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, ârelevant international standards, guides and recommendationsâ 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 importerâs 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 manufacturerâs or supplierâs 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 supplierâs 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;
âinternational standardsâ means the standards, guidelines and tecommendations of the CAC, the WOAH and the IPPC;
âperishable goodsâ means goods which rapidly decay due to their natural characteristics, and particularly in the absence of appropriate storage conditions; and
âcompetent authoritiesâ 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 Partyâs 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) âtrade In Servicesâ 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) âservicesâ includes any service in any sector except services supplied in the exercise of government authority;
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(c) âa service supplied in the exercise of governmental authorityâ means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.
(d) âservice supplierâ means any person that supplies, or seeks to supply, a service;*