Article 10.8. Trade and Climate Change
1. The Parties recognise the importance of pursuing the objectives of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement and the principles and provisions contained therein, in order to address the urgent threat of climate change and the role of trade and investment in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) effectively implement their respective obligations and commitments under the UNFCCC and the Paris Agreement;
(b) promote the contribution of trade and investment to the transition to a low- carbon-economy and to climate-resilient development; and
(c) cooperate bilaterally, regionally and in international fora, as appropriate, on trade-related climate change issues.
Article 10.9. Trade and Biological Diversity
1. The Parties recognise the importance of the conservation and sustainable use of biological diversity, and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) promote, where applicable, the inclusion of animal and plant species in the appendices to CITES where a species is threatened, or may become threatened, with extinction;
(b) implement effective measures to combat illegal wildlife trade, including, as appropriate, with respect to non-Parties;
(c) enhance efforts to prevent or control the introduction and spread of invasive alien species, in connection with trade activities; and
(d) cooperate, where applicable, on issues concerning trade and the conservation and sustainable use of biological diversity, including initiatives to reduce demand for illegal wildlife products.
Article 10.10. Trade and Sustainable Management of Fisheries and Aquaculture
1. The Parties recognise the importance of ensuring the conservation and sustainable management of living marine resources and marine ecosystems and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) implement comprehensive, effective and transparent policies and measures to combat illegal, unreported and unregulated (IUU) fishing and aim to prevent IUU products from trade flows;
(b) effectively implement in their laws, policies and practices the international agreements to which they are a party;
(c) promote the use of relevant international guidelines including the FAO Voluntary Guidelines for Catch Documentation Schemes;
(d) cooperate bilaterally and in relevant international fora in the fight against IUU fishing by, inter alia, facilitating the exchange of information on IUU fishing activities;
(e) fulfil the objectives set out in the 2030 Agenda for Sustainable Development regarding fisheries subsidies, including by implementing the WTO Agreement on Fisheries Subsidies and by contributing to finalising an agreement in the WTO that covers the entire mandate set out in Sustainable Development Goal 14.6; and
(f) promote the development of sustainable and responsible aquaculture and capture fisheries.
Article 10.11. Trade and Sustainable Agriculture and Food Systems
1. The Parties recognise the importance of sustainable agriculture and food systems and the role of trade in achieving this objective. The Parties reiterate their shared commitment to achieve the 2030 Agenda for Sustainable Development and its Sustainable Development Goals.
2. Pursuant to paragraph 1, the Parties commit to:
(a) promote sustainable agriculture and associated trade;
(b) promote sustainable food systems; and
(c) cooperate, as appropriate, on issues concerning trade and sustainable agriculture and food systems, including through exchanging information, experience and good practices, conducting a dialogue on their respective priorities, and reporting on progress made in achieving sustainable agriculture and food systems.
Article 10.12. Promotion of Trade and Investment Favouring Sustainable Development
1. The Parties recognise the important role of trade and investment in promoting sustainable development in all its dimensions.
2. Pursuant to paragraph 1, the Parties undertake to:
(a) promote and facilitate foreign investment, trade in and dissemination of goods and services that contribute to sustainable development, including those subject to ecological, fair or ethical trade schemes;
(b) promote the development and use of sustainability certification schemes that enhance transparency and traceability throughout the supply chain;
(c) address non-tariff barriers to trade in goods and services that contribute to sustainable development;
(d) promote the contribution of trade and investment towards a resource efficient and circular economy; and
(e) encourage cooperation between enterprises in relation to goods, services and technologies that contribute to sustainable development.
Article 10.13. Responsible Business Conduct
The Parties commit to promote responsible business conduct, including by encouraging relevant practices such as responsible management of supply chains by businesses. In this regard, the Parties acknowledge the importance of internationally recognised principles and guidelines, such as the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the UN Global Compact and the UN Guiding Principles on Business and Human Rights.
Article 10.14. Cooperation
1. The Parties shall strive to strengthen their cooperation on trade and investment related labour and environmental issues of mutual interest referred to in this Chapter bilaterally as well as in the international fora in which they participate.
2. Each Party may, as appropriate, invite the participation of social partners or other relevant stakeholders in identifying possible areas of cooperation.
Article 10.15. Implementation and Consultations
1. The Parties shall designate the contact points for the purposes of this Chapter.
2. A Party may, through the contact points referred to in paragraph 1, request consultations with another Party regarding any matter arising under this Chapter. The consultations shall take place in the Joint Committee, unless the Parties concerned agree otherwise. The Parties concerned shall make every attempt to reach a mutually satisfactory resolution of the matter and may seek advice from relevant organisations, bodies or experts.
3. The Parties may have recourse to Articles 14.2 (Good Offices, Conciliation or Mediation) and 14.3 (Consultations) for matters arising under this Chapter.
4. No Party shall have recourse to arbitration under Chapter 14 (Dispute Settlement) for matters arising under this Chapter.
5. The Parties shall provide their stakeholders with the opportunity to share comments and make recommendations regarding the implementation of this Chapter.
Article 10.16. Panel of Experts
1. If the Parties concerned fail to reach a mutually satisfactory resolution of a matter arising under this Chapter through consultations under Article 14.3 (Consultations) in Chapter 14 (Dispute Settlement), a Party concerned may request the establishment of a panel of experts. Articles 14.4 (Establishment of Arbitration Panel), 14.7 (Procedures of the Arbitration Panel), 14.9 (Suspension or Termination of Arbitration Panel Proceedings) and 14.13 (Costs) shall apply mutatis mutandis, except as otherwise provided for in this Article.
2. The panellists shall have relevant expertise, including in international trade law and international labour law or environmental law. They shall be independent, serve in their individual capacities and shall not take instructions from any organisation or government with regard to issues related to the disagreement, or be affiliated with the government of a Party.
3. The panel of experts should seek information or advice from relevant international organisations or bodies. Any information obtained shall be submitted to the parties concerned for their comments.
4. The panel of experts shall submit an initial report containing its findings and recommendations to the Parties concerned within 120 days from the establishment of the panel of experts. A Party concerned may submit written comments to the panel of experts on its initial report within 15 days from the receipt of the report. After considering any such written comments, the panel of experts may modify the initial report and make any further examination it considers appropriate. The panel of experts shall present to the Parties concerned a final report within 30 days from the receipt of the initial report. The final report shall be made public.
5. The Parties concerned shall discuss appropriate measures to implement the final report of the panel of experts. Such measures shall be communicated to the other Parties within three months from the issuance of the final report and shall be monitored by the Joint Committee.
6. Any time period for the purposes of this Article may be extended: (a) by mutual agreement of the Parties concerned; or (b) by the panel of experts, upon request of a Party concerned.
7. When a panel of experts considers that it cannot comply with a timeframe imposed on it for the purposes of this Article, it shall inform the Parties concerned in writing and provide an estimate of the additional time required. Any additional time should not exceed 30 days.
8. Where a procedural question arises, the panel of experts may, after consultation with the Parties concerned, adopt an appropriate procedure.
Article 10.17. Review
This Chapter shall be subject to periodic review within the framework of the Joint Committee, taking into account the Partiesâ respective participatory processes and institutions. The Parties shall discuss progress achieved in pursuing the objectives set out in this Chapter and consider relevant international developments in order to identify areas where further action could promote these objectives.
Chapter 11. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 11.1. General Provisions
1. The Parties recognise that small and medium-sized enterprises, including micro- sized enterprises, contribute significantly to economic growth, employment, and innovation.
2. For the purposes of this Chapter, "SMEs" means micro, small and medium-sized enterprises according to the respective domestic laws and regulations or national policies of each Party.
3. The Parties recognise that non-tariff barriers represent a challenge to the competitiveness of SMEs. 4. The Parties recognise that, in addition to this Chapter, there are other provisions in this Agreement that contribute to encouraging and facilitating the participation of SMEs in this Agreement.
5. The Parties seek to promote dialogue, information sharing and cooperation in order to increase the ability of SMEs to benefit from the opportunities arising from this Agreement.
Article 11.2. Information Sharing
1. Each Party shall establish or maintain a freely and publicly accessible website containing information regarding this Agreement including:
(a) the text of this Agreement, including its Annexes and Appendices;
(b) asummary of this Agreement; and
(c) any information on specific provisions in this Agreement the Party considers useful for SMEs.
2. Each Party shall include on the website referred to in paragraph 1, links to:
(a) the other Parties' websites referred to in paragraph 1; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any SME interested in trading, investing or doing business in the territory of the Parties.
3. The information described in subparagraph 2(b) shall include, where applicable:
(a) trade procedures informing interested parties of the practical steps for the import, export and transit of goods;
(b) technical regulations and standards;
(c) sanitary and phytosanitary measures relating to importation or exportation;
(d) regulations or procedures on intellectual property rights;
(e) rules and notices on government procurement;
(f) business registration procedures;
(g) employment regulations, including collective bargaining agreements and their registration procedures;
(h) foreign investment regulations; and
(i) trade promotion programmes.
4. Each Party shall endeavour, as far as practicable in English, to include one or several links on the website in accordance with paragraph 1 to databases which are electronically searchable and include the following information:
(a) rates of customs duties and quotas, including MFN rates, rates concerning non-MFN countries and preferential rates;
(b) excise duties;
(c) value added taxes / sales taxes; and
(d) customs or other fees, including other product specific fees.
5. Each Party may complement the information provided pursuant to paragraphs 3 and 4 with additional elements it considers useful for SMEs.
6. Each Party shall take reasonable steps to ensure that the information and links referred to in paragraphs 1 to 4 that it maintains on the website referred to in paragraph 1 are accurate and up to date.
7. Each Party shall make the information provided under paragraphs 1 and 3 of this Article available in English. A Party may provide the information in its official language or languages if accompanied by an English description thereof.
Article 11.3. SMEs Contact Points and Cooperation
1. The Parties recognise the importance of cooperating to reduce barriers to the access of SMEs to their respective markets.
2. Cooperation between the Parties shall mainly take the form of exchange of information and dialogue on issues of mutual interest and shall be channelled through SMEs contact points.
3. Each Party shall designate a SMEs contact point and notify the other Parties of the contact details as well as, thereafter, of any changes to its SMEs contact point.
4. Taking into account the specific needs of SMEs in the implementation of this Agreement, the SMEs contact points shall seek to:
(a) exchange information related to SMEs, including any matter brought to their attention by SMEs in their trade and investment activities with another Party such as non-tariff measures adversely affecting trade outcomes;
(b) exchange policy experiences for SMEs, such as in the development of digital windows that facilitate the efforts of SMEs to establish operations in another Party, as well as in other assistance programmes and tools;
(c) exchange information related to the participation of SMEs in e-commerce, with a view to assisting SMEs to take advantage of the opportunities arising from this Agreement;
(d) promote awareness, understanding, and effective use of the Parties' intellectual property systems among SMEs;
(e) recommend any additional information that the Parties may publish pursuant to Article 11.2 (Information Sharing); and
(f) consider any other matters of interest to SMEs. 5. A Party may raise matters arising under this Chapter in the Joint Committee.
6. In carrying out their activities, the SMEs contact points may cooperate with experts, external organisations and relevant stakeholders, as appropriate.
Article 11.4. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 14 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 12. TECHNICAL COOPERATION AND CAPACITY BUILDING
Article 12.1. Objectives and Scope
1. This Chapter sets out a framework for technical cooperation and capacity building under this Agreement.
2. The Parties declare their readiness to foster trade and economic cooperation in order to facilitate the implementation of the overall objectives of this Agreement.
3. Cooperation activities undertaken under this Chapter shall in particular enhance trade and investment opportunities arising from this Agreement, foster competitiveness of goods and services and contribute to sustainable development in accordance with national strategies and policy objectives including by strengthening human and institutional capacities taking into account the different levels of social and economic development of the Parties.
Article 12.2. Methods and Means
1. The Parties shall cooperate with the objective of identifying and employing the most effective methods and means for the implementation of this Chapter, taking into account the efforts undertaken by relevant international organisations in order to ensure effectiveness and coordination. Technical cooperation and capacity building provided by the EFTA States for the implementation of this Chapter shall be carried out through programmes administered by the EFTA Secretariat, without prejudice to other technical cooperation and capacity building programmes that the Parties may develop in fields covered by this Agreement.
2. Technical cooperation and capacity building under this Chapter shall be subject to the availability of funds and resources of each Party. Costs of cooperation under this Chapter shall be borne by the Parties within the limits of their own capacities and through their own channels, in a manner to be agreed between the Parties.
3. Methods and means of technical cooperation and capacity building may include, as appropriate:
(a) exchange of information, knowledge and expertise, including through facilitating contacts between relevant institutions;
(b) implementation of joint actions such as seminars, workshops, and conferences in order to contribute to institutional capacity building;
(c) technical and administrative assistance;
(d) facilitation for the transfer of technology, on mutually agreed terms, skills and best practices; and
(e) any other methods and means of technical cooperation and capacity building as mutually agreed by the Parties.
4. The Parties may implement technical cooperation and capacity building activities with participation of national and international experts, institutions, organisations and private sector representatives, as appropriate.
Article 12.3. Fields of Technical Cooperation and Capacity Building
1. Technical cooperation and capacity building, may cover any fields jointly identified by the Parties that may serve to enhance the Partiesâ and their economic operatorsâ capacities to benefit from trade and investment opportunities, including:
(a) promotion and facilitation of trade in goods and services, investment and technology flows between the Parties, including promotion of market opportunities for SMEs;
(b) customs and origin matters and trade facilitation, including vocational training in the customs field;
(c) standards, technical regulations and conformity assessment procedures;
(d) sanitary and phytosanitary measures;
(e) trade and investment related aspects of sustainable development, including:
(i) promotion of the contribution of trade and investment towards a resource efficient, circular and green economy; and
(ii) trade and investment related labour and employment issues,
(f) fisheries, aquaculture and marine products, including as set out in Annex XIX (Cooperation on fisheries and aquaculture);
(g) intellectual property rights;
(h) government procurement; and
(i) any other fields of cooperation mutually agreed by the Parties.
2. Noting that many of the chapters of this Agreement contain provisions pertaining to cooperation, the Parties underline the need for a coordinated and coherent approach in implementing cooperation activities.
Article 12.4. Contact Points
The Parties shall exchange names and addresses of designated contact points for matters pertaining to the implementation of this Chapter.
Article 12.5. Non-Application of Dispute Settlement
1. No Party shall have recourse to dispute settlement under Chapter 14 (Dispute Settlement) for any matter arising under this Chapter.
2. Any matter arising under this Chapter between the Parties concerning interpretation and implementation of this Chapter shall be settled amicably.
Chapter 13. INSTITUTIONAL PROVISIONS
Article 13.1. Joint Committee
1. The Parties hereby establish the EFTA-Thailand Joint Committee (Joint Committee) comprising representatives of each Party.
2. The Joint Committee shall:
(a) supervise and review the implementation of this Agreement;
(b) keep under review the possibility of further removal of barriers to trade and other restrictive measures concerning trade between the Parties;
(c) oversee any further elaboration of this Agreement;
(d) supervise the work of all sub-committees and working groups established under this Agreement;
(e) endeavour to resolve disputes that may arise regarding the interpretation or application of this Agreement through consultations as provided for in paragraph 2 of Article 14.3 (Consultations); and
(f) consider any other matters that may affect the operation of this Agreement.
3. The Joint Committee may decide to set up sub-committees and working groups to assist it in accomplishing its tasks. Except where otherwise provided for in this Agreement, the sub-committees and working groups shall work under a mandate established by the Joint Committee.
4. The Joint Committee may take decisions as provided for in this Agreement. On other matters the Joint Committee may make recommendations.