Article 8.7. Facilitation of Participation by SMEs
The Parties recognise the important contribution that small and medium-sized enterprises, including micro-sized enterprises (SMEs), can make to economic growth and employment and the importance of facilitating the participation of SMEs in government procurement.
Article 8.8. Cooperation
The Parties endeavour to cooperate on matters relating to government procurement with a view to achieving a better understanding of each Partyâs respective government procurement system. Such cooperation may include:
(a) exchanging information, to the extent possible, on Partiesâ domestic laws, regulations, and procedures, and any modifications thereof;
(b) providing training, technical assistance, or capacity building to Parties, and sharing information on these initiatives;
(c) sharing information, where possible, on best practices, including those in telation to SMEs; and
(d) sharing information, where possible, on electronic procurement systems.
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Article 8.9. Further Negotiations
1. If a Party concludes an agreement granting market access for government procurement to a non-Party, it shall promptly notify the other Parties.
2. If a Party grants to a non-Party additional benefits with regard to the access to its procurement markets after the entry into force of this Agreement, it shall enter into negotiations with the other Parties with a view to offering similarly favourable treatment and agreeing on the market access commitments.
3. For the purpose of paragraph 2, the Parties shall amend this Agreement to consolidate the treatment referred to in paragraph 2 on a reciprocal basis within one year from entry into force of the relevant agreement referred to in paragraph 1. This amendment shall be subject to ratification or acceptance by the Parties.
Article 8.10. Review
Notwithstanding Article 8.9 (Further Negotiations), the Joint Committee shall conduct regular reviews of this Chapter, with a view to examining the possibilities of developing and deepening the cooperation between the Parties in the area of government procurement.
Article 8.11. Contact Points
1. Each Party shall, within 30 days of entry into force of this Agreement for that Party, designate one or more contact points to facilitate cooperation and information sharing under this Chapter and of the relevant details of that contact point or those contact points.
2. Each Party shall promptly notify the other Parties of any change regarding the relevant details of its contact point or contact points.
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Chapter 9. COMPETITION
Article 9.1. Rules of Competition
1. The Parties recognise that anticompetitive practices have the potential to undermine the benefits arising from this Agreement. The following practices of enterprises are incompatible with the proper functioning of this Agreement in so far as they may affect trade between the Parties:
(a) agreements between enterprises, decisions by associations of enterprises and concerted practices between enterprises which have as their object or effect the prevention, restriction or distortion of competition; and
(b) abuse by one or more enterprises of a dominant position in the territory of a Party as a whole or in a substantial part thereof.
2. Paragraph 1 shall also apply to the activities of public enterprises, and enterprises to which the Parties grant special or exclusive rights, in so far as the application of these provisions does not obstruct the performance, in law or in fact, of the particular public tasks assigned to them.
3. This Chapter shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its competition laws and regulations.
4. This Article shall not be construed to create any direct obligations for enterprises. ARTICLE 9.2 Cooperation
1. The Parties shall cooperate and consult with regard to anticompetitive practices
referred to in paragraph 1 of Article 9.1 (Rules of Competition), with the aim of putting an end to such practices or their adverse effects on trade.
2. Cooperation may include the exchange of pertinent information that is available to the Parties. No Party shall be required to disclose information that is confidential according to its domestic laws and regulations.
Article 9.3. Consultations
1. If a Party considers that a given practice contimes to affect trade in the sense of paragraph 1 of Article 9.1 (Rules of Competition), after cooperation or consultations in
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accordance with Article 9.2 (Cooperation), it may request consultations in the Joint Committee.
2. The Parties concerned shall provide the Joint Committee with all the support and available information in order to examine the matter and, where appropriate, eliminate the practice objected to.
3. The Joint Committee shall, within 60 days from the receipt of the request, examine the information provided in order to facilitate a mutually acceptable solution of the matter.
Article 9.4. Dispute Settlement
No Party shall have recourse to Chapter 14 (Dispute Settlement) for any matter arising under this Chapter.
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Chapter 10. TRADE AND SUSTAINABLE DEVELOPMENT
Article 10.1. Context, Objectives and Scope
1. The Parties recall the Stockholm Declaration on the Human Environment of 1972, the Rio Declaration on Environment and Development of 1992, Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the ILO Declaration on Fundamental Principles and Rights at Work of 1998, as amended in 2022, the Ministerial Declaration of the UN Economic and Social Council on Generating Full and Productive Employment and Decent Work for All of 2006, the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022, the ILO Centenary Declaration for the Future of Work of 2019, the Rio+20 Outcome Document âThe Future We Wantâ of 2012 and the UN 2030 Agenda for Sustainable Development of 2015.
2. The Parties shall promote sustainable development which encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing. They underline the benefit of cooperation on trade and investment related aspects of labour and environmental issues as part of a global approach to trade and sustainable development.
3. The Parties affirm their commitment to promote the development of international trade and investment as well as their preferential economic relationship in a manner that is beneficial to all and that contributes to sustainable development.
4. The Parties agree that this Chapter embodies a cooperative approach based on common values and interests, taking into account the differences in their levels of development, as appropriate.
5. Except as otherwise provided for in this Chapter, this Chapter applies to measures adopted or maintained by a Party affecting trade-related and investment-related aspects of labour and environmental issues.
Article 10.2. Right to Regulate and Levels of Protection
1. Recognising the right of each Party, subject to the provisions of this Agreement, to establish its own level of environmental and labour protection, and to adopt or modify accordingly its relevant laws, policies and practices, each Party shall seek to ensure that its laws, policies and practices provide for and encourage high levels of environmental and labour protection, consistent with the standards, principles and agreements referred to in this Chapter as applicable to each Party. Each Party will strive to further improve the level of protection provided for in those laws, policies and practices.
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2. The Parties recognise the importance of taking account of scientific, technical and other information, and relevant international standards, guidelines and recommendations when preparing and implementing measures related to the environment and labour conditions that affect trade and investment between them.
3. The Parties agree that the provisions of this Chapter shall not be applied in a manner which would constitute a disguised restriction on trade or investment.
Article 10.3.
Upholding Levels of Protection in the Application and Enforcement of Laws, Regulations or Standards
1. No Party shall fail to effectively enforce its environmental and labour laws, regulations or standards in a manner affecting trade or investment between the Parties.
2. No Party shall weaken or reduce the level of environmental or labour protection provided by its laws, regulations or standards with the sole intention to seek a competitive trade advantage of producers or service providers operating in that Party or to otherwise encourage trade or investment.
3. No Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, such laws, regulations or standards in order to encourage investment from another Party or to seek a competitive trade advantage of producers or service providers operating in that Party.
Article 10.4. International Labour Standards and Agreements
1. The Parties reaffirm their commitment to promote the development of international trade and investment in a way that is conducive to full and productive employment and decent work for all.
2. The Parties recall the obligations deriving from membership of the ILO, including the obligations in respect of the fundamental principles and rights at work as reflected in the ILO Declaration on Fundamental Principles and Rights at Work of 1998, as amended in 2022. They commit to respect, promote and realise the principles concerning the fundamental rights, namely:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour;
(d) the elimination of discrimination in respect of employment and occupation; and
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(e) a safe and healthy working environment.
3. The Parties recall the obligations deriving from membership of the ILO to effectively implement the ILO Conventions which they have ratified and to make continued and sustained efforts towards ratifying the fundamental ILO Conventions and related protocols, the governance Conventions as well as the other Conventions that are classified as âup-to-dateâ by the ILO.
4. The Parties recognise the importance of the strategic objectives of the ILO Decent Work Agenda, as reflected in the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022.
5. The Parties commit to:
(a) develop and enhance measures for social protection and decent working conditions for all, including with regard to social security, occupational safety and health, wages and earnings, working time and other conditions of work;
(b) promote social dialogue and tripartism; and (c) build and maintain a well-functioning labour inspection system.
6. Each Party shall ensure that administrative and judicial proceedings are accessible and available in order to permit effective action to be taken against infringements of labour rights referred to in this Chapter.
7. The Parties reaffirm, as set out in the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022, that the violation of fundamental principles and rights at work shall not be invoked or otherwise used as a legitimate comparative advantage and that labour standards shall not be used for protectionist trade purposes.
Article 10.5. Inclusive Economic Development and Equal Opportunities for All
1. The Parties acknowledge the importance of incorporating a gender perspective in the promotion of inclusive economic development and that gender-responsive policies are key elements to enhance the participation of all in the economy and international trade in order to achieve sustainable economic growth.
2. The Parties reaffirm their commitment to implement in their laws, policies and practices the international agreements pertaining to gender equality or non-discrimination to which they are a party.
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Article 10.6.
Multilateral Environmental Agreements and International Environmental Governance
1. The Parties recognise the importance of multilateral environmental agreements and international environmental governance as a response of the international community to global or regional environmental challenges and stress the need to enhance the mutual supportiveness between trade and environment policies.
2. The Parties reaffirm their commitment to the effective implementation in their laws, policies and practices of the multilateral environmental agreements to which they are a party, as well as their adherence to environmental principles reflected in the international instruments referred to in Article 10.1 (Context, Objectives and Scope).
Article 10.7. Sustainable Forest Management and Associated Trade
1. The Parties recognise the importance of ensuring conservation and sustainable management of forests and related ecosystems such as mangroves and peatlands and thereby contributing to the reduction of greenhouse gas emissions and biodiversity loss resulting from deforestation and forest degradation, including from land use and land-use change for economic activities.
2. Pursuant to paragraph 1, the Parties commit to: (a) ensure effective forest law enforcement and governance;
(b) promote trade in products that derive from sustainably managed forests and related ecosystems;
(c) implement measures to combat illegal logging and promote the development and use of timber legality assurance instruments to ensure that only legally sourced timber is traded between the Parties;
(d) promote the effective use of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with particular tegard to timber species; and
(e) cooperate on issues pertaining to conservation and sustainable management of forests, mangroves and peatlands where relevant through existing bilateral arrangements if applicable and in the relevant multilateral fora in which they participate, in particular through the United Nations collaborative initiative on Reducing Emissions from Deforestation and Forest Degradation (REDD+) as encouraged by the Paris Agreement of 2015 (Paris Agreement).
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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) â 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.
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2. Pursuant to paragraph 1, the Parties commit to:
)
(b)
(c)
(d)
(ce)
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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;
effectively implement in their laws, policies and practices the international agreements to which they are a party;
promote the use of relevant international guidelines including the FAO Voluntary Guidelines for Catch Documentation Schemes;
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;
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
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.
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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.
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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
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