2. With regard to public enterprises and enterprises to which they have granted special or exclusive rights, including designated monopolies from the date of Entry into Force shall not adopt or maintain measures that distorts trade in goods or services between the parties that are contrary to the interests of the other party.
3. Furthermore, the Parties shall ensure that such enterprises are subject to the rules of competition insofar as the application of such rules does not obstruct the performance, in law or in fact, the objectives of public interest or obvious desirability national which specifically allocated.
4. The action of public undertakings are conducted in equal conditions with private actors to participate in economic activity.
5. Public enterprises and enterprises holders of special or exclusive rights, including designated monopolies, shall accord non-discriminatory treatment to covered investments, to the goods of the other party and to service suppliers of the other party.
6. This article does not apply to procurements.
Article 8.12. Settlement of Disputes
Neither party may have recourse to the dispute settlement procedure under chapter 16 (Dispute Settlement) for any matter arising under this chapter.
Article 8.13. Final Provisions
Nothing in this chapter shall be construed so as to alter the rights and obligations provided for in any other chapter of this Agreement.
Chapter 9. Sanitary and Phytosanitary Measures
Article 9.1. Objectives
1. This chapter is intended to facilitate trade in animals and animal products and by-products; plants and plant products and by-products between the parties while protecting human life and health, animal and plant.
2. The Parties shall ensure that their sanitary and phytosanitary standards constitute barriers to trade.
Article 9.2. General Provisions
1. The Parties shall be governed by the provisions of the SPS Agreement and the decisions taken by the Committee on Sanitary and Phytosanitary Measures of the WTO, subject to the adoption and implementation of all sanitary and phytosanitary measures that directly or indirectly affect the trade of animals and products and by-products of animal and plant products and by-products of plant origin between the parties.
1. It shall be governed by the provisions of the Agreement on cooperation and coordination in the field of animal health signed between the Servicio Nacional de Sanidad Agraria (SENASA) of the Ministry of Agriculture of the Republic of Peru and the service Agriculture and Livestock (SAG) of the Ministry of Agriculture of the Republic of Chile. In the event of any inconsistency or inconsistency between 9.2.2 Annex and the provisions of this Agreement, the latter shall prevail to the extent of the inconsistency or inconsistency.
3. This chapter shall apply to the definitions in annex A of the SPS Agreement, as well as those set out in the harmonized glossaries of terms of the relevant international organizations: the World Organisation for Animal Health (OIE), the International Plant Protection Convention (IPPC), the Codex Alimentarius Commission (Codex).
4. Standards of animal health and food safety referred to in this chapter also refer relating to the biological resources, including products and by-products.
Article 9.3. Rights and Obligations
1. The Parties shall use international standards, guidelines and recommendations as the basis for the adoption or application of their sanitary and phytosanitary measures.
2. The Parties may establish or maintain sanitary and phytosanitary measures which provide a higher level of protection than that which would be achieved by a measure based on international standards, guidelines or recommendations, provided that there is scientific basis.
Article 9.4. Equivalence
A Party shall accept as equivalent Sanitary and Phytosanitary Measures of the other Party, provided that the latter'proving achieve at least the appropriate level of protection of the other party. To this end, the Parties may request the assessment of systems and structures of the competent authority.
Article 9.5. Recognition of Pest or Disease Free or Low Prevalence Areas
1. For the recognition of areas free or low prevalence of pests or diseases, shall be in accordance with article 6 of the SPS Agreement and relevant international standards.
2. Time limits and procedures of the respective recognition shall be agreed between the competent authorities in sanitary and phytosanitary of each party. The importing Party shall decide on the application for recognition of free zone or low prevalence of pests or diseases, taking into account the time frames and procedures for recognition agreed.
3. Each Party shall, within the agreed time frames and expeditiously applications for recognition of disease-free or areas of disease or pest low prevalence of the other party that have been identified as such by the relevant international organizations.
Article 9.6. Risk Assessment and Appropriate Level of Protection
1. The parties to undertake their sanitary and phytosanitary measures are based on an appropriate evaluation to the circumstances of the existing risk to the life and health of humans, animals and plants, taking into account the guidelines elaborated the competent international organizations.
2. In establishing its appropriate level of protection, the Parties shall take into account the risk assessment techniques developed by the relevant international organizations and the objective of minimizing the negative effects on trade and shall avoid arbitrary or unjustifiable distinctions at the levels it considers appropriate in different situations, if such distinctions result in discrimination or disguised restriction on trade.
Article 9.7. Agreements between Competent Authorities
1. For the purpose of avoiding the standards of animal and plant health and food safety become obstacles to trade, the competent authorities in sanitary and phytosanitary matters the Parties may conclude agreements for cooperation and coordination in order to facilitate the exchange of goods without presenting a health risk for both countries.
2. Such agreements may establish mechanisms and instruments necessary to ensure transparency and fluidity, deadlines for assessment procedures for recognition of equivalence, disease-free or areas of low or pest disease prevalence, granting licences and certificates, among others.
Article 9.8. Committee on Sanitary and Phytosanitary Measures
1. The parties establish a Committee on Sanitary and Phytosanitary Measures, with the aim of addressing issues relating to the implementation of this chapter.
2. The Committee shall be composed of representatives of the competent authorities in trade, sanitary and phytosanitary and identified in Annex 9.10.
3. The Committee shall meet not later than 1 year after Entry into Force and at least once a year or as agreed by the parties. The Committee shall meet in person or via teleconferencing, videoconferencing, or through other means. At its first meeting the Committee shall establish its rules of procedure and programme of work, which shall be updated according to the matters of interest proposed by the parties.
4. The functions of the Committee shall be:
(a) Improving bilateral understanding related to specific implementation issues concerning the SPS Agreement;
(b) Provide a forum to monitor the commitments set out in the work programmes, assess progress on addressing sanitary and phytosanitary matters that may arise between the competent authorities of the Parties;
(c) To provide a forum for technical consultations where a party so notifies the Committee, which will facilitate such consultations;
(d) Establishing working groups or ad hoc technical working groups, as required;
(e) Consultations on matters, positions and agendas for meetings of the Committee on Sanitary and Phytosanitary Measures of the WTO, of which shall be carried out in the framework of the Codex Alimentarius Commission), the International Plant Protection Convention (IPPC), the World Organisation for Animal Health and other international fora which are members of both parties;
(f) Promotion and monitoring of the technical cooperation programs on sanitary and phytosanitary matters between the competent authorities;
(g) Modify, where appropriate, the annex 9.10 referred to the competent authorities and contact points; and
(h) Other functions mutually agreed by the parties.
Article 9.9. Consultations and Dispute Settlement
1. In the event that a Party considers that a sanitary or phytosanitary measure affecting its trade with the other party may request the competent authority coordinator of the Committee on Sanitary and Phytosanitary Measures of the other party that technical consultations. Such consultations shall take place within 45 days of receiving the request, unless the parties agree otherwise, and may be conducted via teleconference video-conference or any other means mutually agreed by the parties.
2. Where the parties have had recourse to consultations under paragraph 1, such consultations shall replace those provided for in article 16.4 (consultations).
Article 9.10. Competent Authorities
The competent authorities of the Parties are those mentioned in this chapter, in the manner provided for in annex 9.10.
Chapter 10. Technical Barriers to Trade
General provisions
Article 10.1.
1. This chapter shall apply to technical regulations, standards and conformity assessment procedures (1) of the parties, both national and local levels, that may directly or indirectly affect the reciprocal trade in goods.
2. The provisions of this chapter does not apply to sanitary and phytosanitary measures which are covered by Chapter 7 (sanitary and phytosanitary measures).
3. This chapter does not apply to procurement specifications prescribed by governmental institutions.
Article 10.2.
The Parties shall use as a basis for the development, adoption and application of standards and technical regulations and conformity assessment procedures, guidelines and recommendations on the terms established in the TBT Agreement, as well as the provisions set out in this chapter.
Article 10.3.
1. The Parties shall ensure that are not develop, adopt or apply technical regulations, standards and conformity assessment procedures with a view to or with the effect of creating unnecessary obstacles to trade.
2. Each Party shall take the necessary measures to ensure compliance with the provisions of this chapter, both at national and local levels, as well as measures within its scope in duly recognized non-governmental bodies in its territory.
Trade facilitation
Article 10.4.
1. The Parties shall intensify their joint work in the field of standards and technical regulations and conformity assessment procedures with a view to facilitating access to their respective markets. In particular, the parties shall seek to identify bilateral initiatives that are appropriate for particular issues or sectors.
2. Such initiatives may include cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards; alignment with international standards; reliance on a supplier declaration of conformity, the recognition and acceptance of the results of the conformity assessment, and the use of accreditation of agencies to qualify the conformity assessment, as well as cooperation through the mutual recognition.
Article 10.5.
1. The Parties shall establish the necessary tools and mechanisms to ensure transparency and fluidity, time limits on the procedures for granting authorisations, certificates and inscriptions or health records.
2. The parties undertake to issuing respective alerts sanitary or records or other procedures concerning the scope for marketing, import or export, within the time limits set out in annex 10.5 so as to ensure access and trade in goods covered by these Regulations.
3. There shall be regarded as a breach as the observance of the time limits set by the parties, contained in the same annex 10.5.
4. In the event that the limits of Annex A 10.5 modification for duly substantiated reasons, these shall be submitted through the authorities designated by the Committee on Technical Barriers to Trade. The Parties shall endeavour not to extend the time.
Technical regulations
Article 10.6.
1. Technical Regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking into account the risks that would not be bound. Such legitimate objectives include: national security requirements; the prevention of misleading practices; protection of human health or safety of animal or plant life or health or the environment. In assessing such risks, the relevant elements to take into consideration include: available scientific and technical information; related processing technology; or intended end uses of goods.
2. With regard to technical regulations, each Party shall accord to the goods of the other party National Treatment and treatment no less favourable than that accorded to similar goods originating in any country that is not a party.
3. Technical Regulations adopted not be maintained if the circumstances that led to their adoption no longer exist or if the specific objectives can be less restrictively.
Article 10.7.
Provided that it is satisfied that the technical regulations in fulfilling the legitimate objectives, each Party shall accept as equivalent technical regulations of the other Contracting Party, even if they differ from those. In reaching a mutually satisfactory agreement in this regard, the parties may undertake prior consultations.
Conformity assessment
Article 10.8.
1. Recognizing the existence of differences in the conformity assessment procedures in their respective territories, the Parties shall make compatible with the highest possible degree in accordance with international standards and with the provisions in this chapter, the conformity assessment procedures.
2. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment, including:
(a) The importing party supplier on a declaration of conformity;
(b) Voluntary arrangements between conformity assessment bodies in the territory of each party;
(c) Agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other party;
(d) Accreditation procedures for qualifying conformity assessment bodies;
(e) The designation of government bodies and conformity assessment;
(f) Recognition by one party of the results of conformity assessments performed in the territory of the other party.
3. The Parties shall intensify their exchange of information on the range of mechanisms to facilitate the acceptance of the results of conformity assessment.
4. In the event that a Party does not accept the results of the conformity assessment performed in the territory of the other party, shall, at the request of the other party explain its reasons to take remedial action if necessary.
5. Each Party shall, shall, or otherwise, shall recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those accorded to conformity assessment bodies in its territory. If a party, accredits, approves or otherwise authorised recognises a body assessing conformity with a particular technical regulation or standard in its territory and refuses to accredit, adopt, authorise or otherwise recognize a body that assessing conformity with technical regulation or standard in the territory of the other Party shall, upon request, explain the reasons for its refusal to take remedial action if necessary.
6. If a Party rejects a request from the other party to engage in or conclude negotiations to reach agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the territory of the other party, it shall, upon request, explain the reasons for its decision.
7. The Parties shall seek to ensure that conformity assessment procedures applied between them facilitate trade by ensuring that they are no more restrictive than is necessary to provide an importing party with confidence that products conform with the applicable technical regulations, taking into account the risk that non-conformity would create.
8. In order to enhance confidence in the continued reliability of each other the results of the conformity assessment, the parties may consult, as appropriate, to reach a mutually satisfactory agreement on such matters as the technical competence of the conformity assessment bodies involved.
Article 10.9.
The parties undertake to adopt, for the purpose of trade, the international system of units.
Article 10.10. Transparency
1. The Parties shall transmit electronically through the contact point for each Party established under article 10 of the TBT Agreement, the draft technical regulations and conformity assessment procedures that it intends to adopt, at the same time as the party notifies the other members of the WTO, in accordance with the TBT Agreement.
2. Each Party shall grant a period of at least 60 days from the transmission of the notification referred to in paragraph 1, so that they may submit and comment and consultations on such measures, so that the notifying party may absolverlas and taken into account. To the extent possible, the notifying party shall give favourable consideration to the requests of the other party for an extension of the deadline for comments.
3. In case arising or threatening planteársele urgent problems relating to legitimate objectives to one of the Parties and adopt a technical regulation or conformity assessment procedure shall notify the other party to electronically through the contact point referred, at the same time as it notifies the other members of the WTO.
4. The Parties shall notify to the extent possible, including those technical regulations that are consistent with the technical content of the relevant international standards.
5. Each Party shall publish or in print, electronically or otherwise make available to the public its responses to significant comments at the same time as the publication of the technical regulation or conformity assessment procedure.
6. Each Party shall, at the request of the other Party shall provide information regarding the objectives and the reasons of a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
7. Each Party shall ensure that there is at least an Information Centre in its territory able to answer questions and all reasonable requests of the Party and other interested persons and provide the relevant documentation on all matters pertaining to this chapter.
8. With regard to the exchange of information, in accordance with article 10 of the TBT Agreement, the Parties shall implement the recommendations contained in document decisions and recommendations adopted by the Committee since 1 January 1995, G / TBT / Rev. 1 /
8, 23 May 2002, section IV, paragraphs 3 and 4 (procedure for the exchange of information) issued by the Committee on Technical Barriers to Trade.
9. With the exception of paragraphs 7 and 8, each Party shall implement this article as soon as is practicable and in no event later than 2 years from the Entry into Force Agreement.
Article 10.11. Committee on Technical Barriers to Trade
1. The parties establish a Committee on Technical Barriers to Trade composed of representatives appointed by each Party in accordance with annex 10.11.
2. The functions of the Committee shall include:
(a) Monitor the implementation and administration of this chapter;
(b) Promptly address matters that a Party proposes to the development, adoption application or implementation of technical regulations or standards and conformity assessment procedures;
(c) Enhancing cooperation in the development and improvement of laws, regulations or technical conformity assessment procedures;
(d) As appropriate, facilitate sectoral cooperation between governmental and non-governmental entities in the field of standards and technical regulations and conformity assessment procedures in the territories of the Parties as well as to facilitate the process of mutual recognition agreements and equivalence of technical regulations;
(e) Exchange information on the work in non-governmental fora, regional and multilateral cooperation programmes involved in activities related to technical regulations, standards and conformity assessment procedures;
(f) At the request of a party, consultation on any matter arising under this chapter;
(g) Any other action that will assist the parties consider them in implementing this chapter and the TBT Agreement and in facilitating trade in goods;
(h) Reviewing this chapter in light of developments within the Committee on Technical Barriers to Trade and develop recommendations for amendments to this chapter if necessary;
(i) If appropriate, to administering the Commission on the implementation of this chapter; and
(j) Establish as necessary for particular issues or sectors, working groups for the treatment of specific matters related to this chapter and the TBT Agreement.
2. The Parties shall make every effort to reach a mutually satisfactory solution, on the consultations referred to in paragraph 1 (f), within a period of 30 days.
3. Where the parties have had recourse to consultations in accordance with paragraph 1 (f), such consultations shall replace those provided for in article 16.4 (consultations).
4. Upon request, a Party will give favourable consideration to any other party the sector-specific proposal makes for further cooperation under this chapter.
5. The Committee shall meet at least once a year or more frequently at the request of one of the parties via teleconference or videoconference, other means agreed.
Article 10.12. Technical Cooperation
1. At the request of a party, the other party may provide technical cooperation and assistance on mutually agreed terms and conditions to strengthen their systems of standardization, technical regulations and conformity assessment.
2. Each Party shall encourage standardizing bodies and conformity assessment in its territory to cooperate with the other party in its territory, as appropriate, in the development of its activities, such as through membership in international standardisation and conformity assessment bodies.
Article 10.13. Exchange of Information
Any information or explanation is provided that at the request of a Party in accordance with the provisions of this chapter shall be provided in print or electronically within a period of 30 days, which may be extended prior justification for the reporting Party.
Article 10.14. Definitions
For purposes of this chapter shall apply the terms contained in annex 1 of the TBT Agreement, in addition to the following:
International Standard means a standard adopted by the International Organisation for Standardisation and made available to the public;
International standardisation bodies concerning standardisation bodies open to the relevant bodies of at least every member of the TBT Agreement, including the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), the Codex Alimentarius Commission), the International Telecommunication Union (ITU), the International Organization of Legal Metrology (OIML), or any other body designated by the parties.
Chapter 11. Investment
Section A. Investment
Article 11.1. Scope (1)
1. This chapter applies to measures adopted or maintained by a Party relating to:
(a) Investors of the other party;
(b) Covered investments; and
(c) As regards articles and 11.6 11.13, all investments in the territory of the party.
2. A requirement by a party that a service provider of the other party constitute a bond or other form of financial security as a condition of providing a service into its territory does not make this chapter applicable to the provision of cross-border that service. This chapter applies to measures adopted or maintained by the Party relating to the bond or financial security if the bond or financial security is a covered investment.
3. In the event of any inconsistency between this chapter and another chapter The other chapter shall prevail to the extent of the inconsistency.
4. This chapter does not apply to:
(a) Measures adopted or maintained by a Party to investors of the other party and to investments of investors in such financial institutions in the territory of the Party;
(b) Any act or fact that took place or any situation created before the date of Entry into Force Agreement, except as provided in Annex 2 11-E; (2) and
(c) Public procurement.
5. The obligations of a Party under this section shall apply to a State enterprise or other person designated monopoly, when they carry out any regulatory authority, administrative or other governmental authority has been delegated to it by that Party, such as the authority to expropriate, licensing, whether these import or export, approve or commercial transactions, fees impose quotas or other charges.