A Party shall not require that an enterprise of that Party, that is also a covered investment, appoint. Appellate Tribunal and may make recommendations to the CETA Joint Committee. Twenty-Four (Trade and Environment), the Parties aim to: (a) promote sustainable development through the enhanced coordination and integration of their. Each Party shall provide for applications to suspend the release of, or to detain, goods, suspected of infringing an intellectual property right listed in Article 20.43, under customs control in its territory. Each Party may provide other limited exceptions, provided that these exceptions take account of the legitimate interests of the owner of the trademark and of third parties. reservations as set out in its Schedule to Annex I or II. 1. (iii) enhance the efficacy of regulations; (v) recognise the associated impacts of regulations; (vi) avoid unnecessary regulatory differences; and. In this chapter the EU and Canada agree not to intervene in or potentially distort the level playing field for private companies. A Party shall not adopt or maintain, on the basis of its entire territory or on the basis of the territory. 1. (c) the reception or delivery and safekeeping of cargo before shipment or after discharge, by stevedoring or terminal operator companies, but does not include work performed by dock. If the tender documentation is not made publicly available from the date of publication of the. keep their number when switching providers and, receive telecommunications services in remote areas, abusive behaviour by companies with a dominant market position, the value of the goods, services, or contract involved, the goods and services that are allowed (in the appendix), protects each side's right to regulate on environmental matters, requires each side to enforce its domestic environmental laws. And it establishes a mechanism for ensuring both sides put the chapter's provisions into practice (enforcement mechanism). Further to paragraph 4, the importing Party shall make its lists of authorised establishments or, 6. international agreement does not establish a breach of this Article. In order to provide the adequate legal protection and effective legal remedies referred to in. The Parties shall promote closer cooperation between the standardisation bodies located, within their respective territories with a view to facilitating, among other things, the exchange of information about their respective activities, as well as the harmonisation of standards based on mutual interest and reciprocity, according to modalities to be agreed by the standardisation bodies, 3. Disclaimer: The text of the EU-Vietnam trade agreement presented in this webpage is the text at the end of the negotiation conducted by the European Commission and is made public solely for information purposes. respect to a decision on the granting of an authorisation in the public interest is not inconsistent with subparagraph 2(c), provided that it is exercised consistently with the object of the applicable statute and not in an arbitrary manner, and that its exercise is not otherwise inconsistent with this Agreement. Further to Article 28.3 (General exceptions), and notwithstanding paragraph 3, a Party shall, (a) the security and confidentiality of public telecommunications transport services; and. Chapter Twelve (Domestic Regulation) is incorporated into and made a part of this Chapter. For the purposes of Chapters Nine (Cross-Border Trade in Services), Ten (Temporary Entry. Notwithstanding Articles 20.19.2 and 20.19.3, the protection of the geographical indications. 2. 4. Member States of the European Union and in all or some provinces and territories of Canada. 2. A Party shall not, through a sustained or recurring course of action or inaction, fail to. Notwithstanding subparagraph 2(b), a Party need not provide compensatory adjustments if: (a) the modification in question is negligible in its effect; or, (b) the modification covers an entity over which the Party has effectively eliminated its control or. In these discussions, the Parties shall take into account the final report. normally on an annual basis. authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement. 1. financial resources of the Party, including its public entities, except that this Chapter applies to the extent that a Party allows activities or services referred to in. Pursuant to paragraph 1, the importing Party shall undertake, without undue delay, the. 3. In case of a disagreement on equivalence, the arbitration panel shall be reconvened by the responding Party. A natural person who is a citizen of Canada and has the nationality of one of the Member States of. The Parties share the objective of working jointly to reach an agreement: (a) to further enhance multilateral disciplines and rules on agricultural trade in the WTO; and. are invested or reinvested does not affect their qualification as investment; investor means a Party, a natural person or an enterprise of a Party, other than a branch or a. representative office, that seeks to make, is making or has made an investment in the territory of the other Party; For the purposes of this definition, an enterprise of a Party is: (a) an enterprise that is constituted or organised under the laws of that Party and has substantial, business activities in the territory of that Party; or, (b) an enterprise that is constituted or organised under the laws of that Party and is directly or. 1. Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties. If an application is considered incomplete, a Party's competent authority shall, within a. reasonable period of time, inform the applicant, identify the additional information required to complete the application, and provide the applicant an opportunity to correct deficiencies. request in the course of, and for, a particular contract for research, experiment, study or original development. 5. They must be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to the matter in issue. Further to Chapter Twenty-Seven (Transparency), and recognising the importance to the. facilities, fuel distribution systems, or intra-airport transport systems; ICSID means the International Centre for Settlement of Investment Disputes; ICSID Additional Facility Rules means the Rules Governing the Additional Facility for the. 4. for participation in that list, and that the procuring entity intends to use more than once; notice of intended procurement means a notice published by a procuring entity inviting interested. Subject to paragraph 3, a disputing party shall recognise and comply with an award without. 5. Each Party shall endeavour to provide the information necessary to avoid a disruption to trade and, as the case may be, to reach a mutually acceptable solution. 2. respect to a government in Canada other than at the federal level, or, with respect to a government of or in a Member State of the European Union, the treatment accorded, in like situations, by that government in its territory to services or service suppliers of a third country. 3. Each Party shall ensure that the processing of an authorisation application, including reaching. If a Party does not agree with a request from the other Party to establish a technical working group, it shall, on request, explain the reasons for its decision. For greater certainty, if a claim has been submitted pursuant to Article 8.23.2(a), a final award. has been made through fraudulent misrepresentation, concealment, corruption, or conduct amounting to an abuse of process. If the Parties reach a mutually agreed solution to the matter following the establishment of a. and procedures provided for in this Chapter. Dispute settlement procedure under this Chapter shall be governed by the rules of procedure for. This chapter also explains the procedures both sides must follow to resolve a formal dispute. Recognition under an MRA cannot be conditioned upon: (a) a service supplier meeting a citizenship or any form of residency requirement; or, (b) a service supplier's education, experience or training having been acquired in the Party's own. The term "Members" in the incorporated provisions shall have the same meaning in this. and interest or other fees and payments in kind; selling and marketing of air transport services means opportunities for the air carrier concerned. they do not affect the mutually agreed coverage provided for in this Agreement: (a) a change in the name of an entity; (b) a merger of two or more entities listed within an Annex; and, (c) the separation of an entity listed in an Annex into two or more entities that are all added to the, 6. 6. 1985, (b) for the European Union, information within the scope of Article 28 of Council, Regulation (EC) No. (c) A joint determination by the Parties pursuant to subparagraph (a) shall be binding on the, (d) Each Party shall ensure that its delegation for the consultations to be conducted pursuant, to subparagraph (a) shall include persons with relevant expertise on the issues covered. territory of the Party, in accordance with Article 10.6.2 (Obligations in other chapters). 3. A Party that has prepared a technical regulation that it considers to be equivalent to a. technical regulation of the other Party having compatible objective and product scope may request that the other Party recognise the technical regulation as equivalent. The program compensates for concessions made under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), in addition to a $250 million on-farm funding program for improvements, triggered by CETA. in the appropriate medium listed in Annex 19-8. When providing information under this Chapter, a Party is not required to disclose, for audio-visual services and cultural industries, Nothing in this Agreement applies to subsidies or government support with respect to audio-visual. This Agreement does not affect the rights and obligations of a Party under a tax convention. benefits in the financial services sector. A Party shall ensure that the measures referred to in Article 17.2.2 apply to the Parties to the, (a) in Canada, the Competition Act, R.S.C. Party shall make the final report publicly available within 30 days of its delivery. The CETA Joint Committee may, by decision, add other categories of intellectual property to this definition; investment means every kind of asset that an investor owns or controls, directly or indirectly, that. A Party may reconvene the arbitration panel by providing a written request to the arbitration. The arbitration panel shall notify its ruling to the Parties and to the CETA Joint, (a) within 90 days of the request to reconvene the arbitration panel, in case of a disagreement, (b) within 30 days of the request to reconvene the arbitration panel, in case of a disagreement on, (c) within 120 days of the first request to reconvene the arbitration panel, in case of a. disagreement on both compliance and equivalence. Twenty-Four (Trade and Environment) are to be considered in the context of this Agreement. 9. The intention of this provision is that this Agreement does not require a Party to mandate interoperability in its law: there is no obligation for the information communication technology industry to design devices, products, components, or services to correspond to certain technological measures. Under CETA, the provisions of the SPS chapter replace the Veterinary Agreement, but the work that took place under the agreement continues. This chapter explains the terms used in the agreement. Each Party shall determine safety and efficacy requirements before authorising the placing on. 2. 5. made pursuant to paragraph 3, and, if no such determination has been communicated to the investor, on the basis of the application of paragraph 4. Each Party shall accord in its territory to covered investments of the other Party and to. 2. Without prejudice to other means of prudential regulation of cross-border trade in financial. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method; supplier means a person or group of persons that provides or could provide goods or services; and. enforceable through the procedures for the resolution of disputes provided in Article 23.10. both bilaterally and multilaterally. 4. This chapter excludes some areas of regulation, such as water distribution or other public services. A Party shall normally accept a consignment of a regulated commodity without pre-clearance. 4. (c) the address from which documents relating to the procurement may be requested. The Parties recognise that it may be necessary to clarify and agree on the scope of a specific request, and that confidential information may be withheld. (d) encouraging enhanced cooperation on science, technology, research and innovation issues. 1. directly or indirectly, the requirements in subparagraphs 1(f) and (g) apply both to the investor and the locally established enterprise. 1. In the event that the investor has not submitted a claim pursuant to Article 8.23 within 18. months of submitting the request for consultations, the investor is deemed to have withdrawn its request for consultations and, if applicable, its notice requesting a determination of the respondent, and shall not submit a claim under this Section with respect to the same measures. 1. service may be supplied and may require authorisation for the supply of the service. Both sides will ensure that state-owned enterprises, monopolies, and enterprises granted special rights will not discriminate against goods, services, or investments from the other party. 1. The length of stay of contractual services supplier or independent professionals is for a. cumulative period of not more than 12 months, with extensions possible at the discretion of the Party, in any 24 month period or for the duration of the contract, whichever is less. The notice of planned procurement should include the subject-matter of the procurement and the. 2. request for consultations pursuant to paragraph 4. 5. This Chapter applies to a measure adopted or maintained by a Party relating to the supply of. period which elapsed between the date on which the application for the basic patent was filed and the date of the first marketing authorisation, reduced by a period of five years. Article 13.10.1 shall apply to such measures with respect to the performance requirement disciplines negotiated pursuant to paragraph 1, or, Article 8.5 (Performance requirements) as incorporated into this Chapter pursuant to paragraph 2, as. improving health, safety and environmental protection; (o) conducting post-implementation reviews of regulations or policies; (p) comparing methods and assumptions used in those post-implementation reviews; (q) when applicable, making available to each other summaries of the results of those, (r) identifying the appropriate approach to reduce adverse effects of existing regulatory, differences on bilateral trade and investment in sectors identified by a Party, including, when appropriate, through greater convergence, mutual recognition, minimising the use of trade and investment distorting regulatory instruments, and the use of international standards, including standards and guides for conformity assessment; or, (s) exchanging information, expertise and experience in the field of animal welfare in order to. For any matter that is not satisfactorily addressed through consultations under Article 24.14, a. Where the restrictions are adopted or maintained under this Article, consultations between the. The eligibility for the limitations or exceptions referred to in this Article may not be. Unless a procuring entity determines that it is not in the public interest to award a contract, the, entity shall award the contract to the supplier that the entity has determined to be capable of. At the request of the respondent, the Tribunal shall decide as a preliminary matter whether. In the case of trade in services, a Party may adopt restrictive measures in order to safeguard. Each Party shall reduce or eliminate customs duties on goods originating in either Party in. For the purposes of this Agreement, unless otherwise specified: (a) for Canada, a natural person who is a citizen of Canada under Canadian legislation; (b) for the EU Party, a natural person holding the nationality of a Member State; and, (a) for Canada, the Government of Canada; and. (a) protect human, animal and plant life or health while facilitating trade; (b) ensure that the Parties' sanitary and phytosanitary ("SPS") measures do not create unjustified. requirements) and 9.2 (Scope) but not Article 9.2.2(d), are incorporated into and made part of this Chapter and apply to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of: (ii) contractual services suppliers, and independent professionals for all sectors listed in, (b) Article 9.5 (Most-favoured-nation treatment), subject to Articles 9.4 (Formal requirements), and 9.2 (Scope) but not Article 9.2.2(d), is incorporated into and made part of this Chapter. the Tribunal, Canada or the European Union as the case may be shall make publicly available in a timely manner relevant documents pursuant to paragraph 2, subject to the redaction of confidential or protected information. The fees referred to in paragraph 12 shall be paid equally by both Parties into an account. In case of a disagreement on compliance, the arbitration panel shall be reconvened by the requesting Party. 3. The CETA. Consultations must commence promptly after a Party delivers a request for consultations. The obligations set forth in paragraphs 2 and 3 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under the law of a Party. 139/2004, of 20 January 2004 on the control of concentrations between undertakings, and their implementing regulations or amendments; and. maintain a measure that allocates and assigns spectrum and that manages frequencies. Consultations are confidential and without prejudice to the rights of the Parties in proceedings, 7. The Members of the Tribunal shall ensure that they are available and able to perform the, 12. An interpretation adopted by the CETA Joint Committee shall be binding on the Tribunal established under this Section. Each Party shall ensure that, in the case of an alleged infringement of an intellectual property right. The functions of the Committee on Trade in Goods established under Article 26.2.1 (a), (a) promoting trade in goods between the Parties, including through consultations on accelerating. from, its environmental law, to encourage trade or the establishment, acquisition, expansion or retention of an investment in its territory. Each Party, in its simplified procedures, may require the submission of more extensive. losses), 8.12 (Expropriation), 8.13 (Transfers), 8.14 (Subrogation), 8.16 (Denial of benefits), and 8.17 (Formal requirements) are incorporated into and made a part of this Chapter. Claims under subparagraph 1(a) with respect to the expansion of a covered investment may be. If, following the submission of a claim under this Section, the investor fails to take any steps in the. Articles 8.10 (Treatment of investors and of covered investments), 8.11 (Compensation for. 4. 5. The creation or existence of a specialised committee does not prevent a Party from bringing any matter directly to the CETA Joint Committee. The Committee on Government Procurement shall meet, upon request of a Party, to: (a) consider issues regarding public procurement that are referred to it by a Party; (b) exchange information relating to the public procurement opportunities in each Party; (c) discuss any other matters related to the operation of this Chapter; and, (d) consider the promotion of coordinated activities to facilitate access for suppliers to, procurement opportunities in the territory of each Party. The Committee on Trade and Sustainable Development established under. the fees and expenses of the Members of the Tribunal on a division constituted to hear a claim, other than the fees referred to in paragraph 12, shall be those determined pursuant to Regulation 14(1) of the Administrative and Financial Regulations of the ICSID Convention in force on the date of the submission of the claim and allocated by the Tribunal among the disputing parties in accordance with Article 8.39.5. the physical security of investors and covered investments. 6. Both the EU and Canada commit to treating the goods they import from each other no less favourably than goods made domestically. To this end, if a Party expresses an interest in developing a technical regulation equivalent or similar in scope to one that exists in or is being prepared by the other Party, that other Party shall, on request, provide to the Party, to the extent practicable, the relevant information, studies and data upon which it has relied in the preparation of its technical regulation, whether adopted or being developed. The Chair of the CETA Joint Committee, or the Chair's delegate, shall select the arbitrators as. The Parties underline the benefit of considering trade-related labour and environmental issues, as part of a global approach to trade and sustainable development. this Agreement that are covered by Section B of Canada's Schedule to Annex III, or by the Schedule to Annex II of the European Union and that require, directly or indirectly, an investor of the other Party, by reason of nationality, to sell or otherwise dispose of an investment existing at the time the measure or series of measures became effective. Seventeen (Competition Policy), the obligation contained in paragraph 1 does not apply: (a) in the case of a monopoly, to the fulfilment of the purpose for which the monopoly has been. The Committee on Trade and Sustainable Development shall ensure that the list is always maintained at this level. exceeds the relevant threshold specified in a Party's Annexes to its Market Access Schedule for this Chapter, at the time of publication of a notice in accordance with Article 19.6; (e) that is not otherwise excluded from coverage in paragraph 3 or a Party's Annexes to its, 3. Articles 8.4 through 8.8 do not apply to a measure that a Party adopts or maintains with. Each Party shall maintain appropriate measures to prevent suppliers that, alone or together. to dispute settlement under the WTO Agreement or under any other agreement to which the Parties are party. The Committee on Services and Investment, established under Article 26.2.1(b) (Specialised committees), may develop recommendations in this regard and submit them to the CETA Joint Committee for decision. Each Party shall publish or otherwise make available information on fees and charges imposed by a. customs administration of that Party, including through electronic means. In order to ascertain whether the measure breaches this Article, the Tribunal must consider whether a Party has acted inconsistently with the obligations in paragraph 1. For the purposes of civil proceedings involving copyright or related rights, it is sufficient for. The Committee on Trade and Sustainable Development shall convene promptly and endeavour to resolve the matter. The Tribunal shall, at the request of the respondent, and after notice to the disputing parties, in an order take note of the discontinuance. In certain service industries the EU and Canada have made exceptions because, for example, the sectors in question - such as audio-visual services, certain aviation services - are sensitive. Paragraph 2 does not prevent a Party from conditioning the receipt or continued receipt of an. 1. They agree to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce under the provisions of this Chapter. The other Party shall give sympathetic consideration to the request. The Committee on Trade and Sustainable Development shall monitor the follow-up to the final report and the recommendations of the Panel of Experts. Each Party shall ensure that licensing requirements, qualification requirements, licensing. Canada shall submit notifications under this Article to the General Secretariat of the Council. a new interconnection agreement with other suppliers of public telecommunications transport networks and services. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence. If the act of accession to the European Union does not provide for the automatic accession of the European Union Member State to this Agreement, the European Union Member State concerned shall accede to this Agreement by depositing an act of accession to this Agreement with the General Secretariat of the Council of the European Union and the Department of Foreign Affairs, Trade and Development of Canada, or their respective successors. In this regard, through the implementation of Chapters Twenty-Three (Trade and Labour) and. Unless the Parties decide otherwise, the Joint Management Committee shall meet and. requirements, or qualification procedures: (a) pursuant to an existing non-conforming measure maintained by a Party as set out in its. Each Party shall ensure that its tribunals are impartial and independent of the office or authority entrusted with administrative enforcement and that they do not have any substantial interest in the outcome of the matter. At the request of a Party, or upon a reference from the relevant specialised committee, or when preparing a discussion in the CETA Joint Committee, the Committee on Trade in Goods may also address matters arising in the area of rules of origin, origin procedures, customs and trade facilitation and border measures, sanitary and phytosanitary measures, government procurement, or regulatory cooperation, if this facilitates the resolution of a matter that cannot otherwise be resolved by the relevant specialised committee. transparency, non-discrimination, and procedural fairness. 5. And it gives the option of using an independent mediator to oversee the process. out in the reservation is covered by this Chapter. The rules ensure that both parties have the full freedom of choice in the way they provide public services to their citizens. Exhibits shall be included in the list of documents to be made available to the public under. 2. Due attention shall be paid to ensuring that proposed panellists meet the requirements set out in paragraph 7 and have the expertise appropriate to the particular matter. For enquiries, please contact us. out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or amended or re-issued notice or tender documentation: (a) to all suppliers that are participating at the time of the modification, amendment or, re-issuance, if such suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and, (b) in adequate time to allow such suppliers to modify and re-submit amended tenders, as, 1. jurisdiction means the territory of Canada, and each of its provinces and territories, or the territory. (b) subsidies, or government support relating to trade in services, provided by a Party. CETA Joint Committee of its intention to do so, including the level of obligations it intends to suspend. alternative or substitute goods or services exist for any of the following reasons: (i) the requirement is for a work of art; (ii) the protection of patents, copyrights or other exclusive rights; or.
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