2. Each Party shall notify to the other Party its existing export licensing procedures within 60 days after the date of entry into force of this Agreement. Each Party shall notify to the other Party any new export licensing procedure and any modification of existing export licensing procedures, within 60 days after the date of its publication. These notifications shall include the reference to the source where the information required pursuant to paragraph 3 is published and, if appropriate, the address of the relevant official website.
3. The publication of export licensing procedures shall include the following information:
(a) the texts of its export licensing procedures and any modification thereof;
(b) the goods subject to each export licensing procedure;
(c) for each procedure, a description of the process for applying for an export license and any criteria an applicant has to fulfil to be eligible to apply for an export license, such as possessing an activity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory;
(d) a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export license;
(e) the administrative body or bodies to which an application or other relevant documentation is to be submitted;
(f) a description of any measure or measures being implemented through the export licensing procedure;
(g) the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until it is withdrawn or revised in a new publication;
(h) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity, the opening and closing dates of the quota and, if applicable, the value of the quota; and
(i) any exemptions from or exceptions to the requirement to obtain an export license, how to request or use those exemptions or exceptions, and the criteria for granting them.
4. For greater certainty, nothing in this Article requires a Party to grant an export license, or prevents a Party from implementing its obligations or commitments under the United Nations Security Council Resolutions, as well as multilateral non-proliferation regimes and export control arrangements.
Article 2.12. Customs Valuation
The Parties affirm their rights and obligations under the Customs Valuation Agreement.
Article 2.13. Temporary Admission of Goods
1. Each Party shall grant temporary admission with total conditional relief from import duties, as provided for in its laws and regulations, for the following goods, regardless of their origin:
(a) goods intended for display or use at exhibitions, fairs, meetings, demonstrations or similar events;
(b) professional equipment, including equipment for the press or for sound or television broadcasting, software, cinematographic equipment, and any ancillary apparatus or accessories for such equipment, that is necessary for carrying out the business activity, trade or profession of a person visiting the territory of the Party to perform a specified task;
(c) containers, commercial samples, advertising films and recordings and other goods imported in connection with a commercial operation;
(d) goods imported for sports purposes;
(e) goods imported for humanitarian purposes; and
(f) animals imported for specific purposes.
2. Each Party may require that the goods benefiting from temporary admission in accordance with paragraph 1:
(a) are intended for re-exportation without having undergone any change except normal depreciation due to the use made of them;
(b) are used solely by or under the personal supervision of a national of the other Party in the exercise of the business activity, trade, profession or sport of that person of the other Party;
(c) are not sold or leased while in its territory;
(d) are accompanied by a security, if requested by the importing Party, in an amount no greater than the charges that would otherwise be owed on entry or final importation, releasable on exportation of the goods;
(e) can be identified when imported and exported;
(f) are re-exported within a specified period reasonably related to the purpose of the temporary admission; and
(g) are admitted in no greater quantity than is reasonable for their intended use.
3. Each Party shall permit goods temporarily admitted under this Article to be re-exported through any customs port or office other than the one through which they were admitted.
4. Each Party shall provide that the importer or other person responsible for goods admitted in accordance with this Article shall not be liable for failure to export the goods, within the period fixed for temporary admission, including any lawful extension, on presentation of satisfactory proof to the importing Party, in accordance with its customs legislation, that the goods were totally destroyed or irretrievably lost.
Article 2.14. Cooperation
1. Special provisions on administrative cooperation between the Parties in relation to preferential tariff treatment are set out in Annex 2-D (Special Provisions on Administrative Cooperation).
2. The Parties shall annually exchange import statistics starting one year after the entry into force of this Agreement, until the Committee on Trade in Goods decides otherwise. The exchange of import statistics shall cover data pertaining to the most recent year available, including value and volume, at the tariff line level for imports of goods of the other Party benefitting from preferential duty treatment under this Agreement and of those receiving non-preferential treatment.
Article 2.15. Committee on Trade In Goods
The Committee on Trade in Goods established by Article 1.10.1(a) (Sub-Committees and Other Bodies of Part III of this Agreement) shall:
(a) monitor the implementation and administration of this Chapter and its Annexes;
(b) promote trade in goods between the Parties, including through consultations on improving market access tariff treatment under this Agreement and other issues, as appropriate;
(c) provide a forum to discuss and resolve any issues related to this Chapter;
(d) promptly address barriers to trade in goods between the Parties, especially those related to the application of non-tariff measures and, if appropriate, referring such matters to the Joint Committee for its consideration;
(e) recommend to the Joint Committee any modification of or addition to this Chapter;
(f) coordinate the data exchange for preference utilisation or any other information exchange on trade in goods between the Parties that it may decide;
(g) review any future amendments of the Harmonized System to ensure that each Party's obligations under this Agreement are not altered, and consulting to resolve any related conflict;
(h) perform any other functions that the Joint Committee may assign to it.
Section B. Trade In Agricultural Goods
Article 2.16. Scope
This Section applies to measures adopted or maintained by a Party relating to trade in agricultural goods.
Article 2.17. Cooperation In Multilateral Fora
1. The Parties shall cooperate under the WTO to promote a universal, rules-based, open, non-discriminatory and equitable multilateral trading system, to advance agriculture negotiations, and to promote the establishment of any new disciplines facilitating trade in agricultural goods.
2. The Parties recognise that some export measures, such as export prohibitions, export restrictions or export taxes may have a detrimental effect on critical supplies of agricultural goods. In this respect, the Parties shall support the establishment of disciplines through an active participation in the relevant international fora.
Article 2.18. Export Competition
1. For the purposes of this Article:
(a) "export subsidies" means subsidies within the meaning of paragraph (e) of Article 1 of the Agreement on Agriculture; and
(b) "measures with equivalent effect" means export credits, export credit guarantees or insurance programmes, as well as other measures that have an equivalent effect to an export subsidy (11).
2. The Parties affirm their commitments in the Decision on Export Competition adopted on 19 December 2015 by the Ministerial Conference of the WTO in Nairobi to exercise utmost restraint with regard to any recourse to all forms of export subsidies and all export measures with equivalent effect and to enhance transparency and to improve monitoring in relation to all forms of export subsidies and all export measures with equivalent effect.
3. A Party shall not adopt or maintain any export subsidy on any agricultural good that is exported or incorporated in a good that is exported to the territory of the other Party.
4. A Party shall not maintain, introduce or reintroduce any other measure with equivalent effect on an agricultural good that is exported or incorporated in a good that is exported to the territory of the other Party, unless that measure with equivalent effect complies with the terms and conditions determined in the relevant WTO Agreement, decision or commitment.
5. With the aim of enhancing transparency and improving monitoring in relation to export subsidies and other measures with equivalent effect, a Party which has a reasonable doubt about an export subsidy or other measure with equivalent effect applied by the other Party on an agricultural good destined for export to the former Party, may require the necessary information on the measures applied from the other Party. The information required shall be provided without delay.
Article 2.19. Administration of Tariff Rate Quotas
1. A Party applying tariff rate quotas in accordance with Annex 2-A (Tariff Elimination Schedule), shall:
(a) administer those tariff rate quotas in a timely manner and in a transparent, objective and non-discriminatory way in accordance with its law; and
(b) make publicly available in a timely and continuous manner all relevant information concerning quota administration, including the volume available, utilisation rates and eligibility criteria.
2. The Parties shall consult regarding any matter related to the administration of the tariff rate quotas. For that purpose, each Party shall designate a contact point to facilitate communication between the Parties and notify the other Party of its contact details. The Parties shall promptly notify each other of any changes to those contact details.
Article 2.20. Sub-Committee on Agriculture
1. The Sub-Committee on Agriculture established by Article 1.10.1(b) (Sub-Committees and Other Bodies of Part III of this Agreement) shall:
(a) monitor the implementation and administration of this Section, and promote cooperation in order to facilitate trade in agricultural goods between the Parties;
(b) provide a forum for the Parties to discuss developments in their agricultural programs and trade in agricultural goods between the Parties;
(c) address barriers, including non-tariff barriers, to trade in agricultural goods between the Parties;
(d) evaluate the impact of this Chapter on the agricultural sector of each Party, as well as the operation of the instruments of this Chapter, and recommend any appropriate action to the Committee on Trade in Goods;
(e) provide a forum to consult on matters related to this Section in coordination with other relevant committees, working groups or any other specialised body under this Agreement;
(f) undertake any other functions that the Committee on Trade in Goods may assign to it; and
(g) report the results of its work under this paragraph to the Committee on Trade in Goods for its consideration.
3. The Sub-Committee on Agriculture shall meet at least once a year, unless otherwise agreed.
4. When special circumstances arise, on request of a Party, the Sub-Committee on Agriculture shall meet, by agreement of the Parties, no later than 30 days after the date of such request.
Section C. Trade In Wine and Spirits
Article 2.21. Scope
This Section applies to wine products (12) and spirits classified under headings 2204, 2205 and 2208 of the Harmonized System.
Article 2.22. Oenological Practices
1. The European Union shall authorise the importation and marketing in its territory for human consumption of wine originating in Mexico and produced in compliance with:
(a) product definitions authorised in Mexico by the laws and regulations referred to in Part A of Annex 2-E (Relevant Measures on Wine Products and Spirits); and
(b) oenological practices authorised and restrictions applied in Mexico pursuant to the laws and regulations referred to in Part A of Annex 2-E (Relevant Measures on Wine Products and Spirits) or otherwise approved for use in wines for export by the competent authority of Mexico, in so far as they are recommended and published by the International Organisation of the Vine and Wine (hereafter referred to as "OIV").
The authorisation of this paragraph is subject to the requirement that no alcohol or spirits are added to the wines with the exception of liquor wines to which alcohol of vine origin or grape spirit may be added. This subparagraph is without prejudice to the possibility of adding alcohol different from alcohol of vine origin in the production of "vino generoso", provided that such an addition is clearly displayed on the label.
2. Mexico shall authorise the importation and marketing in its territory for human consumption of wine originating in the European Union and produced in compliance with:
(a) product definitions authorised in the European Union by the laws and regulations referred to in Part B of Annex 2-E (Relevant Measures on Wine Products and Spirits);
(b) oenological practices authorized and restrictions applied in the European Union pursuant to the laws and regulations referred to in Part B of Annex 2-E (Relevant Measures on Wine Products and Spirits); and
(c) the fact that the addition of alcohol or spirits is excluded for all wines other than liqueur wines to which only alcohol of vine origin or grape spirit may be added.
3. Vine varieties that may be used in wines imported from a Party and marketed in the territory of the other Party are varieties of plants of the "vitis vinifera" and hybrids thereof, without prejudice to any more restrictive laws and regulations which a Party may have in respect of wine produced in its territory.
4. The Joint Council may modify Parts A and B of Annex 2-E (Relevant Measures on Wine Products and Spirits) for adding, deleting or updating the references to product definitions, and oenological practices and restrictions.
Article 2.23. Labelling of Wine Products and Spirits
1. A Party shall not require any of the following dates or their equivalent to be displayed on the container, label, or packaging of wine products or spirits:
(a) date of packaging;
(b) date of bottling;
(c) date of production or manufacture;
(d) date of expiration, "use by" date, "use or consume by" date, "expire by" date;
(e) date of minimum durability, "best-by" date, "best quality before" date; or
(f) "sell-by" date.
A Party may require the display of a date of minimum durability in case of the addition of perishable ingredients or in case of a durability considered by the producer of less than or equal to 12 months.
2. A Party shall not require translations of trademarks, brand names or geographical indications to be displayed on containers, labels, or packaging of wine products or spirits.
3. A Party shall permit mandatory information, including translations, to be displayed on a supplementary label affixed to a container of wine products or spirits. Supplementary labels may be affixed to imported container of wine or spirit after importation but prior to offering the product for sale in the Party's territory, provided that the mandatory information of the original label is fully and accurately reflected.
4. A Party shall permit the use of identification lot codes provided that those codes are preserved from deletion.
5. A Party shall not apply a labelling measure to wine products and spirits that were marketed in the territory of that Party prior to the date on which the measure entered into force, except under exceptional circumstances.
6. A Party shall permit the use of drawings, figures, illustrations and claims or legends on bottles provided that they do not replace mandatory labelling information and do not mislead the consumer as to the real characteristics and composition of the wines products and spirits.
7. A Party shall not require that labels of wine products or spirits display allergen labelling with regard to allergens which have been used in the production and preparation of the wine products or spirit and which are not present in the final product.
8. For trade in wine between the Parties, wine originating in the European Union may be labelled in Mexico with an indication of the product type as specified in Part C (Labelling of Wines) of Annex 2-E (Relevant Measures on Wine Products and Spirits).
9. Each Party shall protect the following names with regard to wine products and spirits, in conformity with the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883 (hereinafter referred to as "the Paris Convention"):
(a) the name of a Member State; and
(b) the name of the United Mexican States or Mexico and its States.
10. A Party shall permit labels of wine products or spirits to express the alcoholic content by volume in the following acronyms:
(a) "% Alc. Vol.";
(b) "% Alc Vol.";
(c) "% alc. vol.";
(d) "% alc vol.";
(e) "% Alc.";
(f) "% Alc./Vol.";
(g) "Alc( )%vol.";
(h) "% alc/vol";
(i) "alc( )%vol".
Article 2.24. Certification of Wine Products and Spirits
1. A Party may require, for wine products imported from the other Party and placed on its market, only the documentation and certification set out in Part D (Documentation and Certification) of Annex 2-E (Relevant Measures on Wine Products and Spirits).
2. A Party shall not submit the import of wine products produced in the territory of the other Party to more restrictive import certification requirements than those laid down in this Agreement.
3. Each Party may apply its laws and regulations in order to identify adulterated or contaminated products after their final importation.
4. In case of a dispute, each Party shall recognise as reference methods, the methods of analysis complying with the standards recommended by international organisations such as the International Organization for Standardization (ISO) or, in case those methods do not exist, the methods of the OIV.
5. Each Party shall authorise the importation in its territory of spirits in accordance with the rules governing import documentation or certification and analysis reports as provided for in its laws and regulations.
6. The European Union shall require for the importation of Tequila and Mezcal into the European Union the presentation to its customs authorities of an export authenticity certificate of those products issued by the conformity assessment bodies accredited and approved by the Mexican authorities. (13) Mexico shall provide models of the export authenticity certificate of Tequila and Mezcal and notify any changes related to those certificates to the Sub-Committee on Trade in Wines and Spirits.
7. A Party may introduce temporary additional import certification requirements for wines products and spirits imported from the other Party in response to legitimate public policy concerns, such as health or consumer protection, or in order to act against fraud. In such case, the Party shall provide to the other Party adequate information and sufficient time to permit the fulfilment of the additional requirements.
Such requirements shall not extend beyond the period of time necessary to respond to the particular public policy concern or risk of fraud in response to which they were introduced.
8. The Joint Council may modify Part D (Documentation and Certification) of Annex 2-E (Relevant Measures on Wine Products and Spirits) with regard to the documentation and certification referred to in paragraph 1.
Article 2.25. Applicable Rules
Unless otherwise provided for in this Agreement, importation and marketing of products covered by this Section, traded between the Parties, shall be conducted in compliance with the laws and regulations applying in the territory of the Party of importation.
Article 2.26. Transitional Measures
Products which, at the date of entry into force of this Agreement, have been produced and labelled in accordance with the laws and regulations of a Party and the existing agreements between the Parties, but do not comply with this Section may be marketed in the importing Party under the following conditions:
(a) by wholesalers or producers, for a period of two years; or
(b) by retailers, until stocks are exhausted.
Article 2.27. Notifications
Each Party shall ensure timely notification to the other Party of any amendments to laws and regulations on matters covered by this Section that have an impact on products traded between them.
Article 2.28. Cooperation on Trade In Wines and Spirits
1. The Parties shall cooperate on and address matters related to trade in wines and spirits, in particular:
(a) product definitions, certification and labelling; and
(b) the use of grape varieties in winemaking and labelling thereof.
2. To facilitate mutual assistance between the enforcement authorities of the Parties, each Party shall designate the competent authorities and bodies responsible for the implementation and application of matters covered by this Section. If a Party designates more than one competent authority or body, it shall ensure coordination between those authorities and bodies. In that case, a Party shall also designate a single liaison authority that should serve as the single contact point for the authority or body of the other Party.
3. The Parties shall inform each other of the names and addresses of the competent authorities and bodies referred to in paragraph 2, and any changes thereto, no later than six months after the date of entry into force of this Agreement.
4. The authorities and bodies referred to in this Article shall closely cooperate and seek ways for further improving assistance with each other in the application of this Section, in particular in order to combat fraudulent practices.
Article 2.29. Sub-Committee on Trade In Wines and Spirits
1. The Sub-Committee on Trade in Wines and Spirits established by Article 1.10.1(c) (Sub-Committees and Other Bodies of Part III of this Agreement) shall:
(a) monitor the implementation and administration of this Section;
(b) provide a forum for cooperation on matters relating to this Section and exchange of information; and