EFTA - Thailand FTA (2025)
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The preferential tariff rates and applied MFN tariff rates exchanged shall pertain to the same year as the import statistics. Upon request, the Parties shall provide any available additional information and explanations related to the exchanged data subject to paragraph 1.

3. The exchange of import statistics, preferential tariff rates under this Agreement and applied MFN tariff rates shall start one year from the entry into force of this Agreement or upon a time agreed by the Parties.

4. Notwithstanding paragraphs 1 and 2, no Party shall be obliged to exchange data that is confidential in accordance with its domestic laws and regulations.

5. The Parties shall exchange information in English.

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Article 2. Sub-Committee on Trade In Goods 1. a Sub-Committee on Trade In Goods (Sub-Committee) Is Hereby Established.

2. The mandate of the Sub-Committee is set out in Annex VII (Mandate of the Sub- Committee on Trade in Goods).

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1.

2.

Chapter 3. TECHNICAL BARRIERS TO TRADE

Article 3.1. Incorporation of the TBT Agreement

With respect to technical regulations, standards and conformity assessment procedures, the WTO Agreement on Technical Barriers to Trade (TBT Agreement) applies and is hereby incorporated and made part of this Agreement, mutatis mutandis.

Article 3.2. Scope

This Chapter shall apply to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures, which may affect trade in goods between the Parties.

This Chapter shall not apply to:

)

(b)

sanitary and phytosanitary measures as defined in Chapter 4 (Sanitary and Phytosanitary Measures); and

purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies.

Article 3.3. Objectives

The objectives of this Chapter are to:

) (b)

(c)

(d)

(ce)

enhance the implementation of the TBT Agreement;

facilitate trade in goods between the Parties and access to their respective markets;

facilitate exchange of information and cooperation in the fields of technical regulations, standards and conformity assessment procedures between the Parties, and enhance mutual understanding of their regulatory systems;

prevent, eliminate or reduce unnecessary costs related to trade between the Parties, including by, but not limited to, avoiding duplications of conformity assessment procedures;

promote the implementation of good regulatory practices; and

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® solve issues related to trade under this Chapter arising between the Parties.

Article 3.4. International Standards, Guides and Recommendations

For the purposes of this Chapter, “relevant international standards, guides and recommendations” within the meaning of Articles 2 and 5, and Annex 3 of the TBT Agreement mean standards issued by international standardising bodies, including but not limited to the International Organization for Standardization (ISO), International Electrotechnical Commission (IEC), the International Telecommunication Union and Codex Alimentarius.

Article 3.5. Movement of Goods, Border Control and Market Surveillance

1. An importing Party shall ensure free movement of goods complying with its relevant technical regulations once placed on its market.

2. If a Party detains a product exported from another Party at a port of entry, it shall promptly notify the reasons for the detention to the importer or the importer’s representative.

3. If a Party withdraws a product exported from another Party from its market, it shall promptly notify the reasons to the importer or the person responsible for placing the product on the market.

Article 3.6. Conformity Assessment Procedures

1. The Parties acknowledge that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures conducted in another Party, including but not limited to:

(a) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified technical regulations conducted by recognised conformity assessment bodies;

(b) voluntary arrangements between conformity assessment bodies in each

Party,

(c) use of accreditation, based on international standards, to qualify conformity assessment bodies;

(d) government designation of conformity assessment bodies;

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(ce)

@

(g)

unilateral recognition by a Party of the results of conformity assessment procedures conducted in another Party;

use of regional or international arrangements and regional or international recognition agreements to which the Parties are parties; and

a manufacturer’s or supplier’s declaration of conformity, based on international standards.

2. No Party shall prepare, adopt or apply conformity assessment procedures which are likely to create unnecessary obstacles to trade. To this end, the Parties shall:

)

(b)

(c)

reinforce the role of international standards as a basis for technical regulations, including conformity assessment procedures;

promote the accreditation of conformity assessment bodies on the basis of televant Standards and Guidelines of the ISO and IEC; and

encourage mutual acceptance of conformity assessment results of bodies accredited in accordance with subparagraph (b), which have been recognised under the relevant regional or international arrangement or agreement.

3. If a Party requires positive assurance of conformity with domestic technical regulations, whenever possible, it shall encourage acceptance of a supplier’s declaration of conformity based on international standards as a documentation declaring conformity with domestic technical regulations.

Article 3.7. Cooperation

With a view to increasing mutual understanding of their respective systems and facilitating access to their respective markets, the Parties shall strengthen cooperation, in particular in the following areas:

)

(b)

(c)

activities of international standardisation bodies and the WTO Committee on Technical Barriers to Trade;

communication between their competent authorities, exchange of information with respect to technical regulations, good regulatory practice, standards, conformity assessment procedures, border control and market surveillance; and

promoting cooperation between their standardisation bodies.

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Article 3.8. Consultations

1. Ifa Party considers that a technical regulation, standard or conformity assessment procedure of another Party is likely to create, or has created, an obstacle to trade, or raises issues related to this Chapter, it may request consultations with the Party concerned with a view to reaching a mutually acceptable solution.

2. Such consultations shall take place within 30 days from the receipt of the request and may be conducted by any method agreed by the Parties concerned. The Joint Committee shall be informed thereof.

Article 3.9. Review

Upon request of a Party, the Parties shall agree on an arrangement extending to each other treatment related to technical regulations, standards and conformity assessment procedures which all Parties have agreed with a third party.

Article 3.10. Contact Points

1. The Parties shall within 30 days of entry into force of this Agreement, exchange names and addresses, including telephone number, email address and other relevant details of contact points for this Chapter, in order to facilitate communication and the exchange of information.

2. Each Party shall promptly notify the other Parties of any change to those contact details.

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Chapter 4. SANITARY AND PHYTOSANITARY MEASURES

Article 4.1. General Provision

With respect to sanitary and phytosanitary measures, the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) applies and is hereby incorporated into and made part of this Agreement, mutatis mutandis.

Article 4.2. Definitions

For the purposes of this Chapter:

) (b)

(c)

(d)

(ce)

the definitions provided in Annex A of the SPS Agreement shall apply;

the definitions developed by Codex Alimentarius Commission (CAC), the World Organisation for Animal Health (WOAH), and the International Plant Protection Convention (IPPC) shall be taken into account;

“international standards’ means the standards, guidelines and tecommendations of the CAC, the WOAH and the IPPC;

“perishable goods” means goods which rapidly decay due to their natural characteristics, and particularly in the absence of appropriate storage conditions; and

“competent authorities’ means those authorities within each Party

authorised by domestic laws and regulations to enforce the sanitary and phytosanitary measures within that Party.

Article 4.3. Scope

This Chapter applies to sanitary and phytosanitary measures ofa Party which may, directly or indirectly, affect trade between the Parties.

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Article 4.4. Objectives the Objectives of this Chapter Are to: (a) Enhance the Implementation of the SPS Agreement;

(b) protect human, animal or plant life or health in the territory of the Parties, while facilitating trade between the Parties;

(c) facilitate exchange of information and cooperation in the field of sanitary and phytosanitary measures between the Parties and enhance mutual understanding of their regulatory systems; and

(d) solve trade issues related to this Chapter arising between the Parties.

Article 4.5. Audit, Inspection and Certification

1. The Parties agree to use system audits as their preferred assessment method. If necessary, an importing Party may perform an inspection of a facility for the purposes of determining whether the facility conforms with the importing Party’s sanitary or phytosanitary requirements.

2. The importing Party shall assess the inspection and certification systems of an exporting Party based on international standards.

3. The importing Party shall clearly document any corrective actions, timeframes and follow-up procedures in an assessment report. The draft assessment report shall be provided to the exporting Party within 90 days from the audit. The exporting Party may comment on the draft assessment report. Comments made by the exporting Party shall be taken into account in the final assessment report.

4. The costs incurred in carrying out the audit shall be borne by the importing Party, unless otherwise agreed between the importing Party and the exporting Party.

Article 4.6. Certificates

1. The Parties agree to cooperate to limit the number of model SPS certificates per food category. Official certificates, where required, shall be in line with the principles laid down in international standards.

2. An importing Party which introduces or modifies a certificate shall inform the exporting Party on the proposed new or revised certificate in English as soon as possible. The importing Party shall provide the factual basis and justification of the new or modified certificate and give the exporting Party sufficient time to adapt to the new

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tequirements.

3. The Parties are encouraged to establish an electronic SPS certification exchange system.

Article 4.7.

Cooperation 1. With a view to increasing mutual understanding of their respective systems and

facilitating access to their respective markets, the Parties shall strengthen their cooperation. Such cooperation shall include, but is not limited to, collaboration between the relevant scientific institutions that provide the Parties with scientific advice and risk assessment.

2. Each Party shall make their final SPS measures available to the public. Upon request, a Party shall provide supplementary information regarding import requirements in English.

3. When a Party introduces new SPS measures, the importing Party shall, upon request, and as far as practicable in English, provide the appropriate risk assessment or scientific information that justifies the measure.

Article 4.8. Movement of Goods an Importing Party Shall Ensure Free Movement of Goods Complying with Itsrelevant Sanitary and Phytosanitary Requirements Once Placed on Its Market.

Article 4.9. Import Checks

1. Each Party shall ensure that import checks applied to imported goods are based on the risks associated with such goods and applied in a non-discriminatory manner. The Parties shall carry out border controls without undue delay and in the least trade restrictive manner.

2. Each Party shall carry out import controls in accordance with international standards.

3. If a Party detains a product at the border due to a perceived risk, it shall take a decision on clearance as soon as possible and shall make every effort to avoid deterioration of perishable goods. That Party shall promptly inform the importer about the factual justification for the detention.

4. If a Party rejects a product at a port of entry, it shall, upon request, provide the exporting Party with the factual basis and scientific justification as soon as possible.

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5. If an importing Party prohibits or restricts the importation of a good of an exporting Party on the basis of non-compliance of that good found during an import check, the importing Party shall notify the competent authority, the importer or its representatives of such non-compliance.

6. When the importing Party identifies a significant or recurring sanitary or phytosanitary non-compliance associated with exported consignments, the Parties concerned shall, on request of any of those Parties, discuss the non-compliance to ensure that appropriate remedial actions are taken to avoid such non-compliance.

Article 4. Technical Consultations

1. Ifa Party considers that an SPS measure of another Party is likely to create, or has created, an obstacle to trade, or raises significant concerns related to this Chapter, it may, through contact points, request technical consultations with the Party concerned with a view to reaching a mutually acceptable solution.

2. The other Party shall respond to such a request within 30 days. Such consultations may be conducted by any agreed method. The Joint Committee shall be informed thereof.

3. The Parties shall make every attempt to address any concerns relating to an SPS measure through technical consultations under this Article.

Article 4. Review

Upon request of a Party, the Parties shall review the measures granted to a third party with whom the Parties have established arrangements concerning SPS measures. The Parties shall agree on an arrangement extending to each other treatment related to SPS measures which all Parties have agreed with a third party.

Article 4.12. Contact Points and Competent Authorities 1. the Parties Shall Exchange Names and Addresses of Contact Points and Competent Authorities for this Chapter In Order to Facilitate Communication and the Exchange of Information. 2. Each Party Shall Notify Any Substantial Change In Structure, Organisation and

division of responsibilities of its competent authorities and contact points to the other Parties.

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Chapter 5. TRADE IN SERVICES

Article 5.1. Scope and Coverage

1. This Chapter applies to measures by the Parties affecting trade in services and taken by central, regional or local governments and authorities as well as by non- governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities. It applies to all services sectors.

2. With respect to air transport services, this Chapter shall not apply to measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, except as provided for in paragraph 3 of the GATS Annex on Air Transport Services. The definitions of paragraph 6 of the GATS Annex on Air Transport Services are hereby incorporated and made part of this Agreement, mutatis mutandis.

3. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement.

4. This Chapter shall not apply to subsidies and grants including government supported loans, guarantees and insurance, provided by a Party or to any conditions

attached to the receipt of such subsidies or grants, whether or not such subsidies or grants are offered exclusively to domestic services, service consumers or service suppliers.

Article 5.2. Definitions 1. for the Purposes of this Chapter: (a) “trade In Services” Is Defined as the Supply of a Service: (i) from the Territory of One Party Into the Territory of Another Party;(ii) In the Territory of One Party to the Service Consumer of Another

Party;

(iii) by a service supplier of one Party, through commercial presence in the territory of another Party; or

(iv) by a service supplier of one Party, through presence of natural persons of a Party in the territory of another Party;

(b) “services” includes any service in any sector except services supplied in the exercise of government authority;

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(c) “a service supplied in the exercise of governmental authority” means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.

(d) “service supplier” means any person that supplies, or seeks to supply, a service;*

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 Geographical Scope 1
  • Article   1.3 Trade and Economic Relations Governed by this Agreement 1
  • Article   1.4 Relation to other International Agreements 1
  • Article   1.5 Fulfilment of Obligations 1
  • Article   1.6 Transparency and Confidential Information 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope 1
  • Article   2.2 Customs Duties on Imports 1
  • Article   2.4 Rules of Origin and Administrative Cooperation 1
  • Article   2.5 Customs Valuation (1) 1
  • Article   2.6 Classification of Goods and Transposition of Schedules 1
  • Article   2.7 Import Licensing 1
  • Article   2.8 Quantitative Restrictions 1
  • Article   2.9 Fees and Formalities 1
  • Article   2.10 National Treatment on Internal Taxation and Regulations 1
  • Article   2.11 Trade Facilitation 1
  • Article   2.12 WTO Agreement on Agriculture 1
  • Article   2.13 Subsidies and Countervailing Measures 1
  • Article   2.14 Anti-dumping 1
  • Article   2.15 Global Safeguard Measures 1
  • Article   2.16 Bilateral Safeguard Measures 1
  • Article   2.17 State Trading Enterprises 1
  • Article   2.18 General Exceptions 1
  • Article   2.19 Security Exceptions 1
  • Article   2.20 Balance-of-Payments 1
  • Article   2.21 Preference Utilisation 1
  • Article   2 Sub-Committee on Trade In Goods 1. a Sub-Committee on Trade In Goods (Sub-Committee) Is Hereby Established. 2
  • Chapter   3 TECHNICAL BARRIERS TO TRADE 2
  • Article   3.1 Incorporation of the TBT Agreement 2
  • Article   3.2 Scope 2
  • Article   3.3 Objectives 2
  • Article   3.4 International Standards, Guides and Recommendations 2
  • Article   3.5 Movement of Goods, Border Control and Market Surveillance 2
  • Article   3.6 Conformity Assessment Procedures 2
  • Article   3.7 Cooperation 2
  • Article   3.8 Consultations 2
  • Article   3.9 Review 2
  • Article   3.10 Contact Points 2
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   4.1 General Provision 2
  • Article   4.2 Definitions 2
  • Article   4.3 Scope 2
  • Article   4.4 Objectives the Objectives of this Chapter Are to: (a) Enhance the Implementation of the SPS Agreement; 2
  • Article   4.5 Audit, Inspection and Certification 2
  • Article   4.6 Certificates 2
  • Article   4.7 2
  • Article   4.8 Movement of Goods an Importing Party Shall Ensure Free Movement of Goods Complying with Itsrelevant Sanitary and Phytosanitary Requirements Once Placed on Its Market. 2
  • Article   4.9 Import Checks 2
  • Article   4 Technical Consultations 2
  • Article   4 Review 2
  • Article   4.12 Contact Points and Competent Authorities 1. the Parties Shall Exchange Names and Addresses of Contact Points and Competent Authorities for this Chapter In Order to Facilitate Communication and the Exchange of Information. 2. Each Party Shall Notify Any Substantial Change In Structure, Organisation and 2
  • Chapter   5 TRADE IN SERVICES 2
  • Article   5.1 Scope and Coverage 2
  • Article   5.2 Definitions 1. for the Purposes of this Chapter: (a) “trade In Services” Is Defined as the Supply of a Service: (i) from the Territory of One Party Into the Territory of Another Party;(ii) In the Territory of One Party to the Service Consumer of Another 2
  • Article   5.3 Most-Favoured-Nation Treatment 3
  • Article   5.4 Market Access 3
  • Article   5.5 National Treatment 3
  • Article   5.6 Additional Commitments 3
  • Article   5.7 Domestic Regulation 3
  • Article   5.8 Recognition 3
  • Article   5.9 Movement of Natural Persons 3
  • Article   5.10 Transparency 3
  • Article   5.11 Monopolies and Exclusive Service Suppliers 3
  • Article   5 Business Practices 3
  • Article   5.13 Payments and Transfers 3
  • Article   5.14 Restrictions to Safeguard the Balance of Payments 3
  • Article   5.15 Subsidies 3
  • Article   5.16 General Exceptions 3
  • Article   5.17 4
  • Article   5.18 Schedules of Specific Commitments 4
  • Article   5.19 Modification of Schedules 4
  • Article   5.21 Annexes 4
  • Chapter   6 INVESTMENT 4
  • Article   6.1 Scope and Coverage 4
  • Article   6.2 Definitions 4
  • Article   6.3 National Treatment 4
  • Article   6.4 4
  • Article   6.5 Key Personnel 4
  • Article   6.6 Right to Regulate 4
  • Article   6.7 Payments and Transfers 4
  • Article   6.8 Restrictions to Safeguard the Balance of Payments 4
  • Article   6.10 General Exceptions 4
  • Article   6.11 Security Exceptions 4
  • Article   6 Review 4
  • Article   6.13 Promotion of Investment 4
  • Article   6.14 Facilitation of Investment 4
  • Chapter   7 INTELLECTUAL PROPERTY 4
  • Article   7.1 Protection of Intellectual Property 4
  • Chapter   8 GOVERNMENT PROCUREMENT 4
  • Article   8.1 Objectives 4
  • Article   8.2 Scope 4
  • Article   8.3 Principles 4
  • Article   8.4 Transparency 4
  • Article   8.5 Use of Electronics Means 4
  • Article   8.6 Environmentally Sustainable Procurement 4
  • Article   8.7 Facilitation of Participation by SMEs 5
  • Article   8.8 Cooperation 5
  • Article   8.9 Further Negotiations 5
  • Article   8.10 Review 5
  • Article   8.11 Contact Points 5
  • Chapter   9 COMPETITION 5
  • Article   9.1 Rules of Competition 5
  • Article   9.3 Consultations 5
  • Article   9.4 Dispute Settlement 5
  • Chapter   10 TRADE AND SUSTAINABLE DEVELOPMENT 5
  • Article   10.1 Context, Objectives and Scope 5
  • Article   10.2 Right to Regulate and Levels of Protection 5
  • Article   10.3 5
  • Article   10.4 International Labour Standards and Agreements 5
  • Article   10.5 Inclusive Economic Development and Equal Opportunities for All 5
  • Article   10.6 5
  • Article   10.7 Sustainable Forest Management and Associated Trade 5
  • Article   10.8 5
  • Article   10.9 Trade and Biological Diversity 5
  • Article   10.10 Trade and Sustainable Management of Fisheries and Aquaculture 5
  • Article   10.11 Trade and Sustainable Agriculture and Food Systems 5
  • Article   10.12 Promotion of Trade and Investment Favouring Sustainable Development 5
  • Article   10.13 Responsible Business Conduct 5
  • Article   10.14 Cooperation 5
  • Article   10.15 5
  • Article   10.16 Panel of Experts 5
  • Article   10.17 Review 6
  • Chapter   11 SMALL AND MEDIUM-SIZED ENTERPRISES 6
  • Article   11.1 General Provisions 6
  • Article   11.2 Information Sharing 6
  • Article   11.3 SMEs Contact Points and Cooperation 6
  • Article   11.4 Non-Application of Dispute Settlement 6
  • Chapter   12 TECHNICAL COOPERATION AND CAPACITY BUILDING 6
  • Article   12.1 Objectives and Scope 6
  • Article   12.2 Methods and Means 6
  • Article   12.3 Fields of Technical Cooperation and Capacity Building 6
  • Article   12.4 6
  • Article   12.5 Non-Application of Dispute Settlement 6
  • Chapter   13 INSTITUTIONAL PROVISIONS 6
  • Article   13.1 Joint Committee 6
  • Article   13.2 Contact Points 6
  • Chapter   14 DISPUTE SETTLEMENT 6
  • Article   14.1 Scope and Coverage 6
  • Article   14.2 Good Offices, Conciliation or Mediation 6
  • Article   14.3 6
  • Article   14.4 Establishment of Arbitration Panel 6
  • Article   14.5 Third Parties 7
  • Article   14.6 Terms of Reference 7
  • Article   14.7 Procedures of the Arbitration Panel 7
  • Article   14.8 Panel Reports 7
  • Article   14.9 Suspension or Termination of Arbitration Panel Proceedings 7
  • Article   14.10 Implementation of the Final Panel Report 7
  • Article   14.11 Compensation and Suspension of Concessions or other Obligations 7
  • Article   14.12 Time Periods 7
  • Article   14.13 Costs Unless the Parties to the Dispute Agree Otherwise, Each Party to the Dispute Shall 7
  • Chapter   15 FINAL PROVISIONS 7
  • Article   15.1 Annexes, Appendices and Footnotes 7
  • Article   15.2 Amendments 7
  • Article   15.3 Accession 7
  • Article   15.4 Withdrawal and Expiration 7
  • Article   15.5 Entry Into Force 7
  • Article   15.6 DepositaryThe Government of Norway Shall Act as Depositary. 7