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1669 OF 2013
(June July 16)
Official Journal No. 48,853 of 16 July 2013
CONGRESS OF THE REPUBLIC
By means of which the "Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part", signed in Brussels, Belgium, on 26 June 2012, is hereby approved.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part", signed in Brussels, Belgium, on 26 June 2012, which reads:
(To be transcribed: A copy of the full text of the Convention mentioned on a compact disc (CD), certified by the Coordinadora of the Working Party of Treaties of the International Legal Affairs Directorate of the Ministry of Foreign relations, a document that is based on the files of that Ministry.)
BILL NUMBER ...
by means of which the "Trade Agreement between Colombia and Peru, on the one hand, and the European Union and its Member States, on the other," approved, signed in Brussels, Belgium, on June 26, 2012.
The Congress of the Republic
Having regard to the text of the "Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part", signed in Brussels, Belgium, on 26 June 2012, which reads:
(To be transcribed: A copy of the full text of the Convention mentioned on a compact disc (CD), certified by the Coordinadora of the Working Party of Treaties of the International Legal Affairs Directorate of the Ministry of Foreign relations, a document that is based on the files of that Ministry.)
COLOMBIA-PERU TRADE AGREEMENT, FOR ONE PART,
AND THE EUROPEAN UNION AND ITS MEMBER STATES, BY OTRA
THE REPUBLIC OF COLOMBIA (HEREINAFTER, "COLOMBIA"), AND THE REPUBLIC OF PERU (HEREINAFTER, "PERU").
hereinafter referred to as the "Signatory Andean Countries", on the one hand, and
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CHECA REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELENICA REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as ' the Member States of the European Union
,and
THE EUROPEAN UNION,
on the other hand,
CONSIDERING the importance of the historical and cultural ties and the bonds of friendship and special cooperation between the European Union and its Member States and the signatory Andean Countries, and its desire to promote economic integration between the Parties;
DETERMINED to strengthen their ties on the basis of the existing mechanisms governing relations between the European Union and its Member States and the signatory Andean Countries;
REAFFIRMING their commitment to the United Nations Charter and the Universal Declaration of Human Rights;
CONTRIBUTING to the harmonious development and expansion of global and regional trade, as well as providing a catalyst for international cooperation;
WISHING to promote comprehensive economic development in order to reduce poverty and create new employment opportunities and better working conditions, as well as to raise living standards in their respective territories through liberalization and expansion of trade and investment between their territories;
COMMITTED to implementing this Agreement in a manner consistent with the objective of sustainable development, including the promotion of economic progress, respect for labour rights and the protection of the environment, in accordance with the international commitments undertaken by the Parties;
DEVELOPING their respective rights and obligations set out in the Marrakesh Agreement establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement");
DETERMINED to eliminate distortions in their reciprocal trade and to avoid creating unnecessary obstacles to trade;
DETERMINED to establish clear and mutually advantageous rules governing trade and to encourage trade and investment between them as well as to promote a permanent dialogue between them on these matters;
WISHING to stimulate the competitiveness of their companies in international markets by providing them with a predictable legal framework for their business relationships and investments;
CONSIDERING differences in levels of economic and social development between the signatory Andean Countries and the European Union and its Member States;
AFFIRMING their rights to use, at most, the flexibilities provided for in the multilateral framework for the protection of the public interest;
RECOGNISING that the signatory Andean Countries are Members of the Andean Community, and that Decision 598 of the Andean Community requires that when its Member Countries negotiate trade agreements with third countries, the order is preserved. Andean legal status in the reciprocal relations between the Member Countries of the Andean Community;
RECOGNISING the importance of the respective regional integration processes of the European Union, and of the signatory Andean countries within the framework of the Andean Community;
HAVE AGREED to the following:
INITIAL provisions.
ESSENTIALS.
The respect for democratic principles and fundamental human rights set out in the Universal Declaration of Human Rights, as well as the principles underpinning the rule of law, inspires internal policies and of the Parties. Compliance with these principles is an essential element of this Agreement.
ARTICLE 2. DISARMAMENT AND NON-PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
1. The Parties consider that the proliferation of weapons of mass destruction and their delivery systems, both to States and non-state actors, represents one of the most serious threats to international stability and security.
2. Therefore, the Parties agree to cooperate and contribute to countering the proliferation of weapons of mass destruction and their delivery systems, through the full implementation and national implementation of their existing obligations under the agreements, treaties and other international obligations on disarmament and non-proliferation.
3. By cooperating to contribute to the objective of disarmament and non-proliferation of weapons of mass destruction, the Parties agree to work together to achieve the universalization and implementation of the treaties in these areas.
4. The Parties agree that paragraphs 1 and 2 of this Article constitute an essential element of this Agreement.
GENERAL PROVISIONS.
ARTICLE 3. ESTABLISHMENT OF A FREE TRADE AREA
The Parties establish a free trade area, in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter "GATT 1994") and Article V of the General Agreement on Trade in Services (in forward, "AGCS").
The objectives of this Agreement are:
(a) the progressive and gradual liberalisation of trade in goods, in accordance with the provisions of Article XXIV of the GATT 1994;
(b) the facilitation of trade in goods by, in particular, the application of the agreed provisions on customs and trade facilitation, standards, technical regulations and conformity assessment procedures, and sanitary and phytosanitary measures;
(c) the progressive liberalisation of trade in services, in accordance with Article V of the GATS;
(d) the development of a climate conducive to a growing flow of investments and in particular, the improvement of the conditions of establishment between the Parties under the principle of non-discrimination;
(e) facilitating trade and investment between the Parties by liberalizing current payments and capital movements related to direct investment;
(f) the effective and reciprocal opening of the public procurement markets of the Parties;
(g) adequate and effective protection of intellectual property rights, in accordance with international standards that are in force between the Parties, in such a way as to ensure the balance between the rights of rightholders of intellectual property and the public interest;
(h) the development of economic activities, in particular as regards relations between the Parties, in accordance with the principle of free competition;
(i) the establishment of an expeditious, effective and predictable dispute settlement mechanism;
(j) promote international trade so that it contributes to the objective of sustainable development and work to integrate and reflect this objective in the trade relations of the Parties; and
(k) ensure that cooperation for technical assistance and the strengthening of the commercial capabilities of the Parties contribute to the implementation of this Agreement and to the optimal use of the opportunities offered by it, in accordance with the existing legal and institutional framework.
ARTICLE 5. RELATED TO THE WTO AGREEMENT
Parties affirm the rights and obligations existing between them under the WTO Agreement.
1. For the purposes of this Agreement:
-"Party" means the European Union or its Member States or the European Union and its Member States within the framework of their respective fields of competence arising from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter 'the EU Party'), or each of the signatory Andean Countries;
-"Parties" means, on the one hand, the EU Party and, on the other hand, each of the signatory Andean Countries.
2. Where this Agreement provides for specific and individual obligations in respect of a Member State of the European Union or a signatory Andean Country, this Agreement shall refer to that country or specific countries as appropriate.
3. In accordance with Article 7, for the Signatory Andean Countries the terms "other Party" or "the other Parties" means the EU Party, when such terms are used in this Agreement.
ARTICLE 7. COMMERCIAL AND ECONOMIC RELATIONS COVERED BY THIS AGREEMENT.
1. The provisions of this Agreement apply to bilateral trade and economic relations between, on the one hand, each individual Andean country and on the other, the EU Party; but not to trade and economic relations between the countries of the Andean Community. Individual Signatories1.
2. The rights and obligations established between the Parties to this Agreement shall not affect the rights and obligations existing between the signatory Andean Countries as member countries of the Andean Community.
ARTICLE 8. COMPLIANCE WITH OBLIGATIONS
1. Each Party is responsible for the observance of all the provisions of this Agreement and shall take any measures necessary to comply with its obligations under it, including its observance by governments and authorities. central, regional or local, as well as non-governmental institutions in the exercise of powers delegated to them by those governments and authorities2.
2. If a Party considers that another Party has failed to fulfil its obligations under this Agreement, it may resort exclusively to, and shall be governed by, the dispute settlement mechanism established in Title XII (Dispute Settlement).
3. Without prejudice to the mechanisms of political dialogue established between the Parties, any of them may immediately take appropriate measures in accordance with International Law in the case of violation by another Party of the Parties. essential referred to in Articles 1 and 2 of this Agreement. That other Party may request that an urgent meeting be convened between the Parties concerned within 15 days, in order to carry out a detailed examination of the situation in order to seek an acceptable solution. The measures will be proportionate to the violation. Priority shall be given to those which least disturb the functioning of this Agreement. These measures will be deleted as soon as the reasons that prompted them disappear.
ARTICLE 9. GEOGRAPHICAL SCOPE OF APPLICATION
1. This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable and under the conditions laid down in those Treaties and, on the other, to the territories of the European Union. of Colombia and Peru, respectively3.
2. By way of derogation from paragraph 1, to the extent that the customs territory of the European Union (hereinafter the 'EU customs territory') includes areas not covered by the previous definition of territory, this Agreement shall apply. also to the customs territory of the EU.
ARTICLE 10. REGIONAL INTEGRATION
1. The Parties recognise the importance of regional integration in order to move towards the economic and social development of the signatory Andean countries and the European Union, enabling relations between the Parties to be strengthened and the objectives to be strengthened. of this Agreement.
2. The Parties recognize and reaffirm the importance of the respective processes of regional integration between the Member States of the European Union and among the Member Countries of the Andean Community, as a mechanism to achieve greater opportunities trade and promote their effective integration into the world economy.
3. The Parties recognize that the progress of Andean regional integration will be determined by the Member Countries of the Andean Community.
4. The Parties recognise that the signatory Andean countries must preserve the Andean legal order in the relations between them, in accordance with Decision 598 of the Andean Community.
5. Taking into account the aspiration of the Parties to reach an association between the two regions, when all the Member Countries of the Andean Community are party to this Agreement, the Trade Committee shall review the relevant provisions, in This article and article 105, with a view to adapting them to the new situation and supporting the processes of regional integration.
GENERAL APPLICATION DEFINITIONS.
For the purposes of this Agreement, unless otherwise provided:
-"days" means calendar days, including weekends and holidays;
-"measure" means any action or omission of a Party, whether laws, regulations, procedures, decisions, administrative or practical acts, or any other form;
-"goods of a Party" or "product of a Party" means national products as understood in the GATT 1994 or those products or goods that the Parties agree to, and includes products or goods originating in that Party and as defined in 19;
-"person" means a natural or legal person;
-"legal person" means any legal entity duly constituted or otherwise organised under the applicable law, with or without profit, and whether it is private or public property, including any capital company, management company ("trust") , personal partnership ("partnership") , joint venture ("joint venture") , single-person enterprise or partnership.
INSTITUTIONAL provisions.
1. The Parties establish a Trade Committee. This Committee shall be composed of representatives of the EU Party, and representatives of each signatory Andean Country.
2. The Trade Committee shall meet at ministerial level or at the level of representatives appointed by the Trade Committee at least once a year. In addition, at the written request of a Party, the Trade Committee may meet at any time at the level of senior officials appointed to take the necessary decisions.
3. The Trade Committee shall meet on a rotating basis in Bogota, Brussels and Lima unless the Parties agree otherwise. The Trade Committee shall be chaired by each Party for one year on a rotating basis.
4. Without prejudice to paragraph 1, the Trade Committee may hold meetings involving the EU Party and one of the signatory Andean Countries, in the case of matters:
(a) relating exclusively to the bilateral relationship between the EU Party and that signatory Andean Country; or
(b) which have been the subject of a session within the framework of a "specialised body" in which the EU Party and one of the signatory Andean Countries have participated exclusively, and the matter has been raised to the Trade Committee.
If another signatory Andean Country expresses its interest in the matter that will be discussed in that session, it may participate in the same prior consent of the EU Party and the signatory Andean Country involved.
ARTICLE 13. FUNCTIONS OF THE TRADE COMMITTEE.
1. The Trade Committee:
(a) shall monitor and facilitate the operation of this Agreement and the proper implementation of its provisions, and consider other means to achieve its general objectives;
(b) evaluate the results obtained from the implementation of this Agreement, in particular the development of trade and economic relations between the Parties;
(c) will supervise the work of all the specialized organs established in accordance with this Agreement and will recommend the necessary actions;
(d) shall evaluate and take decisions, as provided for in this Agreement, on any matter referred to it by the specialized bodies established under this Agreement;
(e) will monitor the application of article 105;
(f) will monitor the further development of this Agreement;
(g) without prejudice to the rights granted in Title XII (Dispute Settlement) and other provisions of this Agreement, will explore the most appropriate way to prevent or resolve any difficulties that may arise in connection with matters covered by this Agreement;
(h) shall, at its first meeting, adopt the Rules of Procedure and the Code of Conduct for the arbitrators referred to in Article 315;
(i) will establish the remuneration and expenses to be paid to the arbitrators;
(j) will adopt its own procedural rules, as well as its schedule of meetings and the agenda of such meetings;
(k) shall consider any other matter of interest relating to a subject covered by this Agreement.
2. The Trade Committee may:
(a) establish and delegate responsibilities to specialized organs;
(b) receiving or gathering information from any interested person;
(c) agree on the start of negotiations to deepen the liberalisation already achieved in the sectors covered by this Agreement;
(d) consider any amendment or amendment to the provisions contained in this Agreement, which shall be subject to compliance with the internal legal procedures of each Party;
(e) adopt interpretations of the provisions of this Agreement4. Such interpretations shall be taken into consideration by the arbitration groups established under Title XII (Dispute Settlement);
(f) to adopt in the exercise of its functions any other action agreed by the Parties;
(g) advance the achievement of the objectives of this Agreement by means of modifications provided for in this Agreement:
(i) Annex I (Schedule of Tariff Removal), for the purpose of including one or more excluded goods in the tariff elimination schedule of a Party;
(ii) the periods set out in Annex I (Schedule of Tariff Removal) for the purpose of accelerating tariff reduction;
(iii) the specific rules of origin set out in Annex II (Relating to the definition of the concept of "originating products" and methods for administrative cooperation);
(iv) the contracting entities listed in Appendix 1 of Annex XII (Public Procurement);
(v) the lists of commitments set out in Annexes VII (List of establishment commitments), and VIII (List of commitments on cross-border supply of services) and the reserves set out in Annex IX (Reservations on presence temporary individuals for business purposes); and
(vi) other provisions subject to amendments by the Trade Committee under an express provision of this Agreement.
Each Party shall implement, in accordance with its applicable legal procedures, any modification referred to in this sub-paragraph.
3. The Trade Committee may examine the impact of this Agreement on micro, small and medium-sized enterprises (hereinafter "MSMEs") of the Parties, including any benefits resulting therefrom.
4. The Parties shall exchange information, as far as possible, within the framework of the Trade Committee on Agreements establishing or amending customs unions or free trade zones and, where requested, on other important matters. related to the trade policy of each Party with respect to third countries.
5. In the exercise of any of the functions set out in this Article, the Trade Committee may take any decision as provided for in this Agreement.
1. The Trade Committee shall adopt its decisions by consensus.
2. Decisions taken by the Trade Committee shall be binding on the Parties, which shall take all necessary measures to comply with them.
3. In the cases referred to in Article 12 paragraph 4, decisions shall be taken by the EU Party and the respective signatory Andean Country and shall have effects only between those Parties, provided that such decisions are taken by the Parties. decisions do not affect the rights and obligations of another signatory Andean Country.
ARTICLE 15. SPECIALIZED ORGANS.
1. This Agreement establishes the following subcommittees:
(a) Market Access Sub-Committee;
(b) Agriculture Subcommittee;
(c) Subcommittee on Technical Barriers to Trade;
(d) Customs Sub-Committee, Trade Facilitation and Rules of Origin;
(e) Public Procurement Subcommittee;
(f) Trade and Sustainable Development Sub-Committee;
(g) Sanitary and Phytosanitary Measures Subcommittee; and
(h) Intellectual Property Subcommittee.
2. Any specialised body established in accordance with this Agreement shall be composed of representatives of the EU Party and representatives of each signatory Andean Country.
3. The scope of competence and respective functions of the specialised bodies set up by this Agreement are defined in the relevant Titles.
4. The Trade Committee may establish other subcommittees, working groups or any other specialised body with the aim of assisting in the performance of its tasks. The Trade Committee shall determine the composition, powers and rules of procedure of such specialised bodies.
5. The specialised bodies shall inform the Trade Committee, in good time, of its programme of meetings and of the agenda for such meetings. They shall also report on their activities at each meeting of that Committee.
6. Without prejudice to the provisions of paragraph 2, any specialised body may carry out meetings involving the EU Party and one of the signatory Andean Countries, in the case of matters relating exclusively to the bilateral relations between the EU Party and the signatory Andean Country.
7. If another signatory Andean Country expresses its interest in the matter to be discussed at that meeting, the signatory Andean Country may participate in the same prior consent of the EU Party and the signatory Andean Country involved.
ARTICLE 16. AGREEMENT COORDINATORS
1. Each Party shall designate a Coordinator of the Agreement and notify all other PartiesAgreement at the latest the date of entry into force of this Agreement.
2. The Coordinators of the Agreement:
(a) prepare the agenda and coordinate preparations for the Trade Committee meetings;
(b) follow up on the decisions taken by the Trade Committee, as appropriate;
(c) shall act as contact points to facilitate communications between the Parties on any matter covered by this Agreement, except that something else is available;
(d) will receive all notifications and information provided under this Agreement, including notifications and information to the Trade Committee, except that something else is available; and
(e) shall, at the request of the Trade Committee, consider any other matter that may affect the functioning of this Agreement.
3. The Coordinators of the Agreement may meet where necessary.
MERCHANDISE TRADE.
ACCESS TO COMMODITY MARKETS.
IO PROVISIONS.
The Parties shall liberalize their trade in goods in a gradual manner, over a transitional period beginning on the date of entry into force of this Agreement, in accordance with the provisions contained therein and with the Article XXIV of the GATT 1994.
Unless otherwise provided in this Agreement, this Chapter shall apply to trade in goods between the Parties.
For the purposes of this Title:
-"Customs Tariff" includes any tariff or charge of any kind applied on or in relation to the import of a commodity, including any form of overtax or additional charge to or in connection with such imports. A "Customs Tariff" does not include any:
(a) charge equivalent to an internal tax established in accordance with Article III of the GATT 1994;
(b) anti-dumping duty, countervailing duty or safeguard measure applied in accordance with the GATT 1994, the Agreement on the application of Article VI of the GATT of 1994 (hereinafter the "Anti-Dumping Agreement"); the Agreement on Subsidies and Countervailing Measures of the WTO (hereinafter the "Grant Agreement") and the Agreement on WTO safeguards (hereinafter the "Safeguards Agreement"), as the case may be;
(c) law or other charge imposed in accordance with Article VIII of the GATT 1994;
-"originating product or commodity" is the one that complies with the provisions of Annex II (Relating to the definition of "originating products" and methods for administrative cooperation).
ARTICLE 20. CLASSIFICATION OF GOODS
The classification of goods in trade between the Parties shall be established by the respective nomenclature of each Party in accordance with the Harmonized System of Designation and Coding of Goods 2007 (hereinafter "SA") and its subsequent amendments.
1. Each Party shall grant national treatment to the goods of another Party in accordance with Article III of the GATT 1994, including its interpretative notes. To that end, Article III of the GATT 1994 and its interpretative notes are incorporated into this Agreement and are an integral part of this Agreement, mutatis mutandis.
2. For the sake of clarity, the Parties confirm that, as far as any level of government or authority is concerned, national treatment shall mean a treatment no less favourable than that granted by that level of government or authority to the products. similar, directly competitive or directly substitute for national origin, including products originating in the territory in which that level of government or authority exercises jurisdiction6.
REMOVING CUSTOMS DUTIES.
ARTICLE 22. REMOVAL OF CUSTOMS DUTIES.
1. Unless otherwise provided for in this Agreement, each Party shall provide relief from customs duties on goods originating in another Party in accordance with Annex I (Schedule of Tariff Removal).
2. For each commodity, the base rate of customs duties, on which successive tariff reductions shall be applied in accordance with paragraph 1, shall be that specified in Annex I (Schedule of Tariff Removal).
3. If at any time after the date of entry into force of this Agreement, a Party reduces its most favoured nation customs duty (hereinafter "MFN") applied, such tariff shall be applied only if it is less than the resulting tariff from the application of Annex I (Schedule of tariff elimination).
4. At the request of a Party, the Parties shall consult in order to consider the acceleration and extension of the scope of the elimination of customs duties set out in Annex I (Schedule of Tariff Removal).
5. Any decision of the Trade Committee to accelerate or extend the scope of the removal of customs duties under the terms of Article 13, sub-paragraph 2 (g), shall prevail over any tariff. customs or relief category as set out in Annex I (Schedule of tariff elimination).
6. Save as otherwise provided in this Agreement, no Party may increase a customs tariff established as a base rate in Annex I (Schedule of tariff elimination) or adopt a new customs tariff on a commodity originating in another Party.
7. The provisions of paragraph 6 shall not prevent any Party from:
(a) after a unilateral reduction, increase a customs duty to the level set out in Annex I (Schedule of Tariff Removal) for the respective year; or
(b) maintain or increase a Customs Tariff in accordance with the Understanding of the Rules and Procedures governing the WTO Dispute Settlement (hereinafter "ESD") or Title XII (Solution of controversies).
NON-TARIFF MEASURES.
ARTICLE 23. IMPORT AND EXPORT RESTRICTIONS.
Unless otherwise provided in this Agreement or in accordance with Article XI of the GATT 1994 and its interpretative notes, no Party shall adopt or maintain prohibitions or restrictions on the import of goods from or on the export or sale for the export of goods destined for the territory of another Party. To that end, Article XI of the GATT 1994 and its interpretative notes are incorporated into this Agreement and are an integral part of the Agreement mutatis mutandis.
ARTICLE 24. RIGHTS AND CHARGES.
1. Each Party shall ensure, in accordance with Article VIII of the GATT 1994 and its interpretative notes, that all rights and charges of any kind (other than customs duties, charges equivalent to an internal or other tax) internal charges applied in accordance with Article III of the GATT 1994, and the anti-dumping and countervailing duties), import or export taxes or in relation thereto, are limited in amount to the approximate cost of the services provided for and do not represent indirect protection of national goods or a tax on imports or exports for tax purposes.
2. No Party shall require consular transactions7, including related rights and charges, in relation to the import of any goods from another Party.
3. Each Party shall make available and maintain, preferably via the Internet, up-to-date information on all rights and charges applied in relation to the import or export.
ARTICLE 25. EXPORT DUTIES AND TAXES.
Unless otherwise provided in this Agreement, no Party shall adopt or maintain any tariff or tax, other than an internal charge applied in accordance with Article 21, to or in connection with the export of goods to the territory of another Party.
ARTICLE 26. IMPORT AND EXPORT LICENSING PROCEDURE.
1. No Party shall maintain or adopt a measure that is incompatible with the Agreement on Procedures for the Processing of WTO Import Licences (hereinafter the "Import Licensing Agreement"), which is incorporates and forms an integral part of this Agreement mutatis mutandis.
2. Each Party shall apply the provisions contained in the Import Licensing Agreement, mutatis mutandis, for any export licensing procedure to another Party. The notification provided for in Article 5 of the Import Licensing Agreement shall be made between the Parties in respect of export licensing procedures.
3. 'Import licence' means an administrative procedure used for the application of import licence schemes requiring the submission of an application or other documentation (other than that required for the purposes of the application) (customs), to the relevant administrative body as a precondition for the import into the importing Party.
ARTICLE 27. STATE TRADE ENTERPRISES.
1. For the purposes of this Agreement, "State-owned commercial enterprises" means, wherever they are situated, government and non-governmental, central and sub-central enterprises, including the marketing entities, to which they are granted exclusive or special rights or privileges, including legal or constitutional powers, in the exercise of which they influence through their purchases or sales on the level or direction of imports or exports8.
2. The Parties recognise that State commercial enterprises should not operate in such a way as to create barriers to trade, and to this end, they undertake the obligations set out in this Article.
3. The Parties reaffirm their existing rights and obligations under Article XVII of the GATT 1994, their interpretative notes and supplementary provisions, and the Understanding of the Interpretation of Article , which are incorporated and integral to this Agreement, mutatis mutandis.
4. Each Party shall ensure, in particular, that commercial enterprises in the State comply with, in their purchases or sales, or whenever they exercise any power, including legal or constitutional powers, than a Party at the central level or subcentral to them, with the obligations assumed by each Party to this Agreement.
5. The provisions of this Article shall not affect the rights and obligations of the Parties under Title VI (Public Procurement).
6. In the context of the notification provided by the Parties under Article XVII of the GATT 1994, a request for additional information regarding the effect of the State's commercial undertakings on bilateral trade, the Party to which it is asks you for information will make your best efforts to ensure the maximum transparency possible to respond to these requests that deal with relevant information to determine the compliance of the commercial enterprises of the State with the relevant obligations of this Agreement, in accordance with the provisions of the Article XVII.4 (d) of the 1994 GATT on confidential information.
AGRICULTURAL COMMODITIES.
This Section applies to measures taken or maintained by the Parties in relation to trade in agricultural commodities (hereinafter referred to as "agricultural commodities") covered by the definition in Annex I to the Agreement. on WTO Agriculture (hereinafter the "Agriculture Agreement")9.
ARTICLE 29. AGRICULTURAL SAFEGUARD.
1. By way of derogation from Article 22, a Party may apply an agricultural safeguard measure in the form of additional customs duties on an agricultural commodity originating in its list in the Annex IV (Agricultural safeguard measures) provided that the conditions laid down in this Article are met. The sum of any additional customs duty and any other customs duty on such goods shall not exceed the minimum of:
(a) the applied MFN tariff rate; or
(b) the base tariff rate set out in Annex I (Tariff Removal Cronograms).
2. A Party may apply a safeguard measure based on quantities during any calendar year if, upon entry of a commodity originating in its customs territory, the volume of imports of the goods originating during that year exceeds the level of activation for that commodity as set out in the list of the Party in Annex IV (Agricultural safeguard measures).
3. Any additional tariff applied by a Party pursuant to paragraphs 1 and 2 shall be in accordance with the list of the Parties to Annex IV (Agricultural Safeguarding Measures).
4. No Party may apply an agricultural safeguard measure under this Article, if it adopts or maintains at the same time with respect to the same commodity:
(a) a safeguard measure under Chapter 2 (Trade Defense Measures); or
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.
5. No Party may adopt or maintain an agricultural safeguard measure:
(a) from the date on which a commodity is free of duty under Annex I (Schedule of Tariff Removal), unless the sub-paragraph (b) provides otherwise; or
(b) after the expiration of the transition period included in the list of the Party set out in Annex IV (Agricultural safeguard measures); or
(c) to increase a customs duty within a tariff quota.
6. Within 10 days of the date of the application of an agricultural safeguard measure in accordance with paragraphs 1 and 2, the Party applying the measure shall notify the exporting Party concerned in writing and provide them with the following: relevant data on the measure, as well as its justification. The Party applying the measure shall provide the exporting Party concerned with the opportunity to consult on the terms of its application in accordance with those paragraphs.
7. Each Party shall maintain its rights and obligations under Article 5 of the Agreement on Agriculture, except for agricultural trade with preferential treatment.
ARTICLE 30. PRICE SLOT SYSTEM.
Unless otherwise provided in this Agreement:
(a) Colombia will be able to apply the Andean System of Price Franjas set out in Decision No 371 of the Andean Community and its modifications, or the systems that follow them for the goods agricultural products referred to in that Decision;
(b) Peru will be able to apply its Price Strip System set out in the Supreme Decree No 115 -2001-EF, and its modifications, or the systems that follow them for agricultural commodities referred to in that Decree.
ARTICLE 31. ENTRY PRICING SYSTEM
Unless otherwise provided in this Agreement, the EU Party may apply the Entry Price System set forth in Commission Regulation (EC No 1580/2007 of December 21 2007, by which Regulations (CE) No 2200/96, (CE) No the field of the fruit and vegetables and their modifications or the system or systems that follow them.
ARTICLE 32. EXPORT SUBSIDIES AND OTHER MEASURES HAVING EQUIVALENT EFFECT
1. For the purposes of this Article, "export subsidies" shall have the meaning set out in Article 1 (e) of the Agreement on Agriculture, including any amendment to that Article.
2. The Parties share the objective of working together in the WTO towards an agreement to eliminate export subsidies and other measures of equivalent effect for agricultural commodities.
3. Upon entry into force of this Agreement, no Party shall maintain, introduce or reintroduce export subsidies, or other measures having equivalent effect, on agricultural goods which are fully and immediately liberalised or are completely liberalized but not immediately liberalised and which benefit from a tariff-free quota for the entry into force of this Agreement in accordance with Annex I (Schedule of Tariff Removal), and which are intended for territory of another Party.
4. No Party shall maintain, introduce or reintroduce export subsidies or other measures having equivalent effect on agricultural goods which are total but not immediately liberalised and which do not benefit from a free quota tariff on the entry into force of this Agreement, from the date on which the said goods are fully liberalised.
5. Without prejudice to paragraphs 3 and 4, if a Party maintains, introduces or reintroduces export subsidies or other measures having equivalent effect on partially or completely liberalised agricultural goods to another Party, the An import party may apply an additional tariff which increases the customs tariff for that commodity at the level of the MFN duty applied or the base tariff set out in Annex I (Tariff elimination schedules), whichever is the less, for the period in which the export subsidy is maintained.
6. For the importing Party to remove the additional duty applied in accordance with paragraph 5, the exporting Party shall provide detailed information demonstrating that it complies with the provisions of this Article.
ARTICLE 33. ADMINISTRATION AND APPLICATION OF TARIFF QUOTAS.
1. Each Party shall apply and administer the import tariff quotas for agricultural goods listed in Annex I (Schedule of Tariff Elimination) in accordance with GATT 1994-Article XIII, including their notes interpretative, and the Import Licensing Agreement.
2. The Parties shall administer the tariff quotas for the import of agricultural goods by means of the first-come first-served method.
3. At the request of the exporting Party, the importing Party shall consult with the exporting Party on the administration of the tariff quotas of the importing Party. Such consultations shall replace the consultations provided for in Article 301, provided that such consultations satisfy the requirements set out in paragraph 9 of that Article.
MANAGING ADMINISTRATIVE ERRORS.
ARTICLE 34. MANAGING ADMINISTRATIVE ERRORS.
In the event of an error by the competent authorities of any Party in the management of the system of preferences for export and, in particular, in the application of the provisions of Annex II (Relating to the definition of the concept of 'originating products' and methods of administrative cooperation), and provided that such error has consequences on import duties, any Contracting Party suffering such consequences may request, once technically examined the case between the Parties involved in the framework of the Customs Sub-Committee, Facilitation of the Trade and Rules of Origin as set out in Article 68, which the Trade Committee shall examine the possibility of taking all appropriate measures to resolve the situation. The decision of the Trade Committee on appropriate measures shall be adopted by agreement between the Parties concerned.
SUBCOMMITTEES.
ARTICLE 35. SUBCOMMITTEE ON ACCESS TO MARKETS.
1. The Parties establish a Market Access Sub-Committee, composed of representatives of each Party.
2. The Sub-Committee shall meet at the request of a Party or the Trade Committee to consider any matter not covered by another sub-committee arising under this Chapter.
3. The functions of the Sub-Committee shall include, inter alia:
(a) to promote trade in goods between the Parties, including through consultations on the acceleration and extension of the scope of tariff relief under this Agreement, and other matters that are appropriate;
(b) address any non-tariff measures that may restrict trade in goods between the Parties and, if appropriate, subject these matters to the Trade Committee for consideration;
(c) provide advice and recommendations to the Trade Committee on cooperation needs on issues related to market access;
(d) consult and make the greatest efforts to resolve any differences that may arise between the Parties on matters related to modifications to the Harmonized System, including the classification of goods, to ensure that obligations of each Party under this Agreement are not altered.
ARTICLE 36. AGRICULTURE SUBCOMMITTEE
1. The Parties establish an Agriculture Sub-Committee composed of representatives of the EU Party and each signatory Andean Country.
2. The Agriculture Sub-Committee shall have the following functions:
(a) monitor and promote cooperation in the implementation and administration of Section 4, to facilitate trade in agricultural commodities between the Parties;
(b) to resolve any unjustified obstacles to trade in agricultural goods between the Parties;
(c) consult on matters related to Section 4, in coordination with other subcommittees, working groups, or any other relevant specialized body established under this Agreement;
(d) assess the development of agricultural trade between the Parties and the impact of this Agreement on the agricultural sector of each Party, as well as the functioning of the instruments of this Agreement, and recommend any appropriate action to the Trade Committee;
(e) perform any additional work the Commerce Committee may assign to you; and
(f) inform and submit to the Trade Committee the results of their work under this paragraph.
3. The Agriculture Subcommittee shall meet at least once a year. Where special circumstances arise, and at the request of a Party, the Sub-Committee shall meet with the agreement of the Parties no later than 30 days after the date of such request. The meetings of the Agriculture Subcommittee may also be held at bilateral level and shall be chaired by the representatives of the Host Party of the meeting.
4. The Agriculture Sub-Committee shall adopt its decisions by consensus.
TRADE DEFENSE MEASURES.
ANTIDUMPING AND COUNTERVAILING MEASURES.
ARTICLE 37. GENERAL PROVISIONS.
1. The Parties reaffirm their rights and obligations under the Anti-Dumping Agreement, the Grant Agreement and the WTO Rules of Origin Agreement (hereinafter the "Agreement on Rules of Origin").
2. In the case of the application of an anti-dumping duty or a compensatory measure, or the acceptance of a price undertaking by the authority of the Andean Community on behalf of two or more Member Countries of the Andean Community, the judicial body The competent Andean community will be the only forum of judicial review.
3. The Parties shall ensure that the anti-dumping measures are not applied simultaneously in relation to the same product by the regional authorities, and the national authorities. The same rule applies in the case of compensatory measures.
1. The Parties agree that trade defence measures should be used in full compliance with the relevant WTO requirements and should be based on a transparent system.
2. Recognising the benefits of legal certainty and predictability for economic operators, each Party shall ensure that its national legislation on trade defence is fully compatible with the relevant rules of the Union. WTO.
3. Without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the Agreement on Subsidies, each Party shall ensure as soon as possible in accordance with its national law, after the imposition of any provisional measure and, in any event, before the final determination is taken, the full and significant disclosure of all the essential facts considered as a basis for the decision to implement the measures or not. The disclosure of such information shall be made in writing, and shall allow interested parties sufficient time to submit their comments.
4. Provided that the development of the investigation is not unnecessarily delayed, at the request of any interested party, the investigating authority of a Party shall grant those interested parties the opportunity to be heard during the investigation. trade defence investigations, in order to express their views.
ARTICLE 39. CONSIDERATION OF THE PUBLIC INTEREST.
In accordance with their national legislation, the EU and Colombia will give the opportunity to industrial users and importers of the product under investigation, as well as to representative consumer organisations, as the case may be, provide relevant information for the investigation. Such information shall be taken into consideration by the investigating authority to the extent that it is relevant, duly substantiated and presented within the time limit specified in the national legislation.
Notwithstanding their rights under the Anti-Dumping Agreement and the Grant Agreement in relation to the application of anti-dumping and countervailing duties, the EU and Colombia consider it desirable that a lower right should be applied to the dumping margin or corresponding subsidy, as the case may be, if that right is sufficient to eliminate the damage to the national production branch.
ARTICLE 41. INVESTIGATING AUTHORITIES
For the purposes of this Section,
-"investigating authority" means:
(a) with respect to Colombia, the Ministry of Commerce, Industry and Tourism, or its successor;
(b) with respect to Peru, the National Institute of Defense of Competition and the Protection of Intellectual Property, or its successor; and
(c) with respect to the EU Party, the European Commission.
ARTICLE 42. EXCLUDING THE DISPUTE RESOLUTION MECHANISM.
Title XII (Dispute Settlement) will not apply to this Section.
MULTILATERAL SAFEGUARD MEASURES.
ARTICLE 43. GENERAL PROVISIONS.
Each Party retains its rights and obligations under Article XIX of the GATT 1994, the Safeguards Agreement, and the Agreement on Rules of Origin.
Without prejudice to the provisions of Article 43, at the request of another Party, the Party initiating an investigation or proposing to take safeguard measures shall immediately provide a notification. written ad hoc of all relevant information, including, where relevant, information on the initiation of a safeguard investigation, preliminary determination and final determination of the investigation.
ARTICLE 45. NON-SIMULTANEOUS APPLICATION OF SAFEGUARD MEASURES.
No Party may apply simultaneously, with respect to the same product:
(a) a bilateral safeguard measure, in accordance with Section 3 (Bilateral Safeguarding Clause) of this Chapter, and
(b) a measure under Article XIX of the GATT 1994, and of the Safeguards Agreement.
ARTICLE 46. INVESTIGATING AUTHORITY.
For the purposes of this Section, "investigating authority" means:
(a) with respect to Colombia, the Ministry of Commerce, Industry and Tourism, or its successor;
(b) with respect to Peru, the National Institute of Defense of Competition and the Protection of Intellectual Property, or its successor; and
(c) with respect to the EU Party, the European Commission.
ARTICLE 47. EXCLUDING THE DISPUTE SETTLEMENT MECHANISM.
Except for Article 45, Title XII (Dispute Settlement) will not apply to this Section.
BILATERAL SAFEGUARD CLAUSE.
ARTICLE 48. IMPLEMENTATION OF A BILATERAL SAFEGUARD MEASURE.
1. By way of derogation from Section 2 (Multilateral Safeguarding Measures), if, as a result of the concessions under this Agreement, imports of a product originating in one of the Parties to the territory of another Party have increased in such quantity, in absolute terms or in relation to domestic production, and are carried out under such conditions as to cause or threaten to cause serious harm to domestic producers of like or directly competing products, the the importer may take appropriate measures under the conditions and in accordance with the procedures set out in this Section.
2. A Party may only apply bilateral safeguard measures during the transition period10.
ARTICLE 49. NOTIFICATION AND QUERIES.
1. A Party shall immediately notify the relevant exporting Party of the initiation of the investigation and the application of provisional and definitive measures.
2. Where a Party considers that the circumstances set out in Article 48 exist for the implementation or extension of a final measure, it shall provide appropriate opportunities for consultations with the Party. affected, in accordance with the legislation of each Party, with a view to examining the information available, exchanging views on the implementation or extension of a measure and achieving a mutually satisfactory solution.
3. The consultations referred to in paragraph 2 shall be initiated within 15 days of the date of receipt of the invitation to consultations sent by the investigating authority by the Party concerned.
4. If a satisfactory solution is not reached within 45 days from the date of receipt of the invitation to consultations by the Party concerned, the importing Party may take measures to remedy the circumstances in accordance with this Agreement. Section.
5. A Party may apply a bilateral safeguard measure on a provisional basis without prior consultation of its application.
Any bilateral safeguard measure applied by a Party under Article 48 may consist of one or more of the following measures:
(a) the suspension of the reduction of the customs duty on the product concerned provided for in the schedule of that Party under Annex I (Schedule of Tariff Removal), or
(b) the increase in the customs duty on the product concerned to a level that does not exceed the lower of the MFN tariff on the product in force at the time the measure is adopted and the base tariff specified in the that Party in accordance with Annex I (Schedule of Tariff Removal).
ARTICLE 51. RESEARCH PROCEDURE.
1. A Party shall apply a bilateral safeguard measure only after an investigation by the competent authorities of that Party, in accordance with Article 3 of the Safeguards Agreement, and for this purpose, that Article shall be incorporates as an integral part of this Agreement, mutatis mutandis.
2. Any investigation by a Party pursuant to paragraph 1 shall comply with the requirements of Article 4.2 (a) and 4.2 (c) of the Safeguards Agreement, and, for that purpose, Article 4.2 (a) and 4.2 (c) of the Safeguards Agreement. is incorporated as an integral part of this Agreement, mutatis mutandis.
3. In addition to the provisions of paragraph 2, the investigating party shall demonstrate, on the basis of objective evidence, the existence of a causal link between the increase in imports of the product originating in the exporter and serious damage or threat thereof.
4. Each Party shall ensure that its competent authorities complete any such investigation within the time limit set out in its national law, without exceeding 12 months from the date of its commencement.
ARTICLE 52. CONDITIONS AND DURATION OF A MEASURE.
1. No Party may apply a bilateral safeguard measure:
(a) except to the extent and for as long as they are necessary to prevent or repair serious damage, in accordance with article 48;
(b) for a period of more than two years; this period may be extended exceptionally for another two years if:
(i) the competent authorities of the importing Party determine, in accordance with the relevant procedures in Article 51, that the measure is still necessary to prevent or repair the serious damage caused by the compliance with article 48; and
(ii) there is evidence that the national production branch is in the process of adjustment;
the total period of application of a safeguard measure, including the initial period of application and any extension thereof, shall not exceed four years.
2. Where a Party to the completion of a bilateral safeguard measure, the customs duty rate shall be the rate which, in accordance with Annex I (Tariff Removal Cronograms) of that Party, would have been effective without the measure.
1. In critical circumstances where a delay may cause injury which is difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis, by virtue of a preliminary determination that there are clear evidence that imports of a product originating in the exporting Party have increased as a result of tariff reductions or eliminations under Annex I (tariff elimination schedules), and such imports cause or threaten to cause serious damage in accordance with article 48.
2. The duration of any interim measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 49 and 51, paragraphs 1, 2 and 3.
3. The Party shall reimburse without delay any increase in customs duties applied pursuant to paragraph 1 if the investigation is not determined to meet the requirements of Article 48. The duration of any interim measure shall be counted as part of the period described in Article 52, sub-paragraph 1 (b)
1. A Party seeking to extend a bilateral safeguard measure shall consult with the Party whose products are the subject of the measure in order to mutually agree appropriate compensation in the form of concessions having a commercial effect. substantially equivalent. The importing Party shall provide an opportunity for such consultations not later than 30 days before the extension of the bilateral safeguard measure.
2. If the consultations under paragraph 1 do not result in an agreement on the compensation within 30 days of the offer for consultations, and the importing Party decides to extend the safeguard measure, the Party whose products are the purpose of the safeguard measure may suspend the application of concessions substantially equivalent to the trade in the Party extending the measure.
ARTICLE 55. REAPPLICATION OF A MEDID.
No safeguard measure referred to in this Section shall apply to the importation of a product which has been subject to such a measure, except for a single time and for a period of time equal to half of that during which such a measure has been previously applied, provided that the non-application period is at least one year.
ARTICLE 56. OUTERMOST REGIONS OF THE EUROPEAN UNION11.
1. When a product originating in the signatory Andean countries is being introduced into the territory of the outermost regions of the European Union (hereinafter the "outermost regions of the EU") in increasing quantities and under such conditions which cause or threaten to cause a serious deterioration of the economic situation of the outermost regions of the EU, the EU Party, having examined alternative solutions, may exceptionally take limited safeguard measures to the territory of the region (s) concerned.
2. The safeguard measures for outermost regions of the EU shall be implemented in accordance with the provisions of this Chapter.
ARTICLE 57. COMPETENT AUTHORITY
For the purposes of this Section, "competent authority" means:
(a) with respect to Colombia, the Ministry of Commerce, Industry and Tourism, or its successor;
(b) with respect to Peru, the Ministry of Foreign Trade and Tourism, or its successor; and
(c) with respect to the EU Party, the European Commission.
CUSTOMS AND TRADE FACILITATION.
1. The Parties recognise the importance of customs and trade facilitation issues in the development of the global trade environment. The Parties agree to strengthen cooperation in this area with a view to ensuring that the relevant legislation and procedures of each Party, as well as the administrative capacity of their respective administrations, meet the control objectives cash and promotion of trade facilitation.
2. The Parties recognise that legitimate public policy objectives, including those related to security, prevention and the fight against fraud, shall not be compromised in any way.
ARTICLE 59. TRADE-RELATED CUSTOMS AND PROCEDURES
1. Each Party shall establish efficient, transparent and simplified procedures to reduce costs and ensure predictability for importers and exporters.
2. The Parties agree that their respective trade and customs legislation, provisions and procedures shall be based on:
(a) the international instruments and standards applicable in the field of customs and trade, including the substantial elements of the International Convention for the Simplification and Harmonization of the Regards Customs (hereinafter the "Revised Kyoto Convention"), the International Convention on the Harmonized System of Designation and Coding of Goods (hereinafter the "SA Convention"), the Framework Policy to Ensure and Facilitate Global Trade of the World Organization Customs (hereafter "OMA SAFE") and the OMA's Model Data Model (hereafter, "Data Model");
(b) the protection and facilitation of trade through effective enforcement and compliance with legal requirements;
(c) requirements for economic operators that are reasonable, non-discriminatory and prevent fraud;
(d) the use of a single administrative document or its electronic equivalent, for the purpose of submitting customs declarations on export and import;
(e) the application of modern customs techniques, including risk assessment, simplified procedures for the entry and clearance of goods, post office checks and business audit methods;
(f) the progressive development of systems, including those based on information technologies, to facilitate the electronic exchange of data between economic operators, customs administrations and other related agencies. To this end, and to the extent possible, each Party will progressively work towards the establishment of a one-stop shop to facilitate foreign trade operations;
(g) rules ensuring that any sanctions imposed for violations of customs regulations or procedures requirements are not disproportionate or discriminatory and the application of which will not unduly delay the dispatch of the goods;
(h) the rights and charges that are reasonable and that do not exceed the cost of the service provided in connection with a specific transaction, and that are not calculated on an ad valorembasis. No fees or charges shall be charged for consular services;
(i) the removal of any requirement on the mandatory use of pre-shipment inspections or their equivalent; and
(j) the need to ensure that all competent administrative entities involved in the control and physical inspection of goods subject to import or export develop their activities, wherever possible, simultaneous and in one place.
3. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, each Party:
(a) will take additional actions with a view to reducing, simplifying and standardizing the information and documentation required by customs and other agencies;
(b) simplify, whenever possible, the requirements and formalities relating to the release and release without delay of the goods, allowing importers to withdraw the goods from customs, without the payment of customs duties, subject to the establishment of a guarantee in accordance with national law, to ensure the final payment of customs duties, duties and charges;
(c) shall establish effective, rapid, non-discriminatory and easily accessible procedures which ensure the right to appeal decisions and administrative decisions in customs matters affecting imports, exports or goods in transit. Procedures will be easy to access, including for MSMEs; and
(d) ensure the maintenance of the highest standards of integrity by implementing measures that reflect the principles of relevant international conventions and instruments in this field.
ARTICLE 60. ADVANCE RESOLUTIONS.
1. At written request and prior to the importation of the goods into their territory, each Party shall issue, through its competent authorities, advance decisions written in accordance with its national legislation and regulations, on tariff classification, origin or any other related matter which the Parties may agree to.
2. Subject to any confidentiality requirements set out in its law, each Party shall publish, as far as possible through electronic means, its advance resolutions on tariff classification and any other related matters. the Parties may agree.
3. To facilitate trade, the Parties shall include in their bilateral dialogue regular updates on changes in their respective legislation on matters referred to in paragraphs 1 and 2.
4. All procedural issues on advance resolutions shall be determined by the national legislation of each Party, in accordance with the International Standards of the WCO. These procedures will be published and publicly available.
1. Each Party shall use risk management systems to enable its customs authorities to focus their inspection activities on high-risk operations and to speed up the release of low-risk goods.
2. The importing Party shall take note of the efforts made by the exporting Party related to security in the trade logistics chain.
3. The Parties shall work to exchange information related to risk management techniques applied by their respective customs authorities, respecting the confidentiality of the information and where necessary, transfer knowledge.
ARTICLE 62. AUTHORIZED ECONOMIC OPERATOR.
The Parties shall promote the application of the concept of the Authorized Economic Operator (hereinafter "the OAS") according to the WCO SAFE.
A Party will grant the status of OAS security and trade facilitation benefits to operators who meet their customs security standards, in accordance with their national legislation.
1. The Parties shall ensure freedom of transit through their territory by the most convenient route for transit.
2. Any restriction, control or requirement should pursue a legitimate public policy objective, be non-discriminatory, proportional and uniformly applied.
3. Without prejudice to the legitimate customs control and the supervision of goods in transit, the Parties shall agree to transit from or to a territory of either Party, a treatment no less favourable than that agreed for transit transit through its territory.
4. The Parties shall operate under guaranteed transport arrangements allowing the transit of goods without the payment of customs duties or other charges subject to the granting of an appropriate guarantee.
5. The Parties shall promote regional transit agreements with a view to reducing barriers to trade.
6. The Parties shall be guided by, and shall use, international standards and instruments relevant to transit.
7. The Parties shall ensure cooperation and coordination between all authorities and bodies involved in their territory to facilitate transit and promote cooperation at the border.
ARTICLE 64. RELATIONSHIPS WITH THE BUSINESS COMMUNITY.
Parties agree:
(a) to ensure that all customs legislation and procedures, as well as customs duties, duties and charges, are publicly available, as far as possible through electronic means, together with the necessary explanations, where appropriate;
(b) as far as possible, there should be a reasonable period of time between the publication of new or amended legislation and procedures, as well as customs duties, duties or charges and their entry into force;
(c) provide opportunities for the business community, to comment on legislative proposals and customs-related procedures. To this end, each Party shall establish consultation mechanisms between its administration and the business community;
(d) make available to the public, relevant notices of an administrative nature, including the requirements of entry bodies and procedures, operating hours and operational procedures of customs offices at ports and in border crossings, and contact points to request information;
(e) to encourage cooperation between operators and relevant trade authorities through the use of non-arbitrary and public access procedures, which will enable the fight against fraud and illicit activities to increase security of supply chain and facilitating international trade; and
(f) ensure that their respective customs and related requirements and procedures continue to meet the needs of the business community, following best practices, and remain with the minimum of trade restrictions possible.
The Agreement on the Application of Article VII of the GATT 1994 (hereinafter the "Customs Valuation Agreement") will govern the customs valuation rules applied to reciprocal trade between the Parties.
ARTICLE 66. CUSTOMS COOPERATION.
1. The Parties shall promote and facilitate cooperation between their respective customs administrations in order to ensure that the objectives set out in this Chapter are achieved, in particular to ensure the simplification of procedures. customs and the facilitation of legitimate trade while preserving their control capabilities.
2. Cooperation in accordance with paragraph 1 shall include, inter alia:
(a) exchanges of information on customs legislation, procedures and techniques in the following areas:
(i) simplification and modernisation of customs procedures; and
(ii) relationships with the business community;
(b) the development of joint initiatives in mutually agreed areas; and
(c) the promotion of coordination among related bodies.
3. Cooperation in the field of customs and enforcement of intellectual property rights by the customs authorities shall be carried out in accordance with the provisions of Title VII (Intellectual Property).
The Parties ' administrations shall provide mutual administrative assistance in customs matters in accordance with the provisions of Annex V (Mutual administrative assistance in customs matters).
ARTICLE 68. CUSTOMS SUBCOMMITTEE, TRADE FACILITATION AND RULES OF ORIGIN
1. The Parties establish a Subcommittee on Customs, Trade Facilitation and Rules of Origin, composed of representatives of each Party. The Sub-Committee shall meet on a date and with an agenda previously agreed upon by the Parties, and shall be chaired for a period of one year by each of the Parties in an alternate manner. The Subcommittee shall inform the Trade Committee.
2. The Subcommittee, among others:
(a) monitor the implementation and administration of this Chapter and Annex II (Relating to the definition of the concept of "originating products" and methods for administrative cooperation);
(b) will provide a forum for consultation and discussion on all customs-related issues, including in particular customs procedures, customs valuation, tariff regimes, tariff nomenclature, customs cooperation and mutual administrative assistance in customs matters;
(c) will provide a forum for consultation and discussion on issues related to rules of origin and administrative cooperation;
(d) increase cooperation on the development, implementation and implementation of customs procedures, mutual administrative assistance in customs matters, rules of origin and administrative cooperation;
(e) submit to the Trade Committee proposed amendments to Annex II (Relating to the definition of the concept of "originating products" and methods for administrative cooperation) for adoption;
(f) will provide a forum to consult and discuss requests for cumulation of origin under Articles 3 and 4 of Annex II (Relating to the definition of the concept of "originating products" and methods for cooperation administrative);
(g) seek to achieve mutually satisfactory solutions when differences arise, between the Parties after a verification process carried out pursuant to Article 31 of Annex II (Relating to the definition of the concept of "products"). originating " and methods for administrative cooperation); and
(h) will seek to achieve mutually satisfactory solutions when differences arise, related to the tariff classification of goods between the Parties. If the matter is not resolved in the course of these consultations, it will be referred to the OMA Harmonized System Committee. Such decisions shall be binding on the Parties concerned.
3. The Parties may hold ad hoc meetings on customs cooperation or on rules of origin and mutual administrative assistance.
ARTICLE 69. TECHNICAL ASSISTANCE IN CUSTOMS AND TRADE FACILITATION
1. The Parties recognise the importance of technical assistance in the field of customs and trade facilitation in order to implement the commitments set out in this Chapter.
2. The Parties agree to cooperate in particular, but not exclusively, in:
(a) improving institutional cooperation between the Parties;
(b) capacity building and building skills on legislative and technical matters to develop and promote customs legislation;
(c) application of modern customs techniques, including risk management, binding advance resolutions, customs valuation, simplified procedures for entry and clearance of goods, post office controls, methods Corporate audit and OAS;
(d) the presentation of procedures and practices that reflect to the extent feasible, international instruments and standards applicable in the field of customs and trade, including WTO rules and OMA instruments and standards, inter alia the Kyoto Revised Convention and the WCO SAFE; and
(e) simplification, harmonization and automation of customs procedures.
The provisions of Article 59, Subparagraph 2 (f), and Article 60 shall apply to Peru two years after the entry into force of this Agreement.
TECHNICAL BARRIERS TO TRADE.
The objectives of this Chapter are:
(a) to facilitate and increase trade in goods and to obtain effective access to the market of the Parties through a better implementation of the WTO Trade Technical Barriers Agreement (hereinafter referred to as "the WTO Agreement"). "OTC Agreement");
(b) avoid creation and promote the elimination of unnecessary technical barriers to trade; and
(c) increase cooperation between the Parties in matters covered by this Chapter.
1. For the purposes of this Chapter, the definitions set out in Annex 1 to the TBT Agreement shall apply.
2. Additionally, the following definitions apply:
-"non-permanent labeling" means setting information about a product through adhesive labels, hanging labels, or other labels that can be removed, or when information is attached to the product packaging;
-"permanent labeling" means setting information about a product by securing it securely through printing, stitching, remarking, or similar procedures.
ARTICLE 73. RELATED TO OTC AGREEMENT.
The Parties reaffirm their rights and obligations under the TBT Agreement, which is incorporated and forms an integral part of this Agreement, mutatis mutandis.
1. The provisions of this Chapter apply to the elaboration, adoption and application of technical regulations, standards and procedures for the assessment of conformity, including any amendment or addition thereto, which may affect trade in goods between the Parties.
2. This Chapter does not apply to:
(a) the purchase specifications established by government institutions for the production or consumption needs of those institutions; and
(b) sanitary and phytosanitary measures.
ARTICLE 75. COOPERATION AND FACILITATION OF TRADE
1. The Parties agree that cooperation between authorities and institutions, both in the public and private sectors, involved in, technical regulation, standardisation, conformity assessment, accreditation, metrology and Border control and market surveillance is important to facilitate trade between the Parties. To this end, the Parties undertake to:
(a) intensify mutual cooperation to facilitate access to their markets and increase knowledge and understanding of their respective systems;
(b) identify, develop and promote initiatives that facilitate trade taking into account their respective experience. Such initiatives may include, inter alia:
(i) the exchange of information, experiences and data, scientific and technological cooperation and the use of good regulatory practices;
(ii) the simplification of certification procedures and administrative requirements established by a technical standard or regulation, and the elimination of those registration or prior authorization requirements, which under the provisions of the OTC deal is unnecessary;
(iii) work towards the possibility of converging, aligning or establishing the equivalence of technical regulations and conformity assessment procedures. In relation to equivalence, the equivalence shall not imply any obligation for the Parties to be an a priori unless otherwise explicitly agreed;
(iv) examine, in future regulatory review, the possibility of using accreditation or designation as a tool to recognize conformity assessment institutions established in the territory of another Party; and
(v) the promotion and facilitation of cooperation and the exchange of information between the relevant public or private institutions of the Parties.
2. Where a Party stops at a port of entry goods originating in the territory of another Party due to a perceived non-compliance with a technical regulation, the Party that stops the goods shall notify the importer without delay of the reasons for the stop.
3. A Party shall, at the request of another Party, give appropriate consideration to the proposals on cooperation that the other Party makes under this Chapter.
ARTICLE 76. TECHNICAL REGULATIONS
1. The Parties shall use international standards as a basis for the preparation of their technical regulations, unless such international standards are an ineffective or inappropriate means of achieving the legitimate objective pursued. One Party shall explain, at the request of another Party, the reasons why international standards have not been used as a basis for the preparation of its technical regulations.
2. At the request of another Party interested in developing a similar technical regulation and in order to minimise duplication of expenditure, a Party shall, as far as possible, provide the requesting Party with any information, technical study or risk assessment or other relevant documents available, except for confidential information on which that Party has supported the development of such a technical regulation.
1. Each Party commits to:
(a) maintain effective communication between their regulatory authorities and their standards institutions;
(b) implement the Committee Decision on Principles for the elaboration of International Standards, Guidelines and Recommendations on Articles 2 and 5, and Annex 3 to the Agreement,on 13 November 2000 by the WTO Committee on Technical Barriers to Trade, when determining whether an international standard, guide or recommendation exists in the sense given in the Articles 2 and 5 and Annex 3 to the TBT Agreement;
(c) to encourage its standardisation institutions to cooperate with other Party's relevant standardisation institutions in international standardisation activities. Such cooperation may be carried out in international or regional standardisation institutions where they are invited by the relevant standardisation institution or through memoranda of understanding, in order to, inter alia, developing common standards;
(d) exchange information on the use of standards by the Parties in connection with technical regulations and ensure as far as possible that the rules are not binding;
(e) exchange information on the standardisation processes of each Party, and on the extent of the use of international, regional or sub-regional standards as a basis for national standards; and
(f) to exchange general information on cooperation agreements concluded with third countries in the field of standardisation.
2. Each Party shall recommend that non-governmental standards institutions located in its territory comply with the provisions of this Article.
ARTICLE 78. CONFORMITY ASSESSMENT AND ACCREDITATION
1. The Parties recognise that there is a wide range of mechanisms to facilitate the acceptance in the territory of a Party of the results of conformity assessment procedures carried out in the territory of another Party. In this regard, the Parties may agree:
(a) in the acceptance of a supplier compliance declaration;
(b) in the acceptance of the results of the conformity assessment procedures of the institutions located in the territory of another Party;
(c) that a conformity assessment institution located in the territory of a Party may establish voluntary agreements for recognition with an institution for the assessment of conformity located in the territory of another Party; to accept the results of its conformity assessment procedures;
(d) in the designation of conformity assessment institutions located in the territory of another Party; and
(e) in the adoption of accreditation procedures to qualify the conformity assessment institutions located in the territory of another Party.
2. To this end, the Parties undertake to:
(a) ensure that non-governmental institutions used in conformity assessment can compete;
(b) to promote acceptance, in conformity assessment processes, of results issued by recognised institutions under a multilateral accreditation agreement or through an agreement concluded between some of their respective institutions for conformity assessment;
(c) to consider, in the interests of the Parties and economically justified, to enter into negotiations in order to reach agreements that facilitate the acceptance in their territories of the results of the evaluation procedures of the conformity made by institutions in the territory of another Party; and
(d) encourage its conformity assessment institutions to participate in agreements with other Party's conformity assessment institutions for the acceptance of the conformity assessment results.
ARTICLE 79. TRANSPARENCY AND NOTIFICATION PROCEDURES
1. Each Party, directly or through the WTO Secretariat, shall transmit electronically to the contact points, as provided for in Article 10 of the TBT Agreement, its draft technical regulations and conformity assessment procedures, or those adopted to address urgent problems of safety, health, environmental protection or national security which are presented or threatened in accordance with the TBT Agreement. The electronic transmission of the technical regulations and conformity assessment procedures shall include an electronic link to, or a copy of the full text of the document reason for the notification.
2. Each Party shall publish or transmit electronically even those projects or proposals for technical regulations and conformity assessment procedures, or those adopted to address urgent safety, health, safety and health problems. the national environment or national security to be submitted or threatened, consistent with the technical content of the relevant international standards.
3. In accordance with paragraphs 1 and 2, each Party shall grant a period of at least 60 days, and where possible 90 days, from the date of the electronic transmission of the draft technical regulations and evaluation procedures. of the conformity, in order for the other Parties and other interested persons to make written comments. A Party shall give positive consideration to reasonable requests for extension of the deadline set for comments.
4. A Party shall consider in appropriate manner the comments received from another Party when a draft technical regulation is submitted for public consultation and, at the request of another Party, shall provide written responses to comments made by the other Party. Part.
5. Each Party shall publish or make available to the public in printed or electronic form its replies to the significant comments received at the latest by the date of publication of the technical regulation or the procedure for the assessment of the final compliance.
6. Each Party shall, at the request of another Party, provide information on a technical regulation or conformity assessment procedure that the Party has adopted or intends to adopt.
7. The time limit between the publication and the entry into force of the technical regulations and conformity assessment procedures shall not be less than six months, unless the legitimate objectives are not achievable within that period. A Party shall give positive consideration to reasonable requests for extension of the deadline.
8. The Parties shall ensure that all technical regulations and conformity assessment procedures adopted and in force are publicly available on a free official website, in such a way as to be easily located and access. If and when appropriate, guides to the implementation of the technical regulations will also be provided.
ARTICLE 80. BORDER CONTROL AND MARKET SURVEILLANCE.
Parties commit to:
(a) exchange information and experiences on their border control activities and market surveillance, except in cases where the documentation is confidential; and
(b) ensure that border control and market surveillance activities are carried out by the competent authorities for which these authorities may rely on accredited, designated or delegated institutions, avoiding conflicts of interest between those institutions and economic operators subject to control or surveillance.
ARTICLE 81. MARKING AND TAGGING.
1. Where a Party requires the marking or mandatory labelling of the products:
(a) shall require only permanent marking or labelling when the information is relevant to consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements;
(b) may require additional information on the packaging or packaging of products through non-permanent labels, where necessary to ensure market surveillance by the competent authorities;
(c) in relation to the information referred to in sub-paragraph (b), when carrying out the review of the applicable regulations, that Party shall examine the possibility of requiring such information to be provided by other means;
(d) unless necessary for the risk of the products for human, animal or plant health or life, the environment or national security, such Party shall not require approval, registration or certification of labels or marking as a condition prior to placing on the market in their respective markets. This sub-paragraph is without prejudice to the measures that a Party adopts under its national legislation to verify compliance with the mandatory labelling requirements and the measures it takes for the control of practices that may be Misleading consumers;
(e) where a Party requires the use of an identification number by the economic operator, such number shall be issued without undue delay;
(f) provided that it is not misleading, contradictory or confused with regard to the information required in the country of destination of the goods, that Party shall allow it to appear:
(i) information in other languages, in addition to the language required in the country of destination of the goods;
(ii) international nomenclatures, pictograms, symbols or graphics; and
(iii) additional information to that required by the country of destination of the goods;
(g) where the legitimate objectives set out in the TBT Agreement are not compromised, that Party shall endeavour to accept non-permanent or detached labels, or that the information is provided through the manual or packaging or packaging of the product, rather than being printed or physically attached to it.
2. Where a Party requires marking or labelling of textiles, clothing or footwear, that Party shall:
(a) may only require the marking or permanent labeling of the following information:
(i) for textiles and garments: fibre content, country of origin, safety instructions for specific uses and instructions for care; and
(ii) with respect to footwear: predominant materials of the main parts, safety instructions for specific uses and country of origin;
(b) will not set:
(i) requirements on the physical characteristics or design of a label, without prejudice to the measures taken by that Party to protect consumers against misleading advertising;
(ii) the obligation to permanently label garments that for their size are difficult to do so or deteriorate their value; and
(iii) the obligation to label both parts when they are marketed in pairs of the same material and design.
3. The Parties shall apply this Article not later than one year after the entry into force of this Agreement.
