shall inform the other Party as soon as possible and in any case no later than 24 hours after the adoption of the measure. Either Party may request any information related to the SPS situation and any measures adopted. The other Party shall reply as soon as the requested information is available.

5. Upon request of either Party and in accordance with Article 6.13 (Consultations) the Parties shall hold consultations regarding the situation within 10 working days of the notification referred to in paragraph 1. The consultations shall be held with a view to avoiding unnecessary disruptions to trade. The Parties may consider options for the facilitation of the implementation or the replacement of the SPS measures.

Article 6.15. Technical Assistance and Special and Differential Treatment

1. The Union should provide technical assistance to address specific needs of Viet Nam to comply with the Union's SPS measures, including food safety, animal and plant health, and the use of international standards.

2. In accordance with Article 10 of the SPS Agreement, in the case of new SPS measures, the Union shall take into account the special needs of Viet Nam so as to maintain the export opportunities of Viet Nam while continuing to achieve the Union's level of protection. The SPS Committee shall be consulted upon request by either Party to reflect on and decide about:

(a) longer timeframes for compliance;

(b) alternative import conditions in the context of equivalence; and

(c) technical assistance activities.

Chapter 7. Non-tariff Barriers to Trade and Investment In Renewable Energy Generation

Article 7.1. Objectives

In line with global efforts to reduce greenhouse gas emissions, the Parties share the objectives of promoting, developing and increasing the generation of energy from renewable and sustainable sources, particularly through facilitating trade and investment. To this effect, the Parties shall cooperate towards removing or reducing non-tariff barriers and fostering cooperation, taking into account, where appropriate, regional and international standards.

Article 7.2. Definitions

For the purposes of this Chapter:

(a) "local content requirement" means:

(i) with respect to goods, a requirement for an enterprise to purchase or use goods of domestic origin or from a domestic source, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production;

(i) with respect to services, a requirement which restricts the choice of the service supplier or the service supplied to the detriment of services or service suppliers from the other Party;

(b) "measures requiring to form a partnership with local companies" means any requirements to jointly establish or operate with local companies a legal person, a partnership according to domestic law, or a joint venture, or to enter into contractual relations such as business cooperation contracts with local companies;

(c) "offset" means any undertaking that imposes the use of a local content requirement, local suppliers, technology transfer, investment, counter-trade or similar actions to encourage local development;

(d) "renewable and sustainable sources" means sources in the form of wind, solar, geothermal or hydrothermal power, ocean energy, hydropower with capacity of 50 megawatt or less, biomass, landfill gas, sewage treatment plant gas or biogases; it does not encompass products from which energy is generated; and

(e) "service supplier" means any natural or legal person of a Party that supplies a service.

Article 7.3. Scope

1. This Chapter applies to measures which affect trade and investment between the Parties related to the generation of energy from renewable and sustainable sources.

2. This Chapter does not apply to research and development projects and to demonstration projects carried out on a non-commercial scale.

3. This Chapter does not apply to projects funded and governed by agreements with international organisations or foreign governments to which the procedures or conditions of those donors apply.

4, Subject to paragraph 5, this Chapter is without prejudice to the application of any other relevant provisions of this Agreement, including any exceptions, reservations or restrictions to those provisions, to the measures mentioned in paragraph 1, mutatis mutandis. For greater certainty, in the event of an inconsistency between this Chapter and other provisions of this Agreement, those provisions shall prevail to the extent of the inconsistency.

  • 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