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.
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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, âSMEsâ 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 Partiesâ 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.
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3. The information described in subparagraph 2(b) shall include, where applicable:
)
(b) (c) (4) (c) (f) (g)
(h) @
trade procedures informing interested parties of the practical steps for the import, export and transit of goods;
technical regulations and standards;
sanitary and phytosanitary measures relating to importation or exportation; regulations or procedures on intellectual property rights;
tules and notices on government procurement;
business registration procedures;
employment regulations, including collective bargaining agreements and their registration procedures;
foreign investment regulations; and
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.
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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 Partiesâ 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.
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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;
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(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:
)
(b)
(c) (d) (ce)
@
(g) (h) (i)
promotion and facilitation of trade in goods and services, investment and technology flows between the Parties, including promotion of market opportunities for SMEs;
customs and origin matters and trade facilitation, including vocational training in the customs field;
standards, technical regulations and conformity assessment procedures; sanitary and phytosanitary measures;
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) _â_â trade and investment related labour and employment issues,
fisheries, aquaculture and marine products, including as set out in Annex XIX (Cooperation on fisheries and aquaculture);
intellectual property rights; government procurement; and
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.
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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.
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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) â 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
( 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.
5. The Joint Committee may:
)
(b)
consider and recommend to the Parties amendments to this Agreement; and
decide to amend Appendix 1 (Product-Specific Rules) to Annex I (Rules of Origin). Amendments to any Annexes and other Appendices to this Agreement shall also be made through a decision of the Joint Committee, unless a Party requests that the procedures established in Article 15.2 (Amendments) be followed.
6. The Joint Committee shall take decisions and make recommendations by consensus. The Joint Committee may adopt decisions and make recommendations
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regarding issues related to only one or several EFTA States on the one side and Thailand on the other side. Consensus shall only involve, and the decision or recommendation shall only apply to, those Parties.
7. Ifa representative of a Party in the Joint Committee has accepted a decision subject to the fulfilment of domestic legal requirements, the decision shall enter into force on the date that the last Party, so required, notifies the Depositary that its internal requirements have been fulfilled, unless otherwise agreed. The Joint Committee may decide that the decision enters into force for those Parties that have notified the Depositary that their internal requirements have been fulfilled, provided that Thailand is one of those Parties.
8. The Joint Committee shall meet within one year of the entry into force of this Agreement. Thereafter, it shall meet whenever necessary but normally every two years. Its meetings shall be chaired jointly by one of the EFTA States and Thailand.
9. Each Party may request at any time, through a notice in writing to the other Parties, that a special meeting of the Joint Committee be held. Such a meeting shall take place within 30 days from the receipt of the request, unless the Parties agree otherwise.
10. The Joint Committee shall establish its rules of procedure at its first meeting.
Article 13.2. Contact Points
Each Party shall, within 90 days of entry into force of this Agreement for that Party, designate a contact point to facilitate communications between the Parties on any matter relating to this Agreement and notify the other Parties of the contact details of that contact point. Each Party shall promptly notify the other Parties of any change to those contact details.
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Chapter 14. DISPUTE SETTLEMENT
Article 14.1. Scope and Coverage
1. Unless otherwise provided for in this Agreement, this Chapter applies with respect to the settlement of any disputes concerning the interpretation or application of this Agreement.
2. Disputes regarding the same matter arising under both this Agreement and the WTO Agreement may be settled in either forum at the discretion of the complaining Party. The forum thus selected shall be used to the exclusion of the other.
3. For the purpose of paragraph 2, the complaining Party shall be deemed to have selected the forum in which to settle the dispute when it has requested the establishment of an arbitration panel pursuant to paragraph 1 of Article 14.4 (Establishment of Arbitration Panel) or requested the establishment of a panel under Article 6 of the WTO Understanding on rules and Procedures Governing the Settlement of Disputes.
Article 14.2. Good Offices, Conciliation or Mediation
1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the parties to the dispute so agree. They may begin and, upon request of a party to the dispute, be terminated at any time. They may continue while proceedings of an arbitration panel established in accordance with this Chapter are in progress.
2. Proceedings involving good offices, conciliation and mediation and in particular, positions taken by the parties to the dispute during these proceedings, shall be confidential and without prejudice to the rights of the parties to the dispute in any further or other proceedings.
Article 14.3.
Consultations 1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement and shall make every attempt through cooperation and
consultations to reach a mutually satisfactory solution of any matter raised in accordance with this Article.
4 For the purposes of this Chapter, the terms âPartyâ, âparty to the disputeâ, âcomplaining Partyâ
and âParty complained againstâ can denote one or more Parties.
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2. A Party may request in writing consultations with another Party ifit considers that a measure is inconsistent with this Agreement or that another Party has otherwise failed to carry out its obligations under this Agreement. The Party requesting consultations shall give the reasons for the request, including identification of the measure at issue and an indication of the factual and legal basis for the complaint. It shall at the same time notify the other Parties in writing of the request. The Party to which the request is made shall reply within 10 days from the receipt of the request and shall at the same time provide a copy of the reply to the other Parties. Consultations shall take place in the Joint Committee, unless the Parties making and receiving the request for consultations agree otherwise.
3. Consultations shall commence within 30 days from the receipt of the request for consultations. Consultations on urgent matters, including those on perishable goods, shall commence within 15 days from the receipt of the request for consultations.
4. The parties to the dispute shall provide sufficient information to enable a full examination of the matter and shall treat any confidential information exchanged in the course of consultations in the same manner as the Party providing the information.
5. The consultations shall be confidential and without prejudice to the rights of a party to the dispute in any further or other proceedings.
6. The parties to the dispute shall inform the other Parties of any mutually agreed solution.
Article 14.4. Establishment of Arbitration Panel
1. The complaining Party may request the establishment of an arbitration panel by means of a written request to the Party complained against if
(a) the Party complained against does not reply to the request for consultations in accordance with paragraph 2 of Article 14.3 (Consultations);
(b) the Party complained against does not enter into consultations within the timeframes laid down in paragraph 3 of Article 14.3 (Consultations); or
(c) the consultations fail to resolve a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, after the Party complained against has received the request for consultations made pursuant to paragraph 2 of Article 14.3 (Consultations).
2. A copy of the request for the establishment of an arbitration panel shall at the same time be communicated to the other Parties so that they may determine whether to participate in the arbitration process.
3. The request for the establishment of an arbitration panel shall identify the specific measure at issue and provide details of the factual and legal basis for the complaint, including the relevant provisions of this Agreement, to be addressed by the arbitration panel, sufficient to present the problem clearly.