The Trade Agreement Between The European Union And Its Member States, Of The One Part, And The Colombia And Peru, On The Other Hand

Original Language Title: Par Tirdzniecības nolīgumu starp Eiropas Savienību un tās dalībvalstīm, no vienas puses, un Kolumbiju un Peru, no otras puses

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/80.5


The Saeima has adopted and the President promulgated the following laws: for a trade agreement between the European Union and its Member States, of the one part, and the Colombia and Peru, on the other hand article 1. 26 June 2012 in Brussels signed a trade agreement between the European Union and its Member States, of the one part, and the Colombia and Peru, of the other part, (hereinafter referred to as the agreement) with this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement to coordinate the Ministry of economics. 3. article. The agreement shall enter into force on its 330. within the time limit laid down in the article and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The Parliament adopted the law in 2013 on April 4. The President of the Parliament instead of the President's Āboltiņ 2013 in Riga on 25 April, the trade agreement between the European Union and its Member States, of the one part, and the Colombia and Peru, on the OTHER hand, the Kingdom of Belgium, Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic 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, of the Treaty on European Union and the Treaty on the functioning of the European Union, hereinafter referred to as "the Contracting Parties members of the European Union", and the European Union, of the one part, and the Republic of Colombia, (hereinafter referred to as ' Colombia ') and the Republic of Peru ("Peru"), hereinafter referred to as the "Andean signatory States", of the other part The light between the European Union and its Member States and the signatory States And the existing historical and cultural links and special links of friendship and cooperation and the willingness of the parties to promote mutual economic integration; Firmly determined to strengthen this link, based on the existing mechanisms governing relations between the European Union and its Member States and the signatory States, And in particular for 2003 and on 15 December the signed political dialogue and cooperation agreement between the European Community and its Member States, of the one part, And the Andean Community and its Member States, of the other part (hereinafter referred to as "the political dialogue and cooperation agreement '); Reaffirming their commitment to the United Nations Charter and the Universal Declaration of human rights; Promoting global and regional trade development and consistent expansion and providing a catalyst for international cooperation; Desiring to promote comprehensive economic development aimed at reducing poverty, creating new employment opportunities and better working conditions, as well as to raise the standard of living in their territories, the liberalisation and expanding trade and investment between these areas; Committing under the international commitments of the parties to implement this agreement in accordance with the objective of sustainable development, including with the aim of promoting economic growth, employment law and protect the environment, on the basis of their respective rights and obligations under the Marrakesh Agreement establishing the World Trade Organization (the "WTO Agreement"); Firmly resolved to eliminate trade distortions and prevent unnecessary barriers to trade; Firmly determined to develop a clear and mutually advantageous rules governing trade and promote trade and investment, as well as regular dialogue on these issues; Desiring to promote their competitiveness in the international markets, providing a predictable regulatory framework for mutual trade and investment; Taking into account the differences that exist between And the signatory States and the European Union and its Member States of the economic and social development; Affirming their rights as widely as possible to use the multilateral system provided flexibility for the protection of the public interest; Recognizing that the signatory States And the Andean Community has members and that of the Andean Community decision No. 598 provides that the Member States agreeing on trade agreements with third countries, the Andean Community Member States, in their mutual relations remains in force And the national legal system; Recognizing the importance of the regional integration process in the European Union And the Andean Community in the signatory States as members, have agreed on the following. Title I PRELIMINARY provisions Chapter 1 the basic elements of article 1 General principles under the political dialogue and cooperation agreement article 1 point 1 of the parties ' internal and international policy is based on the Universal Declaration of human rights established the democratic principles and fundamental human rights, as well as the principle of the rule of law. Compliance with these principles is an essential element of this agreement. Article 2 the disarmament and non-proliferation of weapons of mass destruction 1. the parties consider that the proliferation of weapons of mass destruction and their means of delivery, both States and non-governmental bodies is one of the most serious threats to international stability and security. 2. The parties therefore agree to cooperate and to contribute to the fight against weapons of mass destruction and their means of delivery, in full compliance with and national implementation of their commitments by concluding international agreements, treaties and other international obligations of disarmament and non-proliferation. 3. Jointly promoting disarmament and non-proliferation of weapons of mass destruction, the implementation of the objectives of the parties agree to cooperate to reach a signed agreement in this area and the implementation of universalizācij. 4. the parties agree that the present article 1 and 2 are an essential element of this agreement. Chapter 2 General provisions article 3 of the free trade area the parties hereby establish a free trade area in accordance with the 1994 General Agreement on tariffs and trade ("GATT 1994") and Article XXIV of the General Agreement on trade in services (the "GATS") of article V. Article 4 objective the objectives of this agreement are: a) gradual liberalization of trade in goods in accordance with Article XXIV of the GATT 1994; (b)) to promote trade in goods, in particular, the application of customs and trade facilitation rules, standards, technical regulations, conformity assessment procedures and sanitary and phytosanitary measures, as agreed; c) gradually to liberalize trade in services under GATS Article V; (d) investment flows) to develop an enabling environment for growth and, in particular, to improve the conditions of establishment between the parties on the basis of the principle of non-discrimination; e) to promote trade and investment liberalisation between the parties, with direct investment related current payments and capital movements; f) actually and mutually open public procurement markets of the parties; (g)), and effectively protect intellectual property rights in accordance with international regulations, in force between the parties, while ensuring a balance between intellectual property rights holders and the public interest; (h)) to carry out an economic activity, in particular the relations between the parties related action, in accordance with the principle of free competition; (I)) to create a quick, efficient and predictable dispute resolution mechanism; (j)) to facilitate international trade so as to promote the implementation of sustainable development goals, and to work to integrate and reflect this objective in their trade relations, and k) to ensure that cooperation in the field of technical assistance and capacity-building for trade between the Parties shall promote the implementation of this agreement and provide the optimal use of the opportunities under the existing legal framework and the institutional system. Article 5 relationship to the WTO agreement the parties reaffirms existing rights and obligations that exist between them under the WTO agreement. 6. Article 1 of the definition of the Parties applying this agreement:-"half" of the European Union or its Member States or the European Union and its Member States in their respective areas of competence, as derived from the Treaty on European Union and to the Treaty on the functioning of the European Union ("EU") or each of the signatory States And; "Party" means party to the EU, on the one hand, and each of the signatory States And, on the other hand. 2. If this agreement, specific or individual commitment to a particular Member State or of the European Union And the signatories, this particular country or countries referred to in the agreement accordingly. 3. in accordance with article 7 And other signatory States of the term "party" or "the other party" means the party to the EU, where such terms are used in this agreement. Article 7 scope of the agreement in the trade and economic relations 1. The provisions of this agreement are applied in relation to bilateral trade and economic relations between each of the signatory States And, on the one hand, and the EU, on the other hand; It does not apply to trade and economic relations between the individual And the parakstītājvalstīm1. 2. rights and obligations of the parties set out in this agreement do not affect the rights and obligations that exist between And the signatory States as the Andean Community Member States. Article 8 obligations each party is responsible for compliance with all the provisions of the agreement, including to comply with Central Government, regional or local governments and authorities, as well as non-governmental organizations, of which the Government or regulatory authorities have delegated certain powers, and shall take all measures necessary for the implementation of this agreement saistības2. 2. If either party considers that the other party has failed to fulfil its obligations under the agreement, it is used in section XII (settlement of disputes) of the dispute settlement mechanism and act in accordance with it. 3. Without prejudice to existing between the parties, political dialogue mechanisms, as in the case of breach of this agreement by the other party 1 and 2 elements referred to in article, either party may immediately adopt the appropriate measures in accordance with international law. That the other party within 15 days may require the parties to convene an urgent meeting to consider the situation carefully in order to find a satisfactory solution. The measures are proportionate to the infringement. Priority shall be given to those which least disturb the functioning of this agreement. These measures shall be revoked as soon as the reasons for it are lost. Article 9 geographical scope 1. This agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and Treaty on the functioning of the European Union, under the conditions laid down in those treaties and, on the other hand, in the territory of Colombia and Peru teritorijā3. 2. Notwithstanding paragraph 1, in so far as the European Union customs territory (hereinafter referred to as "the EU customs territory") includes the territory not covered by the definition of the territory in the previously established, this Agreement shall also apply to the EU customs territory. Article 10 regional integration 1. the parties recognise the importance of regional integration And the signatory States and the European Union's economic and social development, which allows the continuation of the strengthening of relations between the parties and contribute to the implementation of the objectives of this agreement. 2. the parties recognize and reaffirm that the process of regional integration between the Member States of the European Union and between the Andean Community Member States are significant as the mechanism by which can be achieved better trading opportunities and to promote the effective integration of these countries into the world economy. 3. the parties recognise that the Andean regional integration progress down the Andean Community Member States. 4. the parties recognize that, in their mutual relations And in the signatory States must act in accordance with And legal system under the Andean Community decision No. 598.5. in the light of the parties ' efforts to create the association between the two regions, all Andean Community countries becoming parties to this agreement, the Trade Committee will review the relevant provisions, in particular of this article and article 105, to adapt it to the new situation and to support regional integration processes. 3. Chapter definitions of general application article 11 definitions unless otherwise specified, the application of this agreement:-"days" means calendar days, including weekends and holidays; -"Parties" or "party goods product" is a local product under the GATT 1994 or such goods or products, agreed upon by the parties, and these terms apply to goods or products originating in that party, according to, as defined in article 19; -"legal person" means any legal entity established in or otherwise created under the laws in force for profit or for other purposes and which belongs to a private party or country, including any corporation, a Fund, a partnership, joint venture, sole proprietorship or association; "event" means any act or omission of the party, including the laws, procedures, decisions, administrative provisions or practice or any other form; "person" means a natural or legal person. Title II provisions on the institutions article 12 trade 1. the parties hereby establish a Committee on trade. This Committee includes representatives of each EU party and representatives of the signatory States of the Andes. 2. the Trade Committee shall meet at least once a year at the level of Ministers or representatives of such a level that this level may designate. In addition, on the basis of a written request of a party, the Trade Committee meeting can happen any time the level of senior officials who are authorized to adopt the necessary decisions. 3. the Trade Committee shall meet by rotation in Bogotá, in Brussels and in Lima, unless the parties agree otherwise. Each party will chair the Trade Committee for one year in rotation. 4. Without prejudice to article 1, the Committee may meet in sessions in which only the EU side and one of the signatory States, And on the issues: a) only with related bilateral relations between the EU and the Andean signatory or b) is discussed in the "specialised bodies", in which only the EU has participated in the party and signatory States, the Andean and transferred to the Trade Committee. If the other signatory is the interest in the Andes, which planned to discuss the following session, it may participate in this meeting if the EU party and signatory to the Andes it is agreed to. Article 13 the Committee of trade functions, 1. the Trade Committee shall: (a)) shall monitor and promote the operation of this agreement and that the correct application of the rules and look for other ways to achieve its general objectives; (b) the application of the agreement) assess the results achieved, in particular the mutual trade and economic relations; (c) the specialized) monitoring bodies established under this agreement, and shall make recommendations on required action; d) assess and decide upon it, as provided for in this agreement, with respect to any matter referred to it by a specialized body set up in accordance with this agreement; e) oversee the application of article 105; f) monitors the further development of the agreement; g) without prejudice to section XI (settlement of disputes) of the rights granted, and the other provisions of this agreement, consider how best to prevent or solve the problems arising in connection with this agreement, included questions; (h)) at its first meeting, adopt rules of procedure and the code of conduct referred to in article 315 of the arbitrators; (I) determine the remuneration of the arbitrators) and reimbursable costs of the arbitrators; j) adopt its rules of procedure, as well as the timetable of meetings and agendas of meetings; (k) other interest) examine questions relating to any of the scope of the agreement. 2. the Trade Committee shall be: (a)) to establish and delegate responsibilities to the specialized bodies; (b)) to receive or request information from all interested parties; (c)) to agree on the opening of negotiations with the aim of extending the liberalisation that has already achieved in the area of application of the agreement in the sectors; d) examine any amendment to the provisions of this agreement or an amendment adopted in accordance with each party's internal legal procedures; e) accept skaidrojumus4 the provisions of this agreement. The Tribunal, established under Title XII (settlement of disputes), take note of these explanations; (f)) in accordance with the agreement of the parties to take other actions, of their functions; g) to contribute to the attainment of the objectives of this agreement, making it certain amendments: (i) in annex I) (the abolition of the tariff schedule) with the aim to add one or more items, which are not included in the tariff abolition of one of the parties in the schedule; (ii) in annex I) (the abolition of Tariff schedules) timescales specified with the purpose of accelerating the tariff reduction; (iii) specific rules of origin), annex II (on the concept of "originating products" and methods of administrative cooperation); purchase veicējo, IV) referred to in annex XII (public procurement) in Appendix 1; v) in annex VII (relating to establishment) and annex VIII (list of obligations in relation to cross-border supply of services) and in the context of lists included in annex IX (reservations relating to provisional individuals presence business needs), and the reservation referred to in vi) other arrangements by the Trade Committee shall have the right to amend it if it is expressly provided in this agreement. Each Party shall, in accordance with its legal procedures, introducing all the amendments referred to in. 3. the Trade Committee may examine the impact of this agreement on the parties ' micro-enterprises and small and medium-sized enterprises (hereinafter referred to as "micro-enterprises and SMEs"), including its beneficial effects. 4. as far as possible, the party of the Trade Committee shall exchange information on the contracts that are created or amended by customs unions or free trade areas, and upon request also on other important matters relating to each party's trade policy in relation to third countries. 5. in the implementation of the functions mentioned in this article, the Trade Committee may take decisions according, as provided for in this agreement. Article 14 decisions 1. the Trade Committee shall take decisions by consensus. 2. the Committee on trade the decisions taken shall be binding on the parties, which shall take all necessary measures to implement these decisions. 3. In the cases referred to in article 12, paragraph 4, all decisions shall be taken by the party concerned And the EU and the signatory States, and these decisions apply only to the relations between the parties, provided that these do not affect the other Andean, the rights and obligations of the signatory States. Article 15 Specialized structures 1. This agreement establishes the following subcommittees: (a) market access Subcommittee); (b) agricultural Subcommittee); c) Technical Subcommittee on trade barriers; d) customs, trade facilitation, and the Subcommittee on rules of origin; e) procurement Subcommittee; f) trade and sustainable development Sub-Committee; g) sanitary and phytosanitary measures Subcommittee, and h) intellectual property Subcommittee. 2. any specialised bodies established by the agreement, includes the EU side representatives and representatives of the signatory States of each of the Andes. 3. With the agreement of specialized bodies established competence areas and responsibilities are laid down in the relevant sections. 4. the Trade Committee may establish other subcommittees, working groups or other specialized structures to support his mission. The Trade Committee shall determine the composition of specialized structures, responsibilities and rules of procedure. 5. Specialized structures sufficiently inform the Trade Committee on its meeting schedule and agenda of these meetings. About their activities they report each Trade Committee meeting. 6. Notwithstanding paragraph 2, any specialized structure can meet the hearing, attended by the EU side and only one of the signatory States, And if the hearing is being discussed questions related only to the bilateral relations between the EU and the Andean signatory States. 7. If another signatory States is interest in the Andes, which planned to discuss the following session, it may participate in this meeting if the EU party and signatory to the Andes it is agreed to. Article 16 of the agreement coordinators 1. Each Party shall designate a coordinator agreement and shall notify it to all other parties not later than the entry into force of this agreement, dienā5. 2. the Coordinator of the agreement: (a) the Committee on trade) will prepare the agenda for the meetings and coordinates the preparations for these meetings; (b) in the case of the watch) where the Trade Committee of the implementation of the decisions made; c) acts as a contact point to facilitate communications between the parties on any application of this agreement within the scope of the question, unless otherwise provided for in this agreement; d) receives notice and information provided in connection with this agreement, including the reports submitted to the Trade Committee notice or information, unless otherwise specified, and e) on the basis of the request of the Trade Committee, any other matter that may affect the operation of this agreement. 3. the agreement coordinators can meet as often as necessary. Title III trade in goods Chapter 1 market access of goods section 1 common provisions article 17 the parties aim to gradually liberalise trade in goods in the transitional period from the date of entry into force of this agreement in accordance with the provisions of this agreement and in conformity with Article XXIV of GATT 1994. Article 18 scope unless otherwise provided in this agreement, this chapter applies to trade in goods between the parties. Article 19 definitions for purposes of this section:-"customs tax" means any tax or levy imposed on the importation of goods or in connection with it, including all types of additional duty or surcharge imposed on the following imports, or in connection with it. For "customs duty"): (a) the fees are not considered equivalent to an internal tax imposed on under the GATT 1994 article III; (b) anti-dumping, or countervailing) protection payments applicable in accordance with the GATT 1994, the WTO agreement on implementation of article VI of the GATT 1994 (the "anti-dumping agreement) and the WTO agreement on subsidies and countervailing measures (hereinafter" subsidies agreement ") and the WTO agreement on safeguard measures (hereinafter referred to as" the safeguard Agreement "); (c) fees or other charges), imposed in accordance with article VIII of GATT 1994; -' originating product or product "means a product, or a product that complies with annex II (on the concept of" originating products "and methods of administrative cooperation) the rules of origin laid down. Article 20 of the classification of goods in trade between the parties in the use of the classification of goods set out in each party's respective tariff nomenclature in accordance with the 2007 the harmonized commodity description and coding system ("HS") and subsequent amendments. Article 21 national treatment 1. Each Party shall apply national treatment to the goods of the other party in accordance with article III of the GATT 1994, including its explanatory notes. To this end article III of the GATT 1994 and its interpretative notes have been included in this agreement and, mutatis mutandis, to become part of it. 2. Greater clarity, the parties confirm that any Government can level national treatment means treatment that is no less favourable than the regime that the relevant administrations can level like, directly competitive or substitutable goods, including local products of the territory, which includes this level of administration or can jurisdikcijā6. section 2 customs duties abolition article 22, the abolition of customs duties 1. Unless otherwise provided in this agreement, each party will abolish its customs duties on the goods of the other party in accordance with Annex I (abolition of the tariff schedule). 2. All the goods the customs tax rate, which is then reduced in accordance with paragraph 1, are laid down in annex I (the abolition of the tariff schedule). 3. If, after the date of entry into force of this agreement, the party reduced its applied most favoured nation (MFN) customs duty, that duty shall apply only if this is lower than the customs duty calculated in accordance with Annex I (abolition of the tariff schedule). 4. At the request of a party, the Parties shall consult on the annex I (tariff elimination schedules) the abolition of the customs duties laid down in the acceleration and expansion of the scope of application. 5. any decision of the Committee on trade on the abolition of customs duty acceleration or extension of the scope of application in accordance with article 13, paragraph 2 (g)) of any classification or category, established on the basis of annex I (the abolition of the tariff schedule). 6. unless otherwise provided in this agreement, no party may not raise the customs duties in annex I (the abolition of the tariff schedule) defined as a basic rate, or to adopt new customs duty on imports of goods of the other party. 7. in paragraph 6 of this article shall not prevent any party: (a) to increase the customs duty) to the level laid down in annex I (tariff elimination schedules) for the year, after its unilateral reduction or b) maintaining or increasing a customs duty under the WTO understanding on rules and procedures governing the settlement of disputes (the "DSU"), or section XI (settlement of disputes). section 3 non-tariff measures article 23 restrictions on imports and exports is not one of the parties does not accept or not maintaining the prohibition or restriction in respect of the other goods the import or export of goods for sale or for export to the territory of the other party, unless this agreement or in accordance with article XI of the GATT 1994 and its interpretative notes otherwise. In this respect, article XI of the GATT 1994 and its interpretative notes have been included in this agreement and, mutatis mutandis, to become part of it. Article 24 fees and charges 1. Each Party shall, in accordance with article VIII of the GATT 1994 and the explanatory notes provide that all fees and charges regardless of their nature (other than customs duties, charges equivalent to an internal tax or other internal charges imposed pursuant to article III of the GATT 1994 and the anti-dumping or countervailing duties) imposed on the import or export of, or in connection with , the approximate cost of services rendered and does not provide direct protection for domestic products or does not import or export taxation for fiscal purposes. 2. No party shall not apply the requirements of the consular operāciju7, including related fees and charges in relation to the imports of the other party. 3. Each Party shall, preferably via the internet, up-to-date information on all fees and charges to be applied in relation to imports and exports, and provide access to such information. Article 25 customs duties and taxes unless otherwise provided in this agreement, no party shall adopt or not maintaining the levy or tax, which is not internal payments, which shall be applied in accordance with article 21, relating to the export of goods on the territory of the other party, or in connection with it. Article 26 Import and export licensing procedures 1. no party shall adopt or not maintaining the measures, which are contrary to the WTO agreement on import licensing procedures (hereinafter referred to as "Import licensing agreement"), which is incorporated in this agreement and shall apply, mutatis mutandis, becomes its ingredients. 2. Each Party shall apply mutatis mutandis to the Import licensing agreement in all licensing procedures that are applied in relation to the exportation of goods on the other side. In relation to exports to those applied in the licensing procedure, the Parties shall inform each other of the Import licensing agreement provided for in article 5. 3. "Import Licensing" is an administrative procedure that is used to import licensing mode activities requiring application submission or other documentation (other than that required for customs purposes) to the relevant administrative body as a pre-requisite for import into the territory of the importing party. 27. Article 1 of State trading companies. for the purposes of this agreement, "the State trading companies" are public or non-public enterprises at the central level to the central level and the level of the Council, including trade, which have been granted exclusive or special rights or privileges, including constitutional or legislative powers, which they use to with purchase and sales transactions would affect the level of imports and exports or virzienu8. 2. the parties recognise that the activities of State trading enterprises should not create barriers to trade and, to this end, undertake to comply with the obligations laid down in this article. 3. the parties reaffirm their existing rights and obligations laid down in article XVII of the GATT 1994, the explanatory notes and the complementary regulations and agreement on the 1994 General Agreement on tariffs and trade, the interpretation of article XVII, which are hereby incorporated in this agreement and shall apply, mutatis mutandis, becomes its ingredients. 4. in particular, each Party shall ensure that the national trading companies comply with the commitments undertaken by each party in this agreement when they make a purchase or sales, or exercise their powers, including legislative and constitutional powers that the party has delegated to them at the central level to the central level or subject level. 5. the provisions of this article shall not affect section VI (public procurement) set out the rights and obligations of the parties. 6. If, in connection with which the parties submitted in accordance with article XVII of the GATT 1994, one party receives a request to provide additional information on State trading enterprises the impact on bilateral trade, it makes every effort to ensure the best possible transparency and thus under the GATT 1994 article XVII, paragraph 4, subparagraph (d)) for confidential information to answer these requests, the purpose of which is to receive the information that is essential in order to determine whether State trading enterprises shall comply with the obligations of this agreement. section 4 of the agricultural commodities article 28 within the scope of this section shall apply to the measures applied by the parties or leave the force for their agricultural goods (hereinafter referred to as "agricultural goods") trade with the WTO agreement on Agriculture (hereinafter referred to as the ' agriculture agreement '), contained in annex I to definīcijai9. Article 29 agricultural safeguard measures 1. Notwithstanding the provisions of article 22 as agricultural protection measures of a party may apply to the additional import duty on originating agricultural goods listed in its annex IV (agricultural safeguard measures) in the list, provided that the conditions of this article. No additional import duties and other such goods placed under a customs duty amount must not exceed the smaller of the following values: (a) the MFN applied rate) or (b)) the basic rate according to, as set out in annex I (the abolition of the tariff schedule). 2. a party may apply a quantitative measure of the calendar year if, at the time when originating products are imported into the customs territory, such a volume of imports this year has exceeded the limit for such a product set out in annex IV (the agricultural safeguard measures) included in the list. 3. any additional duty, which shall apply on the basis of paragraphs 1 and 2, annex IV (agricultural safeguard measures) in the party list. 4. the parties may not be applied to agricultural protection measures based on this article, and for the same item at the same time to apply or leave in force: (a) appropriate preventive measures), Chapter 2 (trade defence instruments) or (b) the measures under the GATT) 1994 and article XIX safeguard agreement. 5. no party may adopt or maintain the agricultural safeguard: a) from the date of the item in relation to apply for duty-free treatment in accordance with Annex I (tariff elimination schedules), if b) provides otherwise, or (b)) at the end of the transitional period specified in annex IV (the agricultural safeguard measures) included in the list, or (c)) that increase the customs duty tariff rate quota. 6. Ten days after application of agricultural protection measures pursuant to paragraph 1 and 2, the party applying the measure, it shall notify in writing to the exporting Party and give the reasons for the application of this measure and relevant data. The party applying the measure shall provide to the exporting Party the opportunity to discuss the conditions for the application of this measure in accordance with the aforementioned points. 7. Each Party retains its agricultural agreement article 5 rights and obligations, except for rights and obligations in trade in agricultural products for the benefit of the treatment is applied. Article 30 the acceptable price range the system unless otherwise provided in this agreement: (a)) may be applied to Colombia And the acceptable price range the system established by the Andean Community decision No. 371, and its subsequent modifications or systems set up for the area of application of this decision under the agricultural goods; (b)) may be applied to the Andean Peru allowable price range the system established by Supreme Decree No 115-2001-EF and its subsequent modifications or systems set up in relation to the scope of this Decree constituent agricultural goods. Article 31 entry price system unless otherwise provided in this agreement, the EU side can be applied to the entry price system established by Commission Regulation (EC) No 1580/2007 of 21 December 2007 fixing the Regulation (EC) No 2200/96, (EC) No 2201/96 and (EC) no 1182/2007 implementing rules in the fruit and vegetable sector, and further modifications of the system or systems. 32. Article export subsidies and other measures of equivalent effect in this article 1 the term "export subsidies" used in the sense given to it in article 1 of the agreement on agriculture the e), including all the amendments to this article. 2. The parties have a common goal to work together in the WTO to reach agreement and abolish export subsidies and other measures of equivalent effect regarding agricultural goods. 3. after the entry into force of this agreement, the Parties shall continue to apply to, or renewed for, export subsidies or other measures of equivalent effect in respect of the importation into the territory of the other party for the agricultural goods which are fully liberalised immediately or that are fully liberalised, but not immediately, and in respect of which the entry into force of this Agreement shall apply duty-free quota under annex I (abolition of the tariff schedule). 4. The Parties shall continue to apply to, or renewed for, export subsidies or other measures with equivalent effect regarding agricultural goods has been liberalized completely, but not immediately, and for which the entry into force of this agreement, do not apply duty-free quota, from the date when the goods are fully liberalised. 5. Without prejudice to paragraph 3 and 4, if the party continues to apply, established or renewed subsidies or other measures with equivalent effect in relation to partially or fully liberalised agricultural exports on the other side, then to the export subsidy period, the importing party may apply to the additional tariff, which rises in relation to the import of such goods the customs duties applied to the basic rate of tax to the level or the MFN level laid down in annex I (the abolition of Tariff schedules) depending on which of these levels is lower. 6. the importing party shall cancel the additional tariff imposed on the basis of paragraph 5, the exporting Party shall provide it with detailed information demonstrating compliance with the provisions of this article. Article 33 management of tariff quotas and application of 1. Each Party shall apply and administer the tariff quota for imports of agricultural goods, set out in annex I (the abolition of the tariff schedule) in accordance with article XIII of the GATT 1994, including its explanatory notes, and the Import licensing agreement. 2. the parties administering tariff quotas for imports of agricultural goods line. 3. at the request of the exporting Party to the importing party shall consult with the exporting Party to the importing party's tariff quota administration. These consultations will replace consultations laid down in article 301, if they comply with that laid down in paragraph 9 of article requirement. section 5 administrative ERROR management article 34 administrative error management If a party, the competent authorities shall authorise the export advantage of errors in the correct management of the system, and in particular annex II (on the concept of "originating products" and methods of administrative cooperation) in the application of the rules and this error the application of import duties taxes, after this issue between the parties from the technical point of view is discussed in article 68 of customs, trade facilitation, and the Subcommittee on rules of origin, the party facing such consequences may request the Committee to consider the possibility of trade to adopt all appropriate measures to resolve this situation. The decision of the Trade Committee of the relevant measures adopted by all parties in agreement. section 6 of article 35 the SUBCOMMITTEE on market access Subcommittee 1. the parties hereby establish a Sub-Committee on market access, which includes representatives of each party. 2. the Subcommittee shall meet at parties or at the request of the Trade Committee to discuss any issues that do not fall within the other subcommittees established in this chapter. 3. The Sub-Committee shall, inter alia, the following functions: (a) promoting trade in goods) between the parties, including consultations on accelerating tariff elimination and extension of the scope of application in accordance with this agreement and on other issues according to the requirement; (b) such non-tariff) examine measures which may restrict trade in goods between the parties, and, if necessary, submit the following questions for consideration in the Committee on trade; (c)) provides advice and recommendations to the Committee on Trade cooperation needs market access issues; (d) provide recommendations for all views) differences which may exist between the parties with the HS amendments related issues, including in the classification of goods and shall endeavour to resolve this difference of opinion, in order to ensure that the parties are not amended by the obligations laid down in this agreement. 36. Article agricultural Subcommittee 1. the parties hereby establish a Sub-Committee on agriculture, which includes the EU and each of the parties And the representatives of the signatory States. 2. Agricultural Subcommittee: (a) monitor the section 4) implementation and administration and contribute to cooperation in this field, in order to facilitate agricultural trade between the parties; (b)) trying to prevent any undue obstacle to agricultural trade between the parties; (c)), in cooperation with other relevant subcommittees, working groups or other specialised bodies set out in this agreement, shall make recommendations to the section 4 related matters; d) assess agricultural development of trade between the parties and the impact of this agreement on each side of the agricultural sector, as well as the operation of the instruments of the agreement and recommend appropriate measures to the Trade Committee; e) perform additional tasks may be delegated to it by the Committee of trade, and (f)) reported on the results achieved by the functions referred to in this paragraph and shall submit the results referred to the Commerce Committee. 3. Agricultural Subcommittee shall meet at least once a year. If you have special circumstances, at the request of a party, the meeting of the Subcommittee takes the date on which the parties have agreed to, but not later than 30 days after the date of that request. Agricultural Subcommittee meetings can take place on a bilateral level, and chaired by the representative of the party that captures this meeting. 4. Agricultural Subcommittee on all decisions by consensus. Chapter 2 trade defence instruments section 1 anti-dumping and countervailing measures article 37 General provisions 1. the parties reaffirm their rights and obligations under the anti-dumping agreement and the subsidies agreement and the WTO agreement on rules of origin (referred to as "the rules of origin agreement"). 2. If a Community authority in two or more Member States of the Andean Community on behalf of the anti-dumping duty or countervailing measures or price undertakings, the only forum competent to review decisions of the Court of Justice of the Andean Community. 3. the Parties shall ensure that the anti-dumping measures on the same product at the same time does not apply to the regional authorities and the national authorities. This provision shall also apply to the compensatory measures. 38. Article 1 of the Transparency the parties agree that trade defence instruments should be used in full compliance with the relevant requirements of the WTO and that it should be based on a transparent system. 2. Recognizing the benefit of economic operators legal certainty and predictability, each Party shall ensure that its legislation on trade defence instruments to fully comply with the relevant WTO rules. 3. Without prejudice to the anti-dumping agreement and article 6.5 of the subsidies agreement 12.4 article, each Party shall ensure that, as soon as possible in accordance with domestic law following the imposition of provisional measures and, in any case, before the final decision is fully and openly discussed the essential meaningful facts, which is the decision on the application or non-application of the measures. The information is provided in writing and provided to the interested parties would have enough time to submit comments. 4. If it is not necessary to delay the investigation, the investigating authority at the request of the person concerned gives it a chance to be heard, so that it can express its views of trade defence instruments in the course of the investigation. 39. Article on the respect of the public interest in accordance with their national legislation and the EU side Colombia industrial users of the product, and importers, as well as, where appropriate, representatives of consumer organisations provide the opportunity to provide relevant information to the investigation. The investigating authority shall take account of the following information if it is considered relevant information, are justified by the evidence and submitted to the national statutory time limits. 40. Article less in the EU and Colombia payment terms regardless of the rights allocated to them in the anti-dumping agreement and the subsidies agreement on anti-dumping and countervailing duties, considers it desirable that the payment would be less than the dumping or subsidy margin if such lesser duty would be adequate to remove the injury to the domestic industry. 41. Article investigating authorities – in this section "investigating authority" shall be: (a)) in Colombia, the trade, industry and Tourism Ministry or its successor in title; (b) competition and Peru —) intellectual property protection National Institute or his successor in title; and (c)), the European Commission, the EU side. Article 42 Exclusion of dispute settlement mechanism in This section do not apply to section XI of the agreement (settlement of disputes). section 2 multilateral safeguard measures article 43 General provisions each Party retains its rights and obligations under article XIX of the GATT 1994, the safeguard agreement and the agreement on rules of origin. 44. Article transparency regardless of article 43 party that proposes an investigation or planning to adopt protective measures, at the request of the other party shall immediately give written notice to ad hoc with all required information, including, where appropriate, the initiation of the investigation on the defensive and the provisional findings of the investigation and the final opinion. 45. Article not at the application of safeguard measures in respect of one and the same product no one party should not be at the same time to apply the following measures: (a) a bilateral safeguard measure under) this chapter section 3 (Bilateral safeguard clause) and (b)) the measures laid down in article XIX of GATT 1994 and of the safeguard agreement. Article 46 investigation authority in this section "investigating authority" shall be: (a)) in Colombia, the trade, industry and Tourism Ministry or its successor in title; (b) competition and Peru —) intellectual property protection National Institute; and (c)), the European Commission, the EU side. Article 47 Exclusion of dispute settlement mechanisms on this section, with the exception of article 45 of the agreement does not apply to section XI (settlement of disputes). section 3 of the BILATERAL SAFEGUARD clause Article 48 bilateral application of the safeguard measures 1. Notwithstanding section 2 (multilateral safeguard measures), if the concessions set out in this agreement, a party of origin of goods are being imported into the territory of the other party in such increased amount, which is determined in absolute terms or relative to domestic production, and under such conditions that the serious injury or threat of serious injury to domestic producers, producing similar or directly competitive products , the importing party may adopt the appropriate measures, in accordance with the conditions laid down in this section and the procedures. 2. a party may apply a bilateral safeguard measures only transitional laikā10. 49. Article notifications and consultations 1. the Party shall immediately notify the exporting Party concerned of the initiation of the investigation and provisional measures and the imposition of definitive measures. 2. If a party considers that there are circumstances referred to in article 48 in the final measure or extension, it provides a reasonable opportunity to consult with the affected Parties in accordance with the legislation of each party, to review the available information, exchange of views on the application or extension of the measures and to reach a mutually satisfactory solution. 3. The above mentioned in paragraph 2, the consultations shall begin within 15 days of the date on which the affected party from the investigating authorities received the invitation to the consultation. 4. If the 45 days following the date on which the affected Party received invitations to deliberations are not made satisfactory the solution, the importing party may adopt measures to compensate for these conditions in accordance with this section. 5. a party may apply a bilateral temporary defensive mechanism, and for this purpose, prior consultation is required. Article 50 measures in every bilateral safeguard measures applicable in the importing party shall, on the basis of article 48, may include one or more of the following measures: (a)) the customs duty on the product in the future, according to the Parties included in annex I schedule (schedule of tariff removal)-suspension or (b)) the customs duty on the product increases to a level that does not exceed the most favoured nation customs duty of this product, which is in force at the time of adoption of the measure , or basic rate, specified in annex I (the abolition of the tariff schedule) schedule in the included parties, depending on which of these values is smaller. Article 51 procedure 1. Half of the bilateral safeguard measure shall be applied only after an investigation by the party's competent authorities have taken precautionary measures in accordance with article 3 of the agreement and, to this end, this article is included in this Agreement shall apply, mutatis mutandis, and becomes it. 2. any investigation by any party shall, on the basis of paragraph 1, a safeguard measure agreement complies with article 4, paragraph 2 (a)) and article 4, paragraph 2 (c)), and in this respect, safeguard agreement article 4 paragraph 2 (a)) and article 4, paragraph 2 (c)) is included in this Agreement shall apply, mutatis mutandis, and becomes it. 3. in addition to paragraph 2, the investigator shall provide objective evidence of a causal link between the product of the exporting Party's increased imports and the serious injury or the threat of such damage. 4. Each Party shall ensure that its competent authorities shall complete such investigations in its national law within the prescribed period, not exceeding 12 months from the date of initiation of the investigation. 52. Article measure conditions and duration of application 1. The Parties shall apply: (a) bilateral safeguard measures) only to the extent that and for as long as necessary to prevent or remedy serious injury, pursuant to article 48; (b)), for a period not exceeding two years; exceptionally, this period may be extended for another two years if: (i)) of the importing party, the competent authorities in accordance with the relevant procedures of article 51 establishes that the measure is still necessary to prevent or remedy serious injury, pursuant to article 48, and ii) there is evidence that the domestic industry should make adjustments; the total duration of application of safeguard measures, namely, the initial period of application and extension, not exceeding four years. 2. If a party suspends bilateral safeguard measures, it shall apply the rate of customs duty that would be valid in accordance with Annex I (the abolition of Tariff schedules) Parties included in the list, if the measures are not implemented. 53. Article provisional measures 1. In critical circumstances where delay would cause damage which would be difficult to repair, a party may apply a bilateral temporary defensive mechanism pursuant to provisional findings that there is clear evidence that the imports of products originating in the parties have grown in accordance with Annex I (abolition of the tariff schedule) made tax cuts or abolition and that such imports cause referred to in article 48 of the serious injury or the threat of such damage. 2. the duration of the provisional measures shall not exceed 200 days, and during this period the party to act in accordance with article 49 and article 51 1, 2, and 3. the requirements set out in paragraph 1. 3. If the investigation does not identify compliance with the requirements of article 48, the Party shall immediately repay the entire amount of the increase in customs duties to be applied on the basis of paragraph 1. The duration of the provisional measures included in article 52 1 b) period. 54. Article 1 of the compensation to the party that wishes to extend the period of application of a bilateral safeguard measure, consult the party against whom the measure is the product suitable to make appropriate compensation in the form of a concession, which would be equivalent to the impact of trade. The importing party shall provide the opportunity for such consultations no later than 30 days before the period of application of protection measures in bilateral extension. 2. If, within 30 days after the bid to carry out the consultations referred to in paragraph 1 are not in agreement on compensation and the importing Party decides to extend the preventive measure by the party in respect of which the product is applied to the safeguard measure may suspend concessions equivalent for the party, which extended the trade measure. 55. Article repeated application of Such a measure of imports of the product in respect of which the above is the appropriate safeguard measures referred to in this section, the following protective measures shall be applied one time for a period equal to half the period of application of the measure last time, if since the previous application period has passed for at least one year.
56. Article European Union outermost reģioni11 1. If the product, which is the country of origin And in the signatory States, are imported into the outermost regions of the Union (the "EU outermost regions") in the territory in such increased quantities and under such conditions as to seriously impair the economic situation of these regions or cause deterioration of such a threat, the EU examining the alternative solutions of exception may apply safeguard measures only in the region (s) (s). 2. the safeguard measures shall be applied in the outermost regions of the EU in accordance with the provisions of this chapter. 57. Article the competent authority for the purposes of this section, the competent authority shall be: (a)) in Colombia, the trade, industry and Tourism Ministry or its successor in title; b) Peru: foreign trade and Tourism Ministry or its successor in title; and (c)), the European Commission, the EU side. 3. the DEPARTMENT of customs and trade facilitation article 58 1. Parties recognize that customs and trade facilitation issues the importance of global trade. The parties agree to reinforce cooperation in this area, to ensure that each party's relevant legislation and procedures, as well as the administrative ability to match the effective control and trade facilitation objectives. 2. the parties recognise that there is no need to jeopardize any legitimate public policy objectives, including the goals related to security and the prevention and combating of fraud. 59. Article With customs and trade-related procedures 1. Each Party shall establish effective, transparent and simplified procedures to reduce costs and ensure predictability for importers and exporters.
2. The parties agree that their respective laws and procedures in the field of trade and customs are based on: (a) international instruments and standards) applicable in the area of customs and trade, including the revised Kyoto Convention on the simplification and harmonisation of customs procedures (hereinafter referred to as "the revised Kyoto Convention"), of the International Convention on the harmonized commodity description and coding system the harmonized (hereinafter "HS Convention '), the World Customs Organization's framework of standards and global trade facilitation (hereinafter" the WCO safe ") and the WCO Customs data model (hereinafter the" data model ") the essential elements; (b)) the need to protect and promote trade, effectively applying and respecting the regulatory requirements; (c)) the requirements for operators that are based, does not lead to discrimination and preventing fraud; (d)) of the single administrative document or use the electronic version of the submission of the customs declaration, when imported or exported goods; e) application of modern customs techniques, including risk assessment, simplified procedures for entry and release of goods, control of pēcizlaišan and company audit methods; f) system, including information technology-based systems, progressive development, to facilitate the electronic exchange of data between economic operators, customs authorities and other related agencies. To this end, each Party shall, as far as possible, gradually form a single point of contact to facilitate foreign trade activities; g) rules that ensure that any sanction applied on the customs regulations or procedural requirements of infringement is proportionate and does not lead to discrimination, and which do not unduly delay the release of the goods; h) fees and charges that are proportionate and not exceed the cost of the services rendered in connection with a specific transaction, and are not calculated in accordance with the ad valorem principle. Fees and charges do not apply for consular services; I) claim for pre-shipment inspection or similar checks mandatory use of abolition; and (j)) the need to ensure that all competent authorities involved in the import or export of controlled goods and physical examination shall carry out their activities at the same time and in one place whenever you can. 3. in order to improve working methods, as well as prevent discrimination, ensure transparency, efficiency, integrity and accountability, each Party shall: (a)) take further measures with a view to reducing, simplifying and streamlining customs and other agencies required data and documentation; b) wherever possible, simplify requirements and formalities, in order to ensure product quick customs clearance and release, allowing importers to obtain the release of the goods without paying customs duties, if they submit in accordance with national law, in order to ensure that customs duties, fees, and payment of the final instalment; (c) introducing effective, fast), non-discriminatory and easily accessible procedures to guarantee the right to appeal rulings and customs administrative decisions that affect the importation of goods, export or transit. Procedures are also readily available to micro and SMEs; and (d)) provides the highest standards of integrity in the application of measures that reflect the relevant international conventions and instruments in this field principles. preliminary ruling article 60 1. On the basis of a written request, each Party shall, before the goods are imported in the territory with their competent authorities provide written prior rulings in accordance with its laws and regulations concerning the tariff classification, origin or other related issues, on which the parties may agree. 2. in the light of their national provisions included in the confidentiality requirements, each Party shall publish, as far as possible by electronic means, to their previous rulings on tariff classification and other related matters agreed between the parties. 3. to promote trade, the Parties shall consult regularly in the bilateral dialogue in the current information on changes in their respective legislation, related to point 1 and 2 of the matters referred to. 4. all procedural matters relating to the issuance of the preliminary ruling is subject to the legislation of each party according to the WCO international standards. These procedures shall be published and shall be publicly available. 61. Article 1 of the Risk control each party uses a risk management system to their customs authorities ensure their inspection measures oriented to high risk operations and accelerate a low risk product release. 2. The importing party shall take into account the measures taken by the exporting Party, in connection with the trade supply chain protection. 3. the Parties shall work to ensure the exchange of information on risk management techniques that apply to the Customs authorities, subject to the confidentiality of information, and whenever necessary, transmit knowledge. Article 62 a recognized operator parties shall facilitate the authorised economic operator (hereinafter "the AEA") concept implementation according to the WCO safe. Half the security status and AEA trade benefits under its own legislation granted those operators that meet its customs security standards. 63. Article 1 party Transit provides free transit through its territory to the most comfortable route. 2. Any restrictions, controls or requirements must meet the legitimate public policy purpose, and must be non-discriminatory, proportionate and appropriate. 3. Without prejudice to legitimate customs control of goods in transit and the monitoring of transit traffic to the side of any party, or of the applicable regime which are no less favourable than the regime that applied to transit traffic through its territory. 4. the Parties shall use bezmuit transport mode, which allows the transit of goods without paying customs duty or other charge, provided that you provide an adequate guarantee. 5. the Parties shall encourage regional transit measures to reduce barriers to trade. 6. the Parties shall use international standards and instruments relating to transit, and build on them. 7. the parties in their territory provide all relevant institutions and agencies of cooperation and coordination to facilitate transit traffic and promote cross-border cooperation. 64. Article relationship with operators, the parties agree: (a)) with ensuring that all customs related legislation and procedures, as well as the customs duties, taxes, fees and charges are available to the public, as far as possible by electronic means and, where appropriate, together with the necessary explanations; b) to ensure, to the extent possible, the proper period between a new or amended with customs issues related legislation and procedures, and also the customs tax, fee or charge and their entry into force; (c)) to offer entrepreneurs the opportunity to express their views on legislative proposals and procedures in the field of customs. In this respect, each Party shall establish mechanisms for the exchange of views between the Administration and entrepreneurs; d) available to the public in the appropriate administrative notifications, including agency requirements and entry procedures, ports and crossing points existing customs administrations and also the contact point for the provision of information on the working time and operating procedures; e) to promote cooperation between economic operators and the relevant trade-related institutions, using established and publicly available procedures, to combat fraud and illegal activities, improve supply-chain security and facilitate trade; and (f)) to ensure that their respective Customs and related requirements and procedures continue to meet the needs of merchants and best practices and to its minimum influence trade. Article 65 the determination of the customs value the customs value rules, which apply to trade between the Parties shall be governed by the GATT 1994 agreement on implementation of article VII (hereinafter referred to as "the agreement on the customs value"). 66. Article 1 of the customs cooperation the Parties shall encourage and facilitate cooperation between their respective Customs services, in order to ensure that you achieve the objectives set out in this chapter, in particular, to guarantee the simplification of customs procedures and legal trade promotion, while maintaining their control capacity. 2. the cooperation referred to in paragraph 1, the following, among others: (a) the gets) the exchange of information on customs legislation, procedures and practices in such matters: i) Customs procedures simplification and modernisation; and ii) relations with economic operators; (b) develop joint initiatives) the areas for which the parties have agreed; and (c) the promotion of coordination between related) agencies. 3. cooperation in connection with the measures taken by the Customs authorities to ensure the enforcement of intellectual property rights, implemented with Title VII (intellectual property). 67. Article mutual assistance administration of the parties to provide mutual administrative assistance in customs matters in accordance with annex V, (mutual administrative assistance in customs matters) rules. Article 68 of customs, trade facilitation and rules of origin of the Subcommittee 1. The Parties shall establish a customs, trade facilitation, and the Subcommittee on rules of origin, comprising representatives of each party. The parties agree in advance on the date of the meeting of the Subcommittee and the agenda, and rotate each party led by Subcommittee for a period of one year. Report of the Subcommittee on Trade Committee. 2. the Sub-Committee shall, inter alia: (a) monitor and this chapter) Appendix II (on the concept of "originating products" and methods of administrative cooperation) implementation and administration; (b)) provides a forum to discuss and discuss on all issues concerning customs, in particular customs procedures, customs value, tariff regimes, customs nomenclature, customs cooperation and mutual administrative assistance in customs matters; (c)) provides a forum to consult and discuss on issues relating to rules of origin and administrative cooperation; d) improve cooperation on customs procedures, mutual administrative assistance in customs matters, rules of origin and administrative cooperation in the development, application and reinforcement; (e) submit to the Trade Committee) making proposals to the annex II (on the concept of "originating products" and methods of administrative cooperation); f) provides a forum to consult and discuss on the requirements for cumulation of origin in accordance with annex II (on the concept of "originating products" and methods of administrative cooperation) articles 3 and 4; g) seek mutually satisfactory solutions between the parties of a dispute after the verification process carried out in accordance with annex II (on the concept of "originating products" and methods of administrative cooperation) article 31; h) seek mutually satisfactory solutions between the parties of a dispute concerning the tariff classification of goods. If the issue is not resolved in these deliberations, the referral shall be made to the WCO Harmonized System Committee. Such decisions are binding on the parties. 3. the parties may agree to convene ad hoc meetings for customs cooperation or for rules of origin and mutual administrative support. 69. Article technical support customs and trade promotion 1. The parties recognise the technical support of the Customs and trade facilitation in the area of importance to the obligations set out in this chapter. 2. the parties agree to cooperate in particular in the following areas, but not limited to: (a) the improvement of interinstitutional cooperation) between the parties; (b) provision of knowledge and ability) the improvement of the legal and technical issues, to develop and implement customs legislation; (c) the modern customs techniques), including risk management, binding the previous ruling, the customs value, the simplified procedure for entry of goods and release of pēcizlaišan controls, auditing methods and the application of EA; (d)) the procedures and practices that may reflect the Customs and trade instruments and applicable international standards, including the provisions of the WTO and WCO instruments and standards, inter alia, the revised Kyoto Convention and the WCO safe; and (e)) the simplification of customs procedures, harmonisation and automation. 70. Article 59 of the agreement on Implementation of article f) and article 60 of Peru shall enter into force two years after the entry into force of this agreement. Chapter 4 technical barriers of trade article 71 objectives objectives of this chapter are as follows: (a) to promote and increase) trade and ensure effective access to markets of the parties by improving the WTO agreement on technical barriers to trade ("TBT agreement"); (b)) to avoid unnecessary technical barriers to trade and to promote the Elimination of such barriers; and (c)) to improve cooperation between Parties included in this chapter. 72. Article definitions 1. in this chapter, the TBT agreement, annex 1 contains definitions. 2. The following definitions shall also apply: ' removable label "is the information provided on the product using the label tag outboard or other markings that can be removed, or the information provided on the product packaging; – "non-removable label" is the information provided on the product, safely affixed to such techniques as, piešūšan, iegravēšan and similar techniques. 73. Article link with the TBT agreement, the parties reaffirm their rights and obligations under the TBT agreement, which is incorporated in this agreement and shall apply, mutatis mutandis, becomes its ingredients. 74. Article 1 scope of application of the provisions of this chapter apply to technical regulations, standards and conformity assessment procedures, including all relevant amendments and additions, the preparation, adoption and application, which may affect trade between the parties. 2. This chapter does not cover: (a) procurement specifications), prepared by the national authorities for their production or consumption needs; and (b)) sanitary and phytosanitary measures. 75. Article cooperation and trade facilitation 1. the parties agree that cooperation between the institutions and bodies (both public and private sectors), involved in the technical regulations, standardization, conformity assessment, accreditation, metrology and market surveillance and border control cooperation, is of great importance to promotion of trade between the parties. To this end, the parties undertake: (a) reinforcing mutual cooperation) in order to facilitate market access and improve the knowledge and understanding of their respective systems; (b)), to develop and identify initiatives that facilitate trade, taking into account the experience of parties. Among others, these initiatives may include: (i)), experience and information exchange, cooperation in scientific and technical matters and the use of good regulatory practices; II) simplify the certification procedures and administrative requirements as determined by the standard or technical regulation, simplification and their registration or prior authorization requirements, which is not necessary in accordance with the provisions of the TBT agreement; III) efforts to approximate or align technical regulations and conformity assessment procedures, or to achieve equivalence between them. The a priori equivalence does not impose any obligations on the parties, unless the parties agree otherwise; IV) options following the revision of the rules governing the use of accreditation or notification as a tool in the territory of the other party established the recognition of conformity assessment bodies for examination; and v) cooperation and exchange of information between the concerned parties, the public authorities or private organizations promotion and facilitation. 2. If either party hold the goods at the place of introduction into the territory of the other party, on the basis of possible non-compliance with the technical regulations, the party retained goods shall immediately notify the importer of the reasons for the detention. 3. Party at the request of the other party shall examine these proposals in cooperation of the other party in this chapter. 76. Article technical provisions 1. Hand its technical regulations shall be based on international standards, unless these international standards are not effective and not suitable for a legitimate purpose. Party at the request of the other party, why it has not applied the international standards as the basis for the preparation of technical regulations. 2. at the request of the other party, which wants to develop similar technical regulations, and in order to reduce duplication of costs shall provide, so far as is possible, the requesting party with all the information, technical studies, risk assessments or other available documents, except for confidential information, which it has used the following technical rules. 77. Article standards 1. Each Party undertakes: a) to ensure the effective communication between the regulators and standardisation bodies; (b)) to apply decision on international standards, guidelines and recommendations with regard to article 2 of the agreement, article 5 and annex 3 of the development by the WTO technical barriers to Trade Committee adopted 13 November 2000 when it determines whether there is an international standard, guideline or recommendation for article 2 of the TBT agreement and within the meaning of article 5 and in annex 3; (c) to encourage standardization) authorities to cooperate with the other international standardisation bodies standardisation activities. Such cooperation can take place in international standardisation organisations or regional level, you receive an invitation from the relevant standardisation bodies, or on the basis of the memorandum of understanding, with the aim, among others, to develop common standards; (d)) to exchange information on the use of standards in relation to technical regulations and to ensure, as far as possible that the standards are not mandatory; e) to exchange information on each side of the standardisation processes and on the extent to which international, regional or subregional standards are used as the basis for national standards; and (f)) to exchange information on general cooperation agreements that standardisation concluded with third countries. 2. each of the Parties recommends that non-governmental standardization bodies within its territory, to comply with the provisions of this article. 78. Article conformity assessment and accreditation 1. the parties recognise that there are many mechanisms that can facilitate the results of conformity assessment procedures for acceptance of the party made in the territory of the other party. Accordingly, the parties can agree on: (a) the adoption of the Declaration of conformity) from the supplier; (b)) the results of conformity assessment procedures, carried out by the territory of the other party; (c)) that the conformity assessment body located in the territory of the party, may conclude a voluntary recognition agreements in conformity assessment body located in the territory of the other party, for the purposes of the results of conformity assessment procedures; d) existing in the territory of the other party of the notification of conformity assessment bodies; and (e)) the territory of the other party in the accreditation of conformity assessment bodies in the procedure. 2. To this end, the parties undertake: a to ensure the possibility of competition) conformity assessment used in non-governmental organizations; (b)) to promote that conformity assessment processes are recognized they results by other accreditation in accordance with the multilateral agreement recognised bodies or issued on the basis of the agreement reached between some of their respective conformity assessment bodies; (c)) to consider the opening of negotiations with a view to reaching an agreement that will facilitate the results of conformity assessment procedures for the recognition of their territories, which implemented the structure, located in the territory of the other party, if it complies with the interests of the parties and it can be justified from an economic point of view, and (d)) to encourage their conformity assessment bodies to enter into an agreement with the other party's conformity assessment bodies for the recognition of conformity assessment results. 79. Article transparency and notification procedures 1. Each Party shall, in accordance with the TBT agreement, directly or through the WTO secretariat electronically to the contact points established in accordance with article 10 of the TBT agreement, technical regulations and conformity assessment procedures for projects or technical regulations and conformity assessment procedures adopted to solve urgent problems of the existing or potential security, public health, environmental protection or national security. If the technical regulations and conformity assessment procedures shall be sent electronically, add an electronic link to the full text of the document, which was made of the notification, or a copy thereof. 2. each Party shall also publish or electronically transmit the technical content of relevant international standards, the relevant regulations and conformity assessment procedures for projects or proposals or technical regulations and conformity assessment procedures adopted to solve urgent problems of the existing or potential security, health, environmental protection or national security. 3. in accordance with paragraphs 1 and 2, each Party shall grant the submission of written comments to the other parties and the other interested parties at least 60 days, but, if possible, the time limit of 90 days of the proposed technical regulation or conformity assessment procedure for electronic filing. Half sympathetic consideration to all reasonable requests to extend the period for the submission of comments. 4. a party to properly examine the other comments received, when draft technical regulations has been submitted for public consultation and a written response to them, if the other party so requests. 5. Each Party shall publish or provide free access to the answers — in print or in electronic form, refers to the relevant comments received no later than the technical regulations or conformity assessment procedures from the date of publication of the final version. 6. each Party shall, at the request of the other party shall provide information on the technical regulations or conformity assessment procedures which are adopted or proposed for adoption. 7. The period of time between technical regulations and conformity assessment procedures for the publication and entry into force not less than six months, unless the legitimate objectives can be achieved within that period. Parties sympathetic consideration to all reasonable requests to extend this period. 8. the Parties shall ensure that all measures adopted and existing technical rules and compliance procedures are publicly available free of charge on the website so that you can easily access. If necessary, also provide guidance on the application of the technical provisions, where they exist. 80. Article border controls and market surveillance the parties undertake: a) to exchange information and experience about their own border controls and market surveillance measures, except for documentation apply privacy related restrictions; and (b)) to ensure that border control and market monitoring activities carried out by the competent authorities, which may be used for this purpose, authorized or delegated to accredited bodies, avoiding conflicts of interest between them and the control or monitoring of operators subject. 81. Article labels and label 1. If a party requires mandatory labelling of products: (a) non-removable markings) or label requests only if the information is essential to consumers or users of the product, or to certify the conformity of the minimum technical requirements; (b) additional information on the product) a container or wrapper, using the removable labels, you can request, if necessary, to the competent authorities for the purposes of monitoring the market; (c)) in relation to the information referred to in subparagraph (b)), the party when it reviewed the rules, consider the possibility of requiring the use of other means for providing this information; (d)) unless it is necessary in relation to the risks of the products of human, animal or plant life or health, the environment or national security, the party as a condition of sale of the product in its market does not require a label or label approval, registration, or certification. This subparagraph shall not affect measures taken by a party in accordance with its national rules, to verify compliance with the minimum of labels and the measures it applies to control behaviour liable to mislead the consumer; e) If a party requests the operator to use the identification number, that number shall be issued without undue delay; (f) parties to use) the following information, provided that it is not confusing, conflicting, or cause confusion in relation to the information that is required in the country of destination of the goods: (i)) information in other languages in addition to the language to be used in the country of destination of the goods; (ii)), the international nomenclature, symbols, pictograms or drawings; and (iii) additional information goods) the country of destination for the requested information; g) party trying to recognize the removable labels or that the information is provided in the manual of the product, on the container or packaging, rather than printed on or affixed to the product physically, if not thus reducing the TBT agreement in legitimate objectives. 2. If a party requests a highlight textiles, clothes or shoes, it: (a)) may require the use of only non-removable inscriptions to indicate such information: (i)) in the case of textile and clothing products: fiber content, country of origin, the safety instructions for certain uses and care instructions; II) in the case of footwear: material, mainly used for main parts of product safety instructions for certain uses, and the country of origin; (b)) specifies: i) the requirements relating to the physical characteristics of the label or design, without prejudice to the measures to be applied by the parties to protect consumers from misleading advertising; (ii) the highlight with a) removable tags for clothing that is so small that attaching such a label is complicated or reduce the value of the product; and (iii)) for all goods sold in the duty to highlight both parts, if they are made of one material and one model. 3. the Parties shall apply this article no later than one year after the entry into force of this agreement. 82. Article in trade-related technical assistance and capacity-building activities of the parties recognize for trade-related technical assistance and capacity-building activities, the importance of the implementation of the provisions of this chapter, which should be focused on the following issues: (a)) and of the national authorities the technical infrastructure and operational capacity of the equipment, training of human resources; (b) the promotion and facilitation of) participation in international bodies, which is essential in connection with the questions set out in this chapter; and (c) the promotion of communication between Parties) standards, technical regulations, conformity assessment, accreditation, metrology, market surveillance and border control authorities. 83. Article technical trade barriers Subcommittee 1. The Parties shall establish a Technical Subcommittee on trade barriers, and includes representatives of each party. 2. The Sub-Committee shall: (a)) monitor and evaluate the implementation of this chapter and the Administration; (b)) looking every part the proposed issue related to this chapter and the TBT agreement; c) participates in the cooperation priorities and technical support programs, standards, technical regulations, conformity assessment procedures, accreditation, metrology, market surveillance and border controls, and review the progress made or results achieved; d) Exchange information on the work of non-governmental, regional and multilateral fora related to standards, technical regulations and conformity assessment procedures; at the request of a party, e) advises on all of this chapter and the TBT agreement issues arising; f) if it is necessary for the attainment of the objectives of this chapter, create working groups in particular with the provisions of this chapter and the TBT agreement for solving issues and clearly define the scope of the Working Group and responsibilities; g) where appropriate, promote dialogue and cooperation between regulators in accordance with this chapter; (h)) in accordance with article 75 of this chapter 1, paragraph b) draw up and regularly review the programme of work in the common interest; I look with all the others) this chapter related questions that can help improve access to the markets of the parties; j) this chapter in connection with events in the TBT agreement and the WTO technical barriers to Trade Committee's decisions or recommendations and make recommendations on possible amendments to this chapter; k) where appropriate, notify the Trade Committee on the implementation of this chapter; and l) take such other measures as the parties considered that assist them in implementing this chapter and the TBT agreement and to facilitate trade. 3. in order to facilitate the implementation of this chapter, each party's representative in this Subcommittee is responsible for coordination with the central administrations, local authorities, non-governmental organizations and individuals concerned in the territory of the party concerned and for those institutions and persons to participate in subcommittees, invite in meetings, on the basis of the request of the other party. Representatives of the contact on all matters relating to this chapter. 4. Unless otherwise agreed by the parties, in paragraph 2 (e)) referred to the consultations are considered 301. consultations referred to in article if they comply with article 301, paragraph 9. 5. the meetings of the Subcommittee to meet in may, the EU side and only one of the signatory States And, and such meetings only to discuss the issues relating to the EU side and by the signatory States of this And of the bilateral relations. If the other signatory is the interest in the Andes, which planned to discuss the following session, it may participate in this meeting if you have previously received the EU side and the consent of the signatory States of the Andes. 6. Unless otherwise agreed by the parties, the meetings of the Subcommittee shall be held at least once a year. Meetings may be held onsite or otherwise, through means of which the parties have agreed. 84. Article 1 of the exchange of information all information or explanations provided by the parties in accordance with the request of the the provisions of chapter provides in print or electronic form within a period of 60 days; This time limit may be extended if the party providing the information has previously demonstrated this need. 2. with regard to requests for information, to the information point should be ready to provide answers, and the processing of such requests in accordance with the TBT agreement or article 10 the Parties shall apply the provisions of this chapter, the recommendations of the WTO technical barriers to Trade Committee adopted 4 October 1995. Chapter 5 sanitary and phytosanitary measures article 85 this chapter objectives are: (a)) to protect humans, animals or plants and their health in the territories of the parties, at the same time facilitating trade between the parties, the application of sanitary and phytosanitary measures (hereinafter referred to as "SPS measures"); (b)) to cooperate in the WTO agreement on the application of sanitary and phytosanitary measures (the "SPS Agreement") in the future; (c)) to ensure that SPS measures do not create unjustified barriers to trade between the parties; (d)) to develop mechanisms and procedures designed to effectively solve problems that arise between the parties to those developing or implementing SF; e) to reinforce communication and cooperation between their competent authorities in sanitary and phytosanitary matters; (f) promoting special and differential) approach, taking into account the existing differences between the parties. Article 86 the rights and obligations of the parties confirm their rights and obligations arising from the agreement of the SF. The parties must also comply with the provisions of this chapter. 87. Article 1 scope of application this chapter applies to all SPS measures which may, directly or indirectly, affect trade between the parties. 2. This chapter does not apply to the TBT agreement establishes standards, technical regulations and conformity assessment procedures, except where they relate to SPS measures. 3. In addition, this chapter shall apply to cooperation between the parties on matters of animal welfare. 88. Article 1 definitions this chapter SFS specified in Annex A to the agreement. 2. the parties may agree on other definitions for the application of this chapter in the light of the relevant international organizations for explanations of terms and definitions. 89. Article in this chapter, the competent authorities of each of the parties, the competent authorities are the authorities specified in annex VI (sanitary and phytosanitary measures) in Appendix 1. The Parties shall exchange information on any changes in these authorities. 90. the General principles ARTICLE 1. SF measures used as unjustified barriers to trade between the parties. 2. Procedures developed based on this chapter, apply to: (a)) transparently; (b) without undue delay); and (c)) in accordance with the conditions and requirements, including costs that should not exceed the actual cost of a service and which should be equivalent to the charge which Parties apply to similar domestic products. 3. the Parties shall use neither the procedure referred to in paragraph 2, no requirement to provide additional information in order to prevent the import of the products entering their markets, unless such action is not scientific and technical grounds. 91. Article requirements for import of 1st party relating to the products of the other party apply its general requirements for imports. 2. Each Party shall ensure that the other exported product meets the importing party's sanitary and phytosanitary requirements. 3. The importing party shall ensure that its import conditions apply proportionate and non-discriminatory manner. 4. whenever a party to amend the requirements for imports, it must consider the substance of the amendment pursuant to the determination of the transitional period, to prevent the interruption of trade flows of products and allow the exporting Party to adjust their procedures following amendments. 5. If the importing party in their requirements for import has included risk assessment, that such assessment, the party started immediately and inform the exporting Party of the time required for this purpose. 6. If the importing party has concluded that the products of the exporting Party meets its sanitary and phytosanitary import requirements, it allows the entry of such goods into 90 job dienu12 following the date on which the said conclusions were adopted. 7. Pay for the examination may include only the costs incurred by the competent authority in relation to import checks. The fee for the test is equivalent to the fee for the examination for similar domestic products. 8. The importing party shall, as soon as possible, inform the exporting Party of any change in payment, as well as provides the following justification for the change. 92. Article 1 the import procedures for the importation of products of animal origin, the importing party shall inform the exporting Party to the list of companies that meet the requirements of the importing party. 2. at the request of the exporting Party, accompanied by adequate safeguards, the importing party shall approve the annex VI (sanitary and phytosanitary measures), Appendix 2, paragraph 3 of the above companies, located in the territory of the exporting Party, without individual examination of companies. Such approval corresponds to annex VI (sanitary and phytosanitary measures) Appendix 2 terms and conditions, and this applies only to those categories of products the importation of which has been approved by the party. 3. except where additional information is required, the importing party shall, in accordance with its legal procedures, within 40 working days referred to in paragraph 2, the date of receipt of the request shall take appropriate legislative or administrative measures to allow imports of the products referred to in paragraph 2. 4. Sanitary and phytosanitary measures Subcommittee (hereinafter referred to as "SPS Subcommittee") may modify the requirements and the conditions under which the parties are approved companies producing products of animal origin. According to the amendment of annex VI (sanitary and phytosanitary measures) in Appendix 2, shall be adopted by the Committee on trade. 5. the importing party shall provide regular information about rejected consignments, including information about the discrepancies which the shipments were rejected. 93. Article 1 of the inspection to verify the effective implementation of the provisions of this chapter, each party has the right scope: a) in accordance with annex VI (sanitary and phytosanitary measures) Appendix 3 provides instructions to check all the other institutional control system or any part of it; the cost of such inspection shall be borne by the party carrying out the inspection; and (b)) to receive information from other parties on their control system and of the system of control measures carried out in the results. 2. the party which, in accordance with this article shall be carried out within the territory of the other party, shall inform that party of the results and conclusions. 3. If an importing Party decides to go the inspection visit to the exporter, shall notify the exporting Party at least 60 working days before such checks, except in exceptional cases or where the parties concerned agree otherwise. The parties involved agree on any changes to the planned visit. 94. Article With animal and plant health measures 1. The parties recognise the pest free area, disease-free areas and areas of low pest or disease prevalence concept in accordance with the agreement and SF World Organisation for animal health (hereinafter referred to as "OIE") and the International Plant Protection Convention ("IPPC") standards, guidelines or recommendations. 2. subject to paragraph 1, the Subcommittee shall draw up appropriate SFA procedure pest and disease-free areas and areas of low pest or disease prevalence for recognition, taking into account relevant international standards, guidelines or recommendations. The following procedure includes the situations associated with disease outbreaks, and recurrent invasion. 3. in paragraph 1 and 2 of the said territory, the Parties shall take into account factors such as geographic location, ecosystems, epidemiological surveillance and control of sanitary or phytosanitary efficacy in that particular area. 4. The Parties shall closely cooperate in pest, disease-free areas and areas of low pest or disease prevalence, the determination to promote confidence in the procedures applied by each party to determine such areas. 5. whether pest and disease-free areas and areas of low pest or disease prevalence is determined for the first time or again after the outbreak of animal disease or plant pest infestations, repeated the importing party shall determine the animal and plant health situation in the exporting Party or any parts thereof, on the basis of information provided by the exporting Party in accordance with the agreement and SF OIE and IPPC standards and taking into account the findings of the exporting Party. 6. If the importing party does not recognise the territory of the exporting Party has identified as a pest and disease-free areas or areas of low pest or disease prevalence, at the request of the exporting Party provides the underlying information and/or can quickly organise consultations in order to assess the possibility of agreeing on an alternative solution. 7. The exporting Party shall provide sufficient evidence to objectively show the party that such areas are, and are likely to remain relevant as a pest or disease-free areas or areas of low pest or disease prevalence. To this end, the exporting Party at the request of the importing party, gives it a proper access to the inspection, testing, or other required procedures. 8. the parties recognize the OIE and IPPC bins pest free plants. SFS Subcommittee evaluates all future OIE or IPPC recommendations on this issue and give its recommendations accordingly. 95. Article equivalence of SPS Subcommittee may lay down rules on the equivalence of and make recommendations accordingly to the Trade Committee. This Subcommittee also developed the procedure for recognition of equivalence. 96. Article Transparency and exchange of information the parties: 1. a) seek to ensure transparency as regards the trade measures applied in SF and especially for SF in the requirements applicable to imports from the other party; b) improves mutual understanding for each party's SPS measures and their application; c) Exchange information on issues related to the development of measures and the SFA application, including work on new scientific evidence, which affect or may affect trade between the parties in order to reduce the negative effects of these measures on trade; (d)) at the request of a party, and 15 working days inform on requirements applicable to imports of certain products, including whether the required risk assessment; e) at the request of a party, informed in particular product import authorization procedures. 2. the national contact point of the parties engaged in the exchange of information referred to in paragraph 1 are listed in annex VI (sanitary and phytosanitary measures) Appendix 4. Information is sent by post, fax or electronic mail. The information you send in an electronic letter can be digitally signed, and is distributed only to the contact points. 3. If the information referred to in this article has been notified to the WTO in accordance with the relevant provisions of the parties concerned, or published an official, publicly available free Web sites listed in annex VI (sanitary and phytosanitary measures) Appendix 4, in the belief that the exchange of information has taken place. 97. Article notifications and consultations 1. Each Party shall, within two working days in writing inform the other parties of any serious public, animal or plant health risks, including all emergency food. 2. the notification referred to in paragraph 1 shall be sent to the contact points indicated in annex VI (sanitary and phytosanitary measures) Appendix 4. Parties in accordance with article 96 of the exchanges of information on any changes to the contact points. The written notification referred to in paragraph 1, provided by mail, fax or electronic mail. 3. Where either party has serious concerns regarding a risk to public, animal or plant health that affect trade between the parties, it may request consultations with the exporting side of this situation. Such consultations shall take place as soon as possible. Consultation each Party shall endeavour to provide all the information necessary to avoid a disruption in trade. 4. in paragraph 3, above, consultations may take place as the electronic exchange of letters audiokonferenc or videoconferencing or with other parties of the technical means available. The party requesting consultations shall ensure that every such meeting being prepared. 98. Article emergency measures 1. Based on the considerations for risk of serious public, animal or plant health, the importing party may take temporary and transitional measures public, animal or plant health, without prior notification. Regarding the existing road transport between the parties, the importing party shall consider the most appropriate and reasonable solution, to avoid unnecessary disruption of trade. 2. a party that adopts the measures referred to in paragraph 1, it shall inform the other party as soon as possible, but in any event not later than one working day after the adoption of the measure. The other party may request information on the sanitary situation on the side which adopt measures, as well as about the same event. The party which receives the event, respond to a request for information as soon as the required information is available. 3. At the request of a party, and in accordance with the provisions of article 97, the Parties shall consult on the situation within a period of 15 working days after the date of receipt of the request for consultations. These consultations shall take place with a view to preventing unnecessary disruption to trade. May consider facilitating the implementation of the measures or measures of substitution possibilities. 99. Article alternative measures 1. at the request of the exporting and importing Parties regarding measures adopted that affect trade (including special restrictions, sediment and toxic substances), the parties involved to organise consultations in accordance with article 97, to make additional conditions of the importing party for imports or alternative measures. Where appropriate, the following additional conditions for import or alternative measures may be used based on international standards or measures of the exporting Party that achieves the importing party's appropriate level of protection equivalent to the level of protection. With regard to these measures shall not apply to article 95. 2. At the request of the importing party, the exporting Party shall provide all relevant information to identify the importing party's legislation, including its official laboratory examination results or other scientific information, evaluation in relevant scientific authorities. If the parties reach an agreement, the importing party shall take legislative or administrative measures necessary to, on the basis of that agreement, to allow the imports. 3. where relevant scientific evidence is insufficient, a party may provisionally adopt SPS measures on the basis of available relevant information. In this case, the Parties shall endeavour to obtain further information to better assess the risks and the importing party would accordingly revise the SF event. 100. Article special and differential treatment where the application of article 10 of the agreement, SFS, a signatory of the Andes has revealed problems in connection with the EU side to the measures proposed, in their comments, it made the EU the party in accordance with article 7 of the agreement, SPS, you can request an opportunity to discuss this issue. The Parties shall consult in order to reach agreement on the following matters: (a) the conditions for imports) alternative, applying the importing party; and/or (b)) technical support in accordance with article 101; and/or c) a transitional period of six months, which may exceptionally be extended for a further period of time that is not longer than six months. 101. Article technical support and strengthening the capacity of trade 1. in accordance with section XIII (technical support and capacity building for trade) rules, the parties agree to strengthen their cooperation to promote the implementation of this chapter with the objective of optimizing its results, expand opportunities and provide greater benefit to the parties, public health, animal and plant health and food safety. This cooperation developed legal and institutional framework governing the relations of cooperation between the parties. 2. in order to achieve these objectives, the parties agree to devote special attention to the SFS subcommittees portions for collaboration and transfer of such information in accordance with it, as defined in section XIII (technical support and marketing ability improvement). This Subcommittee also may review those needs. Article 102 co-operation in the field of animal welfare Parties contributes to the Subcommittee on the SF mutual cooperation in animal welfare issues. 103. Article the application of sanitary and phytosanitary measures Subcommittee 1. The Parties shall establish a sanitary and phytosanitary measures Subcommittee as a forum to ensure and monitor the implementation of this chapter and consider any matter which may affect compliance with its provisions. SFS Subcommittee may review this chapter and make recommendations accordingly. 2. the Subcommittee shall include SF each party's authorized representative. This is the Subcommittee's regular meeting at least once a year on a specific date and location agreed to by the parties, and organizes special meetings at the request of either party. The first meeting of the Subcommittee on the current SF takes place in the first year after the entry into force of this agreement. SFS subcommittees shall adopt its rules of procedure at the first meeting. The agenda the parties reconciled prior to the meetings. Subcommittee meetings can also occur as a videoconferencing or audiokonferenc. 3. SF: (a) the Subcommittee) develop and monitor the implementation of this chapter; (b)) provides a forum for discussion of issues arising in connection with the SF event and the application of this chapter, and identifies possible solutions; (c) discuss the need to set up a joint) research programme, particularly in relation to specific constraints; (d) identify the needs of collaboration); e) runs a 104 in article discussions with questions related to this chapter for the settlement of the dispute; f) runs 100 in article discussions on the special and differentiated approach; and (g)) of other function which the parties mutually agreed. 4. Sfs Subcommittee may set up ad hoc working groups for specific tasks and define their functions and rules of procedure. 104. Article 1 of the settlement of the dispute. If either party considers that the other party is, or may measure the SFA be contrary to obligations laid down in this chapter or that the other party has breached the obligations laid down in this chapter related to the SF event, it may request a technical consultation SFS Subcommittee. The competent authorities listed in annex VI (sanitary and phytosanitary measures) in Appendix 1, shall facilitate these consultations. 2. If the dispute is being discussed in the Subcommittee on the SF under paragraph 1, is replaced by the following consultations consultations provided for in article 301, unless they comply with paragraph 9 of that article and to the requirements of the parties to the dispute agree otherwise. Discussions in the Subcommittee on the SF deemed to be completed 30 days after the date of submission of the request, unless the Parties shall consult, they agreed to continue. These consultations can take place with the videophone, and videoconferencing or other technological means, for which the parties mutually agreed that consultation. Chapter 6, article 105 1. Movement of goods, the parties recognise the different levels of regional integration in the European Union, on the one hand, and between the signatory States of the Andean Community And, on the other hand. In this context, the parties will work to create the conditions conducive to the free movement of goods from other parties between their respective territories. In this regard: (a)) products originating in the Andes, the signatory States in the territory of the European Union apply the free movement of goods under the Treaty on the functioning of the European Union conditions on third countries free movement of goods; (b)) And the subregional integration agreement (Cartagena Agreement ") the rules for the movement of goods And the one to the other signatory States shall be subject to the treatment that is no less favourable than treatment applicable EU party in accordance with this agreement. These obligations do not include section XII (settlement of disputes); (c)), having regard to article 10, And signatory States of the European Union will seek to promote the movement of goods originating in the territories between the and prevent duplication of procedures and control. 2. in addition to paragraph 1: (a)) — those in customs matters, origin of the European Union for goods coming from other signatory States, the Andean And signatory States apply most favourable customs procedure applicable to goods of the other And the signatory States; (b) technical barriers to trade) issues: (i)) And the signatory States to the European Union products applied harmonised standards, technical regulations and conformity assessment procedures applicable to trade between Andean signatory States; II) in existing areas of interest And the signatory States shall make all possible efforts to promote standards, technical regulations and conformity assessment procedures for the gradual harmonization; c) sanitary and phytosanitary measures, And the signatory States in matters concerning the European Union's products will allow to apply harmonised procedures and requirements to trade. The Subcommittee will examine the SFA application of this paragraph. 3. If all of the Andean Community Member States to become parties to this agreement, And the signatory States will consider this new situation and propose appropriate measures to the EU Side to improve the conditions of origin in the European Union, the movement of goods between the Member States of the Andean Community, and in particular avoid procedure, customs duties and other charges, checks and controls backup. 4. subject to paragraph 3, And the signatory States shall make all possible efforts to promote their legislation and procedures that exist in the technical regulations and SPS measures, harmonization, and to facilitate their control measures and the harmonization of checks or mutual recognition. 5. in accordance with paragraph 1, the Parties shall, taking into account their needs and actual situation, develop cooperation mechanisms in the legal and institutional framework governing cooperation between the parties. 7. exceptions to SECTION 106. Article devoted to the trade in goods the exceptions section 1. Subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable discrimination between parties where the same conditions exist, or between parties to the trading of goods by the disguised restriction, nothing in this Agreement shall be construed to prevent a party from adopting or applying such measures as: (a)) necessary for the protection of public morality or public order uzturēšanai13; (b)) the need of humans, animals or plants or the protection of public health, including in this context the necessary environmental protection measures; (c)) refers to the gold or silver import or export; (d)) are required to ensure compliance with the laws and regulations that comply with the provisions of this agreement, including measures relating to customs operations, the operation of the monopoly, which corresponds to article 27, the protection of intellectual property rights and the prevention of fraudulent practices; e) refers to the work of prisoners; (f)) is applied in order to protect the national treasure, having artistic, historic or archaeological value; g) refers to the living and the dead rise to conservation of natural resources, if the following measures are applied in conjunction with the local production and local consumption limits; h) are implemented in accordance with the obligations arising from the intergovernmental commodity agreements that meet the criteria that have been submitted to the parties and the parties have rejected, or which is submitted to the parties and they are not noraidījušas14; (I)) are associated with domestic restrictions on the export of materials that are necessary to ensure the proper quantity of such material to the domestic processing industry during periods when the price on the domestic market in accordance with the national plan of stabilization is set lower than the world market price, unless such restrictions do not increase local industry exports or the protection granted to it and is not contrary to the provisions of the agreement on non-discrimination; and (j)) is essential in order to ensure the overall or local level procurement or missing product distribution, provided that such measures are compatible with the principle that all parties are entitled to an equitable share of the international supply of such products, and that these measures, which do not comply with the other provisions of this agreement are terminated as soon as the disappearing, the circumstances, these measures were adopted. 2. the parties agree that, if either party intends to adopt any of the i) and paragraph 1 (j)) the measures referred to in subparagraph, it shall provide the other party with all relevant information with a view to achieving a solution acceptable to the parties. The parties may agree on any means needed to resolve the situation, the party which intends to adopt the measure in question. If no agreement is reached within 30 days, that party in respect of exports of the product can be applied to the measures in accordance with paragraph 1 (i)) and (j)). However, if the exceptional and critical circumstances requiring immediate action, prior information or examination is not possible, the parties may take the measures envisaged and, as soon as possible, inform the other party. Section IV, trade in services and establishment, the electronic commerce section 1 General provisions article 107. Purpose and scope of application 1. Parties, reaffirming commitments made under the WTO agreement, with a view to promoting their economic integration, sustainable development and further integration into the world economy and taking into account the differences in levels of development of the parties, hereby establish the necessary rules for doing business and for progressive liberalisation of trade in services, and cooperation in the field of electronic commerce. 2. Nothing in this section shall not be construed to require a party to carry out the privatisation of State-owned enterprises or impose any obligations on public procurement. 3. The provisions of this title shall not apply to the allocation of a party subsīdijām15. 4. The provisions of this title shall not apply to services supplied in the exercise of State powers. 5. subject to the provisions of this section, each party reserves the right to exercise their powers and to regulate and introduce new regulations in order to achieve legitimate public policy objectives. 6. This section does not apply to measures affecting natural persons seeking access to the labour market parties, and to measures related to citizenship and permanent residence or employment. 7. Nothing in this section shall prevent a party from applying measures to regulate the entry of natural persons, or a temporary stay in its territory, including measures necessary to protect the integrity of borders and ensure that natural persons legally crossing its borders, provided that such measures are not applied in such a way that they remove or reduce the benefits of any of the parties from this section and the provisions laid down in the annexes to saistībām16. 108. Article definitions when applying this section:-"economic integration agreement" means an agreement which liberalized trade in services and establishment, in accordance with WTO rules;
-"Legal person of a party" means a legal entity established in accordance with that party's law and having its registered office, Central Administration or principal place of business located in the territory of that party; If the party is the only legal persons registered office or Central Administration, legal persons are not considered legal persons of that party, provided that they are not real and lasting action related to the ekonomiku17 of that party; -' measure ' means any measure by a party, the laws, regulations, rules, procedures, decisions, administrative actions or other means; "The Parties adopted or in force leave measures" means measures adopted or left in force: (a)) Central Government, regional or local governments and authorities; and (b)), non-governmental organizations, in implementing the Central Government, regional or local governments or authorities delegated powers; – "Party natural person" means a natural person who is a national of a Member State of the European Union or of the other signatory States of nationality And in accordance with the relevant national law aktiem18; – "services" include any service in any sector except services supplied in the exercise of State powers; "the services provided in the exercise of State powers", means any service that is not provided on a commercial basis or in competition with one or more service providers; The "provider parties" means the parties to any natural or legal person who wishes to provide or provides a service; "the supply of a service ' includes the production, distribution, marketing, sale and delivery. Article 109 the Working Group as far as is necessary and reasonable, the Trade Committee may set up working groups with the aim, among others, perform the following tasks: (a)) to discuss with business, trade in services and electronic commerce-related regulatory issues; (b)) to offer guidelines and strategies that enable the Andean signatory States to become safe zones for the protection of personal data. For this purpose, the Working Group adopted the agenda for cooperation, which sets the priority aspects of this objective, in particular in relation to the relevant data protection system approval processes; (c)) to determine the mechanisms referred to in article 162 aspects; d) recommend mechanisms by which it would be possible to help micro-enterprises and SMEs to overcome the obstacles facing them in the use of electronic commerce; e) to improve the electronic transactions and electronic management of safety; (f)) to promote private sector participation in training and electronic commerce requires, the rules of procedure, contractual obligations and compliance with the guidelines of the model, the adoption of the mechanism with the active participation of the parties in the internal forums organized; g) create cooperation mechanisms for the accreditation and certification of digital electronic business and digital for the mutual recognition of certificates; and (h)) to participate actively in regional and multilateral fora to promote the development of electronic commerce. Chapter 2 establishment article 110. Definitions for the purposes of this chapter:-"legal persons branch" means a place of business which has not been given the status of a legal person and which: (a)) has a persistence features, such as who is the child of the parent; (b)) has its own management; and (c)) is the material equipment to perform transactions with third parties; Thus, although third parties know that if necessary, they can use the legal link with the parent company, whose head office is situated abroad, it may not do business directly with the parent, but the parent of this node with its place of business; -"economic activity" does not include activities carried out in the exercise of State powers, namely, activities which are not conducted on a commercial basis and in competition with one or more economic operators; "establishment" means any type of business or professional business veikšana19: a) creating, purchasing or maintaining a legal personu20; or (b)) when you create or save a branch or representative office; in the territory of either party to carry out economic activities; -"Hand investor" means a natural or legal person who with certain activities want to make, carry out or have carried out the economic activity in the second half, making any business; "the business-side measures" means measures with regard to all activities falling within the definition of establishment; -"Legal person of a party subsidiary ' means a legal entity which is effectively controlled by another legal persona21 of that party. 111. Article scope this chapter applies to the parties accepted or left to measures that affect business veikšanu22 any area of economic activity, except: (a) the extraction of nuclear materials, manufacture) and recycling; b) weapons, ammunition and military equipment production or trade; c) audio-visual services; (d)) the national kabotāžu23; e) toxic waste processing, storage and elimination, and (f)) both regular and non-regular domestic and international air services and services directly related to traffic rights, which are: (i)) aircraft repair or maintenance services during which an aircraft not in service; (ii) the sale of the air service) and trade; III) computerized reservation system (CRS) services; and iv) groundhandling services and airport services. 112. Article 1. Market access with respect to market access through the establishment of each party of the other party, conduct business and investors apply arrangements no less favourable than the arrangements specified in annex VII specific commitments (relating to establishment). 2. In sectors in which commitments for market access, half the regional level or across its territory does not accept or not maintaining the measures listed below, unless annex VII (relating to the conduct of business) unless otherwise specified: (a) the number of establishment) the limits of numerical quotas, monopolies, exclusive rights or other business requirements, such as economic needs tests; (b) transactions or assets) of the total value of a numerical quota limitations or economic needs test requirements; (c) the total number of transactions or products) in the total quantitative limits expressed in specific numeric units, quotas or economic needs test requirements veidā24; (d)) the restrictions on the total number of natural persons that may be employed in a particular sector of economic activity or professional may employ and who are necessary for the implementation of the economic activities and directly related to the numerical quotas or the requirement of an economic needs test; e foreign capital participation) restrictions in the form of Foreign shareholdings in the share or the maximum individual or total foreign investment of the total value of the limit; f) measures which restrict or require specific types of establishment (subsidiary, branch, Representative Office) or joint ventures through which investors of the other party can make economic darbību25. 113. Article 1. National treatment in the sectors for which Colombia in annex VII (relating to the conduct of business) has indicated the market access commitments, and according to the conditions specified therein and to the restrictions on all measures that Colombia affect establishment, the EU side business operators and investors apply arrangements no less favourable than the arrangements which it applies in its līdzīgiem26 business operators and investors. 2. In the sectors for which Peru in annex VII (relating to the conduct of business) has indicated the market access commitments, and according to the conditions specified therein, and limits any activities which Peru affect establishment, the EU side business operators and investors apply arrangements no less favourable than the regime that it similar circumstances for its professional and ieguldītājiem27. 3. In those sectors in respect of which the EU party in annex VII (relating to the conduct of business) has indicated the market access commitments, and according to the conditions specified therein, and limits the EU party in all measures affecting the establishment, And a signatory of the business operators and investors apply arrangements no less favourable than treatment it applies like for its business operators and investors. 4. the specific commitments made by the parties under this article shall not be interpreted as a claim to one of the parties compensate for the competitive disadvantage resulting from the foreign investor status. 114. Article list of Related sectors in which each party committed pursuant to this chapter, as well as the disclaimers and limitations on market access and/or national treatment applicable to other business operators and investors in these sectors are indicated in annex VII (commitment list of establishment). 115. Article 1. Other agreements nothing in this section shall be construed as the parties and their rights and obligations of investors, restrictions on existing or future international agreements concerning investments, which now have an European Union Member and a signatory of the Andes. 2. Notwithstanding paragraph 1 of this section may not apply to violations of any dispute settlement mechanism set out in the existing or future international agreement on investment, which is concluded by a Member State of the European Union or of the other signatory States And. Article 116 investment promotion and review of gradual liberalisation of investments 1 the purpose of the European Union And the Andean signatory States in their respective areas of competence, they shall endeavour to promote mutual investment in attractive environments for development. 2. Promoting development referred to in paragraph 1, the cooperation, including the review of the legal framework of investment, investment environment and investment flows between the parties according to the commitments they made in international agreements. Such review shall take place no later than five years after the entry into force of this agreement and continue with regular intervals. Chapter 3 cross-border provision of services article 117 definitions for the purposes of this chapter: "the cross-border provision of services ' means: (a) the provision of the service) from the territory of one party in the territory of the other party (1); and (b)) in the territory of one party the other party service consumer (2); -"cross-border supply-side event" is an event in relation to: (a) the purchase, payment) service or use; and (b)) the availability and use of the services in connection with the provision of services across borders which, in accordance with the requirements of the party must be provided as a public service. 118. Article scope this chapter applies to measures of the parties that affect the provision of services across borders in all sectors except: a) audiovisual services; (b)), and (c) the national kabotāžu28) both regular and non-regular domestic and international air services and services directly related to traffic rights, which are: i) aircraft repair and maintenance services during which an aircraft is operated; (ii) the sale of the air service) and trade; III) computerized reservation system (CRS) services; and iv) groundhandling services and airport services. 119. Article 1. Market access with regard to market access, providing cross-border services, each party to the other services and service providers apply arrangements no less favourable than the mode that specific commitments in annex VIII (list of obligations in relation to cross-border supply of services). 2. In sectors in which commitments for market access, half the regional level or across its territory does not leave or do not accept the following measures, unless annex VIII (list of obligations in relation to cross-border supply of services) unless otherwise specified: (a) the service provider) limit the number of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; (b) transactions or assets) of the total value of a numerical quota limitations or economic needs test requirements; and (c) the total number of transactions) or limit the amount of services provided, expressed a specific numeric quotas or units of the economic needs test requirements veidā29. 120. Article 1. National treatment in the sectors for which Colombia in annex VIII (list of obligations in relation to cross-border supply of services) has indicated the market access commitments, and under the conditions specified in this annex and restrictions in all activities in Colombia, which affect the cross-border provision of services, the EU side services and service providers apply arrangements no less favourable than the arrangements which it applies to its services and similar services. 2. In the sectors for which Peru in annex VIII (list of obligations in relation to cross-border supply of services) has indicated the market access commitments, and under the conditions specified in this annex and restrictions in all events in Peru, which affect the cross-border provision of services, the EU side services and service providers apply arrangements no less favourable than the regime that it similar conditions applied to their services and sniedzējiem30 services. 3. In those sectors in respect of which the EU party in annex VIII (list of obligations in relation to cross-border supply of services) has indicated the market access commitments, and under the conditions specified in this annex and limits the EU party in all measures affecting the cross-border provision of services, And the services of the signatory States and service providers apply arrangements no less favourable than the arrangements which it applies to its services and similar services. 4. the specific commitments made by the parties under this article shall not be interpreted as a claim to one of the parties compensate for the competitive disadvantage resulting from the relevant service or foreign service providers in the status. 121. Article list of commitments by the industry, for which each side committed under this chapter, including all disclaimers and restrictions on market access and/or national treatment applicable to other services and service providers in these sectors is given in annex VIII (list of commitments for cross-border supply of services). Chapter 4 an individual temporary presence business needs article 122 scope this chapter applies to any measure of a party with respect to managing employees, trainees with higher education, business services seller, līgumpakalpojum provider, independent professionals and short term business analyst for entry and residence in their territory in accordance with paragraph 6 of article 107. 123. Article definitions for the purposes of this chapter:-"service sellers" is the natural person who represents a party to a service provider and wish to stay in the territory of the other party, in order that the service provider in good negotiate the sale or closure of the service agreement. Transaction services vendors not dealing with direct sales to the public and shall receive no remuneration from a source located in the host Party; -"persons travelling for the purpose of conduct" means natural persons who work in managerial positions and responsible for the company's creation. Persons travelling for the purpose of the business do not engage in direct dealings with citizens and receives no remuneration from a source located in the host Party; -"līgumpakalpojum providers" means natural persons employed by a juridical person of a party who is not established in the territory of the other party, and who in good faith has contracted with ultimate consumers in the other side (not through the Agency of the UN Central Product Classification (hereinafter referred to as "CPC") marked with the code "050") for the provision of services that require its employees or temporary residence this side to comply with the provision of the service līgumsaistības31; "the trainees with higher education" is the natural person to graduate, which at least one of the parties is nodarbinājus entity or its affiliate and which are career development or work methods or methods of learning are temporarily transferred to legal persons of the other party the company teritorijā32; the "independent experts" are natural persons engaged in the provision of services and registered as a self-employed person in the territory of either party, and which are not established in the territory of the other party, and who in good faith (not through the Agency) under the CPC 872 "with the" ultimate consumers have concluded a contract for the provision of services in the other side, that is necessary for this temporary presence of persons referred to in Pusē33; "the company transferred employees" are individuals who have at least one year of nodarbinājus legal person or its branch or at least one year have been partners in it and who is temporarily transferred to the company that may be legal entities that a subsidiary, affiliate or parent in the territory of the other party. Natural person concerned must fall within one of the following categories: (a) the "driver") is a person whose legal person working in the executive position, primarily concerned with the management of the company, taking instructions from a company primarily Board or shareholders, or equivalent structures, including: i) directing the company or its subsidiary bodies or departments; II) person who monitors and controls the other monitoring or management staff or specialist work; III) persons having powers personally to recruit and dismiss or recommend to hire and dismiss employees or other personnel actions; or b) "professionals" are the people working in the legal person, and having specific knowledge, which are essential for the enterprise activities relating to the production, research equipment, techniques, processes, procedures or management. In assessing such knowledge, take into account not only the knowledge, specifically related to a particular company, but also, whether the person is highly skilled work or trade requiring specific technical knowledge, including the representative accredited profession; "the executives" is the natural person who employs one part the legal person which is not a non-profit, organizācija34 and responsible for the establishment or the proper control, management and operation, including "persons travelling for the purpose of the business," which is responsible for the creation of the company, and employees of the company "moved"; the "qualification" of the diplomas, certificates and other (official qualification) certificate issued by the authority designated pursuant to legislative, regulatory and administrative provisions, and certifying successful completion of professional education. 124. Article executives and trainees with the higher education sector 1, where the parties have entered into commitments in accordance with Chapter 2 of this title (establishment), and according to annex VII (relating to the conduct of business) or in annex IX (reservations relating to provisional individuals presence business needs) in Appendix 1 to the reservation, each Party shall permit investors of the other party to employ in-house, these other natural persons If they are employed as laid down in article 123 leading employees or trainees with higher education. Leading employees and trainees with higher education entry and temporary stay does not exceed three gadus35 employees the company moved the case within 90 days of the 12-month period by persons travelling for the purpose of the business case and one year in the case of trainees. 2. no one in the industry, in which the party is committed, in accordance with Chapter 2 of this title (business), its regional level or leave the whole of their territory or not adopt discriminatory measures such as restrictions and limitations on the total number of natural persons that may be employed as an investor in leading employees or trainees with higher education, within the sector of numerical quotas or the economic needs test requirements form If one annex IX (reservations relating to provisional individuals presence business needs) Appendix 1 otherwise. 125. Article transaction services vendors in every sector in which the parties have undertaken obligations under Chapter 2 (business) or Chapter 3 (cross-border supply of services) and annex VII (relating to establishment) and annex VIII (list of obligations in relation to cross-border supply of services), the reservations set out each party business service providers permission to enter and reside for a period not exceeding 90 days period of 12 months. 126. Article Līgumpakalpojum providers 1. the parties reaffirm their rights and obligations arising from GATS commitments on immigration and līgumpakalpojum provider of temporary stay. 2. Colombia and the EU party permit the provision of services in their territories through the presence of natural persons, respectively the EU side and Colombian līgumpakalpojum providers according to annex IX (reservations relating to provisional individuals presence business needs), and paragraph 4 Appendix 2 to the conditions laid down in each of the following sectors: (a) legal advisory services) public international law and foreign law (the EU side in the case law of the European Union ("EU") are not considered public international law or foreign law; b) accounting and rēķinvedīb services; c) tax advisory services; d) architectural services; e) urban planning and landscape architecture services; f) engineering services; g) integrated engineering services; h) medical (including psychologists) and dental services; I) veterinary services; j) midwives; k) nurses, physiotherapists and paramedical services; l) computer and related services; m) market research and surveys of the public; n) management consulting services; o) management consulting-related services; p) design services; q) background, pharmaceutical and fotoķīmij; r) services in cosmetic technology; s) specialized services for technology, engineering, marketing and sales in the field of automotive industry; t) komercdizain and trading services for the fashion textile, clothing, footwear and subject matter; and u) equipment, including vehicles, maintenance and repair of equipment and in particular the līgumpakalpojum after the acquisition or hiring. 3. Peru and EU Party permits the provision of services in their territories through the presence of natural persons, respectively the EU side and Peru līgumpakalpojum providers according to annex IX (reservations relating to provisional individuals presence business needs), and paragraph 4 Appendix 2 to the conditions laid down in each of the following sectors: (a) legal advisory services) public international law and foreign law (the EU side in case the EU law does not consider public international law or foreign law); b) accounting and rēķinvedīb services; c) tax advisory services; d) architectural services; e) urban planning and landscape architecture services; f) engineering services; g) integrated engineering services; h) medical (including psychologists) and dental services; I) veterinary services; j) midwives; k) computer and related services; l) market research and surveys of the public; m) management consulting services; and n) with management consulting-related services. 4. The obligations entered into by the parties, subject to the following conditions: (a) natural persons) must be involved in delivering services as a legal person, which has concluded a contract for the provision of services for a period which shall not exceed twelve months; (b)) the natural persons who enter the territory of the other party, such services should be provided as a legal person, that these services are provided for at least one year before the application for entry into the territory of the other party; In addition, the date when the application for entry into the territory of the other party, a natural person must be at least three years of professional activity in the sector of pieredzei36, which is the subject of the contract; c) natural persons who enter the territory of the other party, must be: (i) academic degree or qualification), which shows the equivalent knowledge, līmeni37 and ii) professional skills, if any, required to carry out the activity in accordance with the laws and regulations of the party or where the service is provided; d) natural persons during their stay in the territory of the other party shall receive no remuneration for the provision of the service, except remuneration paid by a legal person, where they employ; (e) the entry of natural persons) and temporary residence in the territory of the party concerned lasts cumulative period, not exceeding six months or, in the case of Luxembourg 25 weeks in any 12 month period, or the contract period, whichever period is shorter; f) access laid down in this article only apply to the provision of services which is the subject of the contract, and it does not give the right to use the title of the party where the service is provided; g) services the contract shall not exceed the number of persons needed to carry out the contract, the number of persons as may be specified in the laws and regulations of the party or, where the service is provided; h) other discriminatory restrictions on economic need checks, including in relation to the number of individuals according to annex IX (reservations relating to provisional individuals presence business needs) Appendix 2. 127. Article 1 by independent professionals. the parties reaffirm their rights and obligations arising from GATS obligations with respect to the independent expert the entry and temporary stay. 2. Colombia and the EU party permit the provision of services in their territories through the presence of natural persons, respectively the EU side and the Colombian independent professionals pursuant to annex IX (reservations relating to provisional individuals presence business needs), and paragraph 4 Appendix 2 to the conditions laid down in each of the following sectors: (a) legal advisory services) public international law and foreign law (the EU side in case the EU law does not consider public international law or foreign law); (b) architectural services;) c) engineering services; d) integrated engineering services; e) computer and related services; f) market research and surveys of the public; g) management consulting services; h) with management consulting-related services; I) written in or interpreting services; and (j)) specialist services, technology, engineering, marketing and sales in the field of the automotive industry. 3. Peru and EU Party permits the provision of services in their territories through the presence of natural persons, respectively the EU side and the Peru independent professionals pursuant to annex IX (reservations relating to provisional individuals presence business needs), and paragraph 4 Appendix 2 to the conditions laid down in each of the following sectors: (a) legal advisory services) public international law and foreign law (the EU side in case the EU law does not consider public international law or foreign law); (b) architectural services;) c) engineering services; d) integrated engineering services; e) computer and related services; f) market research and surveys of the public; g) management consulting services; and (h)) with management consulting-related services. 4. The obligations entered into by the parties, subject to the following conditions: (a) natural persons) must be involved in delivering services as self-employed persons established on the other side, and to conclude a contract for the provision of services for a period of not more than 12 months; (b)) the date when the application for entry into the territory of the other party, natural persons must be at least six years of professional experience in the sector of activity that is the subject of the contract; (c)) the natural persons who enter the territory of the other party, shall be: (i) academic degree or qualification), which shows the equivalent knowledge, līmeni38 and ii) professional skills, if any, required to carry out the activity in accordance with the laws and regulations of the party or where the service is provided; (d) the entry of natural persons) and temporary residence in the territory of the party concerned lasts cumulative period, not exceeding six months or, in the case of Luxembourg 25 weeks in any 12 month period, or the contract period, whichever period is shorter; e) access granted under this article shall apply only to the provision of services which is the subject of the contract, and it does not give the right to use the title of the party where the service is provided; and (f)) other discriminatory restrictions on economic need checks, including in relation to the number of individuals according to annex IX (reservations relating to provisional individuals presence business needs) Appendix 2. 128. Article 1 of the short-term business agents. the parties in accordance with their national legislation, shall endeavour to facilitate the short-term deals professional entry and temporary stay in their territories that are designed to do the following: (a) darbības39) research and engineering: technical, scientific and statistical researchers in the territory of the other party's business needs; b) marketing research: personnel conducting research or analysis, including market research, the company's needs, which are established in the territory of the other party; c) fairs and exhibitions: staff who attend fairs in order to promote the company or its products or services; and (d)) the tourism industry staff (representatives of the hotel, travel agents, tour guides or tour operators) attending tourism meetings, exhibitions or fairs, or participating in or implementing the travel, which begun in the territory of the other party; provided that such short-term business analyst: a) themselves are not involved in its sale of the goods or services to citizens or the supply of goods and services; (b)) on their own behalf do not receive remuneration from a source located in the European Union or of the other signatory States And they are temporarily staying in; and (c)) is not involved in the provision of the service, on the basis of a contract concluded between a legal person without a commercial presence in the European Union or of the other signatory States And short-term deals professional temporarily staying, and consumers of the European Union or of the other signatory States And. 2. If the other party's short-term business analyst entry and temporary residence in the territory of a party is allowed, it shall not exceed 90 days in any 12-month period. Chapter 5 REGULATORY provisions section 1 provisions having general application article 129 mutual recognition 1. Nothing in this section shall prevent a party to require that individuals have the necessary qualifications and/or professional experience specified in the relevant sector in the territory in which the service is provided. 2. The Parties shall encourage the relevant professional bodies within their territories to jointly develop and deliver to the Trade Committee recommendations on mutual recognition to ensure that investors and service providers fully or partially meet the criteria applied by each party for the investors, service providers and particularly professional services, licensing, and certification. 3. further to the recommendation referred to in paragraph 2, the Trade Committee shall consider it within a reasonable time to determine whether it is consistent with this agreement. 4. If the Trade Committee in accordance with paragraph 3 is accepted that recommendation in compliance with the agreement between the parties concerned, and the rules are reasonably match the parties for the purposes of implementing this recommendation to their competent authorities to reach an agreement on the requirements, qualifications, licensing and other provisions of the mutual recognition. 5. any agreement reached in accordance with paragraph 4, shall comply with the relevant provisions of the WTO agreement and in particular to article VII of the GATS. 130. Article transparency and disclosure of confidential information, each Party shall: 1. a.) immediately responding to all the other requests for specific information on its measures of general application or international agreements related to this section or affect it; and (b)) creates one or more points for the provision of information to the other party, upon request, investors and service providers to provide specific information on all matters referred to in (a)). Such information points are indicated in annex X (points for providing information on trade in services, business and electronic commerce). Points of information need not be the depositaries of the laws. 2. nothing in this section shall not require a party to provide confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice a particular public or private enterprises legitimate commercial interests. 131. Article domestic Framework 1. In sectors in which the parties have entered into specific commitments, each Party shall ensure that all are included in this section measures of general application are administered in a reasonable, objective and fair. 2. If the provision of the service or the business in respect of which the Parties assumed certain obligations, required the authorisation of the competent authority of the party within a reasonable time after the filing, which was declared complete in accordance with national laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant party, the competent authorities shall, without undue delay, provide information about the status of the application. 3. each Party shall maintain or establish judicial, arbitral or administrative instance or procedure, which allows the affected investors or by the service provider shall immediately consider the request of administrative decisions relating to the establishment, provision of services across frontiers or temporary presence of natural persons for business needs, and in justified cases also grant appropriate remedies. If such procedures are dependent on the authorities entrusted with the administrative decision concerned, the Parties shall ensure that the procedures actually provides an opportunity to consider the case objectively and impartially. 4. consultation between the parties, this article, where necessary, amend this section to reflect all the results achieved in the negotiations under the GATS VI. 4. Article and similar discussions in other multilateral fora where the parties involved, when the obligations come into force. 5. Pending the completion of the negotiations referred to in paragraph 4, which is based on GATS VI. 4. Article, no party shall not apply licensing and qualification requirements and technical standards that abolish or weaken their specific obligations in this way: (a)) which does not comply with the GATS VI. 4. (a)), (b)) and (c) the criteria set out in subparagraph); and (b)) which could not reasonably be foreseen from the parties at the time of certain specific commitments. 6. in determining whether a party to comply with the obligations laid down in point 5, take into account the relevant international organizāciju40 international standards, applied by that party. section 2 computer article 132 of the agreement in so far as trade in computer services computer services have been liberalised in accordance with Chapter 2 (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (an individual temporary presence business needs), joins the party in the next position, set out in subparagraphs as agreed: (a) a CPC code "84") that are used to specify the computer and related services, covering basic functions used by all computer and related services: computer programs, which are sets of instructions that are necessary to ensure the operation of the computer and communications (including the development and implementation of it), data processing and storage and related services, such as consulting and customer staff training. Technological progress has enabled more and more to offer these services as a linked set of services or a package, which may include some or all of these basic functions. For example, services such as Web hosting, domain or data mining services and režģisk computing consists of core functions of the computer;
(b)) computer and related services regardless of whether they are provided on the network, including the internet, are all services which are provided: (i)) to computers or computer systems related consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, update, support, technical assistance or management; (ii)), which is the computer program instructions which are necessary to ensure the operation of the computer and communications (in and of itself), along with software and consulting software strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, customization, maintenance, support, technical assistance, management or use; III) data processing, data storage, data, hosting or database services; (iv)) and office equipment, including computer equipment, maintenance and repair services; or v) with computer programs, computers or computer systems related training services customer personnel, not elsewhere classified; c) computer and related services allows you to provide other services (e.g. banking services) by electronic means, and other features. But there is a significant difference between enabling services (for example, network, or application hosting) and content or basic services provided electronically (e.g. banking services). In such cases, the CPC code "84" does not apply to content or basic services. section 3 of the mail and Messenger services, article 133 scope this section outlines the principles of the regulatory framework for all postal and courier services, for which there is a specific obligation under Chapter 2 (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (an individual temporary presence business needs). 134. Article definitions this section and section 2 (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (natural person temporary presence business needs) purposes: – "individual licence" means a licence, concession or other permission that the Governor assigns individual service provider and which must be obtained before providing a specific service; -the "universal service" is a postal service of specified quality permanent provision of places in each party's territory at affordable prices for all users. 135. Article anti-competitive practice prevention mail and courier services in accordance with section VIII (competition) rules, each Party shall introduce or maintaining the appropriate measures to those providers who are using their market position, separately or together, can significantly affect the conditions of membership (in terms of price or offer) mail and courier services market, not to initiate or to continue anti-competitive practices. 136. Article universal service in each party has the right to define the kind of universal service obligation it wishes to accept or leave. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and equitable manner and are not more burdensome than necessary for the kind of universal service defined by the party. 137. Article 1 of the individual licence. the parties require an individual licence only for services that are part of a universal pakalpojumā41. 2. If a party requires an individual licence, such information shall be made available to the public: (a) all the licensing criteria and) period, which is usually required to make a decision regarding the license application; and (b)) the individual license. 3. If a party refuses to issue a licence, the individual, upon request, inform the applicant of the reasons for the refusal. Each Party shall establish or maintain an appeal or review procedure according to the need for independent iestādē42. Such procedures are transparent, non-discriminatory and based on objective criteria. Article 138 the independence of regulators, regulators are legally separate from the postal and courier service providers and not reporting them. Regulators and the procedures applied are objective with respect to all market participants. section 4 telecommunications service in article 139 scope this section outlines the principles of the regulatory framework of the telecommunications services that are apraide43 and for which the obligations are laid down under Chapter 2 (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (an individual temporary presence business needs) 44 45.140. Article definition: application of the provisions of this section, "telecommunications dimensions" means the public telecommunications network and service delivery aprīkojums46 What: a) provide only or mainly one supplier or a limited number of suppliers; and (b)) is not economically or technically advantageous to replace, to provide services; "interconnector" means a connectivity with service providers that provide public telecommunications networks or supply pakalpojumus47 to allow one service provider users communicate with other users of the service provider and to access other service provider services;
"the main service provider" telecom industry is a service provider that could materially affect the terms of participation (in terms of price and supply) in the relevant telecommunications services market, because it controls the original equipment or use its position in the market; the "Governor" means the authority or authorities in the telecommunications sector, responsible for telecommunications regulation referred to in section; -"telecommunications services" means all services in the form of electromagnetic signal transmission and reception; the following services are not considered as an economic activity that provides the content necessary for delivery of telecommunications. 141. Article main providers security measures applicable in the area of competition in accordance with section VIII (competition) rules, each Party shall introduce or maintaining the adequate measures to prevent service providers, separately or in combination, are regarded as the main service provider, initiate or continue anti-competitive practices. For such practices, against competition, in particular: (a) participation is considered) the anti-competitive cross-subsidisation or difference of samazināšanā48; (b)) of the competitors for the use of the information of the results against competition; and (c)) barring other providers time to access to technical information for original equipment and relevant commercial information that they need to provide services. 142. PANTS49 additional requirements the main providers 1. In accordance with the relevant legislation of the parties and each party's regulatory procedures, where appropriate, the main providers determines the following obligations: a) the obligation to ensure transparency in relation to interconnection and/or access. If the main service provider is bound by the obligation in subparagraph (b)) to prevent discrimination, the regulator may require it to publish a reference offer, which is sufficiently separated to ensure that service providers do not have to pay for the equipment that they do not need to provide the service in question. This publication also describes the relevant quotations, divided into components according to market needs, and the associated terms and conditions, including prices. (b) the obligation of non-discrimination) in relation to interconnection and/or access to: (i)) to ensure that all the major service provider in its territory, the circumstances affecting the same conditions apply to other telecommunications service providers that provide equivalent services, and (ii)) and other service providers under the same conditions and of the same quality as they apply to their services or its subsidiary or partner services; c) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and cost accounting systems for interconnection and/or specific access type; and (d)) the obligation to fulfil other reasonable requirements of service providers to provide access to specific network elements and associated facilities, inter alia, its use in situations where the regulator considers that denial of access or unreasonable terms that have a similar effect, to hinder the development of sustainable competitive market at the retail level, or would not the interests of the end user. 2. in accordance with paragraph 1 (d)) may be applied to the major service providers, inter alia: (a) grant access to third parties) for certain network elements and/or equipment; (b) made in good faith discussions with) undertakings requesting access; (c)) at the wholesale level provides specific services for retail sale by third parties; d) grant access to technical interfaces, protocols or other essential technologies, without which it is not possible to ensure the interoperability of the network and which, upon request, allow the creation of interconnection with the additional points, which are the largest users of the proposed network termination point, for a fee, corresponding to the additional equipment required for construction costs; e) provide co-location or other forms of facility sharing, including the line, building or mast sharing; f) provides certain services that are necessary to ensure users full connection services including automated equipment interoperability, network services or roaming on mobile networks; and (g)) connects networks or network facilities. 143. Article regulators 1. Telecommunications Service regulators are legally distinct and functionally independent of the telecommunications service providers. 2. The Governor shall have authority to regulate the industry. Regulatory tasks published in an easily accessible and understandable form, in particular where tasks are assigned to more bodies. 3. the decision of regulators and the procedures used are transparent and equitable for all market participants. 4. the service provider affected by a decision of the Governor of Colombia's rights to use the appeal or review appropriate in the particular case of this regulator the independent institution. 5. Service Provider affected by Peru or the EU side of the decision, the Governor has the right to appeal against such a decision of the parties involved in the independent appeal body, which may be a judicial authority or extra-judicial body. 6. If the parties to the appeal body is not a judicial authority, of its decision it always justified in writing, and its decisions may be reviewed by the impartial and independent judicial authority. Review or appeal of the parties to the decisions taken by the authorities to effectively implement it. 144. Article permission to provide telecommunications services telecommunications services 1 approval issuance, the Parties shall endeavour to use simplified procedures. 2. in accordance with the legislation of each party apstiprinājums50 may be needed to deal with the number and frequency allocation issues. Approval of the rules available to the public. 3. If approval is required for: (a)) public approval criteria and all the information about the period of time normally required to reach a decision regarding the approval of the application; (b) approval of the application) the reasons of rejection the applicant shall communicate in writing the request; (c) the approval of the issuing unjustified) in the event of cancellation of the applicant's opportunity to ask for a review of this decision and/or appeal against the decision in accordance with the legislation of the party concerned; (d)) the parties determine a fee for the issuance of approval does not exceed the administrative costs, which usually occur in the approval of management, control and izpildē51. 145. Article interconnection 1. Each Party shall ensure that all providers who are allowed to provide telecommunications services in its territory, have the right to negotiate interconnection with other public telecommunications networks and services. Interconnection should in principle agree to commercial negotiations between the relevant service providers. 2. Each party's regulators require that service providers interconnection consultation process obtains information from another service provider, to be used only for the purpose for which it was provided, and always adhere to the transmitted or stored information privacy. 3. Interconnection with the main service provider provides, at any technically feasible point in the network. Such interconnection is provided: a) under non-discriminatory conditions (including technical standards and specifications) and rates and not the lower quality, which is similar to the main provider of the same or similar services to an unrelated service provider or its subsidiaries or other affiliates; (b)) time, on such terms and conditions (including technical standards and specifications) and cost-oriented as such rates that are transparent, reasonable, established under the economic feasibility, and sufficiently unbundled so that the service provider should not pay for network components or facilities that it does not need to provide the service in question; c) on request, extra points for most users the network termination points offered to the majority of users, for a charge, which reflects the necessary auxiliary equipment installation costs. 4. Each Party shall ensure that the procedures applicable for interconnection to a major service provider, is publicly available. 5. Each Party shall determine the requirements for major service providers from disclosing its interconnection agreements or a reference interconnection. 6. Each Party shall ensure that the service provider, who is requesting interconnection with a major service provider, every time or public disclosure of a reasonable period of time can turn to independent domestic body, which may be referred to in article 143 of the regulators to resolve the dispute within a reasonable period of time for the appropriate interconnection terms and rates. 146. Article limited resources, each Party shall ensure that all procedures concerning limited resources, including frequencies, numbers and rights, allocation and exercise of implementing the objective, timely, transparent and non-discriminatory basis. Data on the current situation regarding the allocated frequency bands be made publicly available, but do not have to specify more detailed data on the frequencies assigned to the specific needs of Government. 147. Universal service in article 1, each Party shall have the right to establish its universal service obligation, which it wants to accept or leave. 2. The above obligations referred to in paragraph 1 shall not be regarded as directed against competition per se, provided they are administered in a transparent, objective and non-discriminatory basis. Such a relationship is also an objective of the Administration in relation to competition, and it does not create a greater burden than required each party's specific type of universal service. 3. All service providers should be entitled to provide a universal service, and service provider does not preclude (a) a_priori. Authorization takes place through the efficient, transparent and non-discriminatory mechanism, in accordance with the legislation of each party. 148. Article lists of subscribers, each Party shall ensure that: (a)) all fixed telephone subscribers are available for users of the national regulators in a form whether printed or electronic, or both, and is updated regularly, i.e. at least once a year; b) organisations providing services referred to in point (a)), processing of information, which is provided by other organizations, such as the principle of non-discrimination. Article 149 information confidentiality each party, by means of public telecommunications networks and services, providing telecommunications and related data flow privacy without restricting trade in services. 150. Article service provider disputes 1. In the event of a dispute between the telecommunications network or service provider in connection with the rights and obligations set out in this section, the parties to the dispute the regulator after the person shall issue binding decisions to resolve disputes within the shortest possible period. 2. If the dispute is related to the provision of services across borders, the Parties shall coordinate the activities by regulators, they carry out, to settle the dispute. section 5 financial services 151. Article scope this section outlines the principles of the regulatory framework to all financial services in respect of which the obligations are defined in accordance with Chapter 2 of this title (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (an individual temporary presence business needs). This section shall apply to measures affecting financial services, sniegšanu52.
152. Article definitions this chapter and Chapter 2 (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (natural person temporary presence business needs) purposes: – "financial service" means any service of a financial nature offered by a financial service supplier of a party. For all financial services insurance services and insurance-related services, and all banking and other financial services (excluding insurance). For financial services consider the following: (a)) insurance and related services: i) direct insurance (including co-insurance): A) life insurance; (B) non-life insurance); (ii) reinsurance and retrocession); III) insurance intermediation, for example, brokers and agents; and (iv)) insurance services, such as consultancy, actuarial, risk assessment and claim settlement services. (b) the) banking and other financial services (excluding insurance): (i)) deposits and other repayable funds from the public; II) any lending, including consumer credit, mortgage credit, factoring and financing transactions; III) financial leasing; and (iv)) all payment and money transmission services, including credit, charge and debit cards, travellers ' cheques and bankers ' drafts; v) warranties and obligations; vi) following trade object in its own name or on behalf of clients, stock exchange or over-the-counter market: A) money market instruments (including cheques, bills of Exchange and certificates of deposit); (B) foreign currency); C) derivatives, including, but not limited to, futures and options; D) Exchange and interest rate instruments, including instruments such as swaps and forward rate agreements; E) securities; and (F)) other negotiable instruments and financial assets, including bullion; VII) participation as agent (whether publicly or privately) in all kinds of securities, including underwriting and placement and provision of services related to such issues; VIII) money brokering; IX) asset management, including cash or portfolio management, all forms of collective investment management, pension fund management, deposit and trust services management; x) financial asset clearing and interbank dealings, including securities, derivative financial instruments and other marketable securities; XI) and the provision of financial information and financial data processing and related software; and XII) Advisory, brokerage and other financial services in connection with all activities mentioned above) i to XII), including credit and credit database analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy; -"financial service supplier" means any part of the natural or legal person who wishes to provide or provides financial services. The term "financial service supplier" does not apply to public bodies; "the new financial service" means a service of a financial nature, including services related to existing and new products or the provision of the product type, which does not provide any financial service provider in the territory of either party, but which is supplied in the territory of the other party; ' public entity ' means: (a)) the parties the Government, central bank or monetary authority or party owned or controlled by the authority, mainly performing public administrative functions or procedures, except institutions which are principally engaged in the provision of financial services under commercial terms; or (b)), a private institution, it shall perform the functions usually performed by central bank or monetary authority; the "self-regulatory organization" is a non-governmental body, including securities or futures exchange or market, settlement agency or other organization or association, who exercises his or her delegated regulatory or supervisory powers over financial service providers; more precisely, a self-regulatory organization shall not be deemed authorized under Title VIII of monopolies (competition); "the service provided, in the exercise of State power", established in article 108: (a)), is also the central banks or monetary authorities or any other bodies governed by public law activities carried out in accordance with the monetary or exchange rate policies; b) transactions that have social security or public retirement plan law system; and (c)) other actions that public body shall review or with the guarantee or using the financial resources of the country; the application of article 108 defines the term "service provided, in the exercise of public powers", if the party allows its financial service providers to take any of the above) and (b) (c)) the following, in competition with a public entity or a financial service provider, laid down in article 108, the term "service" includes the following activities. 153. Article clearing and settlement system 1. subject to the conditions under which the grant national treatment, each party to the other financial services providers established in its territory, granting access to public-sector-driven payment and settlement systems and to official funding and refinancing facilities available, subject to normal business. This paragraph does not grant access to the parties the lender as a last option. 2. If a party: (a)) as a condition for other financial services providers to provide financial services in accordance with the same rules that apply to local financial service providers, self-regulatory organization for the participation, securities or futures exchange or market, the settlement agency or other organization or association, or access to it; or (b)) directly or indirectly provide the following privileges or advantages to the authorities the provision of financial services, it shall ensure that such authorities shall accord national treatment to the other financial services providers established in its territory. 154. Article precautionary derogation 1. Independently of the others in this section or in section V (current payments and capital) rules for reasons of prudence, a party may adopt or maintain the following measures: (a)) investors, depositors, policyholders or persons to whom the protection of the financial services provider's fiduciary responsibilities; (b)) your financial integrity and stability. 2. the measures referred to in paragraph 1, may not pose a greater burden, as it is necessary to achieve the objective of these measures, and to discriminate against other financial services or financial services providers in comparison with their similar financial services or financial service providers. 3. Nothing in this Agreement shall be interpreted so that the party would be obliged to disclose information relating to the individual customer transactions and accounts, or any confidential or copyrighted information which is public law. 4. without prejudice to other cross-border trade in financial services on prudential tools, party may request the other cross-border financial service provider, and the financial instrument for the registration or approval. 155. Article in effective and transparent regulation 1. Each Party shall endeavour to inform all interested parties in advance on all measures of general application which that party intends to adopt, to give these people the opportunity to express an opinion on the measures concerned. For the following measures: (a) inform the official publication); or (b)) otherwise in writing or electronically. 2. Each Party shall make available to interested parties in their application to fill out the requirements relating to the provision of financial services. 3. at the request of the applicant party shall inform the applicant of the status of the application. If that party requires additional information from the applicant, it shall immediately notify the applicant. 4. Each Party shall endeavour to ensure that its territory is being implemented and applied international standards relating to the regulation and supervision of financial services and money laundering and the financing of terrorism. This international standard is adopted the Basel Committee's core principles for effective banking supervision, the International Association of insurance supervisory authorities of the insurance approved guiding principles and methods, International Securities Commission organisations adopted a securities regulatory objectives and principles and the financial action task force's forty recommendations adopted in combating money laundering and the nine special recommendations to combat terrorist financing. 5. the Parties shall also take into account the G7 Finance Ministers invitations ten guiding principles for the exchange of information and the Organisation for economic cooperation and development ("OECD") agreement on Exchange of information in tax matters, as well as the G20 statement on transparency and exchange of information for tax purposes. 156. Article new financial services each party lets the other financial services provider established in its territory, to provide new financial services, which by the way is similar to the service which allows that party to provide their financial services providers in accordance with national law in similar circumstances. A party may determine the institutional and legal form in a new financial services can be provided and to request approval for such a service. If such confirmation is requested, the decision shall be taken within a reasonable period of time and may be refused only for reasons of prudence. 157. Article data processing 1. each Party shall permit the other financial services provider data the purposes of the processing on or outside its territory to transfer information in electronic or other form, if such treatment requires that the financial services provider's normal business. 2. Each Party shall take appropriate measures to protect the right to privacy and the right to personal privacy, family, home or correspondence, in particular in relation to the transfer of personal data. 158. Article 1 recognition of precautionary measures. a party may recognize any other State precautionary measures, determining the order as apply measures relating to financial services to this party. Such recognition, which may be achieved through harmonisation or otherwise, may be based on an agreement or arrangement with the country concerned, or it can assign autonomous. 2. a party that has concluded or intends to conclude an agreement referred to in paragraph 1 or the agreement, granted to the other party reasonable opportunity to negotiate its accession to such agreements or arrangements, or to negotiate with that side agreements or arrangements comparable conditions which would be equivalent regulation, oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the parties to an agreement or arrangement. If a party is granted recognition autonomously, it shall grant adequate opportunity to the other party to prove the existence of such conditions. 159. Article specific exclusions 1. Nothing in this section shall be interpreted so that the party, including its public entities, from exclusively in its territory to carry out transactions or provide services that are part of the national pension plan or statutory system of social security, except in accordance with the provisions of that part you can do the following financial service providers in competition with public entities or private institutions. 2. Nothing in this Agreement shall prejudice the actions or measures taken by the central bank or monetary, exchange-rate or a credit institution, or other public bodies in the exercise of monetary policy and the related credit or exchange rate policy. 3. Nothing in this section shall not be interpreted so that the party, including its public entities, denied its territory exclusive activities or provide services or its public bodies, with the surety or the financial resources to it. section 6 of international maritime transport services, article 160 scope and principles this section 1 describes the principles to all international maritime transport services, for which there are specific obligations in accordance with this section of Chapter 2 (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (an individual temporary presence business needs). 2. in the light of the level of liberalization that exists between the parties, the international marine transport, each Party shall: (a)) actually apply the principle of unrestricted access to the international maritime market and trade on a commercial basis and without discrimination; and (b)) granted to vessels flying the flag of the other party or operated other services, arrangements no less favourable than the treatment granted to the vessels themselves, inter alia, with regard to access to ports, port infrastructure and the use of ancillary services as well as related fees and charges, customs facilities and the offshore loading and unloading facilities. 3. in applying these principles, each Party shall: (a) not introduce cargo sharing) conditions for future bilateral agreements with third countries concerning maritime transport services, including the dry and liquid bulk trade and liner, and a reasonable period shall terminate such sharing arrangements, if it existed in previous bilateral agreements; and (b)) on the coming into force of this agreement, abolish and abstain to implement unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or discrimination with regard to the free provision of services in international maritime transport. 4. each Party shall permit other international maritime transport services, including maritime agencies to do business within its territory under the conditions of establishment and operation no less favourable than the terms of conditions as it applies in relation to your own or a third country service providers depending on where conditions are more favourable. 5. Each Party shall, in accordance with the reasonable and non-discriminatory terms the other international maritime transport services shall make available the following port services: pilotage, towing and tugboat assistance, supply, fuel and water supply, waste collection and disposal, the balance of the ballast port captain's services, AIDS to navigation, coastal operational services essential to the operation, including communications, water and electricity supply, emergency repair equipment, anchorage, berth and mooring. 161. Article definitions application of the provisions of this section and of Chapter 2 of this title (establishment), Chapter 3 (cross-border supply of services) and Chapter 4 (an individual temporary presence business needs): – "container deployment and storage services" means the operations which involve the storage of containers in the port areas or inland filling/discharge, repair and preparation for transport purposes; "customs clearance services" (or "customs brokerage services") are activities that involve the procedures of customs clearance on behalf of another person in relation to the import, export or transport of goods, if such services are the core of the service provider or a portion of its operating activities; -"freight service" is a measure that includes the organisation of freight transport and supervision on behalf of the consignor, transport services and the acquisition of related services, preparing documents and providing business information; -"international shipping" include the direct and intermodal transport services, transport of goods using more than one mode of transport, which involved the period of sea transport, with a single transport document, and therefore includes the right to a contract with a different mode of transport providers; "the maritime agency services" means activities which, within a given geographical area made the agent status, representing one or more of the marine line or the business interests of shipping for the following purposes: (a)) and the associated marine transportation service trade and sale, from pricing to invoicing, preparation of invoices of goods on behalf of the necessary related services, purchase and resale, document preparation and conduct information assurance; and (b)) on behalf of the shipping handling, organizing ship arrival into port or taking over the goods, if necessary; "the marine cargo handling services" means activities carried out in the stevedoring companies, including terminal operators, but not direct the activities of the port workers, if the workforce is organized independently of the stacking or terminal management companies. Activities included the following activities: (a) the organisation and supervision) of the ship loading/unloading from the vessel; (b) affixing/atsaitēšan); (c) the adoption/transfers) freight and storage before sending or after landing. Chapter 6 electronic commerce article 162 goals and principles 1. the parties, recognizing that electronic commerce expands trade opportunities in many sectors, agree to promote electronic commerce, mutual in particular cooperation matters arising from the implementation of electronic commerce in accordance with the provisions of this title. 2. the parties agree that the development of electronic commerce complies with the international standards of data protection to ensure user confidence in electronic commerce. 3. the parties agree that the supply made by electronic means, shall be deemed service provision of Chapter 3 (cross-border supply of services) means not subject to customs duties. 163. Article regulatory aspects of electronic commerce 1. parties maintain dialogue on regulatory issues arising from electronic commerce, inter alia, addressing the following issues: (a)) public electronic signature certificate issued, the recognition and promotion of cross-border certification services; b) intermediary service provider liability in connection with the transmission or storage of information; c) unwanted electronic commerce statement processing; d) consumer protection in electronic commerce among others against fraudulent and deceptive commercial practices in cross-border environment; (e) the protection of personal data); (f) the computerised trade facilitation); and (g)) other issues related to the development of electronic commerce. 2. the Parties shall implement such cooperation, inter alia through the exchange of information on relevant legislation and judicial practice, as well as the application of such legislation. 164. Article protection of personal data of their competence the Parties shall endeavour, in so far as is possible, to develop or maintain the personal data protection rules. Article 165 of the computerised management of the trade as far as possible, the Parties shall, within their respective competences, shall endeavour to: (a)) to provide free access to the management of trade documents in electronic form; and (b)) submitted electronically Trade Administration dokumentus53 legally assimilated to the paper size. 166. Article 1 of the consumer protection the parties recognise that it is important to maintain and to adopt transparent and effective measures to protect consumers against fraudulent and deceptive commercial practices, when they engage in electronic commerce transactions. 2. the parties recognise the reinforcement of consumer protection and local consumer protection authorities in cooperation with the electronic commerce-related activities. 7. exceptions to SECTION 167. Article 1 General exceptions subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable mutual discrimination between parties or disguised restriction in respect of establishment or provision of services across borders, nothing in this section and in section V (current payments and capital) does not preclude a party or take measures that: (a)) necessary for public safety or the protection of public morality or public order uzturēšanai54; (b)) the need of humans, animals or plants or the protection of public health, including in this context the necessary environmental protection measures; (c)) refers to the living and the dead rise to conservation of natural resources, if the following measures are applied in conjunction with local investors and local service or local consumption limits; d) necessary to protect the national treasure, having artistic, historic or archaeological value; e) necessary to ensure compliance with the laws and regulations which do not conflict with this section and section V (current payments and capital) 55 the provisions, including those relating to: (i) fraudulent or misleading) practice or on the consequences of contractual obligations; (ii)) the protection of privacy with regard to the processing of personal data and the release and accounting documents and personal privacy protection; III) security. 2. This section, annex VII (relating to establishment), annex VIII (list of obligations in relation to cross-border supply of services) and title V (current payments and capital) rules do not apply in respect of the parties, social security systems or to the activities in the territory of each of the parties involved (even if only occasionally) with the exercise of official authority. Title v current payments and capital movements, article 168 checking account payments and party transfers between parties on the current account of balance of payments in freely convertible currency, in accordance with the statutes of the International Monetary Fund to the provisions of article VIII. 169. Article relating to the capital account of balance of payments transactions, capital and financial accounts of the parties after the entry into force of this agreement, the free movement of capital relating to direct ieguldījumiem56 legal entities established under the laws of the host country and investments and other transactions carried out in accordance with title IV (trade, business services and electronic commerce) 57 rules, as well as the investment and profits into liquid products or repatriation. 170. Article precautionary measures 1. If in the case of Colombia, in exceptional circumstances, payments and capital movements cause or threaten to cause, serious difficulties for the Colombian currency exchange rate policy or monetary policy in action, Colombia may take safeguard measures with regard to capital movements for a period of not more than one year. These preventive measures may continue to apply after this period, if it has reasonable grounds for when this is necessary to overcome the extreme conditions that caused the application of safeguard measures. In this case, the other parties before Colombia shall communicate the reasons why precautionary measures are left in place. 2. If Peru and EU side case, the exceptional conditions, payments and capital movements cause or threaten to cause, serious difficulties for the exchange rate policy or monetary policy in the European Union for Peru or, accordingly, Peru or the EU may take safeguard measures with regard to capital movements for a period of not more than one year. 3. in exceptional cases the application of safeguard measures by the parties pursuant to paragraph 2 may be extended formally adopt these measures again, after the parties have mutually agreed between such re-employment. 4. under no circumstances may the measures referred to in paragraphs 1 and 2 shall not be used for commercial protection or the protection of the specific industry. 5. the party which adopts or maintains the protective measures, based on 1, 2 or 3, shall immediately inform the other parties about the impact of these measures and the scope and to submit as soon as possible a timetable for their removal. 171. Article final provisions to promote stable and reliable basis for long-term investment, the Parties shall consult with a view to promote the movement of capital between them, and in particular the capital and financial account of the gradual liberalisation. Title vi public procurement article 172 application of this section of the definition: "the building, operation and transfer contract and public works concession contract" is the contractual relationship with a main objective to ensure the physical infrastructure, factories, buildings, equipment and other State-owned buildings during construction or rehabilitation, under which as a reward for the performance of a procurement professional artist for a specified period shall be granted temporary ownership or the right to control, operate and require user charges for the use of the premises for the duration of the contract; -"commercial goods or services" means goods or services normally sold or offered for sale to the market-wide non-governmental buyers for non-governmental purposes and that these buyers tend to buy; -"construction service" means a service that aims to engineering works or works of the execution, by whatever means, on the basis of the UN Provisional Central Product Classification (hereinafter referred to as "the CPPC") section 51; "electronic auction" is an iterative process, in which suppliers, using electronic means to submit new prices or numerically expressible, and the price of non-competition elements new values related to evaluation criteria, or a combination of both, as a result, classified or reclassified in the tender offers; -"writing" or "in writing" means the provision of information in words or figures that can be read, reproduced and subsequently communicated. It can also be electronically transmitted and stored information; "the limited tendering procedure ' shall mean the procurement method in which the reviewer purchase consult one or more of the selected suppliers; the "measure" means any law, regulation or administrative procedure reference or practice or any activity carried out by the operator in connection with the purchase of the covered shopping; -"many times to use the list" is a list of the vendors that purchase reviewer has determined as being in accordance with the conditions of participation, which the reviewer purchase plans to use more than once; "the announcement of the upcoming procurement" is purchasing a reviewer's published statement that interested suppliers are invited to submit a membership application, or both; "the compensation transaction" means any condition or action that contributes to local development or improve the balance-of-payments accounts, for example, the use of local resources, licensing of technology, investment, to provide benefit and similar activities or requirements; "the public tender procedures" are the procurement method, under which all interested suppliers may submit their tenders; "the purchase of the" authority of the parties specified in annex XII (public procurement) in Appendix 1; -"qualified supplier" means a supplier where the purchase of the recognised that fulfilled the conditions for membership; -"selective tendering procedure ' shall mean the procurement method, according to which the offer can be made only to purchase reviewer invited qualified suppliers; "services" means the construction, unless otherwise specified; and, in the "technical specification" is a requirement of the tender procedure by which: (a) the purchased goods) or services supplied parameters, including the quality, performance, safety and dimensions, or the production or provision of processes and methods; or (b)) shall determine the requirements as to the terminology, symbols, packaging, marking and labelling, depending on the particular product or service. 173. Article 1 scope of application this section applies to any measure that a party apply to covered procurement. 2. for the purposes of this section, "covered procurement" means the movement of goods, services or a combination of goods and services for the purposes of government procurement, according to as annex XII (public procurement) set out in Appendix 1 relating to each party: (a)) which are not carried out for commercial sales or for the purpose of resale or use in commercial sale or resale for use in the production or supply of goods or services; (b)) carried out through contractual means, including purchase contracts, contracts for the purchase, lease or lease-purchase contract or without them, building, operation and transfer agreements and the public works concession contracts; (c)) that the date of the notification shall be published in accordance with article 176, is equal to the threshold for each party listed in annex XII (public procurement) in Appendix 1, or exceeds this threshold; (d) the purchase by the reviewer); and (e)) which are not otherwise excluded from the scope of this section. 3. Unless otherwise provided, this title shall not apply to: (a)), of land, existing buildings or other immovable property or concerning rights thereon acquisition or lease; (b) non-contractual agreements) or any other type of assistance provided by a party, including cooperative agreements, grants, loans, grants, equity investments, guarantees, endorsements and tax relief; (c)), to the following procurement or acquisition — the financial agent or the depository services, liquidation or management services for regulated financial institutions or services relating to the national debt, including loans and bonds, notes or other securities, sale, redemption and izplatīšanu58; d) public contracts of employment and related measures; and (e)) by: (i) purchase) with a special purpose to provide international assistance, including development aid; (ii)), in accordance with the procedures laid down conditions or international agreement that: (A)) related to the deployment of troops; or (B)) provides that the following signatories of the agreement to jointly implement the project; (iii)) under a special procedure of an international organisation or the condition or funded by international grants, loans or other aid if the applicable procedure or condition contrary to this section. 4. Each Party shall, in its relevant annex XII (public procurement) of Appendix 1 to Subpart specifies the following information: (a) subsection 1, the) Central Government authorities, the procurement of which apply to this section; (b) in the subsection, 2) territorial administration, the procurement of which this section applies; 3. subsection (c)): all other authorities which apply to the procurement of this section; d) subsection 4 – goods that fall within the scope of this section; 5. subsection e) — this section within the scope of services that are not construction services; 6. subsection f) — construction services, which fall within the scope of this section; and (g)) subsection 7: General remarks. 5. If the offender in connection with the purchase of the covered shopping requires that persons who are not in the hand of annex XII (public procurement) in Appendix 1, purchasing in accordance with the specific requirements for the following requirements shall apply mutatis mutandis to article 175. 6. The evaluation in assessing the value of purchase in order to find out if it is a covered procurement, procurement of non distributed purchasing individual procurements nor select or use special valuation method to determine the value of purchase in order to exclude wholly or partly from the scope of this section. 7. Purchase reviewer indicates provisional maximum total value of the purchase for the whole period regardless of whether the contract is awarded to one or more suppliers, taking into account all forms of remuneration, including premiums, fees, commissions and interest. If the check clause provided for in the purchase, purchase the reviewer indicates provisional maximum total value of the purchase, which includes check purchases. 8. If the individual procurement arises more than one contract or procurement into separate parts ("the periodic purchases"), the maximum total value shall be calculated on the basis of: (a) the total value of the purchase) throughout the period; or (b)) the same kind of goods or services, the value of the recurring purchases, granted in the previous 12 months or purchase reviewer's previous fiscal year, if possible by adjusting this value, to take into account the proposed changes to the goods or services purchased in quantity or value over the next 12 months; or (c)) the same kind of goods or services, the preliminary value of the recurring procurement for grant within 12 months after the initial award of the contract or purchase a reviewer's financial year. 9. Nothing in this section shall prevent a party to develop new procurement policies, procedures, or contractual means, provided that they comply with this section. 174. Article exceptions provided that such measures are not applied in such a way that they become a means of arbitrary or unjustifiable discrimination between parties for products or for hidden restrictions on international trade, nothing in this section prevents a party from adopting or maintaining measures: (a)) requires the public morality, public policy or security protection; (b)) require human, animal or plant life or health, including relevant environmental protection measures; c) necessary for the protection of intellectual property; or (d)) apply to persons with disabilities, the charities or the inmates produced goods or services provided. 175. Article 1 General principles for all measures relating to procurement: (a) covered) party, including EU procurement veicēji59, immediately and without conditions with respect to the signatory States And the goods and services and those of the suppliers of the signatory States, And providing such goods or services, apply arrangements no less favourable than the arrangements they apply to their products, services and suppliers; (b) each of the signatory States of the Andes), including its purchase of the operator, immediately and without conditions for EU goods and services, the parties and the EU side vendors that provide such goods or services, apply arrangements no less favourable than the arrangements they apply to their products, services and suppliers. 2. In the case of all measures relating to the covered shopping party, including its purchase of the operator: (a) the supplier) in relation to doing business in the country, does not apply to arrangements that are less favourable than the regime applied to someone else the supplier established in the country, on the basis of nationality or foreign ownership; or (b)) does not discriminate between suppliers established in the country, on the basis that the goods or services for which the supplier offers a particular procurement are goods or other services. 3. The purchase of the Purchase of the covered procurement carried out in a transparent and objective manner that avoids conflicts of interest and prevent corruption. 4. The purchase of the tender procedure, the operator uses the public, selective and limited tendering procedures in accordance with their national law and in accordance with this section. The use of electronic means 5. If a covered procurement procedure shall be carried out using electronic means of communication, the reviewer purchase: a) ensure that procurement is conducted using information technology systems and software, including through information authentication and encryption-related systems and software that are generally available and interoperable with other generally available information technology systems and software; and (b)) maintain mechanisms that ensure a membership application and integrity of tenders, including to allow a received time and prevents unauthorized access to them. 6. Rules of origin procurement needs Covered no party may not apply to products or services imported or supplied on the other hand, the rules of origin, which are different from the rules of origin that the party at the same time, in the ordinary course of trade apply to the same goods or services for import or supplies from the same party. Offsets under this section 7 or the related rules of the annex neither party does not request, or shall not be taken into account not applicable to compensation transactions. With the purchase of unrelated measures 8. paragraph 1 and paragraph 2 shall not apply to customs duties and charges imposed on or in connection with importation, to collecting such duties and charges, other import regulations and formalities, and measures affecting trade in services other than measures governing procurement covered. 176. Article procurement publication of information each Party shall: 1. a.) immediately publish all covered procurement related to the general applicability of the measures and all amendments to such measures officially designated electronic or printed media that is widely distributed and is easily accessible to the public; (b) upon request, providing these measures) explanation of the other party; (c)) annex XII (public procurement) Appendix 2 indicates the electronic or print media, which publishes a party) This information; and (d)) annex XII (public procurement) Appendix 3 shall specify the electronic media, in which half the advertise calls defined in this article, article 177, paragraph 1 of article 180 and paragraph 2 of article 188. 2. Each Party shall promptly notify the other parties of any amendments to the information provided in annex XII (public procurement) in Appendix 2 and 3. 177. Article for the publication of notices of upcoming procurement notice 1. for each of the covered shopping, unless there are circumstances set out in article 185, purchase reviewer shall publish a notice of the impending purchase of appropriate media specified in annex XII (public procurement) Appendix 3. Each such notice shall include in annex XII (public procurement), the information specified in Appendix 4. These notices by electronic means is available free of charge in a single access point. Notice of planned procurement 2. Each Party shall encourage its procurement workers as early as possible in each fiscal year to publish a notice of planned procurement. The notice should specify the subject of the purchase and the announcement of the upcoming purchase planned date of publication. 3. Purchase the operator specified in annex XII (public procurement) of Appendix 1 to Subpart 3, you can use the notice of planned procurement as a notice of the impending purchase, if it included so much information referred to in annex XII (public procurement) Appendix 4, as are available, and an indication of the fact that interested suppliers in the purchasing of your interest should be made available to purchase reviewer. 178. Article 1 membership conditions in relation to the purchase of the participation in the procurement procedure, only the conditions which are essential to ensure that the vendor is the legal and financial options and commercial and technical abilities to provide appropriate purchase. 2. to assess whether the supplier will comply with the conditions of participation, the reviewer purchase valued supplier financial, commercial and technical capacity to conduct procurement on the basis of the offender's territory and outside it, and that participation in the procurement procedure can not impose the condition that the parties concerned purchase reviewer above must be certified by the supplier one or more contracts or that the supplier must have previous work experience in the territory of the party concerned. 3. the assessment referred to in paragraph 2, of the Act of purchase in accordance with nosacījumiem4. Purchase reviewer can exclude suppliers based on bankruptcy, providing false information, significant or any major deficiencies existing requirements or performance of an obligation, which was provided for in a previous contract or contracts, judgements concerning serious crime or other convictions for serious public offences, violations of professional ethics or tax evasion. 5. Purchase reviewer may ask the tenderer to indicate in his tender the share of the contract he intends to release third parties and proposed subcontractors. The following shall not prejudice the question of the liability of the principal contractor. It has been previously stated by the notices or tender documentation. 179. Article selective contest 1. If the reviewer purchase plans to use selective tendering procedures, that: (a)) the expected procurement notice shall include at least the annex XII (public procurement), Appendix 4 (a)), b, d), (e))), (h) and (i))) the following information and invite suppliers to submit membership application; and (b)) to the period for the submission of tenders to the beginning gives qualified suppliers at least in annex XII (public procurement) Appendix 4 c), (f) and (g))) contains the information. 2. the Purchase of qualified suppliers recognise all domestic suppliers and all suppliers of the other party that meet the conditions for participation in a specific procurement, provided that the purchase of the notice of intended procurement does not set limits on the number of vendors who will be allowed to participate in the contest, and the limited number of suppliers of the criteria of selection. 3. If the documentation is not publicly available out of the notification referred to in paragraph 1, the date of publication of procurement shall ensure that the documents referred to in one and the same time becomes available to all qualified suppliers in accordance with paragraph 2. 180. Article many times saraksts60 used 1. Purchase reviewer can create or maintain a list of suppliers has often used when communication with an invitation to interested suppliers to apply for inclusion in the list is published each year and, if published, through electronic means of communication, it is continuously available in one of the supported media specified in annex XII (public procurement) Appendix 3. Such notice shall include in annex XII (public procurement), the information specified in Appendix 5. 2. Notwithstanding paragraph 1, if the many easy-to-use list is valid for a period of three years or less, the reviewer can publish the purchase referred to in that paragraph the statement specified only once, namely at the beginning of the period of validity of the list, provided that the notice contains the expiration date and that further announcements will not be published. 3. Purchase reviewer permission to apply for admission to many suppliers apply to list any time and reasonable period included in the list, all qualified suppliers. 4. the operator may use the procurement notice with which suppliers are invited to apply for inclusion on the list to be used many times, as the announcement of the impending purchase, provided that: (a)) Note is published in accordance with paragraph 1, and include the information required in accordance with annex XII (public procurement) in Appendix 5, all available information required under annex XII (public procurement) in Appendix 4, and reference It is a statement about the upcoming procurement; (b)) the authority for those suppliers that it has notified their interest to participate in the said purchase, promptly provide sufficient information so that they can assess their interest in participating in the procurement, including all other information required under annex XII (public procurement) Appendix 4, insofar as such information is available, and (c)) that is logged on to the supplier for inclusion in many easy-to-use list in accordance with paragraph 3, may be allowed to submit a tender for the procurement in question When you purchase a caller has enough time to verify that the supplier complies with the conditions of participation. 5. Purchase reviewer immediately inform any supplier who submitted the request for participation in a procurement or an application for the inclusion of many easy-to-use list, of the decision taken with regard to this request. 6. If the operator rejects the purchase request by the supplier, to participate in the procurement or the inclusion of many easy-to-use list, stopped to acknowledge the qualified supplier the supplier or deleted it from the many easy-to-use list, it shall immediately inform the supplier and after its request be given a written explanation of the reasons for its decision. 181. Article 1 the technical specifications of the Procurement does not develop, adopt and not apply technical specifications, as well as determine the conformity assessment procedures that actually create unnecessary obstacles to international trade, or for the purpose of creating such obstacles. 2. In fixing the technical specifications of the purchased goods or services, the purchase of appropriate: (a)) technical specifications and functional requirements of performance, rather than design or descriptive characteristics; and (b)) based on the technical specifications used in the international standards, if they exist, but otherwise, national technical regulations, recognized national standards or building codes. 3. where the technical specifications are used to design or descriptive characteristics of the procurement where appropriate, indicate that it will consider them in tenders for supply of goods or services, which are obviously attuned to the requirements of the procurement, including the tender dossier words such as "or equivalent". 4. Procurement of technical specifications specifies or requires a particular trademark or trade name, patent, copyright, design, pattern, origin, producer or supplier unless otherwise it is not possible to accurately or clearly describe the procurement requirements and provided that, in such cases the authority the tender dossier shall include the words "or equivalent". 5. Purchase reviewer from the person who may be interested in purchasing commercial, not requested nor accepted any recommendations that you can turn off the competition and which can be used in preparing or adopting technical specifications for a specific procurement. 6. Each party, including its purchase of the operator, in accordance with this article may prepare, adopt or apply technical specifications to promote the conservation of natural resources or protection of the environment. Article 182 of the tender documentation 1. Purchase reviewer provides suppliers tender documentation containing all information necessary for suppliers to prepare and submit the appropriate tender offers. If it is not already specified in the notification of an upcoming procurement, such documentation shall include a complete description of the requirements set out in annex XII (public procurement) Appendix 8. 2. Purchase the operator will immediately respond to any reasonable request for relevant information made by a supplier participating in the procurement, provided that such information does not give that supplier an advantage over its competitors in the purchase. 3. If, before the award of a procurement analyst change criteria or requirements set out in the notice of intended procurement or tender documentation provided to suppliers participating in the contest, or to amend the notice or tender documentation, writing it sends all such changes or revised statement issued, or repeatedly, or tender documentation: a) all suppliers who participate in the competition, when the amended information, if known and in all other cases, in the same manner as the original information was provided; and (b)) in due time, so that those suppliers could amend the tender offer and submit it again. 183. Article terms of Purchase according to its reasonable needs allow suppliers sufficient time to prepare and submit proposals for participation in the procurement and relevant tenders, taking into account such factors as the nature and complexity of the procurement, the extent of subcontracting anticipated and the time required for the transmission of tenders from foreign countries, as well as domestic points, if not using electronic means of communication. Applicable time limits are specified in annex XII (public procurement) Appendix 6. 184. Article talks 1. a party may determine their purchasers to hold talks: a) in connection with the purchase, for which they have indicated such intent to the notice of the impending purchase, or (b)) when the assessment that no one tender is obviously the most advantageous for the other offers under the notices or tender documentation determined the specific evaluation criteria. 2. Purchase Reviewer: a) ensure that the exclusion of suppliers participating in the negotiations, in accordance with the evaluation criteria set out in the notices or tender documentation; and (b)) if the negotiations are terminated, set a single deadline for other suppliers new or revised submission of tenders. 185. Article limited tendering procurement investigator may use limited tendering procedures and choose not to apply article 177-180, 182-184. Article 186 article 187 article and only under the following conditions: (a) if: (i))) has not submitted a tender or supplier is not logged on to the membership; II) has not submitted a tender which complies with the tender documentation requirements; III) supplier does not comply with the conditions of participation; or iv) submitted the tender offer related to the secret agreement; provided that the requirements of the tender dossier is not significantly changed; b) If goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services, as related to the purchase of works of art; patents, copyrights or other exclusive rights; or because, for technical reasons, there is no competition, such as the procurement of intuits personae; (c)) in relation to the original supplier of the goods or perform the services of additional supplies that were not included in the original purchase if the following additional suppliers of goods or services: (i) is not possible such economic) or for technical reasons, such as the requirements of interchangeability or interoperability with existing equipment, software, services or installations, which purchased the original purchase; and (ii) purchase reviewer) significant inconvenience or cost of significant increase; (d)) to the extent strictly necessary in the event of such an event affects the purchase by the investigator could not predict an extreme urgency and the goods or services cannot be obtained in good time, using the open or selective tendering procedures; e) for goods purchased on a commodity market; (f) if the purchase of the purchase) samples or a first good or service that is developed at its request in relation to a particular contract for research, experiment, study or oriģinālizstrād and, for the purposes of this agreement; g) for purchases made under particularly advantageous conditions from which there is only a very short period of time in the case of special sales, such as winding-up, insolvency or bankruptcy of the Administration, but not for regular purchases from regular suppliers; or (h)) if the contract is awarded to the winner of the design, provided that the contest has been organized according to the principles of this title and the participants assess the independent jury in order to grant the winner of the design contract. 186. Article if the purchase of an electronic auction the operator intends to carry out procurement procedures covered by using the electronic auction, before the start of the electronic auction it shall communicate to each Member: (a) automatic evaluation method), including a mathematical formula based on the evaluation criteria set out in the tender documentation and that the auction will be used during automatic classification or reclassification; (b)) the tender part of the initial evaluation results, if the contract be awarded to the most advantageous tender; and (c)) any other relevant information related to the auction. 187. Article examination of tenders and the award of contracts for the purchase of 1 receives and examines the open all tenders under procedures that guarantee the fairness of the procurement process and impartiality and offer privacy. It also kept secret at least until the tender offers to open it. 2. to consider the tender offer in connection with the award of the contract, it shall be submitted in writing and opened it conforms to the essential requirements set out in the notices and tender documentation, and it was received from a supplier which complies with the conditions of participation. 3. purchase reviewer decides that the award does not comply with the public interest, it will award the contract to the supplier that has been deemed capable to fulfil the provisions of the Treaty and submitted the tender judged most favourable is based only on the criteria that you specified in the notices or tender documentation, or who offered the lowest price if the price is the only criterion. 4. If the operator receives the purchase tender offer, in which the price is below the proportion in other tenders submitted for the price, it may consult with the vendor to verify that it complies with the conditions of participation and the ability to meet the provisions of the Treaty. 188. Article 1 of the procurement transparency of information. the procurement investigator shall promptly inform suppliers participating in the contest, its contract award decision and, on request, provide the following information in writing. Pursuant to article 189 and paragraph 3, procurement analyst, on request, provide the designated supplier not an explanation of the reasons why it is designated, and the designated vendor comparative advantages. 2. not later than 72 days after each such section is within the scope of the award of the contract of purchase shall publish a notice of the award of the contract in the appropriate print or electronic media specified in annex XII (public procurement) in Appendix 2, and indicates at least in this communication annex XII (procurement) the information specified in Appendix 7. If used only in electronic media, information is easily available within a reasonable period of time. 3. Purchase the operator stores the messages and records of tendering procedures related to procurement, including the covered reports laid down in annex XII (public procurement) Appendix 7 and keep such reports and records at least three years after the award of the contract. 189. Article disclosure 1. Party at the request of the other party shall promptly provide all the information necessary to determine whether the procurement was conducted fairly, impartially and in accordance with this section, including information on the characteristics and the successful supplier comparative advantages. In cases where the disclosure of the information would prejudice competition in future tenders, the party that receives this information, it could not disclose without consultation, by the party which provided the information, and without its consent. 2. Notwithstanding the other provisions of this title, including the procurement side, the operator does not provide suppliers information that might be detrimental to fair competition between suppliers. 3. Nothing in this section requires the party, including its purchasers, regulatory authorities and inspection bodies to disclose confidential information if it would impede law enforcement, would affect fair competition between suppliers, harm a specific person legitimate commercial interests, including intellectual property protection, or be otherwise contrary to the public interest. 190. Article local review procedures 1. each Party shall maintain or establish a timely, efficient, transparent and non-discriminatory administrative review or judicial review procedure by the supplier, who is interested in or has been interested in buying a covered, can be used to: (a) violation of this section;) or (b)), if, under the legislation of the parties, the supplier is not entitled to challenge directly the violation of this section, the parties of the measures, which implement this section that exists in connection with a covered procurement. 2. the procedural rules applicable in all mentioned in paragraph 1, in cases of dispute, are set out in writing and made generally available. 3. If the supplier under paragraph 1 above shall submit the complaint in connection with a covered procurement, in which he is interested or was interested in showing that an infringement has been committed or not measures the Party urges its perpetrators and suppliers procurement to address this issue through consultations between themselves. Purchase of objective and timely consideration to any such complaint, without prejudice to the supplier's participation in ongoing or future purchase or its right to request corrective measures in accordance with the administrative review or judicial review procedure. 4. suppliers are given enough time to prepare and lodge a complaint, and such period shall in no case be less than 10 days from the date on which the opposition is based became known to the supplier or when it should have become aware of. 5. each Party shall establish or authorize at least one neutral and of their purchasers independent administrative authority or court authority to adopt and review the supplier complaints filed in connection with a covered procurement. 6. If the original complaint authority that is not referred to in paragraph 5, the authority, the party concerned shall ensure that the supplier can deliver the initial review of the decision of the neutral administrative authority or judicial authority that is independent of the purchase of the operator, where the procurement is contested. A review body which is not a court, is subject to the supervision of the judicial authorities or apply procedures to ensure that: (a) the purchase of writing) the answer to the complaint and shall give all relevant documents to the review body; (b) participants in the proceedings) (hereinafter referred to as "the participants") have the right to be heard, before the review authority shall take a decision on the complaint; c) members may be represented and accompanied; (d) the members may participate in all) processes; e) participants have the right to request that the trial would be open and that you will be able to participate in the witnesses; and (f)) decisions or recommendations relating to supplier complaints be provided in good time and in writing, and shall be provided in each of the grounds for the decision or recommendation. 7. Each Party shall adopt or leave the force procedures that ensure: (a) rapid interim measures), to keep the supplier the opportunity to participate in the procurement. Such temporary measures will result in the purchase process can be stopped. Procedures may provide that, in deciding whether such measures should be applied, take into account the overriding adverse effects to the interests concerned, including the public interest. The absence of measures to provide a written justification; (b) a breach of this section) correction or compensation for loss or damage suffered, if the review body found that the irregularities referred to in paragraph 1 are not met or measures. Such a correction or refund may be limited to the preparation of the tender offer costs or costs associated with a complaint, or to both. 191. Article Coverage and revisions 1. If a party amends under this section to purchase coverage, it: (a) shall notify in writing the other) parties; and (b) include in the notice of proposal) appropriate compensatory adjustments to the other parties, to maintain a level of coverage that is at least equivalent to the level that existed before the change is made. 2. Notwithstanding paragraph 1 (b)) a party need not provide compensatory adjustments, if: (a) the amendment is not) or provides the essence of a formal correction; or (b)), the proposed amendment relates to the unit that the party no longer effectively controlled or influenced. 3. If the other party does not agree that: (a) the proposed adjustments that) mentioned in paragraph 1 (b)), it is sufficient to maintain a level of coverage comparable to that level for which a mutually agreed; (b) the proposed amendment is 2), point a (a)) referred to the slight amendment or formal correction; or (c)), the proposed amendment relates to the unit, as referred to in paragraph 2 (b)), the party is no longer actually does not control or influence; the following is to be provided to the other party in writing of its objection within 30 days after the notification referred to in paragraph 1, otherwise, including section XII (settlement of disputes) purposes, it is believed that the other party agrees to the amendment or proposed adjustments. 4. If the parties agree on the Marketing Committee of the proposed amendment, correction or amendment and little if any party has not objected within 30 days under paragraph 3, the Parties shall immediately amend the annex. 5. the EU side can at any moment to engage in bilateral negotiations with some of the other signatory States And to extend market access granted among themselves in this section. Article 192 of micro and small and medium-sized enterprises participation 1. Parties recognize the participation of micro and SMEs in the key role of public procurement. 2. the parties also recognize the importance of business associations that are created between the parties ' suppliers, especially among micro-enterprises and SMEs, including joint participation in tender procedures. 3. the parties agree to exchange information and work together to facilitate the micro-enterprise and SME access to public procurement procedures, methods and requirements of the contract, paying special attention to the specific needs of these companies. 193. Article 1 of the cooperation the parties recognise the importance of cooperation, which aims to improve the understanding of the parties ' public procurement systems, as well as to improve access to the markets of the parties and in particular those suppliers which are micro-enterprises and small and medium-sized enterprises. 2. the Parties shall endeavour to cooperate in such matters: a) the exchange of experience and information, such as legal framework, best practices and statistics; b) electronic means development and use of public procurement systems; (c) capacity-building and technical) support suppliers in relation to access to public procurement markets; (d) institutional strengthening) the implementation of the provisions of this section, including the training of public administration staff; and (e)) capacity-building to ensure access to procurement opportunities in multiple languages. 3. the EU side on request and according to its sole discretion provide assistance to potential applicants from Andean signatory States in connection with the tender offer and the selection of goods or services that may be of interest to the European Union or its Member States, the purchase of the operator. The EU side also helps these prospective applicants to meet technical regulations and standards relating to goods or services which are intended to purchase the relevant procurement. 194. Article procurement Subcommittee 1. the parties hereby establish a Sub-Committee on public procurement, which includes representatives of each party. 2. The Sub-Committee shall: (a) assess the implementation of this section), including the opportunities offered by improved access to public procurement, and recommend appropriate measures to the parties; (b)) evaluates and monitors the activities related to the cooperation between the parties; and (c)) without prejudice to point 5 of article 191, consider further talks, which aim to extend the scope of this section. 3. Public procurement Subcommittee meetings shall be held upon the request of the party at the time and place, as agreed, and the meeting is recorded. Section VII of the intellectual property chapter 1 General provisions article 195 These objectives are the following: (a) promoting innovation and creativity) and to facilitate the development of innovative and creative product for the production and placing on the market between the parties; and (b)) to achieve the proper intellectual property rights and effective protection and enforcement levels, which contribute to transfer of technology and the proliferation and contributes to social and economic welfare and to a balance between the rights holders and the public interest. 196. the nature of the obligation and ARTICLE scope 1. the parties reaffirm the rights and obligations in the WTO agreement on trade intellectual property rights (hereinafter "TRIPS Agreement"), and other multilateral agreements relating to intellectual property, as well as agreements that are administered by the World Intellectual Property Organization ("WIPO") in which the parties are parties. 2. The provisions of this title shall supplement and clarify the rights and obligations assumed by the parties under the TRIPS Agreement and other intellectual property-related multilateral agreements to which they are parties, and consequently no provisions of this title is contrary to such a multilateral agreement provisions or harm them. 3. the parties recognise the need to maintain a balance between intellectual property rights holders and the public interest, in particular in areas such as education, culture, research, public health, food security, environment, access to information and technology transfer. 4. the parties recognize and reaffirm the rights and obligations of 5 June 1992 adopted in the Convention on biological diversity ("CBD"), and support and encourage efforts to create a mutually supportive relationship between the TRIPS Agreement and the Convention. 5. for the purposes of this agreement, intellectual property rights include: (a) copyright, including copyright) to computer programs and databases; (b) copyright-related rights); (c) the right to a patent); (d)); e) trademarks, as far as the relevant national legislation are protected as exclusive property rights; f) designs; (g)) the configuration diagram circuits (topographies); h) geographical indications; I) plant varieties; and (j) the protection of undisclosed information). 6. for the purposes of this agreement, intellectual property protection includes protection against unfair competition as referred to in article 10 bis of the Paris Convention for the protection of industrial property (as revised by the Stockholm Act, 1967) ("the Paris Convention"). 197. the General principles ARTICLE 1. subject to the provisions of this title, each Party shall, in formulating or amending their laws and regulations, may apply the exceptions and derogations that are possible under the multilateral intellectual property agreements, in particular when measures are taken, necessary for public health or for the protection of food, as well as to ensure access to medication. 2. the parties recognise the 4th Ministerial Conference in Doha adopted the fundamental importance of the Declaration and, in particular, the Doha Declaration on the TRIPS Agreement and public health, adopted by the WTO Ministerial Conference of 14 November 2001 and subsequent events. This means the parties when they interpreted and implemented under this section, the rights and obligations, ensure compliance with this Declaration. 3. the Parties shall encourage, that is implemented and complied with the WTO General Council on 30 august 2003 decision on paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health, as well as in Geneva 2005 December 6, signed a Protocol on amendments to the TRIPS Agreement. 4. The parties also recognise that it is important to promote World Health Assembly (WHA) 24 May 2008 resolution 61.21 "global strategy and plan of action on public health, innovation and intellectual property". 5. in accordance with the TRIPS agreement neither the provisions of this title shall not prevent the party to adopt measures required to prevent the owners of intellectual property rights, abuse this right, or the activities that unduly restrict trade or adversely affect the international transfer of technology. 6. the parties recognise that technology transfer contributes to strengthening national capacity with a view to establishing a sound and viable technological base. 7. The parties acknowledge the importance of information and communication technologies influence on literature and art, artistic performances, phonograms and broadcasting consumption and therefore considers that it is necessary to the proper copyright and related rights protection in the digital environment. 198. Article national treatment in relation to intellectual property rights aizsardzību61 each party with respect to nationals of the other party apply arrangements no less favourable than the regime that it apply to its own nationals, subject to the exceptions already established in the TRIPS Agreement, articles 3 and 5. 199. Article most-favoured-nation regime for intellectual property protection, any advantage, favor, privilege or immunity granted by a party, any other country's nationals, immediately and without conditions shall also apply to nationals of the other parties pursuant to the TRIPS Agreement, article 4 and 5 under certain exceptions. 200. Article exhaustion each party has the right to create their own regime of exhaustion of intellectual property rights, subject to the provisions of the TRIPS Agreement. Chapter 2 biodiversity and traditional knowledge protection. Article 201 1. Parties recognize the components of biological diversity, and the indigenous peoples and local kopienu62 the associated traditional knowledge, innovations and practical experience meaning and value. In addition, the parties reaffirm their sovereign right to their natural resources and recognizes their rights and obligations set out in the CBD with regard to access to genetic resources and the use of genetic resources in a fair and equal benefit. 2. The parties recognise the indigenous and local communities in the past, present and future contribution to biodiversity and all its components in the conservation and sustainable use of indigenous and local communities and traditional investment in culture and zināšanu63 Nations in economic and social development in General. 3. In accordance with its national law, the parties, in accordance with article 8 (j) of the CBD) respects, sparing and retain indigenous and local communities with traditional lifestyles accumulated knowledge, innovation and practical experience, which is essential to the conservation of biodiversity and sustainable use, and with that knowledge, innovation maker holder and storage experience prior informed consent encourage the wider use and promote their use in a fair distribution of the benefits. 4. in accordance with article 15 of the CBD, paragraph 7, the parties again recognize their obligation to take measures to ensure the use of genetic resources in a fair and equitable benefit sharing. The parties also recognize that mutually agreed conditions can include a benefit-sharing obligations related to intellectual property rights, arising from genetic resources and associated traditional knowledge. 5. Colombia and the EU side will cooperate to further explain the genetic resources and associated traditional knowledge, innovations, and practical experience of the illegal usurpation of questions and concepts with the aim to identify appropriate measures to address this issue, in line with international and national law. 6. the parties, in so far as it relates to their territories for the existing indigenous and local communities to genetic resources and associated traditional knowledge, cooperate, in accordance with national and international law, to ensure that intellectual property rights do not conflict with the rights and obligations established in the CBD, and promotes the implementation of rights and obligations. The parties repeatedly acknowledges the CBD article 16 paragraph 3 rights and obligations for States that provide genetic resources, to take measures to ensure access to technology, which uses such resources, and to transfer such technology under mutually agreed conditions. This provision shall apply without prejudice to article 31 of the TRIPS Agreement, the rights and obligations. 7. the parties recognise that it is appropriate to require that patent applications of genetic resources and associated traditional knowledge the origin or source, given that it contributes to the genetic resources and related traditional knowledge use transparency. 8. the parties in accordance with their national law determines the application of any such requirements to promote compliance with the rules governing access to genetic resources and associated traditional knowledge, innovations, and practical experience. 9. the Parties shall endeavour to promote the exchange of information on patent applications and granted patents related to genetic resources and associated traditional knowledge, with the aim of using such information in substantive examination and, in particular, to determine if the presented information and knowledge have not been universally known in advance. 10. Pursuant to Chapter 6 of this section (cooperation) rules, the parties under mutually agreed conditions shall cooperate in investigating the patent in the field of training, training them to deal with genetic resources and related traditional knowledge related to patent applications. 11. the parties admit that the digital library or database, which is included in the appropriate information, it is useful to tools that you can use to test the genetic resources and related traditional knowledge-related inventions. 12. in accordance with the applicable international and national law, the parties agree to cooperate in their practical application in the system that ensure access to genetic resources and associated traditional knowledge, innovations and practical experience. 13. the parties may, by mutual agreement, to review this chapter, on the basis of the multilateral consultation results achieved and conclusions. 3. the provisions of the CHAPTER relating to intellectual property rights section 1 trademark article 202 international treaties 1. parties respect the rights and obligations established in the Paris Convention and the TRIPS Agreement. 2. the European Union and Colombia accedes to the Madrid Agreement concerning the international registration of marks Protocol adopted in Madrid on 27 June 1989 (hereinafter referred to as "the Madrid Protocol"), 10 years after the signature of this agreement. Peru makes every effort to adhere to the Madrid Protocol. 3. the European Union and Peru makes every effort to ensure compliance with the Treaty on trademark law, adopted in Geneva on 27 October 1994 (hereinafter referred to as "Treaty on trademark law"). Colombia is doing everything possible to comply with the agreement of the trade mark law. 203. Article registration requirements the trade mark on the market can be any sign or combination of signs to distinguish the goods or services of one undertaking from those of other undertakings. Such marks may be made in particular of the words, including names, person names, letters, numerals, figurative elements, combinations of sounds and colors, as well as from the following character combinations. Where signs are not inherently allows to distinguish the goods or services in question, the possibility of registration of the party can be associated with distinctiveness acquired through use. As a condition of registration the party can nominate it to be visually perceptible marks. 204. Article 1 of the registration procedure for classifying goods and services for which the trade mark is used, the parties used the rankings, established 15 June 1957 adopted in the Nice Agreement concerning the international classification of goods and services for registration of marks in force of this agreement and amendments. 2. each Puse64 provides trademark registration system in which each trade mark concerned authorities, the final decision is duly justified and reduced to writing. Trademarks of the reasons for the refusal of registration shall notify the applicant in writing, you will have the opportunity to challenge such a refusal and appeal against the final decision of the Court. Each Party shall provide the opportunity to express their opposition to the trade mark applications. This objection procedure is implemented according to the adversarial principle. Each Party shall ensure trade mark applications and registered trade marks of publicly available database. 205. Article widely known trademark parties work together to ensure real protection for the familiar trade marks referred to in the Paris Convention and article 6 bis of the TRIPS Agreement, article 16, paragraphs 2 and 3. 206. Article exceptions granted trade mark law 1. Provided that account is taken of the trademark right holders and third parties with a legitimate interest, each party as a limited izņēmumu65 the mark assigned law stipulates that in the course of trade is fair to use the same name and address, or descriptive terms in relation to the goods or services of the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or of rendering of the service, or other characteristics. 2. Each Party shall also determine limited exceptions that allow a person to use the trade mark where it is necessary to indicate the product or service, in particular as accessories or spare parts, the intended objective, provided that it is used in accordance with honest practices in industrial or commercial practices. section 2 geographical indications article 207 of the scope of application of this section in relation to the recognition of geographical indications and protection, which are having a party, the following are in force: (a)) in this section the geographical indications are indications that are based on specific national, regional or local place name, or any name that is not a specific national, regional or local place name, but rather indicates a specific geographical area and it that the product has been made in this area and the quality, reputation or other characteristics are determined exclusively or primarily geographic environment in which this product is manufactured, with its inherent natural and human factors; (b)) this section shall apply to parties of geographical indications to protect the other party only if the country of origin they are recognised and declared as protected; c) each Party shall protect the annex XIII (the list of geographical indications) in Appendix 1, agricultural and food products, wines, spirits and aromatised wine geographical indications under article 208 of the procedures from the date of entry into force of this agreement; d) geographical indications listed in annex XIII (the list of geographical indications) in Appendix 1 and are not affiliated with agricultural food products, wines, spirit drinks or aromatised wines, can be protected under each side of the applicable laws and regulations. The parties recognise that geographical indications listed in annex XIII (the list of geographical indications) in Appendix 2, is protected as a geographical indication in the country of origin; (e)) with the products linked to geographical indications, produced in the territory of the party, can only izmantot66 the manufacturer, manufacturers or craftsmen, whose plant is located in the territory of the party concerned or in the region, referred to in a particular point; f) If a party establish or maintain a system of geographical indications on the use of authorization, such a system confined to its territory protection for geographical indications; g) public or private bodies representing the geographical indication or the beneficiary organisation for this purpose is available at the mechanism that allows you to effectively control the protected geographical indications; and (h)) at its geographical indications that are protected in accordance with this section, shall not be considered common or generic designation of the product, so long as these indications are protected in their country of origin. 208. Article Approved geographical indications 1., after the opposition procedure has been completed, and of annex XIII (the list of geographical indications) in Appendix 1 of the European Union referred to geographical indications, the EU side has registered, And the signatory States protect such geographical indications under this section, a specific level of protection. 2. After you have completed the procedure and consideration of objections in annex XIII (the list of geographical indications) And referred to in Appendix 1 of the signatory States of the geographical indication, this is registered by the signatory States in the Andes, the EU side protect such geographical indications under this section, a specific level of protection. 209. Article New geographical indications to add 1. The Parties shall agree on the possibility of adding new geographical indications in annex XIII (the list of geographical indications) Appendix 1 after the opposition procedure has been completed and the geographical indications is addressed under article 208. 2. a party who wants to add a new geographical indication to your list in annex XIII (the list of geographical indications) in Appendix 1, in this respect the other party request the intellectual property Subcommittee. 3. Protection shall be applicable on the date on which the application is sent to the other party. This exchange of information shall take place to the Subcommittee on intellectual property. 210. Article on the protection of geographical indications of the scope of the parties 1 the geographical indications listed in annex XIII (the list of geographical indications) in Appendix 1, as well as references that have been added in accordance with article 209, the other party will protect against at least: (a)), the protection of geographical indications: (i) commercial use) identical or similar products which does not correspond to the geographical indications of the product specification; or ii) If is misused by a geographical indication in a certified reputation; (b) geographical indications) that does not identify wines, aromatised wines or spirit drinks, any other unauthorized izmantošanu67, which leads to uncertainty, including cases where the name is added to the references, such as style, type, imitation or similar indications that confuse the buyer; without prejudice to the provisions of this section, if a party amends its legislation to protect the geographical indication, which does not identify wines, aromatised wines and spirit drinks, a level that is higher than this level of protection provided for in the agreement, that party shall apply to the protection of such geographical indications listed in annex XIII (the list of geographical indications) in Appendix 1; (c)) the geographical indications in the case with which identify wines, aromatised wines or spirit drinks, against misuse, imitation or the evocation of, at least, this kind of products, even if the true origin of the product, or if the protected name is translated or accompanied by phrases such as "style", "type", "method", "as produced in", "imitation", "long", "similar", etc.; d) other false or misleading indication as to the origin of the product, origin, nature or essential qualities on the inner or outer packaging, or with the product-related marketing material, which can mislead about the origin of the product; and (e)) any other practice liable to mislead the consumer as to the true origin of the product. 2. If a party in negotiations with a third country offers to protect these third-country geographical indication and if the name is homonīmisk the other hand, the geographical name of the other party shall inform, and before the grant of the following name gives the opportunity to the other party to express their views. 3. the Parties shall notify each other that the stops of a particular geographical indication protection. 211. Article relation with trademarks 1. the Parties shall refuse to register or to recognise the invalidity of a trade mark corresponding to one of the 210. Article 1 of the situations referred to, in relation to the protected geographical indication identical or similar products, if a trade mark application is filed after the date of receipt of the application for geographical indications protection in the territory of the party. 2. Without prejudice to the protection of geographical indications of the Foundation established the parties law, there shall be no obligation on any party to protect a geographical indication where in connection with any common or well-known trademark such protection mislead consumers about the true identity of the product. 212. Article General provisions 1. the parties may exchange additional information intellectual property Subcommittee on the technical specifications of the product, which is protected by Annex XIII (the list of geographical indications) in Appendix 1 of the geographical indications. In addition, the parties can facilitate the exchange of information on their territory for the existing control structures. 2. Nothing in this section does not impose on the parties an obligation to protect a geographical indication that is not protected or in respect of which protection is terminated in its country of origin. If in respect of a geographical indication in its country of origin, protection ends, the party in whose territory has created this geographical indication, communicate it to the other parties. 3. the products referred to in this section of the specification: the specification, including the approved amendments that are approved by the authorities of the party in whose territory the product origin. 213. Article 1 of the cooperation and transparency, intellectual property Subcommittee party control for the purpose of promoting, where appropriate, the other party may request information on the conformity of the specifications of the product concerned and their amendments, which have been granted pursuant to this section to protected geographical indications, as well as on the contact points. 2. for other geographical indications that are protected in accordance with this section, each party can facilitate the control available to the public the relevant product specifications, or summaries thereof, as well as contact points. 214. Article this section does not affect the right of parties is already recognised by the free trade agreements with third countries. section 3 of the copyright and related rights 215. Article 1 of the protection conferred by a hand protected by authors ' rights to their literary and artistic works effectively and uniformly as possible. The parties also protects performers, producers of Phonograms and broadcasting rights in respect of their performances, phonograms, and broadcasts. 2. the Parties shall respect existing rights and obligations established in 1886 September 9, the Berne Convention for literary and artistic works ("the Berne Convention"), of 26 October 1961, the Rome Convention for performers, producers of Phonograms and protection of the rights of broadcasting organizations (hereinafter "the Rome Convention") and of 20 December 1996 adopted in WIPO Copyright Treaty ("WCT") and the WIPO Treaty on performances and Phonograms ("WPPT"). 216. Article 1 personal rights independently of the author's economic rights, and even after the transfer of such rights of the author shall be entitled to demand at least a specific work and authorship opposes the misrepresentation of such work, mutilation or other modification of, as well as other degrading actions in relation to this work that would prejudice the author's honour or reputation. 2. the rights granted to the author in accordance with paragraph 1, after the death of the author, at least until the expiry of the term of rights, and these rights may be exercised by persons or bodies to whom they have been assigned to the law of the country in which the protection is sought. 3. Regardless of the performer's economic rights, and even after the transfer of those rights, the bailiff has the right to have it recognised as an artist for the acoustic performance of the living or phonograms recorded performances, except where the artist name is not exposed the nature of use of the performance, and to object to the distortion, mutilation of performances or other transformation that may harm the reputation of this artist. This paragraph shall apply without prejudice to other national law recognized personal rights. 4. for the purposes of this article, the protection of the rights granted to the appeal for funds is governed by the law of the party where protection is sought. 5. Each Party may assign such personal protection that is higher than the protection laid down in this article. 217. Article collecting society parties acknowledge the copyright and related rights collective management societies of fundamental importance, in order to ensure their effective management of rights, as well as equal consideration received distributions that occur in proportion to the work, performance or phonogram for use, in accordance with the principle of transparency and management best practices and relevant legislation of each party. 218. Article copyright term 1. Copyright to literary and artistic works, Berne Convention within the meaning of article 2 are assigned to the author's life and 70 years after the author's death. 2. If the work has more than one co-author, referred to in paragraph 1, the term of protection is calculated from the death of its co-author, who died last. 3. If the work is anonymous or issued under the pseudonym, the protection granted by this agreement, the term is 70 years from when the work is lawfully available to the public. If, however, the author used a pseudonym lets you explicitly define the author's identity, protection shall apply to the time limit laid down in paragraph 1. If an anonymous work, or work published under the pseudonym author reveals his identity within the aforementioned period, as set out in paragraph 1, the term of protection. No one party is not required to protect anonymous works or works issued under the pseudonym, for which it can be reasonably assumed that the author died at least 70 years ago. 4. always work that is not a work of art or applied art, the term of protection is calculated based on other principles, not on the life of a natural person, such a period is at least 70 years from publication allow the end of the calendar year or, if the publication of such permission is not given at least 50 years since the creation of the work, 70 years from creation of the work, the end of the calendar year. 5. the work of a cinematographic or audiovisual work, the period of protection is at least 70 years from now, when the job became available to the public with the author's consent, or at least 70 years from the date of creation of the work if the work is at least 50 years since its creation the moment has not become available to the public with the author's consent. The party also may make of a cinematographic or audiovisual work term of protection ends when the last 70 years after the death of the last person who under national law was recognized as the author of the work concerned. 219. Article 1 the duration of related rights the term of protection to be granted to performers under this agreement are at least 50 years, and is calculated from the end of the year, when performance was recorded on a phonogram. 2. The term of protection to be granted to producers of phonograms under this agreement are at least 50 years, and is calculated from the end of the year, when the phonogram was published, or, if the phonogram is published for 50 years since the time of the recording of a phonogram, 50 years, calculated from the end of the year when the entry was made. 3. the term of protection granted to broadcasting organizations shall be at least 50 years from the end of the calendar year when the broadcast took place. 220. Article broadcast and sharing 1. For the purposes of this article:-"broadcast" means a sound or picture and sound, or the representation of the transmission system for the wireless public reception; the "broadcast" is also considered broadcasting via satellites; transmission of encrypted signals is "broadcasting" where the broadcaster provides public decryption features or if it will be granted with the consent of the broadcasting organizations; and, performance or phonogram "disclosure" means the performance of a phonogram or sound recorded sound or transmission to the public of their reproduction in any way, except for the broadcast. The application of paragraph 3, "disclosure" means the sound or a phonogram record sound rendering playback. 2. performers in respect of their performances have the exclusive right to authorize: (a) your recorded performance) the broadcasting and communication to the public, except where the performance is already a broadcast performance; and (b)) your recording recorded performances. 3. performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect phonograms for broadcasting or communication to the public use, published for commercial purposes. The parties may, in their national legislation, provide that the performer or phonogram producer or both of the parties may request a single equitable remuneration from the phonogram users. Parties may adopt legislation, which lays down the rules in accordance with which the performers and phonogram producers are divided between the single equitable remuneration in the absence of agreement between the performers and phonogram producers. 4. Each party to performers in respect of their recorded performances with the exclusive right to authorize or prohibit: (a)) direct or indirect reproduction; (b)), through sale or other transfer of ownership; (c) the original entry and it) copy of hire to the public; and (d)) the provision of access to a wired or wireless means that members of the public can access these records from a place and at a time individually chosen by them. 5. If the performers have had the right to ensure the availability of, or the right of a party to the leasing, in accordance with their national law may provide that the performer retains an irrevocable right to obtain an equitable remuneration may be charged duly authorised by the legislation of property rights collecting society. 6. the parties may, under national law, to recognize audiovisual performers irrevocable rights to equitable remuneration for the performance of recorded or broadcast to the public, and this compensation may charge a law duly authorised property rights collecting society. 7. the parties may, in their national legislation with regard to audiovisual performers ' rights may, in certain cases, impose restrictions or exceptions which do not conflict with a normal exploitation of the performance and do not unreasonably prejudice the legitimate interests of the performer. 8. Each Party shall provide for broadcasting organizations the exclusive right to authorize or prohibit the retransmission of a broadcast, at least for any wireless features. 221. Article technological protection means the parties adhere to the WCT and WPPT article 11 the provisions of article 18. 222. Article Information for the protection of society, the parties adhere to the WCT and WPPT article 12 the provisions of article 19. 223. Article art work of artists resale right 1. Without prejudice to article 14ter of the Berne Convention article 2 ter each Party shall grant the art work to the author and title of the successors after the death of the author in an integral and irrevocable rights to receive royalties based on sales price received for resale after the job has passed by. 2. the rights referred to in paragraph 1, shall apply in accordance with national law, in respect of all resale transactions, organized by auction or art market professionals, such as selling drugs and art galleries or other art dealers. section 4 designs article 224 international agreements the Parties shall make every effort to join the Hague Agreement concerning the international registration of industrial designs Geneva Act that Geneva 2 July 1999. 225. Article prasības68 of design protection 1. Each Party shall ensure the protection of independently created new designs. If the parties law allows, and can nominate the following individual character of the design. Designs protected through registration, and it gives the design holders exclusive rights in accordance with the provisions of this section. 2. a design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be protected under paragraph 1 only if that component after inclusion complex ražojumā69 is visible in the normal use of this product laikā70 and those visible features of the component part fulfil the requirements of the grant. 226. Article With the rights conferred by the registration of a registered design 1 holder has the exclusive right to at least prevent third parties not having the consent of the holder, make, offer for sale, sell, import, export and save the following products or use the goods, which include the protected design, when such acts are undertaken for commercial purposes. 2. the holder of a registered design shall also have the right to start legal proceedings against any person who manufactured or marketed a product design differs only slightly from a protected design or appearance corresponds to the protected design. 227. Article term of protection the term of protection of industrial designs shall be at least 10 years from the filing date of the application for registration. Parties may, in their national legislation, may provide for a longer term of protection. 228. Article exceptions 1. Parties may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate owner of the protected design interests, taking into account the legitimate interests of third parties. 2. Design protection shall not extend to designs that are made solely to technical or functional considerations. 3. A design right shall not apply to the features of appearance of a product that is required to reproduce the exact shape and size of the product, which is included in or used in the design, it would be possible to mechanically added to another product or another product insert, place around it or return it to both products to function. 4. a design right shall not be granted if it is contrary to public policy or morality. 229. Article relation with copyright protection of the design right can protect in accordance with the copyright laws governing, if the conditions are met for such protection. Each Party shall determine to what extent and under what conditions such a protection is conferred, including the level of originality required. section 5 patents article 230 1. the Parties shall comply with the Budapest Treaty on the international recognition of the deposit of microorganisms for patent purposes, adopted in Budapest on 28 April 1977 and amended in 1980 on September 26, 2. by article 9. 2. the European Union is doing everything possible to ensure compliance with the Patent Treaty, adopted at Geneva on June 1, 2000 ("PLT"). And the signatory States shall make every effort to join the PLT. 3. If a party to be able to market a pharmaceutical or agrochemical ražojumu71, must get permission from these matters to the competent authorities of the parties, that party shall make every effort to ensure the rapid processing of applications and thus avoid undue delays. The Parties shall cooperate and provide mutual assistance in order to achieve this objective. 4. in the case of patented pharmaceutical products, each party may, under national law, to introduce a mechanism by which the patent holder is compensated the existing patent expired unjustified shortening resulting from this first marketing approval of the product in that side. With such a mechanism are granted any exclusive patent rights under the same limitations and exceptions applicable to the original patent. section 6 of the REGULATED product for the SEPARATE data protection article 1 231. Each Party will protect undisclosed test results or other data related to the pharmaceutical ražojumu72 and agrochemical product safety and effectiveness, in accordance with article 39 of the TRIPS Agreement and its provisions. 2. in accordance with paragraph 1 and pursuant to paragraph 4, if the party as a condition for a new chemical entity containing pharmaceutical or agrochemical product marketing authorisation of stipulate disclosure of test results or other safety or effectiveness data, related party for pharmaceutical products be granted exclusive rights for a period of five years from the date of issuing a marketing authorisation in the territory of that party, but for products following agrochemical awarded for ten years During this period, and no third party can not commercialize the product, on the basis of such data, unless it submitted evidence proving the protected information with the express consent of the holder, or their test results. 3. For the purposes of this article, a new chemical entity "means an entity that has not been approved for use within the pharmaceutical or agrochemical product in accordance with national law. Accordingly, the parties need not apply this article in relation to pharmaceutical products using a chemical unit, which has been previously approved In the territory of the party. 4. the parties may determine: (a)) exceptions on grounds of public interest, national emergencies or situations of extreme urgency, when necessary, to third parties to ensure access to these data; and (b)) the simplified approval procedure of trade within their territory, based on the other hand granted marketing authorisation. In this case, the exclusive use period of data submitted in connection with the authorization, starting from the date of first use was issued marketing authorization, if this permission is granted within six months after the submission of the complete application. 5. as regards the products party agrochemical may determine the procedures by which it is possible to refer to not divulge information about the safety and efficacy associated with the tests and studies involving vertebrate animals, where and with whom you may put such information. The period of protection of the interested party, that such information is used, protect the holder of the information provided adequate compensation. Amount of such compensation is determined by the fair, equitable, transparent and non-discriminatory basis. The right to receive this compensation is valid as long as the protection force, which applied to the undisclosed information about safety and effectiveness. 6. in accordance with paragraph 5 of article 197 of the terms of protection laid down in this article shall prevent a party to take measures on intellectual property rights abuses or practices that unduly restrict trade. section 7 article 232 of the plant variety, the Parties shall cooperate to facilitate and ensure the protection of a plant variety right on the basis of the International Convention on the protection of new varieties of plants (the "UPOV Convention"), as revised on 19 March 1991, including the optional exception to the breeder's right, laid down in article 15 of the Convention, paragraph 2. section 8 unfair competition article 233 1. Each Party shall provide effective protection against unfair competition under the Paris Convention article 10 bis. For this purpose, any activity that is carried out with respect to industrial property in the course of trade and is contrary to fair commercial practice shall be regarded as unfair activity under the legislation of each party. 2. in accordance with the legislation of each party, this article can be applied without prejudice to the protection granted by this section. Chapter 4 intellectual property rights section 1 General provisions article 1 234. Without prejudice to the rights and obligations of the parties set out in the TRIPS Agreement, and in particular its part III, each party develop measures provided for in this chapter, procedures and remedies necessary to ensure the article 196 (a)) to (i)) defined the protection of intellectual property rights. 2. This chapter lays down measures, procedures and remedies that are quick, effective and proportionate and shall refrain from committing further violations, and these measures shall be applied so as to not create restrictions on legitimate trade and provide safeguards against abuse of such measures. 3. With the implementation of intellectual property rights-related procedures are fair and equitable, and shall not be unnecessarily complicated or costly, and does not provide for reasonable time limits or delays. 4. This chapter does not impose on the parties an obligation to create the specific intellectual property rights for the judiciary system separate from the ordinary court system, nor the obligation to split resources between intellectual property rights and rights in General. section 2 of the CIVIL PROCEDURE, administrative procedure and remedies in Article 235 237. This agreement, article 239 and 240 refer to activities which are carried out on a commercial scale, and parties may apply the measures provided for in those articles concerning other activities where this is not contrary to the law. 236. Article eligible applicants in each party of persons eligible to claim this section and part III of the TRIPS Agreement, the application of the measures referred to, propose procedures and apply the remedies are recognised: a) the owner of the intellectual property rights of the parties in accordance with applicable law; b) any other person authorised to use those rights, in particular the exclusive licensee and other licence holders, in so far as the parties to the applicable law so permits and in conformity with these laws; c) intellectual property collective rights management bodies which are regularly recognised as such, entitled to represent holders of intellectual property rights, in so far as the parties to the applicable law so permits and in conformity with these laws; (d) professional defence bodies), regularly recognised as such, entitled to represent holders of intellectual property rights, in so far as the parties to the applicable law so permits and in conformity with these laws. 237. Article evidence If intellectual property rights violations committed on a commercial scale, each Party shall take the necessary measures to the competent authorities of the receiving court on application by the party, as the case may require the opposite party in a banking, financial or commercial documents, subject to the requirements of the protection of confidential information. 238. Article measures for the conservation of evidence, each Party shall ensure that, even before the initiation of the proceedings on the merits in any case, the competent judicial authorities, when receiving an application from the person who has provided sufficient evidence available to justify the assertion that its intellectual property rights have been violated or about to be violated, may provide a quick, effective and proportionate provisional measures to preserve relevant evidence of the alleged infringement, subject to the requirements of the protection of confidential information. Such measures may be possible illegal trade and, if appropriate, in the manufacture of the goods and/or distribution of the materials used and tools, as well as a detailed description of the documentation associated with or without the taking of samples, or, if this is not contrary to national law, arrest. Where appropriate, these measures shall be taken without hearing the other side, in particular where any delay could cause irreparable harm to the right holder, or where there is a demonstrable risk that evidence may be destroyed. 239. Article right to information 1. Each Party shall ensure that the competent judicial authorities with the intellectual property right infringement proceedings, in response to the plaintiff's justified and proportionate request may require that information on the origin of the goods or services and distribution networks, which is in violation of intellectual property rights, giving the infringer and/or any other person: a) for which it has been established that they are in possession of illegal goods for commercial activity-specific; (b)) for which it has been established that it used illegal services on a commercial scale; (c)) that is found on a commercial scale services used in infringing activities; or (d)) (a)), which b) or c) that person is indicated as a person involved in the production of the product concerned, production or distribution or provision of the services concerned. 2. the information referred to in paragraph 1, according to the cases in question include: a) the manufacturer of the goods or services, manufacturers, distributors, suppliers and other former holders of names and addresses, as well as the intended wholesalers and retailers; (b)) information on manufactured, produced, delivered, received or ordered, as well as the quantities of the price paid for the goods or services concerned. 3. paragraphs 1 and 2 shall apply without prejudice to other legal provisions which: (a) the rights granted to the owner) eligible for more information; b) regulated under this article, the use of the information obtained in civil or criminal proceedings; (c) the responsibility for governing law) to information abuse;
(d)) provides for the possibility to refuse to provide such information to coerce the person referred to in paragraph 1 to admit that it or its close relatives have participated in the infringement of intellectual property rights; or e) is governed by the source of information or the processing of personal data privacy protection. 240. Article interim measures and precautionary measures 1 each Party shall provide under its legislation that the request of the plaintiff, the judicial authorities may order provisional measures against any person, to prevent a possible infringement of intellectual property rights or to prohibit the continuation of the alleged infringement, where appropriate, if provided for by national law, regular charging fines, or to allow the continuation of such action only If you have given a guarantee for compensation of the right holder. 2. Interim measures can also be established, to give orders to arrest or withdraw those goods that may infringe the intellectual property rights to prevent them getting into movement or sales channels. 241. ARTICLE 1 of the corrective measures. Party shall take the necessary measures to ensure that the competent judicial authorities at the request of the applicant, without prejudice to the damages caused by the infringement of the right holder and do not provide for any compensation, may order the infringer to undo items to permanently remove items from commercial channels or destroy the goods if they have found that these goods have violated intellectual property rights. Where appropriate, the competent judicial authorities may also give an order to destroy the materials and implements principally used in the creation or production of the goods. 2. the judicial authorities shall order to take the measures referred to in paragraph 1 to the infringer's expense, unless there are specific reasons not to do it. 242. Article court prohibition does not prejudice to the TRIPS Agreement, article 44 paragraph 2, each Party shall ensure that if it is accepted the Court ruling, which found an infringement of intellectual property rights, judicial authorities in respect of offenders may be issued a court injunction to prevent the continuing infringement. If the parties law allows, for defying a court ban on the case in question fine is charged regularly, to ensure that the court ban izpildi73. 243. Article alternative measures each Party shall, in accordance with their national legislation may provide that, in appropriate cases and at the request of the person covered 242 241. and/or measures provided for in this article, the competent judicial authorities instead to apply and/or 242.241. measures laid down in article, the innocent party can put cash compensation paid to the injured party if the guilty person has acted involuntarily and without negligence and where the taking of measures that person a disproportionate harm and compensation of the injured party It seems acceptable. 244. Article damages 1. each Party shall provide that, in determining damages, the judicial authorities: a) takes into account all the relevant aspects, such as the injured party in dealing with the negative economic consequences, including lost profits, the infringer's profits unfairly and, where appropriate, other elements, other than economic factors, such as moral damage caused by the infringement of the right holder; or (b)), as appropriate, alternative a) for damages may be set as a one-time payment, at least based on factors such as royalties or payment amount that would be received if the infringer had requested authorisation to use the intellectual property rights. 2. where the infringer's unlawful conduct engaged in unknowingly or not been aware of based it, the parties may provide that the judicial authorities may order the profit or loss recoveries in previously determined recovery. 245. Article Court costs each party in accordance with its national law as a general principle that justified and proportionate judicial costs and other expenses, including the payment of attorneys ' fees incurred in the case of the successful party shall be borne by the unsuccessful party, unless equity or other reasons do not have to split the costs otherwise. 246. Article publication of judicial decisions, each Party shall take the necessary measures to ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities, at the request of the plaintiff and of offending features can give an order to apply appropriate measures for the dissemination of information about the Court ruling, including notification of the ruling, and it for publication, in whole or in part. The parties may provide for other additional publicity measures as appropriate in the case in the existing conditions, including large-scale advertising. 247. Article presumption of copyright or property rights in applying the measures, procedures and remedies provided for under this agreement in connection with the implementation of copyright and related rights: (a) to the person) could be considered a literary or artistic work of authors and the resulting award it the right to take legal action against infringements, that enough to work normally appear in the person's name, if there is no evidence that person is not the author of the work in question. This shall apply even if such name is a pseudonym, where the pseudonym adopted by the author one allows you to explicitly define the author's identity; (b)) (a) of this article) shall also apply mutatis mutandis to the rights of copyright owners with regard to their protected subject matter. 248. Article administrative procedure insofar as the administrative process, the proceedings on the merits, you can determine the civil remedy, following the principles of the process, which comply with the relevant provisions of this section sets out principles. 249. Article on border Measures 1. Unless otherwise specified in article 1, each Party shall adopt, to the right of the owner of procedūras74, which is the basis for suspecting the import, export or transit, which is in violation of copyright or right on the zīmi75, facilitate the application in writing to the competent authorities with a view to ensuring that such residues customs release of goods for free circulation, or keep them. The Parties shall evaluate the application of these measures for goods for which there is a suspicion that they violated the use of geographical indications. 2. each Party shall lay down that, if the Customs authorities in the course of work arise reasonable grounds to suspect that the goods are in violation of copyright or right on the mark, they can postpone ex Oficio following the release of the goods or detain them, to enable the right holder according to the legislation of each party to start judicial proceedings or administrative proceedings in accordance with paragraph 1. 3. all the TRIPS Agreement part III section 4 rights or obligations on the importer shall also apply in respect of goods or the recipient of the exporter. section 3 mediation service provider liability in article 250 of the mediation services of the parties becomes aware that third parties may use mediation services for illegal activities. To ensure the free circulation of information services and at the same time the protection of copyright and related rights in the digital environment, each Party shall determine the measures set out in this section in relation to the mediation service providers if they are not in any way involved with the information transmitted. 251. Article mediation service provider liability: "simple" (mere conduit) 1. If a service is being provided, in the form of information provided by a recipient of the service for the transmission of communications networks or the provision of access to a communication network, each Party shall ensure that the service provider is not liable for the information transmitted, provided that the service provider: (a)) does not initiate the transmission; (b)) does not select the receiver of the transmission; and (c)) does not select or modify the transmitted information. 2. in paragraph 1 of this article the said data transmission and access assurance activities include Auto, starpniecisk and temporary storage of the information transmitted in so far as it is carried out solely for the purpose of broadcasting communications network and provided that the information is not kept for longer than the period required for transmission. 3. This section does not affect the possibility for a court or administrative authority, in accordance with each party's legal systems, of requiring the service provider to terminate or prevent an infringement. 252. Article mediation service provider liability, "" line "(caching) 1. If a service is being provided, in the form of information provided by a recipient of the service for the transmission of communications network, each Party shall ensure that the service provider is not liable for the automatic, starpniecisk and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, provided that such service provider: (a) do not modify such information); (b)) shall follow the rules of access to information; (c)) shall follow the rules of the updating of the information carried out in this sector, widely recognised and used; (d)) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and (e)), acts expeditiously to remove stored information or deny access to it to find this information in the original source of the transmission has been removed from the network, or access is denied, or the Court or the administrative authority is requested to remove such information or deny it access. 2. This section does not affect the possibility for a court or administrative authority, in accordance with each party's legal systems, of requiring the service provider to terminate or prevent an infringement. 253. Article mediation service provider liability: "storage" (hosting) 1. If a service is being provided, in the form of information provided by a recipient of the service in the store, each Party shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, unless the service provider: (a)) is not aware of illegal activity or information and requirements to pay damages is not aware of facts or circumstances indicating illegal activity or information; or (b)) by such information or reception, acts expeditiously to remove such information or deny it access. 2. paragraph 1 of this article shall not apply if the recipient of the action detects or controls the service provider. 3. This section does not affect the possibility for a court or administrative authority, in accordance with each party's legal system requiring the service provider to terminate or prevent an infringement, nor does it preclude the party develop information removal or barring of access procedures. 254. Article general monitoring obligations 1 the absence of the party does not impose a general obligation on providers, when they provided 251.252.253, and services described in this article, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. 2. the parties may determine the obligations of service providers in a timely manner to report to the competent public authorities of alleged illegal activities or of information provided by a recipient of the service, or upon request by the competent authorities to communicate information that helps to identify the recipients of the services with which they have concluded contracts for the storage of information. 5. Chapter technology transfer Article 255 1. the parties agree to exchange experience and information on national and international practices and policies that affect the technology nodošanu76. In this Exchange, in particular, include measures to promote the flow of information, partnerships, licensing and subcontracting in accordance with the principle of voluntariness. Special attention to the conditions that are necessary to create a favourable environment for sustained development of the relations between the parties ' scientific communities, the reinforcement of measures that promote the links, innovation and technology transfer between the parties, including issues such as the legal framework and human capital development. 2. the Parties shall facilitate and encourage, among other companies, public authorities, universities, research and technological centres dedicated to research, innovation, technological development activities, technology transfer and mutual distribution. The Parties shall, within its capabilities, promote capacity building and personnel exchange and training in the field. 3. the parties support the mechanisms by which to ensure their science, technology and innovation systems functioning institutions and expert participation in projects and in joint research, development and innovation networks with the aim of improving the ability of science, technology and innovation. These mechanisms may include: a) joint research, innovation and technological development, as well as educational projects; (b) scientists, researchers), trainees and technical expert visits and exchanges; (c)) of scientific seminars, conferences, symposia and workshops, as well as the joint organisation of participation in those activities of experts; d) joint research, development and innovation networks; e) Exchange and sharing of equipment and materials; (f) joint evaluation of work) the promotion and dissemination of the results; g) other actions agreed between the parties. 4. The parties should consider the establishment of mechanisms for the exchange of information about them in research, development and innovation projects that are financed from public funds. 5. the Party shall facilitate and encourage authorities within its territory and the use of incentives granted to the company for the transfer of technology And the signatory institutions and firms, to enable them to create a viable technological base. 6. Each Party shall endeavour to do all we can to assess the potential of their data and to facilitate the importation of equipment in and out of its territory, its associated with the research, innovation and technological development activities or uses such measures according to the provisions of this article, in accordance with applicable in the territories of each party law and regulatory framework, including under the dual-product export control regimes and related legislation.  Chapter 6 collaboration article 256 1. the parties agree to cooperate to support the commitment and obligations entered into under this section. 2. subject to the provisions of section XIII (technical support and capacity building for trade) rules, the cooperation may take the following measures, but are not limited to: a) the exchange of information on the legal framework for intellectual property rights protection and the implementing rules, as well as the exchange of experience between the EU and each of the signatory States of the And of the progress achieved in the field of legislation; (b) exchange of experience between the EU) and each of the signatory States And of intellectual property rights; (c) capacity-building of personnel) and exchanges, and training; d) information about intellectual property rights for the promotion and distribution of, inter alia, the business community and civil society, as well as consumers and right-holders, awareness raising; (e) the promotion of institutional cooperation), for example, between intellectual property offices; and (f)) public awareness and education, improvement of the assets of the intellectual property rights policy. 257. Article intellectual property Subcommittee 1. the parties hereby establish a Sub-Committee on intellectual property, in order to monitor the implementation of the provisions of this section. The Subcommittee shall meet at least once a year, unless the parties agree otherwise. These meetings may be held by any means, as agreed. 2. the intellectual property Sub-Committee shall adopt its decisions by consensus. The Subcommittee may adopt its own rules of procedure. Intellectual property Subcommittee is responsible for the information referred to in article 209 of the evaluation and amendment of annex XIII (the list of geographical indications) in Appendix 1 relating to geographical indications for initiation to the Trade Committee. Section VIII competition 258. Article definitions 1. for the purposes of this section:-"competition law" means: (a) the party — EU) of the Treaty on the functioning of the European Union, 102.101 and article 106, Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC merger regulation) and their implementing regulations and amendments; (b) in the case of Colombia and Peru) the following, as appropriate: (i)) local laws related to competition and accepted or left the force according to article 260, as well as the implementing provisions and amendments; and/or (ii)) And on the Community law applicable in Colombia or Peru, and their implementing regulations and amendments; "competition authority" and "competition authorities" shall mean: (a) the party) in the EU: European Commission; and (b)) and Colombia Peru, the national competition authorities. 2. Nothing in this article shall affect the jurisdiction granted by the parties of their respective regional or central administration of competition law effective and coherent implementation. 259. the objectives and principles ARTICLE 1. Recognizing the important role of free competition and the fact that anti-competitive practices can distort the proper functioning of the market, thus affecting the economic and social development, economic efficiency and consumer welfare, and reduce from the implementation of this agreement, the parties to the benefit of its competition policy and legislation. 2. the parties agree that the following practices are contrary to this agreement, in so far as it affects the parties ' mutual trade and investment: (a) any agreement, decision), recommendation or coordinated actions that are designed to prevent, restrict or distort competition in their respective competition laws or the causes of such effects; b) abuse of a dominant position the respective competition laws; and (c)) the merger that significantly impede effective competition, in particular because this will strengthen a dominant position, in accordance with the relevant competition law. 3. the parties recognise that their respective competition authorities cooperation and coordination is essential to continue the effective implementation of competition policies and legislation, including the notification provided for in article 262, consultation, information exchange, technical assistance and the promotion of competition in the event of fundamental importance. 4. the Parties shall encourage and foster measures designed to strengthen competition within their jurisdiction, in accordance with the objectives of this agreement. 260. Article competition legislation, authorities and policies each party maintains the competition law relating to paragraph 2 of article 259 of that practice, and shall take appropriate measures with regard to such practices. 2. each Party shall establish or maintain a competition authority responsible for the relevant competition law is effectively implemented and is properly equipped for this purpose. 3. the parties recognise that their respective competition laws transparent, timely and non-discriminatory application, subject to procedural justice and the rights of defence of the parties to the principles, is essential. 4. Each Party retains its autonomy to develop, improve and implement their competition policy. 261. Article cooperation and exchange of information 1. the Parties shall make every effort to to their competition authorities to cooperate with the implementation of competition law matters. 2. The competition authority of a party may request the other party's competition authority to cooperate in enforcement activities. Such cooperation shall not prevent the parties to take independent decisions. 3. the competition authorities to exchange information, to promote their respective competition legislation effectively. 4. Whenever the competition authorities shall exchange information on the basis of this article, they shall take account of the relevant legislation limits.
5. If a party believes that anti-competitive practices referred to in paragraph 2 of article 259 and is implemented in the territory of the other party, have an adverse effect on the territory of both parties or their mutual trade relations, that party may request the other party to make it law-enforcement activities. 6. competition authorities can continue strengthening cooperation, using the appropriate means or instruments according to their interests and capabilities. 262. Article 1 of the Reporting party's competition authority, through appropriate administrative resources, shall notify the other party's competition authority on competition law enforcement, which it considered that can affect that other party's significant intereses77. 2. the notification referred to in paragraph 1 shall, as soon as possible, without prejudice to its party's competition law, which provided notice, or does not affect the ongoing investigation. 263. Article Authorized monopolies and State enterprises 1. Nothing in this Agreement shall prevent a party to establish or maintain a State or private monopolies and State enterprises under the law aktiem78. 2. Each Party shall ensure that the national companies and monopolies applies its competition legislation, in so far as the application of these rights in law or in fact does not prevent these companies asked the public tasks. 3. with regard to State enterprises and monopolies are not authorized one of the parties does not accept or does not leave in force measures contrary to the provisions of this title and distort mutual trade and investment. 264. Article 1. Technical support for the implementation of the objectives set out in this title, the parties recognize the important role of technical support and contribute to the cultural development of competition. 2. in paragraph 1 of this article, these initiatives among other draws on the technical and institutional capacities for the implementation of competition policy and competition law enforcement, as well as to the training of human resources and experience. 265. Article 1 of the consultation between the parties or for the purpose of raising awareness in order to address specific issues that arise in connection with this section, a party at the request of the other party accepts the invitation to the meeting, without prejudice to his right of action under its competition law and while maintaining full autonomy in relation to the question of adoption. 2. the party which requests the consultations, on the basis of paragraph 1, indicate how the issue affects the proper functioning of the market, consumers and the mutual trade and investment. Requested Party paid serious attention to the expressed concerns of the requesting party. 266. Article dispute not one party can not be used in section XI (settlement of disputes) of the dispute settlement mechanism in respect of matters arising under this title. Title IX TRADE and sustainable development article 267 context and objectives 1. Recalling the Rio Declaration on environment and development and the plan of action "Agenda 21", the United Nations Conference on environment and development, adopted 14 June 1992, adopted in September 2000, the Millennium development goals, September 4, 2002 adopted at the Johannesburg Declaration on sustainable development and its plan of implementation, as well as the Ministerial Declaration of productive full-time employment and decent work the United Nations Economic and Social Council adopted in September 2006, the parties reaffirm their commitment to the sustainable development of current and future generations of prosperity. In this regard, the parties agree to foster international trade so as to promote the achievement of the objective of sustainable development, and to integrate and reflect the goal of mutual trade relations. The parties, in particular, highlights the benefits that are gained, the darba79 related to trade issues and environmental issues when looking at as part of a global approach to trade and sustainable development. 2. Having regard to paragraph 1, these objectives are, inter alia, the following: (a) the parties) to promote dialogue and cooperation to facilitate the implementation of the provisions of this section and to strengthen the links between trade, labour and environment policies and practices; b) improve matching of each party's laws and work in the field of environmental protection, as well as the parties ' obligations arising from article 269 and 270. referred to in international conventions and agreements, as an essential element to enhance the contribution of trade to sustainable development; (c) strengthening marketing and trade) policies, the importance of biodiversity and natural resource conservation and sustainable use, as well as reducing pollution according to the objective of sustainable development; (d)) to strengthen the commitment to the principles and rights of the work in accordance with the provisions of this title as an element that is essential to enhance the contribution of trade to sustainable development; e) promote public participation in this section include issues. 3. the parties reaffirm their commitment to fulfil their commitments made in this section, taking into account their capabilities, in particular technical and financial capacity. 4. the parties reaffirm their commitment to address global environmental problems in accordance with common but differentiated responsibility principle. 5. the provisions of this title shall not be construed or used as a means of arbitrary or unjustifiable discrimination between the parties or as disguised restrictions on trade or investment. 268. Article regulatory rights and levels of protection recognizing the sovereign right of each party to develop a national policy and to set priorities for sustainable development as well as its environmental and labour protection levels corresponding to 269 and 270 referred to in article internationally recognised standards and agreements, and to adopt or modify accordingly its relevant laws, rules and policies, each Party shall endeavour to ensure that its legislation and policy to establish and promote high environmental and labour protection. 269. Article multilateral agreements on employment standards and 1. The parties recognise the international trade, productive employment and all decent work on the elements that are essential to the process of globalisation management and recognize their commitment to promoting the development of international trade in a way that promotes productive employment and accessible for decent work. 2. the Parties shall, where appropriate, maintain dialogue on mutual interest in the work related to trade issues and cooperate in these matters. 3. Each Party shall undertake, in their legislation and practices and to promote the whole of their territory and the effective implementation of internationally recognised core labour standards set out in the main International Labour Organization (hereinafter referred to as the "ILO") conventions: a) freedom of Association and right to collective bargaining of actual recognition; (b)) all types of forced or compulsory labour eradication; (c) the actual child labour); and (d)) non-discrimination in respect of employment and occupation. 4. the Parties shall exchange information on the situation and trends of priority ILO conventions and other conventions which had been categorised as the ILO conventions, the ratification of updated field. 5. the parties stress that employment standards should not be used for protectionist trade purposes, and that in no way should not call into question the comparative advantage of one party. 270. Article multilateral environmental standards and agreements 1. the parties recognise the international environmental management and agreement as the international community's response to the global or regional environmental problems of value and emphasises the need to improve the links between trade and the environment. In this context, the parties maintain dialogue and consistent with the need to cooperate mutually interested in environmental issues related to trade. 2. the parties reaffirm their commitment to their legislation and practice to effectively implement the following multilateral agreements in the field of the environment: 16.1987 September adopted the Montreal Protocol on ozone depleting substances, 22 March 1989 the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, 22 May 2001 adopted Stockholm Convention on persistent organic pollutants, 1973 3 March signed the Convention on international trade in endangered species of wild fauna and Flora ("cites") , The CBD, of 29 January the CBD adopted the Cartagena Protocol on Biosafety, 11 December 1997, adopted at the United Nations Framework Convention on climate change Kyoto Protocol ("the Protocol") and the 1998 10 September adopted the Rotterdam Convention on procedure, under which international trade in the prior informed consent for certain hazardous chemicals and pesticides 80.3. the Trade Committee shall, on the basis of Trade and sustainable development, the proposal of the Subcommittee may recommend that paragraph 2 be extended to other multilateral agreements in the field of the environment. 4. Nothing in this Agreement shall prejudice the right of Parties to adopt or maintain the measures referred to in paragraph 2 for the implementation of the agreement. Such measures are not applied in a manner which would result in arbitrary or unjustifiable discrimination between the parties or a disguised restriction on trade. 271. Article sustainable development trade. Hand 1 again recognizes that trade should contribute to sustainable development. The parties also recognise that labour standards and decent work can have a beneficial effect on economic efficiency, creativity and productivity, as well as the value of greater coherence between trade policy, on the one hand, and labour policies, on the other hand. 2. the Parties shall endeavour to promote and stimulate trade in environmentally friendly goods and services, as well as direct foreign investment in this area. 3. the parties agree to promote business best practices on corporate social responsibility. 4. the parties recognize that flexible, voluntary and incentive-based mechanisms can improve the coherence between trade and sustainable development. In this context, and in accordance with their laws and policies, each Party shall encourage the development of such mechanisms and use. 272. Article biodiversity 1. Parties recognize the biodiversity and all of its component of conservation and sustainable use as a key element of sustainable development. The parties confirm their commitment to preserve and sustainably use biodiversity under the CBD and other international agreements to which they are parties. 2. The Parties shall continue to work on its international objectives, which provide for the establishment and maintenance of comprehensive, effectively managed and ecologically responsible national and regional systems for land and marine protected areas, respectively, by 2010 and 2012 as the conservation of biological diversity and sustainable use of instruments. The parties also recognize the importance of protected areas and their buffer zones in the areas of population well-being. 3. the parties will jointly promote the practice and development of the programme, the purpose of which is to promote the appropriate economic return on biodiversity conservation and sustainable use. 4. the Parties shall, in accordance with its national law recognises the CBD obligations to respect, preserve and maintain the indigenous and local communities with traditional lifestyles accumulated knowledge, innovation and practical experience, which is essential to the conservation of biodiversity and sustainable use, and with that knowledge, innovation maker holder and storage experience prior informed consent encourage the wider use and promote their use in a fair distribution of the benefits. 5. Recalling the CBD article 15, the parties recognise the sovereign rights of States over their natural resources and the fact that national Governments have the authority to determine access to genetic resources under their national legislation. Furthermore, the parties recognise that they must endeavour to create conditions that facilitate access to genetic resources for environmentally friendly use, rather than creating restrictions that are contrary to the objectives of the CBD, and that following the availability of genetic resources should be conditional on the prior informed consent, providing such resources, unless that Party decides otherwise. Parties shall implement appropriate measures, in accordance with the CBD, to fairly and honestly and according to mutually agreed terms divided into research and development results and benefits from genetic resources, commercial or other use by the party providing such resources. 6. the parties, using tools such as capacities and technical support, seeking to reinforce and enhance the capacity of national institutions responsible for the conservation and sustainable use of biological diversity. 273. Article forestry product trade to promote sustainable forest management, the parties recognise that it is essential to apply the practice, which, in accordance with national laws and procedures to improve forest law enforcement and governance and promote sustainable forestry and the marketing of the product and which may include the following measures: (a) effective implementation of the OTHER) and use in relation to tree species, which can be considered as endangered According to the criteria of the Convention and in accordance with this Convention; (b) the system and mechanism) that allows you to check the legitimate origin of wood throughout the marketing chain; c) international markets recognized voluntary forest certification mechanisms; (d) the promotion of public participation in) the lumber used in the manufacture of forest resource management and transparency for such participation; and (e)) timber production control mechanisms, including through the strengthening of independent supervisory authorities in accordance with the legal framework of each party. 274. Article 1 of the fish products marketing. The parties recognise the need for rational and responsible to maintain and manage fish resources, to ensure sustainability. 2. the parties recognise the need for cooperation between regional fisheries management organizations (hereinafter referred to as "RFM") in which they are parties, to: (a)) review and adjust the fishing capacity of fisheries resources, including those resources are affected by the excessive catches to ensure that fishing practices are commensurate with the fishing opportunities available; (b) adoption of effective) monitoring and control instruments, such as monitoring programs, monitoring programs, handling control and port State control to ensure full compliance with the applicable conservation measures; (c)) the adoption of the measures illegal, unreported and unregulated (IUU) fishing; in this regard, the parties agree to ensure that their flag vessels navigating fish under the provisions adopted, RFM and punish vessels in accordance with its national law for breaches of these provisions. 275. Article 1. Climate change having regard to the United Nations Framework Convention on climate change ("UNFCCC") and the Kyoto Protocol, parties recognise that climate change is an important general and global issue that requires the widest possible cooperation by all countries and their participation in an effective and appropriate international activities in the present and future generations of mankind. 2. the parties undertake to intensify their efforts in relation to climate change, organised by the developed countries, including the promotion of public policies and appropriate international initiatives to mitigate climate change and to help adapt to them, based on the principle of equality and in accordance with common but differentiated responsibilities, respective capabilities and social and economic circumstances, as well as taking into account in particular the needs, conditions and the high vulnerability of the parties to the climate change adverse impacts where are the developing countries. 3. The parties also recognise that climate change may adversely affect the current and future development, so stresses that it is essential to increase and support the adaptation efforts particularly in the sides which are developing countries. 4. in the light of the general objective of rapidly moving to the economy low in carbon dioxide emissions, the parties undertake to promote the sustainable use of natural resources and the trade and investment measures which promote and facilitate access to the best available technologies in clean energy production and use, and climate change mitigation and adaptation in the context of the development of these changes, as well as the distribution and use of these technologies. 5. the parties agree to discuss measures of trade policy and investment policy that promote climate change mitigation and adaptation objectives, inter alia: (a)) to promote their trade and investment barriers which prevent access to goods, services and technologies that can mitigate climate change or adapt to them, and their improvement, development and use, taking into account the existing conditions in developing countries; (b)) to promote energy efficiency and renewable energy measures that address the environmental and economic needs and reduce technical barriers to trade. 276. Article migrant workers the parties recognise that it is important to promote the principle of equal treatment in matters of working conditions, in order to eradicate discrimination against any worker, including against their territory legally employed migrant workers. 277. Article protection level of maintenance 1. no party shall encourage trade or investment by reducing environmental protection or labour law protection set levels. Not one of the parties in order to encourage trade or investment does not remove their environmental and labor laws or otherwise derogates from those that are reduced in these protection granted by the legislation. 2. the party does not allow that with long-term or regular actions or omissions of its environmental and labour legislation is not effectively implemented so that are adversely affected trade between the parties to or investing in. 3. the parties recognise the right of each party to a reasonable freedom of action in relation to decisions on resource allocation and the work of environmental protection regulations and standards implementation, monitoring and investigation, while not derogating from the obligations it has taken on in this section. 4. Nothing in this section authorizes the parties to carry on with the work of the authority and the environmental protection law enforcement activities in the territory of the other party. 278. Article scientific information the parties recognise: to prepare and implement measures on safety and health at work and the protection of the environment and affecting trade between the parties, it is essential to take account of scientific and technical information and the relevant international standards, guidelines or recommendations, while recognizing that, in the case of serious or irreversible harm, complete lack of scientific certainty should not be used as justification for the imposition of safeguard measures, atlikšanai81. 279. Article review of the impact on the sustainability of each party undertakes using your local and participatory processes, on its own discretion, to review, monitor and assess the implementation of the agreement's impact on jobs and the environment. Article 280 institutional and monitoring mechanisms 1. each of the parties in his Government the power authority, which will carry out the duties of the contact points in consultation with the other parties with a view to implementing trade-related aspects of sustainable development and to shift all of the questions and announcements that may arise in connection with this section. 2. the parties hereby establish a Trade and sustainable development Sub-Committee. Trade and sustainable development Sub-Committee composed of high level representatives from each party by the national regulatory authorities responsible for labour, the environment and trade issues. 3. Notwithstanding paragraph 2, the Trade and sustainable development in the meetings of the Subcommittee are the only EU party and one of the signatory States, And if the meeting is examining such issues that apply only to the EU side and by the signatory States of this And of the bilateral relations, including issues that are dealt with in article 283 in Government consultations and with article 284 of the created expert group. 4. trade and the Subcommittee on sustainable development is in the first year after the date of entry into force of this agreement, and then according to the need to monitor the implementation of this title, including the cooperation referred to in article 286 of the measures, and discuss important issues generally related to this section. The Subcommittee shall draw up its own rules of procedure and decisions shall be taken by consensus.
5. the marketing and sustainable development of the work of the Subcommittee is based on dialogue and effective cooperation, the obligations set out in this section and the initiative progress and mutually satisfactory solutions to potential problems. 6. trade and the Subcommittee on sustainable development performs the following functions: (a) monitor the implementation of this section), and determine the measures to sustainable development objectives; (b) to the Trade Committee) provide guidance on the correct implementation of this section and the best use of, when it considers it necessary; c) determines the areas of cooperation and examine the effective implementation of the cooperation, without prejudice to article 326; d) assess the impact of the implementation of this agreement on the work and the environment, when it considers it necessary; and e) resolve any matter within the scope of application of this section, without prejudice to 283 and 284.285, set out in article mechanisms. 7. the marketing and sustainable development Subcommittee promotes transparency and public participation in its work. Accordingly, the decision of the Subcommittee, as well as all the messages, it can be prepared on issues related to the implementation of this title, shall be disclosed, if the Sub-Committee decides otherwise. In addition, the Subcommittee is open to public contributions, comments, or opinions associated with this section. 281. Article mechanisms at national level, each Party shall consult with the local labor and environmental protection or sustainable development committees or groups or to establish such committees or groups, if any exist. Such Committee or group can provide opinions and recommendations on the implementation of this title, including on its own initiative, using for this purpose the parties ' respective internal channels. The following committees or groups are represented in a balanced representation of the organizations that work in the above areas, and their creation and consultation procedures are in accordance with national law. 282. Article dialogue with civil society 1. subject to paragraph 3 of article 280, and the Subcommittee on sustainable development once a year, unless the parties agree otherwise, organized a meeting with the civil society organisations and the general public, to discuss issues related to the implementation of this section. The parties agree to such meetings with civil society procedure no later than one year after the entry into force of this agreement. 2. in order to facilitate the balanced representation of relevant interests of the parties gives the opportunity to all the interested parties referred to in article 281 areas participate in these meetings. Summary of the meetings are publicly available. 283. Article 1 of the apspriedes82 the Government party may request consultations on any other party mutually questions arising from this section, submit a written request to the contact point of that party. The party receiving the request shall respond quickly. 2. consultation of the parties involved to do everything possible to reciprocal dialogue and consultations to reach a mutually acceptable solution to the question. If necessary, the deliberations of the two parties, based on mutual agreement, please provide the information or views to any person, organization or institution, including 269 and 270 of the agreement referred to in article international organisations or institutions that may contribute to a debatable issue. 3. If the party considers that it is necessary to continue consideration of the question, it may ask to convene a Trade and sustainable development Subcommittee for consideration of this issue by submitting a written request to the other parties involved in the deliberations of the contact point. Trade and sustainable development Sub-Committee is immediately and seek to agree on a solution. If the Sub-Committee decides otherwise, its conclusions shall be disclosed. 4. trade and sustainable development Subcommittee shall periodically publish a report that sets out the complete results of the consultation procedure and, if it considers it necessary, also reports on ongoing consultations. 284. Article 1 of the expert group. If one of the parties to the consultations otherwise agree, the parties discussed within 90 days after the request is submitted, you can start seek to convene a group of experts to consider the matter, which was not satisfactorily resolved in the Government laid down in article 283 of the consultations. 2. The Group of experts established pursuant to this article, paragraph 3 and 4 procedures and determine whether the party has fulfilled the obligations laid down in this section. 3. The coming into force of this agreement, the Parties shall be submitted to the Trade Committee with a list of at least 15 persons who have knowledge of this title, and of which at least 5 persons are nationals of either party and may perform duties of the President of the Group of experts. The following is a list of approved first Marketing Committee meeting. Experts are independent, and not on the one hand accept instructions. 4. Every procedure involved in Puse83 within 30 days after receipt of the request for the establishment of the expert group shall designate one expert from the expert list. Procedure the parties may agree on the selection of experts for work in the expert group, which is not included in the list, if they consider it necessary. If a party does not designate their experts within that period, the other party to the proceeding from the list of experts shall be selected by the party which is not a national of the designated expert. The two experts appointed shall agree on a Chairman who is not a party to the proceeding is a national. In the event of a dispute, the President is chosen by drawing lots. The Group of Experts created within 40 days of the date of receipt of the request for its establishment. 5. the parties to the Proceeding may submit material to the Group of experts. The Group of experts may request and receive written materials or other information from organizations, institutions and individuals who have relevant information or know-how, including written materials or information from the relevant international organizations and institutions on issues related to article 269 and 270. in international conventions and agreements. 6. The coming into force of this agreement, the Parties shall submit To the Trade Committee for adoption at its first meeting rules of procedure of the Group of experts. 285. Article ziņojums84 of the Group of experts 1. the experts group within 60 days after the final designation of experts provide the parties to the procedure a preliminary report outlining its provisional findings as regards the specific question. The parties involved in the proceeding, within 15 days following the submission of the initial report can be submitted to the Group of experts, written comments on this report. After consideration of the written comments of the Group of experts can review the original message. Galaziņojum group of experts examines all of the arguments that the parties involved in the procedure of bringing forward their written comments. 2. the experts group shall submit to the parties to the procedure your galaziņojum, including its recommendations, 45 days from the date of submission of the paragraph 1 of the original message. The parties to proceedings shall be disclosed to a non-confidential version of this galaziņojum within 15 days after its issue. 3. the parties to the Proceeding may agree on point 1 and 2 of the deadline extension. 4. The procedure a party shall notify the Trade and sustainable development Subcommittee of its intention with respect to the expert group's recommendations, including the implementation of the recommendations presented in the action plan. Trade and sustainable development, the Subcommittee shall monitor the implementation of the measures which this party has determined. 5. This section does not include section XII (settlement of disputes). 286. Article Marketing Cooperation and sustainable development in the light of the focused approach which is based on this section as well as section XIII (technical support and capacity building for trade) rules, the parties recognise the importance of cooperation activities that contribute to the implementation of this section and better use and especially with labor and environment-related policies and practices to improve upon it, as defined by their respective legislation. These measures include cooperation with common areas of interest measures such as: a) the measures relating to the environmental impact of this agreement and the work of the evaluation, including measures to improve such evaluation methodology and indicators; b) measures relating to ILO conventions and multilateral agreements in the field of the environment, including trade-related aspect of the effective implementation, monitoring and investigation; c) studies related to labor and environmental standards and levels, and the levels of such monitoring mechanisms; d) measures relating to climate change adaptation and mitigation of such change, including measures relating to the reduction of emissions due to deforestation and forest degradation ("REDD"); e) measures related to international climate change regime and are relevant to trade, including trade and investment measures which contribute to the achievement of the objectives of the UNFCCC; f) measures relating to the conservation and sustainable use of biological diversity, according to, as set out in this section; g) measures relating to the sourcing of wood product legitimate, voluntary forestry certification schemes and various forestry product traceability; h) measures to promote the use of best practices of sustainable forestry; I) measures relating to the trade of fisheries products, according to, as set out in this section; j) with the corporate social responsibility of promoting best practices and the implementation of related information and the exchange of experience; and k) measures related to the ILO's decent work Programme for commercial aspects, including the link between trade and productive employment, basic standards of employment, social protection and social dialogue. Section x transparency and administrative procedure article 287. Cooperation in the field of promoting transparency, the Parties shall cooperate, where appropriate, bilateral and multilateral forums to increase trade-related issues of transparency. 288. Article publishing 1. Each Party shall ensure that its measures of general application, including statutes, court decisions, procedures and administrative rulings, with respect to any matter considered in this agreement are promptly published or otherwise readily available to interested parties, so that these people can get to know them. 2. Each Party shall, as far as possible, provide interested parties the opportunity to comment on any proposed generally applicable laws, procedures or administrative ruling relating to any matter dealt with in this agreement, and shall consider such comments, if they are relevant. 3. If the access in the paragraph 1 of this article the information that is provided through appropriate notification to the WTO or by publishing it in the official party, publicly available and free Web site, believes that the party has provided this information. 289. Article confidential information nothing in this Agreement shall require a party to provide confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or restrict a particular public or private enterprises legitimate commercial interests. 290. Article 1 of the exchange of information at the request of either party, a party shall, as far as is legally possible, with their agreement, through the Coordinator shall provide information and reply promptly to all questions concerning any aspect that may significantly affect this agreement. 2. whenever a party under this Agreement shall provide the other party with information such that it has been classified as confidential information, the party processing the information in the confidential information. 3. at the request of the Coordinator of the agreement of the other party shall indicate the Office or official responsible for issues relating to the implementation of this agreement, and shall provide the necessary support to facilitate communication with the requesting party. 291. Article administrative procedure each party consistently, objectively and intelligently manages all general applicable, indicated in paragraph 1 of article 288. In this context, the application of these measures in respect of certain other persons, goods, services or establishment, in certain cases, each Party shall: (a)) whenever possible, and in accordance with their own legislation in good time notified of proceedings to the people who are directly affected by this process, including a description of the nature of the process, provided, specify the judicial authority, in which the process is started, and the dispute related issues a general description; (b)) provides that the following persons before the final administrative act of acceptance is a reasonable opportunity to present facts and arguments in support of their position, if warranted by the deadline, the process and the public interest; and (c)) provides that the procedure is based on national legislation and that these procedures comply with these laws. 292. Article review and appeal 1. each Party shall establish or maintain judicial, quasi-judicial or administrative or judicial procedures with a view to ensuring the final administrative act quick review and, if necessary, adjustment, relating to this agreement and in the trade-related issues. The administrative court or such procedures are not independent of the Office or authority entrusted with administrative enforcement and those responsible for them are objective and are not inherently interested in the result of the case. 2. Each Party shall ensure that such courts or procedures, the parties involved in the process is to provide the right to: (a)) reasonable opportunity to justify or defend your position; and (b)) the decision taken on the basis of the evidence and documents submitted or, if requested by the parties, the law on administrative authorities compiled documents. 3. Each Party shall ensure that, subject to its law the appeal or further review procedures, following the decision to implement and take into account in its activities the Office or authority that has jurisdiction over the relevant administrative act. 293. Article 1 of the subsidies in the field of Transparency. This agreement with trade-related subsidies is a measure that corresponds to article 1 of the subsidies agreement set out in paragraph 1 of the definition and is considered as a specific subsidy in the agreement referred to in article 2. 2. Each Party shall ensure transparency in the trade trade-related subsidies. Two years after the entry into force of this agreement each party every two years, provides the other parties a report on the Government or the public authorities grant the legal basis, or the amount of the budget form, and, if possible, for the recipients of grants. The following message is considered delivered if the party is to provide access to the information available to the public on the Web site, or if such access is provided on its behalf. The Parties shall exchange this information, they shall take into account the professional confidentiality and the requirements of business confidentiality. 3. the Trade Committee shall regularly review the progress of each of the parties in the implementation of this article. 4. the provisions of this article shall not affect the right of parties to apply trade protection tools or use the dispute settlement or other suitable measures against the other hand granted subsidies in accordance with the relevant WTO rules. 5. the parties agree to exchange information at the request of either party, matters relating to subsidies in the field of trade in services, and organize the first Exchange of views on these questions, one year after the entry into force of this agreement. 6. This article shall not include title XII (settlement of disputes). 294. Article special provisions the provisions of this title shall apply without prejudice to the other chapters of this agreement contained specific provisions. Title XI General exceptions article 295 security exceptions 1. Nothing in this agreement: (a)) requires a party to provide information or access to information if it considers that the disclosure of such information is contrary to its essential security interests; or (b)) does not prevent half of the action which it considers necessary to protect its essential security interests: (i)) related to the national security or national defence public procurement of required; II) related to fissile material and nuclear materials or the materials from which they are derived; III) associated with arms, munitions and military equipment to the production of, or trade in public procurement, as well as with other goods and equipment and the supply of the services or personnel that are made directly or indirectly, the supply of military formations; IV) is carried out in time of war or other emergency in international relations; or (c)) shall prevent a party to take the measures necessary to comply with the obligations it has taken on international peace and security maintenance or restoration purposes. 2. the Trade Committee shall provide information, as far as possible, of any measures taken by a party on the basis of paragraph 1 (b)) and (c)), and for this event. 296. Article 1 taxes. This agreement shall apply to taxation measures, to the extent necessary to implement the provisions of this agreement. 2. Nothing in this Agreement shall affect the rights and obligations of the parties set out between the Member States of the European Union and the Andean signatory sealed tax konvencijā85. If between this agreement and any such Convention, there is a conflict, the Convention, in so far as it is relevant to the current conflict. If there is a tax Convention concluded between a Member State of the European Union And the Andean, the signatory States whether there is a conflict between this agreement and the Convention, shall be determined exclusively under this Convention the competent authorities. 3. Nothing in this Agreement shall prevent a party from adopting or applying measures: (a)) which aims to provide direct tax efficient and equitable taxation and charging; (b)) which the national fiscal provisions, including the provisions that aim to provide taxation and tax collection, the distinction between different situations in applying existing taxpayers, in particular as regards their place of residence or the place where their capital is invested; c) aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions that are included in the double tax conventions and other tax agreements or national fiscal legislation: or (d)) which is contrary to the MFN obligations laid down in this agreement, provided that the difference in treatment resulting from the Tax Convention. 4. not defined in this agreement the terms or concepts of taxation is determined in accordance with the tax definitions and concepts, or equivalent or similar definitions and concepts according to the party's national law, take action. 297. Article 1 of the balance of payments. If the party is faced with serious external financial or balance of payments difficulties, or the threat of such difficulties, it may adopt or maintain restrictive measures in respect of trade in goods, trade in services and establishment, including on payments or transfers that are associated with such transactions. 2. any restrictive measure adopted or left in force, on the basis of paragraph 1, shall be non-discriminatory and limited in time, such a measure does not go beyond what is necessary to address the balance-of-payments situation, and it complies with the applicable provisions of the WTO agreement and the statutes of the International Monetary Fund for pantiem86. 3. the Parties shall endeavour to avoid referred to in paragraph 1 for the application of restrictive measures. If a party introduces such measures or translates it, it shall immediately notify the other parties and to submit as soon as possible a timetable for the measures. 4. the Trade Committee shall immediately organize consultation. Such consultation shall assess the balance-of-payments situation, which adopts or maintains the restrictive referred to in this article, as well as the same measures, taking into account inter alia such factors as: (a)) of the balance of payments and external financial difficulties, the nature and amount; (b)) the external economic and trading environment; and (c)) alternative corrective measures available. Meeting, consider the restrictive measures in conformity with point 2 and 3. Consultation shall adopt all International Monetary Fund statistical findings submitted and other facts relating to foreign exchange, monetary reserves and balance of payments, and the conclusions adopted on the basis of the International Monetary Fund balance of payments and the external financial situation assessment by the party that introduces measures. Title XII settlement of disputes Chapter 1 objectives, scope and definitions article 298 purpose This section aims to prevent and resolve the parties ' mutual disputes arising in connection with the interpretation or application of this agreement, and, whenever possible, to reaching a mutually satisfactory resolution of any matter that may affect the functioning of the agreement. If such a mutually acceptable solution is reached, the primary objective of this title is to ensure the repeal of the measures in question, if it is established that they are contrary to the provisions of this agreement. 299. Article 1 scope of application. Unless otherwise provided in this agreement, the provisions of this title shall apply to all disputes relating to the interpretation or application of this agreement, in particular if one party considers that the other party is in breach of the measures adopted or may be contrary to those laid down in this agreement, the parties obligations. 2. This section does not apply in respect of a signatory of mutual And dissent. 300. Article definitions when applying this section, the parties to the dispute in the "party" or "parties to the dispute" is a party to this agreement or the parties involved in this section specified in the procedure for the settlement of the dispute. Chapter 2, article 301 of the consultation the consultation 1. Parties shall endeavour to resolve any dispute referred to in Article 299 of the questions in good faith to begin consultations with the aim of achieving a mutually agreed solution. 2. a party may initiate a consultation by submitting a written request to the other party a copy of the request and to the Trade Committee and giving this request any controversial measures and legal grounds of complaint. 3. a request by a party to the request to start the consultation response, answers with a copy to the Trade Committee, 10 days after the receipt of the request. In cases of urgency the response period is five days. 4. The parties to the dispute may agree not to consult under this article and immediately starts the arbitration procedure, based on article 302. Such decision shall be notified in writing to the Trade Committee no later than five days before the date of the request to create the Tribunal. 5. Unless the parties to the consultations otherwise agree, the consultations a request received in the territory of a party within 30 days after the date on which the party receives the request, and after this period considered that the consultation is now closed. According as the parties to the dispute have agreed, the consultation can occur with any available technical means. The open consultation and all information is confidential. 6. in cases of urgency, including cases involving perishable goods, or other goods or services, which quickly loses its commercial value, such as with some seasonal goods or services, consultations shall begin within 15 days of the date when the party received a request to start a consultation, and after these 15 days, believes that the consultation is now closed. 7. The consultation each party involved in the consultation provided sufficient facts to make it possible to fully examine how the existing or proposed measure or other matter might affect the operation and application of this agreement. 8. Consultations under this article, each Party shall ensure that their competent national regulatory authorities, the participation of employees who have a significant knowledge of the issue. 9. Unless the parties to the consultations otherwise agree and if any dispute occurs in consultation with the Subcommittee established in this agreement, such consultation can replace the consultation laid down in this article, provided that this consultation is properly identified, controversial measure and the legal basis of the complaint. If one consultation the participating parties agree otherwise, the Subcommittee considered that consultation is concluded within 30 days after the date on which the party received a request to start a consultation. 10. Five days after receipt of the request of the party who is not a party to the discussions and are interested in the subject in question, you can ask in writing to the parties allowed to take part in this consultation, a copy of the request shall be submitted to the Trade Committee. If none of the parties involved in the discussions this request shall not be refused, such party may participate in the consultations as a third party in accordance with the procedure referred to in article 315 (hereinafter "the regulations"). 3. Dispute settlement procedures article 302 of the arbitration proceedings started 1. the applicant may request the establishment of a Tribunal, if: (a)) the defending party does not respond to a request to carry out a consultation in accordance with paragraph 3 of article 301; (b) consultation not happening) the time-limit set in article 301 or 6, as applicable; (c)) the consultation the parties involved have been unable to resolve the dispute through consultation; or (d)) the parties to the dispute have agreed not to carry out a consultation in accordance with paragraph 4 of article 301. 2. the request to arbitration shall be submitted in writing to the respondent party and to the Trade Committee. The applicant party shall specify in its request the contested measures and in a way that clearly reflects the legal basis of the complaint, explain how this measure violates the provisions of this agreement. 3. a party may request the establishment of the arbitral tribunal to consider the proposed measure. 4. Within ten days after the date of receipt of the request for arbitration, create a party which is not party to the dispute and to which there is substantial interest, may in writing request the parties to the dispute be allowed to take part in the arbitration procedure, a copy of the request to the Trade Committee. Such a party may participate as a third party in accordance with the rules of procedure. 303. Article 1 of the Arbitration Tribunal is the creation of three arbitrators. 2. the twelve days following the date on which the respondent party receives the request to arbitration, each party to the dispute may appoint its own arbitrator from the candidates, the parties have proposed to include under article 304 of the resulting list. If any of the parties to the dispute does not appoint its arbitrator, then the other party to the dispute requests a trade Committee Chairman or the delegated person shall designate an arbitrator by lot from those candidates that the party to the dispute proposed to include in the list of arbitrators. 3. Unless the parties to the dispute do not agree on the Chairman of the Tribunal within the time limits laid down in paragraph 2, the Trade Committee Chairman or the delegated person by any of the parties to the dispute shall designate by lot at the request of the President of the Tribunal of those candidates who are selected for that purpose to the list of arbitrators. 4. the Chairman of the Trade Committee or delegated person appointed arbitrator by lot from the list established in article 304 for five days after the date of receipt of the request, which according to the case filed in accordance with paragraph 2 or 3. 5. Notwithstanding paragraph 2 through 4 of the parties to the dispute in accordance with the mutual agreement and 10 days after the date on which the respondent party receives the request, as the arbitrators may designate persons who are not included in the list of arbitrators, but corresponds to article 304 (3). 6. Arbitration the creation date is the date when all the designated arbitrators provided their consent in accordance with the rules of procedure. 304. the article list of Arbitrators 1. the Trade Committee shall at its first meeting establish a list of the 25 people who are willing and able to perform the duties of the arbitrators. Each Party shall nominate five individuals who can work as arbitrators. The parties also appointed 10 persons together, not one hand valstspiederīgie87 and who will be the Chairman of the Arbitration Board. 2. the Trade Committee shall ensure that in accordance with paragraph 1 of the created list is always full. In any case, you can use the list according to article 303, even if it is not complete. 3. The arbitrators have specialized knowledge or experience in law, international trade or in the resolution of the dispute under international trade agreements. They are independent, objective, and they are not directly or indirectly related to any of the parties and to receive instructions from any party or organization. The arbitrators shall be conducted in accordance with this section of the code of conduct (the "code of conduct"). 4. the Trade Committee shall establish additional lists of 12 individuals who have specific knowledge about the specific questions included in this agreement. To that end, each Party shall nominate three persons to exercise the arbitrators. The parties may, by mutual consent, shall designate three candidates that will guide the work of the Tribunal and are not nationals of one of the parties. Each party to the dispute may appoint its arbitrator from those individuals who either party nominated for inclusion in the list. If you use the article 303. selection procedure laid down in paragraph 1, the Chairman of the Trade Committee or delegated person in the list may be used by the parties to the dispute agreed. 305. Article rejection, dismissal and substitution of 1. any party to the dispute may reject the arbitrator, if there is a reasonable suspicion that it complies with the code of conduct. The decision on rejection or dismissal of arbitrators shall be adopted in accordance with the rules of procedure. 2. If an arbitrator is unable to participate in the process, resigns or is replaced, the alternate designated in accordance with article 303. 306. Article combining the arbitration process when more than one party requests to create a Tribunal in respect of the same measure under the same legal basis, whenever it is possible, following the request for review creates a single Arbitration. 307. Article 1 of the arbitration ruling in arbitration. communicate its ruling to the parties to the dispute and to the Trade Committee 120 days following the date of creation. If the Tribunal considers that this deadline cannot be met, the President of the arbitral tribunal shall notify in writing the parties to the dispute and to the Trade Committee, giving the reasons for the delay and the date when the Tribunal plans to announce its ruling. The ruling does not in any case have to be notified later than 150 days after the date of the establishment of the Tribunal. 2. in urgent cases, including cases involving perishable goods, or other goods or services, which quickly loses its commercial value, such as with certain seasonal goods or services, the Arbitration Board within 10 days after its establishment issued a ruling on whether the case is considered to be urgent. The arbitral tribunal shall notify its ruling within 60 days and in any case not later than 75 days after the date of its creation. 308. Article 1 of the implementation arbitration awards. The defending party shall take all necessary measures to immediately comply with an arbitration award. 2. within 30 days from the date of receipt of the ruling party shall notify the respondent party: (a) the applicant) concrete measures which it considers necessary to comply with the ruling; (b) the reasonable deadline for ruling); and (c)) the specific temporary compensation offer at the time up to the full implementation of the measures which it considers necessary in order to comply with the ruling. 3. If the parties to the dispute there is disagreement on the content of such notification, the applicant party may request the Tribunal, which issued the ruling to determine whether the measures proposed on the basis of paragraph 2 (a)), to comply with this agreement, as well as whether the proposed ruling the deadline may be considered to be reasonable and/or compensation offer is clearly disproportionate. The ruling issued 45 days after submission of the request. 4. If the arbitral tribunal not created originally may arrange a meeting, or any of its members unable to attend shall apply the procedure laid down in article 303. Ruling of the period of notice shall be 45 days after the date when the new Tribunal was established. 5. Reasonable time limits referred to in paragraph 2 (b)), may be extended by the parties to the dispute by mutual agreement. 309. Article arbitration award review of the measures adopted for the execution of the Defendant party 1 all measures adopted to end the obligations set out in this agreement, notified to the applicant party and to the Trade Committee before it within a reasonable deadline set in accordance with article 308, paragraph 2 (b)) and paragraph 3 or 5. 2. If the responding party notified measures laid down in paragraph 1, differs from the measures which that party previously declared in accordance with article 308, paragraph 2 (a)), or where the applicant has applied unsuccessfully to the party to arbitration in accordance with the paragraph 3 of article 308 and the measures notified under paragraph 1, differs from the measures that the Tribunal considered relevant to this agreement, and the case between the parties to the dispute there is controversy about the existence of the measures notified or conformity with the agreement, the applicant party may request the original arbitration in writing to take a decision in this matter. Such request shall specify the controversial measures and explain why these measures are contrary to the agreement. The arbitral tribunal shall notify its ruling within 30 days following the date of receipt of the request. 3. If the original created in the arbitration or any of its members is not available, apply the procedure laid down in article 303. The ruling issued within 30 days of the date of creation of the new Tribunal. 310. Article temporary remedies in case of non-fulfilment of the award 1. If the defending party notifies the arbitration award required the adoption of measures within a reasonable or if the arbitral tribunal in accordance with paragraph 2 of article 309 that the notified measure is contrary to this agreement, the applicant party may: (a) the defendant party) request for refund, which may manifest as a temporary continuation of compensation or refunds be different, or (b) notify the respondent party) and to the Trade Committee of its intention to suspend concessions arising under the provisions referred to in Article 299, to a level equivalent to the nullification of the infringement or damage caused. 2. If 20 days after the expiry of a reasonable or if after an arbitration decision that the measure notified under article 311, paragraph 2 is contrary to this agreement, the parties to the dispute fail to agree on paragraph 1 (a)) States, the applicant party may notify the defendant party and to the Trade Committee of its intention to suspend relief under any of the provisions referred to in Article 299 of the level equivalent to the nullification of the infringement or damage caused. 3. If the defending party does not give a provisional article 308. compensation reasonable laikposmā88, the applicant party may notify the defendant party and to the Trade Committee of its intention to suspend relief under any of the provisions referred to in Article 299 of the level equivalent to a temporary refund until the defending party shall apply or adopt the provisional compensation measures of compliance, depending on which of the following happens earlier. 4. when the claimant party shall notify its intention to suspend benefits in accordance with paragraph 2 or 3, it may suspend the application of benefits after 10 days of this notice, unless the defending party requests arbitration in accordance with paragraph 5. 5. If the defending party considers that the reported level of suspension is not equivalent to the nullification of the infringement caused or injury, it can be requested in writing to the original Tribunal to decide the issue. Such request shall be communicated to the applicant party and Trade Committee laid down in paragraph 4, before the 10-day deadline. The original arbitration shall notify its ruling with respect to the level of suspension of benefits to the parties to the dispute within 30 days from the date of this request is received by the Tribunal. Relief shall not be suspended until the original Tribunal has announced its ruling to the parties to the dispute, and any suspension the following the ruling. 6. If the initial Tribunal or one of its members is not available, apply the procedure laid down in article 303. The ruling issued 45 days from the date of creation of the new Tribunal. 7. This article provides for the suspension of benefits or compensation shall apply to time, and it does not exempt the defendant from the obligation to comply with the party ruling. Such remedies shall apply only until the measure declared incompatible with this agreement, repeal or amend it to ensure compliance with the provisions of this agreement, or when the parties to the dispute have agreed on mutually satisfactory solution. 311. Article measures adopted after the suspension of benefits, and the compensation review 1. Defending party, as the case may be, may at any time notify to the applicant party and Trade Committee on the measures it has adopted to comply with the arbitration award, and its request to the applicant party to end the suspension of benefits or of its intention to terminate the application of the compensation. Except in the case provided for in paragraph 2, the suspension of benefits terminated after 30 days of receipt of such communication. 2. If the parties to the dispute fail to agree on the measures notified in compliance with the provisions of this agreement within 30 days of the date you filed in accordance with the notification provided for in paragraph 1, any party to the dispute may submit a written request to the original Tribunal to settle the issue. For such a request at the same time notify the defendant party and to the Trade Committee. The arbitration shall notify its ruling to the parties to the dispute and the Trade Committee for 45 days from the date of receipt of such a request. If the Tribunal decides that the intended measure complies with the provisions of this agreement, the suspension of benefits shall be terminated. 3. If the initial Tribunal or one of its members is not available, apply the procedure laid down in article 303. The ruling shall notify 45 days from the date of creation of the new Tribunal. 4. in the case referred to in paragraph 2, after the 30-day period, any party to the dispute has requested to the initial Tribunal to decide on the conformity of the measure, who notified under paragraph 1, and the applicant party has failed to fulfil its obligation to end the suspension of benefits, the defending party may suspend benefits to a level that is equivalent to the applicant the relief party stop level until the applicant party shall terminate the suspension of benefits. 312. Article request to explain the ruling 1. party to the dispute a copy of the request to the other party to the dispute and to the Trade Committee, 10 days after the date of notification of the award may be submitted to the Tribunal a written request explaining certain aspects of the decision or recommendation in ruling that the party is not clear, including aspects related to compliance. The other party to the dispute may provide their views to the Panel on such request, a copy of the application to the party who submitted the original explanation for the request. The Tribunal shall respond to such a request within 10 days of receiving it.
2. the submission in accordance with paragraph 1 of article 308 does not affect the time limits. Article 313 of the arbitration proceedings and the suspension termination 1. The parties to the dispute may at any time agree to arbitration to stop working for a period not exceeding 12 months from the date of such agreement. The parties to the dispute, such agreement shall be notified in writing to the President of the Tribunal, a copy of the notice shall be submitted to the Trade Committee. The work of the Tribunal in the event of suspension in article 307 deadlines extended for the period of suspension. 2. In any case, if the arbitration work is suspended for more than 12 months, the Tribunal loses its powers, unless the parties to the dispute agree otherwise. If the Tribunal loses his powers, nothing in this article shall prevent a party to propose new arbitration procedure, in respect of the same matter. 3. The parties to the dispute may agree on the termination of the proceedings at any time, submit a joint written statement to the President of the Tribunal, but a copy of this notice, to the Trade Committee. Chapter 4 General provisions article 314 mutually agreed solution, the parties at any time under this heading can be achieved in a mutually agreed solution to the dispute. The parties to the dispute about the following solution jointly notify the Trade Committee. Then, when mutually agreed solution is announced, the procedure shall be terminated. 315. Article rules of procedure and the code of conduct set out in this title 1 dispute settlement procedures laid down in the rules of procedure, which shall be adopted by the Committee on trade at its first meeting following the entry into force of this agreement. The Trade Committee at this meeting also adopted a code of conduct for arbitrators. 2. The hearing is open to the public in accordance with the rules of procedure, unless the parties to the dispute agree otherwise. 316. Article information and technical advice 1. Arbitration at the request of the parties to the dispute or ex officio may obtain any information it considers necessary from any source, including the parties to the dispute. The Tribunal shall have the right at its discretion to ask the opinion of experts. All such information is issued by each party to the dispute, to be able to comment on it. 2. The Tribunal may also allow them to interested non-governmental parties, established parties to the dispute territory, to provide amicus curiae opinions in accordance with the rules of procedure. 317. Article interpretation of the Tribunal interpreted the provisions referred to in Article 299. in accordance with public international law customary rules of interpretation laid down 23 May 1969 in Vienna adopted in the Vienna Convention on the law of treaties. Arbitration awards cannot expand or narrow the provisions referred to in Article 299 of the rights and obligations. 318. Article arbitration decisions and rulings 1. The Tribunal shall do everything possible to every decision taken by consensus. However, if a decision cannot be accepted by consensus, the matter shall be settled by a majority vote. However, in no case is made of different views of arbitrators. 2. all arbitration awards are binding on the parties to the dispute and does not create rights or impose obligations of natural or legal persons. The ruling determined the actual decisions on the applicability of the provisions of this agreement, the conclusion as to whether the party concerned has complied with the obligations resulting from the agreement and the decision and the reasons for its conclusions. 3. The arbitral tribunal by the parties to the dispute may request to issue recommendations on the implementation of the ruling. 4. Arbitration Awards are available to the public, unless the parties to the dispute agree otherwise. 319. Article relationship with WTO law and choice of court 1. The provisions of this title shall not affect the rights and obligations of the parties entered into the WTO agreement, including the dispute settlement arrangements. 2. Any dispute relating to the same action resulting from this agreement, and is related to the WTO agreement, a distinction can be made between in accordance with this section or in accordance with the agreement on the settlement of disputes between parties to the plaintiff's choice. If a party is required to establish the College in accordance with the agreement on the settlement of the dispute or the arbitration article 6, in accordance with article 303, it cannot start another procedure with regard to the same issue in the other court, except when the competent court chosen by the College has decided the merits of the procedural issues or grounds of jurisdiction. 3. The parties agree that any dispute between two or more relate to the same question, if it involved the same parties, they refer to the same event and they are discussed in the same major threats. 4. None of the provisions of this section shall not preclude a party to suspend the application of benefits allowed by the WTO dispute settlement panel is not used to deny the party stop relief under this section. 320. Article deadlines 1. all time limits in this section, including the arbitration ruling, the period of notice from the first day after the action or fact to which they relate. 2. Any period referred to in this section may be extended by the parties to the dispute by mutual agreement. 321. Article of the rules of procedure and the code of conduct for amendment of the Trade Committee may make amendments to the rules of procedure and the code of conduct. 322. Article mediation mechanism in accordance with annex XIV (the mediation mechanism of non-tariff measures), either party may request the other party to engage in the mediation procedure in respect of which the requested party's non-tariff measures in relation to section III (trade) within the scope of the question, on which the requesting party considers that it has a negative impact on trade. 323. Article good offices, conciliation and mediation 1. irrespective of article 322 of the parties may at any time agree to use good offices, conciliation or mediation as an alternative dispute settlement methods. 2. in paragraph 1 of this article, these alternative methods are implemented in accordance with the procedure agreed between the parties concerned. 3. the procedures laid down in this article can be started at any time, and may at any time suspend or terminate any participating party. 4. the procedures laid down in this article shall be confidential and shall not affect the right of parties to other procedures. Title XIII technical support and marketing ability improvement article 324 1. the parties agree to strengthen cooperation to promote the implementation of this agreement, and may use it to optimize results, expand the options and provide the most benefits to the parties. This cooperation develops regulatory cooperation between the parties in the legal and institutional system in which one of the main objectives is to support sustainable economic development, which allows to achieve greater social cohesion, and in particular to reduce poverty. 2. to achieve the objectives referred to in paragraph 1, the parties agree to pay particular attention to such cooperation initiatives aimed at: (a)) to improve and create new trade and investment opportunities, to promote competitiveness and innovation, as well as to modernize production, promote trade and technology transfer; (b) micro-enterprises and SMES) to promote development through trade as a poverty reduction tool; (c) promote fair and equitable) trade, to make easier access to the benefits of this agreement in all production sectors and in particular the weaker sectors; (d) to strengthen the commercial and) institutional capacity in the area of the implementation of the agreement and the effective application of the possible; and (e)) to ensure its cooperation needs identified in other parts of this agreement. 325. Article scope and means 1. cooperation shall take place using the tools, resources and mechanisms that are available to the parties for this purpose, in accordance with the existing rules and procedures of each of the parties and the authorities competent to implement the cooperation, including trade-related cooperation. 2. on the basis of paragraph 1, the parties may use tools such as, for example, the exchange of information, experience and best practices, technical and financial assistance and joint project identification, design and implementation. 326. Article trading functions of the Committee in respect of cooperation in accordance with this section 1. the Parties shall pay particular attention to the monitoring of the cooperation activities that have been introduced with the aim of promoting the optimum implementation of this agreement and its possible effective relief provided. 2. the Trade Committee shall monitor and where appropriate provide incentives and guidance regarding the main aspects of cooperation in the context of article 324 1 and 2 above. 3. the Trade Committee may make recommendations to those of each of the parties the competent authorities, which are responsible for the planning and execution of cooperation. Section XIV final provisions Article 327 Annex, appendices, footnotes, declarations and the annexes to this agreement, appendices, footnotes and declaration shall form an integral part thereof. 328. Article accession of new Member States to the European Union EU 1 party And signatory States of any request from a third country to host it in the European Union. 2. At a time when negotiations between the European Union and the candidate countries wishing to join the European Union, the EU side: a) the signatory States of the request by the Andes provide, as far as possible, information relating to any matter contained in this agreement; and (b)) take into account any of the signatory States of the And concerns. 3. the Party shall notify the signatory States of each And their accession to the European Union. 4. the Trade Committee and in sufficient time before the third country joining the European Union EU and the date party And signatory States to examine any such impact of accession to this agreement. The Trade Committee shall decide on any necessary adaptations or transitional measures. Article 329 other Andean Community Member States accession to the agreement 1. each Andean Community Member States not party to this agreement on the date of entry into force of this agreement between the EU and Andean, at least one of the signatory States (hereinafter "And the candidate"), may accede to this agreement in accordance with the conditions laid down in this article and the procedures. 2. the Party shall negotiate with the EU And the candidate countries on the conditions under which it will accede to this agreement. In these negotiations the EU party trying to maintain the integrity of the agreement by limiting any flexibility to negotiations on mutual concession lists according to annex I (the abolition of Tariff schedules), VII (relating to establishment) and annex VIII (list of obligations in relation to cross-border supply of services) and every aspect of why such flexibility is needed to ensure the accession of the candidate country And. EU party trade Committee on the conclusion of these negotiations, to make 3 consultations referred to in paragraph. 3. the Trade Committee shall consult with the EU side And the signatories of all the results achieved in the negotiations with the Andean country and which may affect And the rights or obligations of the signatory States. At the request of any party of the Trade Committee shall review the impact of the accession of the candidate country And this agreement and decide on further measures that might be necessary. 4. And the candidate accession enters into force, by means of the accession protocol, previously approved by the trade komiteja89. The Parties shall carry out internal procedures necessary for the entry into force of the Protocol. 5. the agreement shall enter into force between the candidate and the And each side on the first day of the month after the depositary has received And the applicant countries and the parties concerned the last notification of the completion of the internal procedures required for accession to the Protocol to take effect. You can also apply this Agreement provisionally, if provided for in the accession protocol. 6. If the date of entry into force of this agreement between the EU and at least one of the signatory States, And has not signed the Andean Community Member States which have participated in the adoption of the text of this agreement, that State has the right to sign it, and is not regarded as laid down in paragraph 1 And in the candidate countries. 330. The entry into force of article 1, each party a written notice of the completion of the internal procedures required for the entry into force of this agreement, all other parties and the depositary referred to in article 332. 2. This agreement shall enter into force between the EU and each of the signatory States, And on the first day of the month following the date of receipt by the depositary of the last notification provided for in paragraph 1 on the EU side and a signatory of those And, unless the parties concerned agree on another date. 3. Notwithstanding paragraph 2, the parties may provisionally apply this agreement in whole or in part. Each Party shall notify the depositary and to all other parties in the completion of the internal procedures required for the provisional application of the agreement. This agreement shall begin to apply provisionally between the EU and Andean signatory in the first day after the date of receipt by the depositary of the last EU parties and such And the signatory statement. 4. Where, in accordance with paragraph 3 of part a shall apply the provisions of this agreement before the date of entry into force of this agreement, then any such rule, the reference to the date of entry into force of the agreement shall be understood as a reference to the date on which the parties agree to apply that provision in accordance with paragraph 3. 331. Article duration and withdrawal 1. This agreement shall remain in force for an indefinite period. 2. any party may withdraw from this agreement by written notification to the depositary and to all other parties. Such resignation shall take effect six months after the date the notice is received by the depositary. 3. Notwithstanding paragraph 2, when the backs of the signatory States And this agreement, this agreement still remains between the EU and the other Andean signatory States. This agreement shall cease to apply if the EU party to resign from it.
332. Article depositary the Secretary-General of the Council of the European Union is the depositary of this agreement. 333. Article amended by the WTO agreement the parties agree that any provision of the WTO agreement, which is included in this agreement, includes all the amendments which have entered into force when this rule is applied. Amendment 334 article 1. the parties may agree in writing of any amendment to this agreement. 2. any amendment shall enter into force and shall apply mutatis mutandis to this agreement become ingredients in accordance with article 330 of the specified conditions. 3. the parties may elaborate on the commitments made in this agreement, or to expand the scope of the agreement on the amendments to this agreement or by means of agreements with regard to specific sectors or activities, this agreement taking into account the experience gained from its application. 335. Article reservations this agreement does not provide for the possibility of making reservations in the Vienna Convention on the law of treaties. 336. Article rights and obligations under this agreement, nothing in this Agreement shall grant persons other rights or imposes other obligations, not rights and obligations laid down between the parties, in accordance with public international law. 337. Article authentic texts this agreement is drawn up in three copies in English, Bulgarian, Czech, Danish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic. In witness whereof the undersigned, duly authorised thereto, have signed this agreement.
1 this provision shall not be construed to prejudice the obligations laid down between the Andes and the EU side of the 10 signatory States. and article 105. 2 the parties agree that the "Central Government, regional or local governments and authorities" cover all the parties ' authorities and management levels. 3 for the sake of clarity: the parties hereby declare that this agreement includes references to the territory are to be understood only as an indication of the geographical application of this agreement. 4 explanation of trade adopted by the Committee shall not be considered as amendments of the provisions of the agreement or amendment. 5 more accurate — the EU side case, the notice shall be deemed given when it is sent to the European Commission. 6 Colombia and the EU side agreed that this provision does not prevent to maintain and implement the alcohol monopoly set in Colombia. 7 for the purposes of this paragraph, "consular operations" is a requirement that parties goods intended for export to the territory of the other party, you must submit to the control of the Consul of the importing party, the exporting Party to receive consular invoices or consular visa sales invoices, certificates of origin, manifests, shippers export declarations and other customs documents for imports or imports. 8 the certainty-State trading enterprises to meet the definition of those alcohol production companies, which acts as the political Constitution of Colombia referred to in article 336 "monopoli-rentístic". 9 for the purposes of applying this article, in the case of Colombia on "agricultural goods" goods in these subheadings also: 2905.45.00, 3302.10.10, 3302.10.90, 3823.11.00, 3823.12.00, 3823.13.00, 3823.19.00, 3823.70.10, 3823.70.20, 3823.70.30, 3823.70.90, 3824.60.00.10 transitional period is 10 years from the date of entry into force of this agreement. If a product measure adopter of annex I Parties (tariff elimination schedules) set out in Schedule 10-year or longer period, the tariff abolition of the "transition period" is defined in this schedule tariff waiver period for this item and in addition to three more years. 11 the date of signature of this agreement, the European Union's outermost regions: Guadeloupe, French Guiana, Martinique, Réunion, Saint Martin, the Azores, Madeira and the Canary Islands. This article shall be equally applied to country or territory whose status with the European Council decision, in accordance with the Treaty on the functioning of the European Union Article 355. — changes to the outermost regions, from the date of adoption of this decision. If the outermost region of the European Union changes the same status in accordance with the same procedure, for the region of this article shall not apply where a decision of the European Council. EU party shall notify the other parties of any changes in areas that are considered the European Union's outermost regions. 12 for the purposes of this section "business day" means a business day on the side which must comply with the time limit concerned. 13 the public order exception may be applied only if they are creating a real and sufficiently serious threat to one of the fundamental interests of society. 14 exception under this paragraph shall apply to all consumer agreements that meet the principles that the economic and Social Council endorsed, in its March 28, 1947 in resolution No. 30 (IV). 15 for the purposes of this paragraph, the term "subsidy" means the State guaranteed loans, guarantees and insurance. 16 for the benefit of the obligations laid down by the elimination or reduction does not consider the need of a visa for natural persons of certain countries when persons from other countries the following visas are not required. 17 the provisions of this title shall also apply to shipping, established outside the European Union but signatory States of vaiAnd controlled by the Member States of the European Union or signatory of national And, if their vessels are registered in accordance with the relevant Member State of the European Union or the Andean legislation of the signatory States, and they fly to a Member State of the European Union or of the other signatory States And flag. the application of this section 18, part of the physical person who is both a national of a Member State of the European Union and Andean national signatories, regarded as nationals of the party to which he/she is recognised as a dominant or actual state of nationality. For this purpose, the dominant and effective nationality are the nationality of the parties, by which the natural person has closer links, inter alia taking into account such factors as his permanent residence, family ties, tax evasion or the place where the person to exercise their political rights. 19 the term ' business or professional business "includes doing business in any industrial or commercial productivity in the sector, the economic activities linked to the production of goods and provision of services. 20 in the case of a legal person, the terms "creation" and "acquisition" are to be understood as such, which includes an equity interest in a legal person for the purpose of creating or maintaining lasting economic links. 21 feels that a legal entity controlled by another legal person, if it is able to appoint the majority of the directors of this legal person or otherwise legally control their activities. 22 for the sake of clarity, and without prejudice to the obligations laid down in this chapter, this chapter shall not apply to investment protection rules, such as rules specific to and fair and equal treatment, nor to the investor and national mutual dispute settlement procedures. 23 without prejudice to what may be considered as cabotage under the relevant national legislation, this chapter national cabotage is the carriage of passengers or goods from the port or the point, located in the Andes in the signatory States or in a Member State of the European Union, to another port or point at the same And the signatory or Member State of the European Union, including the continental shelf, and the transport which begins and ends the same And the signatory or Member State of the European Union at the port or point. 24. paragraph 2 of this article (a), (b) and (c)))) does not apply to measures taken to limit the production of agricultural products. 25, each party may request the establishment of a legal person under its case law, the investors should adopt a particular legal form. If such a requirement is applied in a non-discriminatory manner, it need not be indicated in annex VII (relating to establishment) to the party it can take or leave. 26 for the sake of clarity, the term "similar" does not affect the term of "like circumstances" for which Colombia has negotiated or agreed upon in other international instruments. 27 for the sake of clarity, the rights for the EU side services and service providers arising from the commitments entered into under the GATS, Peru is still fully applicable within the WTO system, and this applies especially to the "like services and service providers," the application of the principle laid down in article XVII of the GATS. 28 without prejudice to the scope of activities which may be considered under the relevant national cabotage law, this chapter national cabotage is the carriage of passengers or goods from the port or the point, located in the Andes in the signatory States or in a Member State of the European Union, to another port or point at the same And the signatory or Member State of the European Union, including the continental shelf, and the transport which begins and ends the same And the signatory or Member State of the European Union at the port or point. 29. paragraph 2 of this article (c)) shall not apply to measures limiting the parties for the provision of the services necessary for the means of production. 30 for the sake of clarity, the rights for the EU side services and service providers arising from the commitments entered into under the GATS, Peru is still fully applicable within the WTO system, and this applies especially to the "like services and service providers," the application of the principle laid down in article XVII of the GATS. 31 This agreement referred to in the provision of services must comply with the laws, regulations and requirements to which the contract is executed. a company that hosts 32 people, can cause to submit for prior approval of the training program, which applies to all persons stay and which demonstrates that the purpose of stay is training. In Austria, the Czech Republic, Germany, France, Spain, and Hungary is a requirement that the training should be linked to obtain academic degree. 33 in this subparagraph that agreement for the provision of services must comply with the legislation of the party where the contract is executed. 34 "in the not-for-profit organization" applies only in Austria, Belgium, Cyprus, Czech Republic, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, the Netherlands, Portugal, Slovenia, the United Kingdom and Peru. 35 in Colombia, the maximum duration of the company redeployed staff is two years, with the right to extend the period for another year. Peru labour contract shall not exceed three years. However, the company moved the employee does not exceed the duration of one year, with the right to extend the time limit, if still valid residence grant of the underlying conditions. 36 in this subparagraph "professional experience" is the experience of the adulthood. 37 if the degree or qualification not obtained on the side where the service is provided, that party may evaluate whether such degree or qualification is equivalent to academic degree that is required in its territory. 38 if the degree or qualification not obtained the side where the service is provided, that party may also examine whether such degree or qualification is equivalent to academic degree that is required in its territory. 39 steps in c) and (d)), apply only to Colombia and the EU side in their mutual relations. 40 "relevant international organisations" are the international organisations, which are open to the participation of the appropriate authorities of the parties to it. 41 in Colombia, the official postal operator or concessionaire is a legal person providing the universal postal service in accordance with the concession contract. The other mail services will apply expedited licensing regime administered by the information and communication technology Ministry. Peru official postal operator is a legal person on the basis of a concession granted to it by law, and without exclusive rights is obliged to provide the postal services throughout the country. Other mail services is applied to the authorisation regime, administered by the Transport and communications Ministry. 42 for the sake of clarity, it should be noted that the independent body may also be a judicial authority. 43 "broadcasting" means the transmission chain, which requires TV and radio signals for distribution to the public; This term does not apply to the operator for the mutual supply of the gastrointestinal tract. the EU side and Peru 44 relations this section applied only to telecommunications services provided to the population and are associated with the transmission of customer information provided in real time between two or more points without making the customer information change in form or content. 45 EU and Colombian relations this section shall also apply to value-added telecom services. For the sake of clarity, and this section and annex VII (relating to establishment) and annex VIII (list of obligations in relation to cross-border supply of services) needs to be noted that Colombia and the EU side "value added telecommunications services" means telecommunications service in which the service provider "add value" customer information, improving its form or content or its storage or retrieval. for the sake of clarity, the term 46 – "public telecommunications delivery services" definition is provided in the GATS Annex on telecommunications. for the sake of clarity, the term 47 "public telecommunications delivery services" definition is provided in the GATS Annex on telecommunications. 48 "margin squeeze" applies only to the EU. 49 this article does not cover obligations that Peru and EU party undertakes to implement under this agreement, without prejudice to each party's national law. Colombia and the EU half this article applies only in respect of those telecommunications services provided to the population and are associated with the transmission of customer information provided in real time between two or more points without making the customer information change in form or content. for the purposes of this section, 50 the term "approval" means licences, concessions, permits, registration and approval by the other party can be defined as a requirement for the provision of telecommunications services. 51 the issue of paying for the approval did not include the fee for the auction, tender or other non-discriminatory methods of granting of concessions or minimum payments on universal service provision. For the sake of clarity, this section shall not prejudice the right of each party to request a fee for such a limited allocation of resources, such as radio frequency. 52 the reference to financial service provision in this chapter, means the supply of a service under article 108. 53 for the sake of clarity, in Colombia and Peru "Trade Administration documents" means the parties issued or controlled forms that must be completed by the importer or exporter in connection with the import or export of goods. 54 the public order exception may be applied only if they are creating a real and sufficiently serious threat to one of the fundamental interests of society.
for the sake of clarity: Peru 55 such implementing measures do not allow money transfers, fair, non-discriminatory and good faith application of Peru relating to: (a) bankruptcy, insolvency) or the protection of the rights of creditors; b) securities, futures, options or derivatives, trade or transactions with them; (c)) or criminal offences criminal offences; d) transfer to the financial statements or the sort of registration, when necessary, to provide assistance to law enforcement agencies and financial regulators, or e) judicial or administrative order or ruling of the Court of Justice to ensure compliance with the process or administrative process; not be deemed to be under this title or title V (Current payments and capital) rules. 56 for the sake of clarity, the "direct investment" does not include external trade-related credits, portfolio investment in accordance with national legislation, the national debt and related credit. 57 for the sake of clarity — title IV (trade, business services and electronic commerce), the provisions of Chapter 7 shall also apply in this section. 58 more specifically, this section does not apply to banking, financial, or with the following activities related to specialized services: (a)) public debt was incurred or b) public debt management. 59 on the EU side "purchasers" of the Member States of the European Union, "shopping", the operator specified in annex XII (public procurement) in Appendix 1. 60 Columbia and paragraph 3 of this article and paragraph 4 (c))) ("de mérito lawsuit" case many times to use lists with a one-year maximum validity period for the purchase of specific preparation. After that date, new suppliers can no longer contain it. The right to submit tenders grants only the listed suppliers. 61.198 and 199 of this agreement under article, the term "protection" shall include matters affecting the availability of intellectual property rights, acquisition, scope, maintenance and enforcement, as well as those issues that affect this section especially discuss the use of intellectual property rights. 62 according to the case, the term "indigenous and local communities" extended to African-American descendants. 63 without prejudice to the implementation of this chapter, the parties recognize that the concept of traditional knowledge are discussed in the relevant international fora. 64 the EU side at this point in the case of obligations to the European Union shall apply only in respect of the Community trade mark. 65 limited exception is the exception, which allows third parties to use the descriptive term on the market without the need to obtain the consent of the right holder, if such use takes place in good faith and does not constitute use of the trade mark. 66 in this subparagraph "use" means the geographical indication marked the production of the product and/or treatment and/or preparation. 67 the term "unauthorized use" refers to abuse any misuse, imitation or evocation of. for the purposes of this section, 68, the European Union granted protection for unregistered designs, also if they meet the requirements laid down in Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, as last amended by Council Regulation (EC) No 1891/2006 of 18 December 2006. 69 in this section "complex product" means a product which is composed of multiple components which can be replaced, disrupting and repeatedly bend the product. 70 in this section "normal use" means that the product is used for the end user, excluding maintenance, technical maintenance or repair. 71 in this section "agrochemical product" in the case of the EU parties are active substances and from one or more of the active substances created preparations made in the form in which they are supplied to the user, and developed with the aim of: (a)) to protect plants or plant products against harmful organisms or prevent the action of such organisms, in so far as such substances or preparations are not defined further substances and preparations; b) influence the life processes of plants, other than feed material (such as growth regulators); (c)) to store the products of plant origin, in so far as such substances or products are not subject to special Council or Commission provisions on preservatives; (d)) to destroy unwanted plants; or e) destroy parts of plants, check or prevent undesired growth of plants. 72 and the EU side of Colombia, this protection also applies to data, biological and related biotechnology products. The case with Peru the following products related to undisclosed information protection is granted against disclosure and practices which are contrary to fair commercial practice, in accordance with the TRIPS Agreement, article 39 paragraph 2, in this context, in the absence of specific legislation. 73 the Parties shall ensure that the measures referred to in this paragraph may also apply for those whose services have been used to violate intellectual property rights, in so far as they have been involved in this process. 74 the parties agree that such procedures do not necessarily apply to the importation of goods that the right holder has placed on the market in another country or placed on the market of another country with his consent. 75 in this paragraph "product, which is in violation of copyright or right on the mark", are: a) "counterfeit goods", namely: (i) goods, including the packaging) to which the posted without authorization a trademark which is identical with the trade mark which has been lawfully registered for the same type of goods, or mark the material aspects which cannot be distinguished from such trade mark, and which thereby infringes the trademark-holder's rights; II) any trade mark symbol (logo, label, sticker, brochure, instructions for use or guarantee document), even if presented separately, under the same conditions as referred to in paragraph (i) above); III) packaging materials bearing counterfeit trademarks and which are indicated separately, under the same conditions as referred to in paragraph (i) above); b) "pirated goods", namely goods which are or contain copies of copies made without copyright, rights related to copyright or the owner of the design right or the consent of the person whose rights have been properly authorised by the owner, the origin, whether it is a registered party. for the sake of clarity, 76 – technology transfer has access to the technology and the process of its creation and these technologies and the creation process. 77 in particular if statement can help to achieve the communication received by the competition authorities in the enforcement action. for the sake of clarity-78 the parties agree that the "monopolio in rentístico", created in accordance with the political Constitution of Colombia, article 336, includes the authorized monopoly and State category. 79 When this section is mentioned in the "work", it includes issues which the International Labour Organisation's strategic objectives. the 80 's this paragraph specified multilateral environmental agreement includes all of the protocols, annexes and amendments to the adjustments, which the parties have ratified it. 81 Peru this article is interpreted in the context of the Rio Declaration on environment and development, principle 15. 82 parties participating in this section of the consultation for the Government (hereinafter referred to as "a party" in consultations or deliberations "parties concerned"), are the European Union, of the one part, and the Andean one signatory, on the other hand. And the signatory can not request a meeting with the other And the other signatory States. 83 "a party" means the party to the deliberations, which participates with the Group of experts in the related procedure. 84 giving their recommendations, the expert group shall take into account the context of the multilateral obligations in accordance with article 269 and 270 of those agreements and conventions. 85 for the purposes of this article, "tax treaty" is the double tax Convention or other international agreement or arrangement in the field of taxation. 86 the WTO referred to in this article, the conditions of the agreement considered as applicable, mutatis mutandis, to the balance of payments measures relating to the conduct of the business sectors that are not service sector. 87 in this section "national" means a natural person who is a national of a Member State of the European Union or of the nationality or the signatory States And which is a Member State of the European Union or of the signatory States And the permanent resident. 88 for the sake of clarity, consider that the defending party has not imposed a temporary compensation within a reasonable period of time, if that party within a reasonable time has not launched its internal procedure for the purpose of implementing the refund, or if the internal procedures, the decision is taken, which do not provide for the application of interim compensation. 89 independent from the parties agree that in annex I (the abolition of Tariff schedules), VII (relating to establishment) and annex VIII (list of obligations in relation to cross-border supply of services) lists of concessions, the agreed EU And candidate countries and the mutual negotiations, shall be included in the Protocol of accession, without seeking approval of the Trade Committee.     1. part 1 of the annex in WORD format of annex 1 part 2 in WORD format of annex 1 part 3 WORD format of annex 1 part 4 WORD format of annex 1 part 5 Annex 2 in WORD format in WORD format in WORD format Appendix 3 Annex 4 Annex 5 WORD WORD WORD format in annex 6 Annex 7 Annex 8 in WORD format in WORD format in WORD format in annex 9 Annex 10 Annex 11 in WORD format in WORD format 12. attachment in WORD format in WORD format annex 13 Annex 14. 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